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HomeMy WebLinkAbout001247 Original Contract The City of Port Angeles Record # 001.247 SERVICE AGREEMENT BETWEEN THE THE CITY OF PORT ANGELES AND SSA Acoustics, LLP Services Agreement RELATING TO: CODE COMPLIANCE NOISE STUDY SERVICES THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and SSA Acoustics, LLP (hereinafter called the "CONSULTANT"). NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK General Scope. CONSULTANT'S scope of professional services is in the attached Exhibit A and shall include all services and material necessary to accomplish those services. The CITY may review the CONSULTANT'S services, and if they do not meet the professional standard of care, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANTS reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the applicable professional standards and in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. The Additional Scope of Work listed in Exhibit A is an option that the CITY may exercise, Should the CITY exercise the option for the Additional Scope of Work, CITY will notify the CONSULTANT in writing. The CONSULTANT will have 60 days to complete the Additional Scope of Work after the CITY notifies the CONSULTANT that the CITY is exercising the option. Page I of 12 II OWNERSHIP OF DOCUMENTS Upon completion of the services, all documents, exhibits, digital photos, or other presentations of the services, with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business, shall, upon payment of all amounts rightfully owed by the CITY to the CONSULTANT, become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative is subject to the CITY's approval. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from the CITY. The duration of the Agreement shall extend through January 31, 2018. The work shall be within 120 days of the notice to proceed from the CITY. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit A. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs, subconsultants, and outside services; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the Page 2 of 12 completion of the work and acceptance by the CITY. F. Payment for"Extra Work" performed under Section X11 of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non- salary reimbursable costs, subconsultant costs and outside services, shall not exceed the maximum sum of$6000, The budget for each task is as set forth in the attached Exhibit A. Budgets for tasks may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $6000. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the scope of work to be provided. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. V111 EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: Page 3 of 12 A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement, The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. X1111 TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (1 U) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the Page 4 of 12 CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section 11 above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION/HOLD HARMLESS The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence, It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: Page 5 of 12 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage, and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. Z Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, C. Other Insurance Provisions The CONSULTANT'S Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. E. Verification of Coverage CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT Page 6 of 12 before commencement of the work. F. Subcontractors The CONSULTANT shell have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The CONULTANT shall provide the CITY and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the CONSULTANT to maintain the insurance as requiredshall constitute a material breach of contract, upon which the CITY may, after giving five business days notice to the CONSULTANT to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY„ offset against funds due the CONSULTANT from the CITY. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County, XVII SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. XVIII QUALIFICIATIONS CONSULTANT is in full compliance with the statutes of the State of Washington for professional registration and other applicable requirements. CONSULTANT has the background, experience, and ability to perform the required work in accordance with the standards of the profession. CONSULTANT provide qualified personnel and appropriate facilities necessary to accomplish the work. XX ATTACHMENTS The following exhibits are hereby made a part of this Agreement: Exhibit A — Scope of Work/Budget Page 7 of 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last signature affixed below. CITY OF PORT ANGELES SSA ACOUSTICS, LLP Dan McKeen, City Manager Al Burt, F�artner Date: -7 1 '-7 Date: 7/12/17 A R VED AS TO F William E. E;T6or, Citi ey ATT,TEST: v�'c6c tl "j6nnifef Veneklasen, City Clerk Page 8 of 12 EXHIBIT A - SCOPE OF WORK MAIN SCOPE OF WORK 1. Review the site plans, identify I establish source and receiver locations, noise level requirements, and other criteria. Z Travel to the site or accessible nearby properties to meet with the project team, and conduct an initial walk through to establish measurement locations and put together a measurement plan. 3. Conduct the following noise level measurements: Property line noise level measurements: a. Conduct long-term noise level measurements with noise monitors at or near the project property boundaries. i. Noise levels will be measured with noise monitors that will collect hourly noise levels. ii. Noise monitors will be able to record exceedances to determine the sources. iii. The monitors will measure noise levels over a minimum 48-hour period, and will collect data during daytime and nighttime hours. iv. Multiple noise monitoring periods may be conducted to ensure the full scope of operations is monitored. b. Short-term measurements will also be conducted at these locations and intermediate locations around the industrial use properties to verify sound levels and collect spectral data. Source noise level measurements: a. Conduct short-term noise level measurements of noise sources within the industrial use activity area to determine noise levels from the source activities. 4. Process and analyze the sound level data and reduce appropriately for reporting. 5. Provide a report documenting the measurements results with respect to the criteria. 6. For noise levels exceeding the design criteria: a. Determine noise reduction required to meet the code requirements for each noise source causing exceedances. b. Develop noise control measures, including noise shields/enclosures and exhaust silencing for the equipment to meet the required levels, c. Provide a report documenting the equipment, analysis/calculations, noise control measures, and product information. 7. Be available to support your office with questions that may come up regarding code compliance issues for noise. Page 9 of 12 ADDITIONAL SCOPE OF WORK After installation of mitigation, as an option we will provide the following services to verify noise levels are in compliance with code requirements- 1. Conduct long-term noise level measurements with noise monitors at or near the project property boundaries. a. Noise levels will be measured with noise monitors that will collect hourly noise levels. b. Noise monitors will be able to record exceedances to determine the sources. c. The monitors will measure noise levels over a minimum 48-hour period, and will collect data during daytime and nighttime hours. d. Multiple noise monitoring periods may be conducted to ensure the full scope of operations is monitored. 2. Process and analyze the sound level data and reduce appropriately for reporting. 3. Provide a report documenting the measurements results with respect to the criteria. Page 10 of 12 EXHIBIT B - SCHEDULE Project Schedule This schedule is based on a Contract Notice to Proceed issued on or before July 17, 2017. Task Description Deliverable Milestone Site visit, set up monitors, noise measurements 2 Process and analyze data with respect to Measurement report 11/14/17 code requirements, document results Develop noise control measures for Noise control report 11/14/17 3 i I equipment exceeding code limits A4 Follow-up noise measurements Follow-up noise measurements A5 Process and analyze data with respect to code requirements, document results Measurement report 1/13/17 Page 11 of 12 EXHIBIT C - FEE SCHEDULE Scoa of Services Fee _ cs ._..._ _ .. ......._ .........._.. .. —,aw_ _.�... Main Scope of Work $4000 � Additional Scope of Work $2000 Page 12 of 12 description of power contained in this title, and any such specifically enumerated powers shall be construed as in addition and supplementary to the powers conferred in general terms by this title.21 As a result,generally the rule of ejusdern generls will not be applied by the courts to limit the powers of code cities. E. Local Government Administration under the Optional Municipal Code The Optional Municipal Code provides for flexibility in the administration of municipal government,thus permitting code cities to adjust their procedures and programs to meet individual needs. While the Code provides cities with the ability to exercise broad municipal powers,code city officials and agencies themselves do not automatically have such power. The Code itself establishes the powers and responsibilities of some officials, such as councilmembers, the mayor, and the city manager; other city officials have only such powers as the city council vest in them,22 The result is to increase the administrative choices available to code cities and to provide an organizational flexibility unavailable to second class municipalities and towns. F. Specific Statutory Advantages In addition to the analytical differences in the scope of code city powers, there are a number of specific advantages of the Optional Municipal Code: 1. Annexation Petitions for Election Method,Initiated by Ten Percent Petition23 Under the petition for election method of annexation in code cities, the signatures of qualified electors equal to only ten percent of the votes cast at the last state general election are required for a petition to annex territory. RCW 35A.14.020. In all other classes of cities, the petition for election method requires the signatures of qualified voters equal to twenty percent of the votes cast in the last state general election. RCW 35.13.020. 2. Appointive Positions Except for the city manager under the council-manager plan, the only appointive officers required by statute in a code city are the clerk and chief law enforcement officer. All other appointive officers are to be provided for by local charter or ordinance. RCW 5A.12.020 and 35A.13. . 3. Board of Park Commissioners The restrictions placed on the establishment of a board of park commissioners in 2'RCW 35A.01.010. 'RCW 35A.1 l.020. The powers of some officials,of course,such as councilmembers,mayors,clerks,and city managers,are defined,at least in part,by the Optional Municipal Code itself. 23Note that code cities that plan under the Growth Management Act may only annex property that is located within their identified urban growth area. RCW 35A,14.005. 6 Code City Handbook i second class cities and towns by RCW 35.23.170 are not applicable to code cities,thus allowing a code city to establish a board with whatever number of members it may desire. RCW 35A.11.020,35A.12.020,and 35A.13,080. 4. Codification of Governing Statutes The Optional Municipal Code contains a complete compilation or reference to all general state laws applicable to code cities. Many of the statutes relating to cities and towns scattered through the 91 titles of the Revised. Code of Washington (RCW) are included by reference in "Title 35A, making there more readily available and discernible. 5. Compensation for First Elective Officers of a Newly-Incorporated City= The Code provides for interim compensation for the first elective officials of a newly incorporated code city. The compensation set out by the Code is to be paid until a salary ordinance is passed and becomes effective. RCW 35A.12.070 and 35A.13.040. These interim salary provisions overcome the prohibition contained in Art. X1,Sec. 8 of the state constitution that the salary of municipal officers may not be increased or diminished after their election or during their term of office. Other classes of cities have no similar provision for the interim compensation of their first elected officials. 6. Elective Positions The code limits the required elective positions of the city to those of the city's legislative body and that of mayor, if the city operates under the mayor-council plan. RCW 35A.12.010 and 35A.13.010. Linder the council-manager plan, the mayor is chosen by and from among the city's elected councilmembers or,at the option of the voters, the mayor's position on the council may be designated as "position one" and. thereafter the person elected to that position assumes the title of mayor. RCW 35A.13.033. The Code eliminates the need for electing an attorney,city clerk or treasurer,as may be required by general law in some other classes of cities. 7. Initiative and Referendum The voters or the city council of a noncharter code city can, under RCW 35A.I 1.080, provide for the exercise in their city of the powers of initiative and referendum. Acquisition of such powers is not automatic,however,either upon the incorporation or reclassification of a city as a noncharter code city. The process to acquire the powers can be initiated either by council resolution or by a petition of the voters with the issue then decided by election. For example, if the voters petition to obtain the powers of initiative and referendum, an election must first be held to determine whether those powers should be made available. Only if a majority of the votes cast favor the grant of such powers are the voters in a position to later exercise the powers of initiative and referendum on specific issues. In non-code cities the powers of initiative and referendum are also available if the city operates under a commission form of government; such powers are not available in second class cities and towns. S L.I.D.Assessment Collection Deferral Code cities may utilize RCW 35.43.250 to provide for the deferral of collection of special assessments on property, such as I.I.D. assessments, from economically Code City Handbook 7 disadvantaged persons. The authority to defer collection of assessments from economically disadvantaged persons is not available to second class cities or towns at this time. $S)Plannine In code cities, city planning and zoning activities are conducted independent of the 1935 Planning Commissions Act (Ch. 35.63 RCW), and pursuant to Ch. 35A.63 RCW and Ch. 36.70A RCW (the Growth Management Act). As a result, code cities benefit from more flexible procedural requirements and have a wider range of choices in determining the form planning is to take within their city. Second class cities and towns generally operate under the 1935 Planning Commissions Act,although Ch.36.70 also authorizes cities to participate in regional planning.' The Planning Commissions Act requires such cities to have a planning commission. In contrast, a code city may establish a "planning agency" which may be a planning department, a person, staff or body, rather than a planning commission. RCW 35A.63.010(8). Like other cities, a code city may also provide for a hearing examiner,thus enabling the city's planning agency to better concentrate its efforts on planning and long-range goals. RCW 35A,,63.170; see also RCW 35.63.130 I0))rocedwal Matters in Planning Actions' Some procedural requirements, such as holding public hearings on comprehensive zoning plans before both the planning agency and the city council,have been modified or eliminated in the Optional Municipal Code, See RCW 35A.63.070, D72-080, .100, and .1501. The Code also provides that no procedural irregularity or informality in the consideration, hearing, and development of a comprehensive plan or any of its elements will affect the validity of any zoning ordinance or amendment to a zoning ordinance enacted by a code city after approval of the comprehensive plan. RCW 3 A.63.080. This provision removes some of the bases used to invalidate zoning ordinances in other cities under the Planning Commissions Act, Ch.35.63 RCW., Procedural requirements for code cities required to plan under the Growth Management Act are set out in Ch. 36.70A RCW. 11.Pro Tempore Appointments The Code makes provisions for appointment of a mayor pro tempore or deputy mayor to serve in the absence or temporary disability of the mayor. RCW 35A.12.065 and 35A.13.035. The Code also provides for the appointment of a councilmember pro "See Chapter VITT of this publication for more complete information on planning and zoning in code cities. 2'The power to zone is derived either from state statute or directly from the Constitution itself. Many cities. and towns of the state are governed by the Planning Commissions Act,Ch.35.63 RCW. Once a city or town chooses to zone pursuant to Ch.35.63 RCW,it must thereafter(unless it becomes a code city)abide by the terms of the act. See Lauterbach v.Centralia,49 Wn.2d 550,304 P.2d 656(1956). Some cities,however,have opted to zone pursuant to the police powers granted by Article X1,Section 11 of the state constitution. See,e.g.,Nelson v. City of Seattle, 64 Wn.2d 862, 867-868, 395 R2d 82(1964). Cities and towns may participate in regional planning pursuant to Ch.36.70 RCW,the Planning Enabling Act. 'See Chapter VM of this publication for a more complete discussion of planning in code cities. 8 Code City Handbook .R. f I tempore to serve during the extended excused absence or disability of a councilmember. The second class city and the town statutes make no provision for appointment of a councilmernber pro tempore. 12.Restrictions on land Area The restrictions on the area which may be included within the corporate limits of a town (RCW 35.21.010) are inapplicable to code cities. 13. Size of City Council Code cities have greater flexibility than non-code cities in determining the size of their city council. See RCW 35A.12,010 and 35A.13.010. When an existing city or town elects to reclassify as a noncharter code city,the size of the city council of the new code city is determined by the Optional Municipal Code. For municipalities of less than 2,500 inhabitants,the size of the council is fixed at five. For municipalities of 2,500 or more inhabitants,the size of the council is fined at seven. When an existing code city's population increases to 2,500 or more,however,the code city council has the option to retain its five-member council or to provide for a seven-member council. The council size does not mandatorily increase to seven members until the code city reaches a population of 5,000 or more inhabitants. if an existing code city"s population decreases from 2,500 or more to less than 2,500, the city continues to have a seven-member council. By contrast, the size of the council in non-code cities is dictated by statute. See RCW 35.23.021, 35.27.070,and 35.18.020. A city with seven councilrnembers and having a population of less than 5,000 which reclassifies under the Optional Municipal Code may reduce its number of councilmembers from seven to five members. See RCW 35A.12.010 and 35A.13.010. 14.Division of City into Wards The Code provides for the optional division of a code city into wards without restriction on the number of wards into which it may be divided. RCW 35A.12.180 and 35Aw 13.220. While the city council of a second class city may also divide the city into wards,there is a restriction upon the number of wards permitted. See RCW 35.23.550. The town statutes make no provision for division of a town into wards. Adoption of the Code in no way diminishes the powers a city possessed under its prior classification, but the adoption instead provides the city with a variety of powers previously enjoyed only by first class cities. At its inception the Code was forward looking. A number of provisions of the Optional Municipal Code have subsequently been enacted into the state general law and thereby made available to other classes of municipalities. For example,the budget law enacted in 1969,applicable to all cities and towns with a population of under 300,000,first appeared in the Optional Municipal Code ` 27Ch. 35.33 RCW (Ch. 95, Laws of 1969, Ex. Sess.) was modeled after the provisions of the Optional Municipal Code,Ch.35A.33 RCW. Code City Handbook 9