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
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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
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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.
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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
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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
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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
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