103 OCEAN SHORES CITY COUNCIL MINUTES OF MEETING July 6, 1971 The regular meeting of the Ocean Shores City Council was called to order by Mayor J. K. Lewis, at 7:30 p.m., July 6, 1971 at the Ocean Shores Inn. Mayor Lewis asked to let the minutes show that Councilman Carter was not present at this meeting, due to out-of-town business. Councilmen present were Messrs. Lewis, Marks, Rasmussen and Ward. Also present Were City Manager Roderic A. Gardner, City Attorney John O'Rourke and City Clerk Helga Romero. Councilman Marks then meeting as published. so ordered. made a motion to accept the minutes of the June 21, 1971 Councilman Rasmussen seconded the motion. Carried and Bids City Manager Roderic Gardner reported that three bids were received for "striping of the City streets" as follows; one from Fred Root, one from Interstate Asphalt, and one from Pacific Striping. The low bidder was Pacific Striping with a bid of $4,807.00 and Mr. Gardner recommended the low bid be accepted and the Mayor be authorized to execute the contract. The work will take care of 22 miles of Skip Striping, 11 miles of Edge Striping, 800 lin. feet of Crosswalk marking, 500 lin. feet of Stop Bars and 100 each Standard Arrows. Councilman Marks asked what the difference was between the two lowest bids and what the completion time was. Mr. Gardner replied that there was a difference of $378.60 between Interstate Asphalt's bid and Pacific Striping and that time-wise, work was to be completed within thirty working days and if inclement weather prevented work to proceed, such completion period would be extended accordingly; subject to a penalty of fifty dollars per day past that time. Councilman Marks made a motion to accept the bid presented by Pacific Striping. Councilman Rasmussen seconded the motion. Carried and so ordered. City Manager Gardner reported that a bid had come in from Ocean Shores Estates, with a list of some fifty-odd items, that we are currently utilizing in City Hall that we have not purchased. It is a lump sum bid of $850.00 plus tax. City Manager R. Gardner read the various items of office furniture and equipment to the Council. Mayor Lewis suggested that Council might want to review this and carry it over to the next meeting, since this is our first knowledge of this. Suggestion was agreeab Ie with the other members of Council. City Manager Gardner further reported that the other item was a Wheelhouse tractor with attachments. It had originally been listed at a price of $738.00 and the Ocean Shores Development Company was offering it to us for $488.00. This is the one we are using at the present time to mow the medians and etc. Mayor Lewis reported that this "as discussed at the Study Session, but since only Councilman Rasmussen and himself were present for that meeting, I feel that We
104 should also hold this over until our next meeting for further review by the other members. Council agreed. Hearings, Petitions, Communications, Applications, etc. Mayor Lewis stated that he had received a letter from the Ocean Shores Development Corporation regarding the Comprehensive Plan which he would like to read so it can go On record. Mayor Lewis read letter attached to minutes as "Exhibit A". Mayor Lewis stated that this letter was merely read for the record and to inform the People. We are sure we will hear more of it, especially from the Corporation at the public hearing on the Comprehensive Plan when it comes before the City Council and the Council will be holding public hearings on this. He felt that the people should be as well-informed as possible on both sides of the question and should make an effort to fully inform themselves so they can be heard when these opportunities arrive. Councilman Rasmussen heartily agreed. Mayor Lewis asked Mrs. Carlston, Chairman of the Ocean Shores Planning Commission, if she would like to say something with regard to the second public hearing on the Comprehensive Plan tomorrow night. Margaret Carlston announced that the second public hearing on the Comprehensive Plan would be held at the Ocean Shores Inn at 7:,30 p.m., Wednesday, July 7, 1971 and that new copies of the amendments and the changes to the map and the new map are now at the City Hall and available to anyone who wished to have it. The issues at the meeting will be only the amendments to the text and the correction to the map. Mayor Lewis stated that this is a serious concern to all of us and everyone should give it a lot of thought. Any guidance the Council can get would be appreciated. We'll have to give some consideration to absentee owners and people who made investments here. It will not be an easy thing to resolve, and we will have to face it as we come to it, and see what happens. Reports of Committees and Officers In reference to the sewer project, Councilman Marks asked City Manager Roderic Gardner for a report. Mr. Gardner stated that the bid openings will be held Wednesday (July 7, 1971) at Seven in the morning and plans at ten. That sixtyfive copies of the plans had gone out and about thirty-three of those were qualified bidders. All concern were well pleased with the response. He further stated that Garth Anderson is now head of the Dept. of Public Works in Vancouver and that Bob Randle has replaced Mr. Anderson as Special Services Engineer for Arvid Grant. Mr. Gardner went on to say that he, Mr. John O'Rourke, Ed Brown from the Grays Harbor County offices and Bob Randle met with Bob Yeasting and the two bond counsels and discussed final revisions in the proposed agreement between the City and the County for the operational takeover of the sewer; which should be ready by next work session. City Manager Rod Gardner reported further that he started negotiations with Ocean Shores Development Corporation with regard to acquisition of land for tile City hall.
10;; Unfinished Business City Manager Roderic Gardner states that he received the final billing from Interstate Asphalt for their contract. The billing was accepted as correct by Mr. Higgins, the engineering consultant. The total price was $178,334.72, including a force account of $1,207.06. That is only $1,675.00 above the engineer's original estimate, the base bid. Mayor Lewis stated that if he understands correctly, the City will get this money from the bank and pay it and reimburse the bank from the Bond Sale. Mr. Gardner answered in the affirmative. Mayor Lewis asked City Manager Rod Gardner whether or not Mr. Higgins had accepted the work as satisfactory. Mr. Gardner again answered in the affirmative and advised the Council that at this time, the City is paying 90% of the total billing and retaining 10% of the money. Mayor Lewis asked City Attorney John O'Rourke what procedure the City would have to take regarding payment. Mr. O'Rourke stated that there should be a resolution reciting that your City Engineer has approved and recommends acceptance of the contract work by the City and authorizing the Manager to disburse on the final estimate less only the retaining fund for the statutory holding period. Mayor Lewis asked City Attorney whether or not he had prepared such a resolution upon which Mr. O'Rourke replied in the negative, but stated that this could be authorized verbally with the actual execution of the Resolution at a later date. City Attorney John O'Rourke further stated that if the Mayor could defer this for a few minutes, a resolution of this type could be drafted to be read into the records. The request of Mr. O'Rourke was accepted by all members of the Counci 1. Mr. Gardner informed Council that he had a memo it well to read it to the Council at this time. Mr. Higgins which is attached to the minutes as from Mr. Higgins and thought Mr. Gardner read memo from "Exhibit B". Mayor Lewis stated that it is the Council's opinion that this is rather important because on some of the newly-resurfaced streets, we have a four to five-inch rise, and since there are no warning signs anywhere, the City leaves itself open for liable suits. The City will have to do the job anyway, so we might as well do it right now. City Manager Rod Gardner informed Council that City Attorney has prepared a Resolution to the effect which will be presented to the Council for consideration later on the agenda. Councilman Robert Ward inquired as to the cost of the project. Mr. Gardner stated that the City had approximately $13,000.00 within the contingency account of the original contract. I, Mr. Gardner continued, will do the most important areas first under Resolution No. 14, which allows me to enter into an agreement with either Tommer Construction Co., Ocean Shores Development Corporation, or a new enterprise just starting in the City of Ocean Shores. Mayor Lewis inquired whether or not the whole job could be done for the $16,000.00 mentioned by the City Manager, which supposedly is left over in the Street Fund. Mr. Gardner stated that he could give no guarantee unless we go out and
log make a field study to determine how much material is really needed in each specific area. I suggest, however, that we write a general work order for this type of project and put a man on the job to do it on the unit basis on which the contracts we have negotiated with called for, so much for equipment, and so much for gravel deposited. Mayor Lewis then inquired whether he was correct to understand that the City Manager would give $500.00 to let's say, Tommer Construction Company next week, and start the job then. Mr. Gardner stated that it could be anything under the amount of $5,000.00 and he could give the contract to either of the three companies previous ly mentioned. This would a ll be locally done. Mayor Lewis stated that Council had adopted Ordinance No. 43, which had to do with establishing of benefits, working conditions, paid holidays, fringe benefits, etc., for City employees and we adopted this ordinance at the time, subject to correction. The corrections have not all been made as yet and I think that the Ordinance will probably come up for adoption at our next Council meeting. New Business - NONE Resolutions, Ordinances, Orders, Rules and Regulations Mayor Lewis pointed out that he believes City Attorney John O'Rourke has the drafted Resolution ready to be read. Mr. O'Rourke read Resolution No. 18, a Resolution whereas performance under City of Ocean Shores Contract No. PW-1971-l has been completed by Interstate Asphalt C., Inc. and authorizing payment on final estimate. Councilman Rasmussen moved to adopt Resolution No. 18. Councilman Marks seconded the motion, carried and so ordered. Mayor Lewis continued to state that he has before him Resolution No. 19. A Resolution declaring an emergency with regard to completion of certain roadway improvements and authorizing the Manager to negotiate certain agreements, and asked City Attorney John O'Rourke to explain the Resolution in more detail to the Council. Mr. O'Rourke stated that the public contracts act requires that all jobs having a value in excess of $5,000.00, resulting from a bid call publication and award of contract pursuant to the statutes; there is an exception that applies in the case of an emergency, and if the Council finds that there is an emergency because of the factors that the Engineer enumerated in his letter, plus the potential liability, and plus the non-conformance of State Standards, the bidding procedures can be dispensed with. The Manager can negotiate directly with potential contractors without the publication requirements of the bid call. The final award will have to be pub lished once as I recall the act, but it eliminated essentially a 5-week delay period while bids are secured. However, you, the Council, will have to find that there exists an emergency in order for this to happen. Mayor Lewis stated that Council finds such an emergency exists and moves to adopt Resolution No. 19. Councilman Rasmussen seconded the motion, carried and so ordered.
107 Mayor Lewis stated that we have covered the striping of City streets and was wondering whether or not a Resolution was needed. Mr. Gardner stated that a resolution was not necessary since Council authorized the Mayor to execute the contract. Mayor Lewis asked if anything further had to come before the Council. Nothing further coming before the Council, the meeting was adjourned at 9:00 p.m. and opened for general discussion. Respectfully submitted, Helga Romero, City Clerk