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HomeMy WebLinkAbout04/05/00 AGENDA CITY COUNCIL MEETING AGENDA APRIL 5, 2000 1. CITY COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting- March 29, 2000 (#AB00-088) B. Purchase Order Request for Railroad Flatcar Bridge Deck for Upper Union River Road (#AB00-089) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION- (Comments must be limited to 3-minutes) 9. NEW BUSINESS A. Bid Award for Remodel of Public Works and Utilities Building, Main Floor, Phase ;[, 100 Oyster Bay Road (#AB00-090) B. Public Works Trust Fund Loan Acceptance for Multi Basin CSO Reduction Projects (#AB00-091) C. Public Works Trust Fund Loan Acceptance for Callow Avenue Basin Priority 3 and 5 CSO Reduction (#AB00-092) 10. ORDINANCES A. Ordinance No. 4701 (Second Reading) Amending Title 7 of the Bremerton Municipal Code (#AB00-087) 11. ADJOURNMENT OF MEETING MONTHLY STUDY SESSION TO IMMEDIATELY FOLLOW IN THE CONFERENCE ROOM ..... AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: APP, I L 5, 2000 ORIGINATING DEPT: C I TY COUNC I L MINUTES OF MEETING - HARCH 2~1, 2000 ORIGINATOR: CAROL ARENDS, PRES I DENT DATE SUBMITTED: HARCH 30, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: /~ g:~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. ,,NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED ~ AMf~ _~ COUNCIL DIRECTIVE: DATE:__ 11. AGENDA BILL NO: O0 2. CLEARANCE. COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1695 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 29, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 29, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Ed Rollman, John Law, and Cecil McConnell. Council members Wayne Olsen and Mike Shepherd were absent. Aisc present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed by the invocation given by Council President Carol Arends. President Arends made the following announcements: (1) Council members held a Pre-Council Session to discuss general Council business in the Council Conference Room. CONSENT AGENDA A. Minutes of Meeting - March 22, 2000 (#AB00-083) #0005 M/S/C/U (McConnell/Farr) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by P, CW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0020 M/S/C/U (Law/McConnell) On March 29, 2000, the Council does approve for payment those vouchers included and further described as follows: 239916 through 240115 in the amount of $230,494.42; and Retiree Payroll in the amount of $120,407.07 for the pay period ending 03/31/00. COUNCIL MEMBER REPORTS Conrad Esser looked forward to seeing the Chinook ferry back on track, making trips between Bremerton and Seattle in 30 minutes. David Farr offered comments on the recent article in The SUN regarding housing sale trends, which showed housing prices up significantly in both East and West Bremerton, which he believed was indicative that Bremerton must be "doing some things right". Ed Rollman discussed the Mayor's Advisory Parking Committee meeting he recently attended, and acknowledged a viable solution for everyone will be a challenge. He asked citizens to call him at the City Council office at 478-5280 if they would like to submit their ideas, or contact Bob Duprie, Manager of Diamond Parking at 373-9501 in Bremerton, or 625-1787 in Seattle. Lastly, he reported April 7 is the target date for completion of the roadwork at 11th & Warren. Cecil McConnell announced a District 1 & 2 "Town Meeting" would be held Thursday, April 6, 2000, beginning at 7:00 P.M. in the Lounge of the Sheridan Park Community Center located at the corner of Lebo Boulevard and Clare Avenue. Topic of discussion will be "Rezoning". President Carol Arends also commented on the "hopeful signs" for Bremerton in light of recent reports on housing trends, in addition to noting the progress of the Gateway Project in District 7. TAPE #1695 City Council Reg. Mtg. Minutes March 29, 2000 Page 2 of 3 MAYOR'S REPORT - There was no report tonight due to the Mayor's absence. LEGISLATIVE REPORT A letter from Paula Johnston, Deputy City Clerk, was read into the record in response to comments made by ROy Mclnnis regarding City Council meeting parliamentary procedures. PUI3LIC RECOGNITION Gordy Byrd discussed the seizure he experienced at the last Council meeting, and thanked everyone for his or her assistance. Don Larson announced the Sinclair Inlet Clean-Up Event on ,Saturday, April 22, 2000, and thanked Brem-Air for their service in providing dumpsters. He again discussed his idea for a "Youth Hostel". 9A - BUDGET ADJUSTMENT REGARDING IVY GREEN CEMETERY IRRIGATION PROJECT, #AB00-084: Jodi Wroblewski, Assistant Parks & Recreation Director, stated that this budget adjustment would provide for the use of a portion of Ivy Green Cemetery perpetual care monies to construct an irrigation system to reduce the ongoing maintenance labor at the cemetery, and also improve the conditions of the grounds. There were no comments from the public. #0480 M/SIC (FardLaw) Move to approve Budget Adjustment No. 00-8. Voted in Favor of Motion: Farr, Esser, Reed, McConnell, Law, Arends Opposed to Motion: Rollman 9B - BUDGET ADJUSTMENT REGARDING WARREN AVENUE PLAY FIELD PROJECT, #AB00-085: Jodi Wroblewski, Assistant Parks & Recreation Director, reported this budget adjustment would provide for the upgrade of park facilities at the Warren Avenue Play Field using grant money received from the IAC-YAF, with matching funds coming from the profits of Gold Mountain Golf Complex. Gordy Byrd asked what exactly would be upgraded. Ms, Wroblewski responded the upgrades would include a new irrigation system, drainage, and reseeding in time for next year's baseball. #0510 M/S/C/U (McConnell/Farr) Move to approve the Budget Adjustment No. 00-6. 9C - PROFESSIONAL SERVICES AGREEMENT WITH LANE POWELL SPEARS & LUBERSKY, #AB00-086: Glenna Ma!anca, City Attorney, said that the City has retained counsel to provide legal services with regards to 1-695. Upon occasion, a law firm is asked to provide services based on their expertise on current issues involving the City, and are asked to extend their services for additional time when the City is satisfied with the current services being received. To date, the City Attorney has authorized payment of $9,768.37, out of the Legal Department's 1999 budget. Also, Lane Powell Spears & Lubersky is being asked to provide additional services ending December 31, 2000, for an additional amount not to exceed $20,000. Ms. Malanca noted the City of Bremerton, along with the City of Bainbridge Island and the City of Lakewood, have been successful in their arguments regarding the constitutionality of 1-695, and currently, this matter is scheduled June 29, 2000 for argument. This Professional Services Agreement would allow the continuation of legal representation. (Additional explanation was provided to Gordy Byrd at his request). There were no other comments from the public. TAPE #1695 City Council Reg. Mtg. Minutes March 29, 2000 Page 3 of 3 #0700 M/S/C (McConnell/Reed) Move to approve professional services agreement of Lane Powell Spears & Lubersky for an amount not to exceed $20,000, ending December 31, 2000. Voted in Favor of Motion: Esser, McConnell, Law, Rollman, Farr, Arends Abstained: Reed 10A - ORDINANCE (FIRST READING) AMENDING TITLE 7 OF THE BREMERTON MUNICIPAL CODE. #AB00-087: Ted Olson, Animal Control Officer, stated that amendments to Title 7 of the Bremerton Municipal Code were necessary to clarify and address problem areas identified by Animal Control in the current code. (Gordy Byrd again asked for additional explanation. It was recommended that he obtain a copy of the full Council Packet after the meeting). There were no other comments from the public. #0800 M/S/C/U (McConnell/Esser) Move to approve Ordinance on first reading, amending Chapter 7 of the Bremerton Municipal Code. 11A - CLOSED RECORD HEARING AND RESOLUTION NO. 2747 ON APPEAL OF PLANNING COMMISSION DECISION TO ALLOW A SHORELINE CONDITIONAL USE PERMIT {CUP) FOR A U,$, NAVY/PSNS NAVIGATIONAL DREDGING AND PIER REPLACEMENT PRO,,IECT; APPELLANT: THE SUQUAMISH TRIBE, #AB00-073: President Arends again announced that this was a Quasi-Judicial Hearing, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused. John Law disclosed that he meets with the Officers of the Naval Base Association on a regular basis, and is a National Director of Emeritus to the Navy League, but was confident that he could judge this item impartially. Ed Rollman disclosed that he is also a member of the Naval Base Association, but that he too, believed he could rule impartially on this matter. President Arends then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". All Council members remained seated. President Arends further stated that because this was a CLOSED RECORD HEARING, no additional testimony would be taken, and clarified this matter was first presented to the Council on March 8, 2000, followed by a CLOSED DELIBERATION SESSION held immediately following the City Council meeting on March 22, 2000. There were no comments from the public. #0930 M/S/C/U (Farr/McConnell) Move to pass Resolution No. 2747, affirming the Planning Commission's decision to grant the permit to the Navy. With no further business, meeting adjourned at 6:05 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, Bremerton City Council President P JICAllslcg c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: April 5, 2000 ORIGINATING DEPT: Public Works/Util... PURCHASE ORDER REQUEST: RR FLATCAR ORIGINATOR: Forestry Manager,~' BRIDGE DECK FOR UPPER UNION RIVER ROAD DATE SUBMITTED: March 21. 2000 2. CLEARANCES (comment on bf~k~ry):/~ 3. EXI-11BI'I~: Director PW&U ~~ .~_~ , Bridge Specifications and Quote City Attorney . City Engineer City Treasurer ~ ~~ Purchasing Supervisor ~~~/~~'~4 Operations Committee Fiscal & Budget Committee .~. ~ ~ .~~ ENDORSEMENT /~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMYITAL: 4. SUMMARY STATEMENT AND REQU/REMENT FOR COUNCIL ACTION: Due to poor condition, the existing log bridge that provides access to the upper Union River watershed requires replacement. This stream crossing provides access for essential water supply and forest management operations. It has been determined that the most efficient and cost effective replacement structure for this site would be a re-conditioned steel railroad flatcar which is common practice for forest roads. Based on available information, there is only one source for this type structure. Skip Gibbs Company of Redwood CA provides this type of structure, fabricated to City specifications. The purchase price (over) 8. RECOMMENDATION ' Motion to approve and authorize the Mayor to sign a Purchase Order in a amount not to exceed $36,000 to Skip Gibbs Company for the purchase of a steel railroad flatcar bridge deck per specifications. 9. RESPONSIBLE OFFICIAL: Director, Public Works & Utilities ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: December 31, 2000 REVIEW DATE: NA 10. NOTICE OF ACTION E3 PULLED TABLED APPROVED DISAPPROVED AM COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 100 "" O ~ q 1 2. CLEARANCE COMME~: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued from page 1) includes cutting to specified length, installation of deck work and railings, coating with approved primer and delivery to construction site. Final specifications will be determined by the City's engineering consultants per a professional services agreement. Cost for the bridge deck is not to exceed $36,000. 5. IMPACT ON NON-PASSAGE: Dependable access for essential water supply and forestry operations will not be available. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: NA Budget: Included in the 2000 Water Utility budget and 2000 CIP. Facilities/Equipment: Upgrades Water Utility road system and infrastructure. 7. RESEARCH SOURCES: Forestry Manager SKIP GIBBS COMPANY, INC. RAILSPAN~/NEWSPANe STRUCTURES School Way @ RR, P. O. Box 260 Redwood Valley, CA 95470 707 485-5822 FAX 707 485-0860 e-mai/: bridges @ skipgibbs, com 28 February 2000 Mr. Bill McKinney Bremerton PW & Utilities 3027 Olympus Drive Bremerton, WA 98310 Dear Mr. McKinney: We appreciate your continuing interest in our Railspan bridges. Fortunately we could build you another very similar bridge 68' x 10' between rails, with added tension plate, with a rub rail. Unfortunately there is a small increase in price due to the fact that we no longer have railroad for delivery to our-shop and must truck in the structures to be able to work on them. We have the necessary flatcar available at this time, and would be able tio reserve it for you with a purchase order. We would do our best to duplicate your first bridge so that you could use them interchangeably. HJowever, you might want to check is the length of 68' is exactly what you need. I am assuming we would again use the engineering details developed by Mendocino Engineering. If there is a change, please advise. Bridge for the City of Bremerton, 68' x 10' net between rails · (1) ea. Railspan* 89' long all steel standard level flatcar bridge module, with odginal steel deck, cut to 68', · Widened to 10' between rails · CALGARY style curb rail, consisting of TS 6" x 6" x .250" posts, and TS 8" x 3" x .250" top rail, mounted 14" above finished deck surface. · Following all new steel fabrication, structures to be abrasive grit-blasted to commercial grade steel, and re-coated with a (2) coat moisture cure urethane system. Primer coat to be zinc-rich MC MioZincTM. Top coat to be of MC TarTM, tar-based moisture cure urethane. Top coat color: red oxide. All coatings are manufactured by Wasser High Tech Coatings of Kent, WA. · Connection detail materials supplied loose to secure all modules to each other when applicable, and to sub-structure as necessary. Includes (2) steel anchor plates, (2) elastomeric bearing pads. Note: Where applicable, anchor bolts & nuts to be suppfied by substructure contractor. ·Addition of 40'-0" x 20" x 1/2" high strength steel cover plate, shop welded to bottom flange of flatcar girder. · (1) ea. Delivery as close as practicable to job site, F.O.B., not including oversize load escort vehicles, where required by law. Any loose materials will be delivered at same time as bridge module(s), unless otherwise noted. Total, including! CAsales ta,~ where'~ applicable: $;3.5,490.00 Deposit; required to, begin, f alirication Terms: Purchase order;~ paYment Net 10 Notes AGENDA BII BREMERTON CITY COUNCIL 1. SUBJECT: Bid Award: FOR AGENDA OF: April 5 ,2000 Remodel of Public Works and Utilities ORIGINATING DEPT: Public Works & Utilities Building, Main Floor, Phase I, ORIGINATORz W. Hamilton, Util. Op.Mgr. 100 Oyster Bay Avenue DATE SUBMITrED: March 21, 2000 2. CLEARANCES: (comment on hack if~o).~/~,.,.~... 3. Director, Public Works/Utilities ~~ · Bid Tabulation Form City Treasurer . _.-Z._/ !~ - · Bid Proposal from Modem City Attomey ~~ ~ Builders, Inc. Purchasing Agem . ~ · Reference List Council Budget & Finance Committee X Mn¥OR COUNCm 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened for the remodel of Public Works & Utilities Building Main Floor-Phase I on March 13, 2000. Five (5) bids were received for phase I of this project (see attached bid tabulation form). The low bidder is Modem Builders, Inc., from Tacoma, Washington in the amount of $178,001 including tax. The project estimate was $200,000. The recommendation before Council is approval of the bid award to Modem Builders, Inc. in the amount of $178,001.00. 8. RECOMMENDATION: Move to authorize and direct the Mayor to execute the contract for the remodel of Public Works & Utilities Building, Main Floor, Phase I with Modem Builders, Inc. in the amount of $178,001.00 subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: pw ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: OO -- O ~O q 2. CI,EARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The remodel of the Public Works & Utilities Building, Main Floor Phase I, will not begin construction and therefore delay the expansion efforts to combine the work crew and inventory together at one central location to increase performance efficiency and better coordination within the utility. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Necessary gaffing time will be needed to oversee the construction; sufficiem funds are budgeted and exist for the remodel of the Public Works & Utilities Building, Main Floor, Phase I. 7. RESEARCH SOURCES Reference and a list of similar projects were requested and received on 3-16-00 (see attached). After review of these documents it is apparent that Modem Builders, Inc. is very capable of completing this project to the high standards that the City Of Bremerton demands. The information is very impressive. i© A S.I.N ~IIAIIAIOD (lib IVJ_OI AHVI~I~IIS PROPOSAL F:,ATE: 3/13/00 TO THE CITY COUNCIL AND CliFf CLERK. CITY, OF BREMERTON: In accordance with the plans and specifications on file in the office of the City Clerk the undersigned hereby agree(s) to: Design and construct improvements to the Public Works and Utilities Building, Main Floor, Phase 1, 100 Oyster Bay Avenue, Bremerton, Washington, pursuant to the documents titled: "Project Manual: Remodel of PuDtic Works and Utilities Building, Main Floor, Phase 1, 100 Oyster Bay Avenue, City of Bremerton. TOTAL/PROjEcT COST WRIT-TEN BID BOND ENCLOSED × ADDENDA, IF ANY, ACKNOWLEDGED ¢ Performance Will Be ~!±~'.et~' (9o) Days After Re6eipt of Notice To Proceed. Firm Name Noae]~ Su±]_de=s, T_~,~. All Proposals Must Be  In Ink or Typewritten. Address 3].14 ut.b. ?~oct. o~ st.=eet No Erasures Permitted · a¢oBa, T4A 98409-3299 Telephone Number (25~) 383-1704 .~AX Number (253) 383-].732 Preparer Name Pdnted: :Lia L. St.e~,rart., ?rojec'c :~.anager Bremerton Business License # ) 15979 IRS TIN/SS # 91-0870978 Washington State Contractor # ?40Dgl~BT181Q9 83/16/2888 23:21 253-383-1732 MODERN BUILDERS, INC PAGE 85 MODERN BUILDERS, INC. 3114 South Proctor Street Tacoma, WA 98409-3299 (253) 383-1707 Fax: (253) 353-1732 COMMERCIAL PROJECTS COMPLETED Don Bowers Building & Grounds TACOMA PUBLIC SCHOOLS 3321 S. Union Tacoma, WA 98409 (253) 571-1290 Tenant Improvements - Ongoing $ l, 160.00 -$24,432.00 Fern Hill Elementary School T?S Oakland 8422 Park Ave. S. 3319 S. Adams Tacoma, WA 98409 Tacoma, WA 98409 Tenant Improvements Tenant Improvements 1 month, $1,160.00 Construct Science Lab 2 months, $28,686.00 TPS Mary Lyons TPS Mt. Tahoma High School 101 E. 46~ St. 6229 S. Tyler St. Tacoma, WA 98404 Tacoma, WA 98409 Tenant Improvements Remodel 1 1/2 months, $10,849.99 1 month, $3,594.00 TPS Stewart TPS Willmd 5010 Pacific Ave. 3201 "D" St; Tacoma, WA 98408 Tacoma, WA 98409 ADA Upgrades Tenant Improvements 1 1/2 months, $11,856.00 2 weeks, $1,870.13 Note: MODERN BUILDERS, INC. has a 75% average utilization rate of our own labor $olllce~. 03/L~/2000 23:21 253-383-1732 MODERN BUILDERS, INC P~GE 06 Ron Troyer SAFEWAY, INC. P.O. Box 85001 Bellevue, WA 98015-8501 (425) 637-2202 SAFEWAY, INC. SAFEWAY, INC. 1624 72~ St. E. I302 S. 38~' St. Tacoma, WA 98404 Tacoma, WA 98408 Interior Improvements Interior Improvements 2 months, $45,000.00 2 months, $41,500.00 SAFEWAY, INC. SAFEWAY, INC. 1129 Harrison 1401 NE McWilliams Centralia, WA 98521 Bremerton, WA 98311 Bathroom Remodel Bathroom Remodel 2 weeks, $18,000.00 3 weeks, $30,000 00 SAFEWAY, INC. SAFEWAY, INC. 1207 S. 320~' 2411 North Proctor Federal Way, WA 98003 Tacoma, WA 98406 Interior Improvements Bathroom 2 weeks, $5,000.00 1 week, $25,000.00 SAFEWAY, INC. SAFEWAY, INC. 3903 Factoria Square Mall SE 2725 NE Sunset Blvd. Bellevue, WA 98006 Renton, WA 98056 Bathroom and Office Bathroom 4 weeks, $37,000.00 3 weeks, $22,000.00 SAFEWAY, INC. 4831 Point Fosdick Dr. NW Gig Harbor, WA 98335 Fire code upgrades 1 week, $10,000.00 03/16/2000 23:21 253-383-1732 MODERN BUILDERS. INC PAGE 07 Chuck Jcu PENINSULA SCHOOL DISTRICT Koplchuck Middle School 10414 56* St. NW Gig Harbor, WA 98332 (360) 871-0894 Tenant Improvements - Concrete Slab 2 weeks $9,750.00 John Van Incs PENINSULA SCHOOL DISTRICT 10414 56* St. Gig Harbor, WA 98332 (360) 871-089a Time Out Rooms 2 weeks, $11,668.00 Martha Turnbull SEATTLE ADA 1402 Third Avenue # 1224 Seattle, WA 98101 (206) 684-0415 ADA improvements at 7 sites 3 months, $74,000.00 03/1B/2000 23:21 253-383-1732 NOD~RN ~UILDERS, [NC PAGE 08 MBI Pro{act History Big Brothers-Big Sisters of Tacoma-Pierce County $350,000.00 Dean Wittier Reynolds $54,000.00 Key Bank of Washington - Fours Comers Branch $11,000 00 Key Peninsula Community Center $150,000.00 Safeway-38th $17,250.00 Safeway-72nd $17,000.00 TPS-Jefferson (ADA) $13,800.00 TPS-Jennie Reed $14,000 O0 TPS-Mary Lyons $10,100.00 TPS-Small Works (vadous sites) $56,500 00 TPS-Stadium $32,600.00 Weyerhaeuser-West Campus Building $600,000 00 YMCA-Camp Seymour Dining Hall $400,000.00 YMCA-Camp Seymour Environmental Center $175.000.00 Other major projects managed by MB~ Kay Personnel Federal Way School - Rainier Wew E~e $5,200,000.00 Kent School District - Kent Meridian HS $1,294,455 00 Kitsap Transit Center Admin Building $1,700,000 00 Olympia Fire Department $2,500,000.00 Tahoma School District - Cedar River $3,200,000 00 TPS-Baker School $1,032,800.00 TPS-Browns Point Elam Re-roof $686,000 00 AGENDA BILL BREMERTON CITY COUNCIL 1. ~UBJECT: MULTIBASIN CSO REDUCTION FOR AGENDA OF: APRIL 5, 2000 PROJECTS - PWTF LOAN ACCEPTANCE ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City Eng. DATE SUBMITTED: MARCH 29, 2000 2. CLEARAN~S: (Comment on back 3. EXHIBITS: ~ 1. Loan Agreement, with Attachments if necessary) ~~o~of ~u~c~ & Utilities City Treasurer ~ Co~~l,F~j.~cal_& Budget. Committee Council b~erations C~mmittee ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ 7~ ~L COUNCIL PRESIDENT ~ ~ 4. SIIMI~ARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has been awarded a Public Works Trust Fund Loan for Two Million Eight Hundred Four Thousand Two Hundred Dollars ($2,804,200.00.) This loan provides partial funding for predesign, design and construction of improvements to the Pine Road Basin, and partial funding for construction of improvements for the Tracyton Beach, East Park, and Trenton Avenue Basins. The requested action before the City Council is approval of the PWTF Pre-Construction Loan Agreement. 5. RECOMMENDATION: Move to approve the Public Works Trust Fund Loan Agreement for Two Million Eight Hundred Four Thousand Two Hundred Dollars ($2,804,200.00,) and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED []~ ~ COUNCIL DIRECTIVE: O0 -0 1 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION Continuation 5. IMPACT ON NON-PASSAGE: Funds would not be available for predesign, design and construction of the CSO reduction improvements. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OT~R RESOURCES: Staffing: No Impact. Budget: This loan agreement provides the budget for the required predesign, design and construction activities. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-00-691-009 Bremerton PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral, shall be deemed a part thereof. This contract consists often pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreemem as though set forth fully herein. In addition, ATTACHMENT Il: ATI'ORNEY'S CERTII:ICATION, is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT TRADE AND ECONOMIC DEVELOPMENT Steve Wells Name Director, Local Government Division Title Title Date Date APPROVED AS TO FORM ONLY 9th Day of March. 2000 Christine O. Gregorie Federal Taxpayer Identification Number Attorney General By: Signature On File Assistant Attorney General Jeanne A. Cushman (Print Name) 3/9/2000 (Date) Page 1 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-69100-010 PART Il: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), a department of the state of Washington, and Bremerton (referred to as the "LOCAL GOVERNMENT"). Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART Eli: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART' IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $2,804,200.00. The interest rate shall be one percent (1%) per annum on the outstanding princyal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, .2020. 4.02 Local Proiect Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty percent (30%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rote, as appropriate. Local project share' must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE THE LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. Page 2 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-69100-010 4.03 Disbursement of Loan Proceeds Warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed seventy percent (70%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMEqT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contract for engineering services. At the time of project completion} a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the BOARD by the LOCAL GOVERNlViENT certifying total actual project costs. The Close- out Report shall include copies of the approved closure reports from the Department of Revenue and the Deparhnent of Labor & Industries. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of seventy percent (70%) of the eligible project costs or the total of $2,804,200.00 whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The Close-out Report shall serve as a contract AMENDMENT for determining the f'mal loan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the Department of Community, Trade and Economic Development, or its successor, within thirty (30) days of submission of the Close-out Report. 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay any part of eligible project costs that are in excess of ATI~ACHMENT I: SCOPE OF WORK estimates, if there is an overrun of project costs. Page 3 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-691004) 10 The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTAC~T I: SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than thirty-six (36) months after the date of agreement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a t~o-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. · 4.06 Repayment The first loan repayment under this agreement is due July 1, 2001, and subsequent installments are due on July 1 of each year during the term of the loan. The fwst repayment under this agreement shall consist of interest only at the rate of one percent (1%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The f'mai payment shall be an mount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the fight to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the mount normally due on an annual basis. Page 4 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-69100-010 The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Department of Community, Trade and Economic Development, or its successor, and sent to: Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repawnent Account The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation revenues, or a combination thereof. The name of the fund, account, or sub-account shall be 4.08 Default in Repayment Loan repayments shall 'be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty Will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the BOARD may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the BOARD to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. Page 5 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-69100-010 '23 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. 1. General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. ~ Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility at~er the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL .GOVERNMENT the fight to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water ~ Sanitary Sewer (Wastewater) Stormwater ~ Water/Sanitary Sewer ~ Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-69100-010 4.10 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State Shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a period of six yca.m from the date of project close-out. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement: Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.14. 4.12 Indenmification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and' the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising fi-om the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications, and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. 4.14 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan agreement, the BOARD may declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. Page 7 2000 PWTF Construction Loan Agreement Pfin~d o~,~5 CTED C0n~actNumberS00~9100~10 4.15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNMENT. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATrACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD: 1. A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. Page 8 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-69100-010 4.19 Project Close-Out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with the Department of Revenue and the Depastment of Labor & Industries requirements by their contractor(s). 4.20 Audit Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Depa~ U~ent of Community, Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project, 4.22 Utilization of Minority and Women's Business Enterprises (MWBE) In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the BOARD encourages participation by Minority and Women's Business Enterprise £wms certified by OMWBE. Voluntary goals for participation are: Construction/Public Works 10% MBE 6% WBE Architect/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE " 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE 4.23 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Page 9 2000 PWTF Construction Loan Agreement Printed c~7 CTED Contract Number S00-69100-010 4.24 Historical and Cultural Artifacts The LOCAL GOVERNMENT agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall mediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE: SCOPE OF WORK. PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43'.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. Page 10 2000 PWTF Construction Loan Agreement Printed ~ ~ CTED Contract Number S00-69100-010 PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK PW-00-691-009 City of Bremerton (Jurisdiction) Multibasin CSO Reduction Projects (Project Title) 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): The project is for the development of a Facility Plan (Engineering Report), design improvements, secure permits, prepare construction documents and construct CSO reduction facilities for Pine Road Basin, and conslnmt CSO reduction facilities for three other basins in East Bremerton; including Tracyton Beach, East Park, and Trenton Avenue Bas~ Should funds remain following construction of improvements for these basins, the remaining funds will be used to construct CSO reduction facilities within other adjacent CSO basins, or to construct facilities to allow cleaning of the beachmain and inverted siphons, or for partial funding of treatment plant improvements. The locations of the various basins and the beachmain are shown on the attached map. The construction will reduce CSO overflows to a frequency of no more than one per year per ouffall in accordance with State Regulations. 2. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: N/A years. 3. I, Thomas E. Knucke¥ , licensed engineer, certify that the average expected useful life for the improvements described above is 50 years. Signed~~- Date: / lit //~0 Telephone: C:\PROJECTS\Multibasin CSO\PWTF Multibasin Loan SOW.doc Scope of Work Page Two Estimated Proiect Costs: Total Expansion Repair or or Growth Replacement Preliminary Engineer Report $ 80,000 $ 0 $ 80,000 Design Engineering $ 150,000 $ 0 $ 150,000 Bid Document Preparation $ $ $ Environmental Studies $ $ $ Land/R-O-W Acquisition $ $ $ Sales or Use Taxes $ $ $ Other Fees $ $ $ Construction Inspection $ 185,000 $ 0 $ 185,000 Start-up Costs $ $ $ Financing Costs $ $ $ Contingency ( %) $ $ $ Construction $ 3,871,000 $ 0. $ 3,871,000 TOTAL ESTIMATED COSTS $ 4,286,000 $ 0 $ 4,286,000 Anticipated Fund Sources: A. Federal Grants $ 0 State Grants $ 0 B. Locally Generated Revenue General Funds Capital Reserves $ Other Fund Rates $ 1,481,800' Assessments (Lin, Pa:D, rolm) Special Levies $ Federal Loan(s) from: (identify all) State Loan(s) from: (identify all) 'The City intends to apply for SRF $ Funding to reduce rote revenue to $0. $ Other: (identify sources) $ $ TOTAL LOCAL REVENUE $ 1,481,800 C. PUBLIC WORKS TRUST FUND LOAN $ 2,804,200 30' C:\PROJECTS~Multibasin CSO~PWTF Multibasin Loan SOW.doc Scope of Work Page 3 Calculating Local Percenta. ge.,: Notes: 1. Expansion/Growth costs are not eligible for PWTF funding. Please exclude any expansion or growth related costs and funding before calculating the local percentage. '2. Grant funds can not be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue = Local Percentage 35% The local contribution must be at least: Ten percent (10%) for a loan interest rate of 3% Twenty percent (20%) for a loan interest rate of 2% Thirty percent (30%) for a loan interest rate of 1% C:\PROJECTS\Multibasin CSO\PW-i'F Multibasin Loan SOW.doc Public Works Trust Fund ATTACHMENT I1: ATTORNEY'S CERTIFICATION I, , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, . empowered to receive and expend federal, state and local ~funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to aCCept the Public WoWs Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to · litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address AGENDA BILL BREM~RTON CITY COUNCIL 1. S~JECT: CALLOW AVE~E BASIN FOR AGE~A OF: APRIL 5, 2000 PRIORITY 3 & 5 CSO REDUCTION - PWTF ORIGINATING DEPT: Public Works & Utils LO~ ACCEPT~CE ORIGINATOR: R. Witt, City Eng. DATE S~MITTED: MARCH 29, 2000 2. CLEABAN~S: (Comment on back 3. E~IBITS: f 1. Loan Agreement, with Attachments necessary) ~il-F_~al & Budget Committee ~0~-~ep~ati~omm~ttee ENDORSEME~ ~ INFORMATION [] APPROVED BY COUNCIL PRESIDER FOR S~MITT~: ~YOR ~ ~- ~ , ,, CO~CIL PRESIDENT ~ ~~~_~ 4. SUMMARY STATEME~ AND REQUIREME~ FOR COUNCIL ACTION: The City has been awarded a Public Works Trust Fund Loan for Four Million One Hundred Ninety-Five Thousand Eight Hundred Dollars ($4,195,800.00.) This loan provides partial funding for construction of improvements for Priorities 3 and 5 of the Callow Avenue Basin. The re~ested action before the City Council is approval of the PWTF Pre-Construction Loan Agreement. 5. RECO~ENDATION: Move to approve the Public Works Trust Fund Loan Agreement for Four Million One Hundred Ninety-Five Thousand Eight Hundred Dollars ($4,195,800.00,) and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCE~ OFFICIAL: Director Pub Wks & Util EXPIATION DATE: R~IEW DATE: 10. NOTICE OF ACTION COUNCIL DIRECTIVE: 00- 0 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Funds would not be available for construction of the CSO reduction improvements. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffinq: No Impact. Budqet: This loan agreement provides the budget for the required construction activities. Facilities/Equipment:. No impact. 7. RESEARCH SOURCES: PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-00-691-010 Bremerton PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the PUBLIC WORKS BOARD and the LOCAL GOVERNMENT and no other statements or representations written or oral, shall be deemed a part thereof. This contract consists often pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTWICATION,. is by this reference incorporated into this agreement. The PUBLIC WORKS BOARD and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, LOCAL GOVERNMENT TRADE AND ECONOMIC DEVELOPMENT Steve Wells Name Director, Local Government Division Title Title Date Date APPROVED AS TO FORM ONLY 9th Day of March, 2000 Christine O. Gregorie Federal Taxpayer Identification Number Attorney General By: Signature On File Assistant Attorney General Jeanne A. Cushman (Print Name) 3/9/2000 (Date) Page 1 2000 PWTF Construction Loan Agreement Printed '-~ff----~ CTED Contract Number S00-69100-011 PART H: INTRODUCTION This loan agreement is made and entered into by and between the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), a depm~ent of the state of Washington, and Bremerton (referred to as the "LOCAL GOVERNMENT"). Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART m: PURPOSE The BOARD and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and al! applicable state and local laws and ordihances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMs AND CONI~ITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $4,195,800.00. The interest rate shall be one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the f'mal payment due July 1, 2020. 4.02 Local Proiect Share The LOCAL GOVERNlV[ENT pledges an amount of locally-generated revenue not less than thirty percent (30%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Local project share must. consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATTACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE ~ LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. Page 2 2000 PWTF Construction Loan Agreement Printed ~(~ CTED Contract Number S00-691004311 4.03 Disbursement of Loan Proceeds Warrants shall be issued to the LOCAL GOVERNMENT for payment of allowable expenses incurred by the LOCAL GOVERNMENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed seventy percent (70%) of the eligible actual project costs. The disbursement of loan 'proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal execution of this agreement, a sum not to exceed fifteen percent (15%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT. Within thirty (30) days of the execution of a Notice to Proceed which follows the formal award of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT, except in the case of engineering services contracts. If the approved project described in ATTACHMENT I: SCOPE OF WORK is solely for the completion of engineering studies, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the fermal award of a contract for engineering services. At the time of project COmpletion, a Close-out RepOrt, (refer to Section 4.19 for Close-out Report), shall be submitted to the BOARD by the LOCAL GOVERNMENT certifying total actual project costs. The Close- out Report shall include copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries. .The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of seventy percent (70%) of the eligible project costs or the total of $4,195,800.00 whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close-out documents from the Depmhnent of Revenue and the Department of Labor & Industries. The Close-out Report shall serve as a contract AMENDMENT for determining the final loan mount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy percent (70%) of eligible costs, all funds in excess of seventy percent (70%) shall be repaid to the Department of Community, Trade and Economic Development, or its successor, within thirty (30) days of submission of/he Close-out Report. 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on Public Works Trust Fund Monies held by the LOCAL GOVERNMENT shall accrue to the benefit of the LOCAL GOVERNMENT. and be applied to the eligible costs of the approved project.' Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay any part of eligible project costs that are in excess of ATrACHMENT I: SCOPE OF WORK estimates, if there is an overrun of project costs. Page 3 2000 PWTF Construction Loan Agreement Printed ~ CTED Contract Number S00-69 ! 004) 11 The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three months after loan agreement execution, and reach project completion no later than thirty-six (36) months after the date of agreement execution. Failure to perform within the-time frame described in the preceding paragraph may constitute default of this agreement and require the immediate repayment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERNMENT may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment The first loan repayment under this agreement is due July 1, 2001, and subsequent installments are due on July 1 of each year during the term of the loan. The first repayment under this agreement shall consist of interest only at the rate of one percent (1%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received. Interest will begin to accrue from the date each warrant is issued to the LOCAL GOVERNMENT. Subsequent repayments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the fight to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rote than is provided in this agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. Page 4 2000 PWTF Consmaction Loan Agreement Printed -'~ ~'~ CTED Contract Number S00-69100-011 The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Depa~i~nent of CommUnity, Trade and Economic Development, or its successor, and sent to: Deparhuent of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repayment AccoUnt The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation revenues, or a combination thereof. The name of the fund, account, or sub-account shall be 4.08 DefaUlt in Repayment Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-fu-~t (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the BOARD may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the BOARD to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the BOARD in any action undertaken to enforce its fights under this section. Page 5 2000 PWTF Construction Loan Agreement Printed ) CTED Contract Number S00-691004) 11 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. I. ~ General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2... Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made fxom the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the-LOCAL GOVERNMENT the fight to issue future bonds and notes that constitute a lien and charge on net revenue superior to the. lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water ~ Sanitary Sewer (Wastewater) Stormwater ~ Water/Sanitary Sewer ~ Stormwater/Sanitary Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 2000 PWTF Construction Loan Agreement -0 Printed CTED Contract Number S00-69100-011 4.10 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the fight to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, ororganizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a period of six years from the date of project close-out 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.14. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications, and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may reqUest an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. 4.14 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan agreement, the BOARD may declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. Page 7 2000 PWTF Construction Loan Agreement Prin~cd 1 CTED Contract Number S00-69100-011 4.15 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not allocated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the LOCAL GOVERNIVIENT. 4.16 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The BOARD will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the BOARD: 1. A description of the actual work performed, in addition to a certified statement of the acVaal dollar amounts spent, from all fund sources, in completing the project as described. 2. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 3. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. Page 8 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S0049100411 4.19 Project Close-Out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the fiual ten percent (10%) of the loan amount. This disbursement shall not occur prior to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with the Department of Revenue and the Department of Labor & Industries requirements by their contractor(s). 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may prescribe: Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Signs If the LOCAL GOVERNMENT displays, during the period covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Utilization of Minority and Women's Business Enterprises (MWBE) In accordance with legislative findings and policies set forth in Chapter 39.19 RCW, the BOARD encourages participation by Minority and Women's Business Enterprise finns certified by OMWBE. Voluntary goals for participation are: Construction/Public Works 10% MBE 6% WBE Architect/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE 4.23 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the BOARD. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Page 9 2000 PWTF Construction Loan Agreement 43 Prin d CTED Contract Number S00-69100-011 4.24 Historical and Cultural Artifacts The LOCAL GOVERNMENT-agrees that if historical or cultural artifacts are discovered during construction, the LOCAL GOVERNMENT shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at the Washington State Office of Archeology and Historic Preservation. The LOCAL GOVERNMENT shall require this provision to be contained in all contracts for work or services related to ATTACHMENT ONE: SCOPE OF WORK. PART V: SPECIAL ASSURANCES The LOCAL GOVERNME2qT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 WAC 399-30-030{3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. Page 10 2000 PWTF Construction Loan Agreement Printed CTED Contract Number S00-691004)11 045 ~ FEB ~ '00 13:34 PUBLIC WORKS TRUST FUND ATTAINT 1: SCOPE:OF WORK PW-00.-691-010 (lurisdiaion) !~a~ow B~zin CSO ~i~ ~ C~n~c~ 1..Provide a cl¢~ ~pa~ of~o pmj~t to ~ ~¢cd ~ p~ by a ~bli¢ Wo~ T~st F~ lorn. (A~ch ad~fi~ ~ee~ if~): ~ co~on ~ ~ ~ W~. No~ ~ ~l Way s~. ~ ~0 r~flon ~jmt h~ of ~ o~ pmj~. ~ ~ ~e ~u~ of ~ ~ to one ~ y~ ~ ouff~ ~ 2. The te~m ofthi~ loan will b~ based on an eng/neer's certification of the expected useful Life of the improvements, as statedzbelow, or 20 years, whichever/s less. If the local government prefers the term of its loan f'o be tess than either 20 years or the useful life of thc improvements, the preferred loan terra should be indicated: , N/A , years 3. I, .... Thomas E. Knuckev . licensed enginetr, certify that the average expected useful life for the improvemen~ de.-ri'bcd above is .$0 yea~. --- .... C:\PROJECTS~Iu~ba.~in CSO~WI'F Callow 3&5 SOW.doc 0~ ~ ~ 09 '~B 13:34 Scope of Work P~g~ Two Total Expausion Repair or or Growth Prelimiuary E,ugiucer Report Desi~ Engiaeeri~g $ 500,000 $ 0 $ 50070~ Bid Dooumeat lh~paration $ $ $ Euviroumeutal Studies $ 15,000 $ $ 15 000 L~d~-O-W Aca~uisidon $ $ $ Sal~s or U~e Taxes $ $ $ Otl~ Fee~ $ $ $ ~on Inap~¢6on $ · 112,000_ $ 0 $ ,, l~2tO00 Su~rt-up Costs $ $ $ F!~eing Costs $ $ $ . Conti:nS~cy (= %) $ $ $ Com'tru~on $ 8,255.000. $ 0 $ 8,258.000 TOTAL ESTIMATED COSTS $ 8,9~,~00 Anticipated Fund Sources: A. Fcder~ Gr~s ' S 0 State Gnmt~ ;.' $ 0 B. Locally C~nerated Revenue General Funds Capitol Reserves $ I~t~s $. A~sessments $ (Lin, RID, ULID) Special Levi~s $ Federal Lo~n($) ~xrm: (identify ~11) $ State LoanO) from: (identify ail) WA State DOE - SRF $ ~ 575,.090 ' The City intenc~ to apply for additional 8RF Rmding to reduce rate revenue to $0. Other:. (identi~ soumes) $ $ TOTAL LOCAL REVENUE $ .... 4,?~.,200 ¢. PUBLIC WOI:LK$ TRUST ~ LOAN $ d,,195,800 C:~ROJECTSWlultlbasin C$OVOWTF Callow Scope of Work Page $ CalcuhOng Local PerceMa_~e: Notes: 1. Expansion/C,~owth costs a~ not eligible for PW'Fg funding. Pica,se exclude auy expe~ion or growth ~cht~i costs and funding beforc c~culating ~e local percentage. :2. Or-ant funds c~m not be counted as local match. C'alcu~t~ ~s followr Total Local Revenue ?WTF Loan + To~al Loc~ Revenue - Local Percenl~ge _ 46.8% , The local contribution mus~ be ai lc~t:. Tea p~t (10%) f~ a !~ ~~ of 3% ~ ~ ~) for a I~ ~ m~ of 2% ~ ~ (~0%) for a 1~ ~ ~e of 1% c:~ROJECTS"qvlutl/basin CSO',PWI'F C~[Iow 3&5 SOW.doc Public Works Trust Fund ATTACHMENT I!: ATTORNEY'S CERTIFICATION I, , hereby certify: .I. am an attorney at law admitted to practiCe in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating' under the laws of the State of Washington, empowered tO receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set'forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund finanCial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. -There is currently no litigation iq~existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from 'repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan onthe terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attomey Date Name Address AGENDA BILL 5~C~c~ BREMERTON CITY COUNCIL 1. SUBJECT: oe 47ol FOR AGENDA OF: ~, 2000' ~ending Chapter 7 of the Bremerton ORIGINATING DEPT.: Police Department Municipal Code ORIGINATOR: Teri Olson, ACO DATE SUBMITTED: March 22, 2000 2. CL~CES: (Comment on back if necessary) 3. EXHIBITS: ~C~ ~ B~G~T CO~ITTEE ~ ENDORSEMENT [ ] INFO~ATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: ~YOR ~~ COUNCIL PRESIDENT ~~ :~~~ 4. SUMM/tRY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Amendments to ~ 7 of the Bremerton Municipal Code to clarify and address problem areas identified by Animal Control in the current code. 8. RECOMMENDATION: .-hos / -~ Ordinance No. hmending Chapter 7 of the Bremerton Municipal Code; C~ ~ ~e~i~. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION D~AiE..~~ PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: CHAPTER 7 - Agenda Disk - 3/21/00 5. IMPACT OF NON-PASSAGE: Animal Control will continue to work under the current codes but without authority to serve the public in the areas that the amendments address. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: CHAPTER 7 - Agenda Disk - 3/21/00 ORDINANCE NO. AN ORDINANCE regarding Animal Control and amending Chapters 7.04, 7.05, 7.06, 7.07, and 7.08 of Title 7 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Chapter 7.04 GENERAL PROVISIONS of the Bremerton Municipal Code, Section 7.04.200 shall be amended as follows: 7.04.200 DEFINITION. As used in this title, except where a different meaning is plainly apparent from the context, the following definitions apply: (a) "Abandon" means the act of leaving an animal in a situation where the conditions present an immediate, direct and sedous threat to the life and safety of the animal. (b) . "Allow" means to .permit by ne~lectin~ to restrain or prevent. (c~ "Animal control authority" means the Bremerton Police Department, acting alone or in concer~ with other municipalities for the enforcement of the animal control laws of the city and state for the shelter and welfare of animals. (d)i~ "At large" or "running at large" means to be off the premises of the custodian and not physically restrained by the custodian or by a person authorized by the custodian. (e)~ "Custodian" means a person who owns, keeps, harbors, or maintains an animal. ~ "Dangerous dog" means any animal that according to the records of the animal control authority (i) inflicted severe injury on a human beinq without provocation wh,le on pub,,c or pnvate property ..:.:+:+...:.:.~.~,,:.:.~.:~,,: ..-:~<~,,x< `.~:`:.:.:.:.:<<``~+~:`::.~:>~:+:~:..~.:.:.:.:.!<~.:.:.:~.:.:~:~:~....:.:.:.:~:.~`..::~:~`~:::::.~:``::.~.::`.:~ '::,'~.'.~,'~::::-.'::~,~. :.-',*'-.~.:.., ,'.:~" !~.;;.':-~.,:"~,<: i~:. ~.~:~:i~'~,~::."~ :~'..:~, .'::.': :>.'," .:.-.~A~:.. "."..~:~'-":*,'~,':,': ~.~.:.::~:~:~:i:::::~::::m::~::.'.~:.~::::::~'.,-.-'::;:~..'.::.'.-'. .... ' .... . ': .......... : .... ~~~[~~~~ or (il) has killed a domestic animal without provocabon while off the owner's property: ~:~:~ -'~::~:~.'>:::.-~->.~:,~' .,~ ~:~::~`~::~``:~:`~`~Z~`~:.~:~:~`~::~::::~`::~;:~```:~::::``~".~..~:~::~:::::::::~i~::~:~:~i~::~ .... .:......~:,-.. :......~.,:.....:.: ..... :......~>~ ......... ~:....~.:. ~~.~i~..'.:~.~~~ or (I,) has been p.rewously found to be potentially dangerous, the owner havin.q received notice of such potential and do.Cl subsequently aggressively bites, attacks, or endan.qers the safety of humans or ~_q)~[~ "Detain" means to place an animal in custody. ~_~["~ "Disposed of in a humane manner" means euthanized by a lethal dose of sodium pentobarbital or adoption. ~/Jl~ "Domestic animal" means any animal, except livestock, commonly kept as a household pet that lives and breeds in a tame condition. (j) "Feral Cat" means a cat that is not able to be approached or handled by a human and has no evidence of an owner. (k)~ "Fowl" includes chickens, roosters, geese, and ducks. (I)'~.' "Harboring" means feeding, sheltering or confining for more than 24 hours on the property one owns, occupies, or controls. (m)~ "Holding period" means 72 hours, commencing at the close of a regular business day on the day of detainment, excluding days the City animal shelter is not open to the public. (n)~ "Household Pets" means dogs, cats, ferrets, rabbits, pigeons, mice, hamsters, gerbils, parakeets, canaries, finches, and other similar exotic birds, reptiles, amphibians, fish and other similar animals kept for companionship or for personal enjoyment not otherwise prohibited by BMC 7.08.100 (k). (o)'[~ "Leash" includes a strong cord, thong, or chain not more than eight feet (8') in length by which an animal is controlled by the person accompanying it. (p) "Potentially dangerous doq" means any dog that when unprovoked; (1) Inflicts a bite or bites upon a human or a domestic animal either on public or private property, ...or (2) Chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacinq fashion or apparent, attitude of attack, or any do.q with a known propensity, tendency, or disposition to attack unprovoked, to cause iniury, or otherwise to threaten the safety of humans or domestic animals. Further delineation under section 7.07.025. (q~:~ "Proper enclosure", unless otherwise provided herein, means building, pen, or other structure suitable to prevent the entry of animals or young children, to prevent the animal from escaping, and to provide protection from the elements. (r) "Stray" means any dog, cat, or animal appearing or remaining in a neighborhood or any public place without an apparent owner or home. ~ "Trespassing" means any animal, which enters upon the property of another person, without the authorization of the lawful occupant. Section 2. Amendment. Chapter 7.05 ADMINISTRATION of the Bremerton Municipal Code, Section 7.05.100, shall be amended to read as follows: 7.05.100 COMPLAINT FILING AND INVESTIGATION. The animal control authority shall keep records relating to seizure, impoundment, violations, and complaints concerning animals, and records of dangerous and potentially dangerous dogs. Bremerton police officers or animal control officers shall investigate citizen complaints regarding animals, issue citations for violation of this title, and make 2 initial determinations as to dangerous or potentially dangerous dogs. Any citizen may request that a particular dog be declared dangerous or potentially dangerous by filing an affidavit or certified statement setting forth all pertinent known information about such animal with the animal control division of the police department. Section 3. Amendment. Chapter 7.06 DOG AND CAT LICENSING of the Bremerton Municipal Code, Section 7.06.300 shall be amended to read as follows: 7.06.300 ISSUANCE OF LICENSES. The City Treasurer or animal control authority shall issue licenses to persons applying therefor upon payment of the license fee and to issue a tag for each dog or cat licensed. The license application shall be dated and numbered and shall bear the name of Bremerton, Washington, the name and address of the owner or custodian of the dog or cat licensed, the name of the dog or cat, and a description of the dog or cat including its age and sex and include a certification that the dog or cat has been vaccinated as required by BMC 7.06.100. The tag shall bear the name of Bremerton, Washington, a sedal number corresponding with the number of the license application, and the date of expiration. Every dog and cat shall be required to wear a collar or harness with a current license attached. Dogs ~ without current license tags may be impounded. Section 4. New Section. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code shall add a new section to read as follows: 7.07.025 POTENTIALLY DANGEROUS DOGS (a) The followinq levels may be used by animal control to define and requlate a potentially dangerous dog: (1) Level 1. A doq is Level I potentially dangerous when, without provocation, it chases or approaches a person upon any property other than the doq's owner's property in a menacinq fashion or apparent attitude of attack. (2) Level 2. A doq is Level 2 potentially dangerous dog when it causes injury to or otherwise threatens the safety of a human or domestic animal. (3) Level 3. A dog is Level 3 potentially dangerous dog when it bites a human or domestic animal. (b) Restraint of potentially dangerous dogs. The animal control may place the following restraints upon potentially dangerous dogs: (1) A Level I potentially dangerous dog, whenever outside of the owner's residence and not on a leash, shall be restrained by a physical device or structure that prevents the doq from reachinq a public sidewalk, easement, right-of-way, road, or adjoining property, and must be located where the doq does not interfere with legal access to the owner's property. (2) A Level 2 potentially dangerous doq must comply with the restrictions on a Level 1 potentially dangerous dog, and in addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance as defined in RCW 16.08.080. The owner may be required to complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program shall be paid by the owner. (3) A Level 3 potentially dangerous dog shall be confined within a secure enclosure as defined by BMC 7.07.435 whenever the doq is not inside the owner's residence. The secure enclosure must be located where it does not interfere with the public's legal access to the owner's property. In addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance as provided in 7.07.425 of this code. The owner shall not permit the doq to be outside the secure enclosure or off the owner's property unless the animal is humanely muzzled and restrained by an adequate leash and under the control of a capable person. In addition, the owner must complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program must be paid by the owner. The Level 3 potentially dangerous doq must be registered as provided for in 7.07.400 of this code. Failure on the part of the owner to abide by the restraints placed upon the potentially dangerous dog by the animal control may result in impoundment of the potentially dangerous dog by animal control as provided in 7.07.525 of this code. Section 5. Amendment. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code, Sections 7.07.100, 7.07.200, and 7.07.300, shall be amended to read as follows: 7.07.100 DECLARATION AND NOTICE. Whenever the animal control officer determines, by his or her records or upon investigation, that a dog should be classified as potentially dangerous or dangerous, the officer shall enter such declaration in his or her records and shall personally serve or serve by certified mail, return receipt requested, to the address listed on the animal license within seven days of the declaration beinq made, to the custodian of such dog, informing the custodian of the applicable laws and ordinances. Service, if by mail, shall be considered completed three days after mailinq of the notice. If the custodian is unknown, an animal control officer shall make reasonable efforts to notify the custodian of the officer's written declaration. Such written notice shall include: (a) A description of the dog; (b) The name and address of the alleged custodian of the dog; (c) The whereabouts of the dog if not in the actual control of the custodian; (d) The facts, incident(s), and date(s) upon which the declaration is based; (e) The procedure allowed by law to contest such classification; (f) The penalties for violation of restrictions pertaining to that classification. A dog shall not be declared dangerous or potentially dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a trespass or other tort upon the premises occupied by the custodian of the dog, was committing a crime against the custodian, was teasing, attacking or harming the dog, or has in the past been observed to have teased, attacked or harmed the dog. 7.07.200 HEARING. The custodian of a dog declared ...p.....o...t...e.~0.....t.!.~lly dangerous or dangerous, may file a written request within seven (7) working ~ days from the date of receipt of such notice for a hearing before the Supervisor of Bremerton Animal Control (hereinafter Supervisor) or his or her desiqnee as the hearinq officer. The hearinq officer shall be someone who did not participate in makinq the potentially dangerous or dangerous doq determination. The owner or custodian's appeal must be in writinq and shall be filed with Animal Control. 4 (a) Headnq before Supervisor. Upon receivinq the written notice of appeal the Supervisor shall promptly schedule an appeal headng and provide wdtten notice of the headn,q before the Supervisor. The Animal Control shall have the burden of proving that the dog is potentially dangerous or dangerous by a preponderance of the evidence. The Supervisor shall issue a wdtten decision to the appealing dog owner or custodian that either sustains or reverses the animal control officer's declaration. The decision by the Supervisor shall be the final decision of the Bremerton Animal Control. If the declaration is sustained, the appealing dog owner or custodian shall be notified of th~, d_aht to appeal. (b) Appeal of Supervisor's Decision. An owner or custodian of a doq declared potentially dan§erous or dangerous by the Bremerton Animal Control may appeal the declaration if the Supervisor sustains the animal control officer's declaration. A written appeal shall be filed pursuant to BMC 2.62.045 within seven (7) workin,q days after the date of the SupervisoCs written decision. 7.07.300 FAILURE TO CONTROL A DOG DECLARED POTENTIALLY DANGEROUS LEVEL 1 and 2; DECLARATION OF DOG AS DANGEROUS. ., .,.., (a) Misdemeanor. After a dog is declared potentially dangerous level I or 2, ~'~ the custodian of the dog shall be guilty of a misdemeanor if such a dog again (i) bites, chases or attacks a human or a domestic animal either on public or private property or (ii) chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack, or (iii) causes injury to or otherwise threatens the safety of humans or domestic animals. Th!s (b) Declaration of a Doq as Dangerous. If the owner and/or custodian of potentially dangerous dog is found guilty of violating subsection (a) of this section, the municipal court shall make a further determination as to whether the dog should be declared danqerous. (c) In addition to citinq the custodian for violation of this chapter, the animal control officer shall immediately impound any potentially dangerous dog pursuant to BMC 7.07.525 of this code. (d) If any do.q declared dangerous or potentially dangerous cannot be impounded, such dog may be slain by any police officer or animal control officer. Section 6. Repeal and Replace. Chapter 7.07 DANGEROUS DOGS Section 7.07.350 of the Bremerton Municipal Code shall be repealed and replaced as follows: 7.07.350 FAILURE TO CONTROL A DOG DECLARED DANGEROUS OR POTENTIALLY DANGEROUS LEVEL 3 - PENALTIES (a) Any dangerous or potentially dangerous Level 3 doq shall be immediately impounded pursuant to BMC 7.07.525 by an animal control officer if the: (1) Dog is not validly reg, istered under this chapter; (2) custodian does not secure the liability insurance coverage required under this chapter; (3) doR is not maintained in the proper enclosure; (4) dog is outside of the dwelling of the custodian, or outside of the proper enclosure and not under physical restraint of the responsible person; (5) the dog (i) bites, chases, or attacks a human or a domestic animal either on public or pdvate property or (ii) chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack, or (iii) causes injury to or otherwise threatens the safety of humans or domestic animals. In addition, the custodian shall be guilty of a gross misdemeanor. Section 7. Amendment. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code, Sections 7.07.400, 7.07.425, 7.07.430, 7.07.435, and 7.07.525 shall be amended to read 7.07.400 REGISTRATION OF DANGEROUS OR POTENTIALLY DANGEROUS DOGS REQUIRED. (a) The custodian of a dog declared to be dangerous or potentially danRerous Level 3, shall register the dog within fifteen (15) days of the declaration with the animal control authority; it is a misdemeanor for a custodian to have a dangerous dog or potentially dangerous Level 3 dog within the City of Bremerton without a valid certificate of registration in effect from the animal control authority. (b) The annual registration fee for a dangerous or potentially dangerous Level 3 dog is $100.00. This fee is in addition to the regular licensing fees. The initial registration fee shall be prorated according to the number of months remaining in the registration year. A certificate may be renewed without additional fee upon a custodian's change of address if the custodian provides the animal control officer with evidence that all conditions necessary for the issuance of a valid certificate of registration are met at the new address within seven (7) days of that change. 7.07.425 REGISTRATION - GROUNDS FOR ISSUANCE. The animal control officer shall issue a numbered certificate of reqistration, in a form to be provided by the officer, to the custodian of a potentially dangerous Level I or Level 2 do,q. The animal control officer shall issue a numbered certificate of registration to the custodian of a dangerous or potentially dangerous Level 3 dog if the custodian presents to the officer sufficient evidence of a proper enclosure to confine such animal and the posting of the premises with a clearly visible warning sign that such animal is on the property. As an altemative to confinement within a proper enclosure, as that phrase is defined in BMC 7.04.200(n), a dangerous dog or potentially dangerous Level 3 dog may be confined indoors subject to BMC 7.07.430. An animal control officer shall make an on-site inspection of the applicant's site for keeping the dangerous or potentially dangerous Level 3 dog to ensure that the site is properly enclosed and posted. Such inspection shall occur within fifteen (15) ~i~. days of the animal being declared dangerous or potentially dangerous Level 3. In addition, the custodian shall conspicuously display a sign with a warning symbol that informs the public of the presence of such animal, and provide either: (c) A surety bond in a form acceptable to the City's Risk Manager in the sum of at least $500,000.00, payable to any person injured by the dangerous or potentially 6 dangerous Level 3 dog and containing a provision that the bond may not be cancelled, terminated, or allowed to lapse without ten (10) days prior written notice to the animal control authority; or (d) A policy of liability insurance, such as homeowner's insurance, in the amount of at least $50,000.00, insudng the custodian for any personal injudes inflicted by the dangerous dog or potentially dangerous Level 3 dog. Such policy shall contain an additional provision requiring the insurance carder to notify the City within thirty (30) days of any cancellation, termination, or expiration of such liability insurance. 7.07.430 CONFINEMENT INDOORS. No dangerous dog or potentially dangerous Level 3 do.q shall be kept on a porch, patio, or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such animal shall be kept in a house or structure where the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. 7.07.435 PROPER ENCLOSURE REQUIRED. The custodian of any dangerous or potentially dangerous Level 3 dog shall provide a locked enclosure with six (6) feet high sides and a secured top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. Such a structure must be constructed of chain-linked fencing or other material of such strength and construction that the dog cannot chew through or break or dig out of the enclosure. Any gates or entrances to the structure must be of similar construction and the entire structure must be so designed so that the dog cannot get out. The area of enclosure shall be no less than 225 square feet, with no less than 15 feet per side. The enclosure shall be set back at a sufficient distance or so covered that the dog does not have visual access to a public right-of-way. 7.07.525 IMPOUND OF DANGEROUS AND POTENTIALLY DANGEROUS DOGS -~~:'"'" '*'~ ............... '"~'":'~ ................ - CONDITIONS- PENALTIES FOR CUSTODIANS OF DOGS WHICH ATTACK- HEARINGS ....... *~'" !i~bi!it¥ = ....................... ~'~'~ under ~-;o "~-'--'*-'-' (3) dog (a) In the event that a danqerous or potentially dangerous dog is impounded pursuant to this section, a headng shall be held within ten (10) business days by the Supervisor to determine whether the doq should be returned to the owner or custodian, forfeited by the owner or custodian, or. euthanized by the animal control. Notice of the hearing shall be by personal service or by regular and certified mail, return receipt requested, to the address listed on the animal license. Service, if by mail, shall be considered completed three days after mailing of the notice. If the custodian is unknown, an animal control officer shall make reasonable efforts to identify and personally serve the owner or custodian. No doq shall be released to the custodian or owner until all applicable impound fees and daily boarding fees are paid. An owner may prevent the dog's destruction by taking the following steps within seven (7) days of the Supervisor's decision: (a) petitioning the headngs examiner for the animal's immediate retum subiect to court imposed conditions, and (b) posting the boarding fees in advance, in fourteen-day increments, and continuing for the entire time the doq is placed in the shelter facility regardless of the owner's decision to appeal to the headng examiner or to the superior court. A dog is not released, and an appeal is not heard until the owner has paid the full boarding fee owing to the shelter facility. The boarding fee is not refundable regardless of the outcome of an appeal, The shelter facility may euthanize a dog if its owner fails to pay the full board fee within fourteen days of receiving notice of the determination by the animal control authority, regardless of the owner's decision to appeal, or if the owner fails to maintain payment of the boarding fee. Any boarding fees required by this section shall also cover the costs of the dog and any offspdng that are in the dangerous or potentially dangerous dog's care. (b) If a dangerous dog of a custodian with a pdor conviction under this chapter attacks or bites a person or another domestic animal, the dog's custodian may be prosecuted pursuant to RCW 16.08.100(2). In addition, the dangerous dog shall be immediately confiscated by an animal control officer, placed in quarantine for 10 days '~'.,.~ ....... ,.,v~.~, '"-'"+~',v,,~.,, ''~v, *;"""...,,~., and thereafter destroyed in an expeditious and humane manner. Section 8. Amendment. Chapter 7.07 DANGEROUS DOGS of the Bremerton Municipal Code shall be repealed and replaced as follows: Sections 7.07.700, 7.07.800, 7.07.825, 7.07.850. 7.07.700 SALE OF DOG OR TRANSFER OF CUSTODIANSHIP WITHIN CITY. (a) Custodians of a dog that has been declared dangerous or potentially dangerous, who sell or otherwise transfer the ownership, custody, or residence of the dog shall, within five (5) calendar days of the change, inform the animal control authority in writing of the name, address, and telephone number of the new custodian, and/or the address of the new residence where the dog is located. Such notice shall also include the name, description, and license number of the dog. in the event the custody of the dog changes, the custodian shall notify the new custodian in writing of the details of the dog's record relating to being declared dangerous and the terms and conditions of the declaration. The custodian shall also provide the animal control authority with a copy of the written notification, which shall contain a notarized statement by the new custodian acknowledging receipt of the original notification. (b) No person shall sell, give, barter, or in any other way transfer ownership of a dangerous or potentially dan.qerous Level 3 dog required to be registered pursuant to B.M.C. 7.07.400 to any other person residing within the City, without the new custodian's prior compliance with registration requirements pursuant to B.M.C. 7.07.400- .425. (c) Any custodian of a dog registered or required to be registered under this chapter shall notify the animal control authority upon the disposition of such dog to any person outside the City, together with the name and address of the new custodian. 7.07.800 MUZZLE REQUIREMENT. It shall be unlawful for the custodian of a dangerous or potentially dan.qerous Level 3 dog to permit it outside of its proper enclosure unless muzzled and restrained by a substantial chain or leash having a minimum tensile strength of 300 pounds, not exceeding 4 feet in length and under the control of a person. The muzzle shall be made to prevent the dog from biting. These restraint restrictions shall apply from the time a dog has been classified as dangerous or potentially dangerous Level 3, regardless of the filing of an appeal, unless and until a supedor court reverses the classification. 7.07.825 IDENTIFICATION PHOTOGRAPHS. All custodians of dangerous or potentially dangerous Level 3 dogs must, within fifteen (15) ~~ days of such classification, provide the animal control officer with two (2) color photographs of the dog in different poses, clearly showing its color, markings, and approximate size. 7.07.850 TATTOO REQUIRED. The owner of a dangerous or potentially dangerous Level 3 dog shall within fifteen (15) days, at his or her own expense, have the registration number assigned to the dog tattooed upon such dangerous dog's thigh by a licensed veterinarian or person trained as a tattooist and authorized as such by the appropriate governmental authority. Section 9. Repeal. Section 7.07.900 is hereby repealed in its entirety. Section 10. Repeal and Replace. Chapter 7.08 ANIMAL CARE AND CONTROL, Section 7.08.030 of the Bremerton Municipal Code is hereby repealed and replaced as follows: 7.08.030 CONSTRICTING SNAKE LICENSE REQUIREMENTS; GUIDELINES Any person possessin.q a constricting snake as a household pet, shall obtain a license therefore and comply with the following license requirements: (a) LICENSE REQUIREMENTS: Pdor to beinQ ~ranted a license for a constricting snake within the City, the possessor of said animal shall demonstrate to the animal control officer the followinq: ~1) All constdctin.q snakes will be housed in a unit secured with locks, with a hinged top or doors or a slidin.q glass front with a locking mechanism. (2) When handling any of the constdctinq snakes, another individual will be present or at least within calling distance. (3) No minors will own or keep any adult snake over 7 feet long. (4) All constricting snake owners will be liable for the medical costs of treating iniudes as well as additional damaqes for traumas or damage caused by their animals. (b) LICENSE ISSUANCE AND FEE: Followinq an in-house inspection of the holding cages for the snake(s), the animal control authority shall issue licenses to persons applying therefor upon payment of a license fee and will issue a certificate of registration for each snake licensed. The license application shall be dated and numbered and shall bear the name of Bremerton, Washington, the name and addre.ss of the owner or custodian of the snake licensed, and a description of the snake. The fee for licensing each snake shall be Twenty-Five Dollars ($25). (c) LICENSE RENEWAL: All snake licenses shall be due and payable the first day of July of each year. If the license fee above provided for is not paid on or before August 31st of each year, the applicant shall pay a penalty fee of Ten Dollars ($10.00) for each license. (d) LICENSES NONTRANSFERABLE: Licenses as provided in this chapter shall not be transferable from one animal to another: Provided, That nothing contained in this section shall be construed to prevent a license beinq transferred from one owner to another. Section 11. Amendment. Chapter 7.08, sections 7.08.100 and 7.08.200 of the Bremerton Municipal Code are amended as follows: 7.08.100 NUISANCES. The following acts are prohibited and will constitute public nuisances, and unless otherwise specified, shall constitute civil infractions: (a) Animals at Larqe: It shall be unlawful for the custodian of any animal, except cats and trained birds, to cause, permit, or allow such animal to roam, run, stray, or to be at large, or away from the premises of such owner or authorized custodian. ]0 Animals are not permitted upon any public property or private property of another, unless such animal be under the physical control of a person and restrained by a leash that is eight feet (8') or shorter. Any animal found roaming, running, straying, or being at large from the custodian's premises and not under control and restraint as herein provided may be impounded, subject to redemption in the manner provided by Chapter 7.08.300. Provided, however, That an animal not under the physical control of another or restrained by a leash shall be permitted upon the private property of another with that person's permission. (b) Diseased Animals: To own or keep any animal afflicted with any infectious or contagious disease and fail to provide treatment for such infection or disease, or permit such diseased or infected animal to run at large or come into contact with other animals, or drink at any public or common watering trough or stream accessible to other animals. To own or keep any animals known to have contagious disease unless under the treatment of a license veterinarian. (c) Failure to Confine Cat or Doq in Heat: Failure to confine any female cat or dog that is in estrus (heat) inside an enclosed structure so that the female cat or dog cannot come in contact with the male unless the male is admitted by the custodian of the female. (d) Damage by Animal: Permit any animal (i) to damage public property or the private property of another or (ii) to spread or spill garbage. (e) Unlawful Tethednq: Tether an animal in such a manner as to permit the animal to enter any sidewalk, street, alley, or to enter any adjacent lot or premises unless authorized by the occupant of that adjacent premises. (f) Disturbance: Permit or allow any animal.to unreasonably annoy or disturb other persons in the vicinity of his premises or upon the public street by frequent howling, yelping, whining, barking, or other noises. (g) Threateninq Pedestrian: To cause, permit, or allow any animal to snap at, jump upon, or otherwise threaten persons using the public sidewalks, streets, alleys, or other public ways. (h) Biting, Chasing, Attacking: To cause, permit or allow such animal to bite, chase, or attack persons or other animals. (i) Harassinq: To cause, permit, or allow such animal to chase or run after vehicles, bicycles or pedestrians using the public streets or alleys. (j) Animal Waste Disposal: To fail to immediately clean up and properly dispose of any deposits of animal waste or damage while on public property or private property. (k) Animals Prohibited: To keep any creature that is venomous/poisonous, or a wild animal. No person may own or maintain any lion, tiger, bear, chimpanzee, gorilla, cougar, swine, mountain lion, badger, wolf, wolf-hybrid, cat family-hybrid, coyote, fox, lynx, or venomous/poisonous creature or wild animal ]] Provided, That circuses are exempt from this regulation if a license is obtained pursuant to B.M.C. 5.36.010. (I) Confinement in a Vehicle: No person shall confine an animal within or on a motor vehicle at any location under such conditions that may endanger the health or well being of the animal, including, but not limited to, extreme temperatures, lack of food, water or attention. Any animal control or law enforcement officer is authorized to remove any animal from a motor vehicle, at any location, when the officer reasonably believes it is confined in such conditions as described in this section. Any animal so removed shall be delivered to the animal control shelter after the removing officer leaves wdtten notice of such removal and delivery, including the officer's name, in a conspicuous, secure location on or within the vehicle. (m) Outdoor Feedinq: To feed or allow any domestic or wild animals or birds to feed outdoors at such times and in such numbers that (1) feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties including public property, or (2) feed remains uneaten for more than four hours. 7.08.200 ~'" ......' ........ "'~: ~~ IMPOUNDMENT. Domesti~ animals may. be im.p. ounde~ by an animal control officer in the followin[! situations ~~~ (a) If necessary to abate a nuisance as defined in BMC 7.08.100; or (b) If the animal bites or iniures a person or other animal, or by its actions or condition, presents a clear and present threat to the public peace, health or safety, and the public is in imminent danger, go onto the property, seize the animal and detain the animal; or (c) If the animal does not present a clear and present threat to the public peace, health, and safety, post notice to abate the nuisance upon any property wherein an animal which constitutes a nuisance is harbored. If the nuisance is not abated within twenty-four (24) hours, the animal shall be detained at the City animal kennel. (d) If an animal has been or is being subjected to cruel treatment or conditions as defined in BMC 7.08.600 that present an imminent risk to the animal's safety and welfare, go on to the property, seize the animal and detain the animal until the animal's custodian provides assurances that the treatment or conditions underlying the impoundment will not recur. This right of entry and seizure includes and is subject to the provisions stated in BMC 7.08.400. (~I) e(g) If the animal is determined by the Animal Control Officer to be a "potentially dangerous dog" as defined in 7.04.200(p) or "dangerous dog" as that term is defined in 7.04.200(0 then said animal may be impounded by the Animal Control Officer and: (1) Said animal may be detained by the City until the custodian requests a hearing pursuant to 7.07.200 to contest the declaration of potentially dangerous or dangerousness and the Hearing Examiner ]2 rules that the "potentially dangerous" or "dangerous dog" determination was made in error. (2) The custodian of the dog has the responsibility to contact the shelter facility within fourteen days of receipt of the potentially dangerous or dan.qerous do,q notice to make payment of the boardinq fee for the dog, re.qardless of the owner's decision to pursue an appeal. Payments of boardinq fees must be made in advance, in fourteen- day increments, and must continue for the entire time the doq is placed in the shelter facility regardless of the owner's decision to appeal to the headn.q examiner or to the superior court. (3) A certificate of reqistration is not issued, a dog is not released, and an appeal is not heard until the owner has paid the full boarding fee owing to the animal control. The boardinq fee is not refundable regardless of the outcome of the appeal. (4) The animal control may euthanize a doq if its owner fails to pay the full board fee within fourteen days of receiving notice of the determination by the animal control authority, re.qardless of the owner's decision to appeal, or if the owner fails to maintain payment of the boardinq fee. (5) Said boardinq fees shall also cover the costs of any offsprin.q of the do.q that are in its care. (2-) ~ If the custodian does not request the hearing provided for by 7.07.200 or if such hearing is requested and the Hearing Examiner upholds the Animal Control Officer's "dangerous dog" determination, said animal may be detained until the custodian shows proof that he/she has complied with requirements of this Chapter pertaining to the keeping of a dangerous dog. (i) If the custodian shows proof that he or she has met the requirements for keeping a dangerous dog in the City, the dog will be released upon payment of impound and boarding fees. (ii) If the custodian has not shown proof that he or she has met the requirements for keeping a dangerous dog within thirty (30) days of the Hearing Examiner's decision, the animal may be immediately destroyed. (3) (7) If the custodian neither appeals the Animal Control Officer's "potentially dan.qerous" or "dangerous dog" determination nor shows proof that he or she has met the requirements for keeping a potentially dan.qerous or dangerous dog in the City within fifteen (15) days of the declaration of potentially dan.qerous or dangerousness the animal may thereafter be immediately destroyed. Section 12. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of __ ,2000. PASSED by the City Council of the City of Bremerton this day of __ 2000. ]_3 CAROL ARENDS Council President APPROVED this __ day of ,2000. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk FOR MEETING PUBLIC WORKS AND UTILITIES 3027 Olympus Drive * Bremerton, WA 98310-4799 * (360) 478-5270 * FAX (360) 478-5398 Engineering Division MEMORANDUM TO: Lynn S. Horton,~a.y~r FROM: Randy Witt DATE: March 31, 2000 SUB J: Monthly Project Stares Report Enclosed is the monthly stares report for your review. This will be presented at the study session on April 5, 2000. RW/ab Enclosure C: W. Eugene Sampley Kathleen Cahall Bob Tulp Wayne Hamilton Janet Martelle John Poppe Bill McKinney Phil Berry Paul Lucas Lynn Price Lori Smith (11 copies for Council Members) Engineering Division Staff (Route) PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MONTHLY STATUS REPORT PRESENTED TO THE CITY COUNCIL ON APRIL 5, 2000 RANDY WI'IT, CITY ENGINEER BTC PROJECT UPDATE RANDY WlTT, CITY ENGINEER PUBLIC WORKS PROJECTS UPDATE JEFF SHEA, SENIOR ENGINEER UTILITY PROJECTS UPDATE TOM KNUCKEY, SENIOR ENGINEER SR304 TRANSPORTATION IMPROVEMENT PROJECT LYNN PRICE, PROJECT MANAGER SPECIAL PROJECTS UPDATE DAN MILLER, PROJECT MANAGER BREMERTON TRANSPORTATION CENTER PROJECT MONTHLY UPDATE TO THE CITY COUNCIL APRIL 5, 2000 STUDY SESSION Significant work performed in the last month: · Concrete has been poured for the south transit deck. · The tollbooths have been relocated. Significant upcoming work items: · Paving of the auto holding area on the south side. · Work on the punchlist of City items for the storm system. · Installation of final street signage. · Paving of the HOV Garage. Upcoming milestones: · The passenger only float connection to the boardwalk will continue until Float B arrives on the project, anticipated in late April of 2000. The float should be on line by May 6, 2000. · The auto holding area is scheduled to be open for use by April 15, 2000. · It is anticipated that the transit deck will be open by May 1, 2000. RW/ab PUBLIC WORKS PROJECT UPDATE MONTHLY REPORT MARCH, 2000 WERNER ROAD CORRIDOR/WEST HILLS COMMERCIAL IMPROVEMENTS · DOT has given preliminary approval to the bio-swale. We are addressing some issues they weren't aware of while evaluating our request. · The Biological Assessment has been reviewed and has been recommended for approval by DOT. It was submitted to NMFS and USFWS for their approval and concurrence. · A public meeting was held with area business owners to discuss the projects and their concerns. Five people attended the meeting and their major concerns were disruptions and access. Right-of-Way Acquisition · Acquisitions are completed on 12 properties. · Negotiations are completed on final property and the paperwork will be completed soon. CALLOW CSO, PRIORITY 3 & 5 · Montgomery Watson completed the preliminary base map preparation. · The consultant is continuing to develop the model of storm flow. · City crews completed smoke and dye testing the sanitary system. · City crews began minor maintenance and flow slippage in the basin. PINE ROAD CSO FACILITY PLAN · HDR Engineering forwarded the second draft document in February. · Met with the Department of Ecology to discuss their comments on the document. They had minimal comments and were satisfied with the document. · CDM provided input to the document on treatment alternative. · HDR concluded that Pine Road overflows are due to backflow in beach main. Efforts are now focussed on the CSO treatment facility and storage at the Overflow 1 site. 2000 TRAFFIC CALMING PROGRAM · A proposed listing of streets for 2000 CDBG funding was drafted. · Speed studies are being performed on the proposed streets. 2000 ADA CURB CUT PROGRAM · We received $13,000 from CDBG funding. · Last years list was reviewed and locations for the program were proposed. Jeff Shea, Senior Engineer 3/31/00 ENGINEERING DIVISION UTILITY PROJECT UPDATE March 2000 W650 ZONE IMPROVEMENTS · Staff is reviewing the 60% design documents and will provide comments £or incorporation into the final design. W540 ZONE IMPROVEMENTS · Staff are working with the Consultant to develop an alternative for interim water service for Phase 1 of the development. The service is anticipated to include modifications to the new pump station, but would not require immediate construction of the Reservoir. A letter report on the interim water service is due from the consultant the week of April 3fa. ANDERSON COVE CSO · Performance testing of the downstream level control valve at pump station CW-1 is scheduled to occur in April. PUMP STATION CW-2 UPGRADE · Start-up of the facility began on February 23fa. All installation by the contractor has been completed with the exception of installation of the automatic transfer switch (ATS) and final testing of the engine generator. The engine generator was delivered and installed on March 17~h, the ATS is scheduled to arrive in early April. Final paving and installation of the guardrail will be deleted fi.om the construction contract - City Forces will perform this work in the spring. SNYDER AND OHIO AVENUE SEWERS · All work under the contract with DDI Construction is complete, and the project is in closeout. Final paving of Snyder and Ohio Avenues was eliminated from the contract with DDI Construction, and will be performed by City Forces in the spring. CSO REDUCTION PLAN UPDATE · The consultant has developed a model of the inverted siphons and the beachmain system that convey sanitary sewage from East Bremerton to pump station CE-1. The consultant has also. completed development of hydraulic model of the sanitary sewer system for East Bremerton. Representatives from the City met with the consultant on March 16 to discuss alternatives to convey the flows in East Bremerton to the new CSO treatment plant that was identified in the Pine Road Basin facility plan. Conveyance alternatives are being developed and will be evaluated in the coming weeks. RESERVOIR NO. 4 - OUTLET PIPE AND COVER REPLACEMENT · The consultant has reviewed the outlet tunnel from the reservoir, and also performed an internal inspection of the reservoir itself. The consultant has been reviewing the data obtained from the inspections, and begun alternative analysis for the work. Monthly Utility Project Update -~. - TRACYTON WATER DISTRICT - WATER SYSTEM UPGRADE · A project kickoff meeting with the consultant (Hammond, Collier, Wade and Livingstone) and representatives from both the City and Tracyton Water District was held March 9th. The consultant has begun their survey of the project area, and has also begun review/confirmation of pipe sizes, locations, etc. The City is currently reviewing right-of-way issues. The 40% design product is anticipated to be delivered by the middle of July. 11th and PARK - EMERGENCY REPAIRS Repairs to Manhole P9, and the related repair of defective work began on March 8, and was completed on March 27th. The work completed included installing a new manhole 50-feet north of P9, replacing the sliplined pipe between P9 and the new manhole, replacing 50-ft of the old sanitary sewer south of P9, repairing all connections to Pg, repairing the connection to manhole PD6, and replacing an old brick manhole that collapsed during the work. All work associated with Manhole P9 resulted from the incorrect work that was performed during the Warren Avenue CSO Reduction project. The estimated cost of this work is $120,000 to $145,000. Replacement of the sanitary sewer on 11th Street between Park Avenue and Elizabeth Avenue began on March 28~. The project is anticipated to be complete by April 14~. During installation of the new sewer, an 8-inch watermain constructed in 1935 was destroyed, and will be replaced as part of this work. The estimated cost of this work is $120,000 to $130,000. · Final paving of all work constructed in this project is scheduled to occur the week of April 17th. PWTF LOANS · We received loan agreements for two Public Works Trust Fund (PWTF) Loans that we applied for last year. One is for Callow Avenue CSO reduction construction, and the other is for design and construction of CSO reduction facililities in East Bremerton. The total value of the loans is $7,000,000. The loan agreements will be presented to the City Council on April 5, 2000. Monthly Utility Project Update -2 - SR304 TRANSPORTATION IMPROVEMENT PROJECT Monthly Report March 2000 FUNDING · City staff is preparing agreements to obligate current Federal funds for the design and acquisition of right-of-way for the Porter Street to Missouri Gate section of the Navy Yard Highway Phase. Funding should be available by the end of April. No new funding has been found to offset the $8.8 million lost with the passage of 1- 695. RIGHT OF WAY ACQUISITION · There were seven properties within the Gateway Phase (Porter Street to Montgomery Avenue) that were obtained through Possession and Use Agreements. Condemnation/negotiations are still proceeding on those properties. · Right-of-way acquisition for the improvement of the Navy Yard Highway Phase from Porter Street to the Missouri Gate/Charleston Beach Road intersection will not begin until funding has been approved and appraisals are completed. STRUCTURE DISPOSAL · Demolition and cleanup of all sites within the Gateway Phase are complete. PUBLIC OUTREACH · No activity this month. Activity is anticipated in the next few months to provide information on traffic control measures for the Gateway Phase construction and updates on project funding and schedule. ENVIRONMENTAL CLEANUP · Environmental cleanup of the known underground storage tanks and petroleum- contaminated soil is complete. Some additional soil contamination and tanks were found during the cleanup process. Final costs will be presented to the City Council in a final change order in April. SR304 Transportation Improvement Project Page 1 LANDSCAPE COMMITTEE · No new activity. GATEWAY IMPROVEMENTS (Porter Street to Montgomery Avenue) · The project was awarded to Stan Palmer Construction for their Iow bid of $4,243,253.28. The contract is currently being executed. A pre-construction conference has been scheduled for April 12th. A notice to proceed will be given upon receipt of all required contract documents. Work could commence as early as April 17th. The first stage of work will be in the area between Cambrian Avenue and Farragut Street to First Street and Callow Avenue. NAVY YARD HIGHWAY PHASE (Porter Street to Missouri Gate/Charleston Beach Road Intersection) · City staff is working with Parametrix and WSDOT to develop a work plan for the design and right of way acquisition for this phase of work. Upon approval of funding, work could commence in late April. LP/ab Project File: COMM/PR/3.2 Lynn Price, Project Manager SR304 Transportation Improvement Project Page 2 PUBLIC WORKS & trrI[mEs PROJECT UPDATE MARCH 2000 EVERGREEN PARK---PHASE II REMEDIATION & PARK EXPANSION · The Notice-To-Proceed (NTP)for the Building Removal & Site Preparation was issued to Ace Paving Co. Inc. on Tuesday, March 14, 2000. The contract duration is 70-calendar days l~om the NTP date (May 22, 2000). The building abatement of the A-1 Boat, Brem-Air, and R&H Auto is completed along with the "utility capping" this report period. Presently, the dismantling of the Brem-Air Warehouse and A-1 Boat structures is underway along with the demolition of the R&H Auto structure. · The plans and specifications for the Underground Storage Tank (UST) removal has been submitted for 90% review comments to the Department of Ecology, City Planning Departmem and Engineering Division this report period. Pammetrix, Inc. pre-qualified five (5) individual contracting firms to submit bids for the upcoming removal of UST's. The UST removal will begin upon substantial completion of the Building Removal & Site Preparation contract. · The 30% Park Design and Site Remediation Engineering Design Report, Stormwater Analysis, and Work Plan is submitted for review to the City Planning Department & Engineering Division, Department of Ecology, Department ofFish and Wildlife, and Corps of Engineers for their review and written comments this report period. · Parametrix, Inc. has completed the Stage I Professional Services as specified in the Departmem of Ecology Agreed Order and has submitted the Stage II Scope of Work & Services with associated costs for the following: *Design of Institutional Controls; *UST/Soil Remediation; *Groundwater Studies; *Supplememal Survey and Mapping; *Plans & Specifications for Park Expansion; and *Construction Services. The aforementioned Stage II Scope of Work and associated cost is tentatively agreed upon and will be recommended for approval as a "Stage II Amendment to Contract" to Parametrix Inc.'s existing contract along with a Budget Adjustment. WARREN AVENUE "CARPENTER FIELD" IMPROVEMENTS · Presently, the specification is 85% complete this report period while site grading and storm drainage report as well as design is approximately 70% complete this report period. 3//00djm Property Analysis · Price · Wetlands · Topography Market , Streams Financial · Geology/Bedrock Feasibility · Easements Feasibility · Access · Products ~ · Utilities · Prices · Views · Onsite Development , Absorption ~ · Aesthetics Costs · Size ., OffsiteDevelopment Costs · Encumbrances/Liens · Agency Fees · Consultant Fees · Mitigation Fees/Costs Marketing Development Stakeholder and Sales Management Relationships · Site Appearance · Neighbors · Understanding of Project / · Agencies · Contacts / · Existing Businesses · Follow-up · Tribes · Collateral · Development Industry · Advertising Construction Entitlement/ Management Approval Process · Construction Drawings · See Attached Figure · Construction Bid/Contract Financing · Contractor Management · Inspections · Timing · Weather · Bank Financing · Joint Venture · Equity Partner · Cash Flow Management Individual Project Permitting Process Growth Management Act Comprehensive Plan Zoning Code (and other dev. regulations) Individual Project Application Does it conform to ~ 1993 ElS? NO YES I Publish Addendum or I Supplemental ElS I Individual Project Review I Review under zoning · I code and other SEPA Review I [ dev. regs. I Project Conditions of Threshold SEPA Conditions of Approval I __~ CombinedCondifionsOfApproval I Hearing and Preliminary Approval with Conditions I Final S,te Plan Submittal b I' Rev,se F,na, (road plans, etc.) I- I Plat Construct Site Infrastructure I I Revise Permit Building Permit Application Application Approval and other codes? NO PROCLAMATION WHEREAS, Washin§ton was the first state to enact comprehensive Iitter abatement IegisIation and recycling le§islation; and WHEREAS, this legislation has produced effective litter control and recyclin§ programs throu§hout the state; and WHEREAS, it is important that our community have an ongoing program of Iitter abatement, as weIl as keeping our community clean and beautifuI; and WHEREAS, ApriI 22nd will be commemorated nationally as the 38th anniversary of the founding of Earth Day; and WHEREAS, the annual statewide cIeanup, recycting and beautification events are being sponsored in part by Kitsap County Department of Surface and Storm Water Management, with the theme, "Think Globally, Act Locally to Clean our Environment." NOW, THEREFORE, I, Lynn 5. Horton, Mayor of the City of Bremerton, do hereby proclaim the month of April 1999 as COUNTDOWN TO EARTH DAY 2888 in the City of Bremerton, and I urge all citizens to join in this observance and the activities which include cleanin§ up and beautification efforts by Kitsap Diving Association, Washington Sea Grant, and the Kitsap County Department of Surface and Storm Water Management on April 22nd from 11:88 a.m. to 2:88 p.m. at the Bremerton Boardwalk. The City of Bremerton applauds local businesses such as Brem-Air Disposal, Inc. for their participation in community cleanup efforts. SIGNED, this 5TM day of April, 2888. Lynn S. Horton, Mayor PROCLAMATION WHEREAS, by recognizing the personal sacrifices that have been made by the American men and women who became Prisoners of War as result of serving in the United States Armed Forces from the Colonial era until today; and WHEREAS, by recognizing the physical and mental suffering that they experienced, as well as the psychological suffering of their family, friends, and loved ones; and WHEREAS, by recognizing the debt of appreciation we owe to them, and the importance of passing on to our children this heritage of duty, honor, and sacrifice that they have given to us; and WHEREAS, Bataan Park in Bremerton is a unique place in the United States since it is dedicated to the American and Filipino men and women who fought so courageously at Bataan and then suffered and many died as a direct result of being a Prisoner of War; and NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton do hereby proclaim April 2-9, 2000 as: AMERICAN FORMER PRISONER OF WAR RECOGNITION AND BA TAAN WEEK in Bremerton, and I encourage all of our Citizens to take time to pause and reflect upon the sacrifices that have been made by those of our citizens and allies who have had the misfortune to become Prisoners of War. SIGNED, this 5st day of April, 2000. Lynn S. Horton, Mayor PROCLAMATION WHEREAS, on Sunday June 25, 1950, North Korean forces without provocation, attacked the Republic of South Korea; and WHEREAS, three years and over five million casualties later, a cease fire was secured ending the fighting only miles from where it began; and WHEREAS, the Korean War has only become a footnote in history to most Americans, but was no less of a war to the one and one-half million fighting men and women from this nation who served in that short "police action" and struggled to contain Communist aggression; and WHEREAS, the memories of endless hostile hills, gritty pudding-like mud, snow, choking dust, frozen reservoirs, long periods of boredom, and the violent death of friends will forever linger in the minds of those who fought under these inhospitable conditions; and WHEREAS, 22 nations joined forces with the courageous people of South Korea, cherishing freedom and democracy under the United Nations command, and eventually secured a cease fire for the preservation of peace and a democratic way of life for the citizens of South Korea; and WHEREAS, more than 500 sons and daughters of Washington State stood in the unbroken line of patriots who dared to die in order that freedom might live and grow. Freedom lives and through it, these courageous men and women live in a way that would humble the undertakings of most people; and WHEREAS, this millenium commemorates the 50th anniversary of that holocaust, known as the "Forgotten War" or the war that "America forgot to remembe¢' and Veterans of Foreign Wars Post 394 and their Ladies Auxiliary has been designated a Commemorative Community for honoring those gallant veterans who fought those battles and those that even now guard the gates of freedom in Korea; and WHEREAS, we as a community of the greatest nation on earth should educate every generation of Americans on this history of the Korean War in preserving our nation's democratic ideals and commemorating this historical event providing a clear understanding of, and appreciation for, the sacrifices of these veterans and their families; NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton, do hereby proclaim the years 2000, 2001, 2002, and 2003 as the KOREAN WAR COMEMORATIVE YEARS and encourage all citizens and educational institutions of our city to join and participate in the events scheduled by VFW Post 3694 and Ladies Auxiliary and other veterans service organizations to perpetuate the meaning of sacrifice and educating the youth in our school system about the Korean War. SIGNED this 5th day of Apdl, 2000. Lynn S. Horton, Mayor PROCLAMATION WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, iBremerton has sustained it's distinction as a Tree City USA, and earned the Growth Award for achievement in Education and Public Relations, Partnerships and Management; m~d WHEREAS, in honor of Arbor Day, twenty-six Prairie Fire Crab Apple Trees are being planted at Lent Landing in conjunction with the Eastside Rotary Club development of that park; NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton, do hereby proclaim April 12, 2000 as ARBOR DA Y in the City of Bremerton, and encourage all citizens to celebrate Arbor Day and support our efforts to protect our trees and woodlands. SIGNED this 5th day of April 2000. Lynn S. Horton, Mayor