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