Loading...
HomeMy WebLinkAbout04/17/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA APRIL 17, 1996 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 - April 3, 1996 #AB96-077 CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Bid Award Recommendation - llTH Street Reconstruction Project Chester Avenue To Warren Avenue Be Callow Avenue Basin CSO Reduction Project Priority 1, Phase 2 (V4214) Public Works Trust Fund Loan Approval ORDINANCES A. Ordinance #4550 (Second Reading) Adopting Interim Land Use Permit Regulations B. 6 7Ordin~ nzoe ~F~t~Re~ding).~Am~>g~The io .~./P~oc~ s/~_ Ben .~fit ./~_j~/S tart in~ Dep t nt/ e s, Ma geme o~=e.s~o~_l~ S~ ~aff~ A/~d. A~.n_ding/Cha/~fers ~d 1.5~ of ~he Bre~nert~n Munidipa~ Code #AB96-076 37 #AB96-080 ~ 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL M/NUTES - APRIL 3, 1996 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 4-17-96 Tnh-n _'~.: T.m'~,?. President 4-5-96 2. ~J~: (comment on back if necessary) 3. EXHIBITS: MAYOR ...... COUNCIL PRESIDENT 4. SU~Y STATSMENT AND REOUIREMENT FOR'COUNCIL C~TION. 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE:- REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: ;DED 11. AGENDA 'KILL NO: ?& -- -~77 TAPE #1370 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES APRIL 3, 1996 #0011 #0027 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, April 3, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Gary Fogelquist of Seventh Day Adventist Church. CONSENT AGENDA A. Minutes -- March 20, 1996 #AB96-068 M/S/C/U(Neville/Farr) to approve 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. M/S/C/U(Colvin/Montgomery) on April 3, 1996, the Council does approve for payment those vouchers included and further described as follows: 196402, 196411 through 196612 in the amount of $906,873.26. COUNCIL MEMBER REPORTS Mr. Overson reported the Tour Of Historic Homes was a grand success and generated approximately $2,000 for the Kitsap County Historical Museum. Plans are already being made for another tour next year that may include the home of the first Mayor of Bremerton. Mr. Fart reported Police office Kent Boekweg was recently involved in an accident with a bus, dragging him for about 10 feet and he survived with only bruises. He credits his limited injuries to the fact that he works out regularly at the YMCA and is physically fit. Mr. Farr noted Officer Boekweg's testament gives the effectiveness to the city's wellness program through the YMCA. He announced a new take-out food/restaurant has been opened by Tony Thomas at the corner of 6th and Wycoff - Soul Brothers BBQ and Southern Kitchen. He emphasized the importance of supporting local TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 2 of 10 Bremerton businesses, which in turn benefits the City of Bremerton. Mrs. Huff-Menees wished everyone a pleasant Easter weekend. Mr. McConnell announced the next District #2 Neighborhood Meeting will be held on April 9, 6:30 P.M., at Fire Station #3. The main topic to be discussed at that meeting will be a presentation on the downtown waterfront project by Mary McClure, Executive Director of the Sinclair Landing Association and Randy McGreal of Fletcher Wright. Mr. Colvin referenced a recent newspaper article about Dr. Ed Tengenfeldt and the Bremerton Community Clinic. He announced the Bremerton Community Theater will present "A Day In Hollywood And A Night In The Ukraine", which is the annual presentation by the CAPRI organization. The last District #1 Neighborhood Meeting will be held May 16 with Mayor Lynn Horton as the guest speaker. Lastly, he encouraged the public to attend the next Bremerton Symphony presentation. Mr. Neville acknowledged a letter he received from CAPRI and expressed his appreciation to them for their offered assistance when he was recently hospitalized. Mr. Winters wished his wife a "Happy Birthday". Mr. Law reported the next District #3 Neighborhood Meeting will be held April 16, 7:00 P.M., at the Senior Center. The program for that meeting will include concerns from the public and the Spring Clean Up and what can be done to make Manette a nicer place to live. He extended best wishes for a quick recovery to Mrs. Erhart, who suffered a broken bone. MAYOR'S REPORT Mayor Lynn Horton announced there will be a Spring Clean Up the week of April 15 - 20. Yard waste will be accepted at Evergreen Park on April 15 - 19 from 10:00 AM to 6:00 PM, and on April 20 from 6:00 AM to 8:00 PM. Bundles of yard waste 8-feet in length and no load should be longer than a pick up truck or small trailer. Additionally, Olympic View Landfill from the hours of 8:00 AM to 4:30 PM, will be accepting mattresses and upholstered furniture (no appliances) at the landfill site for one half the usual rate. This service is being provided to the Bremerton community by the City, Olympic View Landfill and Brem-Air Disposal Inc. Mayor Horton reminded everyone of Spring Break for school children and to be cautious drivers and watchful for children riding their bikes, crossing streets, etc. TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 3 of 10 Mayor Horton proclaimed April 1-7, 1996 as American Former Prisoner Of War Recognition And Bataan Week. Bob Sauter accepted the Proclamation and thanked the Mayor and City for recognizing this group. Bremerton is the only place in the United States that issues such a Proclamation for the American ex-prisoners of war, which he believes is very noteworthy for Bremerton. He also received a Proclamation from Governor Lowery, but it was not given without a lot of pressure. This year it is a special tribute to the only Filipino scout ever to receive a Medal Of Honor, who is a patient at American Lake. Mr. Sauter invited everyone to attend the ceremony at Bataan Park on April 6, 11:00 AM. PUBLIC RECOGNITION Bob Sauter commentedon recent public criticism of the Navy's plan to build a sports center at Puget Sound Naval Shipyard. He emphasized such a facility is 40 years overdue and will serve a lot of young men and women in the military. He felt it would behoove the City Council, as a body, to write a letter of support for this sports facility. He believes he has identified a safety problem on the new Kitsap Transit buses...not one of them has identification of emergency exits other than the front door of the bus. It was his belief that there is an OSHA requirement that such identification must be made in every passenger carrying vehicle. He encouraged the City Council to take up that issue with Kitsap Transit. Ann Thurman-Burne11, 1717 Sheridan Rd. #107, spoke on keeping the USS Missouri in Bremerton because it is tangible history, many people living in this area actually worked on it, and it is a strong tourist attraction for the City. She emphasized this is not just a local or State issue, but more a national issue. Carol Atkinson, Bremerton Main Street Association, talked about the Olympic Torch Relay on May 7, which will come through Bremerton. As part of this event, banners can be purchased by individual companies, which would be hung along the relay route. If anyone is interested in purchasing banners, they can contact the United Way office or the Bremerton Main Street Office. Mr. Winters asked Ms. Atkinson to keep Council updated on who will be running in the relay and the route. Ms. Atkinson stated the route information was not to be disclosed until April 7, but there will be a display along with some entertainment on the boardwalk on March 7, at approximately 3:30 P.M., prior to the torch being carried on board the ferry. Don Larson, President of Washington Scuba Alliance made the following announcements: (1) Month of April is Department Of Ecology's County Down To Earth Day recognition; and as part of that he hoped people would stop and TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 4 of 10 pick up trash along streets and roadways. (2) April 20 Sinclair Inlet Clean Up and Marine Fair - 12:00 (noon) at the First Street Dock. Bob S&uter announced on April 20 the USS Donald K. Ross DDG71 will be christened in Pascagoula, Mississippi. He thanked everyone in Bremerton and Kitsap County for the support they rendered when asked to write letters to the President of the United States and Secretary Of The Navy urging them to honor Don Ross in this manner. Gord¥ Byrd reported recently he heard some positive comments from other people about the City. 7A - TENNIS COURT RENOVATION WORK/ATLANTIC NATIONAL, #AB96-069 Tennis courts at Manette and Warren Avenue are scheduled to be resurfaced in 1996. No companies responded to the bid request for this project, and consequently the department is free to negotiate with whomever they feel is best suited to perform the work. Atlantic National has completed tennis court resurfacing for this Department in the past year, and as a result of oversight, failed to submit a bid for these projects. The negotiated cost for this project from Atlantic National, including tax, is $19,998.50. Money has been allocated for these projects in Parks Facility Construction Fund-Il2. The action before City Council is approval of this bid for work. Jim Spencer, Parks and Recreation Director, explained by not receiving any bid responses, the City was able to negotiate directly with Atlantic National, who resurfaced two courts at Kiwanis Field and one court at Forest Ridge in 1995. The City was pleased with that earlier work and the price negotiated turned out to be a per court cost and was less than the cost negotiated in 1995. At least one of the courts at each site (Warren Avenue and Manette), will include pickle ball striping. Public comment - none. Mr. Montgomery asked if the work could be completed earlier than June or July? Mr. Spencer explained the resurfacing work is temperature related and nighttime temperature need to be around 55 degrees. If temperatures warm up, that work can be completed sooner. Mr. Overson asked for clarification of the fact work would include resurfacing three courts at Warren Avenue at a cost of $9,200, but the City is only getting two courts at the Senior Center for $9,200. The budget proposed an estimate of $35,000 for the two sites ($25,000 for the Warren Avenue site and $10,000 for the 5 #1044 TAPE #1370 city Council Reg. Mtg. Minutes April 3, 1996 Page 5 of 10 Senior Center site. Mr. Spencer stated the appropriation for the Warren Avenue site included some fencing work. The project was looked at in total from Atlantic National's standpoint and they split the project in half. In terms of actual work at each of the two sites, it will be more like a $12,000 - $8,000 split based on a $4,000 per court price. Mr. Neville asked if he understood correctly that there is a guarantee on their product? Mr. Spencer explained the work would include the complete resurfacing of the courts, which are expected to last between 8-12 years and they will come back and fix any workmanship upon notification. If for some reason the courts are damaged due to inappropriate play, they would not be responsible for those repairs. Mr. Neville noted this project is long overdue and he remembers the Manette Courts being in poor condition when he was a child and the Warren Avenue courts have been in disrepair for the last 20+ years. M/S/C/U(Neville/Winters) to authorize acceptance of the Atlantic National cost for tennis court resurfacing at Warren Avenue and Manette. 7B - BID AWARD RECOMMENDATION FOR COMBINATION VACUUM SEWER CLEANER/BEN-KO-MATIC COMPANYt ~AB96-070 Bids were opened for one combination vacuum sewer cleaner on February 20, 1996. Two bids were received for this unit. The iow bidder was North American Crane & Equipment, but they failed on many specifications (see attached list). The other bidder, Ben-Ko- Matic Brush & Equipment Company of Seattle Washington. The truck and chassis which the Vactor will be mounted on was ordered separately from the Washington State Bid List. The cost of mounting the vactor on the truck is included in the purchase price of the vactor unit. Cost of New Vactor Unit Less: Trade-in Value of Old Vactor Truck #336 Net Cost of New Vactor Unit $163,274.88 (Tax Included) - 62,000.00 $101,274.88 Add: Truck and Chassis + 85,673.56 (WA State Bid List) Total Cost of Combination Unit $186,948.44 The recommendation before Council is approval of Ben-Ko-Matic Brush & Equipment Company's bid amount of $163,274.88, including Washington State sales tax. Also recommended with this bid amount is the trade-in amount on the City of Bremerton's used vactor vehicle of $62,000.00 offered by Ben-Ko-Matic. The net cost of the #1232 TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 6 of 10 new Vactor unit will be $101,274.88. Wayne Hamilton, Utilities Operations Manager, stated he would standby to answer any questions Council may have relating to this issue. Elizabeth Buell asked how the equipment is used. Mr. Hamilton explained this equipment is used to jetting and cleaning sewer lines, storm systems throughout the City, and helps other departments to expose different utilities or pothole measurements, etc.. Mr. Colvin ask what does the City currently have in place to carry out this function? Mr. Hamilton stated the Utility is using two 1989 vehicles, which are getting older and becoming high maintenance cost items. The new vehicle is larger and has newer technology for its operation. Mr. Winters asked the size of the tank on the present vehicles as opposed to the new vehicle? Mr. Hamilton explained the debris boxes on the existing vehicles are 8-yards, with each holding about 5 cubic yards of material with the remainder being water. The new vehicle will have a 15-yard debris box, which would double the capacity of the older model. Mr. Winters asked where does the City dispose of the materials collected? Mr. Hamilton stated materials taken out of the stormwater system are disposed of at the landfill. Materials taken out of the sanitary sewer system are processed through the sewer treatment plant. If the material is just dirt, it can be deposited at a dirt disposal site. Mr. Winters asked how many trips per day are made to empty the truck? Mr. Hamilton stated 1-2, depending on how much debris is collected. He anticipates being able to go once every two days when the new vehicle is operating, which will be cost savings on transportation time. M/S/C/U(Huff-Menees/Montgomery) to authorize and direct the Mayor to execute the contract for the purchase of one combination vacuum sewer cleaner from Ben-Ko-Matic Brush & Equipment Company for the contract amount of $101,274.88, including Washington State sales tax, subject to City Administrative Polices & Procedures. 7C - PROFESSIONAL SERVICES AGREEMENT WITH DIAMOND PARKINGt ~AB96- 071 In 1986, the City entered into a contract with Diamond Parking to operate and manage City owned parking facilities. The current extension ends March 30, 1996. Staff consensus is to extend the contract through December 31, 1997. This request for contract extension is based on several factors: 1) Operating costs are such that self operation is not economically feasible; 2) Re-bidding would require a minimum three year contract to allow any potential TAPE ~1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 7 of 10 contractor to recover capital investment; 3) The planned redevelopment of the waterfront anticipated in late 1997 does not permit accurate revenue forecasting for preparing bid requests or for contractor response; and 4) There has been no serious inquiry for contracting. There are no substantive changes in the Agreement. Gil Johnson Purchasing Supervisor, stated he would standby for any questions Council might have on this issue. Public comment - none. Mr. Neville asked if a parking rate increase is planned in the near future? Mr. Johnson explained the rate schedules for parking are predicated on business requirements ... supply and demand, so there is a "float" on parking rates at different times of the year and weekends depending on events. Mr. Neville asked the number of years the City has contracted with Diamond Parking? Mr. Johnson stated since 1986. Mr. Neville asked if the parking violations within the City's parking lots are paid to the City? Mr. Johnson stated no, they would be paid to Diamond Parking and out of that the City gets its share of the revenue. Mr. Neville asked if this contract is monitored by the City's internal Auditor? Mr. Johnson stated yes. Mr. Colvin asked Mr. Johnson to clarify the comment that "operating costs are such that self-operation is not economically feasible." Mr. Johnson stated it would require a capital investment for coin boxes, signage, etc., plus the salaries and supplies, which would amount to a substantial cost of approximately $80-90,000 per year. Mr. F&rr asked if Mr. Johnson was aware of any complaints about Diamond's operation of City parking facilities? Mr. Johnson stated no. Mr. Overson noted the parking income was significantly down for the parking garage and the lots on Park Avenue, which he believes reflect the shipyards' reduced size and the Navy's increase support of parking for their people at the west end of the Shipyard between Montgomery and Callow Avenue. He emphasized the City had requested the Navy provide parking for their personnel and it appears they are doing a good job of that at the present time. He posed the question maybe it was time to sell the Park Avenue parking lots for business and return them to the tax rolls; and then do something to help promote parking in the City garage. Mr. Johnson stated "marketing" is one of the aspects of the contract, and as part of the extension, the City is requiring that Diamond Parking provide a Marketing Plan and quarterly reports of results of that plan as it is implemented. #1457 TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 8 of 10 M/S/C(Overson/McConnell) to approve the contract extension with Diamond Parking through December 31, 1997. Vote on motion: In Favor: Overson, Neville, Farr, Huff-Menees, Law, Montgomery, McConnell, Colvin Winters: Abstain Motion carried. 7D - CONTRACT WITH MUNICOM FOR CABLE REFRANCHISE SERVICES, #AB96- 072 It is recommended that Stephen Jolin of MuniCom be hired to complete negotiations for cable franchise agreements with TCI and Falcon. Mr. Jolin proposes to meet with staff to develop strategy for negotiations; revise draft franchises; complete negotiations, and prepare final documents. He comes highly recommended in the industry and is prepared to schedule negotiation sessions immediately following initial staff meetings. Kathleen McCluske¥, City Clerk, stated she would be available to answer any questions. Elizabeth Buell asked if this proposal means a rate increase? Mrs. McCluske¥ explained this is a proposed contract for a consultant to renegotiate the franchise with the cable companies. This contract has nothing to do with rates; however, at the April 10th City Council meeting there will be an Information Item on the Agenda to deal with TCI's proposed rate increases. Mr. Colvin asked why do we need a negotiator? Mrs. McCluske¥ explained because of the complexity of the Telecommunications Act that governs the cable companies, it is an area that City staff is not either trained in or has the background or experience to deal with the refranchising once every 10-years. Much more is required than just sitting down an negotiating, there is a tremendous amount of background work to look at the finances of the companies, the technical capability, complaints, quality of picture, etc., and the consultant provides those services. Mr. Winters asked if the Cable Advisory Committee meetings are open to the public and would Mr. Jolin be present at the Committee's next meeting? Mrs. McCluske¥ stated the meetings are open to the public, but she doubted Mr. Jolin would be attending the Cable Advisory Committee meeting since his office is located in Portland, Oregon. To maximize the City's dollars, he will be asked to only come for full day negotiation sessions of strategy and development. There is the possibility she could schedule something so it coincided with a future Committee meeting. Mr. Winters stated Council was provided with some background data on Mr. Jolin and TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 9 of 10 asked if that information could be made available if someone from the public requested it at the Cable Advisory Committee meeting? Mrs. McCluske¥ stated yes, that information could be provided. Mr. Neville asked if references and experiences provided by Mr. Jolin that covered seven different states had been checked? Mrs. McCluske¥ stated references were check within the State of Washington, i.e. Tacoma, Issaquah, Thurston County and Seattle. All of the reference responses were nothing but high praise for Mr. Jolin's technical ability, negotiations skills and very reliable in moving the negotiations forward. After meeting with Mr. Jolin on April 1, she came away impressed with his knowledge and the direction he would like to take on the City's behalf. #1812 Mr. McConnell asked if the contract cost of $15,600 was for a one- year period? Mrs. M~Cluske¥ stated yes, it is an estimate. Mr. Jolin indicated if negotiations proceed as he hopes, the estimated amount will cover the costs, but if problems are encountered then it may require further allocation of funds upon Council approval. Mr. Jolin indicated he hoped to start negotiations in May and spend the rest of April reworking the RFP document. Mr. Winters questioned the terms of the "termination clause"? Mrs. McCluske¥ stated the City can terminate the contract with a 30-days notice without cause and a 5-day notice for cause. Mr. Overson stated in the past he thought portions of the contractual costs were passed through to the cable companies and asked if that was correct? Mrs. M~Cluskey stated unfortunately it is not as true as 10 years ago, but the City is taking that position. The City required a filing fee of both companies and some of the City's costs are recovered in that fee. According to Mr. Jolin, most cities are still taking that approach, but is something that the FCC rules may have changed. M/S/C/U(Farr/McConnell) to approve the contract with Stephen Jolin, MuniCom, for the period 4/01/96 to 3/31/97. 7E - FRANCHISE EXTENSION FOR TCI ]~ND FALCON CABLE, #AB96-073 Attached is an extension of franchise to 4/1/97 or completion of negotiations, whichever is sooner. This will assure continuation of cable services, and payment of franchise fees as we proceed with negotiations. Kathleen McCluske¥, City Clerk, stated the City's cable franchises expired in May of 1995. The City had hoped to have negotiations completed his year, but for a number of reasons things went slower than anticipated, so the companies signed one-year extension /0 #1927 TAPE #1370 City Council Reg. Mtg. Minutes April 3, 1996 Page 10 of 10 agreements. This assures payment of the franchise taxes and that they comply with the terms of the franchise that relate to customer service, quality of picture, use of the right-of-way, etc. Public comment - none. Mr. Overson asked if he understood correctly that wording in the franchise extensions prevented any breaks in service? Mrs. McCluske¥ stated Mr. Overson was correct. M/S/C/U(Montgomery/Farr) to approve franchise extension for TCI and Falcon Cable. Presi4ent Law extended a special "thank you" to the volunteers, who serve as the T.V. camera crew televising City Council meeting, for their dedicated services. With no further business meeting adjourned at 6:38 P.M.. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: llTH STREET RECONSTRUCTION PROJECT CHESTER AVE TO WARREN AVE. B I D AWARD 2. ~R~ :~S/ (Comment on back ' necessary) Direct/~,~bl c W~~ & Utilities City T s er Coun Tl~'~2~~s ~~ dil ,Oper Council Fiscal & Budget Committee FOR AGENDA OF: April 17, 1996 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: Randy Witt'~~ DATE SUBMITTED: April 3, 1996 o EXHIBITS: 1. Bid Summary 2. Post Bid Funding Summary ApP o BY coUNcil. Bids were opened for the llth Street Reconstruction Project on March 25, 1996. Three bids for this project were received. The iow bidder is C.A. Carey, Corp. in the amount of $396,692.80 including sales tax. The engineer's estimate prepared on completion of design for this project was $349,391.80 including sales tax. (cont.) 5. RECfkX94ENDATION: The City Council approve a contract for $396,692.80 with C.A. Carey, Corp. for construction of the llth Street Reconstruction Project and authorize the Mayor to execute the same subject to City Administrative Policies and Procedures. pUT.?.W.D [ ] TABLED [ ] COUNCIL DIRECTIVE: RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED [ ] DISAPPROVED [ ] AMENDED [ ] 11. AGENDA BILL NO.: (OVER) 2. CT~ARANCE C~TS: 3. SU~4ARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation The primary reasons for the difference between the engineers estimate and the contractors bids appear to be because the steepness of the grade and the amount of time llth St. can be closed. The action before the City Council is approval of a contract for construction of this project. 5. IMPACT ON NON-PASSAGE: The llth Street Reconstruction Project will not be constructed improvements to the transportation system will not occur at this time. and the needed 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT AND OTHER RESOURCES: Staffinq: Project will require 480 hours of staff time for inspection and management. construction Budget: An expenditure from the Arterial Street Fund of $107,478 is required for construction which exceeds the budgeted amount of $88,872 by $18,606. The Transportation Improvement Board (TIB) allocated $355,464 for construction which exceeds the prospectus amount by $27,951. Staff recommends that the additional funding, $18,606 for this project be allocated out of the Arterial Street Fund which has adequate funds for this increase. A budget adjustment will be made when a project is completed. See the attached Post Bid Funding Summary for more detail. Facilities/Equipment: Construction of this project will reduce maintenance of this street section.. 7. RESEARCH SOURCES: 96254a 11TH STREET RECONSTRUCTION BID TABULATION 3~26~96 ENGINEER'S ITEM QTY. UNIT ESTIMATE ACE PAVING C.A.CAREY STAN PALMER UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL COST COST COST COST COST COST COST COST __MOBILIZATION. I EACH ~5~=57;~Q0: $45,573.00 $!0,OO0.00, $10,000,0o $36,000,00 $36,000.00 $11,300.00 $11,3oo.oo ::: SiD~A~k:.i ::: 529 SY $2,645.o0 i;;$3;50.~ i $1,851.5o : $4,50 $2,380.50 68.00 $4,232.oo REMOVE GUARDRAIL ~ 965 LF ::; :. $3~50: ii:~ ,: $3,377.50 : : $1.92 $1,852.80 $1.50 $1,447.50 $3.00 $2,895.00 REMOVE & REPLACE MINOR sTRUCTUREs 12 EACH S150.00. $1,e00.00 i$~.5°,00 $1,800.00 $45,0o. $540.00 $100~00 $1,200.00 REMOVE EX,ST .G PAVEMEN3~:INCL : 4068 SY ' ~;~0;~".iil;;;i;$16,272.00 :,i.:;i;$8;50 = $34,578.00 ;:,$i0;20; $41,493.60 * $i3.00 $52,884.00 ROADWAY EX,:INCL : · ' : - HAUL i 400 CY $1150 =: $600.00 $10.00 $4,OOO.OO $25.00~ $10,000.00 $20.00 $8,OOO.OO GRAVEL BORROW INCL HAUL: :;:: 100 TNS $5.50:: $550.00 $12.00 $1,200.00 $15.00 $1,500.00 $10.00 $1,000.00 FURNISHAND = ~ ' INSTALL 12" CONC STORM ; 67 LF $27;00 $1,809.00 $36.25 $2,428.75 $30.00 $2,010.00 $25.00 $1,675.00 FURNISH &INSTALL · CB TYPE 1 2 EACH $750.00 $1,500.00 $700.00 $1,400.00 $650.00 $1,300.00 $600.00 $1,200.00 FURNISH & INSTALL 48" TYPE 2 CB 1 EACH $750.00 $750.00 $1,894.23 $1,894.23 $1,800.00 $1,800.00 $2,000.00 $2,000.00 CRUSHED SURFACING TOP COURSE 954 TNS $14.00 $13,356.00 $20.00 $19,080.00 $16.80 $16,027.20 $21.00 $20,034.00 INTEGRAL PC(; CURB 1350 LF $7.00 $9,450,00 $9.75 $13,162.50 $6.00 $8,100.00 $11.00 $14,850.00 PCC SIDEWALK 825 SY $17.00 $14,025.00 $21.82 $18,001.50 $20.00 $16,500.00 $16.00 $13,200.00 HANDRAIL 2" GALVANIZED 900 LF $17.00 $15,300.00 $33.34 $30,006.00 $35.00 $31,500.00 $25.00 $22,500.00 PCC PAVEMENT 3948 SY $39.65 $156,530.30 $45.25 $178,647.00 $37.00 $146,076.00 $48.00 $189,504.00 DIFFERENCE AVG UNIT BETWEEN COST CITY & CONTR. CONTR. COST $19,100.00 $26,473.00 $3.90 ($1.40) $5.33 ($0.33)~ $2.14 $1.36 $98.33 $51.67 $10,57 ($6.57) $18.33 ($16.83) $12.33 ($6.83) $30.42 ($3.42) $650.00 $100.00 $1,898.08 ($1,148.08) $19.27 ($5.27) $8.92 ($1.92) $19.27 ($2.27) $31.11 ($14.11) $43.42 ($3.77) Page 1 1 1TH STREET RECONSTRUCTION BID TABULATION 3~26~96 ENGINEER'S ITEM QTY.! UNIT ESTIMATE ACE PAVING C.A.CAREY STAN PALMER :!~UNIT TOTAL ··UNIT TOTAL UNIT TOTAL UNIT TOTAL ,,i'? C, OS~. COST : COST COST COST COST COST COST AC PAVEMENT CL "B" := : ' :, 116 TNS ;!i$35;00i!; $4,060.00 $125;00 $14,500.00 $130.00 $15,080.00 $100.00 $11,600.00 ADJUSTWTR MTR i ', :: , ; JUNcTiON BOXTO : · GRADE . 2 EACH $200~00 $4oo.oo $100.00 $2oo.oo $100.00 $200.00 ' $SO.00 $100.00 ADjuSTW?. VLVTo ' ,, GRADE 5 = EACH $200.00 $1,000.00 $135.00 $675.00 $50.00 $250.00 $50.00 $250.00 ADJUST MNHLE TO GRADE 4 EACH $200.00 $800.00 $250.00 $1,000.00 $250.00 $1,000.00 $200.00 $800.00 ADJUST CB TO '~ GRADE 5 EACH' $200.00 $1,000.00 $250.00 $1,250.00 $200.0O $1,000.00 $20O.O0 $1,000.00 TRAFFIC CONYROL ' ' LABOR: 384 HRS :'$25.00 $9,600.00 $25.00 $9,600.00 = $28.00 $10,752.00 $28.00 $10,752.00 MAINTENANCE& '~ :' :: PROTECTION OF : :TRAFFic: ; 1 LS $5,400;00 $5,400.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 11TH ST &,WARREN :~:. ::, :, , AVE SIGNAl. LOOPS 3 EACH : $i,500.® $4,500.00 $520.00 $1,560.00 $600.00 $1,800.00 $550.00 $1,650.00 INSTALL ILLUMINATION SYSTEM 1 LS $17,500.00 $17,500.00 $21,000.00 $21,000.00 $24,000.00 $24,000.00 $22,000.00 $22,000.00 RIP RAP LOOSE 284 TNS $28.50 $8,094.00 $35.00 $9,940.00 $34.00 $9,656.00 $26.00 $7,384.00 FORCE ACCOUNT 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 FINAL TOTAL: $349,391.80 $408,827.28 $396,692.80 * $422,410.00 DIFFERENCE AVG UNIT BETWEEN COST CITY & CONTR. 'CONTR. COST $116.33 ($83.33) $83.33 $11667 $78.33 $121.67 $233.33 ($33.33) $216.67 ($16.67) $27.00 ($2.00)! $6,500.00 ($1,100.00) $556.67 $943.33 $22,333.33 ($4,833.33 $31.67 ($3.17) $1o,Ooo.oo $o.oot, * CA CAREY WRITTEN AMOUNTS DID NOT MATCH THE CALCULATED AMOUNTS. THEY ARE STILL THE LOW BIDDER WITH CALCULATION CORRECTIONS MADE. Page 2 POST BID FUNDING SUMMARY 1 lth Street Reconstruction Project (PN: E42033) Chester Avenue to Warren Avenue PROJECT COSTS: Design (City) ........................................................... $26,050 Design (Consultant) .................................................. $5,200 ROW .............................................................................. -0- Subtotal Design Cost: ................................... $31,250 Construction Bid ................................................... $396,693 Inspection & Const. Survey ..................................... $42,000 City Crew Const Allowance .................................... $18,000 Subtotal Estimated Construction Costs ........ $456,692 Total Estimated Project Costs ............................... $487,942 PROJECT REVENUE: TIB Prospectus ..................................................... $352,513 TIB Post Bid Administrative Adjustment ................. $27,951 City Arterial Street Budget Amount ........................ $88,872 Total Available Funding ........................................ $469,336 Funding Shortfall ..................................................... $18,606 NOTE: The funding shortfall will be made up through an appropriation of available Arterial Street Funds. A contingency allowance of 10% of the construction bid amount is available in the TIB funding. However, as these funds are not budgeted from the TIB umil the project is complete, a budget is not shown in this summary. 96254 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Callow Avenue Basin CSO Reduction Project; Priority 1, Phase 2 (V4214) Public Works Trust Fund Loan Approval 2. CLEARANCES: (comment on backj~~ Director, Public Works/Utilities [/ City Attorney City Treasurer Budget & Finance Committee Operations Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: April 17, 1996 Public Works/Utilities R. Witt, City Engineer'~tO~ April 3, 1996 EXHIBITS A. Public Works Trust Fund Loan Agreemem . MAYOR ~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Last year, City staff applied to the Public Works Trust Fund (PWTF) for a low interest loan for the Callow Avenue Basin CSO Reduction Project; Priority 1, Phase 2 construction. The application ranked highly in the selection process, was recommended for funding by PWTF Board, and was recently approved for funding by the State Legislature. The attached loan agreement has a face value of $2,844,000, an interest rate of 1%, and is payable over 20 years. Matching funds are provided in the approved 1996 budget. Staffrecommends approval of the loan agreement. 8. RECOMMENDATION: The City Council authorize and direct the Mayor to emer into the attached loan agreement with the Public Works Trust Fund in the amount of $2,844,000 for the Callow Avenue Basin CSO Reduction Project; Priority 1, Phase 2 construction. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A 10. NOTIC'E OF ACTION PULLED TABLED APPROVED DISAPPROVED __ AMENDED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: q ~'- 0-7 ~ t7 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Adequate funding will not be available for construction of the project. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES 96255 CITY Of BREMERTON WASTEWATER UTILITY COST Of FUNDS COMPARISON PWTF LOAN vs REVENUE BONDS YEAR 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 PVVTF LOAN * REVENUE NPV BOND** SAVINGS SAVINGS*** 170 640 169 218 167 796 166 374 164 952 163 530 162 108 160 686 159 264 157,842 156,420 154,998 153 576 152,154 150 732 149 310 147 888 146 466 145 044 143 622 160.686 160 686 160.686 160 686 160 686 160 686 160 686 160 686 160 686 160 686 160 686 160 686 160,686 3,004,686 0 0 0 0 0 (9,954) (9,954) (8,532) (8,283) (7,110) (6,702) (5,688) (5,205) (4,266) (3,790) (2,844) (2,453) (1,422) (1,191) 0 0 1,422 1,123 2,844 2,180 4,266 3,174 5,688 4,109 7,110 4,987 2,852,532 1,942,435 (150,732) (99,652) (149,310) (95,836) (147,888) (92,159) (146,466) (88,614) (145,044) (85,198) (143,622) (81,906) TOTAL ~ ~ 1.950.98~4 ~ * PWTF Loan in the amount of $2,844,000 is level principle, declining interest at 1%for 20 yrs. ** Assumes revenue bonds would have been '~vrapped around" existing bonds; $2,844,000 at 5.65% 2008. *** Future savings discounted at 3%. STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT 906 Columbia St. SW · PO Box 48300 · Olympia, Washington 98504-8300 · (360) 753-2200 Mr. Randy Witt City of Bremerton 239 Fourth Street Bremerton, WA 98337 March 21, 1996 RE: PWTF Loan Agreement Number PW-5-96-791-006 Dear Mr. Witt: Enclosed are the original and two copies of the Public Works Trust Fund Loan Agreement, PW-5-96-791-006, between Bremerton and the Department of Community, Trade and Economic Development. The agreement details the terms and conditions that will govern the contract between us, which includes the project's Scope of Work and an Attorney's Certification as formal attachments. Instructions for drawing the loan funds are included, as are the necessary forms for the first two draws. The loan agreement specifies that the first 15 percent of the loan may be disbursed within 30 days of the date of execution of this agreement. It is recommended that you submit the first voucher form with the executed agreements and related documents. The face amount of the loan is $2,844,000.00. A change in any element of the loan agreement will require an amendment and may necessitate an adjustment in the loan amount or the interest rate. Please review the terms and conditions of the loan agreement carefully, as well as the attachments. Please note - Section 4.09 must be filled out before the loan can be executed. The section has been changed from previous loan agreements, and now requires your jurisdiction to identify whether this loan will be a general or revenue obligation. Also, please provide the account name information in the space provided on pa,qe five, Section 4.07. Randy Witt PW-5-96-791-006 Page Two When you have obtained the appropriate signatures, including the Attorney's Certification, please return all three of the agreements to the Department of Community, Trade and Economic Development. The Department representative will sign the loan agreements and one fully-executed copy will be returned for your files. If your project involves utility work, you are encouraged to review your applicable comprehensive plan to assure compliance. Under Washington law, some utilities may not engage in construction unless such work is in compliance with the system's comprehensive plan. Consultation with your in-house legal advisor or your bond counsel may be warranted. The Washington Administrative Code (WAC) 399-30-060(5) requires the loan agreements be signed by you and returned to the Department within 90 calendar days of the date of this letter. Failure to comply with this section may result in your loan offer being withdrawn. We are looking forward to working with you over the course of your successful public works project. If you have any questions about the loan agreement, please call me at (360) 664-0406. You may also call Denise Van Housen, the Regional Account Executive for your area at (360) 753-4283. Sincerely, Mike Woods PW'i'F Contracts Manager MW:mw Enclosures PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-5-96-791-006 Bremerton PART !: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten 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 projects 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, A'I-rACHMENT I1: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT LOCAL GOVERNMENT Name Name TiUe Title Date Approved as to Form by Attorney General Date Federal Taxpayer Identification Number Assistant Attomey General Date Page 1 PVVTF 1996 Construction Loan Agreement Printed 2/7/96 PART I1: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD (referred to as the "BOARD"), and Bremerton (referred to as the "LOCAL GOVERNMENT"). The DEPARTMENT has received an appropriation from the Washington State Legislature under the authority of Chapter 43.155 RCW to provide financial assistance to selected units of local government for the repair, replacement, reconstruction, rehabilitation, or improvement of bddges, roads, domestic water systems, sanitary sewer, and storm sewer systems. 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 II1: PURPOSE The DEPARTMENT 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 A'I-i'ACHMENT I: SCOPE OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon which this agreement is based. The assisted 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 DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $2,844,000.00. 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 final payment due July 1, 2016. 4.02 Local Project 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 Page 2 PW'rF 1996 Construction Loan Agreement Pdnted 2/7/96 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 A'I-rACHMENT I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months pdor to the execution of the loan agreement and vedfied 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. 4.03 Disbursement of Loan Proceeds The DEPARTMENT shall issue warrants 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 provided by the DEPARTMENT. 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 pement (15%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTMENT 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 by the DEPARTMENT 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 by the DEPARTMENT to the LOCAL GOVERNMENT within thirty (30) days of the execution of a Notice to Proceed following the formal award of a contrect 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 DEPARTMENT 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 bdng the total loan in excess of seventy percent (70%) of the eligible project costs or the total of $2,844,000.00 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 final loan amount, interest rate, and local share. Page 3 PWTF 1996 Construction Loan Agreement Printed 2/7/96 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 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 funds disbursed by the DEPARTMENT and 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. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates. (Overrun of project costs.) 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 dudng the life of this loan agreement. Such procedures shall consistof the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Perf(~rmance The LOCAL-GOVERNMENT shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than October 1, 1996, and reach project completion no later than thirty (30) 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, 1997, 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 from the DEPARTMENT. Interest will begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL GOVERNMENT. Subsequent repayments shall consist of 1/19 of the Page 4 PWTF 1996 Construction Loan Agreement Printed 2/7/96 principal 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 dght to repay the unpaid balance of the loan in full at any time, and the dght to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. 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 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 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 to the DEPARTMENT in accordance with Section 4.06 of this agreement. A payment not recieved within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty begining 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 DEPARTMENT 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 DEPARTMENT 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 DEPARTMENT in any action undertaken to enforce its dghts under this section. Page 5 PW'rF 1996 Construction Loan Agreement Printed 2/7/96 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please check and initial the appropriate option. 1. I-I GOVERNMENT. General Obligation: This loan is a general obligation of the LOCAL 2. [-] Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer or storm sewer 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 bddge, 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 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 DEPARTMENT grants the LOCAL GOVERNMENT the dght 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 (VVastewater) [] Stormwater Water/Sanitary Sewer ~ Stormwater/Sanitary Sewer 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. 4.10 Recordkeepin.q and Access to Records The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require. Such records will include information pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all Page 6 PWTF 1996 Construction Loan Agreement Printed 2/7/96 applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a pedod of three years from the date of project completion. The DEPARTMENT and duly authorized officials of the state shall have full access and the right to examine, 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. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT 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 4.15. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, 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, adsing from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents of either in the performance 'of this agreement, however caused. In the case of negligence of both the DEPARTMENT 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 govemed by this agreement, the LOCAL GOVERNMENT may request an amendment of 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 DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.14 Disputes Except as otherwise provided 'in this agreement, any dispute concerning a question of fact adsing under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision of the panel shall be final and conclusive. Page 7 PWTF 1996 Construction Loan Agreement Printed 2/7/96 This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 4.15 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 DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT 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 DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.16 Govemin,q 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 Proiect Completion The DEPARTMENT 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 DEPARTMENT: 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. 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. 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 PWTF 1996 Construction Loan Agreement Printed 2/7/96 4.19 Proiect 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 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 may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Si(~ns If the LOCAL GOVERNMENT displays, dudng 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 Business Enterprises (MWBE) The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this loan agreement. LOCAL GOVERNMENTS may set their own utilization standards, based upon local conditions, or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. 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 DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.14; Disputes. Page 9 Pvv'rF 1996 Construction Loan Agreement Printed 2/7/96 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 PW'FF 1996 Construction Loan Agreement Printed 2/7/96 PUBLIC WORKS TRUST FUND ATTACHMENT 1' SCOPE OF WORK PW-5-96-791-006 City of Bremerton (Judsdiction) Callow Avenue Basin CSO Reduction Phase 2 (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): Please sec the attached sheet. 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: 20 years. I, Randy ~'/itt , licensed engineer, certify that the average expected useful life for the improvements described above is 20 years. Date: i~ ,,~kt~, 9(3 Telephone: (360) 478-5348 C:\CONq-r EMP\C O N S'ISAI-rAC H 1 .DOT Scope of Work Page Two PW-5-96-791-006 Estimated Project Costs: Preliminary Engineer Report Design Engineering Land/R-O-W Acquisition Sales or Use Taxes Other. Fees (Disposal) Construction Inspection (5%) Start-up Costs Financing Costs Contingency (10 %) Construction TOTAL ESTIMATED COSTS Repair or Replacement $ $ 10~000 620,000 238,905 477~806 3,451,350 $4,798,059 Expansion or Growth $ Total $ $ 10,000 620,000 238,903 477,806 3,451,550 $ 4,798,059 Anticipated Fund Sources: A. Federal Grants State Grants Bo Locally Generated Revenue General Funds Capital Reserves Other Fund Rates Assessments (LID, RID, ULID) Special Levies Federal Loan(s) from: (identify all) State Loan(s) from: (identify all) Centenial Clean Water Fund Loan Other. identify sources) TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 1,954,059 $ $ $ $ 0 $ 1.954,059 $ 2,844,000 C:\CONTTEMP~ONST',ATTACH1.DOT PUBLIC WORKS TRUST FUND PROJECT SCOPE CITY OF BREMERTON CALLOW AVENUE BASIN CSO REDUCTION PROJECT PRIORITY 1, PHASE 2 The Callow Avenue Basin CSO Reduction project scope of work is to construct separate storm drainage systems, improvements to the sewer collection system, reconstruct or construct new overflow structures, flow slippage sites, roof drain separations, and include public involvement as identified in the basin engineering report. The project was divided into five "priority" projects to ihcilitate funding, workload, and construction impacts. The Priority 1 project is the backbone of the storm separation system. Project construction is contracted by public bid. The Priority 1 improvements were phased, Phase 1 improvements were constructed in 1995. These improvements Were expedited to accommodate the Navy timeline involving construction of the Puget Sound Naval Shipyard (PSNS) expansion which enclosed a portion of Montgomery Avenue and Rodgers, Farragut, and Coontz Streets where a portion of the Priority 1 storm system and CSO improvements must be constructed. The Phase 2 improvements proposed fbr construction (the subject of this application) include all remaining Priority 1 improvements. The Phase 2 improvements surround the Phase 1 improvement including work on Montgomery Avenue upstream of Phase 1, and in Farragut Street, Cambrian Avenue/SR304, and the outfall on PSNS property downstream of Phase 1 (see attached diagram). The Callow Avenue Basin CSO Reduction project, Priority 1-Phase 2 improvements generally consists of installing approximately: 8" Storm Sewer 12" Storm Sewer 15" Storm Sewer 24" Storm Sewer 36" Storm Sewer 60" Storm Sewer 72" Storm Sewer 84" Storm Sewer 18" Dual Storm Sewer 42" Dual Storm Sewer 48" Dual Storm Sewer 84" Outfall 3'X6" Dual Box Culvert Relocate 6" Combined Sewer Relocate 24" Combined Sewer Relocate 27" Combined Sewer Relocate 6" Water Main Relocate 12" Water Main 785LF 415LF 30LF 75LF 600LF 55LF 1220LF 820LF 230LF 125LF 1090LF 100LF 300LF 190LF 225LF 355LF 575LF 1320LF And the associated pavement restoration, traffic control and detours, manholes, transition structures, catch basins, catch basin and side sewer connections, water system relocation and connections, water valves, railroad undercrossing, restrictions and coordination with PSNS, handling, storage and disposal of contaminated soil, safety systems, and miscellaneous items necessary to complete the project. It is anticipated that the size of the storm drainage lines and relocation of conflicting utilities will necessitate trench patching or overlay of the entire street (or lane width) predominantly throughout the project. 95629 Public Works Trust Fund ATTACHMENT Il: ATTORNEY'S CERTIFICATION I, , hereby certify: I am an attomey 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: The LOCAL GOVERNMENT is a public body, propedy 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. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above, ascribed 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 statuto~ and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address 1. SUBJECT: rainand~' Adopting Interim Land Use Permit Regulations AGENDA BILL BREMERTON CITY COUNCIL ORIGINATING DEPT: community----' ' Develo~ ORIGINATOR: Ian R. Sievers~ City., ~ Attorney DATE SUBMITTED: ,1~/~ DIRE~~,~~~F' ¢ Y DEVELOPMENT COUNCIL COMMITTEE necessary) 3. EXHIBITS: Proposed Ordinance 07-4-/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: ESHB 1724, adopted during the 1995 legislative session, mandated land use regulatory reform by local government with the goal of streamlining and consolidating the permit process. The proposed ordinance adopts rules which consolidate permit review, sets deadlines of approval and limits the number of public hearings that may be required. The interim rules will be replaced by permanent development regulations in the Zoning Code after policy discussions have been concluded. 8. RECOMMENDATION: Motion to pass on second reading Ordinance No. ~_~-~_~ 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 8A 37 2. CLEARANCE COMMENTS= ~ - 5. IMPACT OF NON-PASSAGE= 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES= ?. RESEARCH SOURCES= LANDUSE.A8 - Agendas - 4/~5/96 ORDINANCE NO. AN ORDINANCE implementing interim Land Use Permit pursuant to ESHB 1724, Ch. 347 Laws of 1995; and amending Municipal Code Title 21. procedures Bremerton WHEREAS, ESHB, Ch. 347 Laws of 1995 require Bremerton and other local governments planning under the Growth Management Act to establish by ordinance or resolution procedures for 1) a consolidated project permit, 2) combining the environmental review process with review of land use project permits and 3) providing for no more than one open record hearing and one closed record appeal; and WHEREAS, an interim ordinance is needed to comply with deadlines of this regulatory reform bill while allowing continued public participation and policy discussions and the integration of these procedures into the City's development regulations; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Consolidated Project Permit. Processing and approving any project permit shall include the actions listed below. Project permits are those defined by RCW 36.70B.020, but does not include street vacations or other approvals relating to use of public areas; lot line adjustments; and building and other construction permits or similar administrative approvals categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits. (a) A Notice of Application to the public and agencies with jurisdiction as required by RCW 36.70B. 110. (b) A determination of completeness to the applicant as required by RCW 36.70A.440. (c) Completion of project review and a Notice of Decision as required by RCW 36.70B.130 within the time period provided in RCW 36.70A.065 and RCW 36.70B.090. The Notice of Decision may be the project permit or a report consistent with RCW 36.70B.060. (d) An optional consolidated project permit review providing for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including all project permits requested by an applicant. (e) Public meetings or required open record hearings may be combined with another agency or jurisdiction's meeting or open record hearing on the project. Section 2. Open Record Hearing. (1) Except for an appeal of a determination of significance, there shall be no more than one open record hearing or open record appeal hearing, and one closed record appeal for project permits as defined by RCW 36.70B.020. (2) Any project permit currently requiring Planning Commission action and City Council LANDUSE.ORD - Disk 2 - 4/3/96 approval shall have a predecision open record heating by the Planning Commission. The Planning commission will forward a recommendation, after considering the input from its open public hearing, for consideration by the City Council. The Council shall make its decision based on findings and conclusions and the taped or written transcript of the Planning Commission and shall not supplement the record with additional evidence or testimony. The City Council shall enter its decision based on the record. (3) Any project permit currently requiring Planning Commission approval with an appeal to the City Council shall have an open record heating or appeal hearing before the Planning Commission and a closed record appeal before the City Council. Only applicants for the permit or approval at issue, owners of the property at issue, or persons who participated in the record hearing leading to the appealed decision shall be permitted to file an appeal. The Council may modify or reverse the decision of the Planning Commission if the party seeking relief has carried its burden of proof as to one or more of the following standards: (a) (c) (d) (e) (f) The decision was based on unlawful procedure or failed to follow a prescribed process, unless the error was harmless; The land use decision is not supported by substantial evidence in light of the entire record; The land use decision is a clearly erroneous application of the law to the facts; The land use decision is an erroneous interpretation of the law; The decision is outside the authority or jurisdiction of the body or officer making the decision; or The decision violates the constitutional rights of the party seeking relief. Section 3. Consolidated Environmental Review. (1) Appeals of environmental determinations under BMC 21.12.210 shall be of the governmental action together with its accompanying environmental determinations and shall be commenced within the time required to appeal the governmental action which is subject to environmental review; Provided, however, a determination of significance may be appealed and decided before the agency's final decision on a proposed action and a determination of non- significance (DNS) may be appealed before the agency's final decision only if the appeal is heard at a proceeding where the hearing body will render a final recommendation or decision on the underlying action. A threshold determination shall have an open record appeal hearing before the Planning Commission. 2) Except for a determination of significance, no threshold determination, decision or recommendation on a project permit shall be issued until the expiration of the public comment period on the notice of application. 3) Where a project requires an open record predecision hearing and the threshold determination requires public notice under chapter RCW 43.21C, the threshold determination shall be issued at least fifteen (15) days prior to the open record hearing or predecision hearing. Section 4. Amendment. Those sections of BMC Title 21, Land Use, relating to land use approvals are amended by this ordinance to the extent they are inconsistent. LANDUSE.ORD - Disk 2 - 4/3/96 Section 5. Effective Dates. This ordinance shall take effect ten (10) days from passage and publication and shall expire ninety (90) days following its effective date. APPROVED by the City Council of the City of Bremerton this ~ day of _ ,1996. PASSED by the City Council of the City of Bremerton this day of ,1996. JOHN E. LAW, Council President APPROVED this ~day of ,1996. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk LANDUSE.ORD - Disk 2 - 4/3/96 1. SUBJECT: An ordinance amending the selection process, benefits, and starting compensation for department heads, management and professional staff; and amending Chapters 2.49 and 2.50 of the Bremerton Municipal Code. AGENDA BILL '- BREMERTON CITY COUNCIL FOR AGENDA OF: April ~ 1996 ORIGINATING DEPT: Human Resources ORIGINATOR: Jim Meith DATE SUBMITTED: April 3, 1996 2. CLEARANCES: (Comment on back if necessary) /~r~r ~ ~ w{w~_~ Fi sc~~ud~ ' C~ittee/~ .~ Ope~at ~ons - Committee ENDORSEMENT ~INFO~:N [] 3. EXHIBITS: Proposed Ordinance APPROVED BY COUNCIL FOR SUBMITTAL: COUNCIL PRESIDENT ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A review of the Management and Professional Staff Compensation Program has been completed. The proposed ordinance will change the plan in three areas: 1. Recruitment flexibility; 2. Rate increases; and 3. Equalize basic benefits with those received by represented employees. Council Action is required to amend the Bremerton Municipal Code to implement these changes. 8. RECOMMENDATION: Motion to approve on first reading and passage on second reading, Ordinance No. amending the selection process, benefits, and starting compensation for department heads, management and professional staff; amending Chapters 2.49 and 2.50 of the Bremerton Municipal Code. Also, to approve necessary changes to supplemental Appendix "A" of the 1996 budget. 9. RESPONSIBLE OFFICIAL: Mayor Horton ENFORCEMENT OFFICIAL: Human Resources Manager EXPIRATION DATE: Ongoing 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEAI~tNCE COMMENTS: -- 5. IMPACT OF NON-PASSAGE: If this is not passed, the ability of the City to recruit the best qualified management and professional staff would be hampered. Also, the City would not be treating employees in a completely equitable manner. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPN~NT OR OTHER RESOURCES: There should be minimal impact on budgets and no budget adjustment is required. The costs will be spread among all departments over a maximum of eight (8) years. See attached spreadsheet. 7. RESEARCH SOURCES: Washington City and County Employee Salary and Budget Survey for 1995. See attached comparison. COMPARISON OF TOTAL SALARIES MANAGEMENT AND PROFESSIONAL GROUP CURRENT STEP PLAN VS. PROPOSED YEAR 1996 1997 1998 1999 2000 2001 2002 2003 TOTAL CURRENT 2,034,977 2,096,483 2,141,688 2,183,780 2,211,030 2,230,308 2,239,640 2,244,297 17,382,201 PROPOSED 2,034,977 2,118,082 2,188,931 2,219,847 2,234,828 2,244,000 2,244,605 2,244,605 17,529,874 DIFFERENCE 0 21,599 47,243 36,067 23,798 13,692 4,965 308 147,672 PERCENTAGE 0 1.03 2.21 1.65 1.08 .61 .22 .01 .85 ASSUMPTIONS: 1. There is no change of employees in the Management and Professional group for the entire eight years. NOTE: The 1995 turnover rate for this group was 19.35%. 2. All employees get a rote increase when due. APRIL 10,1996 COMPARISON OF NUMBER OF STEPS & SATISFACTORY PERFORMANCE REQUIREMENT COMPARABLE CITY NO. STEPS % Dif. Years Kennewick (47,141) 6 varies 5 Renton (44,393) 5 5 4 Kent (44,239) 5 5 3.5 Kirkland (41,882) 5 2.5-5* 3 Redmond (39,411) 5 3-5** 5 Bremerton (39,280) 8 5-2.5*** 7 Olympia (36,923) 5 5 4 Richland (35,430) 7 4 6 Auburn (34,978) 6 3.5 5 Longview (33,092) 5 5 4 Lynnwood (31,696) 5 3 4 Edmonds (31,100) 6 5 4.5 Kitsap County 6 5 7 S. P. RE0. No No No No No No No Yes No Yes No No Yes * First two steps are 2.5%, last two are 5%. ** Varies depending on position. *** First step is 5%, last six are 2.5%. 4/10/96 ORDINANCE NO. AN ORDINANCE amending the confirmation standards, salary and compensation plans, work schedules and leave benefits for department heads, management and professional staff', and amending Chapter 2.49 and 2.50 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.49.020 of the Bremerton Municipal Code is amended to read as follows: 2.49.020 CONFIRMATION STANDARDS. Prior to Council confirmation, the Human Resources Manager shall have sought applications from non-employee as well as employee applicants. Provided, however, That this requirement may be waived by the ,-,1~n11 ,..,,.,,,- ~--.1., +,-. ,., .... ;.,:1,-,.--,;,,,. .... :+;~.~ Section 2. Amendment. Section 2.50.030 of the Bremerton Municipal Code is amended to read as follows: 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be structured and salaries set for covered employees as follows: (2) Band Range.~,,,~-je~ ..... ,,,,.~**~ cf a Each band range shall ~onsist of five ..,T.;~k ~T.~II 1. ....... ;...,.+~h, o CO/_ 1.~! .... '0~+~ "1 0~+~ ~ ~.4 0~+~ I ~ ~k~11 i-. ........ A ~,- ..... 1~ ...... .C' ~-1... ~1...lt:l:'.~.:... 1 ....... 1 I C,r~ Each rate shall have a spread of approximately 5%. Those employees who are currently at a rate that will be eliminated by this amendment shall advance to the next rate on the amended salary_ band in accordance with 2.50.032(b). Section 3. Amendment. Section 2.50.032(b) of the Bremerton Municipal Code is amended to read as follows: 2.50.032 ACTUAL SALARY RATE. Each person included in the plan shall have his or her salary rate set as follows: (b) In-Range Rate Adjustment. Each person hired on or after January 1, 1993 _~v,..~., .,,,.~' .... _....:*~-: .... ,. o,.,.j~. ~-~,,,.. upon completion of twelve full months at each rate in the -;;as ........ d in the plan salary band. Each person whc, employed by-the-C-~ in a position :"~'--~ on January 1, 1993, shall have-be eligible for a salatw rate advancement on his-or-her-sah~ rate .a:.,o+~, +. ,u .... + g~+ .... ;+~; .... 1~1 ~'""a ..... Jan ary 1 of each calenda year .... :+ ....... +; ..... ~' ..... +~- ........~ ....~ ...... --:-*~ by t~'e Count:! To receive an In-Range Rate Adjustment, the employee must be evaluated as "Meets Expectations" (or equivalent) on his or her work performance evaluation. Those employees who receive a rating that exceeds the rating "Meets Expectations" (.or equivalent) may be eligible to receive an additional adjustment. The amount, if any, shall be determined by recommendation of the Department Head and Mayor, with the approval of the City Council. A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee's performance. Notwithstanding the above, when it is in the best interest of the City., the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary_ in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. Section 4. New Section. A new section 2.50.034, 12qlTIAL BENEFITS FOR DEPARTMENT HEADS, is hereby added to Chapter 2.50 to read as follows: 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head's employment contract approved by the City Council. Section 5. Amendment. Section 2.50.040 of the Bremerton Municipal Code is amended to read as follows: 2.50.040050 WORK SCHEDULES AND LEAVE BENEFITS. (b) Holiday Time. Managers and professional staff shall receive a full day of time off without loss of compensation for each holiday observed by the City on the day the City (b) Holiday Time. Managers and professional staff shall receive a full day of time off.without loss of compensation for each holiday observed by the City on the day the City Holidays observed by the City observes the holiday and one additional floating holiday. are: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran' s Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off. without loss of compensation is granted for any other holiday which the City CoUncil takes specific official action to observe. (d) Sick Leave Accrual. (1) Rate. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period._ (9) Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement, shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employees accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement. (10) Pa_wnent of Sick Leave Upon Death. In the event of the death of an employee, the employee's estate shall be paid for the total accrued and unused sick leave hours at the employee's regular hourly wage rate in effect at the time of death. APPROVED bythe City Councilofthe City ofBreme~onthis ., 1996. PASSED bythe City Councilofthe City ofBreme~onthis ,1996. day of day of APPROVED this JOHN E. LAW, Council President day of ,1996. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY City Clerk CITY OF BREMERTON MANAGEMENT AND PROFESSIONAL STAFF SAL APPENDIX A EFFECTIVE JANUARY 1, 1996 NO. | TITLE BASE RATE I RATE 2 A* RATE 3 B* / RATE 4 | C* RATE 5 ....... -- 5,797 5,942 ' 6,09i' 6,243 1 City Attorney APPROX MO 5,124 5,383 .: : .: :~:::::::::::5;518:::::.: :::: 5,656 Dir, Public Wks & Utilities ACTUAL SEMI-MO 2,561.88 2,691.59 ; ::. i i 2~7~ili85 2,827.85 2,971.00 3,121.44 Police Chief 2 DIr, Admin Serv/City Clerk AP P POX MO 4,877 5,124 :i i::!:.i:.iiil;iii::i::i::!i;18;2{12 5,383 i::::i!ii6~$.18 5,656 i!i 8i79~ 5,942 3 City Engineer APPROX MO 4,642 4,877 ~: :;i:.i::iii!iiii::i!iiii:.~i99~ 5,124 !i:.:iiiiiiii!i:iiii::i::i~i2$2 5,383 5,656 DIr, Comm Development ACTUAL SEMi-MO 2,320.94 2,438.44 : :: ii i::i~9~) 2,561.88 ii!:.i::ii!i!ii!ii!2;625~96 2,691.59 2,827.85 DIr, Parks & Recreation iiiiiiiiii::iii!::!!ii!iiiiiiiii!ii!ii!il ........... .......... :::::::::::::::::::::::::::::::::::::::::::::::::::::::: 4 Assistant Fire Chief APPROX MO 4,418 4,642 iii:: ;~ii!iii~i::::~i?$8 4,877 ;i;;iiiiiii::ii:ii::!::iii::!::4;9~9 5,124 ;:i:i:!; ili::i!i::.i::::i:iii::!i!i6~2$2 5,383 City Treasurer ACTUAL SEMI-MO 2,209.11 2,320.94 ::::::::::::::::::::::::::::::::: 2,438.44 :::::::::::::::::::::::::::::::::::::::: 2,561.88 ;;; ~i ~i;;;::2:~62629.S 2,691.59 5 APPROXMO 4,205 4,418 ii!i:.i i: iiii:.;i?:iii[4~$291 4,642 i::i::i::i;iiiii;!iii::!iii!::i::!::i::!:.i4i~68 4,877 i::i:.:::.i:iii::::iiii::::!~,ig~9 5,124 - ~ Building & Code Official APPROX MO 4,003 4,205 :.:: '::::i'il/ii::i::::ii~lil 4,418 i iii::i Development Manager ACTUAL SEMI-MO 2,001.34 2,102.66 2,209.11 iiiii::::i]i::i::iiii;~i~[~ 2,320.94 2,438.44 ======================================================= ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .................................................... Forest~/Manager ................................................ Human Resources Manager :::::::~:.:.:::.::.::::.: :::::::::::::::::::::::::::::::::::: :.:.:.:.:.:.: :.:.: ....... ::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: Planning Manager :::::::::::::::::::::::::::::::::::::::::::::::: ::~::::.:.::.::::::::::::::::::::::::::::::: :::::::.:::.:.::::::::::::::::::::::: .... i i!ii i i:ili~ili;i!i[i!i~i;i;iiiil;iiil}iiii!i!~ili!i!i ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Project Manager ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Pub Wks Oper Manager i:~i~iiii:~:~i~:~iiii~i~:!iii~;i~i~!!!~!:i:;:iiii~:~:~:~:.~:ii!!:.i~i::~i:: ......................................................... Senior englnear i!i!!!i!;i!!i!~!iiiii;ii!i!iii!ii!i!iii!~:iii!i:i :! :::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: Water Resources Manager ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::: 7 ~,sst. Director Parks & Recreation APPROX MO 3809.83 4002.69 ii :.:::.i::iiii::i::::ii::::~4~102;~i 4,205 iiii?:iiiiiiiiill iiiii:iiiiiiii:ii!i~i31~ 4,418 i.::. i :: i:i!i::.:ii::i[i:ii:i:iii.:ii~i~:~9 4,642 City Auditor ACTUAL SEMI-MO 1,904.92 2,001.34 :~:;i i~ili ~iiiiii!~: 2,102,66 ~iiiii!i~ii;!iiiiii!i::i::2~l$6;23 2,209.11 :.~i ~.:.~::~ii::ilili 2~6aA34 2,320.94 8 Asst. City Attorney II APPROX MO 3,626 3,810 ::::::::::::::::::::::::::::::::::::::::::::::::::::::: 4,003 iii::iiiiiiiii::iii::iiiiiii::i::i::i::iiii~i~l~3 4,205 ::iiii/:i!::iiii:::iii::!iii}::!iii~3;~i0 4,418 Asat Treasurer ACTUAL SEMi-MO 1,813.13 1,904.92 i~:iiii~i~:i~i~i~i:~i:~i?~i~:.~i~ 2,001.34 iiiililiiiiiiiii::i::iliiii~i~ 2,102.66 i::i::~i~i~i~:i~::i::~i~:i~i~::i~i~ 2,209.11 Police Community Resources Mgr -- 9 Fleet Manager APPROX MO 3,452 3,626 ::::::::::::::::::::::::::::::::: 3,810 :::::::::::::::::::::::::::::::::::::::::::::::::::::: 4,003 :::::::::::::::::::::::::::::::::::::::::::::::: 4,20~ ACTUAL SEMI-MO 1,725.77 1,813.13 ii;i::~iii!iiii::;::~1:~S8~4~ 1,904.92 ::i::!i!::i!;ii::!::i::!i!ii::i:::l;gS2~64 2,001.34 i;!iiiiii;ii2;6~l~311 2,102.66 10 Administrative Analyst APPROX MO 3,285 3,452 ii::ill :::i::!::i::i::iii::i::!i!::!i!::!i!ii3i6311 3,626 ::::::::::::::ii;::iiii~ii::~i~::!i!::i::i::il;::ili:=i::i3i~:~t~. -..... 3,810 ::::::::::::::::::::::::::::::::::::~i~::~::~:~:::;i~:~ii!i~i;::!::~:~!i~::~:~::~3i~$ 4,003 Asst. City Affomey I ACTUAL SEMI-MO 1,642.61 1,725.77 iiiiiiiiiiiii~i'~ 1,813.13 ;;iii;i~!~!;i~l~a~6 1,904.92 il;i;iiiii;i;i:::i!::ii;::i~l;952~41 2,001.34 11 APPROX MO 3,127 3,285 iiii:::i::::ii!iii::::i::i!ii::!i!i!!;3i367~ 3,452 :!:.!i;::il;::!::i!i~::iii::~i~i!iY:;3~638 3,626 i;!ii ii!i~iiiii13i~:~1~i 3,810 ACTUAL SEMI-MO 1,563.46 1,642.611 iii ::::::::i::iii~1;$~3~i~1~ 1,725.77 ili::::::ii::::iiiiiiii::!i::!i::~l'i~68~9~l 1,813.13 i:::.~::i i.[~ ~;!!~8~61~ 1,904.92 12 APPROX MO 2,976 3,127 ! !:.::i::: ::::;i::i::iii:::::::::::::::::::::::::: 3,285 i::i::iii!i::;i;::i!;iiii::;::ii~i;i~::~i~i3;36~ 3,452 :i~ ::::::::::::::::::::::: ~i~iii~i3;638 3,626 ACTUAL SEMI-MO 1,488.13 1,563.46: i:::'i';i i:i'!iii'i'iii':i:~i;~)~!i'~ 1,642.61 ii;i;::::;iiiiiiiii;;iiii:iiii~!i~!~ 1,725.77 1,813.13 13 Budget Specialist APPROX MO 2,833 2,976 ::::::::::::::::::::::::::::::::::::::::::::::::::::::: 3,127 ::::i::i::i::i::::::iii::::!::i::iiiii!ili!iiiii;~:,2O$ 3,285 :~i~i~::~::~!~:::~:.~i~i~;~;i;i~i~3;36~:~ 3,452 Civil Service Officer ACTUAL SEMI-MO 1,416.43 1,488.13 iiiiiiiiiiiiiiiiiiiiiiii~i~:. 1,563.46 iiiiiiiiiiiiiiiiiiiiiiiii~ii~2~i 1,642,61 ::.ii i ! iiiiii:.~:~!:~i 1,725.77 Executive Secretary Municipal Serv Coord ;i:~i i::i:.;i%:.ii~:.:i::::iiii::i!i!:-ii::i:.:.ii:.:::.i:.il,, ...., , ......................................................... CITY OF BREMERTON MANAGEMENT AND PROFESSIONAL STAFF SAL APPENDIX A EFFECTIVE JANUARY 1, 1996 NO. | TITLE BASE RATE I RATE 2 A* RATE 3 B* RATE 4 C* RATE 5 14 Legal Assistant APPROX MO 2,696 2,833::2,904 2,976 :3,051 3,285 ACTUAL SEMI-MO 1,348.21 1,416.43 1,488.13 . 1;~3 1,563.48 :!::ili::iiii:ii::i~.~602~{$ 1,642.61 ...... APPROX MO 2,567 2,696 ~; ' ~i ~i:.~:.~i~i:2i764 2,833 :"";' ::~2i904 2,976 3,127 : :: : ::::::::::::::::::::::::::::::::::: : :: ::: :::.:.:, :.:.:.:,:.: :::::::::::::::::::::::::::: ::::::...::.:;.:: ACTUAL SEMI-MO 1,283.28 1,348.21 1,416.43 : 1~!:i~¢ 1,488.13 i::i::::!!ii::i~i:.ii::::i!i!iii~l i.ti~$~3 1,563.48 16 APPROX MO 2,443 2,567 ii; ::~iiiii::ii::iiiii~;~l 2,696 2,833 i.i.:i.i.:i.i.i.i.i.i.i.i.iii:::i.i.iiii2i~ 2,976 ACTUAL SEMI-MO 1,221.48 1,283.28 1,348.21 iiliil :::. :'1;38~E~2 1,416.43 :::::::::::::::::::::~1:::~1::11~/ 1,488.13 17 -{uman Resources Assistant AP PROX MO 2,325 2,443 :~i :.iii::i:::Ji::::!i::ii2i~ 2,567 i:. i !:: ::i::!i2~i~'3.t 2,6cJ6 ::iiiiiiii!iiiiliiiii2~7~ 2,833 ACTUAL SEMI-MO 1,162.65 1,221.48 i iii:iii:.iiii~iiiiiiii~i~ 1,283.28 1,348.21 ':iiii::iiiii::i::i::i:i:.i;~:~ 1,416.43 18 APPROXMO 2,213 2,325 iii ii::::::iiiiii::::!ili::2;3~3 2,443 i::i~ iiiiii::i i: ~:.?:~::2~$~ 2,567 ::~i!::!i!::~::iii::i:.!ii::!iiiiiiiii::::ili2i6.~! 2,696 ACTUAL SEMI-MO 1,106.65 1,162.65 iiiiiiiiiiii!iiiilililili~i~ 1,221.48 1,283.28 ii:i:ii:!:i:ii:ii:i:i::i:i:i'iil~!~:.~:.~i~ 1,348.21 19 Legislative/Intemal Audit Assistant APPROX MO 2,107 2,213 ::.::iii::iiiii::jiii!iiiiiiiiiiiii~i~l! 2,328 2,443 ii.ili.i.iiiiiiiiiiiiiiiiiiiiiiii::iiii!iiii::~ 2,567 ACTUAL SEMI-MO 1,053.35 1,106.65 iiii:;i:;i:;i:ii::i::iiii!iiii~i~'~ 1,162.65 i?::::;i:, i ~ii~9~!~2 1,221.48 ::::::::::::::::::::::::::::::::::::::::: 1,283.28 IW. * TO BE ELIMINATED WHEN VACATED