HomeMy WebLinkAbout05/24/95 COUNCIL
APPROVED
JUN 1995
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UNAPPROVED DRAFT
CITY COUNCIL HEETING MINUTES
MAY 24, 1995
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, May 24, 1995, at 5:30 P.M., with
Council President Sherril Huff-Menees presiding. Council members
present were Bob Winters, A1 Colvin, Morrie Dawkins, Carlos
Montgomery, John Law, David Farr Richard Neville. Councilman Lon
Overson was absent. Also present were City Attorney Ian Sievers
and City Clerk Kathy McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Huff-Menees and Invocation given by Pastor Hennigan of
Apostolic Life Tabernacle Church.
CONSENT AGENDA
A. Minutes of Meeting - May 10, 1995
#AB95-108
#0057
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/Dawkins) on May 24, 1995, the Council does approve
for payment those vouchers included and further described as
follows: 184829 through 184943 in the amount of $285,840.37;
Retirees' Payroll for the period ending 5-31-95 in the amount of
$100,206.40; and Regular Retroactive Payroll for the period ending
5-26-95 in the amount of $141,228.26.
COUNCIL MEMBER REPORTS
Mr. Winters thanked the City Council President for attending the
D.A.R.E./G.R.E.A.T graduation at 7:30 A.M. on Friday morning. He
was able to attended two D.A.R.E. graduation ceremonies. He
announced the KitsapLake Neighborhood Hood Association was meeting
on this date, 6:30 P.M. at the Cascade Natural Gas building. Henry
Mincey, Safe Streets Coordinator will be the guest speaker at that
meeting. He hopes constituents in District #9 will attend the
Neighborhood meetings so they can get a full report on what is
happening in their neighborhood.
Mr. Colvin reported this morning he attended a N.A.R.F. meeting and
was impressed by the quality of citizens attending that meeting.
He strongly supports the N.A.R.F. organization and believes never
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has an organization done so much for so many with so little and the
N.A.R.F. members are worthy of everyone's support. He invited
several of the N.A.R.F. Officers to the City Council meeting to
share their impressions of Bremerton. He extended a special
"welcome" to the N.A.R.F. convention attendees. Scotch broom and
the affect it has on people has been subject of a lot of discussion
and it concerned him that many senior citizens are adversely
affected by its scent and pollen. He was asked by a number of
citizens what is the Council's opinion about the Scotch broom. He
did not volunteer Council's opinion, although he knows there are
other members of the Council who expressed concern over the adverse
affects of Scotch broom. He believes there is enough grass roots
objection to the Scotch broom and the City will be hearing from
them. He commended all those who sponsored the Armed Forces
Parade, which he felt it was one of the best. He and Councilman
Neville witnessed the "fly over" during the Armed Forces
celebration.
Mr. Dawkins agreed with Mr. Colvin about the adverse affect of the
Scotch broom and felt there was enough manpower available to clear
off the plants at the ends of the Warren Avenue Bridge and then
replant the area with something that can be enjoyed. He also felt
the Armed Forces Parade was great with huge crowds and the Lions
Club Pancake Breakfast was very successful.
Mr. Montgomery stated if the Scotch broom is removed he will donate
one Rhododendron plant to be replanted in its place and challenged
the rest of his fellow Council members to do the same. He also
felt the Armed Forces Parade was excellent, however, he missed the
"fly over". A District #6, #7 and #8 newsletter will be forthcoming
soon and publishing the results of some of the questions and
concerns raised at the last combined District meeting.
Mrs. Huff-Menees stated she too enjoyed the Armed Forces
festivities and thanked all the men and women who put in immense
amounts of work and effort into making all the events such a nice
offering for the City and the residents of the City. The
G.R.E.A.T. program Mr. Winter's referred to is "Gang Resistance
Education And Training", and the City had its first graduating
class at Bremerton Jr. High. She extended her congratulations to
all of the young people who graduated from that program and a
special thanks to Police officer Fitzpatrick for his work in
bringing the G.R.E.A.T. program to the City.
MAYOR'B REPORT
Mayor Lynn Hotton reported on Friday she attended the Prisoner Of
War Memorial that was dedicated on board the USS Turner Joy. The
main speaker at that event was an ex-POW of six years. She noted
the difficulty of trying to envision what Vietnam was like during
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those war torn years and the kind of treatment given to prisoners
in the POW camps. She encouraged everyone to go on board the
Turner Joy and visit the POW Memorial, which includes a list of all
POW's displayed on a wall. On Saturday morning, she attended the
Opening Ceremony for the USS Missouri followed by the Armed Forces
Parade. All of the Armed Forces Activities were well attended and
the weather was wonderful. Coming up on June 28 - 30th, 11:00 AM
to 7:00 P.M., and Saturday July 1, 10:00 AM to 5:00 P.M. a
Household Hazardous Waste Collection event will be held at Olympic
College. Anyone having hazardous waste needs to have them labeled
so that the waste handlers will know what kind of waste they are
dealing with. Items not accepted include: explosives, non-
hazardous household waste, business waste, medical waste,
fluorescence tubs, road flares, asbestos and radio active waste.
They will take household cleaners, garden chemicals, hobby
chemicals, batteries (both automotive and household), automotive
products like anti-freeze and contaminated used motor oil and oil
based stains and solvents.
Mayor Horton reported soon the City will be releasing a list of
name choices to name the new Golf Course expansion to the Men's
and Ladies Golf Clubs. Suggested names include: The Old and New
Course; the East and West Course; Cascade and Olympic Course.
Mayor Horton introduced Megan Kalsen, Grants Writer, who will give
a run down on her grant writing function. Mayor Horton noted in
some cases grants were not secured, but the City has been able to
secure Public Works Trust Fund Loans. Ms. Kalsen has recently
completed several IAC grant applications and she is in the process
of packaging up an Economic Development Grant, similar to that
received to fund the boardwalk. Also, following Council approval,
the City will be applying for a grant for Auto Center Way/Werner
Road Corridor for stormwater improvements, street and sidewalk
improvements and to continue the extension of service to the top of
Werner Road. Megan Kalsen stated she was prepared to provide an
activity report for the period of January through April 1995. For
this period she aided and provided the City of Bremerton external
opportunities totalling $19,200,000, which equates to a generous
quarter or 27% of the City's 1995 ($71,000,000) budget. Included
within those dollar figures are two projects for the Parks
Department totalling $1,050,000; one project for the Police
Department totaling $750,000; seven projects for Public Works and
Engineering totalling $9,260,000.00 and two projects for Public
Works and Utilities totalling $8,130,000.00. Upon the funding
agencies'. approval, the City of Bremerton could expect receipt of
funds that could range from late 1995 through the 1996-98 funding
cycle. To provide these opportunities through April, 49% of the
time stipulated under the current contract, has been used for the
first third of the year. Currently, in addition to the Economic
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Development Grant previously mentioned, she is also working as the
City's representative with the Catholic Archdiocese and Admiral
Theater Foundation partnership for the Downtown Theater District
Revitalization Project, which will be requesting $1,400,000.00 of
Economic Development funds of which the City would receive $400,000
without any additional match funds committed. Additionally, she is
working with a Law Enforcement Education Partnership program
project, which if successful could bring an additional $35,000.00
to the City and a Community Orienting Policing Services - Making
Police Officer Re-deployment Effective project, which does not have
a dollar amount developed. While this amount cannot be used as an
average for the rest of the year, it does demonstrate the type of
service she is dedicated to provide.
President Huff-Menees thanked Megan for her industriousness and all
of the good work she has been doing.
PUBLIC RECOGNITION
Donald Palmer, President of N.A.R.F.E.Chapter #0181, relayed the
message that the 36th N.A.R.F. Washington State Federation Of
Chapters Convention really enjoyed being in Bremerton. He went on
to outline the purpose of the N.A.R.F.E. organization and its value
to its members. Keith, an out-of-town N.A.R.F.E. member, stated he
was pleased to be back in Bremerton after a long absence. He
particularly enjoyed revisiting the USS Missouri. He emphasized
the main goal of the N.A.R.F.E organization is to protect their
retirement.
Bob Sauter, Veterans of Foreign Wars Post #3694 made the following
announcements:
(1) Memorial Day Commemorative Service -May 29, 1995, 1:00 P.M., at
Ivy Green Cemetery, with the focus being on World War II - 50th
Anniversary. Mr. Sauter emphasized the fact that 292,000American
men and women were killed during WWII, with 63 of them from
Bremerton.
(2) On May 15, 1995, Governor Lowry signed the bill authorizing the
World War II Memorial. Mr. Sauter again asked the City to take
under consideration the donation of $100.00 per each individual
from Bremerton, who was killed in action during WWII, to that
memorial.
Gordy Byrd reported he attended a Presidential Committee meeting
for hiring people with disabilities, which was a nation-wide
conference. He asked people with dogs to please keep them leashed
or fenced so they are not a threat to people walking along roadways
and sidewalks.
Nancy Buck, District #1 representative, reported the general
consensus of citizens attending the District #1 meeting on May 18
supported getting rid of the Scotch broom at the north end of the
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Warren Avenue Bridge because it is a health hazard for many people.
She read a number of responses from senior citizens expressing
their concern over the Scotch broom.
Richard Chrisinger, dual resident of Missouri and Bremerton,
commented on the wonderful Armed Forces pictorial display at the
old J. C. Penneys building and the fact that the USS Missouri is
handicapped accessible. He also shared with the City Council his
desire to have the USS Missouri moored on the Mississippi River at
the gateway arch in St. Louis, Missouri, however, none of us have
enough money to carry out such a proposal.
7A - POSITION RECLASSlFICATION - CHANGE SERVICE SPECIALIST SENIOR
TO OPERATOR 8ENIOR IN THE WATER RESOURCES DIVISION, ~=AB95-109
This reclassification request is to change an existing position of
Service Specialist Senior to Operator Senior in the Water Resources
Division. Increased regulatory requirements and water system
complexity make it necessaryto have personnel with specific water
operations experience and certification. No additional funds are
needed for this change.
Kathleen Cabal1, Water Resources Manager, explained in the water
operations side of water resources there are only five positions
and four of them have job descriptions that are specific to water
operations. The fifth position is a Service Specialist and it is
desired to reclassify it to the more specific Senior Water
Operator.
Public comment - none.
Mr. Law stated it is refreshing to have Ms. Cahall come before
Council with the position change because historically it might have
been a surprise and such action taken internally.
M/S/C/U(Montgomery/Dawkins) to approve this reclassification to
change the Service Specialist Senior to Water Operator Senior.
7B - BID AWARD, CALLOW AVEME BASIN CSOREDUCTION PROJECT, PRIORITY
1, PHASE I (V4214), #AB95-110
On May 16, 1995, the City opened bids for the "Callow Basin,
Priority 1, Phase i Storm Drainage Separation and Overflow 17
Improvements and Relocation of 42" Combined Sewer and 24" Water
Main at Callow Avenue and Rodgers Street" project. Five bids were
received (see attached summary of bidders). The low bid was
received .from Pape & Sons in the amount of $2,123,159.25. The
engineers estimate was $2,275,606.50. The Navy is funding the work
shown on Schedule B of the contract which benefits the PSNS
expansion, in the amount of $251,906.25. The Schedule A work is in
the amount of $1,871,253.00. Sufficient funds are available to
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perform this work.
the contract.
Staff recommends that Pape& Sons be awarded
RandVWitt, City Attorney, stated this culminates a lot of work for
the Engineering Department on the design aspect of this project and
it is the start of what will be many phases to the Callow Avenue
Basin. Five bids were received, which were fairly close in price.
This project was coordinated extensively with the Navy's expansion
and it is the City's goal to get in and out of the area prior to
their completing the expansion project. This is a win-win
situation whereby the City and the Navy save money on their
respective contracts through such coordination. It is also the
first phase in complying with the Consent Decrees from the
Department Of Ecology andPuget Sound Alliance. The middle part of
the project is being built first and in summer of 1996 he will be
coming out with extension projects and then adding on additional
work.
Public comment - none.
Mr. Dawkins noted the bid award figure came in below the Engineer's
estimate. He asked Mr. Witt if he felt it was a good bid for a
good price from what was estimated? Mr. Witt stated yes, he is
comfortable with both the price and contractor.
Mr. Farr asked what percent this project represented in the total
stormwater/sewer separation project? Mr. Witt explained this basin
is one of the larger basins and the subject project is just one
segment. This project will not include building the outfall,
however, this phase is a result of coordinating and meeting the
Navy's schedule.
Mr. Winters asked if the City contracted services with the proposed
contractor on past projects and if so, how was that working
relations? Mr. Witt stated yes, past experience with the contract
has been good. Mr. Winters asked Mr. Witt if the City had any
disputes with the contractor over any issues? Mr. Witt explained
the City always has discussions with its contractors, however, they
never reached a litigation point with this contractor and he did
not foresee that at this point.
Mr. Colvin commented that Mr. Witt is doing a magnanimous job and
his efforts are appreciated.
Mr. Neville asked Mr. Witt if he had an approximation as to how
many phases will result on the total project? Mr. Witt stated the
project is broken into five phases of work, however, the first
phase has been spit into two parts, which brings about discussion
on priorities of phases. The DOE Consent Orders must be completed
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by the year 2000, therefore the intent is to complete one phase
each summer to meet that schedule. The estimated overall basin
cost is 14 million dollars.
Mr. Law referenced Schedule A (City) and Schedule B (Navy) and
questioned if that meant the Navy is paying for the Schedule B
segment? Mr. Witt explained the Schedule B work is being worked in
with the City's project and does benefit the Navy's expansion,
specifically relocation of facilities for their parking garage.
Mr. Law asked if the Navy accepted the City's bid and are willing
to pay the $251,0007 Mr. Witt stated the City met with the Navy on
May 23 and they did agree the bid was within their estimate. The
original Engineer's estimate of $249,000 for the Navy's segment was
provided by their engineers.
Mr. Colvinquestioned the overall schedule for the proposed project
and if the City was on schedule time wise and budget wise? ME.
Witt stated the City is on schedule with both and there is adequate
money budgeted to complete the work. The schedule calls for some
key points within the construction schedule and the City will make
sure the contractor complies with those requirements. In general,
the contractor needs to be done by November or he gets the pleasure
of working around the Navy's contractors.
M/S/C/U(Colvin/Dawkins) to authorize and direct the Mayor to
execute the contract with Pape & Sons for construction of "Callow
Avenue Basin, Priority 1, Phase i Storm Drainage Separation and
Overflow 17 Improvements and Relocation of 42" Combined Sewer and
24" Water Main at Callow Avenue and Rodgers Street".
7C - BID AWARD, WASTEWATER TREATMENT PLANT ODOR CONTROL
DECHLORINATION PROJECT (V4215 & V4217), #AB95-111
On May 12, 1995, the City opened bids for the WWTP Odor Control and
Dechlorination Project. Two bids were received: Pease & Sons in
the amount of $5,319,460; and Pacific Mechanical Corporation in the
amount of $5,123,940. The Engineer's estimate was $5,935,600. All
bids include Washington State Sales Tax. Pacific Mechanical
Corporation meets the minimum contractor requirements specified in
the contract. Sufficient funds exist to do this work (see attached
project funding sheet). Staff recommends that Pacific Mechanical
Corporation be awarded the contract.
Randy Witt, City Engineer, stated this project received favorable
bids, which were below the Engineer's estimate, even though there
were onlytwo bidders. The project is on a tight time line for the
following reasons: (1) the odor control improvements do need to be
on line by the end of 1995 to meet the Consent Decree from the
lawsuit settlement; (2) the dechlorination system needs to be on
line by the end of 1995 to meet the City's NPDES Permit requirement
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to operate the wastewater treatment plant. The contractor has
provided a schedule that shows he can meet those deadlines. The
City has reviewed the proposed contractor's references and verified
he is qualified to receive the bid.
Michael Zoretic, Attorney representing Pease & Sons, stated they
are protesting the award of this contract to Pacific Mechanical.
The reason for protest is Pacific Mechanical's bid is non-
responsive as stated in Washington law, specifically RCW39.30,060,
which is known as the Subcontractor Listing Law. Generally stated,
the subcontractor listing requirement requires a general contractor
to do one of two things: (1) list its subcontractors who will
perform more than 10% of the work; (2) to list itself as performing
categories within the contract. If the general contractor, who
submits a bid does not conform to this requirement, by statute that
bid is non-responsible and void and must be rejected, which is the
case in this instance. Pacific Mechanical is intending to perform
certain categories of work, but they did not list themselves as
required by the statute. Specific language in the statute states:
"Every invitation to bid on a contract that is expected to cost in
excess of $100,000 for the construction of any public building or
public work shall require each bidder: (1) submit as part of the
bid the names of the subcontractors, whose subcontract amount is
more than 10% of the contract price; (2) the bidder indicate by
naming itself that a category of work on the list shall not be
subcontracted". The purposes behind the statute are fairly simple,
if a general contractor does not lists its subcontractors he is
then capable of going out and shopping his bids. The contractor
can give the entity a price, but without being committed to
specific bidders, he can go to different subcontractors and get a
lower price. The second aspect of that statute where the general
contractor is required to list himself if he is going to perform a
certain category of work is also for the same purpose. If the
general contractor does not commit himself to perform this work, he
can also then go out and subcontract the work out at a lower price
after the bid is awarded. That means the contractor will be able
to get a lower price and make a higher profit than the other
bidders on the project, who have complied with this statute. He
read into the record one other aspect to this statute: "Failure to
name such subcontractors or itself shall render the bidder's bid
non-responsive, therefore void". Mr. Zoretic emphasized this case
is a "slam dunk" case because Pacific Mechanical did not list
itself as required by that statute. This bid is void, non-
responsive and his client, Pease & Son, are entitle to this
contract because they are the low responsive responsible bidder.
In response to the bid protest, Pacific Mechanical has come up with
a rather cleaver argument that some how the category of work that
the general contractor will be performing itself must exceed 10% in
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order to fall within the statute. If you look at the statute,
there is no basis for that reading. The 10% rule applies merely to
subcontractors, who will perform l0% or more of the work have to be
listed. As far as the general contractor itself, if he going to
perform any category of work he has to list himself. There is no
10% value of the general contract stated in that obligation.
Importantly, Pacific Mechanical's attorney sent a letter to Ian
Sievers, City Attorney, in which he admits that his client is going
to be performing categories of work by itself. This contract
requires the general contractor perform one third of the work
itself, which is a standard contact based on WASAC. Mr. Zoretic
quoted from Pacific Mechanical's attorney's letter: "The one third
portion of the contract price that Pacific Mechanical will perform
consists of a number of separately identifiable parts or categories
of the work listed in the Table Of Contents Division 1-16". In the
referenced letter, the attorney admits his client will be
performing some of those categories of work by itself and that in
and of itself shows Pacific Mechanical is violating the statute.
Even if one could strain the statute to read the way opposing
counsel in this case thinks it should be read, and that there is a
10% requirement for each of the subcategories before the general
contractor has to list himself, it simply is not logical and Mr.
Zoretic will show how that is true. Division #15 is mechanical and
is broken up into several subcategories stating things such as
"pipe fittings", "valves", "Pipe hangers/supports" - Pacific
Mechanical is a mechanical contractor and if you believe their
argument they are telling the City that as long as none of these
subcategories add up to 10% of the work, that they do not have to
list themselves as performing that work. In other words, they can
list themselves as performing the pipe and pipe fitting work, valve
work, etc., and as long as none of those specific items add up to
10% they don't have to comply with the statute. Such a position is
nonsensical and completely contraryto what the statute is intended
to do, which is to prevent bid shopping.
John Cristello, Senior Projects Manager for Pease and Sons, stated
Pease & Sons recognizes the very important need for the community
on this project, likewise this project is important to Pease &
Sons. He stressed the fact they are a local company that has been
in business for approximately 50 years and headquartered out of
Tacoma. They have been responsible for several projects for the
City of Bremerton, all of which, to his understanding, have been
completed successfully, on time, on budget and without litigation.
They think such a track record is important. Pease & Sons try to
play by. the rules. The bid documents required that all
contractors/bidders perform certain work. Pease & Sons has
attempted to do that and have committed to doing certain work on
this contract. There may be a penalty that Pease & Sons has
incurred by making that commitment, but that is what the contract
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requires. They are doing work with their own forces, not bid
shopping, not brokering the job, but using local contractors and
employees to do the job. They think, as a matter of fairness and
equity, Pease & Sons should obviously have this contract. They
recognize that is a difficult decision for the City Council. He
ask the Council if the contract requirement is disregarded what
other contracts are also to be disregarded? If we start throwing
out segments of the contract where do we stop! He is unfamiliar
with Pacific Mechanical and could only assume they are a good
contractor, however, it is not unknown that out-of-town contractors
can come in and "beat up" on people, take advantage and end up with
a lot of disputes...that is not Pease & Sons' style. In summary,
Pease & Sons would very much like to have this contract and it is
very important to them. If Council determines that it is not
proper to award the contract to Pease & Sons, they request, at a
minimum, the contract be rebid as a matter of fairness and equity
to everyone. He recognizes the importance to the community, but
his company believes that is the only fair solution if the award
cannot be made to Pease & Sons. From his experience he believes,
both as a consulting engineer and a contractor, rebidding could be
completed within a couple of weeks.
President Huff-Menees asked the City Attorney to give a response
with respect to the City's position. Ian Sievers, City Attorney,
stated the City was fortunate enough on this bid protest to receive
written details of the protest from Pease & Sons and a written
response from Pacific Mechanical, which was mentioned in Mr.
Zoretic's testimony. The City has also received some
correspondence from the consultant engineer, who drew up the bid
documents and their opinion of the response the City received from
the low bidder. Mr. Sievers also discussed the actuarial of this
bid with Municipal Research. He provided the City Council a
written opinion on various scenarios that he believed addressed the
arguments that were presented during the discussion on the issue at
this time. He recommended to Council that the low bid is
responsive. It is Council's position to make determination of
whether a bid is responsive, and to judge materiality. He thinks
principally we are finding that this bid is responsible because the
purpose of the statute have been met on subcontractor listing. We
don't feel the low bidder can go out and bargain, seek or do bid
shopping for lower subcontractors or any subcontractors that he has
not listed in his bid. The contractor listed those subcontractors
doing 5% of the work as well as those doing 10% of the work.
Finally, we don't feel any defects in reporting or listing in his
bid documents gives that bidder any material advantage over other
bidders. For those reasons, he is recommending accepting the low
bid.
Tom Jorgensen, representing Pacific Mechanical Corporation, stated
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they have an excellent reputation with their subcontractors and are
not bid shoppers. They listed more subcontractors in their bid
document than Pease & Sons. He assured Council it is not their
intention to "beat up" any local subcontractors as mentioned by
Pease & Son. He will be happy to respond to any questions raised
by the City Council members.
Mr. Colvin asked the City Attorney to clarify the statement that
Pacific Mechanical indicated they would perform a certain
percentage of work, but that they did not list themselves on the
subcontractor list. Mr. Sievers stated he believes it referred to
the bid document where the City asked the bidder to list those
organizations or firms employed as subcontractors. But, this
particular contract also required the general contractor, by
signing the contract, to verify and agree that his own organization
would performat least one third of the work itself. It was not in
the formal formwhere he listed the contractors, it was included as
a special condition in the contract, which the general contractor
would be signing. ME. Colvin asked if that meant they did list
themselves? Mr. Sievers stated the contractor is not listed
precisely on the form, but he is guaranteeing, with his bid bond,
that he will sign a contract that verifies that he will perform at
least one third of the work. Mr. Colvin asked if that met the
legal criteria? Mr. Sievers stated in his opinion he believed it
does because you can look at all of the contract documents, even
though a specific or required contract document is not properly
filled out, you can rely on other contract documents if it
materially accomplishes the purpose of the statute. Mr. Colv~n
asked if the low bid was the only requirement for accepting a bid
on this project? Mr. Sievers stated it is not a requirement,
however, you accept the lowest responsible bid. Council could, for
any reason, reject all of the bids and rebid the project.
Mr. Neville stated the purpose of the public bid law, as stated in
Mr. Siever's brief, is to obtain the best price for the public and
to provide a fair forum and opportunity for bidders. He felt the
best price was shown in the original contract with Pacific
Mechanical by the tune of about $150,000. Because of some unclear
format within the bidding documents, he felt the City was some what
at fault and needed to make some corrections to future contracts.
Mr. Sievers stated it is easy by correcting some of the statements
that are signed on that form to clarify ambiguities or at least
cover all the bases so the contractor is definitely affirming who
is doing all the work in as many ways as we can have him express it
when bidsare turned in so there won't be a protest like this. ME.
Neville questioned if he understood correctly that the purpose for
listing the general contractor is to protect the subcontractors
that they employ? Mr. 8ievers stated he believed the City was in
agreement with Pease & Son that the purpose of this statute is to
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provide a fair forum for subcontractors. This statute particularly
addresses protection of subcontractors in the public works bids
process. There have been other requirements that protected women
and minority subcontractors. The City's position is the way the
low bidder's documents were submitted that those subcontractors,
principal or significant subcontractor, definitely are being
protected and the purpose of that statute will not be circumvented.
#2224
Mr. Winters asked the location of the headquarters for Pacific
Mechanical and where did they plan to get their subcontractors?
Mr. Jorgensen stated they are based out of Concord, California and
the subcontractors listed will be from California and Kitsap
County. Mr. Winters asked Mr. Jorgensen if they felt they
fulfilled the bid requirements? Mr. Jorgensen stated yes.
Mr. Colvin asked if the Council could be subpoenaed on this issue?
Mr. Sievers stated yes, if there is a lawsuit.
M/S/C(Montgomery/Law) to authorize and direct the Mayor to execute
the contract with Pacific Mechanical to construct odor control and
dechlorination improvements at the WWTP in the amount of
$5,123,940.
Vote on motion:
In Favor: Neville, Law, Huff-Menees, Montgomery
Dawkins, Colvin, Winters
Abstain: Farr
7D - PAVEMENT MANAGEMENT SYSTEM UPDATE - CONSULTANT CONTRACT
APPROVAL AND BUDGET AMENDMENT, #AB95-112
The Engineering Division is upgrading its Pavement Management
System to meet the needs of the City, and the requirements of the
State and Federal regulations. Last year, the Engineering Division
purchased a new Pavement Management Software, Centerline. At that
time, it was anticipated that City staff would be able to survey
all the streets in the City, and input data into the system.
However, because of other demands on City staff, they have not been
able to perform the work. A contract has been negotiated with
Measurement Research Corporation in the amount of $8,255.00 to
perform the work. A Budget Adjustment allocating $10,000 from the
Parking Fund to this project is recommended.
Randv Witt, City Engineer, asked that a correction be made to the
contract amount showing it as $9,925.00.
Public comment - none.
Mr. Law stated at the time this issue was presented to the Fiscal
and Budget Committee the Engineering Department representative
)
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assured the Committee members that they would receive a copy of the
contract prior to the Council meeting. It concerned him that the
Department failed to provide copies of the contract as promised,
therefore, they have nothing to approval.
M/S/F(Law/Winters) to table this item.
Mr. Witt explained he had the contract with him, however, he did
not know that Mark Sousza had promised to provide copies prior to
the meeting, but it will be available for Council's review. He
emphasized the key element in this issue is approving the Budget
Adjustment, not the actual contract. Mr. Law stated during the
Committee meeting there was some discussion that the contract was
being reviewed by the City Attorney, however, it appeared he had
already signed off on the Agenda Bill, so it did not flow well
together. ME. Witt apologized for some of the interruptions in
both of their discussions to the Committees. However, he is pushing
this through quickly to meet the schedule for preparing the Six
Year Comprehensive Plan.
Mayor Lynn Hotton stated Council is not being asked to approve a
contract because that action can be taken administratively,
however, it did require Council action for budget adjustment
authority.
Mr. Winters noted during the Operations Committee discussions
Councilman Overson had a number of questions about why the funds
were coming out of the Parking Fund. Mayor Hotton stated the City
historically has used the Parking Fund predominately for upgrading
and improving the parking system and that the residual money always
had gone to the Street Department for repair of local street
projects. This fits right in line with the Street Management
Program and that was why she felt it was appropriate to take the
funding from the Parking System. Mr. Winters stated he agreed with
Councilman Law that the item be tabled for further clarification.
Mr. Colvin asked if there would be any impact if this item was
delayed? Mr. Witt explained State law requires that the City have
its Six Year Plan prepared by the end of July. The vendors, who do
this type of work, are very busy and the City has a window of
opportunity. The proposed contract requires the consultants to
start the work on or by June 1. It is possible to complete the job
as described in the time frame identified. If that June 1 date is
missed, it would mean the City could not have the date completed
until August or September. Mr. Colvin asked what would change if
Council delayed approving this item? Mr. Witt stated he would be
uncomfortable coming to Council with a Six Year Plan that does not
have data that provided a fresh look at all the streets. City
Council members and citizens have expressed concern that the City's
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current listing has not been reviewed extensively in quite some
time. He felt it was essential to the Six Year Plan and next
year's Street Program.
Mr. Neville asked Mr. Witt to explain the difference in cost - from
$8,255.00 tO $9,925.00. MaT. Witt explained in order to get this
item on the Council Agenda, a prior estimate of the work from the
vendor was used. Subsequent to that time, an actual estimate was
developed that reflects how many miles of the City's streets are 4-
lanes verses 2-lanes, which resulted in a cost increase. Mr.
Neville asked if the consultants will be actually walking each and
every street to determine their condition? Mr. Witt stated yes.
Mr. Neville asked if this proposal held any contingency for
alleyways? Mr. Witt stated no.
Mr. Fare referenced the need to contract out this item due to
current demands on staff. He asked if Mr. Witt had any kind of
comparison between what it would cost to do in-house? Mr. Witt
stated an earlier evaluation came up with an estimated cost of
slightly over $10,000.
President Huff-Menees noted Mr. Witt stated he would make the
contract available to the Council members and with that
understanding and because this is a request for a Budget
Adjustment, she intended to vote against the motion to table. She
is concerned with the timelessness with respect to the Six Year
Plan, however, she wants to make sure Council does receive a copy
of the contract in either event whether the motion passes or fails.
Mr. Colvin stated be felt Mr. Law, as chairman of the Fiscal and
Budget Committee, was in perfect order to recommend delaying the
issue, but due to other expedient matters he will vote against the
motion to table.
Vote on motion:
Motion failed.
In Favor
Opposed:
Winters, Law
Colvin, Neville, Farr, Montgomery,
Dawkins, Huff-Menees
M/S/C/U(Montgomery/Dawkins) to approve the Budget Adjustment
allocating $10,000 of Parking Fund monies to the project and
authorize and direct the Mayor to sign the consultant contract in
the amount of $8,255.00 to survey and input street condition
information in the Pavement Management System.
7E - PROFESSIONAL SERVICES CONTRACT FOR RETAINED COUNSEL - REBECCA
CRAIG, #AB95-113
The City is involved in a lawsuit involving claimant Dennis C.
Olsen's appeal to the Board of Industrial InsuranceAppeals seeking
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appeal of that certain order dated July 28, 1994, issued under
Docket No. 94-5093. Under administrative authority, the Legal
Department retained Rebecca Craig, after Jim McNamara left the
City, to handle two claims. Ms. Craig believes her fees will
approach $12,000.00 before the Olsen appeal is concluded.
Ian Slavers, City Attorney, stated Ms. Craig has been under
contract for some time on this claim, but following through the
amount of preparation and particularly independent medical
examinations, which are necessaryto uphold the City's position on
this disability claim, it is her estimate the total amount to
finish this appeal will exceed the administrative approval of
$10,000 by approximately $2,000.00, which necessitates City Council
approval.
Public comment - none.
Mr. Law questioned for clarification if part of the expenses will
be covered by the City's insurance company? Mr. Sievers stated no,
the City is self-insured for Workers Compensation, including
defense and appeals.
M/S/C/U(Dawkins/Montgomery) to approve Professional Services
Contract to retain Rebecca Craig.
7F - PROFESSIONAL SERVICES CONTRACT FOR RETAINED COUNSEL - CARNEY,
BADLEY, SMITH & SPELLMAN, #AB95-114
The City is involved in two lawsuits for which it will require
retained counsel:
Bettie j. Stone, et al. v. City of Bremerton, et al., Kitsap County Superior Court
Cause No. 95 2 00308 9; and
Elaine Manheimer, et al. v. Port of Bremerton, et al, Thurston County Superior
Court Cause No. 95 2 00666 1.
These two cases have required answers and other preparation. Both
have similar environmental claims to those raised in the Norseland
citizen suits which were settled in April. The firm of Carney,
Badley, Smith & Spellman has the depth of resources and experience
needed to continue legal representation of the City.
Ian sievers, city Attorney, stated since the contract was submitted
for the Council Agenda, the Carney firm and notified him about one
problem with the contract as submitted. He provided Council
members with a substitute for Page 1 of the contract and proceeded
to explain the problem encountered and why he is recommending the
change. The City set a maximum fee on these two cases because the
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City anticipates getting insurance coverage to pay for the defense
cost very shortly. He noted on the Agenda Bill itself that the
City does have a commitment of up to 36% of the cost and the Risk
Manager provided him with another commitment from Brem-Air Disposal
Inc., reflecting 75% of the cost. The reason for setting $25,000
per case was the City did expect an independent contract with the
insurance company with this firm to totally expect insurance
coverage would hire this firm. These cases are a spin off cases
from the Norseland suit, with the issues the same and the discovery
has been completed on these issues and the legal issues involved in
the claims have also been briefed and motions filed by this firm.
Their problems with setting the limits was the possible appearance
that their firm was making a commitment that they could do the
work, if they were to be retained throughout the balance of the
issue for $25,000. Mr. Siever's agreed with the law firm that was
not the case and they would be under contract with the City for
these cases that will exceed $25,000 for the balance of this year.
Their recommendation for a change by that exclusions is to take out
that limiting figure. Therefore, the firm would be on an hourly
basis ($135.00/Hr. for the two principals) and reviewed with the
monthly billing process. The other way to go is to try and have
them work up an estimate if they were to project full involvement
with the City through the end of the year and give a budget amount
in each case. But, because of the two commitments for coverage by
insurance, he doubted the City would be under contract for very
long with this firm.
#Tape #1290
Public comment - none.
#0010
M/S/C/U(Montgomery/Neville) to approve Professional Services
Contract to retain Carney, Badley, Smith & Spellman.
8A - RESOLUTION NO. 2515 - AUTHORIZATION OF EMERGENCY REPAIRS -
STORMRUNOFF DAMAGE TO SEWER LINE EASEMENT, #AB95-115
Storm waterrunoff from the rainfall event of April 29, 1995 eroded
the slope within the utility easement between 2039 and 2313Wheaton
Way. The erosion exposed the City's sewer and combined sewer
overflow lines placing them at risk of failure. Four contractors
were contacted to provide proposals for the repair. Two
contractors declined to make offers on the repair. Pape & Sons and
Stan Palmer Construction both provided proposals for making the
repair. Based on time and materials, both proposals resulted in an
approximate cost of $44,000.
The method proposed by Stan Palmer Construction would result in a
better repair and more flexibility during construction, in the
City's opinion. Additional slope reconstruction along the beach
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was necessary to protect exposed utility lines. It is anticipated
that the final cost will be $65,000, including tax. The total cost
to perform this work, including construction, professional
services, and staff time, is $71,850. A resolution is necessaryto
facilitate payment for this emergency repair.
Public comment - none.
M/S/C/U(Farr/Montgomery) to pass Resolution No. 2515, authorizing
Purchase Order No. 515125 with Stan Palmer Construction for
emergency slope repairs and to authorize the Mayor to execute the
same subject to City Administrative Policies and Procedures.
9A - HUMAN RESOURCES 2PECIALIST, HUMAN RESOURCES AS2ISTANT, AND
CIVIL 2ERVICE CLASSIFICATION 2PECIFICATIONS~ AND ORDINANCE (FIRST
READING) PROVIDING SALARY AIqD OTHER BENEFITS FOR HUMAN RESOURCE8
ASSISTANT; AND AMENDING THE BUI~ET, #AB95-080
With the merger of the Civil Service and Human Resources
Department, a restructuring of the Civil Service Officer
Classification and a new salary level is appropriate. Since this
position is covered by the Civil Service rules, the restructuring
was subject to the appeal procedure. The appeal period closed
December 12, 1994, with no appeal filed.
The classifications of Human Resources Specialist and Human
Resources Assistant will replace the Benefits Specialist and the
Office Assistant II, respectively. These changes are necessarydue
to the expanding and proactive role of the Human Resources
Department. The new classifications will give us the ability to
utilize the employees in an expanded role in all aspects of Human
Resources (formerly Personnel and Civil Service). These
classifications also recognize the confidential nature of these
duties in the area of employee-employer relations.
Jim Meith, Human Resources Manager, explained that a salary survey
was conducted for the Human Resources Specialist and Civil Service
Officer, using comparable jurisdictions and found these positions
do compare and then arrived at the proposed salaries. The Human
Resources Specialist and the Civil Service Officer are slightly
lower than their counter parts in other jurisdictions, but
consistent with salary levels within the City. One other
jurisdiction, City of Yakima, was found to have something similar
to the City's Civil Service Officer position, however, they have
two Civil Service Commissions, one for uniformed employees and one
for non-uniformed personnel. In that City, the Civil Service
Officer equivalent (Civil Service Examiner Secretary) is paid
slightly less than the Human Resources Analyst. All the other
jurisdictions as well as Yakima, are handled as part of the Human
Resources and/or Personnel Department...there is no separate Civil
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Service Officer or Civil Service Department. An internal review
was made comparing the two positions with other positions
identified in the Management Salary Band, that being the Budget
Specialist position and Municipal Services Coordinator.
Mr. Meith intents to make the Human Resources Department a much
more user friendly organization, i.e. management and employees at
all levels. He believes he has been successful in providing that
service since Personnel and Civil Service have been merged. The
Human Resources Department has undertaken many projects that will
explained the use of that department throughout the City, joint
labor management committee, wellness programs, etc. Lastly, he
provided a comparison of proposed staffing that would put his
department at a level of 3.5 positions.
Public comment - none.
Mr. Neville applauded Mr. Meith's efforts in the Human Resources
Department for all City of Bremerton employees. He does have
concern over some budgetary matters and asked if Mr. Meith planned
to decrease "Supplies And Services" by $5,000 in the Civil Service
budget? Mr. Meith stated yes, due to the fact there is a cost
savings in the area of "supplies and services" now that the two
offices are combined into one. As time went on, he felt the
savings in cost of supplies could be better spent toward the salary
of a Civil Service Officer. Mr. Neville referenced the increased
revenue projection received from the "Application Fee" and the cost
of testing fee. At the time those fees were before Council for
approval, it was stated they were needed to offset the cost of
testing and would not be used for personnel, however, now it seems
that are to be used towards personnel costs. He asked Mr. Meith
how he was planning to offset the cost of testing? Mr. Meith
explained there are two parts to the fees -Application Processing
Fee - to cover the administrative overhead for screening the
applications and setting up the oral interviews, etc.; the other
part of the fee is to offset the cost to the City for the actual
tests. The $15.00Application fee will go back to the General Fund
and would go toward personnel costs. Mr. Nevillequestioned if Mr.
Meith felt confident that he would remain on budget for the
remainder of the year, if Council approves the proposal as
presented, and how much of an increase will his department's 1996
budget be over the 1995 budget? Mr. Meith stated funding for 1996
will be primarily in the cost for a full year for the Civil Service
Officer, which at $14,892 this year is the most significant
increase.· He gave a rough estimate of a $6-9,000 increase in his
1996 budget over his 1995 budget.
Mr. Law pointed out currently the Civil Service Officer position is
vacant and noted Council's intent was that it would be filled. Mr.
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Meith explained the original intent was to have a 10-hour per month
contract Civil Service Officer position. After further study of
such a proposal, it was determined that 10-hours per month was not
sufficient time to carry out the responsibilities and from both the
Civil Service Rules standpoint and the City's Charter, the City
could not contract out the Civil Service Officer position.
Following that conclusion, he went back and looked at how a -
half time Civil Service Officer position would work out. Mr. Law
stated he recalled Mr. Meith's proposal for a half-time Civil
Service Officer was accepted by the Council several months ago. Me
asked the status of hiring a Civil Service Officer? Mr. Meith
stated Council must give its approval on the subject item before he
could pursue hiring a Civil Service Officer. Mr. Law referenced
the Management And Professional Staff Salary Plan and noted the
salary for the Human Resources Specialist is identified as $33,181
for the next nine months, which amount to $3,687 per month, which
is higher than the #13 Salary Band. He questioned how Mr. Meith
arrived at that amount? Mr. Metth stated one of the things that
happened between the time the item went before Council committees
and placed on the Agenda, Council approved a 4.3% increase for all
Management and Professional staff. Appendix A reflects that 4.3%
increase. For a more accurate comparison, because of what happened
in the interim, one could basically multiply the projections on the
staffing proposal identified by Mr. Law by that 4.3%, which will be
handled by a budget adjustment bringing funds from the Budget
Reserve Account into the various departments. Mr. Law asked for
clarification which "Rate" within Band #13 will that position be
tied to? Mr. Metth stated the person to be appointed to that
position will come in at Rate #1. In the comparisons given, he
used the top rate because different cities have different numbers
of rates and different numbers in their spread. It is easier for
the sake of comparison to use the top rates because that is where
every City's position tops out, however, that is not where this
position will be placed. Mr. Law stated the feeling he gets from
people was that you should not have a problem getting a Civil
Service Office because of the potential talent in the local area.
He is concerned that next year we'll see an increase in the budget
because of what you have by the structure shown is three managers
and one support person - Mr. Meith, Human Resources Specialist and
half-time Civil Service Officer and one person that won't have an
office and will be responsible to meet people coming into the Human
Resources Department. He questioned how Mr. Meith would handle the
logistics of covering the front desk when that person must take
needed lunch hours and breaks? Mr. Meith emphasized what was being
discussed.was the Management and Professional Staff Salary Plan,
which is commonly referred to as manager groups, but the proper
definition and by ordinance is Management and Professional staff.
He assured Mr. Law that all members within the Muman Resources
Department will share responsibilities and cover telephones and the
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reception area when needed. He emphasized there was nothing too
small or too large for any of them to undertake to get the job
done.
President Huff-Menees noted Mr. Meith has shown with the
comparisons of other cities of similar size we are already
understaffed and members within his department must share in the
responsibilities.
M/S/C/U(Montgomery/Colvin) to approve the classification
specifications for Human Resources Specialist, Human Resources
Assistant, and Civil Service Officer.
M/S/C/U(Montgomery/Dawkins approve Budget Adjustment #95-6.
M/S/C/U(Montgomery/Farr) approve ordinance, on first reading,
providing salary and other benefits of the position of Human
Resources Assistant and amending Ordinance No. 4356.
With no further business meeting adjourned at 7:40 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
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