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HomeMy WebLinkAbout08/18/2021 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, AUGUST 18, 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  Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/85397637111?pwd=OWtkV285RnBWSkJWSHo1MUM5T0s5UT09  Or One tap mobile: US: US: +12532158782,,85397637111#,,,,*408318# or +16699006833,,85397637111#,,,,*408318#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 301 715 8592 Webinar ID: 853 9763 7111 Passcode: 408318 1. CALL TO ORDER: 5:30 P.M. 2. MAYOR'S REPORT 3. PUBLIC RECOGNITION 4. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – August 4, 2021 C. Minutes of Study Session – August 11, 2021 D. Contract with Chinook Properties Inc. for the Construction of the Reservoir 4 Fencing and Security Improvements Project; and related Budget Adjustment 5. GENERAL BUSINESS A. Ordinance No. 5427 amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” 6. COUNCIL MEMBER REPORTS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING MAYOR’S REPORT August 18, 2021 Photo courtesy of Port of Bremerton Kitsap Public Health COVID-19 Update Kitsap Public Health Recommendations In response to rising COVID-19 levels, and concerns about the highly contagious Delta variant, Kitsap Public Health is recommending a “layered” approach to help decrease the spread and severity of COVID-19. These include: •Wearing a mask in indoor public places and in outdoor spaces where safe distancing is not possible. To align with recent masking guidelines from Kitsap Public Health due to COVID-19, the City of Bremerton shared with all staff today that vaccinated and unvaccinated employees are now required to wear a facial covering while indoors and must maintain 6-feet of social distancing between others. Kitsap Public Health recently issued a directive asking residents to wear a mask in indoor public places, including retail sites and grocery stores. For an FAQ, visit kitsappublichealth.org. •Avoiding crowds and poorly ventilated places. •Getting a COVID-19 vaccine shot. Book a vaccination at kitsappublichealth.org or visit vaccinelocator.doh.wa.gov for other locations. •Getting tested if exposed to someone with COVID-19 or if experiencing symptoms. For Bremerton and other testing sites, visit kcowa.us/covidtesting. •Staying home when not feel well and self-isolate. Nuisance Property Abatement Program Program focused on cleaning up nuisance property in the City: •6 properties currently in progress/scheduled for this year •Working through 20 properties added to abatement priority list in 2021 Waste Management Worker Shortage Due to a shortage of commercial drivers regionally, some Waste Management services have been impacted in the City. •To date, a few routes were missed in August as a result of the worker shortage. •Residential customers who did not receive service may put out double loads on the next service day, at no extra charge. •Customers are being encouraged to check for service alerts if carts have not been emptied by 7 pm on a regular collection day at wmnorthwest.com/bremerton. They can also contact Waste Management with questions at wmnorthwest.com/guidelines/missedcollection.htm. •There should be no further service disruptions this week, and Waste Management will track service on a week-by-week basis until full staffing is restored. Waste Management Worker Shortage To address the driver shortage: •The City of Bremerton has offered to extend certified drivers to Waste Management. Waste Management is considering this option; however, it may not be viable due to strict job-specific safety training and route familiarization required for new employees, which takes about five weeks to complete. •At Bremerton’s request, Waste Management is looking into executing subcontracts with other service providers to provide full service to the City. •Waste Management (BremAir/Kitsap County) is providing hiring incentives, had a job fair, and is actively seeking out qualified drivers to boost hiring. Residents are being encouraged to contact Waste Management for job information and can contact Robert Hall, District Manager, at (360) 415-2751. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: August 18, 2021 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 394588-394776 and Electronic Fund Transfers V33520-V33602 in the grand total amount of $2,666,599.66 2. Regular Payroll correction for missed hours for pay period ending July 15, 2021 in the amount of $298.34 3. Retiree Payroll voided and reissued checks for pay period ending July 31, 2021 in the amount of -$472.42 4. Regular Payroll for pay period ending July 31, 2021 in the amount of $928,982.68 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 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – August 4, 2021 Study Session Date: N/A COUNCIL MEETING Date: August 18, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on August 4, 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 August 4, 2021 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B 2 CITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, August 4, 2021 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, August 4, 2021, at 5:30 PM with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Kylie Finnell; Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Manager Dave Sorensen. President Gorman announced that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting a virtual meeting, which will remain in effect until further notice… MAYOR’S REPORT – Mayor Wheeler…  Provided an update on Permit Activity showing totals since 2014; and also noted that July 2021 totals were more than $560,000 higher than the previous record set in July 2019! PUBLIC RECOGNITION Comments were provided by Ki’aha Long; Roy Runyon; Shawn Cupples; and Anna Mockler… CONSENT AGENDA 4A – Claims & Check Register: Check Numbers 394445 through 394587; and Electronic Fund Transfers V33445 through V33519 in the grand total amount of $2,007,377.55; Regular Payroll (payouts) for pay period ending July 15, 2021 in the amount of $1,520.21; and Retiree Payroll for pay period ending July 31, 2021 in the amount of $49,829.95 4B – Minutes of Meeting – July 21, 2021 4C – Minutes of Study Session – June 28, 2021 4D – Public Works Agreement with Long Painting Company for Casad Dam Morning Glory Overflow Coating Replacement Project There were no questions or comments from the public… 5:42 M/S/C/U (Sullivan/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 5A – SUPPLEMENTAL AGREEMENT NO. 1 WITH SCJ ALLIANCE FOR THE KITSAP WAY (SR310) AND WARREN AVENUE (SR303) TRAFFIC SIGNAL AND MULTIMODAL SAFETY PROJECT: Engineering Project Manager Andrea Archer-Parsons summarized that in July 2019, the City executed a contract with SCJ Alliance, Inc. for design of the Kitsap Way (SR310) and Warren Avenue (SR 303) Traffic Signal and Multimodal Safety Project in the amount of $365,458.00. This is the first supplemental agreement to that contract to add Construction Management Support during construction in an amount of $329,670.53. Construction Management will add a full-time inspector, engineer, and administrative support. With this increase to the Contract, the new total will be $695,128.53. Managing Engineer Shane Weber announced that a correction was needed to the Agenda Bill to establish that the request should also include Design Services Cost Over-Runs. Questions and comments from the public were submitted by Ki’aha Long; Roy Runyon; and Shawn Cupples… with responses provided by Ms. Archer-Parsons and Mr. Weber… 5:58 Motion was made by Daugs and seconded by Dennehy… Questions and comments were provided by Daugs, Dennehy, Younger, Simpson, Goodnow, Sullivan, and Gorman… with responses provided by Ms. Archer-Parsons and Mr. Weber… City Council Reg. Mtg. Minutes Wednesday, August 4, 2021 Page 2 of 3 6:37 M/S/C (Daugs/Dennehy) Move to approve Supplement No. 1 with SCJ Alliance for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project in the amount of $329,670.53; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Daugs, Dennehy, Goodnow, Younger, Sullivan, Gorman Voted opposed to Motion: Simpson Motion carried: 6-Yes; 1-No 5B – PROFESSIONAL SERVICES AGREEMENT WITH SCJ ALLIANCE FOR DESIGN OF THE WARREN AVENUE BRIDGE PEDESTRIAN IMPROVEMENTS PROJECT: Engineering Project Manager Vicki Grover stated that on September 18, 2020, the City accepted State grant funding in the amount of $1,500,000 to complete the engineering and permitting for pedestrian and bike improvements on the Warren Avenue Bridge and multimodal improvements on Warren Avenue north and south of the bridge. Four consultants were interviewed and SCJ Alliance was selected based on qualifications. The SCJ Alliance design work includes civil and structural design of improvements off the bridge. WSDOT is under contract to perform the bridge structural design. The civil design work will be completed in two phases: Phase 1 will be an alternatives feasibility study with selection of a preferred alternative and Phase 2 will be the final design and permitting. A future amendment to this contract will be prepared for Phase 2 upon selection of a preferred alternative. Questions and comments from the public were submitted by Ki’aha Long; Roy Runyon; Shawn Cupples; Jerry McDonald; Anna Mockler and Charles Michel… with responses provided by Ms. Grover, Public Works Director Tom Knuckey, and Mr. Weber… 6:54 Motion was made by Goodnow and seconded by Dennehy… Questions and comments were provided by Goodnow, Dennehy, Daugs, Sullivan, Younger, Simpson, and Gorman… with responses provided by Ms. Grover, Mr. Knuckey, and Mr. Weber… 7:15 M/S/C/U (Goodnow/Dennehy) Move to approve the Professional Services Agreement with SCJ Alliance for design of the Warren Avenue Bridge Pedestrian Improvements Project in the amount of $255,435.38; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 5C – PUBLIC WORKS AGREEMENT WITH SOUND PACIFIC, INC. FOR THE DOWNTOWN BREMERTON AND AUSTIN DRIVE COMPLETE STREETS PROJECT: Civil Engineer II Chris Dimmitt explained that the City advertised the project and sealed bids were opened on July 14, 2021, with two (2) bids received. Sound Pacific, Inc. is the lowest responsive, responsible bidder with a bid of $672,447.00, including sales tax. The project includes bicycle and pedestrian improvements on Washington, Burwell, and Pacific Streets in downtown Bremerton; and bike lane improvements on Austin Drive. Questions and comments from the public were submitted by Roy Runyon; Ki’aha Long; Shawn Cupples; Charles Michel; Jerry McDonald; and Anna Mockler… with responses provided by Mr. Dimmitt… 7:31 Motion was made by Daugs and seconded by Goodnow… Questions and comments were provided by Daugs, Simpson, and Gorman… with responses provided by Mr. Dimmitt and Mr. Weber… 7:49 M/S/C/U (Daugs/Goodnow) Move to award construction of the Downtown Bremerton and Austin Drive Complete Streets Project to Sound Pacific, Inc. in the amount of $672,447.00, including sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. City Council Reg. Mtg. Minutes Wednesday, August 4, 2021 Page 3 of 3 COUNCIL MEMBER REPORTS Pat Sullivan announced the Monthly Lions Park Shoreline Weed Warriors Party on Saturday, August 14 from 10:00 AM to Noon, noting that disinfectants, beverages, and snacks will be provided to volunteers; and wished President Gorman a happy birthday. Leslie Daugs on behalf of the Council Members and staff, wished Council President Kevin Gorman a Happy Birthday; responded to an earlier citizen comment by establishing that the City Council has never brought up the issue of defunding the police; welcomed citizens to listen-in to the next meeting of the Race Equity Advisory Committee to be held remotely on Thursday, August 12 beginning at 6:00 PM; and that she will greatly miss Jack Arends, son of former Council Member Carol Arends, who passed away recently. Quinn Dennehy acknowledged Council Gorman’s birthday; and announced that he will be restarting the monthly District 4 Community Meetings in September. Michael Goodnow invited interested persons to participate in the next Forest Ridge Park Clean Up event on Saturday, August 21; thanked everyone who came out for Kitsap Pride, and that options will be considered for a new location next year since the size of the event has now outgrown Evergreen Rotary Park; and finally, announced West Sound Film Fest will be held downtown Friday, August 6 through Sunday, August 8. Mike Simpson also wished President Gorman a happy birthday; and suggested the City Council consider hosting in-person Council Meetings in the various Council Districts around the City. President Gorman thanked Council Member Simpson for bringing up the idea, but unfortunately just one reason it might not be practical would be due to the difficulty for BKAT to travel with their equipment. Eric Younger encouraged any citizens who feel inconvenienced by the many City projects taking place this summer, to please be patient because he believed the end results will be worth it. President Gorman thanked everyone for the birthday wishes; and was pleased to announce the opening of “Remedy Speakeasy”, a new restaurant now open downtown at 602 4th Street. With no further business, President Gorman adjourned the Council Meeting at 8:03 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 18th day of August, 2021. ________________________________________ 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 – August 11, 2021 Study Session Date: N/A COUNCIL MEETING Date: August 18, 2021 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on August 11, 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 August 11, 2021 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C 2 CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 11, 2021 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, August 11, 2021 at 5:00 PM, with Council President Kevin Gorman presiding. Council Members present were Eric Younger, Mike Simpson, Michael Goodnow, Quinn Dennehy, Leslie Daugs, and Pat Sullivan. Also present were Legislative Office Manager Lori Smith and IT Manager Dave Sorensen. President Gorman established that to help reduce the spread of COVID-19, and until the Norm Dicks Government Center is open to the public, the City Council is conducting the Study Session via Zoom, and all Council Members and staff will be participating remotely… The Study Session is open for the public to listen-in, but there will be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will be placed on the August 18, 2021 City Council Virtual Meeting Agenda… A. BRIEFINGS on AGENDA BILL ITEMS 1. Confirm Appointment of Thomas Wolfe to the Position of Chief of Police Item pulled (A recruitment process will begin…) 2. Contract with Chinook Properties, Inc. for the Construction of Reservoir 4 Fencing and Security Improvements Project; and related Budget Adjustment Consent Agenda 3. Ordinance amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” General Business President Gorman called a break from 7:08 to 7:15 PM… B. INFORMATION ONLY 1. Briefing on Lodging Tax Advisory Committee (LTAC) Grant Application Rating Criteria and Process for Distribution of Funds for 2022 – Chair Michael Goodnow Council Member Eric Younger left the meeting at 7:29 PM… C. GENERAL COUNCIL BUSINESS o Audit Committee Monthly Briefing – Chair Leslie Daugs o Other General Council Business was briefly discussed. President Gorman established that following adjournment of the Study Session, an Exempt Closed Session will be held, as allowed under RCW 42.30.140 (4) (b) to discuss Labor Negotiations. He further reminded the public that all meetings will continue to be held remotely until further notice, including the next regular Council Meeting on Wednesday, August 18, 2021 at 5:30 PM. With no further business, the Study Session was adjourned at 7:37 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Study Session Minutes Wednesday, August 11, 2021 Page 2 of 2 APPROVED by the City Council on the 18th day of August, 2021. ______________________________ KEVIN GORMAN, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk KG:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 11, 2021 Contract with Chinook Properties Inc. for the Construction of the Reservoir 4 Fencing and Security Improvements Project; and related Budget Adjustment COUNCIL MEETING Date: August 18, 2021 Department: PW & U Presenter: K. Ketterer Phone: (360) 473-5334 SUMMARY: The Reservoir 4 site contains multiple critical assets of the Water Utility that are now in close physical and visual proximity to surrounding development. A recent security vulnerability assessment recommended several physical and electronic access control improvements to include fencing, gates, and enhanced software-based access control and intrusion detection. The security enhancements proposed exceed those originally scoped in the budget for this project. A budget adjustment to the Water Utility Capital Fund of $265,000 is requested to complete the project. Chinook Properties Inc. is a local contractor from Silverdale and their bid of $375,881.05 was the lowest responsible and responsive bid for the project. We recommend that the Council award the contract to Chinook Properties. ATTACHMENTS: 1) Contract; and 2) Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): The project is budgeted in the Water Utility Capital fund for $250,000. The cost of construction exceeds the budgeted amount and a budget adjustment of $265,000 from Water Utility Capital fund balance is requested to complete the project. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the Reservoir 4 Fencing and Security Improvements contract to Chinook Properties in the amount of $375,881.05 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and to approve a budget adjustment to the Water Utility Capital Fund for the purpose of constructing the Reservoir 4 Fencing and Security Improvements project in the amount of $265,000 from existing Water Utility Capital reserves. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4D City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-35 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20___, by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY’s Contract Documents entitled Reservoir 4 Fencing and Security Improvements. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 30 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.9 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount determined under Special Provisions Section 1-08.9 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-36 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: x Notice Inviting Bids, x Bidders Checklist, x Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, x Performance Bond, x Payment Bond, x Standard Specifications, x Amendments to the Standard Specifications, x Special Provisions, x Appendices x Contract Plans, x Addenda numbers _____ to _____, inclusive, x Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-37 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. THIRD PARTY BENEFICIARY All parties agree that the State of Washington shall be, and is hereby, named as an express third- party beneficiary of the contract, with full rights as such. ARTICLE 10. NON-DISCLOSURE CONTRACTOR will not copy, reproduce, or further disclose the “Special Provisions” and corresponding appendices (collectively “Sensitive Security Documents”) unless authorized by the CITY in writing, the information becomes known to the public without the fault of the CONTRACTOR, the information is disclosed publicly by the CITY, or as required by law to disclose the information. CONTRACTOR agrees that upon final acceptance of the completed project by the CITY, CONTRACTOR will immediately and permanently destroy the Sensitive Security Documents. _____________ Contractor Initials City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-38 May 2021 Contract Documents – Bid Set Contract CONTRACT (Page 4 of 4) CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR: By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-39 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Corporation) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the ___________________ ____________________________________________________________________________ ____________________________________________________________________________ a corporation existing under the laws of the State of ____________________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that _________________________________________________, as ______________________ President of the Corporation, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this Corporation and the City of Bremerton and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this _____, day of ___________________, 20___. (Secretary) (SEAL) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-40 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-41 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the __________________________ ____________________________________________________________________________ ____________________________________________________________________________ a Limited Liability Company existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ and ___________________, as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated _________________, 20___, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. A Limited Liability Company By: Member By: Member (SEAL) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-42 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-43 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Partnership) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the ___________________________ ____________________________________________________________________________ ____________________________________________________________________________ a partnership existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ , as ______________________ of the Partnership, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this Partnership and the City of Bremerton and that his/her execution thereof attested by the _____________________ shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. Partner (SEAL) City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-44 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-45 May 2021 Contract Documents – Bid Set Contract Certificate CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the __________________________ ____________________________________________________________________________ ____________________________________________________________________________ a joint venture existing under the laws of the State of _______________________, held on __________________, 20___, the following resolution was duly passed and adopted: “RESOLVED, that ____________________________ , as ______________________ of the Joint Venture, be and is hereby authorized to execute the Agreement dated _________________, 20___, by and between this joint venture and the City of Bremerton and that his/her execution thereof attested by the _____________________ shall be the official act and deed of this Joint Venture.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___. Managing Partner (SEAL) END OF AGREEMENT City of Bremerton 233-1896-177 Reservoir 4 Fencing and Security Improvements I-46 May 2021 Contract Documents – Bid Set Contract Certificate This Page Intentionally Left Blank RESERVOIR 4 FENCING AND SECURITY IMPROVEMENTS •11 million gallon reservoir •Highly critical asset, supplies majority of average day demand of drinking water to Bremerton’s water utility customers including PSNS. •Identified in the Security and Vulnerability Assessment (SVA) as a site in need of improved security, because of residential development 1 RESERVOIR 4 FENCE LOCATED AT 3RD AVE AND ROOSEVELT •Approximately 1600 lf of high security fence around the perimeter of the property •2 mechanical vehicle gates •Enhanced access control and intrusion detection system 2 PROJECT BUDGET •Original budget of $250,000 was for clearing trees from site and adding a low tech fence •Additional budget of $265,000 requested to construct project with expanded scope that includes security enhancements recommended by the SVA •Current construction climate also contributed to increased costs 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5427 amending Study Session Date: August 11, 2021 Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” COUNCIL MEETING Date: August 18, 2021 Department: PW&U Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: This update to the Bremerton Municipal code updates language in Chapters 15.01, 15.02, 15.03 and 15.04. The primary changes are an increase in the term of a Reimbursement Agreement from 15 to 20 years in accordance with an update to RCW 35.91.020, and clarifications of when Stormwater General Facility Charges are required. These updates also provide clarifying language relating to definitions, eliminate conflicting language, update code references, and update language service connections. ATTACHMENTS: 1) Ordinance No. 5427 Updated; and 2) Power Point Presentation 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. 5427 amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A Updated Page 1 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 ORDINANCE NO. 5427 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities.” WHEREAS, the City Council desires to amend Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” to update provisions of Chapter 15.01 entitled “General Provisions,” Chapter 15.02 entitled “Water,” Chapter 15.03 entitled “Wastewater,” and Chapter 15.04 entitled “Stormwater” and to make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection 15.01.020(c) of the Bremerton Municipal Code entitled “Definitions ‘C’” is hereby amended to read as follows: 15.01.020 DEFINITIONS. (c) Definitions "C": "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of- way, debt service, and other costs associated with such improvements. "City" means City of Bremerton. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. "Clearing and grading permit" shall mean the written approval of the City of Bremerton Building Inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial I" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/L. "Commercial II" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred (400) mg/L. "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401) to six hundred (600) mg/L. "Commercial IV" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from six hundred one (601) to eight hundred (800) mg/L. Page 2 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 "Commercial V" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from eight hundred one (801) to one thousand (1,000) mg/L. "Commercial VI" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand one (1,001) to one thousand two hundred (1,200) mg/L. "Commercial VII" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand two hundred and one (1,201) to one thousand eight hundred (1,800) mg/L. "Commercial account with high conductivity" shall mean an account that discharges conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5) minutes three (3) times during any thirty (30) day period. The account will be billed the commercial special rate as published in the City of Bremerton utility rates and fee schedule. "Commercial agriculture" shall mean those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Commercial business with living units" shall mean a business with residential living units attached; the utility rates will be based on the business type and the number of residential units. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>) 6.0 mS/cm. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City’s cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. "Condominium (condo)" shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. "Conductivity" shall mean the measurement of electrical conductivity as an indicator of water quality. Conductivity data can determine concentration of solutions, detect contaminants and determine the purity of water. A conductivity sensor measures conductivity by AC voltage applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid), where the current flows through the electrodes and the sample. Current level has a direct relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens (S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized measurements are expressed in specific conductivity units (S/cm) to compensate for variations in electrode dimensions. Conductivity measurements, along with temperature, also allow for salinity values to be calculated through algorithms. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, Page 3 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby the City water system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the City water system as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. "Cubic feet (CF)" shall mean cubic feet of measure. SECTION 2. Subsection 15.01.020(r) of the Bremerton Municipal Code entitled “Definitions ‘R’” is hereby amended to read as follows: 15.010.020 DEFINITIONS. (r) Definitions "R": "Redevelopment" means conversion of an existing development to another land use, or addition of a material improvement to an existing development. "Reimbursement agreement" shall mean an agreement entered into between the installer owner of a utility facility and the City for the purpose of reimbursing the installer owner for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement. "Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. "Routine landscape maintenance" shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. Page 4 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 SECTION 3. Subsection 15.01.020(s) of the Bremerton Municipal Code entitled “Definitions ‘S’” is hereby amended to read as follows: 15.01.020 DEFINITIONS. (s) Definitions "S": "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. "Sanitary sewer" shall mean only those portions of the wastewater system which are designated to carry, transport, or dispose of wastewater. "Sedimentation" shall mean the process of gravity-induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. "Service line" shall mean a water service line constructed between the water main and the right-of-way or easement line in accordance with current Engineering Design and Construction Standards. "Sewer lateral" shall mean a sanitary sewer constructed between the sanitary sewer main and the right-of-way or easement line in accordance with current Engineering Design and Construction Standards. "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Single-metered building" shall mean a building with more than one unit where the utility account is measured through a single water meter and provides service to all units and/or common areas. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degree slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. Page 5 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. All developed properties within the City are connected to the stormwater system. "Sump pump" shall mean a pump that conveys ground water or stormwater runoff away from a sensitive area of a property to prevent flooding or property damage. A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection. "SWMMWW" shall mean the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington. SECTION 4. Section 15.01.030 of the Bremerton Municipal Code entitled “Utility Service Agreement” is hereby amended to read as follows: 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the utility and any person requesting utility service from the City for water, wastewater, or stormwater shall be required to make application and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The utility service agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or the owner’s designated agent and shall be filed with the City prior to making any utility service connectionbefore building permit issuance. No partial utility service agreement will be issued or approved; all services requested will be listed on the application. The applicant shall pay all general facility charges (GFCs) and installation and inspection fees for the all utility services, as herein provided, prior to making any utility servicewater, or storm service connection. Recognizing the broad benefits of the stormwater system as defined in BMC 15.01.020, all developed properties within the City are subject to the stormwater GFC regardless of whether they are or will be physically connected to the stormwater system. The building permit will not be issued until all of the applicable City fees are paid. Any request for deferment shall be in accordance with Bremerton Municipal Code Chapter 15.06. (c) The utility service agreement and/or the utility billing owner/tenant change form for service shall constitute a contract between the applicant and the City in which the applicant agrees to pay for service provided at the rate and in the manner specified. Page 6 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 (d) The agreement shall be effective at the time it is signed by the Director and charges for service to the premises shall be assessed from date of connection. (e) Customers may request written quotes from the City for the fees, assessments and charges for utility service. Such quotes are valid for ninety (90) days from the date of the quote, or until the end of the calendar year, whichever is sooner. (f) A customer can request in writing a refund of their Utility Service Agreement stating the reason for the request. When the request is received the Director will prorate the amount of refund based on the work performed to date, including consideration of any payments made to third parties in reliance on the utility service agreement. SECTION 5. Section 15.01.050 of the Bremerton Municipal Code entitled "Condition of Service – Contract" is hereby amended to read as follows: 15.01.050 CONDITION OF SERVICE – CONTRACT The City may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility service. Such services shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the City and approved by the City Council. SECTION 6. Section 15.01.100 of the Bremerton Municipal Code entitled “Developer System Improvements – Reimbursement Agreements” is hereby amended to read as follows: 15.01.100 DEVELOPER SYSTEM IMPROVEMENTS – REIMBURSEMENT AGREEMENTS (a) The City may must enter into reimbursement agreements with property owners responsible for the installation of system improvements in accordance with RCW 35.91.020.to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time. Requests for reimbursement by the property owner pursuant to this section shall be made in writing prior to entering into the public utilities construction agreement. Specific provisions of reimbursement shall be included in the reimbursement agreement and shall comply with RCW 35.91.020. The City shall determine the area that is subject to the reimbursement and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the public utilities construction agreement. (b) Reimbursements will be added to the City’s permitting and licensing computer system. (bc) Reimbursement from each benefiting property owner shall be determined by the City as stipulated in the system improvementreimbursement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. (cd) Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The City shall retain fifteen five percent (15%) of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. Page 7 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 SECTION 7. Section 15.02.070 of the Bremerton Municipal Code entitled “Private Pressure Adjustment” is hereby amended to read as follows: 15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an elevation that it cannot be assured of adequate pressure, the owner may, at the owner’s expense, install a pump or pump system to furnish supply pressure, which shall be approved by the City. The City approval shall be based on the protection of the safety and integrity of the water system and not on the adequacy of the private system’s design for its intended use. The auxiliary system shall be separated from the meter box and remain the property of the property owner, who will be solely responsible for its maintenance and operation. In the event local conditions result in high pressure (exceeding eighty (80) psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall be separated from the meter box and remain the property of the property owner who will be solely responsible for its maintenance and operation. SECTION 8. Section 15.03.080 of the Bremerton Municipal Code entitled “Service Connections” is hereby amended to read as follows: 15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by the Department or by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards. The service connections shall be extended at right angles from the wastewater system to a point adjacent to the property line and shall be maintained by and kept within the exclusive control of the City. Whenever an applicant requests wastewater service to a premises with no fronting sewer main, a standard sewer main shall be required to be installed as a prerequisite to connection to the wastewater system. Every individual parcel under separate ownership connected to the wastewater system shall be required to install a separate service connection to the wastewater main, and the premises so supplied will not be allowed to provide service to any other premises. However, these restrictions shall not apply to existing connections unless improvements are done to the parcel and a separate sewer lateral can be installed for twenty-five (25) percent or less than the total improvement cost of the project, or in the judgment of the Director, such existing connection should be discontinued. When a single parcel of land having more than one (1) residential structure served by a single connection is subdivided, the installation of new connections shall be required for the structures on the newly established lots. The application for service will be filed prior to the approval of the subdivision. Separate services will be consistent with the provisions of this chapter. SECTION 9. Section 15.02.100 of the Bremerton Municipal Code entitled “Service Connections” is hereby amended to read as follows: 15.02.100 SERVICE CONNECTIONS Page 8 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 (a) All service connections shall be installed by the City in accordance with the Engineering Design and Construction Standards. The service connections shall be extended at right angles from the water system to the property line and installed within the right-of-way not to exceed forty (40) feet from the main. The water service line within the public right-of-way shall be maintained by and kept within the exclusive control of the City. Each service connection shall have its own service line and meter. Installation shall be at the expense of the property owner. (b) Whenever an applicant requests and receives water service to a premises that does not front a main, a main shall be installed as a prerequisite to connect to the water system. (c) To service property which does not abut on a public right-of-way in which there is a water main, the City may install a connection to the most appropriate main. This connection shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the property owner’s expense. (d) Every individual parcel under separate ownership connected to the water system shall be required to install a separate service connection to the water main, and the premises so supplied will not be allowed to supply water to any other premises or parcel. However, these restrictions shall not apply to existing services unless improvements are done to the parcel and the separate service and meter can be installed for twenty-five percent (25%) or less than the total improvement cost of the project or, in the judgment of the Director, such existing connection should be discontinued. (e) When a single parcel of land having more than one (1) residential structure served by a single water meter is subdivided, the installation of new water service(s) shall be required for the structures on the newly established lots. The expense for installation of the new service(s) will be to the owner that subdivided the property, and application for the service(s) will be filed prior to the approval of subdivision. The new service(s) will be subject to all fees including general facility charges. (f) When an existing structure is removed and a new structure is constructed on the same property or parcel, a new utility service agreement is required. Any existing water service line that does not meet current Engineering Design and Construction Standards and requirements shall be flow tested and approved by the Director for reuse. Any existing water service line determined to be substandard must be replaced as directed by the Director at the owner’s expense. (g) In new and pre-existing water service connections, each and every water meter shall have a shut-off valve on the customer side of the meter. Each water meter not already equipped with a shut-off valve as provided herein, must install a shut off valve at the owner’s expense. A shut-off valve must be installed within ninety (90) days of written notice from the City. Failure to install a shut-off valve within the time required will result in fees and costs for any calls related to temporary shut off of service. (hg) In new and pre-existing water service connections where one (1) water service serves more than one (1) premises, each and every building or trailer, when connected to one (1) water meter, must be provided with a separate shut-off valve. Shut-off valves shall be located so that each may be closed without disrupting water service to the remaining units. Each separate water service not already equipped with a shut-off valve as provided herein must install shut-off valves, at the owner’s expense, within ninety (90) days of notice of defect. Failure to provide Page 9 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient reason to deny any adjustment in the water bill in the event of leakage due to these causes. (ih) The City may require or allow additional service connections when such additional service connections are in the best interest of the utility. SECTION 10. Section 15.04.060 of the Bremerton Municipal Code entitled “Service Area” is hereby amended to read as follows: 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water, or constructed conveyance systems. All developed properties within the City are subject to the rates, GFCs, and other charges for stormwater service described in Chapter 15.06 BMC. Service is considered available for all properties in the City of Bremerton; however, In addition, storm drainage mitigation may be required pursuant to BMC 15.04.070. SECTION 11. 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 12. 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 13. 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 ____________________, 20___. _________________________________ KEVIN GORMAN, Council President Approved this ________ day of ________________________, 20___. Page 10 of 10 City Ordinance Form 2021 Title 15 Changes Rev. 10/2019 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 20__. EFFECTIVE the ________ day of ______________________, 20__. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Public Works & Utilities\Title 15 Updates 2021\2021.08.03 Ordinance - Title 15 Changes - FINAL.docx ORDINANCE AMENDING TITLE 15 OF THE BMC City Council Study Session August 11, 2021 Minor Modifications Stormwater System •"Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. All developed properties within the City are connected to the stormwater system. DEFINITIONS 15.01.020 Service Agreement Required •The agreement shall be signed by the owner of the property or the owner’s designated agent and shall be filed with the City prior to making any utility service connection. All Properties Subject to the Storm GFC •Recognizing the broad benefits of the stormwater system as defined in BMC 15.01.020, all developed properties within the City are subject to the stormwater GFC regardless of whether they are or will be physically connected to the stormwater system. 15.01.030 UTILITY SERVICE AGREEMENTS Modified to reference RCW 35.91.020 •Reimbursement Agreements allow a developer to recover costs of utility infrastructure improvements from future benefitting properties. •The term for Reimbursement Agreements has been increased to 20 years. •Staff propose reducing the admin fee from 15% to 5%. This is in line with the effort to administer the agreement and increases cost recovery for developers. 15.01.100 REIMBURSEMENT AGREEMENTS Irrigation Systems •Irrigation systems connected to a residential water meter are to be solely used for the parcel or property served. No other parcel may be served. OTHER CHANGES Water and WW Service Connections •Every individual parcel under separate ownership connected to the water system shall be required to install a separate service connection to the water main… •In new and pre-existing water service connections, each and every water meter shall have a shut-off valve on the customer side of the meter. Each water meter not already equipped with a shut-off valve as provided herein, must install a shut off valve at the owner’s expense. A shut-off valve must be installedwithin ninety (90) days of written notice from the City. OTHER CHANGES QUESTIONS?