03 09 2021 Yelm City Council Agenda Packet°�ukme�fwA ��: ((!�✓ �� �Jl//u��������ia w�llli��°�&f!J �/��., ✓i/,x,
EST. 1924
WASHINGTON
"Pride of the Prairie"
CITY COUNCIL AGENDA
March 9, 2021
Please register for the February 23, 2021 Yelm City Council meeting on February 23, 2021, 6:00 PM
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1. CALL TO ORDER/ROLL CALL
2. AGENDAAPPROVAL
3. SPECIAL PRESENTATIONS
a) 2020 Officer of the Year - Anthony Sparkuhl
b) 2020 Public Works Employee of the Year - Brad Chatwood
4. PUBLIC COMMENT
*Complete a blue speaker's card
5. CONSENTAGENDA
a) February 23 & March 2, 2021 Minutes
6. NEW BUSINESS
a) Professional Services Agreement - Skillings, Inc. - Construction Management Services - Cochrane Park
Reconstruction Ph 1
Authorize Mayor J.W. Foster to sign a Professional Services Agreement with Skillings, Inc. in the not to
exceed amount of $75,745.00 for Construction Management Services for the Phase 1 Reconstruction
for Cochrane Park.
b) Public Works Contract— Black Hills Excavating, Inc. - Cochrane Park Phase 1 Reconstruction
Authorize Mayor J.W. Foster to sign a Public Works Contract with Black Hills Excavating, Inc. of Olympia,
WA in the not to exceed amount of $372,428.78, including Washington State sales tax, for
construction of the Phase 1 Reconstruction for Cochrane Park.
7. OLD BUSINESS
a) None Scheduled
106 2otl ST SE • Yelm, WA 98597 • 360.458.3244 • www.yelmwa.gov
The City of Yelm is an equal opportunity employer and provider
8. UPDATES
a) Departments — Michael Grayum, City Administrator
b) Councilmembers
c) Mayor JW Foster
9. EXECUTIVE SESSION
a) None Scheduled
10. ADJOURN
Page 2 of 3
MEETING INFORMATION
All regular Yelm City Council meetings are recorded. Meetings can be viewed at www yelrnwa .. civ 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.
COMMITTEEAND LIAISON ASSIGNMENTS
Mayor JW Foster Councilmember Tad Stillwell
Yelm Emergency Operations Board Yelm Planning & Economic Development Committee
Chair of Thurston Regional Planning Council Yelm Public Safety Committee
South Sound Military and Community Partnership Yelm General Government Committee
Regional Housing Council
Board - Risk Management Services Agency
Councilmember James Blair
Yelm Public Safety Committee
Yelm Finance Committee
County Solid Waste Advisory Committee
Councilmember Molly Carmody
Yelm Public Works Committee
Yelm Finance Committee
Intercity Transit Authority
Yelm Homelessness Task Force
Thurston County Law and Justice Council
Councilmember EJ Curry
Yelm General Government Committee
Yelm Public Works Committee
Southeast Thurston Fire Authority
Yelm Senior Center liaison
Yelm Emergency Operations Board
South Thurston Economic Development Initiative
Councilmember Tracey Wood
Yelm Public Safety Committee
Yelm General Government Committee
Administrative Board of Director for TCOMM 911
Admin Board of Director(s) for TRPC
Councilmember Joe DePinto
Yelm Public Works Committee
Yelm Planning & Economic Development Committee
Board of Directors of Economic Development Council
Yelm Homelessness Task Force
Councilmember Terry Kaminski
Yelm Finance Committee
Nisqually River Council
Yelm Planning & Economic Development Committee
Thurston Thrives Coordinating Council
Page 3 of 3
VIRTUAL YELM CITY COUNCIL
MEETING
TUESDAY, FEBRUARY 23, 2021 MINUTES
1. Mayor JW Foster called the meeting to order at 6:00 p.m.
Roll Call Present: Molly Carmody, EJ Curry, Tad Stillwell, Tracey Wood, Joe
DePinto and Terry Kaminski.
21-023 MOTION BY TRACEY WOOD EXCUSING COUNCILMEMBER JAMES BLAIR
FROM THE MEETING. SECONDED BY MOLLY CARMODY. 6-0, MOTION
CARRIED.
2. Agenda Approval
21-024 MOTION BY TRACEY WOOD APPROVING THE AGENDA AS PRESENTED.
SECONDED BY MOLLY CARMODY. 6-0, MOTION CARRIED.
3. Special Presentations -
January Student of the Month - Cassandra Shaw
4. Public Comment -
Mrs. Bethany Ryan voiced her concerns about holding the Council meetings via
zoom. She would like to go back to in person meetings.
Mayor JW Foster shared information that he received via email from Debbie
Fermon thanking the Public Works staff for their professionalism while working on
a project near her house.
5. Consent Agenda -
a. February 9, 2021 Minutes
b. Amended December Financials $3,039,624.44 and January Financials
$766,782.75.
21-025 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA.
SECONDED BY EJ CURRY. 6-0, MOTION CARRIED.
6. New Business - None scheduled
7. Old Business - None Scheduled
8. UPDATES -
City Administrator - Michael Grayum
• Community Development Director Grant Beck announced he would be
retiring in August of this year. We are looking at restructuring,
reorganizing and recruiting the organization as a whole and will bring
more information to inform Council in the near future.
• Casey Mauch accepted the temporary Assistant Planner position and will
start April 1, 2021. This position will work primarily on the Habitat
Conservation Plan (HCP).
• Legislative update - Regional Transportation Improvements is at the top
of the list for Yelm and 19 million dollars of that package is for three
roundabouts that would benefit the greater Yelm area.
• A Capital Budget request has been made and the House and Senate to
fund one of the Biodryers for the Water Reclamation Facility.
• Public Works will be bringing back recycling containers located at the
Public Works Facility M -F starting March 1, 2021.
Upcoming Council Meeting Items:
• Water Rights Overview, Boards and Commissions Update, Economic
Development Priorities and Deb Larson will give a presentation on a Tiny
Home Village concept.
February 23, 2021
Page 1 1
• On March 23, after the regular Council meeting there will be a virtual
Town Hall on Biosolids.
• Public Works Director Cody Colt updated Council on backup systems and
power supplies for essential services such as water and sewer services.
The City can maintain essential services for 3-5 days in an emergency
with no power or gas.
• A Professional Services Agreement will be coming to Council March 9,
2021 for the Cochrane Park Improvements. The Water Reclamation
Facility Upgrade is moving along. The City started discussions on
collaborating with the Nisqually Tribe to rebuild a museum.
Councilmember Carmody attended the Yelm Public Works Committee meeting
and the Intercity Transit Authority meeting. Councilmember Carmody requested
that all new staff hired in the last year attend a Council meeting when they are in
person for a meet and greet. Councilmember Carmody asked to have the 640
acres added to the next Study Session for discussion.
Councilmember Stillwell attended the Yelm Public Safety Commission meeting.
Councilmember Wood attended the Yelm Public Safety Commission meeting.
Councilmember DePinto attend the Yelm Public Works Committee meeting and
will attend the Board of Directors of Economic Development Council meeting
tomorrow.
Councilmember Kaminski attended the Nisqually River Council meeting and the
Thurston Thrives Coordinating Council meeting.
Mayor Foster attended the City Action Days via zoom sponsored by Association
of Washington Cities. The Public Works and Police departments were ready for the
Sweetheart Snow Storm over Valentine's Day. Both departments did a great job
on preparation and response. Mayor Foster gave kudos to Brianna Feller, Todd
Stancil, Cody Colt and Michael Grayum for keeping the public updated through the
social media posts. Mayor Foster chaired the Thurston Regional Planning Council
meeting, met with elected officials, and attended the Regional Housing Council
meeting. Mayor Foster met with Shawn Lewis, the newest member of the
"Together Team" who will be providing counseling to the Yelm High School
students. Mayor Foster praised the Customer Service Team at City Hall. They are
professionals who make his job so rewarding and he appreciates each one of
them. Mayor Foster thanked staff for setting up the virtual meeting.
9. Executive Session - None scheduled
21-026 MOTION BY TRACEY WOOD TO ADJOURN THE MEETING. SECONDED BY
TERRY KAMINSKI. 6-0, MOTION CARRIED.
10. Adjourned at 6:48 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.
February 23, 2021
Page 1 2
AGENDA
VIRTUAL STUDY SESSION
TUESDAY, MARCH 2, 2021 6:00 pm
Register in advance for this webinar:
https://zoom.us/webinar/register/WN pk7cIK-4gTu-Ndu-31aViCQ
Call to Order
2. Roll Call
3. a. Tiny Home Villages for the Homeless —Deb Larson
b. Discussion on Economic Development Priorities
c. Boards and Commissions Update
d. Water Rights Overview
4. Mayor's Report
5. Councilmember Initiatives
Upcoming Meetings —
Virtual Council Meeting, Tuesday, March 9, 2021 6:00 pm
Virtual Council Meeting, Tuesday, March 23, 2021 6:00 pm
Meeting Information
It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are
a person with a disability and in need of reasonable accommodations to conduct business or participate
in government processes or activities, please contact Lori Lucas, at 360.458.8402 at least four (4)
working days prior to the scheduled event. For information on the Americans with Disabilities Act and the
Title VI Statement, click this link http://www.ci.yelm.wa.us/human-resources/.
The Preliminary Agenda and Approved Council Minutes are available at www.yelmwa.gov.
To: Mayor J.W. Foster
Yelm City Council
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WASHINGTON
"Proudly Serving Our Community"
From: Patrick T. Hughes, P. E.
Public Works Programs and Projects Manager
Date: February 26, 2021 (for March 9, 2021 City Council Meeting)
Subj: Professional Services Agreement - Skillings, Inc.
Construction Management Services - Cochrane Park Phase 1 Reconstruction
Attach: Professional Services Agreement
Exhibit - Scope of Work (Skillings)
Exhibit B-1 - Cost Computation -Hours (Skillings)
Exhibit B-2 - Cost Computation -Summary (Skillings)
Exhibit B-3 - Cost Computation -Expenses (Skillings)
Exhibit C - Certificate of Liability Insurance (Skillings)
Recommendation
Authorize Mayor J.W. Foster to sign a Professional Services Agreement with Skillings, Inc. in the not to
exceed amount of $75,745.00 for Construction Management Services forthe Phase 1 Reconstruction
for Cochrane Park.
Background
In March 2019, the Yelm City Council approved a Professional Services Agreement with Skillings
Connolly, Inc. (now Skillings, Inc.)foran engineering study and subsequent design engineering services
for the reconstruction of Cochrane Park. After starting the design for the entire park, a decision was
made to "split" the actual design and construction of the park improvements into two separate phases.
Phase 1 will include modifications to Wetland Cell #1, replacement of the wooden pedestrian bridge
near the park entrance, landscaping upgrades, and installation of new park restrooms. Phase 2 will
include modifications to the remaining wetland cells and former fish pond, piping reconfiguration, and
enlargement of the rapid infiltration basins (RIBs).
Separating construction into two separate phases would allow additional time for the Department of
Ecology to review and approve the design for the RIB modifications, and would also allow a portion of
the park to remain open during each phase of construction.
The City received bids on February 17, 2021 for the planned Phase 1 reconstruction. The successful
low bidder, Black Hills Excavating, Inc. plans to begin construction work immediately upon award. As
part of this reconstruction work, the City has requested the assistance of Skillings, Inc. to perform
various engineering services during construction, including review of submittals, contractor
coordination, and on-site inspection for compliance with plan requirements.
Current Situation
The City has requested, and received, a Scope of Work and estimated feefrom Skillings, Inc. to perform
Construction Management services for the Phase 1 reconstruction of Cochrane Park. Attached is
Skillings' detailed Scope of Work, along with cost computations for man-hours, hourly rates and
expenses to complete the requested work.
Staff recommends approval to authorize Mayor Foster to sign the attached Professional Services
Agreement with Skillings, Inc. in the not to exceed amount of $75,745.00 for Construction
Management Services for the Phase 1 Reconstruction for Cochrane Park.
Page 2 of 2
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WASHINGTON
"Proudly Serving Our Community"
PROFESSIONAL SERVICES AGREEMENT
FOR
CONSTRUCTION MANAGEMENT SERVICES
COCHRANE PARK RECONSTRUCTION — PHASE 1
This Professional Services Agreement ("Agreement") is made between the City of Yelm, a Washington
municipal corporation ("City"), and Skillings, 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, INC.
CITY OF YELM
Tom Skillings
J.W. Foster, Mayor
P.O. Box 5080
106 Second Street SE
Lacey, WA 98509
Yelm, WA 98597
(360) 491-3399 (telephone)
(360) 458-3244
(360) 491-3857 (facsimile)
(360) 458-4348
The Parties agree as follows:
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, 2021 ("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,
SCOPE OF WORK, COCHRANE PARK RECONSTRUCTION - PHASE 1, CONSTRUCTION
MANAGEMENT, 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
Seventy Five Thousand Seven Hundred Forty -Five Dollars ($75,532.00) as outlined in EXHIBIT B-2
(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-1, B-2 and B-3, 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 A: VII.
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.
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. Elie Parties execuAc this A grcenmit below, 01'ective the. last date wTittei) hch,)sv.
CITY OF YFILM AVYIEST:
. . . .......
J W 1 o0er, Mayor Cify Clerk, Lori Lucas
APPROVED AS TO FORM:
DATE—, . ...... . .
City Attorney, Brent Dille
SKILLINGS, INC,
By�
Prbnted Name: Thonw E. Skillings, P.E.
Tide: President
Date: 02/25,/2021
S I ATF OFWASIAINGTON t
I ss,
COUNTY OFTHURSTON )
On this day personally appeared before rrle, 'Thor nas E, Skillings, RE., to arae known to lie the
individual described in and who execrated Ilia, fotegoing insn-Ennent, and (in oath swore that
he/she/they ekecuted the foregoing instrument as his free and voluntary act and deed fbi ilie
uses and purposes therein inentioned.
GIVEN my hand and officia I scal this
--day of 2 ILVv
Notary Public in and for the State of Waqfangton.
My conunission expires_ �'s
-.- .... ... . . .. . . .............. i,
EXHIBIT A
SCOPE OF WORK
Prepared for:
CITY OF YELM
COCHRANE PARK RECONSTRUCTION — PHASE 1
CONSTRUCTION MANAGEMENT
February 22, 2021
INTRODUCTION:
The City of Yelm (City) is requesting engineering services from Skillings, Inc. (Skillings) to provide
construction contract administration services for the City of Yelm Cochrane Park Reconstruction, Phase 1
project(Project)in Yelm, Washington.
Construction Contract Administration practices will follow the project Specifications and WSDOT Local
Programs Local Agency Guidelines (LAG) Manual.
The following scope of services is based upon the assumptions outlined herein. Associated costs are
detailed in EXHIBIT B.
ASSUMPTIONS:
This Scope of Services is based upon certain assumptions and exclusions identified below and under
specific tasks. The following assumptions were used in the development of this Scope of Work:
• Services will be performed in accordance with project Specifications and WSDOT's LAG Manual anc
Construction Manual. The staff -hours proposed by Skillings are an estimate only and are subject to
change based on the actual construction schedule and working hours of the Contractor.
• Should the City direct Skillings to not be on the project site for any reason, Skillings will not be
responsible for performing any scope items listed under the corresponding tasks.
• Construction Surveying, except for Horizontal and Vertical control, and claims support are excluded
from this scope.
• Skillings shall assume no responsibility for proper construction techniques or job site safety but will
report to the Contractor and City any observed public safety concerns.
• Skillings will endeavor to protect the City against defects and deficiencies in the work of the
Contractor, but cannot guarantee the Contractors' performance and shall not be responsible for
construction ways, means, methods, measurements, techniques, sequences of procedures, or for
safety precautions and programs in connection with the work performed by the construction
contractor and any subcontractors.
• Construction contract duration of 91 calendar days.
• 20 additional days will be estimated to cover such items as preconstruction activities, non -
chargeable working days when construction services are provided, and project closeout.
• Work will be performed during daylight hours.
• Skillings will not work on Holidays as defined in the WSDOT Standard Specifications, Saturdays or
Sundays.
• Skillings shall be compensated for construction inspection and administrative work for each
additional construction day added to construction contract days due to contractor delays and for
additional contract days added due to extra work or change orders to construction contract.
• For estimating the fee proposal, Skillings has made the following Contract time assumptions:
0 91 Calendar day contract with 65 working days= 13 weeks
o It is assumed the onsite construction observation will be, on average, half-time.
Skillings, Inc. Page 1 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
o There will be two weeks of part-time pre -construction effort.
o There will be two weeks of part-time closeout effort.
• Changes from these assumptions will be considered extra work and will be renegotiated as
required, such as additional days added to the contract time by change order(s).
• Services for claim or dispute support are not included. If requested by the City these services will
be added by supplement to this agreement.
RESPONSIBILITIES OF THE CITY:
• Provide CM oversight and approval authority for all construction activities.
• Prepare and process all contract documents through the City's approval process (e.g. CM
services, invoices, construction contract, monthly pay estimates, change order execution,
cost reduction proposals, time extensions, etc.).
REFERENCES:
Skillings shall perform services set forth in this Scope of Work on behalf of the City using procedures
specified by the City and in compliance with the standards and requirements set forth in the following
procedures, regulations and most current (at the time of execution of this agreement) adopted manuals
which by reference, are made a part of this Agreement.
• Standard Specifications for Skillings' Project No. 18113 will be the WSDOT Standard Specifications
for Road and Bridge Construction
• Current (as of the date of execution of the agreement) versions of the following publications and
manuals shall be applicable when specifically cited in the Project Specifications listed above or
when required by state or federal funding authorities:
o Standard Specifications for Road, Bridge, and Municipal Construction, published by the
Washington State Department of Transportation (WSDOT).
o Standard Plans for Road, Bridge, and Municipal Construction, published by WSDOT.
o Local Agency Guidelines (LAG Manual), published by WSDOT.
o Construction Manual, published by WSDOT.
CHANGE MANAGEMENT:
This is a negotiated hourly rate contract with a not to exceed maximum, unless agreed to in writing by both
parties. The levels of effort for various tasks are estimates and may vary. The contract will be managed to
the contract maximum, not the task level budgets.
Task 10 — Project Management
Project Management and quality reviews will be on-going during the course of the project. The Project
Manager will maintain communication with Skillings staff and City, will monitor the project's scope,
schedule, and budget, will coordinate and communicate with staff, and other similar project
management tasks.
Assumptions:
• Contractor will be allowed 91 calendar days per Construction Contract.
• Skillings will participate in a maximum of 13 weekly construction meetings.
• Overall Construction Contract Administration services to last six (6) months.
Tasks:
Skillings, Inc. Page 2 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
1. Schedule, prepare for, and take part in weekly communications with the City through duration of
Construction Contract Administration services.
2. Schedule, prepare for, and take part weekly construction meetings as requested by the City.
3. Skillings will prepare up to 6 monthly billings with progress reports with earned value worksheets.
4. Supervise the Skillings' field personnel assigned to the project.
5. QA/QC of all Contract documents and work effort, such as RFI's and Change Orders.
Deliverables:
• Document City direction to Skillings.
• Agreement supplements as/if needed.
• Monthly invoices with progress reports and earned value worksheets.
Task 20 — Construction Management
Skillings will work closely with the City to provide the appropriate staff to oversee the Contract, coordinate
and negotiate with the Contractor and making sure everything is up to code and ensure compliance with
the Project Specifications, the LAG Manual, and Construction Manual. This effort will include the following
elements:
Assumptions:
• Skillings will participate in up to 13 weekly construction meetings.
• No stakeholder coordination, other than with City will be performed. City will coordinate with
public.
• No utility relocation will be required. Utility coordination if required will be provided by the City.
Tasks:
1. Attend the preconstruction conference.
a. Prepare the Pre -Construction Conference agenda and conduct the Pre -Construction
Conference.
b. Participate in the pre -construction meeting
c. Prepare meeting minutes
2. Review and approve Contractor's submittals:
a. Shop drawings
b. Requests for Approval of Materials (RAMS)
3. Contractor coordination:
a. Respond to Contractor RFI's.
b. Respond to contractor questions which may arise as to the quality and acceptability of furnished
materials, work performed, and to general questions.
c. Liaison between the Contractor's management and the City's management personnel, acting
as the direct point of contact for both parties.
d. Review Record of Material and material testing results and advise the Contractor accordingly.
e. Review monthly pay estimates with the Contractor and provide recommendation to the City
for release of payment.
f. Facilitate coordination between the Contractor, City and project stakeholders regarding status
and issues of construction activities.
4. Review and approve Inspectors Daily Reports (IDRs) prepared by the construction inspector.
5. Review the Contractor's baseline project schedule, and:
a. Monitor that schedule throughout the course of the project for compliance with the provisions
Skillings, Inc. Page 3 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
of the Contract.
b. Request and review periodic schedule updates submitted by the Contractor.
6. Attend weekly construction meetings, prepare and distribute meeting minutes.
Deliverables:
• Contractor's submittal reviews and approvals
• Contractor coordination
• IDR review and approval
• Schedule review and update coordination
• Weekly construction meeting minutes
• Field visit notes
Task 30 — Document Control
Skillings shall review documents provided to City by the Contractor to ensure compliance with the Project
Specifications, the LAG Manual, and Construction Manual. Skillings will review and provide
recommendations for the reviewed documents to the City.
Assumptions:
• Paper documents will be kept by Skillings until the end of the project at which time the City will be
provided the paper documents.
Tasks:
1. Record of Materials (ROM)
a. Prepare a ROM.
b. Where required, maintain a material testing log that tracks the test date, type of material test,
test result, specification requirement and action taken if a failed result is received from the
Certified Material Testing Lab. Per Project Specifications, Contractor shall provide the testing
results.
2. Maintain electronic copies of all documents.
3. Process; track and archive construction records including:
a. Inspectors Daily Reports (IDR's) when inspector is on-site;
b. Requests for Information (RFI's);
c. Submittals such as shop drawings et al;
d. Requests for Approval of Materials (RAM's);
e. Statements of Working Days.
f. Skillings shall maintain submittal and RFI logs to track when documents are received and
returned to the contractor.
4. Compile and review inspector pay quantity and force account records, and prepare monthly
contractor progress estimates for City approval and payment. Meet with the Contractor to finalize
progress payments.
5. Review and archive project record documentation associated with:
a. Requests to Sublet,
b. Intents to Pay Prevailing Wage,
6. Affidavits of Wages Paid Maintain lists of:
a. Approved change orders,
b. Potential change orders. Potential change orders will have a force account estimate of the extra
work related to that item(s), until an approved change order is executed.
Skillings, Inc. Page 4 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
Deliverables:
• Record of Materials (ROM).
• Electronic construction records.
• Paper construction records.
• Monthly contractor progress estimates for City approval and payment.
• Project record documentation.
• Change order documentation.
Task 40 — Field Inspection
Skillings shall provide construction inspection services. These services will help minimize the risk of non-
compliant workmanship by the contractor. By providing inspection oversight, Skillings shall assume no
responsibility for proper construction techniques or job site safety, but will report to the Contractor and
City any known public safety concerns in a timely manner.
Assumptions:
• Contractor will be allowed 91 calendar days per Construction Contract.
• Field inspection will be completed on a part-time basis only. For estimating purposes, it is assumed
half-time onsite observation.
• An Inspector's Daily Report (IDR) will be provided for those days the inspector visited the site.
• The City will participate in the final inspection and development of the Punch List
Skillings shall provide construction observation services for the following elements:
Tasks:
1. Provide digital photographs of:
a. the existing conditions (pre -construction)
b. during the course of the construction
c. final (post construction)
2. Prepare Inspector's Daily Reports (IDRs) recording the contractor's operations performed for each
day the Skillings is on site, logging:
a. Measurements for quantities of materials installed,
b. Log equipment and staff present,
c. Weather conditions, and
d. Any observed problems or construction issues.
3. Prepare Contract records for:
a. Daily Payment Notes,
b. Force Account Records
4. Contractor field coordination:
a. Respond to contractor questions which may arise as to the quality and acceptability of
furnished materials or work performed.
b. The Construction Inspector shall review monthly pay estimates with the Contractor and
provide recommendations to the City.
5. Prepare field records and documents in accordance with the Record of Materials (ROM);
a. Coordinate with Office Engineer for changes and updates to the ROM.
b. Review the Record of Materials (ROM) against the material testing results and advise the
Contractor accordingly.
Skillings, Inc. Page 5 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
6. For each day Skillings is on site, monitor traffic control via photographs of traffic control set-up
and work activities during the course of construction. Photographs will be in digital format and
cataloged by date.
7. For each day Skillings is on site, monitor Contractor's site security measures and safety provisions
with respect to protecting the general public using the remainder of the park during construction.
8. Monitor the Contractor's compliance with water quality permits and the requirements of the TESC
and SPCC Plans.
9. Attend weekly construction meetings.
10. Review the Contractor's construction record drawings on a weekly basis. Skillings Inspector will
track and record field changes on drawings and use this information to verify the Contractor's
construction record drawings.
11. Participate in the Project's final inspection with the City and Contractor and prepare a list of any
remaining deficiencies (punch list).
12. Conduct a final inspection to determine if all Punch List Items have been completed.
13. Report to the City the occurrence of any accidents on the site, any hazardous environmental
conditions, or emergencies within the project limits.
Deliverables:
• Construction photographs
• IDRs
• Pay notes including force account
• Contractor field coordination
• ROM data
• Traffic control records
• Weekly construction planning meetings
• Punch List
• Record drawing coordination
Task 50 — Change Order Management
Skillings will prepare change orders in accordance with LAG Manual. We have estimated 40 hours for the
level of effort. If additional effort is required the additional effort will be considered extra work and will be
renegotiated as required.
Assumptions:
• Change order management includes formal change orders, minor change, and tracking force
account work.
Tasks:
1. Skillings shall prepare change order packages for review and approval by City, this includes:
a. Reason for change order
b. Description of work
c. An independent cost estimate (ICE),
d. Change order forms with;
i. Description of work
ii. Materials to be used
iii. Construction methods
Skillings, Inc. Page 6 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
iv. Measurement
V. Payment
e. For force account work, prepare daily force account records.
f. Negotiate price with Contractor
Deliverables:
• Change orders
Task 60 — Project Close-out
Skillings will provide close-out documentation of the work completed on the project.
Tasks:
1. Prior to substantial completion, Skillings will provide the Contractor a punch list of items to be
completed or repaired before acceptance of the project.
2. Prepare final Contract Record Drawing (as-builts) in AutoCAD format using "red -lines' prepared by
Contractor.
3. Finalize all pay quantities with the Contractor and the City.
4. Prepare a Final Estimate for the project and provide to the City with a recommendation to make
final payment to the Contractor.
5. Check L&I website for Affidavit of Wages Paid.
6. Draft project completion and acceptance letters for City signature.
7. Prepare documentation for the City in accordance with Chapter 53 of the Local Agency Guidelines.
These include:
a. project completion letter,
b. materials certificates,
C. list of change orders,
8. Assist City with project documentation review.
9. Draft Notice of Completion of Public Works Contract for Client submittal.
10. Turn over all project documents and files to the City.
Deliverables:
• Punch list
• Record drawings (as-builts) in .pdf format
• Resolution of final pay quantities and Final Estimate
• Completion and acceptance letters
• Material Certifications
• Project Documents
• Draft Notice of Completion of Public Works Contract for Client submittal
END SCOPE OF SERVICES
Prepared by: TES Date:2/22/2021
Checked by: PES Date: 2/22/2021
Skillings, Inc. Page 7 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction —Phase 1
Construction Contract Administration
EXHIBIT B-1
CONSULTANT COST COMPUTATION — MAN-HOURS
PROJECT NO. 18113
CITY OF YELM
='
COCHRANE PARK RECONSTRUCTION - PHASE 1a^ro
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TASK
TASK DESCRIPTION
10
PROJECT MANAGEMENT
Project Assumptions:
Project has 13 -week construction schedule (91
calendar days). There will be 2- weeks prep time
before NTP and there will be 2 -weeks for project
closeout. 17 -weeks total. Reference the Scope of
work for specific scope of work to be provided.
PIC: 6 -hours per week
102
Project Inspector: half-time during construction +
40 hours pre -construction and 40- hours post
340
construction close-out
Office Engineer: 4 -hours per week during
construction, + 8 hours pre -construction and 8-
64
hours post construction
Survey, set project control
10
Office Administration: One hour per week 17 -weeks
total
17
HOURS PER DISCIPLINE
102
64
10
1340
1 17
Skillings, Inc. Page 8 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction — Phase 1
Construction Contract Administration
EXHIBIT B-2
CONSULTANT COST COMPUTATION — SUMMARY
NEGOTIATED HOURLY RATE (NHR):
Classification
Man
Hours X Rate =
Cost
PRINCIPAL -IN -CHARGE
ENGINEER
SURVEY
INSPECTOR
PROJECT ADMINISTRATOR
Total Hours=
102 X $264.36 =
64 X $130.92 =
10 X $137.63 =
340 X $102.00 =
17 X $151.06 =
533
$26,964.30
$8,378.82
$1,376.33
$34,680.00
$2,568.03
Total NHR =�//
REIMBURSABLES:
Mileage
Miscellaneous Expenses
1,800 X $0.560 =
$700.00 X 10% _
$1,008.00
$770.00
Total Expenses=
SUBCONSULTANT COST (See Exhibit E):
Total Subconsultants =
SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS):
Sub Total =
MANAGEMENT RESERVE FUND:
SUBTOTAL=
$75,745.48 x =
MRF=
GRAND TOTAL
GRAND TOTAL
PREPARED BY:
REVIEWED BY:
Thomas E. Skillings, PE
Patrick E. Skillings, PMP
DATE:
DATE:
02/22/2021
02/22/2021
Skillings, Inc. Page 9 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction — Phase 1
Construction Contract Administration
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 - Elk & White
Each
$0.10
$0.00
6
Photo Copies - Color
Each
$0.35
$0.00
7
Half Sized Prints
Each
$0.50
$0.00
8
Full Sized Prints
Each
$6.00
$0.00
9
Postage
Month
$0.00
10
Shipping
Month
$0.00
11
FAXs
Each
$0.00
12
Miscellaneous Project Costs
Month
13
$50.00
$650.00
13
Miscellaneous Survey Costs
Estimated
1
$50.00
$50.00
14
Traffic Control
Estimated
$0.00
Total Miscellaneous Expenses
$700.00
Mileage
Per Mile
1800
0.560
$1,008.00
Total Expenses
$1,708.00
Assumptions
1
Telephone
Estimated
2
Auto Rental
Estimated trips
3
Mileage
Estimated miles
4
Lodging
5
Per Diem -Meal
6
Photo Copies - Elk & 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 22, 2021
Skillings, Inc. Page 10 of 10 Project No. 18113
City of Yelm
Cochrane Park Reconstruction — Phase 1
Construction Contract Administration
EXHIBIT C
CERTIFICATE OF INSURANCE
To: Mayor J.W. Foster
Yelm City Council
i
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ES1.1924
WASHINGTON
"Proudly Serving Our Community"
From: Patrick T. Hughes, P. E.
Public Works Programs and Projects Manager
Date: February 26, 2021 (for March 9, 2021 City Council Meeting)
Subj: Public Works Contract - Black Hills Excavating, Inc.
Cochrane Park Phase 1 Reconstruction
Attach: Public Works Contract - Cochrane Park Phase 1 Reconstruction
Final Certified Bid Tabulation
Recommendation
Authorize Mayor-I.W. Fosterto sign a Public Works Contract with Black Hills Excavating, Inc. of Olympia,
WA in the not to exceed amount of $372,428.78, including Washington State sales tax, for
construction of the Phase 1 Reconstruction for Cochrane Park.
Background
In March 2019, the Yelm City Council approved a Professional Services Agreement with Skillings
Connolly, Inc. (now Skillings, Inc.)foran engineering study and subsequent design engineering services
for the reconstruction of Cochrane Park. After starting the design for the entire park, a decision was
made to "split" the actual design and construction of the park improvements into two separate phases.
Phase 1 will include modifications to Wetland Cell #1, replacement of the wooden pedestrian bridge
near the park entrance, landscaping upgrades, and installation of new park restrooms. Phase 2 will
include modifications to the remaining wetland cells and former fish pond, piping reconfiguration, and
enlargement of the rapid infiltration basins (RIBs).
Separating construction into two separate phases would allow additional time for the Department of
Ecology to review and approve the design for the RIB modifications, and would also allow a portion of
the park to remain open during each phase of construction.
Construction plans and specifications for the Phase 1 construction were completed in December
2020.
Current Situation
The project was advertised for bidding in the Nisqually Valley News and the Seattle Daily Journal of
Commerce on January 21 and 281h. The bid documents were made available from the Builders
Exchange of Washington. Sealed bids were opened on February 17, 2021 at 10:00 am at City Hall,
with the bids read aloud via a video conference. Six (6) sealed bids were received, with Black Hills
Excavating being the lowest qualified bidder. All bids received were reviewed for completeness and
accuracy, and a final tabulation prepared. The final certified bid tabulation is attached herewith.
Staff recommends approval to authorize Mayor-I.W. Fosterto sign a Public Works Contract with Black
Hills Excavating, Inc. in the not to exceed amount of $372,428.78, including Washington State sales
tax, for construction of the Phase 1 Reconstruction for Cochrane Park.
Page 2 of 2
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PUBLIC WORKS CONTRACT
FOR
CITY OF YELM
COCHRANE PARK RECONSTRUCTION PHASE 1
THIS PUBLIC WORKS CONTRACT ("Contract') is dated effective this day of
, 20 and is made by and between the City of Yelm, a Washington municipal
corporation ("City"), and Black Hills Excavating, Inc. a Washington corporation ("Contractor").
A. The City desires to retain an independent contractor to furnish all labor and materials
necessary to reconstruct an existing wetland pond at the City owned Cochrane Park. The work
includes vegetation removal and hauling, reconstruction of a wetland pond, replacement of a
timber pedestrian bridge, foundation construction for a City -supplied prefabricated restroom
building, installing utility vaults, piping, valves, conduits, and service connections, electrical, and
miscellaneous landscaping demolition, in accordance with plans and specifications prepared by
Skillings, Inc. dated January 2021.
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 under this contact, more particularly described as COCHRANE PARK
RECONSTRUCTION PHASE 1, including without limitation: Providing labor, materials, and
equipment necessary for demolition and removal of existing vegetation and soil, and excavation
and regrading of the existing pond, placement of bentonite liner, wetland planting, construction of
temporary construction road, site, pad and foundation preparation for a City provided pre-
fabricated restroom building, electrical, underground utility work, tree stump removal and other
related miscellaneous work, ("Work"), in accordance with and as described in the Contract
Documents, which include without limitation, this Contract, Certificate(s) of Insurance Form
attached hereto as Exhibit A, Contract Change Order Agreement attached as Exhibit B,
Performance / Payment Bond attached hereto as Exhibit C, Subcontractor List attached hereto as
Exhibit D, and 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal
Construction ("Standard Specifications") 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.
Contractor shall be fully responsible to layout the Work, including construction staking, centerline
staking, and other elements of the Work. This may require the services of a surveyor hired by the
Contractor to establish control points for use during construction.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
1.2 Completion Date. The City Notice of Award date is March 9, 2021. Contractor agrees
to mobilize and be available to perform Work within ten (10) calendar days after Notice of Award.
The work shall be completed within 91 calendar days following the Notice of Award.
1.3 Liquidated Damages. 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 the project within 91 days:
(1) To pay (according to the following formula) liquidated damages for each working day
that an individual Work Order remains uncompleted after the date promised, 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 = Contract amount.
T = 91 calendar days.
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
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
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.
0� N01RdI
This Contract shall commence on the effective date of this Contract and continue until the
City issues a Notice of completion for the project.
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 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
3.2 Defective Work. The Contractor shall, at its sole cosi 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; provided, however, that this warranty may extend beyond this time period pursuant
to the warranties attached hereto as Appendix C and incorporated by this reference. 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 Services, the
City agrees to pay the Contractor an amount not to exceed Three Hundred Seventy Two Thousand
Four Hundred Twenty -Bight and 78/100 Dollars ($372,428.78), inclusive of Washington State
sales tax (WSST), calculated as follows:
Base Bid, including 9.2% WSST $ 366,750.38
Alternate 1, including 9.2% WSST $ 5,678.40
Total Including Alternate 1 $ 372,428.78
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. tent. 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. Progress payments for Lump Sum items in the Bid Schedule will
be based on the breakdown prepared by the Contractor and approved by the Engineer and Owner
before acceptance of the Application for Payment for the Lump Sum item.
Lump Sum payment will be for the entire item as specified and as indicated in the Contract
Documents. Payment for all bid items indicated as Lump Sums shall include the cost of all labor,
materials, equipment, and incidentals necessary to furnish, install, clean, test, and place each bid
item into operation; including permitting, general conditions, overhead and profit. 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
5. FOUAL 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.
6. INDFPFNDFNT CONTRACTOR/CONFLICT OF INTFRFST
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 Terni 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
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 workers 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 terns 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
(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.
8. 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
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 A, 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
City.
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. NOT USED
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
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. 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 that may be due the Contractor an amount necessary for
the payment of such subcontractors, laborers, materials or premiums.
13. 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.
14. 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.
15. 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.
16. CLEAN UP
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
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.
11►�411A111E[®11191 MIM 11MIM/1419101 MT41 Coli N DO 111 69 1 1 3 UI 111
17.1 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.
17.2 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.
17.3 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.
18. GENERAL PROVISIONS
18.1 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
18.2 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.
18.3 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.
18.4 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.
18.5 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.
18.6 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.
18.7 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 awaiver of the City's
right to declare another breach or default.
18.8 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.
18.9 Authoritv. 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.
18.10 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.
18.11 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.
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
18.12 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.
18.13 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.
18.14 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
.03
ATTEST:
Lori Lucas, City Clerk
APPROVED AS TO FORM:
City Attorney, Brent Dille
JW Foster, Mayor
City of Yelm,
106 Second St SE, Yelm WA 98597
(Contractor's Firm Name)
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
(Signature)
(Name)
(Address Line 1)
(Address Line 2)
(Phone)
STATE OF WASHINGTON)
) ss.
COUNTY OF
On this day personally appeared before me
known to be the of
to me
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
(signature)
(typed/printed name of notary)
202
Notary Public in and for the State of Washington.
My commission expires
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
EXHIBIT A
CONTRACTOR'S CERTIFICATE OF INSURANCE
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
PROJECT
NUMBER
PROJECT TITLE
EXHIBIT B
CITY OF YELM
CONTRACT CHANGE ORDER AGREEMENT
CHANGE ORDER
NUMBER
SUMMARY OF PROPOSED CHANGES:
EFFECTIVE DATE
CONTRACTOR
The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased
by Calendar Days. This Document shall become an Amendment to the Contract and all
provisions of the Contract not amended herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage? ❑ Yes❑ No
If "Yes", will the Policies be extended? ❑ Yes F-1 No
PRICE CHANGE LUMP SUM: INCREASE $
DECREASE$
THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS
CHANGE
TOTAL NET CONTRACT: INCREASES DECREASE $
STATEMENT:
Payment for the above work will be in accordance with applicable portions of the standard
specifications, and with the understanding that all materials, workmanship and measurements
shall be in accordance with the provisions of the standard specifications, the contract plans, and
the special provisions governing the types of construction.
CONTRACTOR'S DEPT. DIRECTOR/ PROJECT
SIGNATURE MANAGER SIGNATURE
DATE
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
EXHIBIT C
CITY OF YELM
PERFORMANCE/PAYMENT BOND
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the undersigned , ("Principal') and
the undersigned corporation organized and existing under the laws of
the State of and legally doing business in the State of Washington as a surety ("Surety"), are
held and firmly bonded unto the City of Yelm, a Washington municipal corporation ("City") in the penal sum of
Dollars and no/100 ($ ) for the payment of which we
firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally.
This obligation is entered into an Agreement with the City dated , 20_ for
NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within
the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement,
and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply
the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City,
their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or
property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the
performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of
failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof
by the City, then and in the event this obligation shall be void: but otherwise, it shall be and remain in full force and
effect.
And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any
change, extension of time, alterations or additions to the terms of the Agreement or to the Work.
The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement
without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal
shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase,
however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the
Surety.
Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the
Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself
within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default,
including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or
in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its
intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it
has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an
amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then
upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return,
without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which
exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first
complete participation in mediation, described in the below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default
by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the
cost of the mediation. The mediation shall be administered Washington Arbitration & Mediation Service (WAMS)
—3600 Port of Tacoma Road, Suite 304
Tacoma, WA 98424 The Surety shall not interplead prior to completion of the mediation.
DATED this day of 20
CORPORATE SEAL OF PRINCIPAL:
Its:
PRINCIPAL
(Name of Person Executing Bond)
(Title)
(Address)
(Phone)
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within
bond; that who signed the said bond on behalf of the Principal, was
of the said Corporation: that I know his or her signature thereto is genuine, and that said bond was duly signed,
sealed, and attested for and in behalf of said Corporation by authority of its governing body.
CORPORATE SEAL OF SURETY:
Public Works Contract
Black Hills Excavating, Inc.
Secretary of Assistant Secretary
SURETY
By:
Attorney -in -Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
City of Yelm
Cochrane Park Reconstruction Ph 1
(Address)
(Phone)
APPROVED AS TO FORM:
Brent Dille, City Attorney
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
EXHIBIT D
SUBCONTRACTOR LIST
Public Works Contract City of Yelm
Black Hills Excavating, Inc. Cochrane Park Reconstruction Ph 1
Local Agency Name Local Agency Subcontractor List
City of Yelm
Prepared in compliance wdh RCW 39.30 060 as amended
Local Agency Address
Yelm city Hall, 106 2nd St To Be Submitted with the Bid Proposal
SE, Yelm, WA 98597
Project
Name Cochrane Park Reconstruction
Failure to list subcontractors with whom the bidder, if awarded the contract, will directly
subcontract for performance of the work of heating, ventilation and air conditioning,
plumbing, as described in Chapter 18.106 RCW, and electrical, as described in Chapter 19.28
RCW or naming more than one subcontractor to perform the same work with result in your
bid being non-responsive and therefore void.
Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the
work of heating, ventilation and air conditioning, as described in Chapter 18.106 RCW, and
electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to
be listed below the subcontractor(s) name.
To the extent the Proiect includes one or more categories of work referenced in RCW
39.30.060, and no subcontractor is listed below to perform such work, the bidder certifies that
the work will either (i) be performed by the bidder itself, or (ii) be performed by a lower tier
subcontractor who will not contract directly with the bidder.
Subcontractor Name `��S ZT/( C-40? I ,CAd, S'>` k 11 1 C t= 5
Work to be Performed g� � , 4R. (
Subcontractor Name
Work to be Performed
Subcontractor Name
Work to be Performed
Subcontractor Name
Work to be Performed
SKILLINGS, Inc.
Project No. 18113
�0 City of Yelm
Cochrane Park Reconstruction
Phase 1
REB #2021-002
VIRTUAL YELM CITY COUNCIL
MEETING
TUESDAY, MARCH 9, 2021 MINUTES
Mayor JW Foster called the meeting to order at 6:03 p.m.
Roll Call Present: Molly Carmody, EJ Curry, Tracey Wood, Joe DePinto and Terry
Kaminski. Tad Stillwell arrived at 6:09 p.m. and James Blair arrived at 6:11 p.m.
2. Agenda Approval
21-027 MOTION BY MOLLY CARMODY APPROVING THE AGENDA AS PRESENTED.
SECONDED BY TRACEY WOOD. 5-0, MOTION CARRIED.
3. Special Presentations -
2020 Officer of the Year - Anthony Sparkuhl
2020 Public Works Employee of the Year - Brad Chatwood
4. Public Comment - no comment
S. Consent Agenda -
a. February 23 & March 2, 2021 Minutes
21-028 MOTION BY TERRY KAMINSKI APPROVING THE CONSENT AGENDA.
SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED.
6. New Business -
a. Professional Services Agreement - Skillings, Inc. - Construction Management
Services for Cochrane Park Reconstruction Phase 1
21-029 MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN A
PROFESSIONAL AGREEMENT WITH SKILLINGS, INC. IN THE NOT TO
EXCEED AMOUNT OF $75,745.00 FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE PHASE 1 RECONSTRUCTION FOR COCHRANE PARK.
SECONDED BY TRACEY WOOD. 7-0, MOTION CARRIED.
b. Public Works Contract - Black Hills Excavating, Inc. Cochrane Park Phase 1
Reconstruction
21-030 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN A
PUBLIC WORKS CONTRACT WITH BLACK HILLS EXCAVATING, INC. OF
OLYMPIA, WA IN THE NOT TO EXCEED AMOUNT OF $372,428.78,
INCLUDING WASHINGTON STATE SALES TAX FOR CONSTRUCTION OF THE
PHASE 1 RECONSTRUCTION FOR COCHRANE PARK. SECONDED BY E3
CURRY. 7-0, MOTION CARRIED.
7. Old Business - None Scheduled
8. UPDATES -
City Administrator - Michael Grayum
• The Grant Agreement for the Fish and Wildlife has been signed for the
Habitat Conservation Plan for $1.2 million dollars.
• Arbor Day Celebration will be virtual and will be a recognition celebration,
more detail to come.
• Boards and Commission Update will come to Council at a future meeting.
March 9, 2021
Page 1 1
• We received notification from the Port of Olympia for their Small Cities
Economic Development Grant opportunity.
• There was a request from Council for the General Government
Committee's recommendation for the referrals to the Homelessness Task
Force.
• Councilmember Carmody requested more discussion on Economic
Development Priorities at the April 6, 2021 Study Session.
Upcoming Council Meeting Items:
• March 23, 2021 will be Student of the Month, Association of Washington
Cities Certification Presentation, and Professional Services Agreement for
Parametrix, Annexation Petition and a Town Hall on the Water
Reclamation Facility.
April 6, 2021 Study Session will include Probation Officer Contract, the
1995 Vision Plan and an update on the 640 Acres.
Councilmember Carmody attended the Intercity Transit Authority meeting and
will be attending the Public Works Committee meeting on Thursday.
Councilmember Curry attended the Yelm General Government Committee
meeting. Councilmember Curry encourage everyone to attend the Annual Dollars
for Scholars that will be virtual this weekend and reported that Yelm City Park has
been filled with kids enjoying the park and the sunshine.
Councilmember Stillwell attended the Yelm General Government Committee
meeting and reported there are a couple of large potholes on Mill Road.
Councilmember Stillwell announced that he would be resigning from Council on
March 31, 2021 because his new house Is located just outside the city limits.
Councilmember Stillwell has enjoyed serving the citizens of Yelm; he thanked the
city staff, voters of Yelm and his fellow Councilmembers.
Councilmember Wood attended the Administrative Board of Director for TCOMM
911 meeting. Councilmember Wood stated it has been a pleasure working with
Councilmember Stillwell.
Councilmember DePinto stated it has been a joy working with Councilmember
Stillwell and thanked him for his service. Councilmember DePinto was not able to
attend the Board of Directors of Economic Development Council meeting but
followed up with the Executive Director. The Yelm Planning and Economic
Development Committee meeting was cancelled and he will attend the Public
Works Committee meeting on Thursday. Councilmember DePinto met with Line
Critchfield, the Yelm Chamber of Commerce Executive Director. Councilmember
DePinto thanked the General Government Committee for considering his proposal
for a low -Income clinic to at the Yelm Community Center. He is also requesting a
staff member to help with the meetings.
Councilmember Kaminski the next Yelm Economic Development Committee
meeting is scheduled for April 1, 2021. Councilmember Kaminski and City
Administrator Michael Grayum will be taking a road trip to look at other cities and
how we might spend some of the budgeted money on beautification in Yelm.
Councilmember Kaminski was invited as a special guest speaker at the Thurston
March 9, 2021
Page 1 2
County Real Estate Associations Government Affairs meeting where she updated
them on Yelm.
Mayor Foster announced the City of Yelm email has been fixed so please check
your emails to make sure that you can access them. Mayor Foster Invited Council
to take a drive down Mountain View Road to see "the Hutch" residential
development and what a remarkable job they are doing. Mayor Foster shared the
beautiful wooden Flag made and donated by Just Okay Wood Designs in
appreciation to the City of Yelm for hosting the Farmer's Market.
9. Executive Session - None scheduled
21-031 MOTION BY TRACEY WOOD TO ADIOURN THE MEETING. SECONDED BY
MOLLY CARMODY. 7-0, MOTION CARRIED.
10. Adjourned at 6:48 p.m.
"-' Attest:
JW F ster, Mayor Lon 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.
March 9, 2021
Page 1 3