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Home My WebLink About01/20/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * A M E N D E D * * * WEDNESDAY, JANUARY 20, 2021 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible: https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  To Join the Zoom Meeting, members of the public are invited to click the link below: https://us02web.zoom.us/j/84746341980?pwd=NEJ2YnBhZFdOSWFCR0lnTzFHTWZmUT09  Or iPhone one-tap: US: +12532158782,,84746341980#,,,,*209823# or +13462487799,,84746341980#,,,,*209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 847 4634 1980 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. CALL TO ORDER: 5:30 P.M. 2. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – January 6, 2021 C. Minutes of Study Session – January 13, 2021 D. Contract Modification Agreement No. 2 with Parametrix, Inc. for the Complete Streets – Downtown Bremerton Bicycle/Pedestrian Circulation Improvements Project E. Confirm Reappointment of Bob Moore to the Bremerton-Kitsap (BKAT) Access Television Citizens Advisory Committee F. Confirm Reappointment of Jay Montgomery to the Bremerton-Kitsap (BKAT) Access Television Citizens Advisory Committee G. Confirm Reappointment of Sheldon Parr to the Bremerton-Kitsap (BKAT) Access Television Citizens Advisory Committee H. Purchase of 2021 Property Insurance bound with Hartford Fire Insurance Company I. Interagency Agreement between the Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funding Continued on next page… J. Amendment No. 3 to the Agreement with Kitsap County for the Incarceration of City Prisoners K. Goods and Services Agreement with L2 Systems, LLC for Water System SCADA Lifecycle Improvements L. Ordinance No. 5411 amending Title 18 of the Bremerton Municipal Code (BMC) entitled "City Fire Code"; and adopting 2018 changes to the International Fire Code 3. PUBLIC HEARING A. Public Hearing on Ordinance No. 5412 vacating a portion of alley east of Pitt Ave and south of East 11th Street 4. GENERAL BUSINESS A. Professional Services Agreement with Kitsap Community Resources (KCR) for the City of Bremerton 2021 Weatherization and Minor Home Repair Program B. Professional Services Agreement with Bremerton Housing Authority (BHA) for the City of Bremerton 2021 Rental Assistance Program C. Ordinance No. 5413 amending Bremerton Municipal Code (BMC) Chapter 17.04 entitled “City Building Code; and adopting State Building Code WAC 51 – 2018 Editions of International Building Codes and Uniform Plumbing Code D. Gorst Coalition Memorandum of Understanding (formerly Item 2M under Consent Agenda) 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: January 20, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 392265 through 292455 and Electronic Fund Transfers V32145 through V32235 in the grand total amount of $3,789,722.07 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – January 6, 2021 Study Session Date: N/A COUNCIL MEETING Date: January 20, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on January 6, 2021 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the January 6, 2021 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2B 2 DIGITAL RECORDING CITY COUNCIL MEETING & STUDY SESSION MINUTES Wednesday, January 6, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, January 6, 2021, at 5:30 PM with 2020 Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and Information Services Manager Dave Sorensen. President Younger read a statement to support the reason for holding a remote meeting per the extension of Governor Inslee’s Emergency Declaration, which has been extended through January 19, 2021. Also, he announced that before the end of tonight’s meeting, there will be an Executive Session with action is anticipated; and following adjournment of the business meeting, the Council will reconvene for a Study Session. Members of the public are invited to remain on Zoom and listen-in, but as with all Study Sessions, the meeting will not be broadcast on BKAT and no public participation is allowed. COUNCIL OFFICER ELECTIONS President Younger opened nominations for 2021 Council President. Council Member Sullivan nominated Kevin Gorman. With no further nominations, President Younger called for a Vote by Roll Call: 5:34 M/S/C/U (Wheat/Sullivan) Move to support Kevin Gorman for Council President. Voted in favor: Sullivan, Daugs, Gorman, Wheat, Goodnow, Simpson, and Younger. By a unanimous vote, Kevin Gorman was elected to serve as 2021 Council President; and accepted his position as the Chair. He will also serve as Mayor Pro Tempore in any future absence of Mayor Greg Wheeler. President Gorman then opened nominations for 2021 Council Vice President. Council Member Sullivan nominated Leslie Daugs. Council Member Goodnow nominated Lori Wheat (respectfully declined the nomination) Council Member Simpson nominated Michael Goodnow. With no further nominations, President Gorman called for a Vote. 5:40 M/S/C (Wheat/Sullivan) Move to support Leslie Daugs or Michael Goodnow for Council Vice President. Voted in favor of Daugs: Sullivan, Daugs, Gorman, and Wheat Voted in favor of Goodnow: Goodnow, Simpson, and Younger By a vote of 4 to 3, Leslie Daugs was elected to serve as 2021 Council Vice President. CONSENT AGENDA 2A – Claims & Check Register: Check Numbers 392059 through 392264, and EFT-V32079 through EFT-V32144 in the amount of $1,995,576.52; Regular Payroll for pay period ending December 15, 2020 in the amount of $905,661.61; Regular Payroll for pay period ending December 31, 2020 in the amount of $921,277.40; and Retiree Payroll for pay period ending December 31, 2020 in the amount of $50,351.90 2B – Minutes of Meeting – December 16, 2020 City Council Reg. Mtg. Minutes Wednesday, January 6, 2021 Page 2 of 4 There were no questions or comments from the public… 05:45 M/S/C/U (Daugs/Wheat) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS – There were no General Business items tonight… MAYOR’S REPORT Mayor Wheeler…  Congratulated President Gorman and Vice-President Daugs and recognized their commitment to “step up” into these roles;  Thanked Eric Younger for his contribution as Council President for the past 5 years;  Reported on the first COVID-19 mass vaccination effort which involved cooperation and significant effort with Peninsula Community Health and Kitsap County Public Health District;  Announced that according to Smart Asset, the City of Bremerton has been ranked No. 1 among the “Top 50 Metros in U.S. to get Physically Fit in 2021”; and  Read a statement to share his values in response to what happened at the Capitol in Washington DC, which he strongly opposed. PUBLIC RECOGNITION Anna Mockler expressed her opinion that the City should announce the current health measures at the start of each Council Meeting. GENERAL BUSINESS – There were no General Business Items tonight… COUNCIL MEMBER REPORTS Pat Sullivan wished everyone a Happy New Year; expressed appreciation to both the Mayor for his presentation and to Council Member Younger for his 5 years of leadership; looks forward to working with 2021 Council Chairs Gorman and Daugs; and mentioned that her heart goes out to those injured in Washington DC today. Leslie Daugs wished everyone Happy New Year; thanked Council Member Eric Younger for his 5 years of service; congratulated Council President Kevin Gorman; encouraged people to support local businesses; urged the community to remain safe; and was saddened at what took place in Washington DC today encouraging prayers for our Nation. Lori Wheat thanked 2020 Council Chairs for their service; congratulated 2021 Chairs; looked forward to attending the 27th Annual Kitsap County Rev. Dr. Martin Luther King, Jr. Day Virtual Celebration on Monday, January 18 beginning at 10:00 AM; appreciated the previous comments by the Mayor regarding the importance of following CDC Guidelines to prevent the spread of COVID-19; and wished everyone a Happy New Year. Michael Goodnow indicated that the Mayor’s earlier comments regarding the pandemic resonated with him and hoped Council would support and do their part as part of leadership when dealing with COVID-19; looked forward to working with the new Council Chairs; found the situation in Washington DC disturbing; and also looked forward to a good 2021. Mike Simpson wished everyone a Happy New Year; thanked 2020 Council Chairs for their service; congratulated 2021 Council Chairs; thanked Mayor Wheeler for his comments regarding the COVID-19 pandemic; urged the City to petition the Governor to encourage local control; and read a statement in support of ending the lockdown at the Capital in Washington DC. City Council Reg. Mtg. Minutes Wednesday, January 6, 2021 Page 3 of 4 Eric Younger appreciated all of the positive comments; expressed his support to the 2021 Council Chairs; and expressed support for receiving a Covid-19 vaccine when available because he looked forward to getting back to “real life”. Kevin Gorman encouraged people to continue their efforts to be safe and to be kind; and thanked Council Member Eric Younger for his excellent leadership for the 3 years he’s been on the Council, including his skill as a facilitator and for being a good listener. EXECUTIVE SESSION At 6:17 President Gorman announced that Council would meet for 15-minutes to discuss Potential Litigation as allowed under RCW 42.30.110 (1) (i); and action was anticipated… When back in session, City Attorney Roger Lubovich read the Motion into the record… There were no comments or questions from the public… 6:39 M/S/C/U (Simpson/Wheat) Move to authorize the City Attorney to file a lawsuit to obtain code compliance regarding property located at 2120, 2116, and 2010 E. Phinney Bay Drive and take any other necessary action to enforce compliance with any City of Bremerton Hearing Examiner order or other legal obligation relating to the property and to seek recovery of any costs associated with the action. President Gorman announced that following adjournment of this meeting, the Council would reconvene for a Study Session. And for those members of the public who remain on Zoom, they will be able to view the meeting by Zoom, but it will not be televised by BKAT. With no further business, President Gorman adjourned the Council Meeting at 6:41 PM. STUDY SESSION A. Briefing by the 2021 Council President: President Gorman requested Council Members to submit their preferred Committee assignments by this Friday; and following several proposed dates for a Joint Planning Workshop, it was agreed to be scheduled as a virtual meeting on Saturday, January 30, 2021. B. Information Briefing on the Gorst Coalition – Mayor Wheeler introduced other key members City Attorney Roger Lubovich; Finance Director Mike Riley; Public Works Director Tom Knuckey; and Gorst Coalition Member David Overton to lead a discussion and PowerPoint presentation on the proposed Gorst Coalition. Further discussion would continue at the January 13 Study Session. With no further business, President Gorman adjourned the Study Session at 7:31 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 20th day of January, 2021. City Council Reg. Mtg. Minutes Wednesday, January 6, 2021 Page 4 of 4 ________________________________________ KEVIN GORMAN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – January 13, 2021 Study Session Date: N/A COUNCIL MEETING Date: January 20, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on January 13, 2021 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the January 13, 2021 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2C 22C CITY COUNCIL STUDY SESSION MINUTES Wednesday, January 13, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, January 13, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Leslie Daugs, and Pat Sullivan. Council Member Lori Wheat was absent. Lori Smith, Legislative Office Manager, was present to provide staff support. President Gorman established that to help reduce the spread of COVID-19, the City Council is conducting the Study Session via a Zoom webinar with Council Members and staff participating remotely. He further established that the Study Session was open for the public to listen in, but there would be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed on the January 20, 2021 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Contract Modification Agreement No. 2 with Parametrix, Inc. for the Complete Streets – Downtown Bremerton Bicycle/Pedestrian Circulation Improvements Project Consent Agenda 2. Confirm Reappointment of Bob Moore to the Bremerton-Kitsap Access Television (BKAT) Citizens Advisory Committee Consent Agenda 3. Confirm Reappointment of Jay Montgomery to the Bremerton-Kitsap Access Television (BKAT) Citizens Advisory Committee Consent Agenda 4. Confirm Reappointment of Sheldon Parr to the Bremerton-Kitsap Access Television (BKAT) Citizens Advisory Committee Consent Agenda 5. Purchase of 2021 Property Insurance bound with Hartford Fire Insurance Company Consent Agenda 6. Interagency Agreement between the Washington State Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funding Consent Agenda 7. Amendment No. 3 to the Agreement with Kitsap County for the Incarceration of City Prisoners Consent Agenda 8. Goods and Services Agreement with L2 Systems, LLC for Water System SCADA Lifecycle Improvements Consent Agenda 9. Proposed Public Hearing on Ordinance vacating a portion of an alley east of Pitt Avenue, and South of 11th Street Public Hearing 10. Professional Services Agreement with Kitsap Community Resources (KCR) for the City of Bremerton 2021 Weatherization and Minor Home Repair Program General Business 11. Professional Services Agreement with Bremerton Housing Authority (BHA) for the City of Bremerton 2021 Rental Assistance Program General Business 12. Ordinance amending Bremerton Municipal Code (BMC) Chapter 17.04 entitled “City Building Code”; and adopting State Building Code WAC 51 – 2018 Editions of International Building Codes and Uniform Plumbing Code General Business City Council Study Session Minutes Wednesday, January 13, 2021 Page 2 of 2 13. Ordinance amending Bremerton Municipal Code (BMC) Chapter 18.02 entitled “City Fire Code”; and adopting 2018 Changes to the International Fire Code Consent Agenda 14. Gorst Coalition Memorandum of Understanding General Business B. GENERAL COUNCIL BUSINESS Other General Council Business was discussed; including a reminder that the City Council would participate in a virtual Joint Planning Workshop with the Mayor and Department Directors on Saturday, January 30, 2021 beginning at 9:00 AM. President Gorman reminded Council Members to submit their proposed topics for his consideration for the Joint Planning Session; and reminded the public that the next regular Council Meeting will be held remotely on Wednesday, January 20, 2021 at 5:30 PM. With no further business, the Study Session was adjourned at 7:14 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 20th day of January, 2021. ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: January 13, 2021 SUBJECT: Contract Modification Agreement No.2 with Parametrix, Inc. for the Complete Streets – Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Project COUNCIL MEETING Date: January 20, 2021 Department: Engineering Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: In August 2019, the City executed a contract with Parametrix for the design of the Downtown Bremerton Bicycle/Pedestrian Circulation Improvements Project in the amount of $30,622.51. One supplement has been executed which added bid support and inspection services in the amount of $7,496.91. The proposed Contract Modification No. 2 increases the contract value by $20,745.16 to a new total of $58,864.58 to include design of bike lanes on Austin Dr from Kitsap Way to Erlands Point Road NW. Adding this scope to the project should provide economies of scale when advertising for construction. ATTACHMENTS: 1) Contract Modification Agreement Form No. 2 with Parametrix, Inc. 2) Site Plan FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Transportation Capital Project Fund at $600K; Downtown Bike Improvements is $450K, and Austin Drive Bike/Ped Marking is $150K. STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation ☐General Business ☐Public Hearing STUDY SESSION ACTION: ☐ Consent Agenda RECOMMENDED MOTION: Move to approve Contract Modification No. 2 with Parametrix for design of the Complete Streets – Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2D x Page 1 of 2 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION AGREEMENT NO. 002 to City Contract # 6020 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX, Inc. PROJECT: Downtown Bremerton Bicycle / Pedestrian Circulation Improvements CONSULTANT: Parametrix, Inc DATE: November 30, 2020 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix, Inc. on August 28, 2019 and modified on April 24, 2020. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Work attached as Exhibit A Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by June 1, 2021, attached as Exhibit B. Section III. Compensation , is modified as follows: The original contract amount was not to exceed $ 30,622.51. The current contract amount, including all previous amendments is $ 38,119.42. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $ 20,745.16 for a total amended contract amount of $ 58,864.58 including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. Page 2 of 2 Contract Modification Rev. 10/2019 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Parametrix, Inc. City of Bremerton Attn: David Dinkuhn Attn: Chris Dimmitt 60 Washington Avenue 345 6th Street Suite 390 Suite 100 Bremerton, WA 98337-1891 Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx City of Bremerton 233-1896-163 Downtown Bremerton Bicycle Pedestrian Circulation Improvements 1 November 2020 Amendment 2 - Additional Design Services EXHIBIT A - SCOPE OF WORK City of Bremerton Downtown Bremerton Bicycle Pedestrian Circulation Improvements Amendment 2 - Additional Design Services INTRODUCTION This document describes Parametrix’s proposed scope of work (SOW) for providing additional engineering services for this project under Amendment 2 to our existing contract. A proposed schedule is included in this scope and our proposed budget is attached as Exhibit C. Main elements of the work consist of: • Prepare plan sheets, specifications, and engineer’s opinion of probable cost (PS&E) for adding bike lanes on Austin Drive from Kitsap Way to Erlands Point Road. • Incorporate the PS&E into the existing bid documents for the project and re-bid the project in early 2021. PHASE 1 – ENGINEERING SERVICES Task 1 – Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and attend a kickoff meeting with the City. Activities The following activities would be performed as part of this task: • Attend a kickoff meeting that will include Parametrix 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, if necessary, explanation of delays, problems, responsive action requirements by the Parametrix and the City, and other project needs. Deliverables The following deliverables will be prepared: • Routine correspondence and monthly progress reports. SCOPE OF WORK (continued) City of Bremerton 233-1896-163 Downtown Bremerton Bicycle Pedestrian Circulation Improvements 2 November 2020 Amendment 2 - Additional Design Services Assumptions The following assumptions apply to this task: • Project meeting will be attended virtually by the Parametrix project manager and project engineer at 1 hour each. • Project duration will be 3 months (January through March 2021). Task 2 – Preliminary Design (30%) Objective Prepare 30% plans and engineer’s opinion of probable cost. Activities The following activities would be performed as part of this task: • Prepare 30% complete design plans based on City-provided schematics. • Develop 30% engineer’s opinion of probable cost using City’s preliminary estimates to vet cost assumptions and evaluate budget. Deliverables The following deliverables will be prepared: • Plan sheets as follows Channelization Plan/Plan Sheets at 1” = 60’ scale 6 sheets Total Sheets 6 • 30% engineer’s opinion of probable cost Assumptions The following assumptions apply to this task: • Plans will utilize aerial photographs provided by the City; no survey will be conducted. • Aerial photographs are georeferenced allowing the use of state plane coordinates for reference points. • Typical roadway sections will be placed on the channelization plans and no extra sheets will be provided. • Two hard copies and one PDF set of all plans (11″x17″) and engineer’s opinion of probable cost will be provided. Task 3 – 90% Design, and Final Plans, Specifications, and Estimates (PS&E) Objective Prepare 90% design and Final PS&E for the project. SCOPE OF WORK (continued) City of Bremerton 233-1896-163 Downtown Bremerton Bicycle Pedestrian Circulation Improvements 3 November 2020 Amendment 2 - Additional Design Services Activities The following activities would be performed as part of this task: • Develop final engineering plans from the 30% plans. • Prepare an engineer’s opinion of probable cost at each deliverable stage. • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 90%, 100%, and final deliverables packages. Deliverables The following deliverables will be prepared: • Plan sheets as follows Channelization Plans in 1”=60’ scale 6 sheets Total Sheets 6 • 90%, 100%, and final engineer’s opinion of probable costs • 90%, 100%, and final PS&E contract documents in a biddable package • Two hard copies and one PDF set of all plans (11″x17″), special provisions, and engineer’s opinion of probable cost at each design stage • AutoCAD and PDF files of all drawings and documents Assumptions The following assumptions apply to this task: • No traffic control plans will be provided. Plans will reference standard WSDOT traffic control plans and Contractor will be required to provide traffic control plans as a submittal for approval. • Special provisions will follow WSDOT format. • Engineer III will prepare the channelization plan sheets at 10 hours per sheet. This effort includes plan preparation and two site visits for on-the-ground observation and verification of conditions. Task 5 – Management Reserve Objective Work under this task will provide additional technical services as requested and authorized in writing by the City. SCOPE OF WORK (continued) City of Bremerton 233-1896-163 Downtown Bremerton Bicycle Pedestrian Circulation Improvements 4 November 2020 Amendment 2 - Additional Design Services Exhibit B - Schedule Work Element Completed By Notice to Proceed January 1, 2021 30% Plans and CE (4 weeks) January 29, 2021 90% PS&E (3 weeks) February 19, 2021 100% PS&E (3 weeks) March 12, 2021 Bid Documents (3 weeks) April 1, 2021 Exhibit C Project: Amendment 2 - Downtown Bremerton Bicycle Pedestrian Circulation Improvements Direct Salary Cost (DSC): Classification Man Hours = Rate = Cost Sr. Consultant 15 X $77.19 $1,157.85 Engineer IV 73 X $49.07 $3,582.11 Project Controls Specialist 4 X $39.37 $157.48 Sr. Project Accountant 3 X $41.41 $124.23 Publications Supervisor 6 X $37.32 $223.92 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC =$5,245.59 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 179.16% % x $ $5,245.59 $9,398.00 Fixed Fee (FF): FF Rate x DSC of 21.00% % x $ $5,245.59 $1,101.57 Management Reserve $5,000.00 Grand Total $20,745.16 Cost Estimate Parametrix 11/18/2020 Amendment 2 DT Bike Estimate_11172020.xlsx SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/15/2020 Dealey,Renton &Associates P.O.Box 12675 Oakland,CA 94604-2675 License #0020739 510-465-3090 510-452-2193 certificates@dealeyrenton.com National Fire Insurance Co of Hartford 20478 PARAINC-01 Continental Insurance Company 35289Parametrix,Inc. 1019 39th Ave.SE Suite 100 Puyallup,WA 98374 (253)604-6600 American Casualty Company of Reading PA 20427 XL Specialty Insurance Co.37885 Valley Forge Insurance Company 20508 Continental Casualty Company 20443 2045529718 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU Included 1,000,000 2,000,000 X X WA Stop Gap/EL Y Y 6050531366 11/1/2020 11/1/2021 2,000,000 WA Stop Gap 1,000,000 E 1,000,000 X X X Y Y 6050531352 11/1/2020 11/1/2021 B X X 15,000,000Y605053143311/1/2020Y 11/1/2021 15,000,000 X 0 C F X N Y 6050531383 6050531402 11/1/2020 11/1/2020 11/1/2021 11/1/2021 WA Stop Gap 1,000,000 1,000,000 1,000,000 D Professional Liability Claims Made Pollution Liability Included Y DPR9967689 11/1/2020 11/1/2021 Per Claim Annual Aggregate Retroactive Date: $1,000,000 $1,000,000 01/01/1969 Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Re:233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements --The City of Bremerton is named as an additional insured as respects general &auto liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Days Notice of Cancellation City of Bremerton Attn:Christopher Dimmitt 345 6th St,Suite 100 Bremerton WA 98310 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part,including any such person or organization,if any,specifically set forth on the Schedule attachment to this endorsement.However,such person or organization is an Insured only with respect to such person or organization’s liability for: A.unless paragraph B.below applies, 1.bodily injury,property damage,or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured’s ongoing operations as specified in such written contract;or 2.bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard,and only if a.the written contract requires the Named Insured to provide the additional insured such coverage;and b.this coverage part provides such coverage. B.bodily injury,property damage,or personal and advertising injury arising out of your work described in such written contract,but only if: 1.this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard;and 2.the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. III.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV.Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance,this insurance is excess of all other insurance available to the additional insured whether on a primary,excess,contingent or any other basis.However,if this insurance is required by written 6050531366CNA75079XX(1-15)Policy No: 5Page1 of 2 Endorsement No: Nat'l Fire Ins Co of Hartford PARAMETRIX, INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020006660505313665476 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory,this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.except as provided in Paragraph IV.of this endorsement,agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,defense,or settlement of the claim;and 4.tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part.However,if the written contract requires this insurance to be primary and non-contributory,this paragraph (4)does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6050531366CNA75079XX(1-15)Policy No: 5Page2 of 2 Endorsement No: Nat'l Fire Ins Co of Hartford PARAMETRIX, INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above,the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6050531366CNA75008XX(1-15)Policy No: 7Page1 of 1 Endorsement No: Nat'l Fire Ins Co of Hartford PARAMETRIX, INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020006660505313665478 Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS I. A. 1. 2. a. b. (1) (2) 3. 4. 1. 2. B. 1. 2. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM LIABILITY COVERAGE Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. Does not apply to: Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or Any such organization that is an insured under any other liability "policy" providing auto coverage. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: Which are no longer in force; or Whose limits have been exhausted. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Policy No: Policy Effective Date: Form No: CNA63359XX (04-2012) Page: 1 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 6050531352 11/01/2020 Business Auto Policy Policy Endorsement C. II. A. B. a. b. C. a. D. a. b. c. d. e. (1) (2) E. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: $60 per day, in lieu of $20; subject to $1,800 maximum, in lieu of $600. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: $1,000 maximum, in lieu of $600. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. Such coverage as is provided by this provision will be subject to a limit of $750 per accident. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Policy No: Policy Effective Date: Form No: CNA63359XX (04-2012) Page: 2 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 6050531352 11/01/2020 Business Auto Policy Policy Endorsement F. c. d. G. a. b. c. d. (1) (2) III. 1. a. b. (1) (2) 2. IV. A. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories A $100 per occurrence deductible applies to the coverage provided by this provision. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. The most we will pay for loss to a covered auto in any one accident is the lesser of: $5,000; or 20% of the auto's actual cash value (ACV). Drive Other Car Coverage – Executive Officers The following is added to Sections II and III: Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: An auto owned by that "executive officer" or a member of that person's household; or An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. Equal to the greatest of those coverages afforded any covered auto; and Excess over any other collectible insurance. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. BUSINESS AUTO CONDITIONS Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Policy No: Policy Effective Date: Form No: CNA63359XX (04-2012) Page: 3 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 6050531352 11/01/2020 Business Auto Policy Policy Endorsement (4) (6) B. C. D. E. a. V. Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Policy No: Policy Effective Date: Form No: CNA63359XX (04-2012) Page: 4 of 4 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 6050531352 11/01/2020 Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Chicago, IL 60604 Policy No: 6 50531402 Form No: WC 00 03 13 (04-1984) Endorsement No: 3; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Copyright 1983 National Council on Compensation Insurance. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Endorsement No: 2; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Form No: G-19160-B (11-1997) Endorsement Effective Date: Policy No: WC 6 50531383 Policy Endorsement Expiration Date: © Copyright CNA All Rights Reserved. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Bob Moore to the Bremerton-Kitsap (BKAT) Access Television Citizens Advisory Committee Study Session Date: January 13, 2021 COUNCIL MEETING Date: January 20, 2021 Department: Executive Presenter: Greg Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the re-appointment of Bob Moore to the BKAT Citizens Advisory Committee. Bob is attending Olympic College. This is his third 1 year term. ATTACHMENTS: Application to the committee is available in the Mayor’s Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the (re)appointment of Bob Moore to the BKAT Citizens Advisory Committee for the term expiring Dec. 31, 2021. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2E AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Jay Montgomery to the Bremerton-Kitsap (BKAT) Access Television Citizens Advisory Committee Study Session Date: January 13, 2021 COUNCIL MEETING Date: January 20, 2021 Department: Executive Presenter: Greg Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the reappointment of Jay Montgomery (Bremerton Education Member) to the Bremerton Kitsap Access Television Advisory Committee. It is a one-year position. The term expires December 31, 2021. ATTACHMENTS: Application to the committee is available in the Mayor’s Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the (re)appointment of Jay Montgomery to the BKAT Citizens Advisory Committee for the term expiring Dec. 31, 2021. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2F AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Sheldon Parr to the Bremerton-Kitsap (BKAT) Access Television Advisory Committee Study Session Date: January 13, 2021 COUNCIL MEETING Date: January 20, 2021 Department: Executive Presenter: Greg Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the reappointment of Sheldon “Doc” Parr to the BKAT Citizens Advisory Committee. Mr. Parr is re-applying for his Bremerton – User seat. His non- profit group has one of the longest programs running on BKAT, “WestSound TV Presents”. This is his fifth one year term. This position expires December 31, 2021. ATTACHMENTS: Application to the committee is available in the Mayor’s Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the (re)appointment of Sheldon Parr to the BKAT Citizens Advisory Committee for the term expiring Dec. 31, 2021. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2G AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2021 Property Insurance bound with Hartford Fire Insurance Company Study Session Date: January 13, 2021 COUNCIL MEETING Date: January 20, 2021 Department: City Attorney’s Office Presenter: Melisa Vaal Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of any bound coverage that exceeds an annual premium of $25,000. Property insurance coverage for 2021 has been bound with Hartford Fire Insurance Company. The 2021 annual premium for all coverage is $466,000. Coverage is subject to a $100,000 deductible for most losses. Earthquake insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, and Fire Station 1. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2021. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2021 property insurance bound with Hartford Fire Insurance Company in the amount of $466,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2H AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Interagency Agreement between the Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funding COUNCIL MEETING Date: January 20, 2021 Department: Municipal Court Presenter: Dawn Williams Phone: (360) 473-5242 SUMMARY: This Interagency Agreement between the Administrative Office of the Courts and the Bremerton Municipal Court provides reimbursement for up to 50% of interpreter costs not to exceed $5,824.00 from July 1, 2020 to June 30, 2021. ATTACHMENTS: Interagency Agreement IAA21554 between the Administrative Office of the Courts and Bremerton Municipal Court. FISCAL IMPACTS (Include Budgeted Amount): Reimbursement Funding in an amount not to exceed $5,824.00. No matching funds are required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the Interagency Agreement IAA21554 between the Washington State Administrative Office of the Courts and the Bremerton Municipal Court; and authorize the Court Administrator to finalize execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2I IAA21554 Page 1 of 6 INTERAGENCY AGREEMENT IAA21554 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND BREMERTON MUNICIPAL COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Bremerton Municipal Court, for the purpose of distributing funds for court interpreter and language access service expenses to the Bremerton Municipal Court (Court). 1. DEFINITIONS For purposes of this contract, the following definitions shall apply: a) “Certified Interpreter” means an interpreter who is certified by the Administrative Office of the Courts, as defined in RCW 2.43.020 (4) or an interpreter certified by the Office of the Deaf and Hard of Hearing (ODHH) pursuant to WAC 388-818-500, et. seq. The names and contact information of AOC-certified interpreters are found, and incorporated herein by reference, at http://www.courts.wa.gov/programs_orgs/pos_interpret/ The names and contact information of ODHH-certified interpreters are found, and incorporated herein by reference, at: https://fortress.wa.gov/dshs/odhhapps/Interpreters/CourtInterpreter.aspx b) “Registered Interpreter” means an interpreter who is registered by the Administrative Office of the Courts, as defined in RCW 2.43.020 (6). The names and contact information of registered interpreters are found, and incorporated herein by reference, at http://www.courts.wa.gov/programs_orgs/pos_interpret/. c) “Qualified Interpreter” means a spoken language interpreter as defined in RCW 2.43.020 (2), or sign language interpreter as defined in RCW 2.42.110 (2). d) “Qualifying Event” means a proceeding or event for which an interpreter is appointed by an appointing officer pursuant to RCW 2.42 and/or RCW 2.43. 2. PURPOSE The purpose of this Agreement is to partner with individual local courts in improving access to the Court for Limited English Proficient (LEP), deaf, and hard of hearing persons in accordance with RCW Chapters 2.42 and 2.43. a) These funds are intended to address each court's following needs: • Financial Need – i.e., the gap between the court’s available financial resources and the costs to meet its need for certified, registered, and qualified interpreters, and the implementation of the Court’s language access plan; and • Need for Court Interpreters – i.e., the public’s right to access the court, and the court’s responsibility to provide court certified, registered, and qualified interpreters as required by RCW Chapters 2.42 and 2.43. IAA21554 Page 2 of 6 • Need for Language Access in General – i.e., translations for websites, translated forms, interpreting equipment, technology enabling remote interpreting, and other things that are necessary for courts to provide fair and equitable access for people who are LEP, deaf, and hard of hearing. 3. DESCRIPTION OF SERVICES TO BE PROVIDED a) The Court will ensure that the interpreter funding is used only for language access purposes and for reimbursement of costs paid to certified, registered, and qualified interpreters for Qualifying Events pursuant to Exhibit A, which is incorporated herein by reference. b) The Court agrees to track and provide interpreter cost and usage data using a form provided by the AOC Interpreter Reimbursement Program, reflecting information about the Court’s interpreter and language access costs and services. c) The Court agrees to work with the AOC Interpreter Program, the Interpreter Commission, and neighboring courts to identify and implement best and promising practices for providing language access and interpreter services. d) The Court agrees to encourage its staff overseeing interpreter services at the court to attend trainings (in person and/or online) provided by the AOC Interpreter Commission and Interpreter Program. e) The Court may elect to pay for interpreter services that are not in accordance with the provisions of Exhibit A as set forth; however, such payments will not be reimbursed. f) The Court is required to have a Language Assistance Plan (LAP) to be a part of the reimbursement program. 1) Courts Currently in the Reimbursement Program must submit their current LAP for review and approval by the Interpreter Commission by November 15, 2020. 2) Courts Joining the Reimbursement Program for the First Time must submit their LAP for review and approval by the Interpreter Commission by April 1, 2021. Staff from the Washington State Supreme Court Interpreter Commission will work with the new courts to develop and implement their LAPs, and will provide technical assistance and training when needed. 4. PERIOD OF PERFORMANCE The beginning date of performance under this Agreement is July 1, 2020, regardless of the date of execution and which shall end on June 30, 2021. 5. COMPENSATION a) The Court shall be reimbursed a maximum of $5,824 for interpreter and language access services costs incurred during the period of July 1, 2020 to June 30, 2021. No reimbursement shall be made under this Agreement for interpreting services provided after June 30, 2021. b) The Court shall receive payment for its costs for interpreter and language access services as set forth in Exhibit A, and incorporated herein. c) The Court shall not be reimbursed for interpreter services costs for Qualifying Events or other goods and services set forth in Exhibit A until properly-completed A-19 IAA21554 Page 3 of 6 invoices, and corresponding data (See subsection 3b), are received and approved by AOC, pursuant to the following schedule: 1) Reflecting Qualifying and non-qualifying Events, and any goods or services purchased, occurring between July 1, 2020 and September 30, 2020, must be received by the AOC no later than December 31, 2020. 2) Reflecting Qualifying and non-qualifying Events, and any goods or services, purchased occurring between October 1, 2020 and December 31, 2020, must be received by the AOC no later than March 1, 2021. 3) Reflecting Qualifying and non-qualifying Events, and any goods or services, occurring between January 1, 2021 and March 30, 2021, must be received by the AOC no later than April 30, 2021. 4) Reflecting Qualifying and non-qualifying Events, and any goods or services, occurring between April 1, 2021 and June 30, 2021, must be received by the AOC no later than July 31, 2021. d) If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. e) The Court shall submit its A-19 invoices quarterly to: ReimbursementProgram@courts.wa.gov The Data shall be submitted electronically to the AOC as described in Section 3b, above, and in conjunction with the quarterly invoice. f) Payment to the Court for approved and completed work will be made by warrant or account transfer by AOC within 30 days of receipt of a properly-completed invoice and the completed data report. g) The Court shall maintain sufficient backup documentation of expenses under this Agreement. h) The AOC, in its sole discretion and upon notice, may initiate revenue sharing and reallocate funding among courts. If it appears the Court may not expend the maximum Agreement amount, the AOC may reduce the maximum Agreement amount. AOC may increase the maximum Agreement amount if additional funds become available through these revenue sharing provisions. 6. TREATMENT OF ASSETS AND PROPERTY The AOC shall be the owner of any and all fixed assets or personal property jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and video and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. In the event that any of the deliverables under this Agreement include material not included within the definition of “works for hire,” the Court hereby IAA21554 Page 4 of 6 assigns such rights to the AOC as consideration for this Agreement. Data which is delivered under this Agreement, but which does not originate therefrom, shall be transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided, that such license shall be limited to the extent which the Court has a right to grant such a license. The Court shall advise the AOC, at the time of delivery of data furnished under this Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Agreement. The AOC shall receive prompt written notice of each notice or claim of copyright infringement received by the Court with respect to any data delivered under this Agreement. The AOC shall have the right to modify or remove any restrictive markings placed upon the data by the Court. 8. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 9. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 10. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Agreement. The Court will retain all books, records, documents, and other material relevant to this Agreement for six years after settlement, and make them available for inspection by persons authorized under this provision. 11. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington of the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. 12. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. IAA21554 Page 5 of 6 13. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 14. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. This Agreement; and c. Any other provisions of the agreement, including materials incorporated by reference. 15. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 17. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. IAA21554 Page 6 of 6 18. AGREEMENT MANAGEMENT The program managers noted below shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement: 19. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. AGREED: Administrative Office of the Courts Contractor Signature Date Signature Date Dawn Marie Rubio Name Name Administrator, AOC Title Title AOC Program Manager Court Program Manager Michelle Bellmer PO Box 41170 Olympia, WA 98504-1170 michelle.bellmer@courts.wa.gov (360) 350-5373 Dawn Williams Court Administrator 550 Park Ave Bremerton, WA 98337 dawn.williams@ci.bremerton.wa.us (360) 473-5242 Washington State Interpreter Services Funding - Exhibit A Page 1 of 6 EXHIBIT A WASHINGTON STATE INTERPRETER SERVICES FUNDING Funding Conditions and Payment Structure The Court Interpreter Reimbursement Program funding conditions and payment structure shall be as follows: 1. General Funding Conditions The AOC will reimburse courts under this Agreement for the cost of interpreters and other goods and services that improve language access in the courts for Limited English Proficient (“LEP”), deaf, and hard of hearing persons. This includes AOC-certified, registered, or otherwise court-qualified interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following conditions listed under Section 2 “Qualifying Interpreter Events.” It also includes goods and services that improve language access, listed under Section 3 “Language Access Items,” and services listed under Section 4 “Language Access Services”. Courts shall work with AOC staff in determining whether an expense that is not explicitly mentioned below, qualifies as a reimbursable expense under the Agreement. 2. Qualifying Interpreting Events The AOC will reimburse courts under this Agreement for the cost of AOC-certified, registered, or otherwise court-qualified interpreters appointed pursuant to RCW 2.42 and RCW 2.43 under the following conditions which are herein referred to as “Qualifying Events”: A. Spoken Language Interpreters Qualifying Events 1) Certified and Registered Language Interpreters Compensation for interpreters currently credentialed by the AOC in the certified and registered language categories shall be reimbursed for actual compensation paid pursuant to the payment structure for those interpreters as outlined in Section 5 entitled “Payment Structure”. 2) Non-Credentialed Interpreters in Certified and Registered Language Categories If the AOC master interpreter list for certified or registered languages does not include any interpreters credentialed by the AOC for those languages, reimbursement will be provided for actual compensation paid pursuant to the payment structure as outlined in Section 5 “Payment Structure”, for those interpreters, providing that the interpreter is found otherwise qualified on the record by the Court pursuant to RCW 2.43. Washington State Interpreter Services Funding - Exhibit A Page 2 of 6 3) Non-Credentialed Languages Compensation for interpreters for languages for which neither certification nor registration is offered will be reimbursed where the interpreter has been qualified on the record pursuant to RCW 2.43. B. Sign Language Interpreters Qualifying Events Reimbursement for actual expenses incurred for services of American Sign Language (ASL) interpreters appointed by an appointing authority pursuant to RCW 2.42 will be authorized pursuant to the payment structure as outlined in Section 5 “Payment Structure”, when then interpreter is listed with the Department of Social and Health Services, Office of Deaf and Hard of Hearing (DSHS, ODHH) as a court-certified ASL interpreter. C. Salaried Staff and Contract Interpreters Reimbursement will be provided for salaried staff or contracted interpreters meeting the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections (A) and (B) above. D. Telephonic and Video Remote Interpreting The AOC will reimburse local jurisdictions for using certified, registered, or otherwise qualified interpreters operating by telephone or video when providing court interpreting services for Limited English Proficiency (LEP) persons or persons who rely on sign language for in-court proceedings and for services that are provided by the Court to the public outside of the courtroom. To the extent possible, the services must meet the Qualifying Event conditions for the payment of credentialed spoken and sign language interpreters, as referenced in subsections (A) and (B) above. 3. Language Access Goods & Services Courts can request reimbursement for the cost of goods and services that are meant to increase language access in the Court. A maximum of 50 percent of the court’s total contract amount can be spent on goods and services. The court shall seek approval by Program staff to use a percentage above 50 percent if there is a compelling reason to do so that will directly impact increased language access in the Court. Program staff approval must be documented in writing. Language access goods and services will be reimbursed at 100% of the total cost, with the exception of interpreter costs and portable video devices, for which only 50% will be reimbursed. The items listed below are acceptable for reimbursement and the Court does not need prior approval to seek reimbursement for the listed items. Items or services not listed below, must be approved by Program staff prior to purchase or they will not qualify for reimbursement under the Program. Washington State Interpreter Services Funding - Exhibit A Page 3 of 6 • Interpreter Scheduling Software or Service • Document Translations • Portable Video Device(s) for Video Remote Interpreting (only up to 50% reimbursement) • Equipment used for Simultaneous Interpretation • Printed Signage for Language Assistance Purposes • Staff Training on Language Access, Interpreting, or Bilingual Skills Improvement provided by outside entities - (ex: interpreters skills training for bilingual staff who want to become certified, training for staff who are partly bilingual to improve their skills, general training on working with language access issues. Some examples can be found here: https://www.nmcenterforlanguageaccess.org/cms/en/courts- agencies/about-language-access-basic-training). Other items or services may qualify for reimbursement, but the Court must gain approval from Program staff prior to purchasing and seeking reimbursement. 4. Scope of Reimbursement Funding Reimbursement payment under this Agreement will only be made to the Court when the cost is paid out of the budget (or budgets, in the case of multi-court collaborative applicants) of the Court responsible for full payment. 5. Payment Structure A. Hourly Rate 1) Rate for Spoken Language Interpreters AOC will reimburse the Court for 50 percent of the hourly cost and hourly minimum charges submitted to the Court by AOC-certified, registered, or otherwise court-qualified interpreters providing services under this Agreement. 2) Rate for Sign Language Interpreters AOC will reimburse the Court for 50 percent of the hourly cost and the hourly minimum charges for certified interpreters providing services under this Agreement. 3) Salaried Interpreters AOC will reimburse the Court for 50 percent of the cost of staff interpreters and will reimburse only for their provision of interpreter services. 4) Contracted Interpreters The cost of contracted interpreters who are paid on an hourly basis will be reimbursed under the same conditions as in 2.A and 2.B above. The cost of contract interpreters who are paid other than on an hourly basis (e.g., on a half-day or flat rate basis) will only be reimbursed for the actual number of hours of interpreting provided for each Qualifying Washington State Interpreter Services Funding - Exhibit A Page 4 of 6 Event. 5) Telephone Interpreting Rate The AOC will reimburse local jurisdictions for up to 50 percent of the cost of using certified, registered, or otherwise qualified interpreters providing interpretation by telephone or videophone for LEP persons or persons who rely on sign language. 6) Hourly Minimum Rate Charges Where a minimum hourly rate charge is imposed, reimbursement will be paid for half of such hourly minimum rate. B. Travel Time and Mileage The AOC will reimburse Courts for up to 50 percent of the cost of interpreter travel time and mileage when such charges are in accordance with this Exhibit A and reimbursed as identified below in Interpreter Travel and Mileage Reimbursement. In such event, travel time and mileage charges will only be reimbursed for interpreters meeting the Qualifying Event conditions listed in Section 2 above. The AOC reserves the right to limit travel reimbursement to reasonable travel, based on known availability and location of certified, registered, or otherwise qualified interpreters. Washington State Interpreter Services Funding - Exhibit A Page 5 of 6 INTERPRETER TRAVEL AND MILEAGE REIMBURSEMENT Interpreter mileage and/or travel time will be reimbursed as follows: 1. MILEAGE Interpreter mileage will be reimbursed in accordance with the prevailing Administrative Office of the Courts Policy. Notification will be sent prior to rate changes. Mileage will be reimbursed on a from “address of origin”1 to “address of appointment”2 basis. The Court and interpreter will negotiate reimbursement for mileage traveled from the “address of appointment” to “address of destination”3 on a case-by-case basis. (NOTE: Courts are encouraged to have a consistent policy regarding the return trip.) In Eastern Washington, due to the scarcity of interpreters and vast distance, it is recommended that the Court reimburse the interpreter for mileage on an “address of appointment” to “address of destination” or roundtrip basis 4. Interpreter mileage related to an appointment is billable if a required party fails to appear. “Failure to appear” means a non-appearance by the LEP or deaf or hard of hearing client, attorneys, witnesses, or any necessary party to a hearing, thereby necessitating a cancellation or continuance of the hearing. If the interpreter fails to appear, they will not be paid for mileage. Mileage related to appointments that have been cancelled where the interpreter has received prior notice of the cancellation is not billable. Address Origin Mileage Address of Appointment Mileage Address of Destination $ $? Billable Subject to Negotiation 1 “Address of origin” means the interpreter’s home, office, or immediately previous appointment meeting place. 2 “Address of appointment” means the courthouse or other location of the interpreter assignment. 3 “Address of destination” means the interpreter’s home, office, or immediately next appointment meeting place. 4 “Roundtrip” means from the interpreter’s home/office to the appointed meeting place, followed by the interpreter’s return to their home/office. Washington State Interpreter Services Funding - Exhibit A Page 6 of 6 2. TRAVEL TIME Travel time will be reimbursed on a from “address of origin” to “address of appointment” basis. The Court and interpreter will negotiate reimbursement for travel time from “the address of appointment” to “address of final destination” on a case-by-case basis at the time the appointment is requested. (NOTE: Courts are encouraged to have a consistent policy regarding the return trip.) In Eastern Washington, due to the scarcity of interpreters and vast distance for travel, it is recommended that the Court reimburse the interpreter for travel time on an “address of appointment” to “address of destination” or roundtrip basis. Interpreters must travel for either a minimum of sixteen (16) miles or for one-half hour in order to be eligible for travel time reimbursement. Exceptions to the sixteen (16) mile minimum requirement shall be made when the use of a ferry contributes to the one-half hour or more of travel time. Travel time will be reimbursed at a rate of one half the hourly interpreter rate for each hour of travel. Example: Interpreter traveled four hours to an appointment and the hourly rate is $50. One half of the hourly rate is $25. The calculation would be 4 x $25 = $100 for travel time. Distance Reimbursable Origin Appointment 0 -15 Miles Mileage Only Origin Appointment 16+ Miles or half-hour travel* Mileage and Travel Time* *Travel Time can be claimed only when traveling time is half an hour (30 minutes) or more. Interpreter travel time related to an appointment is billable if a required party fails to appear. “Failure to appear” means a non-appearance by the LEP or deaf or hard of hearing client, attorneys, witnesses, or any necessary party to a hearing, thereby necessitating a cancellation or continuance of the hearing. If the interpreter fails to appear, he/she will not be paid for travel. Travel time related to appointments that have been cancelled where the interpreter has received prior notice of the cancellation is not billable. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Amendment No. 3 to the Agreement with Kitsap County for the Incarceration of City Prisoners COUNCIL MEETING Date: January 20, 2021 Department: Police Presenter: Tom Wolfe Phone: 370.473.5481 SUMMARY: The City of Bremerton and Kitsap County entered into an agreement for incarceration of prisoners on January 22, 2018 (“Agreement”), and subsequently entered into amended agreements through December 31, 2020. For calendar year 2021, the City will pay $157.05 per full bed-day. ATTACHMENTS: Third Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners. FISCAL IMPACTS (Include Budgeted Amount): The 2021 Budget was adjusted for the new rate. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Third Amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2J 1 KC-231-17-C THIRD AMENDMENT KITSAP COUNTY AND CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS This Third Amendment to the Kitsap County and City of Bremerton Agreement for Incarceration of City Prisoners (“Third Amendment”) is made between Kitsap County, a Washington state municipal corporation ("County"), and the City of Bremerton, a Washington state municipal corporation ("Contract Agency"). In consideration of the mutual benefits and covenants contained herein, the parties agree that Kitsap County Contract No. KC-231-17 (“Agreement”), shall be amended as follows: 1. Subsection 6 (a) (Base Rate for House) is amended to change the base rate to $157.05 for each inmate for a 24-hour period, or portion thereof. 2. Section 22 (Duration) is amended and replaced with the following: The Agreement shall be effective January 1, 2021 through December 31, 2021, unless terminated or extended by agreement of the parties. Nothing in this Agreement shall be construed to make it necessary for the Contract Agency to continuously house prisoners with the County. 3. Effective Date. The effective date of this Third Amendment is January 1, 2021. 4. Insurance. If this Third Amendment extends the expiration date of the Agreement, then the Contract Agency shall provide an updated certificate of insurance and endorsement evidencing that any required insurance coverages are in effect through the new contract expiration date. The Contract Agency shall submit the certificate of insurance to: Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, W ashington 98366. 5. Terms Unchanged. Except as expressly provided in this Third Amendment, all other terms and conditions of the Agreement, and any subsequent amendments, addenda, or modifications thereto remain in full force and effect. 6. Counterparts. This Third Amendment may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitution one and the same agreement. 2 7. Authorizations. The signatories to this Third Amendment represent that they have been appropriately authorized to enter into this Third Amendment on behalf of the Party for whom they sign, and that no further action or approvals are necessary before its execution. DATED this day of , 2020 DATED this day of , 2020 CITY OF BREMERTON KITSAP COUNTY SHERIFF’S OFFICE _______________________________ _______________________________ Greg Wheeler, Mayor Gary Simpson, Sheriff BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON DATED this day of , 2020 _______________________________ CHARLOTTE GARRIDO, Chair _______________________________ ROBERT GELDER, Commissioner _______________________________ EDWARD E. WOLFE, Commissioner ATTEST: _______________________________ Dana Daniels, Clerk of the Board AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Goods and Services Agreement with L2 Systems, LLC for Water System SCADA Lifecycle Improvements Study Session Date: January 13, 2021 COUNCIL MEETING Date: January 20, 2021 Department: PW&U Presenter: Cami Apfelbeck Phone: (360) 509-0746 SUMMARY: The City of Bremerton Water Utility Supervisory Control and Data Acquisition System (SCADA) provides critical functions for the City’s drinking water system through monitoring of water system conditions as required by regulations, assuring operations per facility set points, alerting water operators to alarm conditions, dispatching staff, and providing a database for analysis and report preparation. This project will:  Replace older servers, server computers and field components  Build electrical panels and provide configured programmable logic controllers  Upgrade electrical service  Upgrade communications  Provide other operational needs such as software programming, screen development, and on-call troubleshooting L2 Systems, LLC was approved as sole source integrator for the SCADA system in 2020 (attached). ATTACHMENTS: 1) Goods and Services Agreement; 2) Project Summary; 3) Sole Source Approval FISCAL IMPACTS (Include Budgeted Amount): The funds for this upgrade are included in the Water Utility Capital budget. Total project cost: $225,000 between 2021-2023. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Goods and Services Agreement with L2 Systems, LLC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2K Page 1 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and L2 Systems, LLC ("Vendor"), whose mailing address is: 3925 88th Street NE Ste F, Marysville, WA 98270 The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City as described in attached hereto as Exhibit A, Scope of Work, which is incorporated by reference herein. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services by December 31, 2023 per Exhibit B. III. COMPENSATION. The City shall pay the Vendor the total amount of $225,000, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the schedule attached hereto as Exhibit C. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor 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 Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. Page 2 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. Page 3 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. Page 4 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor 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. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's Page 5 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary 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 Vendor 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 th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required 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. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. Page 6 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor 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. Vendor 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. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible Page 7 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: City of Bremerton L2 Systems, LLC 345 6th Street, Suite 100 3925 88th Street NE STE F Bremerton, WA 98337-1891 Marysville, WA 98270 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. 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. Page 9 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 EXHIBIT A WATER SYSTEM SCADA LIFECYCLE UPGRADE SCOPE OF WORK January 2021 BACKGROUND The City of Bremerton Water Supervisory Control and Data Acquisition (SCADA) System provides a critical function for the City’s drinking water system through real-time monitoring and control of water system conditions as required by regulations, assuring the system operates per facility set points such as reservoir levels and pump operations, alerting water operators to off- spec and alarm conditions, notification of security breaches, graphing and analyzing system data, and providing a database for regulatory reports. Without a SCADA system, it would take three shifts of an increased number of operators to ensure the water system provided safe water and met all regulations. Recent upgrades to the SCADA system replaced Autocon brand remote telemetry units with Allen Bradley brand programmable logic controllers (PLCs) and on-site PanelViews for local operator control. Information is now relayed by a combination of radios (both licensed frequency and cellular) and fiber optic. At the master, the data is fed to servers and a human- machine interface (HMI) using Allen Bradley’s RS View Factory Talk. Alarms are monitored and communicated to water operators through their cell phones via the WIN911 program. Technological changes continue to take place at a fast pace in the SCADA field that increase the speed, flexibility, functionality, and capacity of SCADA systems at reduced costs. To keep pace with this technology, Bremerton needs to continually upgrade and add to its SCADA system components. This need is identified in the Water Utility capital budget. SCADA operation and maintenance is identified in the Water Utility Water Resources Division expense budget. OBJECTIVE The goal of this project is for the water system to continue to upgrade the Bremerton Water Utility SCADA system by replacing outdated SCADA equipment with Allen Bradley PLCs/PanelViews and to convert the communications to more robust and less expensive fiber optic/radio/wireless. Standardization to a uniform SCADA system using ethernet communications protocol streamlines operations and maintenance, allows better management of lifecycle status, while improving security and data capabilities. For security, integrity, and consistency, programming and coordination with the SCADA server/HMI is only performed by a systems integrator selected by the City to have the best qualifications – this is currently L2 Systems. This work will be managed through a goods and Page 10 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 services agreement with L2. The water system standard for control hardware is Allen Bradley components. L2 shall provide all labor, materials, tools, equipment, and services required to complete the design, furnishing, wiring, connection, calibration, adjustment, testing and operation of all SCADA equipment, devices, and components as indicated by this scope of work. Installation will be performed by City staff as much as they are able. The following tasks outline elements necessary to perform water system SCADA upgrades: TASKS TASK 1 PROJECT PROCESS The project scope consists of upgrading specific components of Bremerton’s SCADA system. For each SCADA upgrade, the general process to be followed will be:  City determines upgrade to be conducted  System control strategy will be mutually discussed and documented  City will provide set points and draft desired screen changes  L2 provides submittals and drawings (See Task 6) for City review  City approves submittals and drawings  L2 purchases hardware, software, and radios  L2 fabricates SCADA system components  L2 performs factory demonstration test to ensure components function as required  L2 delivers components to Bremerton  City installs components or arranges to have installed  L2 performs and documents operational readiness test in the field  L2 integrates alarms into WIN911  L2 updates Factory Talk screens  L2 updates operation and maintenance manual  L2 provides documentation to accurately reflect the system as installed  City and L2 perform site acceptance test to ensure component operation in the field conducted separately or coordinated at same time as the Operational Readiness Test (ORT)  L2 provides documentation and any equipment manuals  City documents as-built system The SCADA system shall be designed and assembled by L2 to be an integrated system of components specifically designed for use with control, monitoring, and operation of pumps, meters, and other water system process equipment. All components shall be standard, listed products, new (unless furnished by the City) and free of defects. L2 shall revise, modify, adjust and reprogram the system as required to properly operate the water system. The SCADA system shall be supplied by L2 as an integral, complete system with all required components. L2 shall define all requirements for interfacing equipment, standard mounting equipment, and Page 11 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 accessories, and shall supply all such devices as part of the SCADA system. TASK 2 PROJECT MANAGEMENT L2 will provide project management and prepare specifications for equipment upgrade. This Contract involves upgrades to the SCADA for the Bremerton water system which must continue to provide potable water and meet State and Federal regulatory requirements. Connections and utility changes must be programmed to provide the least possible interference with operation of the water system. The work under this Contract shall be conducted in a manner which will minimize shutdowns. Planned water facility shutdowns shall be scheduled during periods of minimum use so that water system operations will be restored in the minimum possible time.L2 shall notify the City in writing or email at least forty-eight (48) hours in advance of any required water system shutdown and are subject to advance approval of the Water Resources Manager. L2 shall perform work in accordance with the following standards:  Obtain all necessary permits (note – City will obtain electrical permits for their installations)  Be performed by authorized and qualified personnel  Maintain a clean environment  Be performed in accordance with local, state, and federal codes, including WISHA confined space entry regulations and respiratory protection program. TASK 3 PROJECT SCHEDULE The City and L2 shall mutually agree on project scheduling and will verify scheduling expectations at progress meetings. The following information shall be shown for each site:  Date of initial submittal and City's review time  Ordering dates for long lead time items  Start work  Work substantially complete  Project meetings  Testing  Final completion With every progress payment request (invoice) a written progress report shall be submitted which shall include a summary of work performed during the previous period. Page 12 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 TASK 4 MEETINGS Progress meetings shall be held on a periodic basis in person or by phone in accordance with an agreed-upon schedule. All matters bearing on the progress and performance of the work since the preceding progress meeting shall be discussed and resolved, including any previously unresolved matters, deficiencies in the work or the methods being employed and problems or delays which may be encountered, and ways to continuously improve project quality and progress. Prior to starting each task, the City and L2 will discuss and agree upon a control strategy. In general, the matters to be discussed or resolved and the instructions and information to be furnished to or given by L2 at the preconstruction conference include but are not limited to:  Personnel assignments and contact numbers  Progress schedule submitted by L2  Communication procedures between the parties, including emergency and after-hours  The names and titles of all persons authorized by L2 to represent and execute documents. The names, addresses, and telephone numbers of all those authorized by L2 to act for L2 in emergencies  Forms and procedures for L2’s submittals  Change procedures  Payment procedures  Other administrative and general matters as needed TASK 5 STANDARDS AND CODES Electrical work shall be executed in strict accordance with the latest edition of the National Electrical Code as adopted by the Washington State Department of Labor and Industries, local ordinances and regulations, and the Bremerton Electrical Standard. All electrical equipment, materials, construction methods, tests and definitions shall be in strict conformity with the established standards of the following in their latest adopted revision:  Underwriters' Laboratories, Inc. (UL)  National Electrical Manufacturers Association (NEMA)  Canadian Standards Association (CSA)  Electrical Testing Laboratories (ETL)  Factory Mutual (F.M.)  American National Standards Institute (ANSI) Page 13 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021  Institute of Electrical and Electronic Engineers (IEEE)  Instrument Society of America (ISA)  Washington State Rules and Regulations All materials and equipment specified herein shall be listed by a nationally recognized testing laboratory for the purpose for which they are used and shall bear the appropriate testing laboratory label. All electrical equipment and materials, and the design, construction, installation, and application thereof shall comply with all applicable provisions of the National Electrical Code (NEC), the WISHA, and any applicable Federal, State, and local ordinances, rules and regulations. TASK 6 SUBMITTAL REQUIREMENTS All submittals shall be made to the City with a letter of transmittal. Submit a copy of each submittal to the City, electronically as a PDF file. One (1) reviewed copy of submission will be returned to L2. For project L2 shall submit to the City for approval the following:  Materials and Parts List  Schedule  Enclosure Layout (shall include a wire color code legend, fuse list, and engraved label list)  Wiring Diagram  Communications Layout  Detail drawings (as needed)  Screen changes (as needed)  Control logic This documentation format shall be submitted prior to submitting any drawings and will be used as the basis for the remainder of the project. The City shall provide to L2 for each site:  Tagname  IP addressing  PLC status inputs  PLC analog inputs and scaling  PLC outputs  Totalizer scaling  Front panel indications required  Preliminary screen layout Page 14 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021  Other information as required per each site  Communications type to be used (Licensed UHF radio, fiber optic, private wireless network)  Type of network switch to be used The City will review L2's submissions and return to L2 within 10 working days marked as follows: A. No Exceptions Taken. Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. B. Note Markings. (No Resubmissions Required). Same as A, except that minor corrections as noted shall be made by L2. C. Rejected - Resubmit. Submitted material does not conform to plans and Specifications in significant respect (i.e., wrong size, model, capacity, or material). D. Comments Attached. Submitted material is either incomplete, or a favorable review is not required. Items A and B above (no resubmittal required) are considered "favorable review". Items C and D above (correction and resubmittal required) are considered "unfavorable review." Favorable review does not constitute acceptance of any responsibility for the accuracy, coordination, and completeness or the items of equipment represented. Accuracy, coordination, and completeness shall be the sole responsibility of L2, including responsibility to back check review comments, corrections, and modifications before fabrication. Acceptance shall be considered to mean merely that the City has no objection to L2 using, upon their own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. TASK 7 TESTING Factory Demonstration Test L2 shall test the RTU prior to delivery to the City to ensure that the control panel is ready to have power applied to it and to document the functions associated with the panel. All loop panel meters shall be scaled and calibrated prior to delivery. The following shall be tested and inspected:  All inputs  All outputs Page 15 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021  Scaling of loops  Proper wiring per submitted drawings  Legends and documentation  Control (PLC) Program  PanelView Program (if installed) L2 shall be solely and completely responsible for the design, assembly and programming of the entire RTU control system. The system shall be designed to provide control capabilities and to provide trouble-free operation with minimum maintenance. Witnessing of these tests by City personnel is at the option of the City. L2 will give the City 48 hours’ notice of these tests. Written documentation will be forwarded to the City. L2 shall deliver the PLCs to the City of Bremerton Water Resources Division. One set of drawings shall be provided. One spare fuse shall be provided for each size installed. City installs RTUs, or arrange for the RTU to be installed. Operational Readiness and Site Acceptance Tests Once the RTU are installed, L2 will perform the operational readiness testing. Any deficiencies shall be corrected by L2 prior to site acceptance testing. All components of the control system shall be calibrated by L2 after completion of installation. Each component shall be adjusted to be within the manufacturer's required range and for the specific application. Components that cannot be properly calibrated or that are found to exceed the manufacture's specified range or accuracy shall be removed and replaced. Both L2 and City personnel will be present for the site acceptance test which will be performed in the field once installation is completed. WIN911 Test L2 shall test WIN911 for acceptance of alarms and proper notification by pager and telephone. TASK 8 INSTALLATION Radio System Installation L2 will be responsible for the programming of radios according to the radio path study provided by the City. The City will install the mast, antenna and coax. Cellular Wireless Installation Where cellular wireless is being used, the City shall be responsible for ordering and having installed the required equipment for each PLC. Fiber Optic Communications Page 16 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 Where fiber optic communications is to be used, the City will have the fiber terminated in a patch panel, with an empty conduit from the patch panel to the RTU. L2 will provide the fiber optic patch duplex patch cord from the RTU network switch to the patch panel. If the City fiber optic network is not functional at the desired time of RTU startup, there will be no penalty for L2. PLC Installation The City will install all PLCs and telemetry panels. L2 will provide a technician to assist in startup. Reasonable efforts will be made to accomplish multiple startups at the same time. Nameplates are to be black face, white core, 3/16” high engraving, and plastic laminate with beveled edges. TASK 9 START-UP The control system shall be placed into operation by L2. L2 shall revise, modify, adjust and reprogram the system as required during and following start-up to provide the operation required. L2 shall anticipate that the City may delay acceptance of work under the contract if, in the judgment of the City, malfunctions or failures in operation of the control system repeatedly occur after start-up. L2 shall not be entitled to an extension of time or to any claim for damages because of hindrances, delays or complications caused by or resulting from delay by the City in accepting the work because of malfunctions or failures in operation of the SCADA. The City will note changes to the drawings as appropriate to reflect actual field conditions. L2 will revise these drawings at the end of each group of installations and will forward final copies to the City. TASK 10 GUARANTEE L2 shall guarantee work and all components for a period of 1 year from date of acceptance of the installation for each site. Acceptance is determined as 30 consecutive days of satisfactory operation. Any defects in workmanship and repair or replacement of any faulty equipment which shall occur within the guarantee period shall be remedied without additional cost to the City. When defects are corrected, the guarantee for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. L2 shall make any and all repairs, replacements, modifications and adjustments required to eliminate any and all defects in design, materials and workmanship which are disclosed within the one year guarantee period. L2 shall begin all repairs, replacements, modifications and adjustments within twenty four (24) hours of notification by telephone by the City and shall Page 17 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 complete such repairs, replacements, modifications and adjustments within forty eight (48) hours of notification. Should L2 fail to begin the work within 24 hours or complete the work within 48 hours, the City may proceed to complete the work. Any overtime accrued by the City after 48 hours will be reimbursed by L2. In such event, L2 and its surety shall be liable for all costs incurred by the City. TASK 11 OPERATION AND MAINTENANCE MANUALS L2 shall prepare operation and maintenance manual materials to be submitted to the City prior acceptance of the task. Redundant information will be minimized. Provide PDF copies for all equipment provided, with the following, if available:  Brochures  Instruction manuals  Installation manuals Each PDF shall have a descriptive name, such as VIPR Radio Programming Manual, and the date the document was issued by the manufacturer. A PDF only has to be provided once for each type of equipment Provide drawings formatted for printing at 11” x 17”, in a PDF format. TASK 12 RECORD KEEPING Vendor shall promptly furnish the City with such information related in the service as may be requested by the City. Until the expiration of 72 months after final payment of the compensation payable under this Agreement, vendor shall provide City access to (and City shall have the right to examine, audit, and copy) all of vendor’s books, documents, papers and records which are related to the services or this Agreement. TASK 13 CONFIDENTIAL INFORMATION Vendor shall not, without the prior written consent of the City, disclose to third parties any information received in connection with the service unless:  Information is known to vendor before receiving the same directly or indirectly in connection with the services;  Information is in the public domain at the time of disclosure by vendor; or  Information is received by vendor from third party who does not have an obligation to keep the same confidential. Page 18 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 TASK 12 OTHER TECHNICAL ASSISTANCE Other work that may be requested from L2 includes:  Equipment selection assistance  Training  Software programming  Report and data management assistance  SCADA screen development  Component Installation  Calibration services  Troubleshooting  Programming of RTUs, MTUs, and PLCs  Integration of system components into the SCADA system  Process control design  Remote modem access for quick diagnosis and customer support  Field service  Emergency response  Other similar work Page 19 of 19 Bremerton/L2 Systems, LLC Water System SCADA G&S 2021 EXHIBIT B WATER SYSTEM SCADA LIFECYCLE UPGRADE SCHEDULE January 2021 Schedule for this contract will be from the date all signatures are received to December 31, 2023. EXHIBIT C WATER SYSTEM SCADA LIFECYCLE UPGRADE LABOR RATES AND BILLING FEES January 2021 Work products will be considered on a time and materials basis and will be completed at the following values: 1) Project management: $155.00 2) Panel Configuration – System Engineering: $145.00 3) Programming: $135.00 4) Drafting: $95.00 5) O&M’s: $85.00 6) Shop – Fabrication: $95.00 7) Field Service Scheduled: $125.00 8) Emergency Service Available 24-7-365: $180.00 Once a scope item is decided between the City and L2, L2 will invoice the city for 2/3 of the cost. Once the ORT has been completed, the city will be invoiced for the remaining 1/3. 10/28/2020 Humble & Davenport Insurance Brokers Inc. 3500 Maple Valley Hwy Renton WA 98058 Kathy Kane (425) 226-8221 (425) 255-9342 kathy.k@humbledavenport.com L2 Systems LLC 3925 88th St NE, Ste F Marysville WA 98270 Western National Mutual Ins Co 24465 GLAUELUMPL A Y CPP 1032664 11/15/2020 11/15/2021 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A CPP 1032260 11/15/2020 11/15/2021 1,000,000 A 10,000 UMB 1005317 11/15/2020 11/15/2021 1,000,000 1,000,000 A CPP 1032664 11/15/2020 11/15/2021 WA STOP GAP 1,000,000 1,000,000 1,000,000 A PROFESSIONAL LIABILITY CPP 1032664 11/15/2020 11/15/2021 LIMIT 1,000,000 The certificate holder is named as additional insured with respects to the operations of the named insured. Coverage is primary and non-contributory per form WNGL49. Waiver of subrogation applies per form WNGL39. Completed operations apply per form WNGL84. City of Bremerton, Attn: Risk Management 345 6th Street Suite 600 Bremerton WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY SCADA Lifecycle Improvements Cami Apfelbeck, Water Utility Manager December 15, 2020 Basis for project: The City of Bremerton Water Utility Supervisory Control and Data Acquisition System (SCADA) provides critical functions for the City’s drinking water system through monitoring of water system conditions as required by regulations, assuring operations per facility set points, alerting water operators to alarm conditions, dispatching staff, and providing a database for analysis and report preparation (Figure 1). The system requires periodic upgrades, routine maintenance, and replacements when facilities are upgraded or new facilities are constructed. Figure 1 Project Description: This project will: • Replace older servers, server computers and field components • Build electrical panels and provide configured programmable logic controllers • Upgrade electrical service • Upgrade communications • Provide other operational needs such as software programming, screen development, and on-call troubleshooting Project location: Utility-wide. Bid Solicitation: IAW BMC 2.76.090 L2 Systems, LLC was designated the sole source integrator for the Water Utility SCADA in 2018. Amount: Total project cost is $225,000 over 3 years (2021 – 2023). Fund: The funds are identified in the Water Utility Capital budget for equipment and services (594.34324). Project deadline: Goods and Services Agreement will expire on December 31, 2023. 4,000. Stocking spare parts for more than one manufacturer would be an additional expense for both labor and equipment. •Software -Programming software is expensive, for example PLC programming software can be in excess of $2,000 per user. Control equipment from other companies would require additional software and programming time. •Training - There is considerable time and expense for factory training on the SCADA system. Control systems from other companies would require additional training. •Lifecycle Management -As Allen Bradley products age, customers are provided options to help extend the component's life as long as possible, and with enough advance notification to allow transition to the next generation of equipment. Standardizing all of Bremerton's SCADA components to the Rockwell Automation/Allen Bradley brand will simplify parts inventory, repairs, integration, asset management, and future upgrades. Reasons for standardizing radio components: The SCADA system uses two types of Radios •ClaAmp ViPR -this UHF radio uses licensed frequencies from the FCC. Other makes of radios are not compatible due to the radios' encryption of data. •Digi Transport WR31 -this is a 4G cellular L TE radio, other makes of 4G cellular L TE radios may not be compatible, and the Digi remote management software only works with like components. Reasons to standardize SCADA integration to services performed by L2 Systems in Everett, Washington: Maintaining a services contract with a single best-qualified systems integrator is critical to ensuring consistency, reliability, and security for the Water SCADA system and its programming. To achieve this, programming the SCADA server should be centralized, limited to a very few technicians, and consistently documented. L2 Systems has worked for the City of Bremerton for over 10 years and has provided consistently high level of service. Prior to forming L2 Systems, the company's principal worked for our previous sole source integrator when the SCADA system was primarily Autocon, a proprietary system. L2 has intimate knowledge of Bremerton's SCADA system and has been involved in all aspects of its development. This knowledge allows L2 to be timely and responsive at all hours when SCADA issues need immediate attention. L2 Systems is allowed a secure "remote access" to the SCADA system via the City network which saves considerable time and travel charges when trouble-shooting/programming can be done remotely. The City's IS Division has strict policies on access to the City network since each outside computer access presents a potential security risk. Limiting access to a single integrator reduces this risk. Standardization of SCADA components, software, and integration services increases the security of the water system, employee efficiency, and water system reliability while also reducing the time and costs associated with SCADA maintenance and programming. RECOMMENDED:---------------Cami Apfelbeck, Water Utility Manager Thomas Knuckey Digitally signed byThomasKnuckey APPROVAL: Date: 2020.1 2.29 11 :OS;OB -08'00' Tom Knuckey, Public Works and Utilities Director DATE:-------- DATE:--------- Cami Apfelbeck Digitally signed by Cami Apfelbeck Date: 2020.12.29 13:49:06 -08'00' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5411 amending Title 18 of the Bremerton Municipal Code (BMC) entitled “City Fire Code”; and adopting 2018 changes to the International Fire Code Study Session Date: January 13, 2021 COUNCIL MEETING Date: January 20, 2021 Department: Fire Presenter: Mike Six, Fire Marshal Pat McGanney, Fire Chief Phone: (360) 473-5386 (360) 473-5381 SUMMARY: The proposed Ordinance amends the Bremerton Municipal Code to reflect the updates provided for in the 2018 International Fire Code, and makes other housekeeping amendments to reference the International Fire Code. ATTACHMENTS: Ordinance No. 5411 Updated FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5411 amending Title 18 of the Bremerton Municipal Code adopting the 2018 changes to the International Fire Code. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2L Updated Page 1 of 21 Chapter 18.02 BMC - City Fire Code ORDINANCE NO. 5411 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 18.02 of the Bremerton Municipal Code entitled “City Fire Code.” WHEREAS, the City Council desires to amend Chapter 18.02 of the Bremerton Municipal Code entitled “City Fire Code” in order to update provisions of the code to make corrections to code references and to make other related amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.02 of the Bremerton Municipal Code entitled "City Fire Code" is hereby amended to read as follows: 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of protection the life and property of our citizens from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes regulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or permanently, without the Fire Code Official’s written authorization. 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the International Fire Code, 2018 Edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 2018 Edition, Appendices B, C, D, H, and I, and as further amended in this chapter, is hereby adopted and incorporated by this reference. 18.02.025 AUTHORITY. The Fire Code Official is authorized to enforce the provisions of the Fire Code. "Fire Code Official" shall mean the City of Bremerton Fire Marshal or other City official designated by the City of Bremerton Fire Chief who shall be the formal administrator of the City Fire Code. 18.02.030 CODE CONFLICTS. Page 2 of 21 Chapter 18.02 BMC - City Fire Code To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General Authority and Responsibilities - Retained Authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The Fire Code Official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These conditions may include, by way of example and without limitation, increased setbacks, use of fire retardant materials, installation of standpipes, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, including temporary provisions and without limitation such as fire watch, fire department standby, blocking of roads and additional fire safety inspections. (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the Fire Code Official to administer and enforce the fire code, the Fire Code Official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.7 Fees. The Fire Code Official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of permits and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate and the Fire Code Official shall collect those fees as a condition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate application. (d) Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.3.6.1: Sec. 105.3.6.1 Unsafe Situations: Actions taken outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the Fire Code Official to immediately have all utilities including but not limited to: electricity, water, sewer and gas shut off or otherwise disconnected from the site. Utilities shall not be restored without the conditions of all required permit(s) resolved. (e) Board of Appeals. Section 109 of the International Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the following: Sec. 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the Fire Code Official relative to the suitability of alternate materials, designs, and Page 3 of 21 Chapter 18.02 BMC - City Fire Code methods of construction and appeals of the reasonable application of the Fire Code. Appeals shall be made as set forth in section 18.02.200 of the Bremerton Municipal Code. (f) Violation Penalties. Section 110 of the International Fire Code, entitled "Violations," is amended by substituting Subsection 110.4with the following: Sec. 110.4 Violation penalties. Any person, company or corporation who violates any provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure or building system in violation or inconsistent with (a) the approved construction documents, (b) a directive of the Fire Code Official, or (c) a permit or certificate issued under the provisions of this code, or operates without such permit, shall be subject to penalties as set forth in section 18.02.190 of the Bremerton Municipal Code or as otherwise provided by law. (g) General Definitions. Section 202 of the International Fire Code is amended to add the following general definitions: APWA is the American Public Works Association. AWWA is the American Water Works Association. FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds-per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire-resistive construction with no openings, which extends vertically from the foundation to terminate in a parapet not less than 30 inches above the roof, and which extends horizontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is furthest. As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. The following local amendments to Section 311 of the International Fire Code, entitled "Fire Protection," are adopted and incorporated into the International Fire Code: (a) Vacant Premises - Fire Protection Systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting Subsection 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprinkler, and standpipe systems shall be maintained in an operable condition at all times. Exception: If, in the opinion of the Fire Code Official, the premises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient Page 4 of 21 Chapter 18.02 BMC - City Fire Code fire separation distance so as to not create a fire hazard, (c) has been secured to prohibit entry by unauthorized persons, and (d) has buildings that will not be heated, potentially exposing fire protection systems to freezing temperatures, then the Fire Code Official may allow fire alarm and sprinkler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water supply). 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – CHAPTER 4, EMERGENCY PREPAREDNESS. The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Planning and Preparedness," are hereby adopted: Sec. 401.9 Hardwired Telephones. All occupancies with hardwired telephones, new and existing, when 911 is dialed shall correctly report the address of the actual location dialed from. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," are adopted and incorporated into the International Fire Code: (a) Fire Service Features - Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. (b) Fire Apparatus Access Roads - Where Required. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by adding the following new Subsection 503.1.4: Sec. 503.1.4 Residential access. For development of Group R-3 occupancies accessed from a fire apparatus access road that does not meet specifications set forth in Section 503 and Appendix D, and automatic fire sprinkler system is required in compliance with BMC 18.02.080(n). Exception: All residential development on lots that are existing or have received preliminary subdivision approval prior to December 1, 2013, unless otherwise required. (c) Fire Apparatus Access Roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. Unless otherwise approved by the Fire Code Official, the following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road shall have an unobstructed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). (d) Fire Apparatus Access Roads - Bridges and Elevated Surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.6 with the following: Page 5 of 21 Chapter 18.02 BMC - City Fire Code Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road or likely to be used during emergency operations, including EMS, the bridge or elevated surface shall be constructed and maintained in accordance with specifications established by the Fire Code Official and the City’s public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 35 or more ton fire apparatus, the total imposed load to be determined by the Fire Code Official. Vehicle load limits shall be posted at both entrances to bridges when required by the Fire Code Official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or approved signs, or both, shall be installed and maintained, if required by the Fire Code Official. (e) Fire Apparatus Access Roads - Marking. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.3 with the following: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways, as determined by the Fire Code Official. Subject to the Fire Code Official’s prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the Fire Code Official can utilize red marking paint and the term "fire lane." Once a fire lane is established it shall be maintained in a clean and legible condition at all times or repair/replaced to maintain visibility. Fire lanes shall be marked as directed by the Fire Code Official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane. 2. Rolled curbs shall be identified by red traffic paint with a 6 inch wide stripe on the curb, extending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red traffic paint with a 6 inch wide stripe on the pavement, extending the length of the designated fire lane. 4. The words "NO PARKING - FIRE LANE" shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches measured perpendicular from the red paint stripe on the pavement. In most cases, both sides of the access road shall be marked. Where long drives are to be marked, the repetitions shall alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: In addition to the requirements for Type 1 marking, Type 2 marking shall also include the addition of metal signs stating "NO PARKING - FIRE LANE" to be installed at intervals or locations designated by the Fire Code Official. The signs shall be approximately 12 inches in width and 18 inches in height and have red letters on a white background. Metal signs shall be installed on either 2 inch metal pipes, for private property, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a minimum of 7 feet above the curb. Where fire lanes are adjacent to buildings or structures and when approved or directed by the Fire Code Official, the signs may be placed on the face of the building or structure. Page 6 of 21 Chapter 18.02 BMC - City Fire Code 503.3.3 Type 3. The following shall apply to Type 3 marking: Where directed by the Fire Code Official, specific areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. 503.7 Street or Road Signs. Street or road signs shall be provided for all private and public roads. All private street and road signs shall be designed and installed to meet public road sign standards as set by the City of Bremerton Street Department; any expense shall be the responsibility of the property owner. New street and road signs shall be posted within 30 days after receiving approval from the City of Bremerton Engineering Department. 503.8 Alternate materials and methods. The Fire Code Official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the Fire Code Official setting forth a suggested alternative. (f) Access to Building Openings and Roofs - Required Access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting Subsection 504.1 with the following: Sec. 504.1 Required access. The following points of access must be provided: 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. 2. Each tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be provided to connect fire apparatus access roads to exterior openings. 4. All rescue windows shall be accessible by a 35-foot ground extension ladder placed so that the inclination of the ladder does not exceed 70 degrees. An area of discharge, 36 inches in all directions around the base of the ladder, shall be provided. Ladders and associated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to provide approved life safety rescue access, as defined in section 202 of the International Building Code or the International Residential Code as applicable. (g) Premises Identification. Section 505 of the International Fire Code, entitled "Premises Identification," is amended by adding the following new Subsection 505.1.1: 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 12" and contrast with the background. Individual unit/suite or space numbers or letter shall be 6" in size and contrasting with the background and visible from the approach side or angle. Housing developments which contain 100 or more dwelling units which alley ways are or may be used for access to dwelling units shall have 4" minimum house numbers including street designation included. The street designation may be a smaller size, but no less than 2" in size. Page 7 of 21 Chapter 18.02 BMC - City Fire Code Example: (h) Fire Protection Water Supplies - Where Required. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.1 with the following: Sec. 507.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.3.1.2, or other approved fire protection system, the distance requirement shall be 600 feet (183 m). (i) Fire Protection Water Supplies - Existing Nonconforming Hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.5.7 as follows: Sec. 507.5.7 Existing non-conforming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. (j) Fire Protection Water Supplies - Installation Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.8 with the following: Sec. 507.5.8 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the Fire Code Official and the Director of Public Works and Utilities, or his or her designee, or at a minimum, in accordance with the currently adopted NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the Fire Code Official, the following requirements shall apply to all building construction projects: 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City’s public works department. 2. The fire hydrant installation and its attendant water system connection shall conform to the City’s specifications and design and construction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the Fire Code Official. Distance from the pumper port to the street curb shall be no further than 10 feet. Page 8 of 21 Chapter 18.02 BMC - City Fire Code 6. The lead from the service main to the hydrant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. All hydrants installed in single family residential areas shall be supplied by not less than 6 inch mains and shall be capable of delivering 1,000 gpm fire flow over and above average maximum demands at the farthest point of the installation except with Fire Code Official approval and the home is installed with a fire sprinkler system in accordance with this code. 8. All hydrants shall have at least 5 inch minimum valve openings, "O" ring stem seal, two 2-1/2 inch national standard thread hose ports, one 4-1/2 inch steamer port with national standard threads or otherwise determined by the Fire Code Official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City’s public works department. In addition, all hydrants shall be equipped with a 5 inch Stortz adapter on the steamer port and, when required by the Fire Code Official, locking Stortz caps. 9. All pipe shall meet the City standards as determined by the public works department. Piping located entirely within private property and maintained by the property owner shall meet the requirements and be approved by the Fire Code Official. The Fire Code Official may approve any piping material that has been tested and approved by a nationally recognized testing laboratory. 10. The maximum distance between hydrants in single family use district zones shall be 600 feet. 11. The maximum distance between hydrants in commercial, industrial, and apartment (including duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predicated on hydrants being located at street intersections. 13. The appropriate water authority and the fire department shall be notified in writing of the anticipated date the hydrant installation and its attendant water connection system will be available for use. 14. All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the Fire Code Official. (k) Fire Protection Water Supplies - Notification. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.6 as follows: Sec. 507.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hydrants must provide the Fire Code Official with the following written service notifications: Sec. 507.6.1 In-service notification. The Fire Code Official shall be notified when any newly installed hydrant or main is placed into service. Sec. 507.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the Fire Code Official. (l) Fire Protection Water Supplies - Dead-End Mains Prohibited. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.7 as follows: Page 9 of 21 Chapter 18.02 BMC - City Fire Code Sec. 507.7 Dead-end mains prohibited. When appropriate, all water mains in any project shall be looped. (m) Fire Protection Water Supplies - Building Permit Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.8 as follows: Sec. 507.8 Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No combustible construction beyond the foundation shall be permitted until all hydrants and mains required by this section are in place and approved. (n) Fire Department Access to Equipment - Identification. Section 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509.1 with the following: Sec. 509.1 Identification. The following identification requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent parking and/or other obstructions. 2. Entrances to rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the Fire Code Official. The sign shall specify the type of water-based fire protection system it serves and the building areas served. 5. All main control valves and sectional valves for water-based fire protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers shall have signs to indicate which type of water-based fire protection system is being used. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code: (a) Fire Protection Systems - Scope. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.1 with the following: Sec. 901.1 Scope. The provisions of this chapter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted building codes, including state and local amendments, or other City ordinances, resolutions, or regulations. In the event of any conflict in requirements among these codes, ordinances, resolutions, or regulations, the more stringent provision shall apply. (b) Fire Protection Systems - Alterations, Repairs, and Additions. Section 901 of the International Fire Code, entitled "General," is amended by adding a new Subsection 901.4.2.1 as follows: Page 10 of 21 Chapter 18.02 BMC - City Fire Code 901.4.2.1 Fire Alarm Systems no longer required by the Fire Code or any other applicable code or that were not installed as an alternative method to other code provisions may, after the written approval of the Fire Code Official, may be discontinued and removed. The removal of the system shall be pursuant to the regulations of Washington State Department of Labor and Industries Electrical Division as applicable, but as a minimum shall require the removal of visible wiring, fire alarm panels and other related visible devices. The Fire Alarm System may be maintained as a local system rather than be removed. Fire alarm systems that remain in service, either monitored or local, shall be inspected, maintained and tested per the International Fire Code, NFPA 72 and this code. (c) Fire Protection Systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.2 with the following: Sec. 901. 6.3.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the Fire Code Official, by an approved electronic method of delivery, within ten (10) business days of the date the inspection, test, or maintenance occurred. All fire protection systems taken off line or out of service, and subsequently returned to service shall be reported to the Fire Code Official’s office by an approved method of delivery. A copy of all system inspections shall be maintained in a three-ring binder or other folder type cover and located at the fire alarm main panel or other approved location. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code: (a) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed throughout buildings and structures as follows: 1. In all new buildings and structures without adequate fire flow as required by this code. Exception: Group U Occupancies and remodels and replacements to existing Group R-3 residential structures as defined in the International Residential Code regardless of the requirements of Chapter 5 of the International Fire Code. 2. All new buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by the International Fire Code. Exception: Spaces or areas in communications buildings used exclusively for communications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire- resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non-sprinkled building, then automatic sprinkler Page 11 of 21 Chapter 18.02 BMC - City Fire Code protections will be required throughout the entire building unless otherwise authorized by the Fire Code Official. 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. (b) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in 903.2.1.5. (c) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi-theater complex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.4 with the following: Page 12 of 21 Chapter 18.02 BMC - City Fire Code Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (g) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.3, Group E, with the following: Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all buildings with a group E fire area. (h) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.4, Group F-1, with the following: Sec. 903.2.4 Group F-1: An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group M. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group M fire area is located more than three stories above grade. (j) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by amending Subsection 903.2.8 and by adding Subsections 903.2.8.3 and 903.2.8.4 as follows: Sec. 903.2.8.3 Existing Group R-1 and R-2 buildings shall install a full fire sprinkler system when any one of the following occurs: 1. A fire occurs which migrates from the unit of origin to involve a neighboring unit. 2. Two or more separate fires occur, which require a fire department response, in the same complex within a two year span. Sec. 903.2.8.4 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least one sprinkler head no more than 4 feet out from the front of the stove top. (k) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.9 with the following: Page 13 of 21 Chapter 18.02 BMC - City Fire Code Sec. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (l) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.1.1 with the following: Sec. 903.3.1.1.1 Exempt locations. When approved by the Fire Code Official automatic sprinklers may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction, or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the Fire Code Official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. (m) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3. with the following: Sec. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units. (n) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.3 with the following: Sec. 903.3.1.3 NFPA 13D Sprinkler Systems. The design of NFPA 13D fire sprinkler systems shall comply with the flow-through options listed in NFPA 13D. It is generally understood the flow-through systems be interconnected with the domestic plumbing system, sized accordingly, to provide adequate turnover of potable water as well as the minimum required density required by that of NFPA 13D. Sec. 903.3.1.3.1 Design. In addition to the general design/coverage of the NFPA 13D fire sprinkler system a single sidewall, or other approved design, shall be installed above the man door between the habitable space and the attached garage. When the garage also contains a fuel fired appliance, the sidewall head, if within the listed spacing, will be adequate coverage for that appliance. All habitable spaces and other spaces with the potential to be occupied are to be covered. Page 14 of 21 Chapter 18.02 BMC - City Fire Code (o) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection locations. All fire department connection locations (F.D.C.’s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the finished edge of an approved fire apparatus access road. F.D.C.’s shall not be located more than 50 feet from a fire hydrant. F.D.C.’s and F.D.C.’s serving sprinkler systems shall not be located on the wall of a building, unless approved by the Fire Code Official. F.D.C.’s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception: F.D.C.’s that are not able to be located away from a wall due to physical restrictions may be located in an area approved by the Fire Code Official. F.D.C.’s shall be installed/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road. F.D.C.’s shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.’s shall be provided with tight fitting threaded caps or Knox type lockable caps. (p) Automatic Sprinkler Systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor gong or approved electric bell which operates with water flow and shall be provided on the exterior of the building in an approved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 903.4.2.1 Alarms - Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. When a structure exceeds one floor, a flow switch shall be provided for each floor. A flow alarm shall be identified by floor. Exception: NFPA 13D sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. (q) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.3 with the following: Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings/structures four (4) or more stories in height or 30 feet above grade plane as defined in Chapter 2 of the International Fire Code. Page 15 of 21 Chapter 18.02 BMC - City Fire Code 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire Department submittal checklist. 15. A copy of the device/zone map. 16. All fire alarm system drawings shall be submitted on no less than 36"x24" sized drawings and to an approved scale with a digital copy of the design in PDF format. (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following Subsection 907.1.3.1 as follows: Sec. 907.1.3.1 All fire alarm systems shall be addressable. A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic annunciators shall be utilized in all high-rises and schools. Shielded fire alarm cable shall be utilized as required by the Fire Code Official. (c) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the following: Sec. 907.2 Where required - new buildings and structures. All new and remodeled occupancies where the fire area exceeds 10,000 square feet, an approved and automatic fire alarm system shall be provided. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the Fire Code Official. A prescriptive design will be: 1. Automatic smoke detection in common areas, corridors and/or means of egress areas. 2. Automatic heat detection throughout unless covered by a fire sprinkler system or smoke detection. (d) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.2.13.1.2: Sec. 907.2.13.1.2 Duct smoke detectors. 3. Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. Page 16 of 21 Chapter 18.02 BMC - City Fire Code (e) Fire Alarm and Detection Systems - Retroactive R-2 Visible Notification. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.5.2.3.5 as follows: Sec. 907.5.2.3.5 Retroactive R-2 visible notification. At the request of the tenant, the building owner shall replace an existing audible device to an audible/visible device to assist hearing impaired tenants. Building owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (f) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.6.5 with the following: Sec. 907.6. 6 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (g) Fire Alarm and Detection Systems - Testing Prerequisites. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907. 8.6: Sec. 907.8.6 Testing Prerequisites. Upon completion of the installation or alteration, a satisfactory test of the entire system and its functions shall be made in the presence of the Fire Code Official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire department certifying that the system has been installed and pre-tested in accordance with the approved plans and specifications. (h) Fire Alarm and Detection Systems - Location/Security. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907. 11: Sec. 907. 11. Location/Security. The control unit, remote annunciator, alarm panel, and access keys to locked fire alarm equipment shall be installed and maintained in a location approved by the Fire Code Official. All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote annunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the Fire Code Official. (i) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 907.12, 907.13, 907.14, 907.15, 907.16: Sec. 907.12. Instructions. Written operating instructions for the fire alarm system shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of Fire Code Official. All alarm systems shall be capable of being silenced without having to be reset. Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire department reset code that is approved by the Fire Code Official. Page 17 of 21 Chapter 18.02 BMC - City Fire Code Sec. 907.13. Designer Qualifications. Persons who design fire alarm systems shall be either a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and training required by NICET. The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009. Sec. 907.14. Installation Requirements. During the course of a fire alarm installation, including all subsequent modifications and annual testing, a NICET level II technician in fire alarms shall personally conduct all programming and testing. Sec. 907.15. Existing Fire Alarm Systems. All existing fire alarm systems are subject to the provisions of 907.14. Sec. 907.16. Violations. Violations of section 907.14 and 907.15 constitutes a mandatory $1000 violation per occurrence. Each day constitutes a separate and distinct violation. Any three violations of this provision immediately revokes the affected fire alarm company’s City of Bremerton business license and prohibits re-application for a period of not less than three years. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – SECTION 913, FIRE PUMPS. The following local amendment to Section 913 of the International Fire Code, entitled "Fire Pumps," is adopted and incorporated into the International Fire Code: (a) Fire Pumps. Section 913 of the International Fire Code is amended by adding a new Subsection 913.2.3: Sec. 913.2.3 Fire pumps utilizing electric drivers shall provide a back-up power supply. Exception: In F and S occupancies when the normal occupant load does not exceed 15, the occupancy would normally be vacated during power outages and with the Fire Code Official’s approval. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – CHAPTER 23, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 23 of the International Fire Code, entitled "Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Sec. 2305.3.1. Required Spill Control Equipment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and/or other spill control equipment as approved by the Fire Code Official. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 33 of the International Fire Code, entitled "Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Page 18 of 21 Chapter 18.02 BMC - City Fire Code (a) Water Supply for Fire Protection - When Required. Section 3312 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 3312.1 with the following: Sec. 3312.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Minimum Specifications - Turning Radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.3 with the following: Sec. D103.3 Turning radius. The fire apparatus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (b) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Code, entitled "Fire Apparatus Access Road Gates," is amended by substituting Subsection D103.5.1 with the following: Sec. D103.5.1 The minimum gate width shall be 14 feet. 18.02.140 FIRE CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in Chapter 3.01 BMC, Fire Department - Rate Table E, as currently enacted or as hereafter amended. 18.02.150 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a false alarm shall be deemed and construed as being: the activation of any fire protection system due to some form of maintenance or lack of maintenance element. (b) It shall be unlawful for any person to give, signal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner, any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure or activate any fire protection system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined per Chapter 3.01 BMC, Fire Department - Rate Table E. (f) Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. Page 19 of 21 Chapter 18.02 BMC - City Fire Code (2) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (3) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representative, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (4) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action necessary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer’s Office and shall be deposited in the General Fund. 18.02.160 RESERVED. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO (2) OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected to the domestic service within said unit utilizing an integrated fire/plumbing flow-through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to the installation of a fire sprinkler system with a service size up to and including one (1) inch. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the residential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying for an adequate supply of water to the residential dwelling unit. 18.02.180 SPECIFIC VIOLATIONS - FINES. Any violation of any provision of the City Fire Code identified in this section may be assessed a monetary fine for each incident or occurrence as follows: (a) Illegal burning: two hundred fifty dollars ($250.00); (b) NICET violations: one thousand dollars ($1,000); (c) False fire alarms: two hundred dollars ($200.00); (d) Fire Code violations with the knowledge of a responsible party: one hundred twenty-five dollars ($125.00); (e) Repeat Fire Code violations for failure to correct or comply with the City Fire Code: one hundred twenty-five dollars ($125.00). Page 20 of 21 Chapter 18.02 BMC - City Fire Code Nothing in this section prohibits the City from seeking other remedies as allowed by ordinance, including, but not limited to, those set forth in BMC 18.02.190. The Fire Code Official may, at his or her discretion, reduce the amount of the assessed fine due to mitigating circumstances. 18.02.190 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). 18.02.200 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the reasonable application of the fire codes cited in this chapter. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of property to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that person; b. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. SECTION 2. Amendments – Effective Date. The amendments as set forth in Section 1 above shall be effective February 1, 2021, unless otherwise extended or established by the State of Washington. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. Page 21 of 21 Chapter 18.02 BMC - City Fire Code SECTION 4. 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 5. 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___________ day of ____________________, 2021. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 2021. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the ________ day of ______________________, 2021. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Fire\Updated Fire Code Ordinance 2021.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Public Hearing on Ordinance No. 5412 vacating a portion of alley east of Pitt Ave and south of East 11th Street COUNCIL MEETING Date: January 20, 2021 Department: PW&U Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The adjacent property owner has petitioned the City to vacate a portion of the 12’ alley adjacent to the old Manette TV building to allow for building improvements. The proposed vacation area fronts two properties; 2105 E. 11th Street (applicant) and 2109 E. 11th Street; both property owners have signed the petition to vacate which complies with BMC 11.20.070 which states “if the petition is signed by two-thirds of the property on a front footage basis…the council, shall by resolution, fix a time when the petition will be heard. No city or franchise utilities are in the subject area. ATTACHMENTS: 1. Ordinance No. 5412; 2. Engineering Staff Report; 3. Exhibit A - Legal Description; 4. Exhibit B – Vicinity Map; 5. Exhibit C – Survey Map; 6. Exhibit D - Petition for Right of Way Vacation; 7. Street View Picture 8. Power Point Presentation Added FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5412 to vacate a portion of alley east of Pitt Ave and south of East 11th Street. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 3A Updated Page 1 of 2 Vacation of a portion of alley east of Pitt Avenue and south of East 11th Street ORDINANCE NO. 5412 AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of alley east of Pitt Avenue and south of East 11th Street. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3335 setting a hearing date to consider the vacation, to take public comment or consider written objections to the vacation; and WHEREAS, a public hearing was held by City Council with proper notice on January 20th, 2021, to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of Right-of-Way. A portion of alley east of Pitt Avenue and south of East 11th Street, legally described in Exhibit A and shown on the site plan set forth in Exhibit C, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 5. 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. Page 2 of 2 Vacation of a portion of alley east of Pitt Avenue and south of East 11th Street SECTION 6. 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___________ day of ____________________, 2021. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 2021. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the ________ day of ______________________, 2021. ORDINANCE NO. ________. E. 11th St and Pitt Ave Manette TV Page 1 of 3 (Attachment 2) ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: Study Session 12/09/20, Council 12/16/20 Resolution ****; Public Hearing **** PREPARED BY: JK SUMMARY A. Applicant: TV Manette LLC 2105 E. 11th Street Bremerton, WA 98310 Location: E. 11th Street and Pitt Avenue BACKGROUND The adjacent property owner has petitio ned the City to vacate the North 72 feet of the 12’ alley adjacent to the old Manette TV building for building improvements. Due to building setback requirements from the Right of Way these renovations are currently not feasible. The portion fronts 2 properties; 2105 (applicant) and 2109 E. 11th Street. All property owners have signed the petition to vacate which complies with BMC 1 1.20.070 which states “if the petition is signed by two-thirds of the property on a front footage basis…the council, shall by resolution, fix a time when the petition will be heard. No city or franchise utilities are in the subject area. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 12’ N/A • R-O-W Areas N/A N/A • Pavement Width N/A N/A • Surface Type Gravel N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: E. 11th St and Pitt Ave Manette TV Page 2 of 3 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: The portion of alley being vacated is unused by the City. The alley vacation will better serve the community by allowing the adjacent businesses to renovate their existing structures. 2. Whether the vacation is consistent with the City Comprehensive Plan. 3. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 4. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: The proposed area is an undeveloped alley being used only by the adjacent businesses 5. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 6. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 7. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: Adjacent property owners to the proposed Vacation have all signed the peti tion to vacate. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES The City has no utilities in the proposed area to be vacated. Franchised utilities do not have infrastructure in the proposed vacation area. E. 11th St and Pitt Ave Manette TV Page 3 of 3 SUFFICIENCY OF SIGNATURES The petition exceeds the 2/3 front footage requirement. COMPENSATION No compensation owing as this is Class III Right of Way. STAFF RECOMMENDATION Staff recommends Approval to vacate the proposed north 72 feet of the 12 foot alley. AREA TO BE VACATED EXHIBIT C Attachment 7 •In 2018, City permitted Hound and Bottle to install a deck in the alleyway to accommodate outdoor seating. •The deck is approximately 6 feet from edge of building face, making it within the portion of alley that would be relinquished to that property owner. 6 Feet AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Professional Services Agreement with Kitsap Community Resources (KCR) for the City of Bremerton 2021 Weatherization and Minor Home Repair Program COUNCIL MEETING Date: January 20, 2021 Department: DCD-CDBG Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: In the passing of the 2021 Budget the City Council Authorized a $100,000 expenditure from the Affordable Housing Capital Fund to Kitsap Community Resources for the Weatherization and Minor Home Repair Program. This program will begin January 1, 2021 and is anticipated to serve approximately 10 to 15 households. ATTACHMENTS: 1) Professional Services Agreement including Exhibit A; and 2) Powerpoint Presentation Added FISCAL IMPACTS (Include Budgeted Amount): $100,000 from the Affordable Housing Fund for Citywide Weatherization and Minor Home Repair STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement and Scope of Work for Citywide Weatherization and Minor Home Repair with Kitsap Community Resources in the amount of $100,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4A Updated Page 1 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT City of Bremerton Weatherization and Minor Home Repair Program The City of Bremerton (“City”) and Kitsap Community Resources (“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, dated _____________, 20__, 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 effe ct 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 IX.A 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 $100,000. 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. Page 2 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 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 FOR THE Page 3 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 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-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 $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 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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. Page 4 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Page 5 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 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. 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Sarah Achaoui Attn: Irmgard Davis City of Bremerton 845 8th Street 345 6th Street, Suite 100 Bremerton WA 98312 Bremerton, WA 98337-1891 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. Page 6 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 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. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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. Page 7 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 A. Excusable Delays: 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. XI. 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: Page 8 of 8 Bremerton/Kitsap Community Resources Weatherization and Minor Home Repair Rev. 06/2020 By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx 2021 Professional Services Agreement – [Kitsap Community Resources/Weatherization and Minor Home Repair] A. Project Description Weatherization and minor home repair services for 10 to 15 homes (both owner occupied and rental units) within the City of Bremerton. B. Project Scope / Tasks: 1 Weatherization and or Minor home repair of 10 to 15 homes in the City of Bremerton. 2 Ensure clients income qualify between under 60% Bremerton-Silverdale MSA and fill out CPD income calculator. 3 Obtain all necessary permits from City and L&I. 4 Ensure workers and homeowners are safe during weatherization/minor home repair work process. 5 Work with local general contractors on approved KCR vendor list. 6 Educate clients on conservation education and screen homes for Health Plus Matchmaker program . 7 Follow general contractors through job progression to ensure quality assurance. 8 Perform comprehensive final inspection to ensure work meets specification and local codes . 9 Ensure landlords agree to rent freeze. 10 Track short and long term successes through the following measureable outcomes:  Track homeowners heating usage 12 months post on Weatherized units.  Short and long term Improvement of indoor air quality and health and safety. 11 Maintain required records and track relevant data to demonstrate program successes, including number of unduplicated clients served in the City. 12 Submit quarterly reports and billing vouchers in a timely manner 13 Submit photos (JPEG) of the program in action with your final quarterly report C. Project Milestone Schedule The time frame for completion of the outlined activities shall be: Milestone / Task Start Date End Date Weatherization or minor home repair of 10 to 15 units 1/1/2021 12/31/21 If any of these activities exceed the timelines by two months, a revised work schedule must be submitted to City. EXHIBIT A – SCOPE OF SERVICES Weatherization and Minor Home Repair •In 2019 match amount equals about 77 cents to the dollar leveraged of City money. Sources include: Puget Sound Energy, Cascade Natural Gas, Health and Human Services, Department of Energy, Washington State Matchmaker. In 2020 match amount equals about $1 for $1. •Amount of energy savings for each household which was served with city funding. Average savings per household in energy costs = 35% •Average amount spent per household. Average cost per unit in COB funds for 2019 was $5,610 in rehab, $2,726 in program ops. $755.00 in Admin. Average cost per unit in COB funds for 2020 was $5,473 in rehab, $2,818 in program ops. $800 in Admin. •2019: Served 11 households 8 elderly, 1 veteran all below 60% AMI. Completed a total of 11 projects for 2019. Removed asbestos in 1 home to be able to weatherize, replaced 5 leaking roofs, installed 2 energy efficient heat systems, installed 1 handicapped shower, and replaced 1 unsafe electrical panel. •2020: Served 11 households 5 elderly, 2 veterans all below 60% AMI. Installed heat systems for 6 homes, replaced leaking roofs, removed asbestos insulation in 1 home so they could weatherize the home and installed 1 handicapped shower. Match funds for the 11 projects totals $100,916. According to the U.S. Department of Energy: “In addition to helping households, Weatherization and Minor Home Repair programs help to revitalize communities by spurring economic growth and reducing environmental impact. Weatherization returns $2.78 in non -energy benefits for every $1.00 invested in the Program (National Evaluation). Non-energy benefits represent tremendous benefits for families whose homes receive weatherization services After Weatherization: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Professional Services Agreement with Bremerton Housing Authority (BHA) for the City of Bremerton 2021 Rental Assistance Program COUNCIL MEETING Date: January 20, 2021 Department: DCD-CDBG Presenter: Sarah Achaoui Phone: (360) 473-5375 SUMMARY: In the passing of the 2021 Budget the City Council Authorized a $100,000 expenditure from the State Shared Affordable Housing Sales Tax. Authorized by House Bill 1406, this allows the city to collect a sales tax to support rental assistance programs for households earning below 60% Area Median Income. ATTACHMENTS: 1) Professional Services Agreement including Exhibits A, B and C; and 2) Power Point Presentation Added FISCAL IMPACTS (Include Budgeted Amount): $100,000 from the General Fund for Rental Assistance for City of Bremerton Residents, with approximately $75,000 of the funds being covered by Affordable Housing Sales Tax. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement and Scope of Work for Citywide Rental Assistance Program with Bremerton Housing Authority in the amount of $100,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4B Updated Page 1 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 PROFESSIONAL SERVICES AGREEMENT City of Bremerton Rental Assistance Program The City of Bremerton (“City”) and Bremerton Housing Authority (“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, dated _____________, 20__, 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 effe ct 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 IX.A 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 $100,000. 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. Page 2 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 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 FOR THE Page 3 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 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-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 $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 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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. Page 4 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. 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. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Page 5 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 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. 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Sarah Achaoui Attn: Tim Schanne City of Bremerton Bremerton Housing Authority 345 6th Street, Suite 100 Bremerton WA 98337 Bremerton, WA 98337-1891 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. Page 6 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 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. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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. Page 7 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 A. Excusable Delays: 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 restrict ed 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. XI. 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk Page 8 of 8 Bremerton/Bremerton Housing Authority Emergency Rental Assistance Program Rev. 06/2020 R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx EXHIBIT A SCOPE OF WORK Consultant’s Responsibilities  Administer the Rental Assistance program to assist candidates to participate in the Rental Supplement Assistance Program, the Eviction Prevention Assistance Program or receive help from the Security Deposit Assistance Program.  Establish program requirements including but not limited to requirements for application, substantiation of need, limits of amount and duration of assistance.  Periodically evaluate the program requirements to ensure that the program is reaching the target population.  Process reimbursement requests ensuring that backup documentation complies with program requirements.  Submit monthly invoices to the City for expense reimbursements as defined in Exhibit B schedule.  Perform quarterly audits of records to ensure compliance with program requirements.  Expend all rental assistance funds no later than December 31, 2021  Report to City as requested. General Rental Assistance Program Restrictions  Assistance will be provided to applicants whose income 60% and below of Area Median Income (AMI) of Federal Department of Housing and Urban Development (HUD) income limits.  The rental assistance program is restricted to units located within the city limits of Bremerton, Washington.  No Bremerton Housing Authority tenant or Section 8 participant, or recipient of any other federal, state, or local rental assistance program, is eligible to receive assistance from this program. EXHIBIT A SCOPE OF WORK Specific Program Information and Restrictions Rental Supplement Assistance  This program provides limited rental assistance funds to assist recipients to stabilize their incomes during a specific period of time.  Duration of assistance depends on the nature of the issue (medical, school, legal, etc.) and will be determined by the HSC case manager. Duration will be no longer than 12 months.  Amount of assistance will be the difference between the contract rent and 30% of the applicant’s income. Applicant will be required to pay the equivalent of 30% of his or her current income. The remainder will be covered by the rental supplement assistance program. Eviction Prevention Assistance  This program provides assistance to applicants who have encountered a short-term financial challenge that has jeopardized their housing.  This program will pay up to three months of back-rent for an applicant.  Eviction prevention assistance shall be one-time and shall not exceed $1,500 per participant household.  Applicant must provide to BHA proof of the financial challenge as well as other documentation required for the application. Security Deposit Assistance  This program provides one-time security deposit assistance to applicants.  This program will pay up to 50% of the security deposit required by an applicant’s lease and shall not exceed $750 per participant household. EXHIBIT B SCHEDULE January 2021: Contract agreement approved by Bremerton City Council January – December 2021: Period of rental assistance expenditures allowed January – December 2021: Monthly expenditures submitted to the City within 2 weeks after the month-end January 2021 to January 2022: Reporting data to City as requested EXHIBIT C CONSULTANT FEES AND REIMBURSEMENT SUBSTANTIATION Fees The contract provides $100,000 to be dispersed as follows: Administrative Fee: The Consultant will invoice monthly an administrative fee of 10% on each rental assistance disbursement up to a maximum of $10,000 in the contract year. Rental Assistance: The City will provide reimbursement to the Consultant up to $90,000 for rental assistance pursuant to the Program Information and Restrictions in Exhibit A Reimbursement Substantiation The Consultant shall submit invoices to the City on a monthly basis. The invoices shall be accompanied by appropriate reports and documentation to support the reimbursement and to ensure that the funds were expended and dispersed to the appropriate recipients. City of Bremerton Rental Assistance Program Administered by Bremerton Housing Authority •Rental Assistance Program is administered by the Bremerton Housing Authority. This funding serves our lower income population that other subsidy programs cannot assist. In 2020 the City helped 77 households with this program. •4% of these funds for Eviction Prevention •5% for Rapid Re-housing •84% for Covid-related Rental Assistance •7% Short-Term Assistance •As adopted in the 2021 budget, this program funded at $100,000 a portion of revenue derived from the State Shared Affordable Housing Sales Tax, authorized by HB 1406, allows the City to collect a sales tax to support rental assistance programs for households earning 60% AMI. In 2021 it is expected that we will collect $75,000 in tax revenue to support this program. •In 2021, the Bremerton Housing Authority will match the City’s contribution at $100,000 which will double the success of the program. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Ordinance No. 5413 amending Bremerton Municipal Code (BMC) Chapter 17.04 entitled “City Building Code; and adopting State Building Code WAC 51 – 2018 Editions of International Building Codes and Uniform Plumbing Code COUNCIL MEETING Date: January 20, 2021 Department: DCD Presenter: Stuart Anderson Phone: (360) 473-5212 SUMMARY: The action before the Council is to pass an ordinance amending BMC 17.04 to adopt the 2018 editions of the International Building Code (“IBC” – for commercial construction), International Residential Code (“IRC” – for residential construction), International Mechanical Code, International Property Maintenance Code, International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Council or published by the International Code Council; it makes minor housekeeping amendments for proper references in the BMC; and also amends the BMC to include an optional IRC appendix – Appendix J Existing Building and Structures (see attached memo to see why Appendix J is important). Some notable changes that Washington State has made to the building codes include:  The State has now adopted a more restrictive energy code known as the “2018 Washington State Energy Code” or 2018 WSEC. These new energy code requirements will add significant costs associated with residential and commercial construction projects. Builders estimate that this could increase the costs for new residences from $10,000.00 to $30,000.00 (costs are hard to estimate and home size plays a factor in this determination). Please note - the City does not have the authority to change these energy code requirements that the State has established.  The codes now include provisions for Tiny Houses, with special attention paid in the code for structures less than 400 square feet allowing departures from the standard codes for such things as compact stairs and ladders, less headroom/ceiling height, and provisions for emergency escape requirements at lofts. ATTACHMENTS: A. Staff Memorandum B. Ordinance No. 5413 Updated FISCAL IMPACTS (Include Budgeted Amount): No City impacts. The City is required to follow the building codes as adopted by the State of Washington and the 2018 WSEC will increase the cost of construction as identified above. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5413 to amend the Bremerton Municipal Code Chapter 17.04 – City Building Code. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4C Updated MEMORANDUM Stuart Anderson Building Official City of Bremerton – Community Development 345 6th Street, Suite 100, Bremerton WA 98337 360.473.5286 ~ stuart.anderson@ci.bremerton.wa.us TO: City Council FROM: Stuart Anderson DATE: January 13, 2021 SUBJECT: Adoption of new 2018 Building Codes & IRC – Appendix J Existing Buildings & Structures The State of Washington has adopted the new 2018 Building Codes, and they automatically become effective on February 1, 2020. It isn't required for the City to adopt an ordinance for the new building codes because they will become automatically effective without any City action and the City must implement these new building code requirements. QUESTION: Why is it important for us to take action when the codes are just automatically adopted by the State? ANSWER – There are two reasons for Bremerton to adopt a local ordinance: 1. Bremerton Municipal Code (BMC Chapter 17.04 – City Building Code) refers to the older version of the building codes and we must reflect the new State law by making reference to the new codes to ensure clarity for our applicants, and 2. There are building code options that are available to local jurisdictions, and the State leaves it to communities to decide if they will be adopted locally. In other words, there are some code appendices that are not automatically part of the new State code; it would take local adoption of an ordinance to implement these measures. Staff recommends that the City adopt the International Residential Code (IRC) Appendix J – Existing Buildings and Structures. WHY ADOPT IRC’s APPENDIX J? Staff believes that it would be critical for the City to adopt Appendix J because we have a number of residences that are old and when property owners seek to make improvements to their homes through remodeling it is hard for them to meet current building code standards. We believe that the code provisions contained in this appendix would provide some code relief and clarity, and that would result in homeowners being able to improve their homes more easily or even convert their basements to ADUs, which is something the building code would likely prohibit. By adopting Appendix J it further implements the City’s 2018 commitment to continuously evaluate and fix regulations that impede the creation of more housing. A number of years ago the City adopted some local changes to the building code that we believed would provide desired code relief, but it has not had the results that we had hoped. As drafted, the proposed ordinance would remove the prior BMC amendments that sought to give code relief and would instead adopt the IRC Appendix J. In summary, the proposed Ordinance changes the date references to the new State Codes and implements IRC’S Appendix J – Existing Buildings and Structures. 1 2018 Building Code Updates and Amendment ORDINANCE NO. 5413 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” by adopting the 2018 editions of the International Building Code, International Residential Code, International Mechanical Code, Uniform Plumbing Code, International Property Maintenance Code, International Fuel Gas Code, and International Energy Conservation Code as amended by the Washington State Building Code Council or published by the International Code Council; and related amendments. 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, pursuant to Chapter 19.27 RCW, the 2018 editions of the International Building Code, International Existing Building Code, International Residential Code, International Mechanical Code, Uniform Plumbing Code, International Fuel Gas Code, and International Energy Conservation Code, as amended by the State of Washington, apply to all cities, including the City of Bremerton, effective February 1, 2021, unless otherwise extended or established by the State of Washington; therefore, it is appropriate to amend the Bremerton Municipal Code to formally adopt the same; and WHEREAS, the City Council also desires to make additional amendments to the International Residential Code (IRC) as set forth in Section 17.04.080 of the Bremerton Municipal Code by striking code for “Existing Basements” and replacing those provisions with Appendix J of the IRC; and THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.020 of the Bremerton Municipal Code entitled "State Building Code - Adoption" is hereby amended to read as follows: 17.04.020 STATE BUILDING CODE – ADOPTION. In accordance with Chapter 19.27 RCW, the following codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and as further amended in this chapter, are adopted by reference: (a) The International Building Code, 2015 2018 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. 2 2018 Building Code Updates and Amendment (b) The International Existing Building Code, 2015 2018 Edition, published by the International Code Council, Inc. as amended pursuant to Chapter 51-50 WAC. (c) The International Residential Code, 2015 2018 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (d) The International Mechanical Code, 2015 2018 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (e) The Uniform Plumbing Code, 2015 2018 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. (f) The International Property Maintenance Code, 2015 2018 Edition, published by the International Code Council, Inc. (g) The International Fuel Gas Code, 2015 2018 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 52-52 WAC. (h) The International Energy Conservation Code, 2015 2018 Edition, published by the International Code Council, Inc. as amended pursuant to Chapter 51-11 WAC. One (1) copy of each of these codes is on file with the City's Building Official. SECTION 2. Section 17.04.080 of the Bremerton Municipal Code entitled “Amendments to the International Residential Building Code” is hereby amended to read as follows: The following local amendments to the International Residential Code adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Residential Code: (a) General –Appendices adopted. Appendix J to the International Residential Code is hereby adopted. (b) (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. (c) (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. (d) (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. 3 2018 Building Code Updates and Amendment Table R301.2(1) Climate and Geographic Design Criteria GROUND SNOW LOAD WIND DESIGN SEISMIC DESIGN CATEGORY SUBJECT TO DAMAGE FROM Speed (mph) Topographic effects Special wind region Wind- borne debris zone Weathering Frost line depth Termite 30 PSF 110 No No No D2 Negligible 12" No WINTER DESIGN TEMP ICE BARRIER UNDERLAYMENT REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP 29 No See footnote 1,2,3 113 51.4 1 Date of entry into NFIP: April, 1987; Community Number 530093 2 Date of latest study: November 18, 2014 3 FIRM PANELS# 53035C0335E, 53035C0343E, 53035C0344E, 53035C0345E, 53035C0450E, 53035C0455E, 53035C0352F, 53035C0353F, 53035C0354F, 53035C0360F, 53035C0364F, 53035C065F, 53035C0366F, 53035C0367F, 53035C0368F, 53035C0380F, 53035C0390F (d) Existing Basements. Section R310 of the International Residential Building Code entitled "Emergency escape and rescue windows" is amended by substituting Section R310.6 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 Drainage," is amended to read as follows: Sec. R405.1 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 discharge by gravity or mechanical means into an 4 2018 Building Code Updates and Amendment 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 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. (g) Roof Drainage. Section R801 of the International Residential Building Code entitled "General" shall be amended to read as follows: Sec. R801.3 Roof drainage. All structures shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface not less than 12 inches (304 mm) from foundation walls or to an approved drainage system. SECTION 3. Amendments – Effective Date. The amendments as set forth in Sections 1 and 2 above shall be effective February 1, 2021, unless otherwise extended or established by the State of Washington. SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance, including but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 5. 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 6. 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___________ day of ____________________, 2021. _________________________________ KEVIN GORMAN, Council President 5 2018 Building Code Updates and Amendment Approved this ________ day of ________________________, 2021. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2021. EFFECTIVE the ________ day of ______________________, 2021. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Community Development\Building Code Ordinance 2021.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Gorst Coalition Memorandum of Understanding COUNCIL MEETING Date: January 20, 2021 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: The purpose of the Gorst Coalition Memorandum of Understanding is to form an action- oriented coalition to obtain state and federal resources to fund the recommended strategies outlined by the Washington State Department of Transportation (WSDOT) for the Gorst interchange. ATTACHMENTS: 1) Memorandum of Understanding Updated; and 2) Power Point Presentation Added FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Gorst Coalition Memorandum of Understanding; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4D Updated For Discussion Only Gorst Coalition Memorandum of Understanding 1 Gorst Coalition GORST COALITION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the members of undersigned parties to form the Gorst Coalition Executive Committee for the purposes and according to the procedures set forth herein. This MOU is not intended to be binding or enforceable but is established to provide a common framework and guide the efficient and effective goals of the Gorst Coalition. ARTICLE I: GENERAL Section 1: Coalition Formation and Purpose The Gorst Coalition formed by this MOU is a group of public agenciesJurisdictions, businesses, and community partners withinof Kitsap and Mason Counties, as well as the Suquamish Tribe that have an interest in the area of Gorst and a desire to work cooperatively for the best interests for the citizens and ecosystem in Gorst.have mobilized to form an action-oriented Gorst Coalition to bring state and federal resources to interchange.fund the recommended strategies outlined by the Washington State Department of Transportation (WSDOT) for the Gorst interchange. As further explained in Article IV, this MOU does not create a separate entity or confer any additional substantive powers or authorities on members. Each member brings to the Coalition all powers and authorities otherwise vested by law. The purpose of the Gorst Coalition is to find and secure state and federal resources needed to fund construct the projects recommended strategies outlined by the members of the Coalition and Washington State Department of Transportation (WSDOT) for the SR3/SR16 Gorst corridor. The Gorst Coalition recognizes the urgent need to address resiliency from sea level rise and seismic events, national security, congestion, and impacts to the ecosystem at Gorst and plans to build on previous partnership planning work to advance the funding of Gorst improvement projects. work to advance the funding of Gorst improvement projects. The Coalition will work collaboratively with local businesses and governing bodies of state, local, and federal levels to ensure the safety, economic vitality, and mitigation of natural and cultural resources while supporting national security and sustaining the mission of our military. Section 2: Value of the Gorst Corridor and Gorst Creek Ecosystem 1. Transportation and Emergency Management Value The Gorst Ccorridor is the vital transportation link for the movement of people, freight, and emergency supplies within Kitsap County and is the gateway to Mason, Jefferson and Clallam Counties. The Federal Highway Administration designated the SR 3/SR 16 – Gorst Corridor as a “Critical Urban Freight Corridor” and it provides the only roadway link to strategic U.S. Naval facilities, which are vital not only to military readiness and national security, but to the regional economy. The area is identified by the Federal Emergency Management Agency (FEMA) as a chokepoint that can affect public safety and would be completely shut down in the event of a major earthquake or rising sea levels. With daily traffic volumes of 84,000 vehicles per day, the Ccorridor supports traffic levels similar to I-5 south of Olympia and I-90 east of Issaquah. Daily congestion impacts commuters, transit, and freight modes serving the region and Naval Base Kitsap. The Coalition recognizes the Gorst Corridor serves as the gateway to Kitsap and the Olympic Peninsula and facilitates the movement of freight, emergency supplies, and supports our national security. 2. Cultural Value At the same time, tThe Corridor is also within the ancestral lands and waters of the Suquamish Tribe, where the Suquamish people once hunted deer and elk, fished for salmon and smelt, dug clams and collected vegetal foods For Discussion Only Gorst Coalition Memorandum of Understanding 2 for millennia and where they exercise their treaty right to harvest salmon in these waters as they have for thousands of years. The Ccorridor is also overlaid with ancestral Suquamish village sites, seasonal villages, ceremonial gathering places and settings for creation stories. 3. Ecological Value The Ccorridor’s primary natural features are the Gorst Creek watershed and the marine waters and shorelines of Sinclair Inlet. The Gorst Creek ecosystem, one of the largest and most productive watersheds in the east Water Resource Inventory Area (WRIA)-15 subregion, supports runs of chinook, coho, and chum salmon as well as steelhead and cutthroat trout. The Sinclair Inlet estuary supports waterfowl, shorebirds, great blue herons, bald eagles, and is an important rearing and refuge area for juvenile chinook salmon and formerly hosted a natural oyster bed. The importance of the Ccorridor in terms of resiliency, national security, congestion, cultural and ecosystem functions requires robust coordination on transportation planning and mitigation for past, present, and future impacts to the region. Section 3: Membership and Vacancies The undersigned entities form the voting membership of the Coalition, whether such entity signed the MOU upon formation or after. The Coalition embodies the five committees listed under Section 4. The Coalition is made up of interested and affected governmental and non-governmental interests that plan to actively engage in the Coalition’s multiyear strategy to bring state and federal resource to fund the recommended strategies outlined by WSDOT for the Gorst interchange. The Coalition also includes “Resource Members” consisting of the Navy, Washington State Legislators, WSDOT, and other state and federal agencies that provide expertise to the Coalition but do not have a financial stake in the Coalition, nor do they direct lobbyists. These resource members are not signatories to this MOU and do not vote. Each Coalition member will be responsible for appointing a new representative should they need to step down from their position on the Coalition. New representatives on the Executive Committee will review and sign the Coalition’s Memorandum of Understanding. Section 4: Structure and Decision Making Each Coalition member shall appoint a representative to serve on a committee as identified herein, but each member shall only have one vote on each decision-making committee. Should a representative be unable to fulfill his or her duties for the Coalition member, the Coalition member will be responsible for appointing a new representative. The roles, decision-making model, and members of eachthe various committees are is described below. 1. Co-Chair (+ Military Liaison) Committee: a. Role: Guides the coordination of the Coalition by monitoring Coalition work plan progress and budget performance, teeing up decisions for the Executive Committee to make, and overseeing administrative staff that could be a consultant or public agency staff (not lobbyist consultant). b. Decision Making: By consensus. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: Leadership will be shared by having rotating Chairs facilitate the Co-Chair and Executive Committee meetings (except for the Military Liaison). The full Co-Chair group will have the opportunity to review all meeting materials. d. Membership: One rRepresentative each from the Port of Bremerton, the private sector, Senator Randall, Naval Base Kitsap (Military Liaison), and fiduciary sponsor representative. 2. Executive Committee: For Discussion Only Gorst Coalition Memorandum of Understanding 3 a. Role: Coordinates on the state and federal strategy, leverages resources and partners, provides guidance to the Lobbyist Oversight Committee on public and legislative media/communications, oversees the Technical and Environmental Committees, and approves any spending of the Coalition’s funds. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: The rotating Co-Chair as described above. d. Membership: Kitsap County, Mason County, City of Bremerton, City of Poulsbo, City of Port Orchard, Kitsap Transit, Naval Base Kitsap, Suquamish Tribe, Port of Bremerton, Port of Kingston, WSDOT, and representatives of educational, recreational, community, business, and industry interests. 3. Lobbyist Oversight Committee a. Role: Guides the coordination of the lobbyist(s) by overseeing their work plan progress and budget performance. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: TBD d. Membership: A subgroup of the Executive Committee based on interest, capacity, and ability to direct advocacy efforts. 4. Technical Advisory Committee a. Role: Coordinate on the technical components of the Gorst projects and share updates and recommendations to the Executive Committee. This group is can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from jurisdictions and Tribe public agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Port of Bremerton, City of Bremerton, City of Port Orchard, Naval Base Kitsap, Kitsap County, Mason County, Dept. of Ecology, Dept. of Fish and Wildlife, WSDOT. 5. Environmental Committee a. Role: Coordinate on the ecological components of the Gorst projects and share updates and recommendations to the Executive Committee. This group can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from members and Tribepublic agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Kitsap County Public Works (KCPW) Stormwater, WSDOT, Dept. of Fish and Wildlife, The Waterman Group 6. Coalition Building Partners a. Role: Demonstrate Cultivate broad support and advocate for the project through various means as appropriate, including potentially pursuing a grassroots fundraising model. Receive updates from the Executive Committee on decisions and milestones via quarterly emails. b. Decision Making: Not applicable. This is not a decision-making body. c. Membership: Jurisdictions, government agencies, Tribes, organizations and individuals from the private and public sectors. For Discussion Only Gorst Coalition Memorandum of Understanding 4 7. Military Liaison a. Role: Provide Navy specific information to the Coalition. b. Decision Making: No decision-making authority. c. Membership: Naval Base Kitsap Decision Making by Consensus: Gradients of Agreement Scale Consensus No Consensus Whole- hearted endorsement Agreement with minor point of concern Support with reservation Abstain More discussion needed Don’t like but will support Serious disagreement, but won’t veto Veto ©Gradients of Agreement Scale, Sam Kaner, Duane Berger, and staff at Community at Work, 1987 Figure 1: Decision Making by Consensus Gorst Coalition Organizational Chart Figure 2: Gorst Coalition Organizational Chart Section 56: Fiduciary Responsibilities and Financing of Coalition The City of Bremerton will act as the fiduciary agent for the Coalition and will be responsible for coordinating and executing contracts on behalf of the Coalition and for invoicing the paying members pursuant to this MOU. The City of Bremerton may resign from this position at any time or it may be re-assigned by the Co-Chair Committee as deemed appropriate. Coalition members will share the cost of the Coalition’s budget through a tiered model in which members, regardless of public or private entity, will aim to pay a certain minimum amount.: Tiers will be determined by consensus based on economic, transportation, security, cultural, and ecological reliance on the Gorst Corridor. The annual target contributions are as follows: Executive Committee Technical Advisory Committee Environmental Committee Lobbyist Consultant Coalition Partners Military Liaison Co-Chair Committee Lobbyist Oversight Committee For Discussion Only Gorst Coalition Memorandum of Understanding 5 Tier 1: Parties most affected by Gorst – minimum [$20,000-4$50,000] annual contribution Tier 2: Parties affected by Gorst – minimum [$10,000-$20,000] annual contribution Tier 3: Parties affected by Gorst but with limited funding capacity – any amount These payment amounts may be adjusted as deemed appropriate by the Co-Chair Committee, with actual amounts paid within the range determined by the paying member. All monies paid to or from the fiduciary agent shall be accounted for in accordance with RCW 43.09.210. “Affected” parties will be determined by criteria related to economic, transportation, security, cultural, and ecological reliance on the Gorst Corridor. Resource members including the Navy, Legislators, WSDOT, and other state and federal agencies are not involved in the financing of the Coalition. The budget and work plan of the Coalition will be established annually based on expected contribution of the paying members, with the budget coinciding with the calendar year. Each September, the Co-Chair Committee will prepare a draft budget for review and approval by Executive Committee prior to the end of the fiscal year. ARTICLE II: OBJECTIVES AND WORK PRODUCTS Section 1: Objectives 1.1 The primary goal of the Coalition is to obtain funding for WSDOT to design and construct capacity, resiliency and redundancy improvements through the Gorst Corridor. 1.2 Work toward consensus whenever possible. 1.3 Work with the Washington State Legislature and U.S. Congress to prioritize and obtain funding for the Gorst Ccorridor. 1.4 Bring forth previous work done on the Ccorridor to advance progress. 1.5 Identify and gather resources needed to support funding and environmental, cultural, and economic mitigation. 1.6 Review communication materials and draft plans. Section 2: Work Products 2.1 Administrative staff will produce meeting summaries for each Coalition Executive Committee meeting. 2.2 The Executive Committee will approve an annual workplan and budget. 2.3 The Executive Committee will approve a lobbyist scope of work and communication materials put forward by the Lobbyist Oversight Committee. 2.4 The Executive Committee will approve periodic updates to Coalition Partners about the work of the Coalition. 2.5 The Technical Advisory Committee and Environmental Committee may produce memos or other resources to share information with the Executive Committee. ARTICLE III: MEETINGS AND RECORDS Section 1: Meetings The Executive Committee shall meet on a schedule determined by the Co-Chair Committees. The Co-Chairs will coordinate following coordination with the Executive Committee to select the date, time, and location of any meeting. Administrative sStaff (jurisdiction or consultant) will email Executive Committee members to confirm the For Discussion Only Gorst Coalition Memorandum of Understanding 6 time and location of the meeting and to provide any materials for that meeting. It is the responsibility of Executive Committee members to review summaries of any meetings they were did not in attendance. Section 2: Public Participation in Meetings The Executive Committee meetings are open to the public and will be publicly noticed. Members of the public and Gorst Coalition members who do not serve on the Executive Committee may observe the meeting and provide public comment at the end of the meeting if desired. Section 3: Operating Protocols Coalition members and their representatives will: 3.1 Use available and appropriate resources to accomplish Coalition objectives. 3.2 Participate regularly and on time. 3.3 Participate with positive communication and respect for the opinions of other members. 3.4 Represent their perspective. 3.5 Acknowledge any conflicts of interest. 3.6 Leverage resources and information. 3.7 Advocate for recommendations of the Coalition. 3.8 Bring institutional knowledge. 3.9 Act as a conduit of information between the Coalition and their cities or organizations. Section 4: Records The Coalition members acknowledge that to the extent public agencies are subject to the Washington State Public Records Act, chapter 42.56 RCW, all materials submitted to those public agencies may be subject to review and copying by the public unless an exemption applies. Section 5: Media Policy Should Coalition members be contacted with inquiries by the media regarding the Coalition, members should direct them to the hired lobbyist. ARTICLE IV: TERMINATION, INDEMNIFICATION, EFFECT OF MOU, AND AMENDMENT Section 1: Effective Date and Termination: This MOU is effective when signed and shall remain in effect until terminated by a majority of the Co-Chair Committee members in good standing. Any member partner may terminate its membership in the CoalitionPartnership by providing no less than 30 days written notice to the Co-Chair Committee of the desired termination date. Upon terminating its membership, a member forfeits its membership dues to the Coalition. Upon termination of the MOU, without renewal or replacement of this MOU, or upon dissolution of the Coalition, any unencumbered Coalition funds shall be returned, pro rata, to its then current paying membership based on a formula determined by the amount of contributions annually paid by each member as approved by the Co-Chair Committee, or based on a formula as otherwise established by the Co-Chair Committee. Section 2: Indemnification: Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the extent caused by a Party’s breach of this MOU or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially covers actions brought by the Party’s own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification For Discussion Only Gorst Coalition Memorandum of Understanding 7 obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. Section 3: Effect of MOU: This MOU is an internal agreement and does not confer any rights upon any individual or other entity. This MOU sets forth mutual goals and approaches. This MOU is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOU shall obligate members to expend other monies or enter into any contract or other obligation. Nothing in the MOU shall be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations or decisions in carrying out their statutory or regulatory duties. This MOU does not limit or restrict members from participating in similar activities or arrangements with other agencies. SECTION 4: Amendment This MOU may be amended only in writing and only by agreement of all signing parties, except as set forth herein. V. Executive CommitteeMember Signatures Executed this ___ day of _____________, 2021. Approved as to form CITY OF BREMERTON Bremerton City Attorney Greg Wheeler, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF PORT ORCHARD Port Orchard City Attorney Robert Putaansuu, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF POULSBO Poulsbo City Attorney Becky Erickson, Mayor For Discussion Only Gorst Coalition Memorandum of Understanding 8 Executed this ___ day of _____________, 2021. Approved as to form PORT OF BREMERTON Port of Bremerton Attorney Cary Bozeman, President Executed this ___ day of _____________, 2021. Approved as to form PORT OF KINGSTON Port of Kingston Attorney Greg Englin, Executive Director Executed this ___ day of _____________, 2021. Approved as to form KITSAP TRANSIT Kitsap Transit Attorney John Clauson, Executive Director Executed this ___ day of _____________, 2021. Approved as to form SUQUAMISH TRIBE Leonard Forsman, Chairman Executed this ______ day of __________________, 2021. ATTEST: KITSAP COUNTY BOARD OF COMMISSIONERS CHARLOTTE GARRIDO, Comissioner ROBERT GELDER, Commissioner For Discussion Only Gorst Coalition Memorandum of Understanding 9 Dana Daniels, Clerk of the Board EDWARD E. WOLFE, Commissioner Deputy Prosecuting Attorney Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form Bremerton/Gorst Sub-Area Recommended Strategies MAYOR’S REPORT January 20, 2021 Photo courtesy of Port of Bremerton Mayor’s Youth Leadership Award The Mayor’s Youth Leadership Award will be continuing in 2021! This is the third year of the award and recognizes exceptional youth in our community. Eligibility: •Involved (or have been involved) with a city government, community and/or school leadership activity•Eligible to graduate from high school, completed home school or received a GED in spring/summer 2021 •A Washington state resident currently residing in the City of Bremerton •Plan to continue education in the 2021-2022 academic year at an accredited college or trade school on a half-time or more basis •Finalist will receive a $250 scholarship award Submission Deadline: Friday, February 19, 2021 Details and application: www.BremertonWA.gov/YouthLeadershipAward