08 13 2019 Agenda PacketCITY OF YELM
Washington
CITY COUNCIL AGENDA
8/13/2019
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) Minutes: 06-04-19 Study Session, 06-11-19, 07-02-019 Study Session, 07-09-19 & 08-06-19 Study
Session
b) Council Voucher Approval for June 2019 $1,290,674.01
G. NEW BUSINESS
a) Professional Services Agreement - WHIP Pacific Inc. - Mill Road Sidewalk Project
Authorize Mayor J.W. Foster to sign a Professional Services Agreement with WHPacific, Inc. in the not to
exceed amount of $ 89,937.00 for environmental and engineering design services for the Mill Road
Sidewalk project.
7. OLD BUSINESS
a) None Scheduled
8. UPDATES
a) Departments — Michael Grayum, City Administrator
b) Councilmembers
c) Mayor JW Foster
9. EXECUTIVE SESSION
a) None Scheduled
10. ADJOURN
106 2111 ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov
The City of Yelm is an equal opportunity employer and provider
MEETING INFORMATION
All regular Yelm City Council meetings are recorded. Meetings may be viewed at.www.velmwa.F-vov or a copy
maybe 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 EJ 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 2 of 2
YELM CITY COUNCIL STUDY SESSION
TUESDAY, JUNE 4, 2019 6:00 P.M.
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor JW Foster called the meeting to order at 6:00 p.m.
2. Present: Councilmembers: Terry Kaminski, Molly Carmody, Tad Stillwell and EJ Curry.
Tracey Wood arrived at 6:02 p.m. Joe DePinto arrived at 6:06 p.m.
Absent: Cody Colt.
Staff present: City Administrator Michael Grayum, Community Development Director Grant
Beck and City Clerk & HR Manager Lori Lucas.
3. Salary Commission Committee Report
Tracey Choate, Salary Commission Chair updated Council and the Mayor on decisions that
were made by the Salary Commission Committee regarding the Council and Mayor's salaries
and benefits. Council wage increase from $600 to $800 a month effective retroactive from
January 1, 2019. January 1, 2020, Council will receive a 2.25% COLA. The Mayor's salary will
remain the same and the Commission will meet in 2020 to evaluate an annual COLA for the
Mayor's position moving forward into the next biennial budget cycle.
Project Updates from City Administrator Michael Grayum
• Cochrane Park update -contractors will be digging test pits so part of the park will be
fenced off.
• Splash Pad and Playground Equipment project is on track to be completed by the Prairie
Days deadline.
• One of the buildings at the City Park will be removed. It is old and cannot be salvaged.
• The Fats, Oils and Grease (FOG) Program started today. The City will be working with
business owners to educate them about the program.
• Enterprise for Equity classes have been completed and an update will be given to
Council soon to determine if more classes will be scheduled.
• KIRO News team was here and interviewed the Chief of Police and the City
Administrator regarding the cameras that have been put up at City Park that notify
Police Officers of activity in the Park.
4. Mayors Report —
Mayor Foster attended the Economic Development Council Awards Ceremony. There are tickets
to Emerald Downs for the employees and their spouses. Please contact Dana if you would like
to attend. The AWC Annual Conference is June 25-28 in Spokane. The Council is strongly
encouraged to attend the conference. There will be no business items scheduled for the June
25th Council meeting so the meeting may be cancelled depending on Council attendance.
5. Council Initiatives
Councilmember Stillwell will bring proposed changes to the code for Council consideration
soon.
Councilmember DePinto the Homelessness Task Force has held two meetings and is working
on the needs assessment, funding models and an action plan. Councilmember DePinto would
like to make changes to the Business and Occupation Tax Code. He will bring a
recommendation to Council later in the year.
June 4, 2019
Page 1
Councilmember Carmody met with Director of Community Development regarding recording
the Council meetings and Study Sessions. She is still gathering information.
Community Development Director Grant Beck updated the Council and Mayor regarding the
email received from the Washington State Department of Transportation and the property
along the new loop in the Mountain Shadow development.
Adjourn 6:49 p.m.
Attest:
JW Foster, Mayor
June 4, 2019
Page 2
Lori Lucas, City Clerk
YELM CITY COUNCIL
TUESDAY, JUNE 11, 2019 MINUTES
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor JW Foster called the meeting to order at 6:00 p.m.
Roll Call Present: EJ Curry, Cody Colt, Tad Stillwell, Tracey Wood, Joe DePinto,
Terry Kaminski and Mayor JW Foster. Molly Carmody arrived at 6:02 p.m.
2. Agenda Approval
19-046 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED.
SECONDED BY EJ CURRY. 7-0, MOTION CARRIED.
Special Presentations -
Student of the Month - Sophia Lydon
Student of the Year - Hannah Jenny
Youth Council updated the Mayor and Council on their created bylaws.
4. Public Comment -
Scott Bannister spoke about opening the old jail for the homeless. He will be
working with Thurston County Sheriff John Snaza and Mr. Bannister will come to
Council in the future asking that the City contribute funds to help cover the cost.
James Blair wanted to know why $200,000 was appropriated in the State budget
for an incubator space that was not approved by Council.
19-047
6.
a
19-048
b.
19-049
6-11-19
Consent Agenda
a. Council voucher approval for May 2019 $2,615,315.94
b. May 28, 2019 Minutes
c. Yelm City Park Request - Annual Jazz Festival - August 3-4.
d. Yelm City Park Request - Annual Prairie Days Event - June 28-30.
e. Yelm City Park Request - Yelm Chamber BBQ Rally Event - July 6
MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA AS
PRESENTED. SECONDED BY EJ CURRY. 7-0, MOTION CARRIED.
New Business
Confirmation of Historic Preservation Commission Appointment
MOTION BY MOLLY CARMODY CONFIRMING MAYOR FOSTER'S
APPOINTMENT OF JESSE KELLEMS TO THE YELM HISTORIC
PRESERVATION COMMISSION. SECONDED BY TRACEY WOOD. DEPINTO
ABSTAINED 6-1, MOTION CARRIED.
Ordinance No. 1053, Comprehensive Emergency Management Plan (CEMP)
MOTION BY JOE DEPINTO APPROVING ORDINANCE NO. 1053 FORMALLY
ADOPTING THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED.
Old Business - none scheduled
8. UPDATES—
City Administrator Michael Grayum —
• The Public Safety Building will be a cooling center for those in need,
Monday -Friday, 8:00 am -5:00 pm.
• Playground equipment has been installed at the City Park and rubber chips
will be added on June 26, 2019.
• Cochrane Park testing will be done on Monday.
• The Salary Commission made their determination and presented it to the
Mayor and Council at the June 4, 2019 Study Session. The documents are
on the City website.
• Lease agreement has been signed for the old City Hall and the Boys and
Girls Club will be fundraising to remodel the building to fit their needs.
• Chat with the Chief is Wednesday, June 12, 2019, 1:00 pm at Mr. Doug's
Restaurant.
• Executive Seminar is Monday, June 17 in Tumwater at the Emergency
Operations Center.
• Sergeant Adam Wood is retiring this month and we will be celebrating with
a BBQ at the Community Center on Tuesday, June 18tH
• "Prairie Days" are June 28-30 at the Yelm City Park and Community
Center.
• BBQ Rally Event, Pump Track, BMX Rally will be July 6 at the Yelm City
Park, and the Yelm Skate Park.
• Jazz Festival is August 3-4 at the Yelm City Park.
• National Night Out is August 6, 2019 at 5:00 pm at the Yelm Community
Center.
• City News Letter "This week in Yelm" is posted on the website for May.
Councilmember Curry attended a meeting with the Boys and Girls Club, Solid
Waste Advisory Committee meeting, South East Thurston Fire Authority meeting
and the Yelm Farmer's Market.
Councilmember Carmody attended the Intercity Transit Authority meeting and
the Yelm Planning & Economic Development Committee meeting.
Councilmember Colt attended the Yelm Farmer's Market and reminded everyone
that school will be out next Friday.
Councilmember Wood attended the TCOMM 911 meeting, the Yelm Farmer's
Market and the Yelm Chamber Luncheon.
Councilmember DePinto spoke to several business owners, attended an
Association of Washington Cities Webinar and will be attending another webinar
through AWC.
Mayor Foster attended the Yelm Farmer's Market, and reported that the old
shelter at the Yelm City Park has been removed, donated flower baskets from
Jason's Greenhouse have been hung around the city and Public Works is hoping to
get the tubes back up in time for Flag Day this Friday. The American Legion Hall
will hold a ceremony at 2:00 pm this Friday to properly retire worn flags. Mayor
Foster asked that Council respond to the City Clerk's email regarding the
upcoming Council meeting.
6-11-19
9. Executive Session - none scheduled
19-050 MOTION BY CODY COLT TO ADJOURN. SECONDED BY MOLLY CARMODY.
7-0, MOTION CARRIED.
10. Adjourned at 7:12 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.
6-11-19
YELM CITY COUNCIL STUDY SESSION
TUESDAY, JULY 2, 2019 6:00 P.M.
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE SE
YELM, WA
1. Mayor JW Foster called the meeting to order at 6:00 p.m.
2. Present: Councilmembers: Terry Kaminski, EJ Curry, Tad Stillwell, Tracy Wood and Joe
DePinto.
Absent: Councilmembers Cody Colt and Molly Carmody.
Staff present: City Administrator Michael Grayum, Community Development Director Grant
Beck, Police Chief Todd Stancil, Sergeant Rob Carlson, Public Works Director Chad
Bedlington and HR Specialist Karen Bennett.
3. a. TCOMM IGA and Bylaws Review
Police Chief Todd Stancil presented a summarization of the original Intergovernmental
Agreement for Communications Services which was signed by the City of Yelm in 2010.
This contract is good for 30 years and there is no change to the contract or any vote coming
to Council regarding this agreement. Because of Senate Bill 5272, which increases the
maximum tax rate for the voter -approved local sales and use tax for emergency
communications systems and facilities, part of the Senate Bill's requirement prior to it going
to the voters is that each entity that is part of this contract, including Yelm, has the
opportunity to agree with or recommend any changes to the existing contract. Chief Stancil
explained that this is just a verbal agreement, nothing formal or nothing signed. After this
discussion I will email Keith Flewelling and will let him know that our Council is in support
and does not have any recommended changes on the agreement. This is all we are doing.
We are not endorsing the sales tax hike and we are not changing the existing contract.
Council members present agreed with the existing contract from 2010 and had no
recommendations.
3. b. Annual 6 -Year Transportation Improvement Program (TIP)
Public Works Director Chad Bedlington gave a presentation on the Annual 6 -Year
Transportation Improvement Program (TIP). Updating the Council to provide ample time to
review before the Public Hearing at the July 23, 2019 Yelm City Council meeting.
4. Mayors Report — Attended AWC Conference in Spokane and said it was one of the best
conference presentations. Thanks to City staff and community members for a very
successful Prairie Days Event.
5. Council Initiatives
Councilmember DePinto requested access to a City Hall conference room for a Homeless
Task Force meeting on July 16, 2019.
Adjourn 6:51 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, JULY 9, 2019 MINUTES
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor JW 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, Terry Kaminski and Mayor JW Foster.
2. Agenda Approval
19-051 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED.
SECONDED BY EJ CURRY. 7-0, MOTION CARRIED.
3. Special Presentations - none scheduled
4. Public Comment -
Jo Wendi Karelja spoke about the intersection at Yelm Avenue and Bald Hills Road
at the AM/PM. She would like a sign installed that states "no left turn into AM/PM".
5. Consent Agenda
a. Added-Yelm City Park Request - Mermaid Festival - July 20, 2019.
19-052 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA WITH
THE ADDITION OF THE MERMAID FESTIVAL CITY PARK REQUEST.
SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED.
6. New Business
a. Public Hearing Six -Year Transportation Improvement Program (TIP)
Mayor Foster opened the Public hearing at 6:09 pm. Public Works Director Chad
Bedlington gave a presentation and explained the projects on the TIP.
Council asked questions. No comments from the public.
b. 2020-2025 Six -Year Transportation Improvement Program
19-053 MOTION BY MOLLY CARMODY ADOPTING RESOLUTION NO. 600,
ESTABLISHING THE 2020 TO 2025 SIX-YEAR TIP FOR THE CITY OF YELM.
SECONDED BY JOE DEPINTO. 7-0, MOTION CARRIED.
7. Old Business - none scheduled
8. UPDATES -
City Administrator Michael Grayum -
The Nisqually Valley BBQ Rally on July 6t" was a great event along with the
BMX competition and the Pump track demo. These events were well
attended.
The fencing will remain up at the Yelm City Park to protect the new sod
grass that has been installed. Testing and training for the new Splash Pad
will be done within the next few days and the park could be shut down
intermittently during testing. The fences will all come down on July 19,
2019.
7-9-19
The 2018 Water Quality Report has been published and sent out to our
water consumers.
The Finance Committee meeting has been moved to August.
Michael Grayum represented Yelm at the Regional Housing & Infrastructure
Forum on Monday in Bellevue sponsored by Association of Washington
Cities.
Councilmember Curry attended the Solid Waste Advisory Committee meeting,
Prairie Days events, and Rotary bag packing for kids at the Senior Center and was
a judge for the Nisqually Valley BBQ Rally.
Councilmember Carmody attended the Prairie Days events and reminded
everyone that the Seattle to Portland Bike Ride will take place this weekend.
Councilmember Carmody would like to discuss Fireworks at the next Study
Session.
Councilmember Colt attended the Nisqually Valley BBQ Rally last Saturday.
Councilmember Wood attended the Nisqually Valley BBQ Rally.
Councilmember DePinto attended the Nisqually Valley BBQ Rally and the
Homelessness Task Force will meet next Tuesday. Councilmember DePinto stated
that Seasonal employee Dillon Pflugmacher did a great job on Saturday helping at
the event.
Councilmember Kaminski attended the Yelm Planning & Economic Development
Committee meeting, the Thurston Thrives meeting, the Prairie Days events, the
Nisqually Valley BBQ Rally and the Yelm Chamber Member Appreciation Luncheon.
Mayor Foster attended the community events and stated they were all awesome
and they brought citizens together. Mayor Foster echoed Councilmember DePinto's
remarks about Dillon Pflugmacher. There were approximately 2,000 people that
attended the Prairie Days Parade on Saturday, June 29th. Upcoming events
include: the Mermaid Festival on July 20, 2019 at the Yelm City Park, Seattle to
Portland Bike Ride this weekend and Jazz Festival at the Yelm City Park on August
2 & 3. Mayor Foster attended a great conference put on by Association of
Washington Cities in Spokane last week of June.
9. Executive Session - none scheduled
19-054 MOTION BY CODY COLT TO ADJOURN. SECONDED BY MOLLY CARMODY.
7-0, MOTION CARRIED.
10. Adjourned at 7:03 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.
7-9-19
YELM CITY COUNCIL STUDY SESSION
TUESDAY, AUGUST 6, 2019 6:00 P.M.
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE SE
YELM, WA
1. Mayor JW Foster called the meeting to order at 6:00 p.m.
2. Present: Councilmembers: Terry Kaminski, EJ Curry, Tracey Wood, Joe DePinto and
Cody Colt. Molly Carmody arrived at 6:08 p.m.
Absent: Tad Stillwell.
Staff present: Public Works Director Chad Bedlington and City Clerk & HR Manager Lori
Lucas.
3. a. Keith Flewelling-Public Safety Radio System — 20 minutes - CANCELLED
3. b. Splash Pad/Playground Equipment Financial Update
Public Works Director Chad Bedlington handed out a project cost update for the new Splash
Pad and the Playground Equipment. The handout gave details where the funds came from
for the project. There was discussion of the splash pad and the associated costs with
maintenance and operations.
3. c. Fireworks discussion
Council discussed different options of days and hours for fireworks in the city limits. Mayor
Foster suggested that a recommendation on possible reduced days and hours for fireworks
go to the General Government Committee and then Town Hall meetings will be scheduled
for public comment. Councilmember DePinto will draft an ordinance for the General
Government Committee to review.
4. Mayors Report —
The Seattle to Portland (STP) Bicycle Ride went well, the Mermaid Festival was a success,
Thurston County Fair was last week, the Jazz Festival was a huge success, and we are very
close to moving the Council meetings over to the new building. The next Study Session will
be held in the new building. Mayor Foster updated Council on Michael Grayum's medical
condition.
Mayor Foster would like the Council consensus on the Joint School Board meeting in
September. Council will hold their regular meeting on September 10th and any
Councilmembers that would like to attend the School Board meeting is encouraged to attend
on September 12th. The Triad Theater will be putting a mural of Mount Rainier on the side of
their building.
5. Council Initiatives
Councilmember DePinto suggested the City purchase secure mailboxes for all city
residents. The citizens would reimburse the city for costs associated with the mailboxes.
Councilmember DePinto will bring information forward to the General Government
Committee for their review.
Councilmember Carmody would like an update from Johnson Controls. Public Works
Director will update Council at the next Study Session. Councilmember Carmody would like
staff from Johnson Controls to attend. Councilmember Carmody would also like to discuss
the contract with lobbyists and identify priorities for Yelm at the Study Session.
Councilmember Carmody asked about additional sail shades for the playground equipment.
Councilmember Kaminski connected with Thurston County Housing Authority and they
are looking to build federally funded affordable housing units in Yelm. Councilmember
Kaminski was approached by an unhappy business owner regarding the sign ordinance.
Councilmember Curry stated that SE Thurston Fire Authority would like to give a
presentation on an upcoming bond before Council at an upcoming Study Session.
Councilmember Wood said there is a lot of talk in the community about wanting a dog
park in the city of Yelm.
Councilmember Colt suggested a crosswalk be installed between the skate park and the
city park on State Route 507.
6. "Yelm 101"
Mayor Foster explained that Yelm 101 has been added to the Study Session Agenda for
short future presentations on aspects of city government to update and educate Council.
Adjourn: 7:52 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.
VOUCHER APPROVAL FORM
The following is a list of payments approved at Tuesday, August 20th council meeting:
Mayor
Payroll June Total Expense
A/P Checks, EFTS, & Drafts
Excise Tax - May paid in June
TOTAL
Timberland Bank Checks Issued 6/1/2019 through 6/30/2019:
Check number 3489 through check number 3658.
Council member Council member
Council member Council member Council member
Council member Council member
CITY CLERK:
ATTEST:
The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment
passed on a motion by at a regular council meeting held
this 20th day of August 2019.
514,663.84
754,332.24
21,677.93
1,290,674.01
VOUCHER APPROVAL FORM
The following is a list of payments approved at Tuesday, July 23rd council meeting:
Payroll April Total Expense $ 514,663.84
A/P Checks, EFTS, & Drafts $ 754,332.24
Excise Tax - May paid In june $ 21,6]].93
TOTAL $ 1,290,674.03
Timberland Bank Checks Issued 6/1/2019 through 6/30/2019:
Check number 3489 through check number 3658.
Mayor
Con member Council er
'-)A Z I
[oundl membe Council member Cou member
Council a er 4Councilmembe,
CITYCLERK:
ATTEST: KAYQn n fNRSpec�itl,�s
The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for Payment
passed on a motion by at a regular council meeting held
(i a� L3, 20M .
To: Mayor J.W. Foster
Yelm City Council
EST. 1924
WASHINGTON
"Proudly Serving Our Community"
From: Patrick T. Hughes, P.E.
Public Works Programs & Projects Manager
Date: August 6, 2019 (for August 13, 2019 City Council Meeting)
Subj: Professional Services Agreement - WHPacific, Inc.
Design Engineering Services - Mill Road Sidewalk
Attach: Professional Services Agreement
Exhibit A - Scope of Work (WHPacific, Inc.)
Exhibit B - Consultant Fee Estimate (WHPacific, Inc.)
Recommendation
Authorize Mayor J.W. Foster to sign a Professional Services Agreement with WHPacific, Inc. in the not
to exceed amount of $ 89,937.00 for environmental and engineering design services for the Mill Road
Sidewalk project.
Background
The Mill Road Sidewalk project is listed in the 2019-2024 6 -Year Capital Improvement Program. This
project is needed to improve safety for pedestrians and students traversing Mill Road SE near
Ridgeline Middle School and Mill Pond Elementary School. There is a gap in the sidewalk system
between the intersection of 104th Way SE and 107th Loop SE along the front of Mill Pond Elementary
School.
It is anticipated that this project will include the construction of approximately 1,130 feet of a new
ADA -compliant shared use walkway, a planter strip and vertical curb and gutter along the west side of
Mill Road SE from the intersection of 104th Way SE south to the intersection of 107th Loop SE.
Additionally, the project may include minor illumination improvements and crossing enhancements will
be added to improve overall visibility and safety through the corridor.
In May 2019, a Request for Qualifications was issued for the design of the Mill Road Sidewalk project.
Statements from six (6) well-qualified firms were received on May 31, 2019. A committee was formed
to evaluate, score and rank each firm based on seven (7) qualification criteria. The committee selected
WHPacific as the most qualified firm for the design phase of this project.
Recently, the City re-applied for funds through the Transportation Improvement Board's Urban
Sidewalk Program for the construction phase only. TIB project evaluations will take place in September
and October, and a final project selection list will be presented to Board on November 21, 2019.
Current Situation
In order to prepare a Professional Services Agreement, the City has requested, and received, a Scope
of Work and a Consultant Fee Estimate from WHPacific for completion of the engineering design
services for the proposed Mill Road Sidewalk. It should be noted that this agreement does not include
construction management services, as such a scope of work cannot be determined until after design
has been substantially completed. It is desired to complete the environmental studies and begin the
design of the sidewalk this summer, and target a bid date of early spring 2020. Construction of the
sidewalk would begin as soon as school is dismissed for Summer 2020.
The cost for completion of the environmental and engineering design of this project will come from the
Road and Street Construction Fund (316) included in the approved 2019-2020 budget.
Staff recommends approval to authorize Mayor Foster to sign the attached Professional Services
Agreement with WHPacific in the not to exceed amount of $ 89,937.00 for engineering design services
for the proposed Mill Road Sidewalk.
Page 2 of 2
Es,f.1924
WASHINGTON
"Proudly Serving Our Community'
PROFESSIONAL SERVICES AGREEMENT FOR
MILL ROAD SIDEWALK
This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington
municipal corporation ("City"), and WHPacific, 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:
WHPACIFIC, INC.
Jerry Liu, P.E., PTOE, Project Manager
19201 1201' Avenue NE
Suite 201
Bothell, WA 98011
(425) 951-4800 (telephone)
(425) 951-4808 (facsimile)
jliukwhpacific.com
The Parties agree as follows:
CITY OF YELM
Patrick T. Hughes, P.E.
Public Works Programs & Projects Manager
106 Second Street SE
Yelm, WA 98597
(360) 458-8499 (telephone)
(360) 458-8417 (facsimile)
patrickhkyelmwa.gov
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, 2020 ("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",
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
H\—Street Department\ --Sidewalks & Trails Projects\2019 Mill Road Sidewalk\5 Design\Consultant (VJHPacific)AAgeement & ScopeA 2019-07-25 - PSA (WHPacific) - Mill Road
Sidewalk.docx
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 a
maximum amount and according to a rate or method as delineated in Exhibit "B", 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 parry under workers' compensation acts, disability benefit acts or any other benefits acts or
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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 subconsultants 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 contractors, 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.
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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 CONTRACTOR. The Parties intend that the Consultant shall be an independent
contractor 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 subcontractors 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,
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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 subcontractors of any level, or any of those entities' employees,
agents, subcontractors, 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.
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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]
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IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF YELM ATTEST:
— fs�gnature on filel
City Attorney, Brent Dille
WHPACIFIC, INC.
By:
Printed Name:
Title:
Date:
STATE OF WASHINGTON)
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
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
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JW Foster, Mayor
City Clerk, Lori Lucas
DATE:
APPROVED AS TO FORM:
— fs�gnature on filel
City Attorney, Brent Dille
WHPACIFIC, INC.
By:
Printed Name:
Title:
Date:
STATE OF WASHINGTON)
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
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
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IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
r .v T M ATTFQT-
fsi¢nahwe on file
City Attorney, Brent Dille
STATE OF WASHNGTON )
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COUNTY OF Kt.t,A___)
On this day personally appeared before me T to me known to be
the OD¢vet.T%pat, YYtaraAL�Gf 1Aiii AGc%u*J 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 s this _ day of`
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Foster, Mayo
ty Clerk, Lori Lucas
DATE: 8
APPROVED AS TO FORM:
Notary Public in and for the State of Washington.
fsi¢nahwe on file
City Attorney, Brent Dille
STATE OF WASHNGTON )
M.
COUNTY OF Kt.t,A___)
On this day personally appeared before me T to me known to be
the OD¢vet.T%pat, YYtaraAL�Gf 1Aiii AGc%u*J 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 s this _ day of`
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EXHIBIT "A"
SERVICES
WHPACIFIC
SCOPE OF WORK
City of Yelm
Mill Road Sidewalk
The work to be accomplished under this agreement will be for WHPacific, Inc.
(CONSULTANT) to provide engineering design services for the City of Yelm (CITY).
Services include the production of Plans, Specifications and Engineer's Estimate (PS&E) for
sidewalk improvements along the west side of Mill Road between 104th Ave SE and 107th
Loop SE, connecting Mill Pond Elementary School and Ridgeline Middle School to the
existing sidewalk north of 104th Ave SE. The project will include the following elements:
1) Construction of approximately 1150 linear feet of curb, gutter, sidewalk, and amenity
strip to fit within the existing right of way.
2) Construction of ADA -compliant curb ramps, per PROWAG.
3) Installation of stormwater facility to support the proposed sidewalk improvements.
The project design and PS&E will be based upon the following standards:
1) WSDOT Local Agency Guidelines
2) WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2016)
3) WSDOT Standard Plans
4) Department of Ecology Current Stormwater Manual for Western Washington Low
Impact Technical Guidance Manual for Puget Sound
5) City of Yelm Design Guidelines
The CONSULTANT and the CITY have prepared the following detailed scope of services for
this project:
1.0 PROJECT MANAGEMENT
The CONSULTANT will provide project management and administration during the design
phase of the project, to include:
1.1 General Project Management — The CONSULTANT will develop and
maintain project scope and budget, coordinate with CITY staff, coordinate and
review the project team's work, maintain project files, and conduct project team
meetings to coordinate project activities.
1.2 Progress Report / Invoices — The CONSULTANT will prepare and submit
progress reports/ invoices to the CITY monthly.
1.3 Quality Control Reviews — The CONSULTANT will perform quality review
checks prior to submittal of work to the CITY.
1.4 Field Review/Scoping Meeting - The CONSULTANT will conduct one (1) site
visit with the CITY staff to have a clear understanding of the Scope of Work.
Any changes to the Scope of Work will be identified and resolved.
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1.5 Project Coordination Meetings - The CONSULTANT will attend up to two
(2) project coordination meetings at the Yelm Public Works Department, in
conjunction with the design submittal reviews. The CONSULTANT will
prepare meeting notes and distribute to all meeting participants.
2.0 TOPOGRAPHIC SURVEY AND BASEMAP
2.1. Utility Coordination
a. Review utility as -built records to assist in mapping utility lines.
b. WHPacific will hire and coordinate with a utility locate company, Applied
Professional Services (APS), to perform a Quality Level B locate service of the
site per ASCE Standard Guidelines for the Collection and Depiction of Existing
Subsurface Utility Data, Cl/ASCE 38-02.
c. Coordinate with existing utility providers and the CITY to get copies of existing
utility record drawings.
2.2 Horizontal and Vertical Control
Locate and utilize the existing City of Yelm/Thurston County horizontal and vertical
data. NAD 83/91 for horizontal and NAD29 for vertical control used in the prior
surveys.
2.3. Right of Way Survey
a. Locate and identify existing right of way lines.
b. Include bearings and distances for each roadway and property line will be shown
on the survey map.
c. Include location of street monuments and controlling elements used on the survey,
subdivision, plat, WSDOT plans and property monuments and other information
necessary to calculate the right-of-way/boundary position.
d. Review and analysis of property deeds and record documents that are provided by
the CITY along with research maps and documents from Thurston County
Recorders' on-line information.
e. Include easements or servitudes of public record provided by the CITY.
2.4. Roadway Topographic Survey
a. Roadway survey from the eastern right of way line to 10-15 feet beyond the
existing west side right of way for Mill Road SE between 104th Ave SE and 107th
Loop SE.
b. Include measurements and features within the survey limits as follows:
(1) Locations and elevations of surface types and features including sidewalks,
curb and gutter, driveways, curb ramps, road pavement, striping,
crosswalks, concrete slabs, high and low spots, drainage swales, equipment
foundations, etc.
(2) Storm drainage: catch basins and manholes, including pipe size, material
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and upstream and downstream invert elevations; culverts, including pipe
size, material and upstream and downstream invert elevations. Locate
water surface elevations if higher than invert of pipe.
(3) Sanitary sewers: manholes, including pipe size, type and invert elevations;
weir elevations, rims and structure inverts.
(4) Water: valves, fire hydrants, PIV's, services, including pipe size as noted
on as -built plans provided by the utility providers.
(5) Dry utilities: gas, power, TV, telephone, fiber optic, plus valves, risers,
vaults, etc. including size and type, plus valves, risers, etc. found or as
noted on as -built plans provided by the CITY.
(6) Surface features: overhead power lines and marked underground utility
lines, ground -level exterior building corners, vaults, power poles,
walkways, retaining walls, signs, hand rails, paths, parking stripes, and
parking areas.
(7) Natural/Landscape: planters, significant isolated trees (four inches in
diameter and larger as measured at breast height) with generic tree
description and shrubs.
2.5. Mapping
a. Transfer field data to AutoCAD Civil 3D using City of Yelm/WHPacific CAD
Standards. Show right of way, Horizontal and Vertical Control information along
with site survey notes.
b. Incorporate as -built records research records and information provided by the
CITY into the base map.
2.6. Quality Control
a. Conduct QA/QC reviews of the survey and base map elements on an on-going
basis and a plan -in -hand walkthrough at the completion of the field work.
b. Perform work under the supervision and approval of a licensed Professional Land
Surveyor (PLS). The licensed surveyor shall review and approve the survey
information and drawings for completeness.
Assumptions
1. The CITY will provide any utility as -built or design drawings of the site showing
the utility services on site.
2. The survey will be based upon the existing City of Yelm/Thurston County
horizontal and vertical data. NAD 83/91 for horizontal and NAD29 for vertical
control used in the prior surveys.
3. The survey will be prepared in US Survey feet units.
4. The CITY will arrange for and coordinate survey team access to the project site.
5. Trees greater than four inches DBH will be located and mapped using their
common name.
6. Survey mapping will be developed at one -foot contour intervals. Measurements
will be taken on an approximate 25 -foot grid. Elevations will be shown by
contours lines and key spot elevation points.
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Deliverables:
a. Engineering basemap AutoCAD Civil 3D files 2017 per City of Yelm/WHPacific
Standards.
3.0 60% DESIGN
3.1 60% Plans - The CONSULTANT will skip the preliminary design and start
60% design directly. The 60% Plans will be prepared at F=20' scale (full size
plan sheet) using AutoCAD Civil 3D 2014 software, WHPacific and City of
Yelm CAD standards.
The following is an anticipated sheet count for the plans:
Sheets Description
1 Cover Sheet/Vicinity Map/Sheet Index
1 Legend/Abbreviations/Notes
2 Survey Alignment / Control Plan
3 Site Preparation / Erosion Control Plan
1 Typical Sections
3 Paving & Drainage Plans
3 Illumination Plan
1 Driveway Plan & Profile
1 Curb Ramp Details
3 Landscaping Plan and Details
19* TOTAL
* Note sheet numbers are estimates.
3.2 60% Engineer's Estimate. The CONSULTANT will identify standard and
non-standard bid items, and will provide itemized quantity calculations for all
contract bid items. An engineer's estimate of construction costs will be
prepared.
3.3 60% Specifications. The CONSULTANT will prepare project specifications.
Specifications will follow the 2019 WSDOT/APWA Standard Specifications for
Road, Bridge, and Municipal Construction, and WSDOT LAG manual
requirements. The CONSULTANT will prepare project specific special
provisions and incorporate relevant WSDOT General Special Provisions to
specify work not covered in the Standard Specifications.
3.4 Drainage Analysis and Report. The CONSULTANT will perform a draft
drainage analysis and report based on DOE Stormwater Manual for Western
Washington Low Impact Technical Guidance Manual for Puget Sound.
3.5 Utility Coordination - The CONSULTANT will complete the following:
• Contact Utility Owners to obtain record drawings. Utilities will include
water, sanitary sewer, drainage (City of Yelm), gas, power (PSE), and
communications (Comcast, Fairpoint).
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• Identify potential conflicts and coordinate with utility companies.
3.6 Geotechnical Analysis - The CONSULTANT's project engineer and
geotechnical engineer will walk the site with the CITY representatives to
determine locations for site exploration. The CONSULTANT will conduct a
limited assessment using particle -size data only of the local infiltration capacity
of subsoils encountered along the alignment.
• Mark exploration locations in the field and arrange utility locates.
• Conduct 5 test pit excavations along the project alignment, to a
maximum depth of 8 feet each, to provide recommendations for walls
and luminaire foundations.
• Conduct a limited assessment using particle -size data only of the local
infiltration capacity of subsoils encountered along the alignment.
• Prepare logs of test pit excavations.
• Conduct geotechnical analysis related to luminaire foundations and
retaining structures.
• Prepare a draft report presenting the results of the test pits along with
recommendations for luminaire foundations, retaining walls and
infiltration assessment.
• Finalize report upon receipt of review comments
The CONSULTANT will send the 60% Design to the CITY for review and comment.
Deliverables:
a. 60% Plans — 2 full size (22" x 34") copies
b. 60% Plans — 3 half-size (11" x 17") copies
c. 60% Estimate — 5 copies
d. 60% Specifications — 5 copies
e. Draft Drainage Report — 2 copies
f. Draft Geotech Report— 2 copies
4.0 NATIONAL ENVIRONMENTAL POLICY ACT DOCUMENTATION (NEPA)
CONSULTANT will prepare an Environmental Classification Summary (ECS) for use in
FWHA's NEPA determination for the project. It is assumed that the appropriate NEPA
mechanism for the project will be a Documented Categorical Exclusion (DCE). The following
tasks are included in the NEPA documentation. The CITY will prepare the APE:
4.1 Environmental Classification Summary. CONSULTANT will complete an
ECS for the project to address potential impacts to the environment from the
project.
4.2 Cultural and Historic Resources. A cultural resources study will be
conducted for the project area in compliance with Section 106 of the National
Historic Preservation Act. This will include a pedestrian survey supervised by
an archaeologist that meets the qualifications outlined by the Register of
Professional Archaeologists. Additionally, an architectural historian will review
records corresponding to the indirect area of potential effect for this
undertaking.
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4.3 Biological Assessment. CONSULTANT will prepare a Biological Assessment
(BA) for the proposed pedestrian improvements. The BA will cover the
Mazama pocket gopher and any other species required under state or federal
endangered species regulations. The BA will address the potential impact of the
project on listed and sensitive species and be provided to support related NEPA
related determinations.
Deliverable:
• Environmental Classification Summary
• APE letter
• Biological Assessment
5.0 90% DESIGN
The CONSULTANT will update the project design to the ninety (90) percent complete stage.
The CONSULTANT will complete the following tasks:
5.1 90% Plans. The CONSULTANT will develop project plans to the 90%
completion stage. The scale of the roadway plan and profile sheets (full size)
will be one inch equals twenty feet (1"=20'). The plans will be prepared using
AutoCAD Civil 3D 2014 software and WHPacific and City of Yelm CAD
standards.
5.2 90% Engineer's Estimate. The CONSULTANT will identify standard and
non-standard bid items, and will provide itemized quantity calculations for all
contract bid items. An engineer's estimate of construction costs will be prepared
based on 90% plan.
5.3 90% Specifications. The CONSULTANT will prepare project specifications.
Specifications will follow the 2019 WSDOT/APWA Standard Specifications for
Road, Bridge, and Municipal Construction, and WSDOT LAG manual
requirements. The CONSULTANT will prepare project specific special
provisions and incorporate relevant WSDOT General Special Provisions to
specify work not covered in the Standard Specifications. The CITY will
provide bid documents required for use in the specifications. Specifications will
be prepared in Microsoft Word format.
5.4 Final Drainage Report. The CONSULTANT will perform detailed drainage
analysis based on 60% drainage analysis and report, and update the drainage
report.
5.5 Comment Response. The CONSULTANT will review the CITY's 60%
review comments, and prepare responses to all comments.
5.6 Utility Coordination - Based on coordination with the utility companies, the
CONSULTANT will complete the following:
• Determine whether conflict resolution requires a design change or utility
relocation.
• Adjust design to minimize utility relocation, where feasible.
• Confirm locations that require utility relocation.
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• Coordinate with utilities to schedule the required relocation work.
The CONSULTANT will send the 90% Design to the CITY and WSDOT Local Programs for
review and comment.
Deliverables:
a. 90% Plans — 1 electronic copy (PDF)
b. 90% Estimate — 1 electronic copy (PDF)
c. 90% Specifications — 1 electronic copy (PDF)
d. Final Drainage Report — 1 electronic copy (PDF)
e. Comment resolution form — 1 electronic copy (PDF)
6.0 FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATES (PS&E)
Based on the CITY's review of the 90% Plans, the CONSULTANT will produce a final set of
Bid -Ready Plans, Specifications, and Cost Estimate. The CONSULTANT will complete the
following tasks:
6.1 Final Plans - The CONSULTANT will address CITY and WSDOT Local
Programs comments from the 90% review, and finalize the plans for bid
advertisement.
6.2 Final Cost Estimate - The CONSULTANT will address CITY and WSDOT
Local Programs comments from the 90% review, and finalize the cost estimate
for bid advertisement.
6.3 Final Contract Documents - The CONSULTANT will address CITY and
WSDOT Local Programs comments from the 90% review, and finalize the
contract documents for bid advertisement.
Final Plans and Specifications will be provided in electronic (Word, PDF and AutoCAD)
format, and in hard copy format. The CITY will upload the plans and specifications to
Builder's Exchange for distribution to Contractors.
Deliverables:
a.
Final Signed Plans —
1 electronic copy (PDF)
b.
Final Signed Plans —
1 full size (22" x 34") copies
c.
Final Signed Plans —
5 half size (11" x 17") copies
d.
Final Cost Estimate
— 1 copy
e.
Final Specifications
— 1 electronic copy (PDF)
f.
Final Specifications
— 7 hard copies
ASSUMPTIONS
1) The project design will be completed within seven (7) months of the signed notice to
proceed.
2) One (1) Invoice/Progress Report will be prepared per month.
3) The CONSULTANT will prepare construction plans in AutoCAD Civil 3D 2014
format.
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4) The CITY will provide contact information for all utilities located within the project
limits.
5) The project will not require additional right-of-way or permanent easement.
6) The CONSULTANT will distribute Contract Documents via Builder's Exchange.
SCHEDULE FOR COMPLETION
The CONSULTANT will begin work upon the CITY issuing a notice -to -proceed (NTP). NTP
is expected at the end of July 2019. The CONSULTANT will proceed with environmental,
survey and geotechnical review at the end of July 2019, and 60% design submittal in early
October 2019; 90% design end of November 2019; and the final design by January 2020.
OPTIONAL SERVICES
Upon written approval by the CITY, the CONSULTANT will provide engineering services
beyond this Scope of Work. Services may include additional meetings, adding additional or
increasing the existing design tasks, right-of-way acquisition services, construction
management and inspection services, geotechnical services, or other work deemed necessary
by the CITY. Such work will be specified in a written supplement to this agreement, which
will establish the scope and costs.
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EXHIBIT `B"
COMPENSATION
In consideration of the Consultant performing the Services, the City agrees to pay the
Consultant an amount calculated on the basis of the hourly labor charge rate schedule for
Consultant's personnel as shown in the attached schedule, "EXHIBIT B: CONSULTANT FEE
ESTIMATE". The total amount, including Washington State sales tax, shall not exceed
Eighty -Nine Thousand Nine Hundred Thirty -Seven and 00/100 Dollars ($89,937.00).
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EXHIBIT B: CONSULTANT FEE ESTIMATE
Client: City of Yelm
Project: Mill Road Sidewalk project
LABOR:
WHPacific
6/2 2019
TASK
NO.
Principal
TASK (Scope of Services)
Project
Manager
61.92 60.85
Project Designer
Engr.
34.61
CAD
44.30
Drainage
Engineer
66.00
Env.
Scientist2
46.35
WHPACIFIC PROJECT TEAM
Biologist Land
Surveyor
23.00 74.99
Party
Chief
33.00
Survey Admin Project
CAD (Clerical) Coord
42.00 18.50 37.50
TOTAL
HOURS
LABOR
COST
1.0
PROJECT MANAGEMENT
4
40
12
0
4
0
0
0
0
0 4 18
82
$ 7110
1.1
General Project Management and
Coordination
12
4
16
$ 880
1.2
Progress Report/ Invoices (7)
4
4 14
22
$ 842
1.3
Quality Control Reviews
16
8
4
28
$ 1,514
14
Field Review/Scoping Meeting (Kickoff
Meeting)
4
4
8
$ 491
1.5
Project Coordination Meetings (2)
4
4
8
$ 382
2.0
TOPOGRAPHIC SURVEY AND BASEMAP
0
0
0
0
0
0
0
6
40
76 0 0
122
$ 4,962
2.1
Horizontal& Vertical Control
1
8
12
21
$ 843
2.2
Right of Way
1
8
16
25
$ 1,011
2.3
Roadway topo su rvey
2
16
32
50
$ 2,022
2.4
Le
1
8
16
25
$ 1,011
2.5
Qry AC
'C
1
1
$ 75
3.0
60% Design
1
25
98
50
36
0
0
0
0
0 0 0
210
$ 9,566
3.2
60% Plans
4
40
40
4
88
$ 3,664
3.2
Design Criteria
4
16
20
$ 797
3.3
60% Estimates
8
16
24
$ 1,041
3.4
60% Specs
1
8
20
29
$ 1,241
3.5
Draiange Analysis and Report
1
4
8
32
45
$ 2,666
3.6
Utility Coordination
2
2
4
$ 158
4.0
NEPA
0
3
0
2
0
30
12
0
0
0 0 0
27
$ 1,011
4.1
ECS
1
0
8
8
17
$ 616
4.2
Cultural Resources
1
2
2
0
5
$ 242
4.3
BA
1
4
5
$ 153
6.0
100% PS&E
2
30
40
36
8
0
0
0
0 1 0
97
$ 4,258
6.1
100% Plans
4
16
32
8
60
$ 2,743
6.2
100% Estimates
2
8
10
$ 399
6.3
100% Specs
1
1 2 1
8
11
$ 461
6.4
Comment Response
1
2
8
4
1
1 1
16
$ 656
70
FINAL PLANS, SPECIFICATIONS AND
ESTIMATES
1
12
20
8
0
0
0
0 3 0
44
$ 1,894
7.1
Construction Plans
4
8
8
20
$ 875
7.2
Final Cost Estimate
4
4
1
9
$ 400
7.3
Final Contract Documents
1
4
8
2 1
15
$ 619
$ 25,801
Labor Subtotal
8
90
170
96
48
30
12 1
6 1
40
76 8 1 18
582
$ 25,801
Labor Subtotal
Overhead Percentage: 181.16%
Fixed Fee Percentage: 20.00%
Labor Total
$ 25,801
46,741
5,160
$ 77,702
EXPENSES:
ITEM
Mileage
Docu ment Copies
SUBCONSULTANTS:
SUBCONSULTANT
HWA Geotechnical
APS Utility Locates
QUANTITY
1500
1
FEE
$10,215
$ 850
Miles
LS
Unit
Cost
0.58
300
Mark
Up
1.00
1.00
Expenses Total:
Subconsultants Total:
EXPENSES
COST
$ 870
$ 300
$ 1,170
SUBCONSULTANT
COST
$ 10,215
$ 850
$ 11,065
PROJECT FEE SUBTOTAL
$ 89,937
I:\Marketing\2019\yelm\Mill Rd Fee Estimat Ak
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EXHIBIT "C"
INSURANCE
IT Department\ --Sidewalks & Trails Projects\2019 Mill Road Sidewalk\5 Design\Consultant (VVPPaciBc)AAgeement & ScopeA 2019-07-25 - PSA (WHPaciBc) - Mill Road
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YELM CITY COUNCIL
TUESDAY, AUGUST 13, 2019 MINUTES
PUBLIC SAFETY BUILDING
206 MCKENZIE AVE.
YELM, WA
1. Mayor JW Foster called the meeting to order at 6:00 p.m.
Roll Call Present: EJ Curry via phone, Molly Carmody, Cody Colt, Tad Stillwell,
Tracey Wood, Joe DePinto, Terry Kaminski and Mayor JW Foster.
2. Agenda Approval
19-055 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED.
SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED.
3. Special Presentations - none scheduled
4. Public Comment - none
5. Consent Agenda
a. Minutes: 06-04-2019 Study Session, 06-11-2019, 07-02-2019 Study Session,
07-09-2019, and 08-06-2019 Study Session
b. Council Voucher Approval for June 2019 $1,290,674.01
19-056 MOTION BY TRACEY WOOD TO APPROVE THE CONSENT AGENDA.
SECONDED BY MOLLY CARMODY. 7-0, MOTION CARRIED.
6. New Business
a. Professional Services Agreement - WHPacific Inc. - Mill Road Sidewalk Project.
Authorize Mayor JW Foster to sign a Professional Services Agreement with
WHPacific, Inc., not to exceed the amount of $89,937 for environmental and
engineering design services for the Mill Road Sidewalk Project.
19-057 MOTION BY MOLLY CARMODY TO AUTHORIZE MAYOR FOSTER TO SIGN A
PROFESSIONAL SERVICES AGREEMENT WITH WHPACIFIC, INC., NOT TO
EXCEED THE AMOUNT OF $89,937 FOR ENVIRONMENTAL AND
ENGINEERING DESIGN SERVICES FOR THE MILL ROAD SIDEWALK
PROJECT. SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED.
Old Business - none scheduled
8.
UPDATES -
City Administrator Michael Grayum (presented by Mayor Foster) -
The Boys and Girls Club is scheduled to be opening in 23 days. Andrew
Chase has been named Manager.
Splash Park is open and the Public Works Team has done a wonderful job
getting a balance to maintain safety during high usage. Hours of operation
are 10:00 a.m. thru 7:00 p.m., 7 days a week thru Labor Day.
Key crosswalks and stop bars on the streets in front of stop signs have
been painted. We prioritized the ones near all schools and others that
were significantly faded.
We are ready to start accepting applications for the Arts Commission
members, which community volunteer Steve Craig will be coordinating.
8-13-19
• City Council will not be joining the School Board in a joint meeting on
September 12, 2019 and Council will be holding their regular scheduled
Council meeting, September 10, 2019, in the new City Hall Council
Chambers.
Counclimember Curry Yelm Senior Center is scheduled to have one of their
three air conditioning units replaced on August 19, 2019. The next two other
units will be replaced over the next three years. Attended the Fire Commission
meeting and the Fire Commission will be at the next COY Study Session in
September to talk about applying for a grant plus running a bond for a new fire
station at Lake Lawrence.
Councilmember Carmody Will be attending Nisqually River Council Annual
Retreat on Anderson Island on August 16, 2019. Attended InterCity Transit
meeting with discussions on Zero Fair System. Would like to know when the
Council will be seeing a Budget Amendment on over -runs on Splash Park and
Playground Equipment.
Councilmember Colt attended Chamber Lunch today, August 13a and will be
attending Medic One meeting on August 21n.
Councilmember Wood attended National Night Out.
Councilmember DePinto attended Public Safety meeting and recapped local
events that impact the Police, such as, STP and the 4'h of July holiday. Attended
National Night Out. Homelessness Task Force meeting coming up next week. In
the future, Council member Joe DePinto will be presenting proposals to council
and sub -committees: 1) B&O tax restructuring for small businesses 2) Working
on adjusting when fireworks usage is permitted and creating a City sponsored
Fireworks Show 3) Writing up a proposal for secured lockbox program for
mailboxes.
Councilmember Kaminski attended EDC meeting today with discussions on
Affordable Housing, density, tiny homes and storage containers. Also, attended
today, meeting with Thurston County Housing Authority and COY Planner, Tami
Merriman. Attended two nights of Jazz In The Park. And also, attended Chamber
lunch.
Mayor Foster attended Chamber lunch and stated attendees were very
appreciative of all the community events that have been offered. Attended the
Community Development sub -committee meetingdiscussing possibilities of
affordable housing in our community. There will be more talk about the
opportunity for tax deferral possibilities. Once every five years the Nisqually River
Council gives out a Stewardship Award. Jim Wilcox has been awarded the
Stewardship Award. The Award Ceremony will be at Wilcox Farm on September
41h at 5:30 p.m. Great to have one of our community members honored in such a
way. Attended the Change of Command Ceremony at JBLM. New JBLM
Commander is Colonel Skye Duncan taking over for Colonel Lucas. Then, today,
JBLM welcomed Command Sergeant Major Shane E. Pospisil to I Corps. Stated,
"thank you for taking care of our troops, we will take care of their families."
Reminder to Council: If you have sensitive information of a business shared with
you by anybody, it should not be shared in public as It is a betrayal of the trust of
the position that you hold.
8-13-19
9. Executive Session - none scheduled
19-058 MOTION BY TRACEY WOOD TO ADJOURN. SECONDED BY MOLLY
CARMODY. 7-0, MOTION CARRIED.
10. Adjourned at 6:26 p.m.
JV1'Poster, Mayor
inw.. ►. t
These minutes record the official actions of the Yelm City Council. Complete recordings are
available on the city website at www.yelmwa.gov.
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