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HomeMy WebLinkAbout04/07/99 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA APRIL 7, 1999 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~,,_ A. Minutes of Meeting - March 17. 1999 #AB99-062 I 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Professional Services Agreement with Washington Timberland Management for Cable Salvage and Thinning #AB99-063 ~ AGENDA BILL BREMERTON CITY COUNCIL MINUTES OF MEETING -- MARCH 17, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: APRIL 7, 1999 CITY COUNCIl iMIK[ SHEPHERD~ PRESIDEN MARCH 29; 1999 2. ~: (comment on back 3. EXHIBITS: if necessary) ENDORSEICENT__ INFORMATION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 3A- tl. AGENDA BILL NO: TAPE #1603 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES MARCH 17, 1999 The regular 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 17, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, David Farr Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council member Carol Arends was absent. Aisc present were City Attorney Glenna Malanca, Deputy Clerk Gil Johnson, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Pastor Talmage Wilson of Charleston Baptist Church. President Shepherd made the following announcements: (1) City Council held a Study Session prior to Council to discuss general Council business, 5:00 - 5:25 P.M., in the City Council Conference Room. CONSENT AGENDA A. Minutes of Meeting - March 3, 1999 #AB99-044 B. Tower Lease Agreement with AT&T Wireless Services of Washington, Inc. #AB99-045 #0020 M/S/C/U (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 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. #0040 M/S/C/U (Montgomery/Farr) On March 17, 1999, the Council does approve for payment those vouchers included and further described as follows: 228861 through 229006 in the amount of $233,699.46. COUNCIL MEMBER REPORTS Mr. Montgomery_ announced a special District 6-7-8 meeting would be held next Thursday, March 25, 1999, 7:00 P.M., at the Bremerton Administration Building located at 134 N. Marion Avenue to discuss "Street Vacations" in Districts 6, 7, and 8. He invited all citizens to attend. TAPE #1603 City Council Reg. Mtg. Minutes March 17, 1999 Page 2 of 6 Mr. Overson thanked all those involved in the beautification projects downtown. He assured the public that the Council may be silent, but not "inactive" in the Sinclair Landing Project, and in fact, Council and staff are working very diligently on this project. Mr. Law reported on a very successful District 3 meeting held last night, where attendees were shown the new sketches of the Manette Bridge, which were well received. He also thanked Alex Young, the Principal Architect; and John Wynands, the Project Manager from WSDOT for their participation. Mr. McConnell reported on his participation in the St. Patrick's Day Parade and other related activities on Saturday. He also attended the District 3 meeting, and was pleased with the sketches of the new Manette Bridge. President She.oherd welcomed all citizens to attend the District 5 meeting on Thursday, March 18, 1999, 6:30 P.M., at the Lutheran Memorial Church located at 10th & Veneta. Special guest speaker will be Captain J.A. Holden, new Commanding Officer of Naval Station Bremerton. He also reported on his recent trip to Washington, D.C., where he was able to meet with several Legislatures to discuss many City-related transportation issues, including ferry service and even the possibility of electric busses. MAYOR'S REPORT · Notified the public that the "Smile Mobile", a fully equipped dental van, would be in the area until March 26, at the Kitsap Community Health Center, to provide dental care for children up to age 13. For more information please call 1-800-367-4104; · Due to budgetary issues, the Montgomery Street Gate to the Puget Sound Naval Shipyard would be closed until the end of April; and · The public is invited to attend the Home & Garden Show to be held Friday through Saturday at the Kitsap Pavilion. Mayor Horton read the following Proclamations: (1) March 18, 1999 as "Absolutely Incredible Kid Day~'; and (2) March 24, 1999 as "Kitsap Water Festival 1999", which was accepted by Mindy Fohn, from the Water Resources Division of the Public Works Department. LEGISLATIVE REPORT The following answers were provided in response to concerns raised by Del Knauss: Proposed Sinclair Landing Parking Garage: 1) How many cars will it hold? Approx. 2,400; 2) What is the total cost to the City? Around $40 million; 3) How will the City pay for it? With net parking revenues and 60% of incremental taxes collected as a result of Sinclair Landing, with the rest, if there were a shortfall, would come from grant funding and the developer; 4) What were comments of MayoFs financial consultant? The numbers to date have not been definitive enough to be reviewed by a consultant; 5) If no development happens, how will City pay for garage? It will not be built. TAPE #1603 City Council Reg. Mtg. Minutes March 17, 1999 Page 3 of 6 Kitsap Regional Planning Council (KRPC): 6) What does the City pay for the KRPC? $12,792 for 1999; 7) Does the City receive reports of what the money is used for, and can the public get copies of these reports? City representatives receive the current agenda information and previous month's minutes, and are available to the public; "Inside Bremerton": 8) How much does the show cost the City? The City's contribution to BKAT includes programming for "Inside Bremerton", City Council meetings, and occasional miscellaneous meetings or programs. The City pays no other money additionally; and 9) How much staff time is used to prepare the show? Terrie O'Neill, Municipal Services Coordinator, spends roughly 4 hours weekly, staff guests could add another hour. Some guests are from other governmental entities or the public. PUBLIC RECOGNITION ~J.,~..&I:~Z.Q.~Q finalized her comments on the Ethics Code, and asked the Council President and City Attorney to address 1) Council members voting on issues that directly affect their personal property; and 2) Council members being allowed to interfere with the Salary Commission due to it being defined as a Legislative issue rather than quasi-judicial. Charlene Burnett reported on upcoming events sponsored by the Parks Department. She also shared plans for the West Sound Arts Council. 9A - REVIEW OF CONDITIONAL APPROVAL OF MEDIATION RESOLUTION BETWEEN PUGET SOUNDKEEPERS ALLIANCE & CITY OF BREMERTON, #AB99- O46 Mediation Resolution in regards to Puget Soundkeepers Alliance v. City of Bremerton was heard at a Special Council Meeting held March 12, 1999. A Motion was made to conditionally approve Mediation Resolution with Mayor's confirmation that recent filings by the Alliance do not defeat the City's ability to perform under the terms of the Mediation Resolution. Mayor Horton reviewed the process that has taken place to date, and asked the Council to retain the conditional nature of the City's approval of the Mediation Resolution. She stated this would show the City's support of the original mediated settlement, minus the latest restrictions requested of by Puget Soundkeepers Alliance. John Becket asked how much acceleration is going to go on in the stormwater, and how much is that going to cost the ratepayer. Mayor Horton responded that if the City were able to secure grant funding for some of the projects, the City would be able to continue to deal with the CSO program with only cost-of-living increases. The stipulation in the Mediated Agreement states that if the City is not able to secure the grant funding, then they will need to go back to mediation with Puget Soundkeepers 4 TAPE #1603 City Council Reg. Mtg. Minutes March 17, 1999 Page 4 of 6 Alliance. Mr. Fart further clarified that the City's position is to try and meet the demands of the Puget Soundkeepers Alliance, while also protecting the rate structure to avoid raising sewer bills. #1415 M/S/C (Montgomery/Farr) Motion to retain the conditional nature of the City's approval of the Mediation Resolution until the Court denies the requested relief including appointing a receiver; freezing assets of the City; suspending the Federal benefits; and arresting the Mayor. Upon the Court's denial of the requested relief, or dismissal of the Amended Motion, the City's approval of the Mediation Resolution would no longer be conditional. Vote on Motion: In Favor: Opposed: Motion carried. Farr, Montgomery, Olsen, McConnell, Law, Overson, Shephe~ Reed 10A - BID AWARD FOR EVERGREEN PARK PHASE I CONSTRUCTION, #AB99- 047 Bids were opened on Wednesday, February 24, 1999 for the Evergreen Park - Phase I Renovation Project. A total of eight (8) bids were received for the project (see attached Bid Opening List). The Iow bidder is DeI-Jen, Inc. from Silverdale, WA for the Base Bid Lump Sum of $342,000 and Alternates 1 through 5 in the amount of $128,950, for a grand total (not including WSST) of $470,950. The total contract amount, including Washington State Sales Tax at 8.1% is $509,096.95. Dan Miller, Project Manager, identified Alternates 1 through 5 included demolishing the old restroom, building new restrooms with storage area, and several small picnic shelters. Jim Spencer, Interim Parks Director, gave a brief history of work accomplished at the park in preparation of Phase I. He then presented an overview of the highlights of the project, including a view area with picnic table; a turnaround area with two handicap parking spots; a new trail system; a sand volleyball area; a hard court surface area for half-court basketball, four-square, and hopscotch; and a large toy with soft landing area. Phase I will also include a new 24-space parking area and relocation of the rose garden. Public comment - none. #2102 M/S/C/U (Montgomery/Olsen) Motion to approve the Iow bid from DeI-Jen, Inc. in the amount of $509,096.95, including Washington State Sales Tax, and authorize the Mayor to execute the contract for the construction renovation of the Evergreen Park -- Phase ;[, subject to City Administrative Policies and Procedures. TAPE #1603 City Council Reg. Mtg. Minutes March 17, 1999 Page 5 of 6 10B - BUDGET ADJUSTMENT FOR EVERGREEN PARK REMEDIATION PROJECT, #AB99-048 The Professional Services Agreement entered into by the City of Bremerton and Exponent (formerly Failure Analysis Associates) on November 20, 1995, for the remediation of properties to be included in the development of Evergreen Park, has been amended four times for a total contract amount of $439,871. A summary of contract amendments and budget adjustments is included as Exhibit "A". The attached budget adjustment (Exhibit "B") in the amount of $105,000 is required to cover completion of the scope of work and ancillary expenses. Gene Sampley, Public Works Director, provided background information on this portion of the project, which is the expansion of Evergreen Park by approximately 4.5 acres with properties previously owned by Brem-Air, Lofthus, and Puget Power. He discussed the history of the process (further details are provided in the Council packet), including the environmental status, clean-up issues, and scope of the project necessary to complete the sampling and data collection. The Budget Adjustment included in this item is needed for 1999 costs to complete the agreed order process, and be eligible for the Ecology Grant to move forward with the Park development. Public comment - none. Mr. Overson questioned the use of funds from the real estate excise tax fund ending- cash, which is set aside for Capital projects only. Mr. Sampley stated the cost of the remedial work in this project is the compensation for the property. The City is paying for the property through the clean-up, which constitutes a Capital project in itself. #2655 M/S/C/U (Montgomery/Farr) Motion to approve attached Budget Adjustment Request No. 99-4 to 1999 Real Estate Excise Tax Fund in the amount of $165,000 to provide for completion of the contracted scope of work and ancillary expenses. 10C - LABOR AGREEMENT BY AND BETVVEEN THE CITY OF BREMERTON AND THE IAFF LOCAL UNION NO. 437, #AB99-049 Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the International Association of Fire Fighters Local 437, resulting in the attached Labor Agreement. These negotiations have been discussed with Council in executive session. This Labor Agreement replaces the current one, which expired December 31, 1998. The new Labor Agreement's term is January 1, 1999 through December 31,2001. It has been ratified by the Union's membership. Council approval is required to implement the new agreement. TAPE #1603 City Council Reg. Mtg. Minutes March 17, 1999 Page 6 of 6 Jim Meith, Human Resources Manager, stated this agreement was from an accumulation of negotiations started back in April 1998 with representatives from the Fire Fighters Union. Only one issue went to mediation, which was resolved in February with a representative from the Public Employer Relations Commission. Public comment- none. Mr. Overson indicated the impact of this Agreement was over $125,000 to the City (for 1999 only), and therefore, requested further information on where the money was going. Mr. Meith provided a breakdown of the disbursement which included wages; medical & dental insurance (actually a credit due to dependent's costs paid by employees); increase in City contribution to Deferred Comp; and holiday pay compensation. Mr. Overson disagreed with the holiday pay compensation, stating the Fire Fighters are fully aware of the possibility of working holidays due to the nature of their work. #2900 M/S/C (Montgomery/OIsen) Motion to approve the Labor Agreement By and Between the City of Bremerton and the International Association of Fire Fighters Local 437, January 1, 1999 through December 31, 2001, and make the necessary change in the 1999/2000 Budget Book. Vote on Motion: Motion carried. In Favor: Opposed: Montgomery, Reed, Olsen, McConnell, Law, Farr, Shepherd Overson With no further business meeting adjourned at 7:00 P.M. GIL JOHNSON, Deputy Clerk MIKE SHEPHERD, Council President City of Bremerton G J/MS/Is C: Normal Distribution File 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL Professional Services Agreement w/ Washington Timberland Management for Cable Salvage and Thinning FOR AGENDA OF: April 7. 1999 ORIGINATING DEPT: Public Works/Util. ORIGINATOR: Forestry Manager__ ~ DATE SUBMITTED: 3/29/99 ~{.c~,L~~'-'---~ 2. CLEARANCES (comment on ba~k if ~:tC~.)~_ 3. EKltIBITS: Director PW&U City Attorney City Treasurer ' ' Risk Manager Operations Committee ENDORSEMENT ~: ~FO~A~ON Professional Services Agreement APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Washington Timberland Management (WTM) will provide logging plan, operator, operations management, and marketing for highest value, on approximately 130 acres of second growth timber within Water Utility forest land as specified by. the Forestry Manager. Harvest operations will consist of thinmng to a residual stocking of approximately 120 stems/acre and salvaging of diseased and/or dead timber as identified from GIS maps provided by the Forestry Division and field identification provided by WTM. This action will further the overall goals of the Forest Management Plan and will (over) 8. RECOMMENDATION The City Council authorize the Mayor to execute the attached professional services agreement. RESPONSIBLE OFFICIAL: Public Works/Util. Director ENFORCEMENT OFFICIAL: Forestry. Manager EXPIRATION DATE: December 31. 1999 REVIEW DATE: NA PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 1 3604785161 BREMERTON LEGAl DEPT PAGE 01 PROFESSIONAL SERVICES AGREEMENT Cable Salvage and Thinning THIS AGREEMENT is ~ the City ofBvenmrton, a rmmicipal corporation,(hereinafter referred to as "City") and Washington Timberland Manag~aent, Inc., a Washington corporation, (hereinaRer referred to as "W'rM"). WITlqESSETH: 1. SCOPE: WTM agrees to provide professional servi~ for cable timber harvest for thinning and salvage of merchantable ~imber as specified by the Forestry Manager and more fully described in Exhibit "A" attached hereto, and incorporated herein by this reference. 2. TERM: Contract shall commence o.n date of execution of this agreement and will terminate on Den~ember 31, 1999. COMPENSATION: City shall pay WTM con'tpensation as follows: Ten percent (10%) of the delivered log price for timber harvested, as move fully described in Exhibit "B" attached hereto and incorporated herein by this reference. Any charges for services outside the scope of this agreenma shall be on a tirm and rmtemls basis and shall conform to the fee schedule also comained in Exhibit "B". For harvested timber, WTM shall submit a surmnary of logging operations, showing vokune delivered, total mill paymems, amounts paid to City, WTM, and logger, as well as any amounts withheld for payment of forest excise tax or other costs. For other services, WTM shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that WTM is a firm skilled in matters pertaining to forest management and specifically silvicultural treatment of root dLscase and will perform independent functions and responsibilities in the area of its particular field ofexpe~ise. WTM and its personnel shall act as independent contractors and not employees ofthe City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within thc performance of these duties, W'rM shall work under the direction of the Forestry Manager. 5. INDUSTRIAL INSURANCE: WTM agrees to provide for State industrial insurance coverage for its personnel as required by State law. PROFESSIONAL SERVICES AGREEMENT --!-- ~T~I.PSA- 3/26/99 q 3684785161 BRENERTON LEGAl DEPT PAGE 02 6. LICENSE AND TAXES: WTM shall possess acurrent Bnxm~onBushaess License and any regulato~d ~ required to fulfill WTM obligations undor this Agreement. B & O taxes shall be paid when duc and WTM, by this Agreement, assigns any payments duc under this Agree~t to the City Clerk for payment of such taxes which have been declared dclinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during thc performance of the work coveted by this Agreement, WTM shall provide thc Risk Manager for thc City of Brcmenon with ~,.'idgncc that it has obtained and maintains in full force and cffect during the term of this A~t a policy of comprehensive general liability insurance, providing coverage of at least $1,000,000.00 in connection with thc work to bc pcrfo~ by WTM under this Agreement. Risk Manager shall be provided thirty (30) days' writtcn notice of any cancellation of said comprehensive get. al liability imurancc. WTM agrees to dcfeaxt, indemnify and save harmle~ the City, its appointed and clectcd officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attormy fees in defense ther~f~ of actions, claims or lawsuits for damages res~ from l~'~onal or bodily injury, imluding death at any time resulting therefrom, sustained or alleged to have been stmlained by any person or persons and on acamunt of dmrn~e to property, arising or ~llcged to have arisen directly or indirectly out of or in consequence of or thc perfonm~c of this Agreeamm, whether such injuries to persons or dmn~e to property is due to the negligence of WTM, its subcontractors, agents, sucx~ssors or assigns. This provision shall be inapplicable to the extent the CRy is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Rq~orts and Information - WI'M, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic repons and docurr~nts as it may request pertaining to the work or services undertaken pursuant to this Agreettmat, the costs and obligations incurred or to be inmmed in connection therewith, and any other matters covered by this Agreement. WTM will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agrccn~m constitutes the entire agreermm between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There arc attached hereto and incorporated by reference as part of this Agreement Exhibits "A" and "B". c. Ame~ts - Thc parties hereby ~ agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to WYM or by WTM to the City shall be in writing and delivered to the parties at the following addresses: PROFESSIONAL SERVICES AGREEMENT -2- WXM~.PSA- 3/26/99 BREMERTON LEGAl DEPT PAGE 83 City Clerk 239 Fourth St. Bremerton, WA. 98337 Washington Timberland Management, Inc. P.O. Box 130 Union, WA. 98592 ARm Gary A. Hanson, President e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions &this Agreement shall not be deetm:d a waiver of such, nor shall any waiver or relinquishment of such fight or power at any time be taken to be a waiver of any other breach. f_ Compliance with State, Local and Federal Laws - WTM agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applkable Law; Venue - This Agreemertt shall be conshmed and interpreted in accordance with the laws oftbe State of Washington and, in the event of dispute, tl~ venue of any action brought h~reund~r shall b~ in Kitsap County Superior Court. h. Attorrmy Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, ffany. 9. NONDISCRIMINATION: WTM shall not discriminate in employrnem or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except emplnyment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to thc other party, or for cause if either party fails substantially to perform through no fault of the other and does not co~ correction within five (5) days of written notice and diligently completes thc correction thereaRer. Upon such termination, City will be entitled to reports showing the status of all matters upon which WTM is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this ~ent the date and year indicated. WASHINGTON TIMBEI~AND MANAGEMENT, INC. Date: Date: PROFESSIONAL SERVICES NT~I.PsA- 3/25/99 BY: GARY A. HANSON, President CITY OF BREMERTON BY: LYNN HORTON, Mayor AGREEMENT It 03/29/1999 10:29 BREMERTON LEGAl DEPT PAGE 84 DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Dix~tor Public Works & Utilities RECEIVED FOR F~fiqO: PAULA .IOH~TON. DEPUTY CITY CLF~RK PROFESSIONAL SERVICES AGREEMENT -4- W~Mi.P~lk - 3/26/99 3-30-1999 P. 2 8:42AM FROM PW FORESTRY DIV 36¢ 478 %8~4 EXHIBIT (Attachment to be part of Professional Services Agreement for "Cable Salvage and Thinning") Scope of Services Deliverables: Within areas selected by the Forestry Manager and for which the City has obtamod a Forest Practices Permit from the Washington State Department of Natural Resources, WTM shall provide tho foil°Wing: 1) Field confirm disease pockets identified from GIS maps or ground reconnaissance 2) Field mark individual trees and/or disease unit boundaries for cable removal and salvage of dizoased or at-risk timber according to best management practices for cxmtrol of laminated root disease (Phellinus weirii). 3) Plan and supervise cable thinning operations ~n aroas specifiod by the Forestry Manager. Spacing of residual trees and harve~ selection to be based on the following: * Residual spacing to be approximately 120 trees per acre * Primarily dominant and co-dominant Douglas fir or specie best occupying the site of the largest size and best form shall be left · Residual volume per acre shall average 65% to 70% or more of original stand volume Deviations from the above shall be at the discretion of the Forestry Manager and in consultation with WTM 4) Arrange for and supervise ail road construction, harvesting, and hauling aCravities. City to provide culverts and rock from an existing pit on City land 5) All harvesting activities shall be conducted so as to minimize damage to the residual stand. 6) Deliver harvested timber to export restricted markets providing the highest valuo. 7) Harvest areas requiting reforestation shall bo left in a condition conducive to planting. 8) Non-merchantable tops and lmabs shall be left within the harvest unit providing no large accumulations of slash are created. Slash at landings shall be machine-piled and tim-trailed. 9) Provide log accountability records and timber payment disbursoments including periodic and final accounting statements. ~604785161 BRE~ERTON LEGAl D£PT PAGE 86 EXHIBIT "B' (A~ent to be par~ of Profes$ionnJ Services Agreement for "Cable Salvage and T~inning") Compens#~ign Schedule Log H~rvest: 1) W'FM shall receive ten percent (10~/o) of the dehvored log pnce for timber harvested as part of this agr~ment. No compensatim will be paid for WTM for pulp sort prices under $26/ton d~liv~rod price. Delivered log prices shall be from the ~ possible domesUc markets (all City timber is export r~stricted under WAC 240-15; all pertinent State regulations apply). 2) The following shall be deducted from log proceeds: WTM (10%) Logging and haul costs Authorized road building expenses Forest Excise and B & O taxes 3) WTM shall provide thc City with a periodic summary in a format approved by the Forestry Manager, showing mari~, volume and grade doliver~i, price per unit, total mill payments, disbursemmts to the City, WTM and logger, as well as other expenses described above or required by the Forestry Manager. Out of Scope Expenses: Any out of scope services approved by the Forestry Manager shall be paid for ~m a time and materials basis according to the following schedule: Miscellaneous Forestry Services: $$0.00/hour Mileage $0.30/mile WTM shall submit a statement descnbmg the senaces rendored with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the compt~_~_ statement, shall prompdy process said claim for payment.