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HomeMy WebLinkAbout01/29/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JANUARY 29, 1997 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 discmssion 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 - January 15, 1997 #AB97-016 3. CLaIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Appointment Of Phyllis Mann To The Board Of Appeals, Housing/Building Codes Be Interlocal Agreement With PUD#1 Professional Services Agreement With AGI #AB97-018 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL ~INUTES - JANUARY 15,. 1997 1-29-97 FOR AGENDA OF: ORIGINATING DEPT: City Counc%% ORIGINATOR: David Farr, DATE SUBMITTED: 1-22-97 2. CLEA_R3d~CES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION MAYOR ~PROVED ~ CO~CIL P~SIOENT ~OR SO~iTT~: 4. S~Y STATEMENT AND REQUIREMENT FOR'COUNCIL ACTION: 8. RECOF94ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE:' REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED TAPE #1434 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JANUARY 15t 1997 #0065 #0078 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, January 15, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were. Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. President Farr announced Council held two Executive Sessions prior to this meeting to discuss "Labor Negotiations" and "Potential Litigation". CONSENT AGENDA A. Approval of Partial Settlement #AB97-010 M/S/C/U(McConnell/Montgomery) presented. to approve Consent Agenda as 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 January 15, 1997, the Council does approve for payment those vouchers included and further described as follows: 204693 and 204753 - 205097 in the amount of $833,058.07. COUNCIL MEMBER REPORTS Mr. Montgomery reported he attended the Opening Session of the Legislatures in Olympia on Monday along with nine members of the MOM Committee. He described the session as a "circus", and can now understand why not much gets done! Mr. Neville reminded citizens of the meeting to be held Tuesday, January 21, 1997, at 7:00 P.M. at Memorial Lutheran Church at 10th & Veneta to discuss "Removing of Parking from Planting Strips"; He TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 2 of 8 UNAPPROVED DRAFT also thanked all the neighbors who attended the meeting on Park Avenue last night at the KCAP Building. Mr. Overson reported on January 14 he attended an Open House at the ferry terminal where the future of the ferry system was discussed. He recommended anyone interested in this topic to attend one of these meetings. The next such meeting will be held on January 27, 1997, 6:30 - 8:30 P.M., in the Council Chambers. Mr. Paul Greene, head of the Ferry Commission, will be in attendance, as well as other staff members. Mr. Law announced the next District #3 Neighborhood Meeting will be held on January 21, 1997, with the topic "Calm After the Storm" to discuss current conditions of the City with Bob Tulp, Operations Manager, Public Works & Utilities; and Sgt. Kevin Long, Bremerton Police Department. In addition, Bob Tulp will discuss the "Lighting of the Manette Bridge", an on-going project. Mr. McConnell stated the February 1997 issue of Golf Magazine contained an article about Gold Mountain Golf Course, with many positive comments, as well as comparing it to courses in Scotland! Mr. Colvin welcomed Jim & Lillian Walker, recently declared "Citizens of the Century", and all their friends who joined them in the audience. He questioned the City Attorney about liabilities to the City when citizens assemble on the sidewalk, waving signs, distracting motorists, and possibly causing accidents? Mr. Sievers stated the City would not incur any liability for not passing an ordinance against assembly on sidewalks. He emphasized these types of ordinances are tough to pass because they restrict the exercise of free speech. If traffic is disrupted from such an assembly, there are laws that can be enforced addressing that issue. MAYOR'S REPORT Mayor Lynn Horton announced contrary to the rumor that is going around, Bob Tulp, Public Works Operations Manager reported there is no snow in the forecast for this week. Recently, she was provided a copy of a magazine article where the Olympic Course at Gold Mountain was rated among the top 10 courses in the nation and the only one to have green fees listed. Later she learned that most of the other 10 courses had much higher green fees per round, such as $125.00, which included a golf cart. The golf course staff were thrilled over the recognition and the Mayor complimented John Harbottle for a job well done on the design of the course. Mayor Horton announced the city is seeking five citizens to serve on the Council Salary Setting Committee and anyone wishing to submit their application may do so by calling her office. The Human Resources Manager is already collecting comparison data from TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 3 of 8 other cities and the City Treasurer will provide an overview of the City's budget capacity in order to come up with a fair salary for the city Council. Mayor Horton attended a briefing on the upcoming welfare reform package passed down by Congress to the Washington State Legislature. Because of changes in the welfare program, the City could anticipate, most likely in the short term, seeing a greater need in the low income population. One of the first issues that will be implemented is a 20% reduction in food stamp allotments, which means the local food banks will be inundated with people. Also, according to the Congressional Reform Package, there will be a maximum of 60 months (5 years) of assistance in a person's lifetime and she believes the "clock" starts now, they do not count past years. The State, at its option, may impose a lower limit and approximately 30 states have applied and the President has granted waivers, which means they have up to 10 years to waive some of the restrictions within the Congressional Reform. Governor Lowry proposed to keep the welfare system as is in the State, although a couple years ago the "step program" was initiated, which tries to get people back into work conditions. From what she is hearing neither new Governor Elect Locke nor the Legislature likes Governor Lowry's welfare package. If Council desired a briefing on this issue, a meeting with Larry Eyer, Executive Director of Kitsap Community Action Program, could be set up. Mayor Horton presented James and William Walker with a Certificate of Achievement as "CITIZENS OF THE CENTURY" for over 100 years (combined) civic service, some of which include the YWCA, PTA, Boy Scouts, Kitsap Regional Library Board, NAACP, KCAP, Voter Registration, Boundary Review Board, Democratic Party, NARFE, Ebenezer AME Church. Mayor Horton thanked the Walkers for all the years of service and dedication to the community. Mr. Walker thanked Mayor Horton and noted when he first came to Bremerton he knew it was a good town and was glad he stayed. Mrs. Walker stated they came to Bremerton June 20, 1941, and the first thing they did after obtaining housing was to join the Ebenezer AME Church in October 1941. The next action they took was to register to vote. Because they encountered discrimination, they help start the NAACP and worked to put stronger laws in place against discrimination, which was not to just benefit them, but anyone being discriminated against. She listed the many organizations and groups that they participated in within the community. The following individuals spoke of the many contributions the Walkers made in their years of service to the community: Tom Dorton, Bremerton resident; Lind& K. Jo¥ce, Executive Director YWCA; Reverend Cleveland Williams, Ebenezer AME Church; Marie Greet, Bremerton resident. TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 4 of 8 PUBLIC RECOGNITION Kal Leitchman, Bremerton resident, thanked Ian Sievers, City Attorney, for providing him the information he had previously requested relating to a $18,000 settlement on a lawsuit that involved a claim against the City for an injury resulting from a fall on a planting strip. He referenced various sections within that documentation that, in his opinion, were evidence against the claimant's charge that the City was liable for the injury when it was actually a pre-existing physical problem. He was still adamant against the City's proposed action to ban parking on planting strips. Joyce Lorenzen, Bremerton resident, stated her opposition to the City's proposal to remove parking from planting strips. She believes it will disrupt the quality of life she now experiences and that it will also cause more congestion and devalue her property. Tom Dorton, Bremerton resident, asked the Council members to visit his neighborhood and see the parking situation for themselves. He urged them to drive west on 6th Street turning right onto Chester Avenue and note that the parking strips are bear and there is approximately 10 ft. clearance on the street due to vehicles being parked on the street. He asked that they continue heading north on Chester and turn left onto 9th Street heading west where they will see vehicles parked on parking strips and leaving 25 ft. clearance on the street. In making this drive, he asked Council to bear in mind that the area can be very difficult, especially in snow, heavy rains or at night. They, the concerned citizens, will await Council's response. He wants to know what use the City plans for the hard packed clay and graveled parking strips that have been used for many years by the citizens as parking for their vehicles? In his view, there would be more of a chance of the City having liability with the vacant space than if vehicles were parked on them. He feels the City's reason for wanting parking removed from planting strips due to liability is nil. Gordy Byrd reported on his recent visit to the State Legislative Session in Olympia. He requested Council members Law and Huff- Menees to step down on issues having to do with Kitsap Transit. Kevin Thurston brought up some personal issues that were not appropriate to present and was requested to refrain from further comments of a personal nature. Ed Pietras, Martin Luther King Jr. Scholarship Fund, reminded everyone of the Martin Luther King Jr. Scholarship Fund Luncheon scheduled for January 19, 1997, 2:00 P.M., at the Kitsap Golf and Country Club. He noted the Walkers will be honored at this event. TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 5 of 8 Reverend Cleveland Williams, Ebenezer AME Church, invited everyone to the third annual Martin Luther King Jr. Celebration Program on January 20, 1997, at the Kitsap Pavilion. 79 - RESOLUTION NO. 2S83, ~WARDING CONTRACT FOR C~LLOW ~VENUE B~SIN PRIORITY It PHASE 2t STORM DRAINAGE SEP]%RATIONt ~]%B97-005 Bids were opened for the Callow Avenue Priority 1, Phase 2, Storm Drainage Separation on December 5, 1996. Nine bids for this project were received. The iow bid from R.L. Alia Company was $3,458,034, however, they requested to withdraw their bid on December 6, claiming a bid error of $687,000. R.L. Alia Company's bid and claimed bid error total $4,145,034. The second low bid was from Thomco in the amount $4,914,962.50. The City Attorney has reviewed this and recommended award to R.L. Alia Company at an amount of $3,458,034 as compromise and settlement of it's request for equitable relief. The engineer's estimate for this project was $4,270,000. The 1997 budget included $3,534,000 for this project. Public Works Trust Fund and Centennial Clean Water Fund Loans totaling $5,344,000 have been approved to finance this project. To make adequate funds available for this project, a budget adjustment increasing the Wastewater sources and uses of funds in the amount of $1,810,000 is necessary. The action before the City Council is approval of a budget adjustment establishing a project budget of $5,334,000 and approval of contract award with R.L. Alia Company. Gene Sampley, Public Works Director, stated due to the circumstances surrounding this particular Agenda item he asked the City Attorney to comment. Ian Sievers, City Attorney, stated Council held a brief Executive Session to discuss litigation issues involved with the award to the second bidder. An expedited trial date of Tuesday, January 21, has been set to resolve this matter. The issue is somewhat complex in that the City does not want to concede that there was an error made that would allow withdrawal of the low bid and that is why Council is being asked to award the bid. The City would agree to settle for the corrected amount, which will be decided on January 21. There are contingencies involved with the temporary restraining order and the Resolution does list several contingent actions that Council is being asked to approve. Mr. Sample¥ pointed out this is a significant issue with the City because it involves approximately $750,000.00. Virgil Elkington, Bremerton resident, asked the start date of the project involved with this issue and what part of Callow Avenue will be affected? Mr. Sampley stated the location is along SR304 from the Missouri Gate connecting with the last project, which will be completed in four stages. The timing of the project will depend on when that project can be awarded and the contract signed, which #2288 TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 6 of 8 will most likely be late winter/spring. Mr. Elkington asked if this project will happen at the same time as the highway improvement project into Bremerton? Mr. Sample¥ stated no, there will be a substantial period of time between the two projects. It is essential that this project be completed prior to the SR304/Gorst-Bremerton project. Mr. Elkington asked if there would be any savings if this project happened concurrently with the Gateway project? And, if there are any savings why is the project being built now rather than waiting? Mr. Sample¥ stated there is only savings by undertaking the project prior to the Gateway project since it is a different form of construction work and the street improvement could not be done in conjunction with that project. Mr. Sampley pointed out the City is under mandate to complete the subject project, which cannot be delayed until the transportation project. Mr. Elkington stated he has been investigating the transportation project from the State and he felt the State had not figured out exactly what they are going to do in the Callow Avenue corridor. Again, he is seeing one government isn't talking to the other government. He felt before any vote was taken to spend more money it should be reviewed to make sure money wouldn't be spent twice for the same thing. Mr. Sampley pointed out the City is managing both of the projects and staff members are talking internally. Mr. Winters stated when this issue was discussed in the Operations Committee it was stated there was some difficulty with this particular contractor's availability and eagerness not to construction the project. He asked how has the City resolved that by holding them to the bid? Mr. Sievers stated their letter in the Agenda packet certainly demonstrates an unwillingness to go forward at their uncorrected original bid price. The unwillingness is due primarily to an extreme financial loss that they would take performing at that price. The contractor is well experienced, a reasonable contractor and a responsible bidder on the project. Since that original committee meeting, the contractor expressed a willingness to take on the project if the City would correct their bid, which will still make them the low bidder. M/S/C/(Montgomery/Overson) to approve the attached Budget Adjustment 97-1, establishing a project budget of $5,344,000. Vote on motion: Motion carried. In Favor: Opposed: Montgomery, Huff-Menees, Neville, Farr, Overson, McConnell, Colvin, Law Winters Mr. Overson pointed out it appeared the Budget Adjustment request had not been presented to the Fiscal and Budget Committee prior to being presented to full Council? He also noted the Agenda Bill had #2376 TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 7 of 8 not been signed. Mr. Sample¥ explained the Budget Adjustment request was presented to the Fiscal and Budget Committee at the time the project was submitted to the Council Committee. Mr. Overson recommended support of the funding and as Mr. Sampley pointed out this item is required to be completed before the right- of-way changes that will be made as part of the Gateway project. M/S/C/(Montgomery/Huff-Menees) to approve the Contract Award for a corrected bid amount of $3,458,034 with R.L. Alia Company for Callow Avenue Basin Priority 1, Phase 2 Storm Drainage Separation and authorize the Mayor to execute the same; and adopt Resolution No. 2583. Vote on motion: Motion carried. In Favor: Opposed: Montgomery, Huff-menees, Neville, law, Farr, Overson, McConnell colvin Winters 7B - ANIMAL SERVICES KENNELING CONTRACT - McDONALD FARM ~NNEL, #2519 #AB97-008 This is a request for changing the City Kenneling Contract from Olympic Kennels to McDonald Farm Kennels. The City has had a kenneling contract with Olympic Kennels in Belfair since 1992, and is currently paying $23,000 annually. The current kennel supplies 10 indoor dog kennels and 10 indoor cat cages, with accommodations for 5 additional dogs @ $8.29 per dog per day, and 5 additional cat units @ $3.29 per cat per day (approximately $24,407.75). It is necessary to make one to two trips to the kennel a day, usually around heavy traffic hours through the Gorst corridor. McDonald Farm Kennel has agreed to enter into a similar three year contract beginning March 1, 1997 for $23,000 annually, and would supply 10 combination indoor and outdoor dog and 10 cat units along with 6 additional combination indoor/outdoor dog @ $6.00 per day and 6 cat units @ $3.00 per day. McDonald Farm Kennel has several convenient routes, is closer, and takes considerable less travel time. The McDonald Farm Kennel has more accommodations to offer than Olympic Kennel, for less money, time, and effort. Public comment - none. M/S/C/U(Huff-Menees/Montgomery) to approve the change of the current kenneling contract from Olympic Kennel to the new proposed contract with McDonald Farm Kennel. 8A - ORDINANCE (FIRST READING) AUTHORIZING TN~ ISSUE OF A $1t250t000 TAX ANTICIPATION NOTEt ACCEPTING THE PURCHASE OFFER OF TAPE #1434 City Council Reg. Mtg. Minutes January 15, 1997 Page 8 of 8 SEAFIRST BANK, #~B97-009 As indicated in the exhibits attached, the City's General Fund will run a cash deficit for several months during the year, unless some form of cash flow financing is provided. Analysis indicates that a Tax Anticipation Note is the most advantageous method of providing the necessary cash flow financing. Rich Hanna, Treasurer, stressed this is the most financially advantageous means available to the City to finance the General Fund's cash flow, which is affected by the timing of receipt of tax revenue and disbursements within the General Fund. The General Fund will generate a modest cash surplus through the course of the year, but the primary dynamic is the collection schedule of property taxes. Public comment - none. Mr. McConnell pointed out the contract did not contain an interest percentage and questioned if that would be negotiated between the first and second reading of the ordinance? Mr. Hanna stated yes. Mr. McConnell asked at what point of the year does the Tax Anticipation Note get repaid? Mr. Hanna stated it would have a start date of February 1, 1997, and mature January 31, 1998. #2768 M/S/C/U(Montgomery/Colvin) to approve the ordinance on first reading, authorizing the issuance of tax anticipation notes for the purpose of paying City expenses pending the receipt of general City taxes; creating a note redemption fund; providing for the sale of those notes to Bank of America NT&SA, doing business as Seafirst Bank of Seattle, Washington. President Fart thanked the TV camera crew for their services: Rob Rupe, Jammie Campbell and James Noble. With no further business meeting adjourned at 7:00 P.M.. KATHLEEN L. McCLUSKEY, City Clerk DAVID D. FARR, Council President City of Bremerton KLM/DDF/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Board of Appeals,Housing/Building Codes FOR AGENDA OF: January 29, 1997 ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: January 23~ 1997 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: Application for Appointment APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~Q-c~: ~-+~ 4. SUMMARy STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Board of Appeals, Housing/Building Codes. It is recommended the vacancy be filled by Phyllis Mann. 8. RECOMMENDATION: Motion to confirm the appointment of Phyllis Mann to the Board of Appeals, Housing/Building Codes. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: ~-c~/~ 2. CLEARANCE COM~4ENTS: N/A 5. IMPACT ON NON-PASSAGE: Less than full membership on the Board of Appeals. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: N/A 7. RESEARCH SOURCES: N/A gl I i' gr' 13111;IVllr..Vi I IOl~l APPLICATION l-OR CITY BOARDSICOMMISSION,¥r~;OMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any actioq is taken on your appointment, (Please type or print clearly) NAME: HOME ADDRESS: /O~c2~ ,_5'7~7~ EDUCATION: PROFESSIONAL/COMMUNiTY ACTIVITIES: LOCAL REFERENCES (name & phone number): ~-%~ b,'/vd ~;~b 373- If7/ I AM INTERESTED IN SERVING ON (please check one or more): Disability Action Committee ( ) Civil Service Commission (18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) () () () () () Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission ~arking Advisory Board gelid Waste Management Bremerton Housing Authority ( ) Youth Council ( ) Safe Streets ,Steering Committee (H) (W) Board of Appeals, Housing/Building Codes Speci,..ql Committees as needed Is this an application for reappointment? ~J(J If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office - -~ 239 4th Street Bremerton, WA 98337 Applications be renewed periodically to determine continued availability. information may be put on back, Additional pertinent AGENDA BILL - BREMERTON CITY COUNCIL SUBJECT: Inteflocal Agreement with PUD # 1 Professional Services Agreement With AGI FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Director PW&U City Attorney City Treasurer Operations Committee Fiscal & Budget Comm. CLEARANCES: (Comment on sa 3. EXHIBITS: ENDORSEMENT January 29, 1997 Public Works & Utilities K. Cahall, Water Resources January 14, 1997 A) Professional Services Agreement, Scope of Work, & Contract with AGI B) Interlocal Agreement with PUD #1 to provide funding INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~, ~ ~~? ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1995 the City, in cooperation with PUD #1, began the Gorst Creek Basin Study. The purpose of the study was to describe the hydrogeologic dynamics between surface and ground water in the basin. The study was completed in 1996 and recommended that monitoring wells be drilled to provide additional data. Funding for these wells will be provided by PUD #1. The consultant, ^$I Technologies, Inc., shall be paid for time and expense by not to exceed Sixteen Thousand Dollars ($16,000.00) as outlined in Exhibit 'B". 8. RECOMMENDATION: That City Council approve the Professional Services Agreement and Interlocal Agreement, and authorize the Mayor to sign, subject to City administrative policies and procedures. The consultant shall be paid not to exceed $16,000.00. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Director Public Works & Utilities Water Resources Manager N/A N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: ~ ~- *>~ / ~ /_5 2. CLEARANCE COMMENTS.'-- 5. IMPACT ON NON-PASSAGE: If this project is not approved, the City and the PUD #1 will not be able to complete data gaps in the Gorst Creek Basin project. The City would not be able to use the funds from the PUD's Conservation and Water Resources Fund. 6. IMPACT ON STAFFING, BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: Staffing for this project has been budgeted for 1997. This project was identified in the Water Resources 1997 budget and identified as receiving grant funding. 7. RESEARCH SOURCES: · Gorst Creek Basin Study Phase I, 1996 AGI · Kitsap County Basin Assessment 1995 Draft /¥ sb {\970129_2.ab} PROFESSIONAL SERVICES AGREEMENT Gorst Creek Basin Monitoring Wells THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and AGI Technologies (hereinafter referred to as "AGI"). W I T N E S S E T H: 1. SCOPE: AGI agrees to provide the City with specifications for two (2) monitoring wells in the Gorst Basin, to supervise test well construction, evaluate results, and prepare a test well completion report. AGI's services are more fully described in Exhibit "A", attached hereto and incorporated herein by reference. 2 TERM: Contract shall commence on ~ .... , ~ and will terminate on December 31, 199~. 3. COMPENSATION: City shall pay time and expense but not to exceed Sixteen Thousand Dollars ($16,000.00), as outlined in Exhibit "B". AGI shall submit statements describing the time and expense incurred with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Proposal designates additional services which may be requested by the City, said additional services will be paid for by the City at the rate set forth in the Proposal, which sum may exceed the "not to exceed" amount set forth above; however, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that AGI is a firm skilled in matters pertaining to hydrogeological services and will perform independent functions and responsibilities in the area of its particular field of expertise. AGI and its personnel shall act as independent contraGtors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, AGI shall work under the direction of the Water Resources Manager. 5. INDUSTRIAL INSURANCE: AGI agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: AGI shall possess a current Bremerton PROFESSIONAL SERVICES AGREEMENT --1-- AGrrEcH.~A - Agent Disk 1 - 7/8/~ Business License and any regulatory license required to fulfill AGI obligations under this Agreement. B & O taxes shall be paid when due and AGI, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE ~ HOLD F~ARMLESS: Prior to and during the performance of the work covered by this Agreement, AGI shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability for errors and omissions in connection with the work to be performed by AGI under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. AGI agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of AGI, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - AGI, at such times and in such forms as the City may require, shall furnish the city such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be-incurred in connection therewith, and any other matters covered by this Agreement. AGI will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A" & "B". PROFESSIONAL SERVICES AGREEMENT -2- AGrI'ECH.~A - Agremn~t Disk 1 - ~8/96 c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to AGI or by AGI to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA 98337 AGI Technologies PO Box 1158 Gig Harbor, WA 98335 ATTN: Douglas C. Dow e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - AGI agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - 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 action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. ~ONDISCRIMINATION: AGI shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. L0. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the Qther party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which AGI is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. // PROFESSIONAL SERVICES AGREEMENT -3- AGIT~CH.~A - Ag~m~t Disk ! - 71gl~ /? AG~HNOLOGIES CITY OF BREMERTON Date: BY: 1AN R. S~EVERS, City Attorney LYNN HORTON, Mayor of Public Works & Utilities RECEIVED FOR FIL/NG: KATI4~ ~N L. McCLUSK~Y, CrrY ~ PROFESSIONAL SERVICES AGREEMENT -4- AGITECI'I.PSA - Agn~m~nt Di~k 1 - 7/SI96 AGI TECHNOLOGIES June 19,1996 City of Bremerton Public Works 3027 Olympus Drive Bremerton, WA 98310-4799 Attention: Kathleen M. Cahall, Water Resources Manager Subject: Ftydrogeological Services Scope of Work for Gorst Creek Basin Test Well Construction Dear Kathleen: AGi's evaluation of the ground water resources of the Gorst Creek Basin identified several data gaps during the Phase I study. To better understand the Basin, additional water level monitoring points are needed west of Twin Lakes and in the Sea Level Aquifer in the lower Gorst Creek Basin. This scope of work and cost estimate are for construction of two 8-inch test wells to be drilled by the cable-tool method at the approximate locations shown on Figure 1. The Twin Lakes test well will be approximately 250 feet deep and will be completed with two hydraulically isolated piezometers monitoring the shallow and deep portions of the Twin Lakes Aqufier. The lower Gorst Creek Basin test well will be drilled to a depth of about 300 feet. It will be'completed with one or two piezometers monitoring the Sea Level' Aquifer. The proposed completion designs, from which the construction cost estimates are derived, are shown in Figure 2. AGi will direct the construction, completion, development, and initial monitoring of these test wells. We will also provide the City with a detailed report at the completion of construction. /? P.O. Box 1158 · Gig Harbor, Washington 98335 · (206) 851-5562 · FAX (206) 858-6007 WASHINGTON OREGON CALIFORNIA AGI TECHNOLOGIES SCOPE OF WORK Task 1 Prepare Scope of Work and Cost Estimates This scope of work has been developed for the preferred test well locations shown in Figure 1. Cost estimates for test well construction are derived from the proposed test well design shown in Figure 2, which is included with this scope of work. Work in Task I includes: Preparing this scope of work for construction of one test well at each proposed site and estimating the depth of each test well and Piezometer installation. Assisting the City in securing all necessary permits, well construction start cards, etc. Preparing well construction and professional services cost estimates based on this scope of work. Task 2 Prepare Drilling Specifications and Bid Documents AGI will: · Prepare the technical specifications for construction of the test wells according to the proposed design on Figure 2. · Prepare bid documents and assist the City with selection of a qualified drilling contractor. Task 3 Supervise Test Well Construction AG_i will act as liaison between the contractor and the City and direct the test well construction program. AGI will: Direct all construction activities making sure the test well is constructed in accordance with WAC 173-160, Minimum Standards for Construction and Maintenance of Wells, and the specifications. Review all contractor invoices before they are forwarded to the City for payment. Assist the contractor with collection of soil samples, bail testing, and daily water level measurements. AGI Establish the drilling and completion design depths based on drilling results. Conduct slug tests to determine the hydraulic conductivity of selected aquitards. Conduct natural gamma and other geophysical logs as appropriate. Supervise installation and development of the piezometers. Tas_k 4 Evaluate Results AGI's hydrogeologists and support staff will: · Compile and evaluate the geologic record and water level data collected during construction. · Develop a computer-generated GIS map showing test well locations. · Analyze the data. Task 5 Prepare Test Well Completion Report The report will detail the results of both test wells and will include: · Well site descriptions. · Casing and piezometer records of sizes and depths. · Hydrogeologic log descriptions, of the soils penetrated during drilling. · Records of water levels in each aquifer. The drilling contrsctor will submit his completed Water Well Report. to Ecology within 30 days of well completion and attach a unique well ID tag to each test well before leaving the site. The estimated cost to drill and construct these two test wells is $42,000. A detailed breakdown of the estimated costs is shown on the enclosed sample bid forms. AGI TECHNOLOGIES SERVICE AGREEMENT AGI's charges for professional services on this project will be based on actual time and expense according to the enclosed Schedule of Charges. We will work closely with the City to stay within the proposed budget. We estimate the cost of our services for this scope of work to be approximately $15,897, as detailed on the enclosed Professional Services Estimate. Please authorize our services by signing and returning one set of the enclosed contract documents, noting the risk allocation section on the Service Agreement. If you agree to the proposed limitation amount, please initial the adjacent space. Upon our receipt and acceptance of the signed contract documents, we will proceed with the work described herein. We look forward to working with you on this project. Please call if you have any questions or need additional information. Sincerely, Douglas C. Dow Associate Hydrogeologist DCD/dib enclosures: Figures 1 and 2 Sarhple Bid Forms Schedule of Charges Professional Services Estimate Service Agreement Gorst Creek Monitoring Well Addendum to Exhibit A - Scope of Work The project report will be placed in a comb binder, will detail the results of both test wells, and will include: Well site description, including map. Casing and piezometer records of sizes and depths, including a diagram. Hydrologic log descriptions of the soils penetrated during drilling. Records of water levels in each aquifer. Gamma log results. Monitoring plan - describe the purpose of the wells and outline a proposed -description of their use such as the frequency and types of data collection AGI T ECIINOLOGI£S PW NO: 96-6014 Principal Sr, Staff Project Mana{ler Staff Hydrogeologlst Clerical Taoks $132/hr $100/hr $75/hr $50/hr $45/hr 1 Prepare Scope of Work and Cost Estimate 1.00 8.00 1.00 0.00 3.00 ')2 Prepare Drilling Specifications and Bid Documents 1.00 8.00 1.00 0.00 3.00 3 Supervise Test Well Construction 1.00 8.00 24.00 100.00 0.00 4 Evaluate Results 1.00 2.00 8.00 10.00 1.00 5 Prepare Test Well Completion Report 2.00 4.00 24.00 24.00 8.00 Total Hours 6.00 30.00 58.00 134.00 15.00 Subtotal 792.00 3,000.00 4,350.00 6,700.00 675.00 ....... :.;;.' ., .,,,.... , ....,....,.... ,......,;::, .. .., , ::,, ::::::::::::::::::::::::::::::: ::::, ::::::..,:; :...:.:,:,;;:.:,,;:::.: ; Expenses: Mileage (1,000 x $0.38) 380.00 DRAFT INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND PUBLIC UTILITY DISTRICT NO. ! OF KITSAP COUNTY CONCERNING 1997 WATER RESOURCE AND CONSERVATION UTILITY FUND ALLOCATION WHEREAS, The City. of Bremerton (CITY) desires to assess the existing and future surface and groundwater supplies within the Gorst Creek Drainage Basin and evaluate associated data; and WHEREAS, The Board of Commissioners of Public Utility. District Number One of Kitsap County (DISTRICT) have passed Resolution No. 92-t 1-24E which establishes a "Water Resource and Conservation Utility Fund" to support specified water resource and conservation activities throughout Kitsap County; and WHEREAS, Continued study of Gorst Creek Basin is of value to developing a better understanding of water resources in K.itsap County in general; and WHEREAS, Development of a Graphic Information System (GIS) in the City of Bremerton provides valuable information to all water purveyors in Kitsap County.; and WHEREAS, The CITY and the DISTRICT desire to work cooperatively to ensure proper water resource management and reliable, high quality water service to Bremerton residents; THEREFORE, The CITY and the DISTRICT agree to the following: 1. No separate administrative entity is created by the terms of this agreement. 2. As provided for in the Laws of the State of Washington and under the terms of DISTRICT Resolution 92-11-24E, the DISTRICT agrees to assist the CITY in developing two monitoring wells in the Gorst Creek Basin and the City GIS system as set forth in Attachment 1, in an amount not to exceed $100,000.00. 3. This agreement will take effect immediately upon execution of both parties and shall continue until December 31, 1997 unless amended or rescinded by mutual agreement of the CITY and the DISTRICT. City of Bremerton / PUD #1 Interlocal Agreement 1997 Water Resource & Conservation Utilib/Fund Allocation Page 1 DRAFT DRAFT Attachment 1 Scope of Work Task l' Gorst Creek Basin Study Wells CITY will develop two monitoring wells in the Gorst Creek Basin. These wells Mil supply data which will add to what we have learned in the Gorst Creek Basin Study and will provide valuable information on the dynamics of the water in the Gorst Creek area. TNs data not only will assist the City, in managing and operation our water supplies, but w/Il add to the understanding of water resources county-wide. The CITY will select the contractor(s), who will conduct the study. CITY will provide appropriate supervision. The CITY will keep the DISTRICT informed on the progress of the study and provide a copy of the results when the study has been completed. Copies of the data developed in the course of the study will also be provided to the DISTRICT in both digital and printed formats. When invoices for the study are received from the contractor(s), they will be reviewed by CITY staffto ensure accuracy and forwarded to the DISTRICT for payment. DISTRICT funds in an amount not to exceed $50,000 are allocated to this task. Ta~k 2: Graphic Information System CITY will continue start-up and development of the CITY Graphic Information System (GIS), including establishment of section lines, property lines, fights-of-way, and mapping of utility. systems. C~TY will provide staffto perform system establishment and data input, establisl:i section comer location in field, and setup and maintain necessary computer systems. DISTRICT will provide funding for CITY staff activities and the acquisition of computer hardware and software, manuals, licenses, training and other activities related to the GIS. DISTRICT funds in an amount not to exceed $50,000 are allocated to this task. DISTRICT will provide funding within 30 days of execution of this agreement. City of Bremerton / PUD #1 Intedocal Agreement 1997 Water Resource & Conservation Utility Fund Allocation Attachment 1. Page 1 DRAFT