03 26 2019 Agenda PacketYELM CITY COUNCIL
TUESDAY, MARCH 26, 2019 MINUTES
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor Foster called the meeting to order at 6:00 p.m.
Roll Call Present: Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood, Joe
DePinto and Terry Kaminski.
19-021 MOTION BY TRACEY WOOD TO EXCUSE EJ CURRY FROM THE MEETING.
SECONDED BY CODY COLT. 6-0, MOTION CARRIED.
2. Agenda Approval
19-022 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED.
SECONDED BY TAD STILLWELL. 6-0, MOTION CARRIED.
3. Special Presentations — none scheduled
4. Public Comment
Connie Smallwood from the Yelm Historical Society thanked the Mayor and
Council for their support and updated them on some maintenance needed at the
Museum.
5. Consent Agenda
a. March 5, 2019 Study Session Minutes & March 12, 2019 Regular Meeting Minutes.
19-023 MOTION BY MOLLY CARMODY TO APPROVE THE CONSENT AGENDA AS
PRESENTED. SECONDED BY TRACEY WOOD. 6-0, MOTION CARRIED.
6. New Business
a. Construction contract with W.S. Contractors for the City Park Play Area & Splash
Pad installation
19-024 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE A
CONSTRUCTION CONTRACT WITH W.S. CONTRACTORS LLC IN THE NOT
TO EXCEED AMOUNT OF $443,000.00 FOR THE CITY PARK PLAY AREA &
SPLASH PAD INSTALLATION PROJECT. SECONDED BY TAD STILLWELL. 5-
1 (CM DEPINTO), MOTION CARRIED.
b. Professional Services Agreement for the completion of the Phase 2 Engineering
Study for improvements to Cochrane Park.
19-025 MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN
THE PROFESSIONAL SERVICES AGREEMENT WITH SKILLINGS CONNOLLY,
INC. IN THE NOT TO EXCEED AMOUNT OF $143,532.00 FOR COMPLETION
OF THE PHASE 2 ENGINEERING STUDY FOR IMPROVEMENTS TO
COCHRANE PARK. SECONDED BY CODY COLT. 6-0, MOTION CARRIED.
c. Resolution No. 598A or Resolution No. 598B, Uses for Former City Hall.
19-026 MOTION BY JOE DEPINTO ADOPTING RESOLUTION NO. 598A AND
AUTHORIZING MAYOR FOSTER TO ENTER INTO LEASE AGREEMENTS,
MEMORANDUMS OR UNDERSTANDING, COST-SHARING AGREEMENTS TO
UTILIZE THE FORMER CITY HALL. SECONDED BY MOLLY CARMODY. 4-3
(YES- CM MOLLY CARMODY, CM CODY COLT, CM JOE DEPINTO, MAYOR JW
3-26-19
FOSTER), (NO -TAD STILLWELL, TRACEY WOOD, TERRY KAMINSKI),
MOTION CARRIED.
Old Business - none scheduled
B.
UPDATES -
City Administrator Michael Grayum -
• Sidewalk project on 100th Way looks great and is moving along.
• AWC Webinars for Elected Officials Responsibilities have been archived and
are available to watch at your leisure.
• Downtown Corridor Plan and the Community Emergency Response Plans
will be coming to Council soon.
Councilmember Carmody attended the Nisqually River Council meeting.
Councilmember Colt thanked Mayor Foster for attending the Thurston County
Emergency Services meeting for him and reminded everyone that next week is
Spring Break for our area so watch out for extra kids out and about.
Councilmember Stillwell attended the Yelm Public Safety Committee meeting.
Councilmember Wood attended the Transportation Policy Board meeting and his
5 -year anniversary of owning Mr. Doug's Restaurant.
Councllmember DePinto attended the Yelm Finance Committee meeting and
the Yelm Public Safety Committee meeting. Councilmember DePinto has been
approached by local business owners regarding the Sales Tax Increase.
Councilmember Kaminski attended the Thurston Thrives meeting and the Public
Hearing at the Planning Commission meeting on the Downtown Corridor Plan.
Mayor Foster attended the Thurston County Emergency Services meeting in
Councilmember Colt's absence. Mayor Foster spoke at the March 19th League of
Women's Voters meeting at the Community Center and on March 230 attended a
Town Hall meeting with State Legislators Andrew Barkis and J.T. Wilcox and
Senator Rand! Becker which was well attended. Mayor Foster strongly suggested
everyone join the Yelm Community Schools Safety Series. Mayor Foster attended
the AWC Lobby Day in Olympia, change of command of the Deputy General
Commander at JBLM and the Lackamas Valley Neighborhood Watch Group
meeting. Mayor Foster will be attending the RMSA Board meeting tomorrow in
Seatac.
Executive Session - none scheduled
19-027 MOTION BY CODY COLT TO ADJOURN. SECONDED BY MOLLY CARMODY.
6-0, MOTION CARRIED.
100.1. Adjourned, at 1f177: 11 p.m.
`---) 1/ �""•' �' Attest: 9,-A"
JW Foster, Mayor Lori Lucas, City Clerk
These minutes record the official actions of the Yelm City Council. Complete recordings are
available on the city website at www.yelmwa.gov.
3-26-19
CITY OF YELM
Washington
CITY COUNCIL AGENDA
3/26/2019
1. CALL TO ORDER/ROLL CALL
2. AGENDA APPROVAL
3. SPECIAL PRESENTATIONS
a) None Scheduled
4. PUBLIC COMMENT
*Complete a blue speakers card
5. CONSENT AGENDA
a) March 5, 2019 Study Session Minutes & March 12, 2019 Council Meeting Minutes
6. NEW BUSINESS
a) Authorize Mayor J.W. Foster to award the project to and sign a construction contract with W.S. Contractors,
LLC in the not to exceed amount of $443,000.00 for the City Park Play Area & Splash Pad Installation
project.
Construction contract with W.S. Contractors for the City Park Play Area & Splash Pad Installation project.
b) Authorize Mayor J.W. Foster to sign a Professional Services Agreement with Skillings Connolly, Inc. in the
not to exceed amount of $ 143,532.00 for completion of the Phase 2 Engineering Study for improvements
to Cochrane Park.
Professional Services Agreement for completion of the Ph 2 Engineering Study for improvements to
Cochrane Park
c) Resolution No. 598A and Resolution No. 59813, Uses for Former City Hall
Adopt Resolution No. 598A or 598B authorizing Mayor Foster to enter into lease agreements,
memorandums of understanding, cost-sharing agreements to utilize the Former City Hall.
7. OLD BUSINESS
a) None Scheduled
S. UPDATES
a) Departments — Michael Grayum, City Administrator
b) Councilmembers
c) Mayor JW Foster
9. EXECUTIVE SESSION
a) None Scheduled
106 2nd ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov
The City of Yelm is an equal opportunity employer and provider
10. ADJOURN
Page 2 of 3
MEETING INFORMATION
All regular Yelm City Council meetings are recorded. Meetings may be viewed at www.yelmwa.F-fov or a copy
may be purchased by contacting the City Clerk's office at 360.458.8402.
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you require
reasonable accommodations to participate at a City Council meeting, please contact the City Clerk's office at
360.458.8402 at least four (4) working days prior to meeting. Information on the Americans with Disabilities
Act and the Title VI Statement is available at www.yelmwa.gov/human-resources.
*The public comment portion of the agenda is an opportunity for the public to address the Council for items
that are not on the published agenda. Comments are limited to three minutes and five speakers. Comment
on matters listed on the published agenda are welcomed as part of the normal agenda.
COMMITTEE AND LIAISON ASSIGNMENTS
Mayor JW Foster
Yelm Emergency Operations Board
Vice -Chair of Thurston Regional Planning Council
Board of Director for Risk Management Service Agency
Member of Community Investment Partnership
Board member South Sound Military and Community
Partnership
Councilmember FJ Curry
Yelm Public Safety Committee
Yelm Finance Committee
Member of Solid Waste Advisory Committee
Liaison to Yelm Senior Center
Liaison to South East Thurston Fire Authority
Councilmember Molly Carmody
Yelm Planning & Economic Development Committee
Yelm Finance Committee
Board of Director for Intercity Transit Authority
Liaison to Nisqually River Council
Councilmember Cody Colt
Yelm Planning & Economic Development Committee
Yelm General Government Committee
Yelm Public Works Committee
Member of Thurston County Emergency Services
Councilmember Tad Stillwell
Yelm Public Safety Committee
Yelm General Government Committee
Board of Directors of Economic Development Council
Yelm Emergency Operations Board
Member of Law and Justice Council
Councilmember Tracey Wood
Yelm General Government Committee
Yelm Public Works Committee
Member of Transportation Policy Board
Administrative Board of Director for TCOMM 911
Councilmember Joe DePinto
Yelm Finance Committee
Yelm Public Safety Committee
Member of South Thurston Economic Development
Initiative
Councilmember Terry Kaminski
Yelm Planning & Economic Development Committee
Yelm Public Works Committee
Member of Thurston Thrives
Page 3 of 3
YELM CITY COUNCIL STUDY SESSION
TUESDAY, MARCH 5, 2019 6:00 P.M.
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor Foster called the meeting to order at 6:00 p.m.
2. Present: Councilmembers: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey Wood,
Terry Kaminski and Joe DePinto.
Staff present: City Administrator Michael Grayum, Community Development Director Grant
Beck, Finance Director Joe Wolfe, Police Chief Todd Stancil, Public Works Director Chad
Bedlington, and HR Specialist Karen Bennett.
3. a. Presentation by the FFA AG Students was added
Two FFA AG teams gave Pro and Con presentations during the study session for practice on
their State presentations.
3. b. Integrated Emergency Management Course (IEMC)
Todd Stancil gave an overview on the IEMC held with Thurston County public officials and
emergency personnel. City of Yelm was represented by Todd Stancil, Grant Beck, Joe Wolfe,
Tad Stillwell, and Chad Bedlington. This course was instrumental in building awareness and
skills needed to develop and implement policies, plans, and procedures to protect life and
property by applying sound emergency management principles.
3. c. Presentation prepared for Council Retreat re: Comp Plan
Grant Beck and Joe Wolfe gave a presentation on the Comprehensive Plan and how it's
designed to incorporate and coordinate with other Yelm planning documents into a coordinated
whole. The presentation demonstrated how all these documents, i.e. Yelm Comprehensive
Plan, Yelm Transportation Plan, Yelm Water System Plan, Yelm General Sewer Plan, and Yelm
Parks Plan all work together.
3. d. Arts Commission
Cody Colt reported that Steve Craig will be the lead for the Arts Commission and a
presentation will be coming to City Council soon.
3. e. General Government Committee update on Old City Hall building options, next
steps and discussion
Cody Colt and Tracey Wood presented a power point presentation on the proposed partners
being considered for the old City Hall building. A floor plan was displayed showing the areas
that would be taken by the Yelm Boys & Girls Club, Yelm Veterans Service Center and Yelm
Center for Business & Innovation, a collaboration with the Thurston County Economic
Development Council, Thurston County Chamber, and Yelm Chamber.
4. Mayors Report
Gave a shout out to IEMC and the Thurston County team on the amazing training activities
that are building inter -dependent awareness, leadership, and communication skills needed to
develop, refine, and implement policies, plans, procedures, and mutual aid agreements in a
"whole -community" Emergency Operation Center environment.
5. Council Initiatives
Councilmember Colt shared that he will be moving forward with organizing meetings with
the Tribe on shared interests. The Sports Complex organization has been reaching out to
other communities.
Adjourn 8:33 p.m.
Attest:
JW Foster, Mayor
Karen T Bennett, HR Specialist
These minutes record the official actions of the Yelm City Council. Complete recordings are
available on the city website at www.yelmwa.gov.
YELM CITY COUNCIL
TUESDAY, MARCH 12, 2019 MINUTES
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor Foster called the meeting to order at 6:00 p.m.
Roll Call Present: EJ Curry, Molly Carmody, Cody Colt, Tad Stillwell, Tracey
Wood, Joe DePinto and Terry Kaminski.
2. Agenda Approval
19-016 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED.
SECONDED BY TAD STILLWELL. 7-0, MOTION CARRIED.
3. Special Presentations
Student of the Month - Yitzi Guadalupe Apantipan Cirilo
2018 Officer of the Year - Chris Davis
2018 Reserve Officer of the Year - Joe Rivera
4. Public Comment
Scott Bannister followed up with Council on 2nd Amendment issues and provided
information to the Clerk for the Council.
5. Consent Agenda
a. February 5, 2019 Study Session Minutes & February 12, 2019 Regular Meeting
Minutes.
19-017 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS
PRESENTED. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED.
6. New Business
a. Nisqually Jail Service Agreement
19-018 MOTION BY JOE DEPINTO AUTHORIZING MAYOR FOSTER TO SIGN THE
NISQUALLY JAIL SERVICE AGREEMENT EFFECTIVE MARCH 12, 2019 -
DECEMBER 31, 2023. SECONDED BY MOLLY CARMODY. 7-0, MOTION
CARRIED.
b. Professional Services Agreement - Kennedy/Jenks Consulting
19-019 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE
PROFESSIONAL SERVICES AGREEMENT WITH KENNEDY/JENKS FOR
COMPLETION OF A WATER RIGHTS IMPAIRMENT AND ANTI -
DEGRADATION ANALYSIS. SECONDED BY EJ CURRY. 6-1 (CM DEPINTO),
MOTION CARRIED.
7. Old Business - none scheduled
8. UPDATES -
City Administrator Michael Grayum -
The Nisqually Watershed Planning Unit is complete.
3-12-19
• Court has signed a contract with NCourt so that they can take credit and
debit payments for fines.
• Toastmasters need 20 members to charter a new group. This group would
meet during the lunch hour every week. Everyone is invited to attend.
• State Audit is complete and Council will be receiving information on it very
soon.
• Bias Software is still being implemented and we are making internal
improvements to our processes.
• Broke ground on the Fort Stevens Sidewalk Project. This project should be
finished by May 1.
• City staff is doing sidewalk ratings to prioritize where the next sidewalk
repairs will be done.
• Chat with the Chief is tomorrow at 1:00 at Mr. Doug's Restaurant.
• Splash Pad Bid Awards will be coming before Council on March 26, 2018
along with a Professional Services Agreement for Cochrane Park and two
different Resolutions for future use of the old City Hall building.
Councilmember Curry attended the Dollars for Scholars Auction, the Yelm
Community School Music Program and the South East Thurston Fire Authority
meeting.
Councilmember Carmody attended the Intercity Transit Authority meeting.
Councilmember Colt attended the General Government Committee meeting and
Dollars for Scholars Auction.
Councilmember Stillwell attended the General Government Committee meeting
and four days in Ocean Shores at the Integrated Emergency Management Courses
training.
Councilmember Wood attended the General Government Committee meeting.
Councilmember DePinto has been having discussions with the Boys and Girls
Club and the YMCA and met with some of the downtown business owners
regarding parking and the Downtown Corridor Plan. Councilmember DePinto also
did a ride along with Officer Atkins.
Councilmember Kaminski attended Yelm Chamber Luncheon today and stated
she was once in Toastmasters and it is life changing.
Mayor Foster thanked Councilmembers for their continued dedication to their
Committees and Liaison Assignments. Mayor Foster attended the Integrated
Emergency Management Course in Ocean Shores and thanked Councilmember
Stillwell and city staff for attending. Mayor Foster also attended the Thurston
Regional Planning Council meeting, Dollars for Scholars Auction, a play at the High
School, was a guest speaker at Ridgeline Middle School Government class and the
Yelm Chamber Luncheon. All Councilmembers should have received an email with
log -in information so they can attend free webinars for Elected Officials. The Exit
interview with the State Auditor's Office recently took place and the report will be
available soon. The next Study Session will be held at the New City Hall building
located at 106 Second Street in the Council Chambers.
9. Executive Session - none scheduled
3-12-19
19-020 MOTION BY CODY COLD TO ADJOURN. SECONDED BY TRACEY WOOD.
7-0, MOTION CARRIED.
10. Adjourned at 7:05 p.m.
Attest:
JW Foster, Mayor
Lori Lucas, City Clerk
These minutes record the official actions of the Yelm City Council. Complete recordings are
available on the city website at www.yelmwa.gov.
3-12-19
rsT.1424
WASHINGTON
"Proudly Serving Our Community"
To: Mayor J.W. Foster
Yelm City Council
From: Patrick T. Hughes, P.E., Public Works Projects/Programs Manager
Chad Bedlington, Public Works Director
Date: March 15, 2019 (for March 26, 2019 City Council Meeting)
Subj: City Park Play Area & Splash Pad Installation - Request for Authorization to
Award Bid and to Enter into Construction Contract with W.S. Contractors, LLC
Attachments: Bid Form
Determination of Single Bid Acceptance (Thurston County)
Public Works Contract
Recommendation
Authorize Mayor J.W. Foster to award the project to and sign a construction contract with W.S.
Contractors, LLC in the not to exceed amount of $443,000.00 for the City Park Play Area & Splash
Pad Installation project. This amount includes all Washington State sales tax and all other
government taxes, assessments and charges as required by law, but excludes Bid Alternatives
B1 & B2 as listed on the attached Bid Form.
Background
The City Park Play Area & Splash Pad project is located within the Yelm City Park adjacent to the
Yelm Community Center. The splash pad portion of the project is being partially funded via a
Federal grant through the Community Development Block Grant (CDBG) program, and the play
area equipment is being funded via a State grant through the Washington Department of
Commerce.
Current Situation
The City Park Play Area & Splash Pad Installation project was advertised for construction on
February 151h and 22nd, 2019 and bids were received and opened on March 5, 2019. One (1) bid
was received from W.S. Contractors, LLC for a base bid (Schedule A) amount of $443,000.00.
This amount of this base bid includes all site and concrete work and materials in and surrounding
the proposed play area and splash pad, and for the installation of all splash pad piping and
equipment. It does not include procurement or installation of the equipment or finished surface
materials for the Play Area, nor procurement of the Splash Pad Equipment, which are being
Staff Report — City Park Play Area & Splash Pad Installation
March 26, 2019 Pagel of 2
purchased separately by the City. This base bid was within the acceptable limits based on
industry expectations for a project of this unique scope and size.
Schedule B, bid alternatives B1 & B2, as listed on the attached Bid Form (topsoil & sod, and a 3 -
rail wood fence) were not selected for award as part of this contract.
The Thurston County Department of Health, the CDBG grantee, has reviewed and accepted the
City of Yelm's procurement process and has determined that the City may award a contract to
the single responsive and responsible bidder.
Staff Report — City Park Play Area & Splash Pad Installation
March 26, 2019 Page 2 of 2
ATTACHMENT A
BID FORM
Yelm City Park Play Area & Splash Pad Installation
C'BDG Contract # 1617-CDBG-BGPF-YELM-SPLASH
RFB# 19-001
Bidder: L) • S • Are e+o�,3 LLCDate: 3/5' /! lj
schedule A — Play Area & Is'nlaslk Pad Race Bid
Key
Bid Item Description
Bid Amount ount (in numerals)_
$
Al
This Bid Item includes all work associated with the
$
Play Area site work, including, but not limited to
associated with providing all Topsoils and Sod.
Co 3 S oa
survey, erosion control, grubbing, grading, crushed
Measurement and Payment will be made on a
surfacing, concrete pavements and curbs, sleeves,
x 15 q , ow
pipe installation, and temporary facilities. Work
This Alternate Bid Item includes all work
$
does not include procurement or installation of
associated with providing the 3 Rail Wood Fence.
09
playground equipment or finished surface
Measurement and Payment will be made on a
materials. Measurement and Payment will be made
Lump Sum Basis.
on a Lump Sum Basis.
Schedule B Total (does not include WA Sales Tar)
_
A2
This Bid Item includes all work associated with the
Splash Pad installation, including, but not limited
to survey, erosion control, grubbing, grading,
crushed surfacing, concrete sidewalk and slab
r w
construction, sleeves, pipe installation, installation
of all Splash Pad components, and temporary
f facilities. Work does not include procurement of
the Splash Pad Equipment Measurement and
Payment will be made on a Lump Sum Basis.
Schedule A Total (does not include WA Sales Tax)
$ 3 OCO
Schedule B — Alternate Bid Items
Ke_y
Bid Item Description
Bid Amount (in numerals)
Bl
This Alternate Bid Item includes all work
$
associated with providing all Topsoils and Sod.
Co 3 S oa
Measurement and Payment will be made on a
Lump Sum Basis.
B2
This Alternate Bid Item includes all work
$
associated with providing the 3 Rail Wood Fence.
09
Measurement and Payment will be made on a
Lump Sum Basis.
Schedule B Total (does not include WA Sales Tar)
$ 72, 000.0°
Basis of Award: The Basis of Award shall be the Schedule A, Base Bid, plus any, all, or
none of the Alternate Bid Items in Schedule B.
Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal
THURSTON COUNTY
SINCE 1,52
Memo to File
Date: March 14, 2019
RE: City of Yelm CDBG Procurement
2016 Splash Pad Project
Issue
COUNTY COMMISSIONERS
John Hutchings
District One
Gary Edwards
District Two
Bud Blake
District Three
PUBLIC HEALTH AND
SOCIAL SERVICES DEPARTMENT
Schelli Slaughter,
Director
Rachel C. Wood, MD, MPH
Health Officer
The City of Yelm held a sealed bid procurement process for the design and construction of its
Yelm Splash Pad. The invitation to bid was advertised on February 15 and February 22, 2019 in
the Nisqually Valley News and the Seattle Daily Journal of Commerce. Bidding was closed
March 5, 2019. A total of 11 firms registered with the City of Yelm on its list of self -registered
bidders. Of these, six firms identified as "general contractors" and five identified as "Other".
At the public bid opening, only 1 was responsive bid was received. The City of Yelm has
contacted self -registered bidders to determine why firms did not submit a bid and if there were
any concerns with the bid package or level of detail provided. The City of Yelm
The City of Yelm has requested that Thurston County, as the CDBG grantee, accept the City of
Yelm's procurement process and approve proceeding to contract with the one responsive
bidder.
Determination
Thurston County, after reviewing federal procurement requirements at 2 CFR 200, and based on
previous consultation with its HUD Field Representative Michael Clyburn on June 28, 2018,
determines that the City of Yelm:
• has fulfilled the federal procurement requirements at 2 CFR 200;
• that the procurement was held in a full and open competition consistent with the
standards of 2 CFR 200; and
• that the restrictive practices outlined at 2 CFR 200.319 (a) (1-7) were not present during
the procurement process.
412 Lilly Rd. N.E., Olympia, Washington 98506-5132
(360) 867-2500 FAX (360) 867-2600 TTY/TDD 711 or 1-800-833-6388
www.co.thurston.wa.us/health
Therefore, Thurston County determines that the City of Yelm may award a contract to the
lowest responsive and responsible bidder.
Rationale
In making its determination, Thurston County considered the following factors:
• The bid package was for greater than $100,000 of construction work, and therefore a
sealed bid process was appropriate.
• The bid package was sufficiently clear and detailed to allow for bidders to properly
respond.
• The bid package was sufficiently and appropriately published and advertised, including
an announcement for two consecutive weeks in the Nisqually Valley News and the
Seattle Daily Journal of Commerce and allowed sufficient time to attract adequate
competition. This is further evidenced by the 11 firms that self -registered as potential
bidders.
• The bid package did not specify "brand name" products or place unreasonable
requirements on firms in order to limit competition.
• Bonding and insurance requirements were reasonable and in accordance with federal
and county requirements.
• The bid opening was announced in the bid package and open to the public and all bids
were opened at the same time, immediately following the bid closing date and time.
• There are no known organizational conflicts of interest.
• There are no known non-competitive contracts to consultants or non-competitive
pricing practices between firms or between affiliated companies.
• The City of Yelm did not take any arbitrary actions during the procurement practice that
impacted the procurement.
O
Gary Aden
Date 3 �S
Thurston County, Public Health and Social Services
Housing Project Manager
412 Lilly Rd. N.E., Olympia, Washington 98506-5132
(360) 867-2500 FAX (360) 867-2600 TTY/TDD 711 or 1-800-833-6388
www.co.thurston.wa.us/heaIth
PUBLIC WORKS CONTRACT
FOR
YELM CITY PARK PLAY AREA & SPLASH PAD INSTALLATION
CBDG Contract # 1617-CDBG-BGPF-YELM-SPLASH
Dept. of Commerce Short Code #S18193
THIS PUBLIC WORKS CONTRACT ("Contract's is dated effective this day of
, 2019 and is made by and between the City of Yelm, a Washington municipal
corporation ("City or Owner', and W.S. Contractors LLC, a Limited Liability Corporation
("Contractor").
A. The City desires to retain an independent contractor to furnish all labor and materials
necessary to perform work necessary to complete the Yelm City Park Play Area & Splash Pad
Installation project, located at Yelm City Par, located on the northeast corner of 1St Street South
(Hwy SR 507) and Mosman Avenue SE in Yelm, Washington ("Property's; and
B. The Contractor has the requisite skill and experience to perform such work.
NOW, THEREFORE, the parties ("Parties' agree to the following terms and conditions:
1. SERVICES BY CONTRACTOR
1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials,
supplies, equipment, labor and other items incidental thereto necessary for the construction and
completion of the work, more particularly described as the Yelm City Park Play Area & Splash
Pad Installation project, including without limitation:
All site work associated with the Play Area site work (Bid Item Al), including, but
not limited to survey, excavation, erosion control, grubbing, grading, crushed
surfacing, concrete pavements and curbs, sleeves, pipe installation, and temporary
facilities. The Work does not include procurement or installation of playground
equipment or finished surface materials (to be furnished by others), and
All work associated with the Splash Pad installation (Bid Item A2), including, but
not limited to survey, erosion control, grubbing, grading, crushed surfacing,
concrete sidewalk and slab construction, sleeves, pipe installation, installation of
all Splash Pad components, and temporary facilities. Work does not include
procurement of the Splash Pad Equipment (water features, pump system, filters,
etc. to be furnished and delivered to the site by others),
("Work"), in accordance with and as described in the Contract Documents, which include without
limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General
Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit
and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works
Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B,
Contractor's Retainage Agreement attached as Exhibit C, Retainage Bond to City of Yelm Way
attached as Exhibit D, Notice to Labor Unions or Other Employment Organizations
Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form attached
hereto as Exhibit F, Performance / Payment Bond attached hereto as Exhibit G, Title VI Assurances
attached hereto as Exhibit H, Standard Plans and Details attached as Appendices A, B & C,
Technical Specifications as included in Section 4 of the Project Manual, current Prevailing Wage
Rates as included in Appendices 0 and P of the Project Manual, the General Conditions as outlined
in Appendix H of the Project Manual, and all other Appendices attached hereto and incorporated
by this reference, (collectively the "Contract Documents"), which Work shall be completed to the
City's satisfaction, within the time period prescribed by the City and pursuant to the direction of
the Mayor or his or her designee.
The City has chosen to exclude Bid Alternatives B1 & B2 as listed on the Bid Form as submitted
(topsoil & sod, and a 3 -rail wood fence) for this Contract.
1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by
the Contractor of the City's Notice to Proceed. The Work shall be completed on or before June
21, 2019. In the event the Work is not substantially completed by the date specified, Contractor
agrees to pay to the City liquidated damages in the amount set forth in the formula included in
Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted
the Work and delivered a written Notice of Completion of Public Works Contract in the form
attached hereto as Exhibit "A".
1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience
the public and cost taxpayers undue sums of money, adding time needed for administration,
inspection, and supervision. It is impractical for the City to calculate the actual cost of delays.
Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula
for its failure to complete this Contract on time:
(1) To pay (according to the following formula) liquidated damages for each working day
beyond the number of working days established for completion, and
(2) To authorize the City to deduct these liquidated damages from any money due or
coming due to the Contractor.
LIQUIDATED DAMAGES FORMULA
LD = 0.15C
T
Where: LD = Liquidated damages per working day (rounded to
the nearest dollar).
C = Original Contract amount.
T = Original time for completion.
When the Work is completed to the extent that the City has full and unrestricted use and
benefit of the facilities, both from an operational and safety standpoint, the City may determine
the Work is complete. Liquidated damages will not be assessed for any days for which an
extension of time is granted. No deduction or payment of liquidated damages will, in any degree,
release the Contractor from further obligations and liabilities to complete this entire Contract.
1.4 Performance Standard. Contractor shall perform the Work in a manner consistent
with accepted practices for other properly licensed contractors.
1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all
applicable federal, state and City laws, including but not limited to all City ordinances, resolutions,
standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary
permits and pay all permit, inspection or other fees, at its sole cost and expense.
1.6 Change Orders. The City may, at any time, without notice to sureties, order changes
within the scope of the Work. Contractor agrees to fully perform any such alterations or additions
to the Work. All such change orders shall be in the form of the Contract Change Order Agreement
attached hereto as Exhibit "B", which shall be signed by both the Contractor and the City, shall
specifically state the change of the Work, the completion date for such changed Work, and any
increase or decrease in the compensation to be paid to Contractor as a result of such change in
the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by
the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or
time required for, the performance or any part of the Work under this Contract, an equitable
adjustment will be made and the Contract modified in writing accordingly.
If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall,
within five (5) days after receipt of a written change order from the City or after giving the written
notice required above, as the case may be, submit to the City a written statement setting forth
the general nature and monetary extent of such claim; provided the City, in its sole discretion,
may extend such five (5) day submittal period upon request by the Contractor. The Contractor
shall supply such supporting documents and analysis for the claims as the City may require to
determine if the claims and costs have merit. No claim will be allowed for any costs incurred
more than five (5) days before the Contractor gives written notice as required. No claim by the
Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment
under this Contract.
1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the
City, omit work, services and materials to be furnished under the Contract and the value of the
omitted work and materials will be deducted from the Total Compensation and the delivery
schedule will be reviewed if appropriate. The value of the omitted work, services and materials
will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the
City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue
a unilateral change order adjusting the price and the delivery schedule.
1.8 Utility Location. Contractor is responsible for locating any underground utilities
affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as
amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including
utilization of the "one call" locator system before commencing any excavation activities.
1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction
materials including without limitation, sand, dirt, gravel, asphalt, excavated materials,
construction debris, etc., to protect said materials from air exposure and to minimize emission of
airborne particles to the ambient air environment within the City of Yelm Way.
2. TERM
This Contract shall commence on the effective date of this Contract and continue until the
completion of the Work, which shall be no later than June 21, 2019 to complete, and the
expiration of all warranties contained in the Contract Documents ("Term's.
3. WARRANTY
3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the
Work, and is appropriately accredited and licensed by all applicable agencies and governmental
entities, including but not limited to being registered to do business in the City of Yelm Way by
obtaining a City of Yelm Way business registration. Contractor represents that it has visited the
site and is familiar with all of the plans and specifications in connection with the completion of
the Work.
3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work
which the City deems to have defects in workmanship and material discovered within one (1)
year after the City's final acceptance of the Work as more fully set forth in the General Conditions
of the Contract, as set forth in Appendix H of the Project Manual. This warranty shall survive
termination of this Contract. Conducting of tests and inspections, review of specifications or
plans, payment for goods or services, or acceptance by the City does not constitute waiver,
modification or exclusion of any express or implied warranty or any right under this Contract or
law.
4. COMPENSATION
4.1 Total Compensation. In consideration of the Contractor performing the Work, the City
agrees to pay the Contractor an amount not to exceed four hundred forty-three thousand and
00/100 Dollars ($443,000.00), which amount shall constitute full and complete payment by the
City ("Total Compensation").
4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the
payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Contract.
4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for
any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall
be withheld until such time as Contractor modifies or repairs the Work so that the Work is
acceptable to the City.
4.4 Method of Payment. The basis of payment will be the actual quantities of work
performed according to the contract and as specified for payment. Payments will be made for
work and labor performed and materials furnished under the contract according to the price in
the proposal unless otherwise provided. Partial payments will be made once each month, based
on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform
any obligation under this Contract may be adequate reason for the City to withhold payments
until the obligation is performed.
Upon completion of all work and after final inspection, the amount due the Contractor
under the contract will be paid based upon the final estimate made by the Engineer and signed
by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained
percentages shall be subject to controlling laws.
4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total
Compensation shall be retained by the City to assure payment of Contractor's state sales tax as
well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract,
Contractor shall complete, execute and deliver to the City the Contractor Retainage Agreement
attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D". No
payments shall be made by the City from the retained percentage fund ("Fund") nor shall the City
release any retained percentage escrow account to any person, until the City has received from
the Department of Revenue a certificate that all taxes, increases, and penalties due from the
Contractor and all taxes due and to become due with respect to the Contract have been paid in
full or that they are, in the Department's opinion, readily collectible without recourse to the State's
lien on the retained percentage. Upon non-payment by the general contractor, any supplier or
subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW.
Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of
the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60)
days after completion of all Work on this Contract, the City shall release and pay in full the money
held in the Fund, unless the City becomes aware of outstanding claims made against this Fund.
5. EQUAL OPPORTUNITY EMPLOYER
In all Contractor services, programs or activities, and all Contractor hiring and employment
made possible by or resulting from this Contract, there shall be no discrimination by Contractor
or by Contractor's employees, agents, subcontractors or representatives against any person
because of sex, age (except minimum age and retirement provisions), race, color, creed, national
origin, marital status or the presence of any disability, including sensory, mental or physical
handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and
employment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Contractor comply with and shall not violate any
of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With
Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 26, or any other
applicable federal, state, or local law or regulation regarding non-discrimination. Any material
violation of this provision shall be grounds for termination of this Contract by the City and, in the
case of the Contractor's breach, may result in ineligibility for further City agreements. If this
project involves federal funds including USDOT funds administered by WSDOT, the contractor
agrees to the clauses contained in Exhibit H.
6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST
6.1 It is the intention and understanding of the Parties that the Contractor shall be an
independent contractor and that the City shall be neither liable nor obligated to pay Contractor
sick leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. The Contractor shall pay all income
and other taxes due. Industrial or any other insurance that is purchased for the benefit of the
City, regardless of whether such may provide a secondary or incidental benefit to the Contractor,
shall not be deemed to convert this Agreement to an employment contract. It is recognized that
Contractor may or will be performing professional services during the Term for other parties;
provided, however, that such performance of other services shall not conflict with or interfere
with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts
of interest in favor of the City.
6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual,
the contractor agrees to notify the City and complete any required form if the Contractor retired
under a State of Washington retirement system and agrees to indemnify any losses the City may
sustain through the Contractor's failure to do so.
7. CITY'S RIGHT TO TERMINATE CONTRACT
7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be
terminated without cause upon oral or written notice delivered to Contractor from the City. Upon
termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at
the City's option, become its property. In the event Contractor is not in breach of any of the
provisions of this Contract, Contractor will be paid for any portion of the Work which has been
completed to the City's satisfaction, calculated by the percentage amount that portion of the Work
completed and accepted by the City bears to the Total Compensation.
7.2 Termination For Cause. The City may immediately terminate this Contract, take
possession of the Property and all materials thereon and finish the Work by whatever methods it
may deem expedient, upon the occurrence of any one or more of the following events:
(1) If the Contractor should be adjudged a bankrupt.
(2) If the Contractor should make a general assignment for the benefit of its
creditors.
(3) If a receiver should be appointed on the account of insolvency of Contractor.
(4) If Contractor should persistently or repeatedly refuse or fail to supply a
sufficient number of properly skilled workmen or proper materials for completion
of the Work.
(5) If the Contractor should fail to complete the Work within the time specified in
this Contract.
(6) If the Contractor should fail to complete the Work in compliance with the plans
and specifications, to the City's satisfaction.
(7) If the Contractor should fail to make prompt payment to subcontractors or for
material labor.
(8) If Contractor should persistently disregard laws, ordinances or regulations of
federal, state, or municipal agencies or subdivisions thereof.
(9) If Contractor should persistently disregard instructions of the Mayor or his or
her representative.
(10) If Contractor shall be in breach or violation of any term or provision of this
Contract, or
(11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060.
7.3 Result of Termination. In the event that this Contract is terminated for cause by the
City, the City may do any or all of the following:
(1) Stop payments. The City shall cease any further payments to Contractor and
Contractor shall be obligated to repay any payments it received under this contract.
(2) Complete Work. The City may, but in no event is the City obligated to,
complete the Work, which Work may be completed by the City's agents, employees
or representatives or the City may retain independent persons or entities to
complete the Work. Upon demand, Contractor agrees to pay to the City all of its
costs and expenses in completing such Work.
(3) Take Possession. The City may take possession of the Property and any
equipment and materials on the Property and may sale the same, the proceeds of
which shall be paid to the City for its damages.
(4) Remedies Not Exclusive. No remedy or election under this Contract shall be
deemed an election by the City but shall be cumulative and in addition to all other
remedies available to the City at law, in equity or by statute.
S. INDEMNIFICATION
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold
the City, its elected officials, officers, employees, agents, and volunteers harmless from any and
all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by
any and all persons or entities, including, without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this Contract to the extent caused
by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents,
employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that
may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers' compensation
acts, disability benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor,
its officers, directors, shareholders, partners, employees, and agents harmless from any and all
claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any
and all persons or entities, including without limitation, their respective agents, licenses, or
representatives, arising from, resulting from or connected with this Contract to the extent solely
caused by the negligent acts, errors, or omissions of the City, its employees or agents.
8.3 Survival. The provisions of this Section shall survive the expiration or termination of
this Contract with respect to any event occurring prior to such expiration or termination.
9. INSURANCE
9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following
insurance, in such forms and with such carriers who have a rating which is satisfactory to the
City:
(1) Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
(2) Commercial general liability insurance with combined single limits of liability
not less than $2,000,000 for bodily injury, including personal injury or death,
products liability and property damage.
(3) Automobile liability insurance with combined single limits of liability not less
than $2,000,000 for bodily injury, including personal injury or death and property
damage.
9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the
following provisions:
(1) The City, its officers, officials, employees, volunteers and agents shall each be
named as additional insured.
(2) Coverage may not be terminated or reduced in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, to the City.
(3) Coverage shall be primary insurance as respects the City, its officials,
employees and volunteers. Any insurance or self-insurance maintained by the
City, its officials, employees or volunteers shall be in excess of Contractor's
insurance.
(4) Coverage shall apply to each insured separately against whom claim is made
or suit is brought.
(5) Coverage shall be written on an "occurrence" form as opposed to a "claims
made" or "claims paid" form.
9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing
the coverage required by the Section, in compliance with the Certificate(s) of Insurance Form
attached hereto as Exhibit "P, which certificate must be executed by a person authorized by the
insurer to bind coverage on its behalf. The City reserves the right to require complete certified
copies of all required insurance policies, at any time.
9.4 Subcontractors. Contractors shall include all subcontractors as additional insured
under its policies or shall furnish separate certificates for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
9.5 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions
must be disclosed by Contractor and approved in writing by the City. At the option of the City,
Contractor shall either reduce or eliminate such deductibles or self-insured retentions or procure
a bond guaranteeing payment for any amounts not covered by the insurance by reason of such
deductibles or self-insured retentions.
9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous
materials work is performed, Contractor shall review coverage with the City's Risk Manager and
provide scope and limits of coverage that are appropriate for the scope of Work and are
satisfactory to the City. Contractor shall not commence any Work until its coverage has been
approved by the Risk Manager.
9.7 Termination. The Contractor's failure to provide the insurance coverage required by
this Section shall be deemed to constitute non-acceptance of this Contract by the Contractor and
the City may then award this Contract to the next lower bidder.
10. PERFORMANCE/ PAYMENT BOND
Pursuant to RCW 39.08.010, Contractor shall post a Performance/ Payment Bond in favor
of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference,
in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to
the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract;
and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material
persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of
the bond.
11. SAFETY
Contractor shall take all necessary precautions for the safety of employees on the work
site and shall comply with all applicable provisions of federal, state and municipal safety and
health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and
Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health
Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62
WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades,
signals and other safeguards at all unsafe places at or near the Work for the protection of its
employees and the public, safe passageways at all road crossings, crosswalks, street
intersections, post danger signs warning against any known or unusual hazards and do all other
things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all
water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that
is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at
its own expense, secure and maintain a safe storage place for its materials and equipment and is
solely responsible for the same.
12. PREVAILING WAGES
12.1 Wages of Employees. This contract is subject to the minimum wage requirements
of Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal -aid
projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe
benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the
rates match those identified by the U.S. Department of Labor's "Decision Number" shown in
Appendix B.
The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12
RCW, Chapter 296-127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) to pay
minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates
and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may
be paid.
When the project is subject to both State and Federal hourly minimum rates for wages
and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall
not pay less than the higher rate unless the state rates are specifically preempted by Federal law.
The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls
under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296-
127-010 WAC, complies with all the requirements of Chapter 39.12 RCW.
12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12
RCW, and as required in this Contract do not apply to:
(1) Sole owners and their spouses;
(2) Any partner who owns at least 30% of a partnership;
(3) The President, Vice President and Treasurer of a corporation if each one owns at least
30% of the corporation.
12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State
L&I, the Contractor shall submit to the Engineer the following for itself and for each firm covered
under Chapter 39.12 RCW that provided work and materials of the contract:
(1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form
number F700-029-000. The City will make no payment under this contract for the work
performed until this statement has been approved by State L&I and a certified copy of the
approved form has been submitted to the City.
(2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number
F700-007-000. The City will not release to the contractor any funds retained under
Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have
been approved by State L&I and a certified copy of all the approved forms have been
submitted to the City.
The Contractor shall be responsible for requesting these forms from the State L&I and for
paying any approval fees required by State L&I.
Certified payrolls are required to be submitted by the Contractor to the City, for the
Contractor and all subcontractors or lower tier subcontractors.
12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of
wages for work of a similar nature and such dispute cannot be resolved by the City and the
Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor
and Industries of the State of Washington and the decision therein shall be final and conclusive
and binding on all parties involved in the dispute.
13. FAILURE TO PAY SUBCONTRACTORS
In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for
any materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or
the City may withhold from the money which may be due the Contractor an amount necessary
for the payment of such subcontractors, laborers, materials or premiums.
14. OWNERSHIP OF DOCUMENTS
All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media, all finished or unfinished
documents or material which may be produced or modified by Contractor while performing the
Work shall become the property of the City and shall be delivered to the City at its request.
15. CONFIDENTIALITY
Any records, reports, information, data or other documents or materials given to or
prepared or assembled by the Contractor under this Contract will be kept as confidential and shall
not be made available to any individual or organization by the Contractor without prior written
approval of the City.
16. BOOKS AND RECORDS
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of this Contract and such
accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Contract. These records shall be subject at all
reasonable times to inspection, review or audit by the City, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this Contract.
17. CLEAN UP
At any time ordered by the City and immediately after completion of the Work, the
Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any
kind resulting from the Work. In the event the Contractor fails to perform the necessary clean
up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs
thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its
costs from any remaining payments due to the Contractor.
18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY:
18.1 Contractor Verification. The Contractor verifies that it has a certificate of
registration with the State of Washington; has a current state unified business identifier number;
is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065
(3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment
security department number as required in Title 50 RCW, if applicable; has a state excise tax
registration number as required in Title 82 RCW, if applicable; possesses a valid electrical
contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator
contractor license as required by chapter 70.87 RCW, if applicable.
18.2 Subcontractor Contracts. The Contractor shall include the language of this section
in each of its first tier subcontracts, and shall require each of its subcontractors to include the
same language of this section in each of their subcontracts, adjusting only as necessary the terms
used for the contracting parties. Upon request of the Owner, the Contractor shall promptly
provide documentation to the Owner demonstrating that the subcontractor meets the
subcontractor responsibility criteria below. The requirements of this section apply to all
subcontractors regardless of tier.
18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor
shall verify that each of its first tier subcontractors meets the following bidder responsibility
criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which
must have been in effect at the time of subcontract bid submittal; Have a current Washington
Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers'
compensation) coverage for the subcontractor's employees working in Washington, as required
in Title 51 RCW, if applicable; A Washington Employment Security Department number, as
required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax
registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if
required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by
Chapter 70.87 RCW.
19. GENERAL PROVISIONS
19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties
with respect to any matter covered or mentioned in this Contract and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
19.2 Modification. No provisions of this Contract, including this provision, may be
amended or added to except by agreement in writing signed by the Parties or their respective
successors in interest.
19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void
or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or
all of its obligations and rights hereunder without the prior written consent of the City. In the
event the City consents to any such assignment or transfer, such consent shall in no way release
the Contractor from any of its obligations or liabilities under this Contract.
19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be
binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns.
19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance
of any terms in this Contract, and the Contractor or City places the enforcement of the Contract
or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery
of possession of any belongings, in the hands of an attorney, or file suit upon the same, each
Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related
to this Contract shall be King County, Washington.
19.7 No Waiver. Failure of the City to declare any breach or default immediately upon
occurrence thereof, or delay in taking any action in connection with, shall not waive such breach
or default. Failure of the City to declare one breach or default does not act as a waiver of the
City's right to declare another breach or default.
19.8 Governing Law. This Contract shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
19.9 Authori . Each individual executing this Contract on behalf of the City and
Contractor represents and warrants that such individuals are duly authorized to execute and
deliver this Contract on behalf of the Contractor or City.
19.10 Notices. Any notices required to be given by the City to Contractor or by the
Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any
notices may be delivered personally to the addressee of the notice or may be deposited in the
United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the
United States mail shall be deemed received three (3) days after the date of mailing.
19.11 Captions. The respective captions of the Sections of this Contract are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any
respect any of the provisions of this Contract.
19.12 Performance. Time is of the essence of this Contract and each and all of its
provisions in which performance is a factor. Adherence to completion dates is essential to the
Contractor's performance of this Contract.
19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-
54, as amended, occurs as a result of the formation and/or performance of this Contract, this
Contract may be rendered null and void, at the City's option.
19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions
of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation
of the controlling document, which interpretation shall be final and binding.
DATED the day and year set forth above.
CITY OF YELM
By:
ATTEST:
Lori Mossman, City Clerk
APPROVED AS TO FORM:
[signature on Ale
City Attorney, Brent Dille
STATE OF WASHINGTON
JW Foster, Mayor
City of Yelm
106 Second Street SE
Yelm WA 98597
W.S. CONTRACTORS LLC
By:
(Signature)
(Name)
(Address)
(Phone)
ss.
COUNTY OF )
On this day personally appeared before me , to me
known to be the of that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument and that the seal affixed,
if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of , 20_
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
To: Mayor J.W. Foster
Yelm City Council
` EST. 1924
WASHINGTON
"Proudly Serving Our Community"
From: Chad Bedlington, Public Works Director
Date: March 15, 2019 (for March 26, 2019 City Council Meeting)
Subj: Professional Services Agreement - Skillings Connolly, Inc.
Engineering Study - Cochrane Park Phase 2 Improvements
Recommendation
Authorize Mayor J.W. Foster to sign a Professional Services Agreement with Skillings Connolly, Inc. in
the not to exceed amount of $ 143,532.00 for completion of the Phase 2 Engineering Study for
improvements to Cochrane Park.
Background
Since 1998 when Cochrane Park was originally constructed, the wetland plants have flourished and
have become overgrown with standing dead and decaying vegetation. The increase of decaying biota
is reducing the function of the wetlands, resulting in water backing up in the fish pond and wetland
cells and changing the hydraulic profile of the wetland complex.
The City has been concerned the extensive growth of cattails and other invasive plant species in all
the cells may have damaged the pond liners, and if so, the ponds may be leaking.
In June 2018 the City contracted with Skillings Connolly to provide an initial study of the wetland park
to ascertain the problems that may be causing the high water in the wetland cells and the decreased
performance of the RIBs, (Phase 1). Skillings Connolly measured the water depths in the outlet
structure overflow pipes and calculated the flow and compared the results with the calculated flow
using the depth of water in the pipe feeding the RIBs. The calculated flows matched the inflow meter
reading, indicating the cells do not have any significant leaking at this time. Test pits dug in the RIB's
revealed the sand has a clogging layer at the interface of the pea gravel and the sand. The sand is
contaminated and needs to be removed and the infiltration basins reconstructed to re-establish their
original functionality.
Current Situation
The City has requested, and received, a new Scope of Work from Skillings Connolly for completion of
the Phase 2 Engineering Study for the proposed improvements to Cochrane Park. This detailed Scope
of Work (attached) will also include the preparation of exhibits for use in public outreach to help inform
the public on any changes in appearance or use that may result from reconstruction of the wetland
cells.
Staff recommends approval to authorize Mayor Foster to sign the attached Professional Services
Agreement with Skillings Connolly in the not to exceed amount of $ 143,532.00 for completion of the
Phase 2 Engineering Study for the proposed improvements to Cochrane Park.
Page 2 of 2
Esr.1924
WASHINGTON
"Proudly Serving Our Community'
PROFESSIONAL SERVICES AGREEMENT
FOR
COCHRANE PARK RECONSTRUCTION — PHASE 2
This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington
municipal corporation ("City"), and Skillings Connolly, Inc., a Washington corporation ("Consultant").
The City and Consultant (together "Parties") are located and do business at the below addresses which
shall be valid for any notice required under this Agreement:
SKILLINGS CONNOLLY, INC.
Tom Skillings
P.O. Box 5080
Lacey, WA 98509
(360) 491-3399 (telephone)
(360) 491-3857 (facsimile)
com
The Parties agree as follows:
CITY OF YELM
J.W. Foster, Mayor
106 Second Street SE
Yelm, WA 98597
(360) 458-3244
(360) 458-4348
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which
shall be the date of mutual execution, and shall continue until the completion of the Work, but in any
event no later than December 31, 2019 ("Term"). This Agreement may be extended for additional
periods of time upon the mutual written agreement of the City and the Consultant.
2. SERVICES. The Consultant shall perform the services more specifically described in Exhibit "A"
(Cochrane Park Reconstruction, Phase 2, Engineering Report, Scope of Work), attached hereto and
incorporated by this reference ("Services"), in a manner consistent with the accepted professional
practices for other similar services within the Puget Sound region in effect at the time those services are
performed, performed to the City's satisfaction, within the time period prescribed by the City and
pursuant to the direction of the Mayor or his or her designee. The Consultant warrants that it has the
requisite training, skill, and experience necessary to provide the Services and is appropriately accredited
and licensed by all applicable agencies and governmental entities, including but not limited to obtaining
a City of Yelm business registration. Services shall begin immediately upon the effective date of this
Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the
making (or failure or delay in making) such inspection or approval shall not relieve Consultant of
responsibility for performance of the Services in accordance with this Agreement, notwithstanding the
City's knowledge of defective or non -complying performance, its substantiality or the ease of its
discovery.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing
the other party thirty (30) days written notice at its address set forth above. The City may terminate this
Agreement immediately if the Consultant fails to maintain required insurance policies, breaches
confidentiality, or materially violates Section 12; and such may result in ineligibility for further City
agreements.
4. COMPENSATION.
4.1 Amount. In return for the Services, the City shall pay the Consultant an amount not to exceed
One Hundred Forty -Three Thousand, Three Hundred Fifty -Two Dollars ($143,532.00) as outlined in
Exhibit "B" (Consultant Cost Computation), attached hereto and incorporated by this reference. The
Consultant agrees that any hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the
Consultant shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction
as a result of the performance and payment of this Agreement.
4.2 Method of Payment. On a monthly basis, the Consultant shall submit a voucher or invoice in the
form specified by the City, including a description of what Services have been performed, the name of
the personnel performing such Services, and any hourly labor charge rate for such personnel. The
Consultant shall also submit a final bill upon completion of all Services. Payment shall be made on a
monthly basis by the City only after the Services have been performed and within thirty (30) days after
receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do
not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply
with the Agreement. The City may withhold payment for such work until the work meets the
requirements of the Agreement.
4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment
under this Agreement for any future fiscal period, the City will not be obligated to make payments for
Services or amounts incurred after the end of the current fiscal period, and this Agreement will
terminate upon the completion of all remaining Services for which funds are allocated. No penalty or
expense shall accrue to the City in the event this provision applies.
5. INDEMNIFICATION.
5.1 Consultant Indemnification. The Consultant agrees to release, indemnify, defend, and hold the
City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and
volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations,
mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives; arising from,
resulting from, or in connection with this Agreement or the negligent acts, errors or omissions of the
Consultant in performance of this Agreement, except for that portion of the claims caused by the City's
sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant and the
City, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the
extent of the Consultant's negligence. Consultant shall ensure that each sub -Consultant shall agree to
defend and indemnify the City, its elected officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Consultant
pursuant to this paragraph. The City's inspection or acceptance of any of Consultant's work when
completed shall not be grounds to avoid any of these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Consultant
waives any immunity that may be granted to it under the Washington State industrial insurance act,
Title 51 RCW, solely for the purposes of this indemnification. Consultant's indemnification shall not be
limited in any way by any limitation on the amount of damages, compensation or benefits payable to or
by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or
programs. The Parties acknowledge that they have mutually negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Consultant, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub -Consultants
harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses,
attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including
without limitation, their respective agents, licensees, or representatives, arising from, resulting from or
connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of
the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Consultant agrees to carry insurance for liability which may arise from or in
connection with the performance of the services or work by the Consultant, their agents,
representatives, employees or sub -consultants for the duration of the Agreement and thereafter with
respect to any event occurring prior to such expiration or termination as follows:
6.1 Minimum Limits. The Consultant agrees to carry as a minimum, the following insurance, in such
forms and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises, operations, independent Consultants, products -
completed operations, stop gap liability, personal injury, bodily injury, death, property
damage, products liability, advertising injury, and liability assumed under an insured contract
with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to
the laws of the State of Washington;
c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a
minimum combined single combined single limit for bodily injury and property damage of
$1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate for damages sustained by reason of or in the course of operation under this
Agreement, whether occurring by reason of acts, errors or omissions of the Consultant.
6.2 No Limit of Liability. Consultant's maintenance of insurance as required by the agreement shall
not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity. The Consultant's
insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall
not contribute with it.
6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability and Commercial General Liability
insurance:
a. Insurance coverage required hereunder shall be primary insurance as respect the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess
of the Consultant's insurance and shall not contribute with it.
b. Insurance shall be endorsed to state that coverage shall not be cancelled by either party,
except after thirty (30) days prior written notice by certified mail, return receipt requested,
has been given to the City.
6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating
of not less than ANII.
6.5 Additional Insured, Verification. The City shall be named as additional insured on all
commercial general liability insurance policies. Concurrent with the execution of this Agreement,
Consultant shall provide certificates of insurance for all commercial general liability policies attached
hereto as Exhibit "C" and incorporated by this reference. At City's request, Consultant shall furnish
the City with copies of all insurance policies and with evidence of payment of premiums or fees of such
policies. If Consultant's insurance policies are "claims made," Consultant shall be required to maintain
tail coverage for a minimum period of three (3) years from the date this Agreement is actually
terminated or upon project completion and acceptance by the City.
6.6 Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Consultant in performance of
this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by
the Consultant may be grounds for immediate termination. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. The Consultant will fully cooperate with the City in
identifying, assembling, and providing records in case of any public records disclosure request.
8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts,
designs, design specifications, records, files, computer disks, magnetic media or material which may be
produced or modified by Consultant while performing the Work shall belong to the City upon delivery.
The Consultant shall make such data, documents, and files available to the City and shall deliver all
needed or contracted for work product upon the City's request. At the expiration or termination of this
Agreement, all originals and copies of any such work product remaining in the possession of Consultant
shall be delivered to the City.
9. BOOKS AND RECORDS. The Consultant agrees to maintain books, records, and documents which
sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and
maintain such accounting procedures and practices as may be deemed necessary by the City to assure
proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all
reasonable times, to inspection, review or audit by the City, its authorized representative, the State
Auditor, or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONSULTANT. The Parties intend that the Consultant shall be an independent
Consultant and that the Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement. The City shall be
neither liable nor obligated to pay Consultant sick leave, vacation pay or any other benefit of
employment, nor to pay any social security or other tax which may arise as an incident of employment.
Consultant shall take all necessary precautions and shall be responsible for the safety of its employees,
agents, and sub -consultants in the performance of the contract work and shall utilize all protection
necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work. The Consultant shall pay all income and other taxes due except as
specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of
the City, regardless of whether such may provide a secondary or incidental benefit to the Consultant,
shall not be deemed to convert this Agreement to an employment contract. If the Consultant is a sole
proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and
complete any required form if the Consultant retired under a State of Washington retirement system and
agrees to indemnify any losses the City may sustain through the Consultant's failure to do so.
11. CONFLICT OF INTEREST. It is recognized that Consultant may or will be performing professional
services during the Term for other parties; however, such performance of other services shall not
conflict with or interfere with Consultant's ability to perform the Services. Consultant agrees to resolve
any such conflicts of interest in favor of the City. Consultant confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was, is, or will be
involved in the Consultant's selection, negotiation, drafting, signing, administration, or evaluating the
Consultant's performance.
12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and
employment made possible by or resulting from this Agreement or any subcontract, there shall be no
discrimination by Consultant or its sub -consultants of any level, or any of those entities' employees,
agents, sub -consultants, or representatives against any person because of sex, age (except minimum age
and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of
any disability, including sensory, mental or physical handicaps, unless based upon a bona fide
occupational qualification in relationship to hiring and employment. This requirement shall apply, but
not be limited to the following: employment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. Consultant shall comply
with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of
1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part
21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-
discrimination.
13. GENERAL PROVISIONS.
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains
all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement
and no prior statements or agreements, whether oral or written, shall be effective for any purpose.
Should any language in any Exhibits to this Agreement conflict with any language in this Agreement,
the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are
inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of
the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative,
null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect. Any act done by either Party prior to the effective date
of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of
the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this
Agreement, including this provision, may be amended, waived, or modified except by written
agreement signed by duly authorized representatives of the Parties.
13.2 Assignment and Beneficiaries. Neither the Consultant nor the City shall have the right to transfer
or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written
consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of
this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure
to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other
person or entity shall have any right of action or interest in this Agreement based on any provision set
forth herein.
13.3 Compliance with Laws. The Consultant shall comply with and perform the Services in
accordance with all applicable federal, state, local, and city laws including, without limitation, all City
codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter
amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as
amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be
rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in
which performance is a factor. Adherence to completion dates set forth in the description of the
Services is essential to the Consultant's performance of this Agreement. Any notices required to be
given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any
notices may be delivered personally to the addressee of the notice or may be deposited in the United
States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States
mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under
the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other
remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to exercise any
option conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in full
force and effect. Failure or delay of the City to declare any breach or default immediately upon
occurrence shall not waive such breach or default. Failure of the City to declare one breach or default
does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be
made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the
Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive
means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties
agree in writing to an alternative process. If the Thurston County Superior Court does not have
jurisdiction over such a suit, then suit may be filed in any other appropriate court in Thurston County,
Washington. Each party consents to the personal jurisdiction of the state and federal courts in Thurston
County, Washington and waives any objection that such courts are an inconvenient forum. If either
Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs
and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however, however
nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section
5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Consultant
represents and warrants that such individual is duly authorized to execute and deliver this Agreement.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original and with the same effect as if all Parties hereto had signed the same document. All such
counterparts shall be construed together and shall constitute one instrument, but in making proof hereof
it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages
from such counterparts may be assembled together to form a single instrument comprised of all pages
of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which
the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual
execution" hereof.
[Signature page follows]
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF YELM
ATTEST:
SKILLINS CONNOLLY, INC.
By:
Printed Name:
Title: President
Date:
Thomas E. Skillings, P.E.
STATE OF WASHINGTON)
) ss.
COUNTY OF THURSTON )
On this day personally appeared before me, Thomas E. Skillings, P.E., to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
he/she/they executed the foregoing instrument as his free and voluntary act and deed for the
uses and purposes therein mentioned.
GIVEN my hand and official seal this day of 1201
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires , 20
JW Foster, Mayor
City Clerk, Lori Lucas
DATE:
APPROVED AS TO FORM:
[siknature on file)
City Attorney, Brent Dille
SKILLINS CONNOLLY, INC.
By:
Printed Name:
Title: President
Date:
Thomas E. Skillings, P.E.
STATE OF WASHINGTON)
) ss.
COUNTY OF THURSTON )
On this day personally appeared before me, Thomas E. Skillings, P.E., to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
he/she/they executed the foregoing instrument as his free and voluntary act and deed for the
uses and purposes therein mentioned.
GIVEN my hand and official seal this day of 1201
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires , 20
EXHIBIT "A"
PHASE 2
COCHRANE PARK RECONSTRUCTION - PHASE 2
ENGINEERING REPORT
SCOPE OF WORK
City of Yelm
Cochrane Park Reconstruction
Phase 2
Engineering Report
Scope of Work
February 20, 2019
General
Cochrane Memorial Park is a constructed wetland park using Class A Reclaimed Water supplied from the
City's Water Reclamation Facility. The current flow is 35 GPM, or 50,400 gallons per day. Water enters
the facility at a mounded inflow structure, where water cascades down a water feature, through a
meandering channel and into the first of three constructed treatment wetland cells.
The park wetland features consist of three constructed wetland cells, a fish pond, and three rapid
infiltration basins (RIB). Reclaimed water is delivered to the site with a residual chlorine level of
approximately 0.5mg/I. The inlet water feature was designed to aerate the water and reduce the
chlorine residual through volatilization and UV exposure. The first wetland cell, Cell No. 1 is a 0.46 acre
"free water surface" wetland cell whose primary purpose is to further reduce the residual chlorine in the
reclaimed water. This cell is approximately 1.5 -ft. deep. From Cell No. 1, the water flows into a 0.73 -
acre fish pond, with a depth of about 7 -feet.
Upon exiting the fish pond, water is directed through a 0.21 -acre "subsurface flow" wetland, with a
subsurface depth of 1.5 feet. The primary purpose of the subsurface flow wetland is to remove nutrients
that were introduced into the fishpond from feeding operations and fish feces. Water then flows into a
final wetland cell with varying depth of 1.5 to 4.5 -feet with the purpose of providing additional polishing
prior to applying the water to one of three RIBS. Two of the RIBS are surface pond features, while the
third is located beneath the parking lot as infiltration trenches. Each RIB was designed to infiltrate the
50,000 gpd inflow, plus the 100 -year rain event. For treatment purposes and long-term operation, flow
to the RIBS were designed to rotate every 3-7 days which allowed the basins to dry out and aerate.
Problem
Since 1998 when the park was constructed, the wetland plants have flourished and have become
overgrown with standing dead and decaying vegetation. The increase of decaying biota is reducing the
function of the wetlands, especially the subsurface flow wetland cell. The wetland cell was designed
with a hydraulic capacity of 50,000 GPD. Currently the water surface in this cell is above the cell media,
resulting in water backing up in the fish pond and changing the hydraulic profile of the wetland complex.
The City has been concerned the extensive growth of cattails and other invasive plant species in all the
cells may have damaged the pond liners, and if so, the ponds may be leaking.
The infiltration rates in the RIBS has declined over the years. Attempts to rejuvenate the basins have
been marginally successful. When the RIBS were first constructed, water spread on the surface
percolated into the basin within in the first few feet. In recent times, water has been observed ponding
several inches deep each of the RIBS. The underground RIB, located under the parking lot, has not been
used in several years and is assumed to be still functioning. However, because of the high suspended
Skillings Connolly, Inc Page 1 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
solids generated from the wetlands, the underground RIB isn't used due to concerns of unrecoverable
clogging.
The City contracted with Skillings Connolly to provide an initial study of the wetland park to ascertain
the problems that may be causing the high water in the wetland cells and the decreased performance of
the RIBS, (Phase 1). We measured the water depths in the outlet structure overflow pipes and
calculated the flow using the sharp -crested weir formula and compared the results with the calculated
flow using the depth of water in the 6 -inch pipe feeding the RIBS. The calculated flows matched the
inflow meter reading, indicating the cells do not have any significant leaking at this time. Test pits dug in
the RIB's revealed the sand has a clogging layer at the interface of the pea gravel and the sand. The sand
is contaminated and needs to be removed and the infiltration basins reconstructed to re-establish their
original functionality.
The Cochrane Park facility has historically been very popular. This Scope of Work will include the
preparation of exhibits for use in public outreach to help inform the public on any changes in
appearance or use that may result from reconstruction of the wetland cells.
Work Tasks
Project Assumptions:
• Unless specifically identified as surface water, groundwater, potable water, or stormwater, the
use of the term "water" in this Scope of Work refers to Class A Reclaimed Water.
• All plan sheets will be prepared in AutoCAD v.2018 format, using Civil3D v.2018 software.
• The City desires to increase the amount of groundwater recharge at the facility. Because the
Water Reclamation rules and regulations do not require additional treatment prior to
groundwater infiltration, it is anticipated that water can be routed directly from the supply line
to the RIB's, bypassing the constructed wetlands.
• This Scope of Work does not include work effort to quantify the benefits of the increased
ground water recharge.
• It is assumed the existing wetlands are considered "Constructed Treatment Wetlands" as
defined in the Ecology "Orange Book"; and as such are not considered "Waters of the State".
• It is assumed the existing wetlands will be converted from "Constructed Treatment Wetlands"
to "Constructed Beneficial Use Wetlands" but will not be considered "Waters of the State" after
conversion.
• The wetland cells have overgrown with vegetation, and the subsurface cell is not functioning as
originally designed. The vegetation needs to be removed and the cells reconstructed.
• This scope of work will address both the RIB's and the wetland cells.
• The Department of Ecology is in concurrence the wetland cells can be reconstructed and will be
considered water features and will no longer be considered part of the treatment train for
additional polishing of the reclaimed water, and will be considered Constructed Beneficial
Wetlands, and not subject to being "Waters of the State" because they are not being
constructed to replace natural wetland functions or values.
• The City's current facilities plan is adequate to demonstrate the reclaimed water meets Class A
standards and no additional documentation will be necessary.
• The reclaimed water supplied by the City complies with all applicable requirements of chapter
90.48 RCW, and chapter 173-200 WAC for groundwater quality and chapter 246-290 WAC for
drinking water standards.
• The City has contracted with Kennedy Jenks to prepare a Water Rights Impairment Analysis. To
that end, groundwater modeling will have to be completed as part of their analysis. The Scope
Skillings Connolly, Inc Page 2 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
of Work included herein also requires groundwater modeling, but with different parameters.
Both Skillings and Kennedy Jenks anticipated using the same subconsultant, Shannon and
Wilson's, (Stephen Thomas) and Phillip Brown, of Northwest Groundwater Services, to complete
the modeling. The groundwater modeling scope of work needed for the rapid infiltration basin
project is included herein for reference, information purposes only. The actual work will be
completed under Kennedy Jenks scope of work and budget. Coordination time and meeting
time is included within this scope of work.
• The next Phase of work will be Phase 3, which will include design development of the features
identified in the Engineering Report developed in this Phase 2 Scope of Work.
Definitions: (Ecology- Orange Book)
✓ Constructed Beneficial Use Wetlands means those wetlands intentionally constructed
on non -wetland sites to produce or replace natural wetland functions and values.
Constructed beneficial use wetlands are considered "waters of the state." Beneficial use
wetlands constructed on upland sites to produce natural habitat or for water quality
enhancement, but not required as mitigation for loss of natural wetlands, are
considered non -jurisdictional wetlands and are regulated as treatment facilities
equivalent to constructed treatment wetlands.
✓ Constructed Treatment Wetlands means those wetlands intentionally constructed on
non -wetland sites and managed for the primary purpose of wastewater or storm
treatment. Constructed treatment wetlands are considered part of the collection and
treatment system and are not considered "waters of the state."
✓ Wetland Enhancement means actions taken to intentionally improve the wetland
functions, processes, and values of existing but degraded wetlands where all three
defining criteria are currently met (that is, hydrology, vegetation, and soils).
✓ Wetland Restoration means actions taken to re-establish a wetland area, including its
functions and values that were eliminated by past actions, in an area that no longer
meets the definition of a wetland.
Phase 2 Scope of Work Description of Work:
Task 100 Project Management
This task includes Consultant management of staff and Subconsultants, invoices and progress reporting,
progress meetings, some QA/QC, and internal staff team progress meetings.
Assumptions:
Tasks:
Notice to Proceed is expected to be received before November 15, 2018.
PS&E will be completed within 6 -months after Notice to Proceed (May 30, 2019).
The Consultant will prepare a Project Management Plan to include a detailed Scope of Work,
budget, and a comprehensive schedule that identifies the anticipated resources necessary to
complete the work.
The Consultant will schedule, prepare for, and take part in biweekly communications with the
City of Yelm. Meetings will be by telephone conference to save travel time, unless specifically
identified in this scope of work.
3. The Consultant will prepare and periodically update a staffing Work Plan that specifies, on a
contemporary basis, the staffing assigned to the project and work tasks that are to be
completed within the work planning period.
Skillings Connolly, Inc Page 3 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
4. Consultant will provide quality control in-house through peer review and Principal quality
checks.
5. Consultant will manage Subconsultants, if any.
6. Consultant will provide monthly Earned Value reports for City of Yelm's review.
7. Consultant will prepare monthly billings with progress reports.
Deliverables:
• Project Management Plan with Scope of Work, budget, and schedule.
• Monthly invoices;
• Status reports; and
• Monthly Earned Value reports.
Task 110 — Kick-off Meeting/Site Visit
The combined kick-off meeting, site visit, and general project discussion will allow team members from
City of Yelm and Consultant to meet each other, discuss the Consultant's Project Management Plan, and
perform a site visit/walk through to discuss design ideas in the field.
Assumptions:
• Kick-off meeting/site visit with City of Yelm will be held after Notice to Proceed
• Attendees:
o City of Yelm staff
o Consultant PM
o Consultant design engineer
Work Task Description:
1. Project kick-off meeting — agenda will be prepared by Consultant based on the Project
Management Plan.
2. Develop site plan sheet for site walk through based on previously prepared documents.
3. Site visit to identify:
o Park design concerns
■ Existing trails and amenities
■ Parking and access concerns
o Utility issues
o Photo documentation
4. Project discussion to solidify ideas:
o Reconstruction of wetland cells
o Replacement or removal of subsurface wetland cell
o Increase flow to RIBS
o Potential of separating wetland discharge from direct reclaimed water flow
o Increase area for RIB
o Pre -filtering wetland discharge prior to infiltration
Deliverables:
• Project kick-off meeting agenda
• Site review and project discussion notes
• Photo documentation of site review
• Meeting minutes
• Research the design documents and engineering report for the original construction.
(Document Research).
Skillings Connolly, Inc Page 4 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
Task 200 - Survey Project Set Up
Assumptions:
The original design was completed in AutoCAD in the mid to late 90's in AutoCAD "release 14". The base
map files will require updating to the current version of AutoCAD.
Work Task Description:
1. Update old CAD files to the current version.
2. Plot and check for consistency and completeness of updates.
3. Field review As-builts
Deliverables:
• Electronic file of base map (in house).
• Base map hard copy
Task 210 - Field Survey
Work Task Description:
1. Locate controlling monuments.
2. Establish control and bench marks for design and construction purposes.
3. Provide additional topographical mapping in areas where the RIBS may be expanded
4. Provide additional topographical mapping around the subsurface wetland cell, including the
existing overflow features
5. Locate the existing structures and piping.
6. Update the base map.
Deliverables:
• Updated base maps
Task 220 - Field Investigations - Rapid Infiltration Basins (RIBS)
Assumptions:
• The Consultant has completed preliminary investigations to determine the condition of the two
open RIBS and found the engineered treatment media has been contaminated.
• The City desires to increase the daily flow to the RIBS from 50,000 gallons per day to 200,000
gallons per day, or greater.
• The RIB located under the parking lot has not been used in years and needs to be evaluated.
• The size of the open RIBS may need to be expanded, depending on ultimate design rate of
infiltration.
• City will provide backhoe for excavation of infiltration test pits
• Reclaimed water will be available for infiltration tests
Task 220.1 Verification of Infiltration Rates
The existing infiltration basins have been in operation for approximately 20 -years. Over that time, the
RIBS have been infiltrating the discharge water from the constructed wetlands. The water from the
wetlands is high in organics and biomass and the basins have experienced organic clogging. It is
Skillings Connolly, Inc Page 5 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
understood the existing media will need to be removed and replaced with new sand. The work
anticipated in this task will test the infiltration rate of the existing ground below the RIBS to develop an
allowable application rate and establish the design parameters for the RIBS.
Assumptions:
• Determination of long-term infiltration rates will be determined by the "flooding basin"
technique as described in EPA Manual 1 and Supplement for Rapid Infiltration Basins.
• The test pit will be approximately 10' X 10'
• Reclaimed water will be available and used for the infiltration test.
• City will provide backhoe services for excavation
• City will provide labor to install temporary reclaimed water piping
• Two infiltration test pits are anticipated
• Six tensiometers are required to verify saturated conditions
• Groundwater mounding will be estimated using Hantush mounding calculations
Work Task Description:
Evaluation of Existing Surface RIBS
1. Locate and coordinate with City will excavate test sites in both existing surface RIBS, down to the
existing ground. (below the sand)
2. Build infiltration test pits, line outside with bentonite to seal test pit.
3. Install six (6) tensiometers
4. Install data loggers to record
5. Coordinate with City to connect to reclaimed water source, including meter
6. Monitor to verify soil saturation. Record data logger information
7. Remove data loggers and tensiometers
8. Prepare draft report on infiltration
9. Research anticipated infiltration rate for clean sand.
10. Record depth to groundwater in each of the existing monitoring wells adjacent to the existing
RIBS
11. Coordinate outcome with Hydrogeologist (Shannon and Wilson) to determine Horizontal and
Vertical "K values.
12. Prepare calculations to estimate the anticipated groundwater mounding
13. Prepare Draft Report on estimated application rates for surface RIBS
Task 220.2 Evaluation of Existing subsurface RIB (under the parking lot)
The infiltration basin located under the parking lot has an approximate equivalent design capacity as the
surface RIB basins. However, because the discharge from the treatment wetlands are high in organics,
the City has not used the underground basin for several years. It is the Consultant's understanding the
underground basin was functioning properly before taken out of service. In addition, the automatic
controller designed to cycle the flow from the wetlands to one of the three basins every 5-7 days,
dependent on the setting of the controller. However, the valve controller is no longer operational.
Rotation of flow to the surface RIBS has been done manually.
The City has decided not to use the subsurface RIB as part of the future groundwater recharge project.
Other options will be evaluated to create a third cell. The existing subsurface basin may be considered
for infiltrating stormwater generated from wetland cell overflow events.
Assumptions:
The existing underground RIB located below the parking lot has not been used for several years.
• The existing underground RIB will not be used as a RIB in the future. It may be considered for an
emergency overflow condition.
Skillings Connolly, Inc Page 6 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
• No performance testing of the underground RIB is proposed at this time.
Work Task Description:
1. Research options for application of reclaimed water to a third RIB cell by surface spreading,
flooding, spray irrigation.
2. Prepare Draft Tech Memo Report
Deliverables:
• Draft report on potential infiltration application rates and factor of safety.
Task 220.3 - Hydrogeologic Conditions and Constraints (Hydrogeologic Study)
A hydrogeologic study is required if there is a potential to contaminate. Potential to contaminate is
triggered if both of the following conditions exist: 1) If there is a discharge of a regulated substance to
the subsurface of the land surface, (reclaimed water) and 2) the discharge rates are either greater than
agronomic rates (discharge rates are greater) or the wastewater is stored in an impoundment (whether
lined O r un I I ned ). (Reference Ecology Publication #96-02 Implementation Guidance for the Ground Water Quality Standards)
Well Head Protection studies conducted by Robinson and Noble in the late 80's / early 90's indicated the
direction of groundwater movement was directly from the existing RIB's, northerly, to the City's existing
downtown well field. The most recent WHP Plan, prepared by Golder, indicates the groundwater
movement is more in a north, northwest direction.
The following Assumptions and Work Tasks are included herein for reference and information purposes
only to reference the work that needs to be accomplished. The modeling work will be completed by a
subconsultant, Stephen Thomas, of Shannon and Wilson. The work will be included in the Scope of
Work being completed by Kennedy Jenks as part of the groundwater modeling needed for the Water
Rights Impairment Analysis they will be completing for the City. It is anticipated Skillings Connolly will
share the results of the modeling results with Kennedy Jenks.
Assumptions:
• Required information required for a groundwater recharge project will follow the Ecology
requirements included in Chapter E1-8.2 Hydrogeologic Conditions and Constraints of the
Orange Book.
• A subconsultant will be retained by Kennedy Jenks to provide hydrogeologic engineering.
• The Sampling and Analysis Plan (SAP) will be prepared by others.
• The City will pull samples and provide the testing
• Two additional monitoring wells may be required to obtain background water quality
• Eight water quality samples will be required from three monitoring wells. Anticipated analytes
include:
o Chloride
o TDS
o Total Nitrogen
o Nitrate
o Ammonia
o Organic Nitrogen
o Metals (which metals)
o Microbiological Parameters
• Analyze the ground water two (2) times for major cations and anions. Anticipated parameters
are:
Skillings Connolly, Inc Page 7 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
Cations
Calcium
Magnesium
Potassium
Sodium
Iron (total)
Anions
Bicarbonate
Carbonate
Chloride
Fluoride
Nitrate
Manganese Sulfate
• Kennedy Jenks will assess the available existing data to determine if it will be adequate to
describe the hydrogeologic characterization of the project site. If any additional aquifer testing
is required, the work will be coordinated with the City and Kennedy Jenks to develop a scope of
work necessary to address the project needs.
• If Ecology determines additional analytes need to be tested, the scope of work and fee proposal
will be amended to provide for the additional work.
Work Task Description:
1. Meet with Ecology to determine the adequacy of existing monitoring wells for data collection to
formulate a complete hydrogeologic characterization of the project.
2. Provide coordination between City and Kennedy Jenks and their subconsultants performing the
groundwater hydrology studies.
3. Review the reports prepared by Kennedy Jenks to incorporate into the Consultant's Engineering
Report
4. Provide water quality testing coordination between City and Consultant.
5. Review the water quality reports and data results prepared by the City.
6. Based on the Department of Ecology's comments, prepare a scope of work and fee proposal for
additional investigations if necessary.
The following work task will be provided under Kennedy Jenks contract with the City.
7. As much as possible based on existing data, provide a complete hydrogeologic characterization
of the project site. Information to include:
a. Topographic and geologic maps and cross sections.
b. Ground water elevations, contours and hydraulic grade lines, and natural fluctuations.
c. Hydrologic/hydraulic features, recharge areas, streams, springs, wells, and other
discharge areas, such as leakage to other aquifers, and deep seepage to marine waters.
d. Water balance, recharge, follow-through, discharge, precipitation, evapotranspiration,
runoff, base flow, and natural fluctuations.
e. Aquifer coefficients, hydraulic conductivity/permeability, transmissivity, storage,
leakage, and directional transmissivity in anisotropic aquifers.
f. Basic data, well logs, pumping test data sheets, and sample calculations.
8. Discuss adequacy of existing data and whether new test wells and/or aquifer testing might be
needed to provide an adequate hydrogeologic characterization of the project site. If additional
information is requested not specifically addressed in this scope of work, a supplement will be
required to cover the additional work.
9. Based on input on scoping from Ecology, the Consultant will prepare a Sampling and Analysis
Plan (SAP) for Ecology's review and approval. The SAP will be the used for QA/QC in collection,
handling and processing of the water samples.
10. Collect eight water samples from existing monitoring wells, spread out over a one-year period.
Assume 32 discrete samples. Send samples to testing lab for analysis for analytes and
parameters identified above in the Task Assumptions. During sampling round 1 and round 8,
the samples will also be tested for cations and anions.
Skillings Connolly, Inc Page 8 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
11. Show location of spreading basins relative to hydrologic/hydraulic features on a map. Show
proximity to nearby wells (both monitoring and water supply wells), surface discharges from the
aquifer, and other discharges from the aquifer. Show plan and profile views of spreading basins,
including key dimensions and elevations.
12. Calculate height, elevation, and lateral dimensions of ground water mound that will form
beneath the spreading basins or around injection wells. Show water levels for pre -recharge
conditions and predicted water levels for post -recharge conditions.
13. Calculate and discuss hydraulic residence time in the aquifer and time of travel to nearby water
supply wells.
14. Discuss hydraulic continuity between ground water and surface water. Calculate impacts of
recharged ground water on surface base flows.
15. Discuss physical impacts of ground water contamination, or other degraded ground water
quality. How will changes in hydraulic gradients induce movement of poor -quality ground water
to new areas?
16. Discuss the intent for water rights mitigation. The City proposes to use reclaimed water for
ground water recharge with the strategic purpose of water rights mitigation. As such, the
following information must be included within the project engineering report, as follows:
a. Provide map showing features that might be vulnerable to high water tables or high
artesian pressures, including building foundations, buried tanks (septic tanks, fuel tanks),
pipelines (water, sewer, gas, fuels), surface slopes, and deep excavations. Show soil and
subsurface conditions near these features.
b. Discuss water table or artesian pressure elevations, including capillary fringe and natural
fluctuations, relative to these features. Discuss changes in soil strength and slope stability
that might be induced by higher water tables or higher artesian pressures resulting from
recharged ground water. Verify that changes in soil strength and slope stability will not
jeopardize these features or cause other property damage.
17. Prepare a summary report on findings of hydrogeologic investigations along with
recommendations.
18. Present to City and Ecology for review and comments.
Deliverables: Skillings Connolly Deliverables
• Scope of work for additional services if required by Ecology
• Coordination meeting minutes
Task 220.4 - Hydrogeologic Conditions and Constraints (Additional Study and Coordination)
A Sampling and Analysis Plan (SAP) for Ecology's review and approval will be required. The SAP will
be the used for QA/QC in collection, handling and processing of the water samples.
As identified in Task 220.3 above, groundwater modeling is required for this project. The City is
required to prepare a water rights impairment analysis as part of the update to the City's Facilities
Plan. Kennedy Jenks will be preparing the Impairment Analysis which will also require groundwater
modeling. In order to eliminate the potential for scope overlap, the modeling work will be provided
under Kennedy Jenks' scope of work. The Skillings Connolly Scope of work will include coordination
with Kennedy Jenks, their sub consultant and the City to make sure the model results and report
addresses the needs for this Scope of Work.
Based on soil and aquifer properties provided from the Kennedy Jenks and the groundwater studies
provided by their subconsultants, Skillings Connolly will prepare an analysis to determine the extent
of the mounding resulting from the infiltration of reclaimed water.
Assumptions:
Skillings Connolly, Inc Page 9 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
• Groundwater mounding will be provided by Kennedy Jenks
• Kennedy Jenks will provide the groundwater modeling, contracted directly with City
• The SAP will be provided by Northwest Groundwater Services
• Mounding analysis will be provided by Kennedy Jenks's subconsultants
• Based on the known depth to the groundwater, it is believed the water rise will not interfere
with the bottom of the RIB. Should the amount of flow create an estimated groundwater
rise that does intersect the bottom of the RIB (or within 2 -feet of the bottom) the flow rate
may have to be adjusted to keep the mound within the desired minimums.
Work Task Description:
The following task will be provided by the Consultant:
1. Provide coordination between City, Kennedy Jenks, and subconsultant, Shannon and Wilson and
Phil Brown.
The Consultant will review the groundwater mounding analysis model provided by others, to
estimate the rise in the groundwater elevation under the infiltration basin. Because the amount
of rise is dependent on the geometric layout of the RIB configuration with respect to the direct
of groundwater movement, the analysis will be evaluated for each basin layout.
3. Prepare a tech memo describing the results of the modeling.
Deliverables:
• Tech Memo on groundwater mounding
• Meeting Minutes
Task 230 - Field Investigations - Constructed Wetland Water Quality
The flow from the existing constructed wetlands currently is directed to the surface RIBS. Due to the
high organic loading of biomass, the infiltration basins are getting clogged and the subsurface flow RIB is
not used for fear of clogging. The wetlands will be reconstructed as part of this project and will continue
to be operational in the future with the discharge used for groundwater recharge. However, to extend
operation between maintenance cycles, the wetland water should either be pre-treated before
recharge, or separated from the "clean" reclaimed water applied directly into the RIBS. This task will
test the water quality from the wetlands and evaluate options to pre -treat the water or separate the
flows.
Assumptions:
• The anticipated flow through the wetlands is approximately 50,000 gpd
• Three samples will be taken at the pipe just before the water enters the RIBS
• The water quality parameters that will be tested is:
o Organics
o TDS
o Ph
o Temperature
Work Task Description:
Pull water samples from the outlet pipe of the constructed wetlands and take to the lab for
testi ng.
Review the samples results
Research technology options for pre-treatment of the water and evaluate operation and
maintenance cost.
Skillings Connolly, Inc Page 10 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
4. Evaluate potential methods to separate the wetland water from the clean reclaimed water.
5. Evaluate the operational characteristics of the control valve assembly and necessary
modifications.
6. Prepare Draft Report on the water quality, filtration options and cost to operate and maintain
the wetland filtration system.
Deliverables:
• Draft Report on wetland water quality, treatment options, and Rough Order of Magnitude costs.
Task 240 — Engineering Report
Upon completion of: Hydrogeologic studies, infiltration tests, evaluation of the condition capacity of the
subsurface RIB, water quality from the wetlands, and potential pretreatment options, the Consultant
will prepare an engineering report, pursuant to the pertinent sections of WAC 173-240-060.
Assumptions:
• Individual tech memos from the tasks identified above, including reports from Kennedy Jenks
have been prepared and reviewed by the City and Ecology as necessary.
• Only those elements of WAC 173-240-060 that are pertinent to this project will be addressed in
the Engineering Report.
• Consultant will incorporate by reference, to the greatest extent possible, the City's existing
Facilities Plan that is being updated by Kennedy Jenks, in the development of the Engineering
Report.
• City will provide copy of the latest Facilities Plan that has being prepared for the new reclaimed
water treatment plant upgrades and documentation of compliance with "AKART"; all known,
available and reasonable methods of prevention, control, and treatment.
• Engineer Report will serve for the Basis for Design.
• Ecology's approval of the Engineering Report will trigger requirements under the State
Environmental Policy Act (SEPA), requiring evaluation via a SEPA Checklist. The City of Yelm will
be the SEPA Lead Agency.
Work Tasks Description:
1. Coordination with City and Kennedy Jenks on groundwater modeling
2. Prepare a Draft Engineering Report, incorporating existing documentation
3. Submit Draft to City for review and comment
4. Update Draft plan and submit to Department of Ecology for review and comment.
5. Meet with Ecology to go over review comments
6. Finalize Engineering Report and submit Final to City and Ecology.
7. Prepare SEPA Checklist in support of Engineering Report.
Deliverables:
• Draft Engineering Report in electronic PDF format to City and Ecology
• Final Engineering Report in electronic PDF format to City and Ecology
END PHASE 2 SCOPE OF WORK
Skillings Connolly, Inc Page 11 of 21 City of Yelm
Project No. 18113 February 20, 2019 Cochrane Park Reconstruction
Phase 2, Engineering Report
EXHIBIT `B"
CONSULTANT COST COMPUTATION
EXHIBIT B-2
CONSULTANT COST COMPUTATION — SUMMARY
NEGOTIATED HOURLY RATE (NHR):
Classification
Man Hours X Rate =
Cost
PRINCIPAL -IN -CHARGE
9 X $220.00 =
$1,980.00
PROJECT MANAGER
101 X $197.00 =
$19,897.00
PROJECT ENGINEER
208 x $143.00 =
$29,744.00
SR ENVIRONMENTAL SCIENTIST
26 X $191.00 =
$4,966.00
PROJECT SCIENTIST
40 X $109.00 =
$4,360.00
ENGINEER
408 X $116.00 =
$47,328.00
TECHNICIAN
104 X $119.00 =
$12,376.00
ENGINEERING INTERN
8 X $60.00 =
$480.00
SURVEY MANAGER
4 X $149.00 =
$596.00
SURVEY TECHNICIAN
8 X $99.00 =
$792.00
2 MAN SURVEY CREW
20 X $158.00 =
$3,160.00
PROJECT ADMINISTRATOR
18 X $104.00 =
$1,872.00
Total Hours =
954
Total NHR =
$127,551.00
REIMBURSABLES:
Mileage
400 X $0.580 =
$232.00
Miscellaneous Expenses
$2,455.00 X 10% _
$2,700.50
Total Expenses=
$2,932.50
SUBCONSULTANT COST (See Exhibit E):
$0.00
$0.00 x 15% _
$0.00
Total Subconsultants =
$0.00
SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
Sub Total=
$130,483.50
MANAGEMENT RESERVE FUND:
SUB TOTAL =
$130,483.50 x 10% =
MRF =
$13,048.35
GRAND TOTAL
GRAND TOTAL =
$143,532
PREPARED BY:
Thomas E. Skillings, PE
DATE:
February 20, 2019
REVIEWED BY:
Patrick E. Skillings, PMP
DATE:
February 20, 2019
EXHIBIT B-3
CONSULTANT COST COMPUTATION — EXPENSES
Item
Description
Basis
Quantity
Rate
Total
1
Telephone
Month
$0.00
2
Auto Rental
Each
$0.00
3
Lodging
Day
$0.00
4
Per Diem -Meal
Day
$0.00
5
Photo Copies - Blk & White
Each
750
$0.10
$75.00
6
Photo Copies - Color
Each
200
$0.35
$70.00
7
Half Sized Prints
Each
200
$0.50
$100.00
8
Full Sized Prints
Each
10
$6.00
$60.00
9
Postage
Month
$0.00
10
Shipping
Month
$0.00
11
FAXs
Each
$0.00
12
Miscellaneous Project Costs
Month
4
$100.00
$400.00
13
Miscellaneous Survey Costs
Estimated
1
$250.00
$250.00
14
Traffic Control
Estimated
$0.00
15
Tensiometers
Each
6
$250.00
$1,500.00
Total Miscellaneous Expenses
$2,455.00
Mileage
Per Mile
400
0.580
$232.00
Total Expenses
$2,687.00
Assumptions
1
Telephone
Estimated
2
Auto Rental
Estimated trips
3
Mileage
Estimated miles
4
Lodging
5
Per Diem -Meal
6
Photo Copies - Blk & White
Estimated
7
Photo Copies - Colored
Estimated
8
Half Sized Prints
9
Full Sized Prints
10
Postage
Estimated
11
Shipping
Estimated
12
FAXs
Estimated
13
Miscellaneous Project Costs
Estimated
14
Miscellaneous Survey Costs
Estimated
15
Purchase Order
Estimated
Prepared by: Thomas E. Skillings, PE
February 20, 2019
EXHIBIT "C"
INSURANCE
EST* 1121
WASHINGTON
"Proudly Serving Cour Community"
REPORT FROM THE GENERAL GOVERNMENT COMMITTEE
MARCH 26, 2019
TOPIC
FURTHERS
COUNCIL GOALS
REQUIRES NEW
RESOURCES
ACTION REQUESTED
❑Money
❑Concurrence
®Staff Time
® Resolution
Future use of the former City Hall
®Yes
building
❑No
❑Council Time
❑Ordinance
❑Board Time
El Budget Amendment
❑None
❑Other
RECOMMENDATION
Adopt Resolution No. 598A or 598B authorizing Mayor JW Foster to enter into lease agreements,
memorandums of understanding, cost-sharing agreements to utilize the space with minimal financial
impact to the partner organization without gifting public funds, and all other necessary collaborations
with partner organizations and potential leases to create the following:
Yelm Boys & Girls Club: A partnership with Thurston County Boys & Girls Club.
Yelm Veterans Service Center: A collaboration with the Lacey Veterans Service Center, and state and
local veterans service organizations.
Yelm Center for Business & Innovation: A collaboration with the Thurston County Economic
Development Council, and both Thurston County and Yelm Chambers of Commerce.
or any combination of the services outlined above. Two resolutions were proposed by the General
Government Committee based on feedback from City Council.
BACKGROUND & FACTS
See resolution(s) and PowerPoint Presentations previously presented to City Council for additional
information. The City of Yelm lacks physical space and resources for organizations to establish roots
in our community and the General Government Committee provided a comprehensive vision to
create a start-up space or incubator for organizations supporting youth, veterans, and new
businesses. The desired outcomes would be to help them start, grow, and expand into our
community by reducing barriers to entry, and promoting community services and economic
development in the City of Yelm—all of which are needed.
The idea to strengthen support for local businesses and the concept of creating a small office
incubator space at the old City Hall received some pushback from City Council members who thought
this would be more appropriate to do at the Chamber of Commerce. We were asked to reach out to
them and see if this is possible and we received the following reply: "It's just not feasible for us to
create this space as a small business incubator. While we don't have the capacity to house this
space, please know we are happy to be involved in whatever way makes the most sense for us as an
organization, and would welcome any new business into our community and membership."
REQUIRED RESOURCES NOTES
No additional financial resources would be required from the City, as the tenants would be
responsible for making modifications to the interior of the building for their specified uses, whichever
they determine those to be in the timeframe that works best for them. The City would continue to be
responsible for maintaining and servicing the exterior aspects of the building, including but not
limited to the roof, exterior walls, landscaping, etc.
Choose a building block
General Government Committee Members: Cody Colt, Tracey Wood, and Tad Stillwell.
Page 2 of 2
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City of
WASHINGTON
CITY OF YELM
RESOLUTION NUMBER No. 598A
Whereas in May 1975, the building located at 105 West Yelm Avenue was
constructed and dedicated as Yelm City Hall; and
Whereas over the course of history, the building has been used as City Hall, the City
Court, and the City Library; and
Whereas The City of Yelm purchased an existing building and adjacent land in May
2018 for the relocation of City Hall to provide more effective customer service, and to
improve organizational integration and alignment; and
Whereas options for utilizing the former City Hall building have been discussed at
several public meetings; and
Whereas community organizations and residents have been invited and are
continually encouraged to share ideas for repurposing the former City Hall building, both in
person and on social media; and
Whereas the new City Hall opened in January 2019, prompting the City Council to
delegate the evaluation, refinement of options, and next steps for utilizing the former City
Hall building to the General Government Committee in February 2019; and
Whereas despite the need to help attract and help new businesses start up in Yelm,
the City Council desires to focus repurposing the former City Hall building for community
services, contrary to the proposal of the General Government Committee; and
Now THEREFORE BE IT RESOLVED by the City Council of the City of Yelm, the Yelm City Council
authorizes Mayor JW Foster to enter into lease agreements, memorandums of
understanding, cost sharing agreements to utilize the space with minimal financial impact to
the partner organization without gifting public funds, and all other necessary collaborations
with partner organizations and potential leases to create the following:
Yelm Boys & Girls Club: A partnership with Thurston County Boys & Girls Club.
Yelm Veterans Service Center: A collaboration with the Lacey Veterans Service Center, and
state and local veterans service organizations.
Approved this day of , 2019
JW Foster, Mayor
Attest:
Lori Lucas, City Clerk/HR Manager
Page 2 of 2
City of
WASHINGTON
S'�r,
CITY OF YELM
RESOLUTION NUMBER No. 598B
Whereas in May 1975, the building located at 105 West Yelm Avenue was
constructed and dedicated as Yelm City Hall; and
Whereas over the course of history, the building has been used as City Hall, the City
Court, and the City Library; and
Whereas the City of Yelm purchased an existing building and adjacent land in May
2018 for the relocation of City Hall to provide more effective customer service, and to
improve organizational integration and alignment; and
Whereas options for utilizing the former City Hall building have been discussed at
several public meetings; and
Whereas community organizations and residents have been invited and are
continually encouraged to share ideas for repurposing the former City Hall building, both in
person and on social media; and
Whereas the new City Hall opened in January 2019, prompting the City Council to
delegate the evaluation, refinement of options, and next steps to the General Government
Committee in February 2019; and
Whereas at the March 2019 City Council Study Session, the General Government
Committee presented a vision to create a start-up space or incubator for organizations
supporting youth, veterans, and new businesses to help them start, grow, and expand into
our community by reducing barriers to entry, and promoting community services and
economic development in the City of Yelm; and
Now THEREFORE BE IT RESOLVED by the City Council of the City of Yelm, the Yelm City Council
authorizes Mayor JW Foster to enter into lease agreements, memorandums of
understanding, cost sharing agreements to utilize the space with minimal financial impact to
the partner organization without gifting public funds, and all other necessary collaborations
with partner organizations and potential leases to create the following:
Yelm Boys & Girls Club: A partnership with Thurston County Boys & Girls Club.
Yelm Veterans Service Center: A collaboration with the Lacey Veterans Service Center, and
state and local veterans service organizations.
Yelm Center for Business & Innovation: A collaboration with the Thurston County Economic
Development Council, and both Thurston County and Yelm Chambers of Commerce.
Approved this day of , 2019
JW Foster, Mayor
Attest:
Lori Lucas, City Clerk/HR Manager
Page 2 of 2