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08 11 2015 Updated Agenda Packet
AGENDA YELM CITY COUNCIL MEETING ► UI'UA I t TUESDAY, AUGUST 11, 2015,6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations- 5. Public Comment — Please complete a blue speaker's card and present it to the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speakers (five) are limited and may be adjusted to meet agenda requirements. 6. Consent Agenda ACTION a. No- Minutes; Regular Meeting July 28, 2015 & Study Session July 29, 2015 b. lo. Payables; Checks #65100465211 Totaling $877,311.00 7. Public Hearing- none scheduled 8. New Business- a. lo- SW Well 1A Contracts; Prospect Construction, RI-112 Engineering ACTION 10 min Construction Management and Parametrix SCADA Integration Contracts Presenter: Ryan Johnstone, Public Works Director Attachments: Staff Report, RI-12 Engineering, Inc. Contract, Parametrix, Inc. Contract 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board • Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees. • Thurston Regional Planning Yelm Economic Development Council Committee (TRPC) • Yelm Finance Committee Councilmember Littlefield represents Yelm on the following committees. • Thurston County HOME Yelm Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum • Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request) Congressman Denny Heck Newsletter August 3, 2015 Thurston County Auditor's Office Press Release, August 5, 2015 Who's Who Community Yearbook, Friday, July 31, 2015 honoring City Administrator Shelly Badger 13. Adjourn Upcoming Meetings Regular City Council Meeting, Tuesday, August 25, 2015, 6:00 pm, Public Safety Building Council Study Session, Wednesday, August 26, 2015, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, September 8, 2015, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. 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 Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at AwL , ie I rn wwa.us Agenda Item 6. a. Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JULY 28, 2015 MINUTES 1. Mayor Harding called the meeting to order at 6:00 pm. 2. Roll Call Present: JW Foster, Joe Baker, Bob Isom, Jennifer Littlefield, Ken Garmann and Russ Hendrickson. 15 -059 MOTION BY BOB ISOM EXCUSING TRACEY WOOD FROM THE MEETING. CARRIED. Agenda Approval 15 -060 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - none scheduled 5. Public Comment - Sharon Iverson, Yelm City resident had a yard sale last weekend and was disappointed that the sign she put out on Yelm Avenue was picked up by John Rowland, City of Yelm Building Inspector. Ms. Iverson suggested that yard sales be allowed Friday through Sunday. Mayor Harding stated that there are many taxpayers' dollars spent picking up yard sales all around Yelm and that the Sign Ordinance has been in effect for over 20 years. Mayor Harding thanked Ms. Iverson for coming and voicing her concerns on this matter. Councilmember Foster asked about the Community events and their signage. Grant Beck, Community Development Director replied that signs are allowed for special events and community events such as Prairie Days, the Home & Garden Show and Christmas in the Park. C: 15 -061 7. Consent Agenda Minutes - Regular Meeting July 14, 2015 Payables - Checks #65060 - #60588 Totaling $99,407.29 YCP, Rotary Club of Yelm- Badminton Jamboree, August 8, 2015 8am -4pm YCP, VFW Post 5580 - Wounded Warrior Car Show, September 5, 2015 7am -4pm MOTION BY BOB ISOM APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. Public Hearing -2015 Six Year Transportation Improvement Program Mayor Harding opened the public hearing at 6:12 pm. Ryan Johnstone presented the staff report and stated there are more projects listed this year due to efforts to fill in the gaps between sidewalk projects. Mr. Johnstone stated that the Transportation Improvement Board (TIB) is now open for funding requests for sidewalk projects and he will be applying for funds. Councilmember Isom is extremely glad to see so many sidewalk projects on the STIP. Councilmember Littlefield asked what would be done on Y6B -Mill Road SE 107th to 1041" project listed on the STIP. Mr. Johnstone stated there will be more details on that specific project once it has been reviewed by engineers but thought the roadway itself might need to be redesign for safety concerns. Mayor Harding closed the public hearing at 6:20 pm. Page 1 of 3 July 28, 2015 Agenda Item 6. a. Minutes Page 2 of 3 8. New Business - a. Resolution No. 559 - Establishing the 2015 -2021 Six Year Transportation Improvement Program Ryan Johnston explained that the Six Year Transportation Improvement Program (STIP) is the capital facilities document that guides transportation funding for a six - year cycle. The STIP is based on the Yelm Comprehensive Transportation Plan and is the 'implementation' document for the overall plan. Projects are not eligible for State or Federal funding, or the use of the local Traffic Facilities Charges (TFC's), unless they are on the STIP. Although it is a six -year plan, it is required to be updated annually as projects are completed and new priorities arise. It is a simple list of planned projects that the City is required to identify annually. The City's Transportation Improvement Program (TIP) will contain certain projects that are fiscally constrained (a funding source identified). These projects will be included in the Regional Transportation Improvement Program maintained by our Regional Transportation Planning Organization, the Thurston Regional Planning Council (TRPC). The City works with TRPC to identify those projects that are regionally significant for inclusion in the Regional TIP. Certain projects from the Regional TIP become part of the Statewide Transportation Improvement Program. Those projects that are fiscally constrained and are regionally significant are included in the STIP and must be in order to receive State or Federal funds. A team comprised of the Public Works Director, the Community Development Director, and the City's consultant Gray and Osborne developed the proposed list. The list is included in the staff report. 15 -062 MOTION BY BOB ISOM ADOPTING RESOLUTION NO. 559 ESTABLISHING THE 2015 TO 2021 SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF YELM. CARRIED. 9. Old Business -none scheduled 10. Mayor and Council Initiatives Councilmember Foster attended the Thurston County Solid Waste Advisory Committee (SWAC) meeting and the Nisqually River Council meeting. Councilmember Baker stated the Yelm Adult Community Center Seniors were extremely happy to receive an $80,000 grant from the State Capital Budget to help with much needed repairs and upgrades to the building. Councilmember Garmann attended the Thurston County Law and Justice meeting where there were three speakers. The three items covered were Supervision training, the process for inmates to get their drivers license back and the third item again covered relicensing of inmates. Councilmember Garmann shared an article that he read in the Seattle Time regarding the Law and Justice budget for Okanogan County. Okanogan County Jail houses 182 inmates and their annual budget is three million dollars. To save costs they organized a team of volunteers to collect free food from various sources to feed the inmates. Councilmember Garmann also volunteered his time to the City of Colfax in conjunction with Eastern Washington University to help clean up their parks and trails. 11. Executive Session - none scheduled Page 2 of 3 July 28, 2015 Agenda Item 6. a. Minutes Page 3 of 3 12. Correspondence included — MRSC Newsletter Summer 2015 Thurston County Chamber of Commerce July /August 2015 Port of Olympia News Release July 23, 2015 Yelm Area Chamber of Commerce Chamber Chatter July 2015 Thurston County News Release, July 8, 2015 Olympia Lacey Tumwater Visitor Convention Bureau July 24, 2015 The Yelm Business Association letter dated July 27, 2015 Port of Olympia News Release July 27, 2015 5t" Wednesday County -City Meeting July 29, 2015 6:30pm, Thurston County Fairgrounds Councilmember Foster has been receiving comments from the community regarding the Mosman Intersection and they are very positive. Mayor Harding invited everyone to attend the Relay for Life event on Saturday, August 1, 2015 at the Rainier High School track field. 13. Adjourned at 6:36 pm. Attest: Ron Harding, Mayor Lori Mossman, Deputy City Clerk Page 3 of 3 July 28, 2015 YELM CITY COUNCIL STUDY SESSION WEDNESDAY, JULY 29, 2015 5:00 P.M. Mayor Harding called the meeting to order at 5:00 p.m. Present: Councilmembers: JW Foster, Jennifer Littlefield, Ken Garmann, and Tracey Wood. Staff: Grant Beck, Ryan Johnstone, Tami Merriman 4a. Sewer Facilities Plan Update was removed from the 7 /29 /15agenda. 4c. Animal Control Draft Ordinance. Grant Beck presented amendment to newly adopted UDC, YMC (Chapter 6.08) to clarify outdated animal control sections. Grant has been working with PW Director and Police Chief on the animal regulations. Requested review of the draft by departments affected: licensing and administration (Admin /Finance); enforcement, impound, care (Public Works) and enforcement of violations (Police Department), before bringing to Council August 28, 2015. 4b. Development Fee Schedule Update, Tami Merriman provided a new and improved permitting process to establish fees, other than building fees, consistent with the actual recovery cost for staff time to process specific permitting. Replaces complicated formula extensions and determines fees for Ministerial actions, Administrative actions, Quasi Judicial actions, Legislative actions, Appeals and other actions related to land use. Handouts provided. 5. Mayor's Report Ryan Johnstone reported that (FOG) fats, oils and grease concentration at the WWTP continues to be an issue and he has been working to find a solution. Mandatory corrective action will be directed first at those businesses that are known to be non - compliant. Process will begin with notification and education on the proper processing and disposal of fats, oils and grease and the potential for the City to recover excess costs to pump from those offending tanks. 6. Council Initiatives Council discussed current topics including facebook discussion regarding banners and trend in localized neighborhood social network groups. 510 Bypass was included in the state legislative 4 -yr funding budget. Grant Beck added that the transportation list has not been prioritized and may be obstructed by the mazama pocket gopher. The property has been purchased and the final bridge design is not been completed. Jennifer Littlefield inquired about encouraging YMCA or Boys & Girls Club for much needed place for students to participate in after school activities in Yelm. Adjourn: 7:20 PM. Attest Ron Harding, Mayor Janine Schnepf, City Clerk To From Date Subj Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 1 of 24 Mayor Ron Harding Yelm City Council City of Yelm STAFF REPORT Ryan Johnstone, Public Works Director August 5, 2015 (for August 11, 2015 City Council Meeting) SW Well 1A construction /construction management and SCADA integration contracts Attach: Construction management contract with RH2 Engineering, Inc. SCADA Integration contract with Parametrix, Inc. Construction contract with Prospect Construction, Inc. (Contract to be included in updated packet prior to August 11 Council meeting) Recommendation Authorize Mayor Harding to award the project to and sign the construction contract with Prospect Construction, Inc. in the amount of $4,931,035.28, sign the construction management contract with RH2 Engineering, Inc. in the amount of $508,000.00, and sign the SCADA Integration contract with Parametrix, Inc. in the amount of $$18,345.00 Background The SW Well 1A construction project is the culmination of several years of engineering and hydro geologic design and coordination. This is the first new source of potable water to be constructed as part of larger proposed water system improvements in the southwest portion of the City and it paves the way for additional future water system expansion as proposed in the current City of Yelm Water System Plan. Preliminary design of the SW Well 1A infrastructure began in 2012 with final design being completed in 2015. Current Situation The SW Well 1A project was advertised for construction on June 3, 2015 and bids were opened on July 15, 2015. 11 bids were received. Bids received were: 1. PSI - $5,807,907.03 2. PCI - $5,972,086.00 3. Harbor Pacific - $6,056,764.00 4. Rognlins - $6,898,242,22 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 2 of 24 5. Tapini - 6. Stellar J - 7. Waunch - 8. 2KG - 9. :urIIcI ... 10.MS1 - 11. Pease & Sons - $5,169,368.72 $5,543,840.22 $5,312,626.54 $6,485,798.55 $4,931,035 . $5,482,236.00 $5,306,668.00 The engineer's opinion of probable construction cost was $6,500,000.00 Prospect Construction, Inc. was selected as the lowest responsive bid. The construction management scope provided by RH2 is comprehensive and not only incorporates full -time onsite construction inspection services but also pre- construction services, facility startup and testing assistance, and SCADA system software development, startup, and testing among other things. The cost is appropriate and within industry expectations for a project this size. Finally, the Parametrix SCADA Integration contract includes the work necessary to incorporate the SW Well 1A infrastructure into the larger water utility SCADA system. Their services include making telemetry design, SCADA Telemetry startup and commissioning, and training. Funds for the project reside in Fund 431, Water Construction. While an initial project schedule has not been reviewed yet, it is reasonable to assume that the duration of the project will be approximately one year. e A Agenda Item 8. a. SW Well 1A Construction /Construction Mana C ration ontrac 9 9 s �P a F PAGE-S PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into on this day of , 20 1 by and between the City of Yelm, A MUNICIPAL CORPORATION hereinafter called the "CLIENT," and the consulting firm RH2 Engineering, Inc., whose address is, 22722 20 Drive SE, Suite 210, Bothell, Washington 98021, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Water System Improvements SW Well 1A Services During Construction WHEREAS, the Client deems it advisable to engage the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project. WHEREAS, the Consultant operates in compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State, and that personnel to be assigned to the work required under this Agreement are qualified to perform the work to which they will be assigned, and that sufficient qualified personnel are on staff or readily available to the Consultant to staff this Agreement. WHEREAS, the Consultant will perform the work set forth in the Agreement upon the terms and conditions set forth below and in the following Exhibits: Exhibit A Scope of Work Exhibit B Fee Estimate Exhibit C Schedule of Hourly Rates and Charges NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall facilitate completion of the work described in Exhibit A which is attached hereto and incorporated into this Agreement. The Consultant shall make minor changes, amendments or revisions in the detail of the work as may be required by the Client. This item does not constitute an "Extra Work" item as related to the "Extra Work" section of the Agreement. The Consultant is entitled to rely on the accuracy and completeness of any data, information, or materials provided by the Client or others in relation to the work. STANDARD OF CARE The Consultant shall be held to the same standard of care as is ordinarily practiced by other similar design professionals in that discipline for comparable work provided in a similar locality. DESIGN CRITERIA The Client will designate the basic premises and criteria for the work needed. Reports and plans, to the extent feasible and reasonable, shall be developed in accordance with the latest edition and amendments of applicable local and State regulations, guidelines, and specifications. OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Ownership of the source files of any reports, data, studies, surveys, charts, maps, drawings, specifications, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced by the Consultant as a result of this Agreement, whether or not completed, shall remain with the Consultant. Upon completion of the project, the Consultant shall provide the Client with tangible copies of the project documents in accordance with Exhibit A. The Consultant shall retain ownership of the source files and information developed by the Consultant in preparing the project documents. The Consultant shall provide the Client with electronic copies of the project documents, in accordance with Exhibit A, in any ofthe following formats: Adobe Portable Document Format (PDF), AutoCAD® Drawing Web Format (DWF) or JPEG (JPG). Any reuse of the project documents that is beyond the scope of the project is prohibited without written authorization from the Consultant. The Client acknowledges the Consultant's plans and specifications are instruments of professional service. The Client agrees to hold harmless and indemnify Consultant against all claims made against Consultant for damage or injury, including defense costs arising out of any reuse of such plans and specifications by any third party without the written authorization of the Consultant. Methodology, materials, software, logic, and systems developed under said Contract are the property of the Consultant, and may be used as the Consultant sees fit, including the right to revise or publish the same without limitation. TIME OF BEGINNING AND COMPLETION The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the Client. If, after receiving Notice to Proceed, the Consultant is delayed in the performance of its services by factors that are beyond its control, the Consultant shall notify the Client of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the Client for its approval, which shall not be unreasonably withheld. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. 07 23 15 10:34 AA1 REV 06 13 �,�, ata e m - ontrac[ - i - - ater ystem Improvements Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts 1 NO. Z bV�� °� PAYMENT The Consultant shall be paid by the Client for completed work for services rendered under this Agreement as provided hereinafter and as specified in Exhibit B and Exhibit C. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for the work shown in Exhibit A shall not exceed $508,000.00 without a written amendment to this contract, agreed to and signed by both parties. Payment for work stated in Exhibit A will be calculated based on the Consultant's hourly rates stated in Exhibit C. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties in writing at the time the extra work is authorized. (See "EX'T'RA WORK "). Finance charges, computed by a "Periodic Rate" of 1% per month, which is an annual percentage rate of 12% (applied to the previous month's balance after deducting payments and credits for the current month), will be charged on all past -due amounts unless otherwise provided by law or by contract. Invoices not paid within thirty (30) days will be considered past -due. Acceptance of final payment by the Consultant shall constitute a release of claims related to payment under this Agreement which the Consultant may have against the Client unless such claims are specifically reserved in writing and transmitted to the Client by the Consultant prior to its acceptance. The Consultant shall keep available for inspection by the Client, for a period of three (3) years after final payment, the cost records and accounts pertaining to this Agreement and items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration ofthe three -year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three -year retention period starts when the Consultant receives final payment. CHANGES IN WORK The Consultant shall make revisions and changes in the completed work of this Agreement as are necessary to correct Consultant's errors, when required to do so by the Client, without additional compensation. Should the Client find it desirable for its own purposes to have previously completed work or parts thereof revised, the Consultant shall make revisions, if requested and as directed by the Client in writing. This work shall be considered as "Extra Work" and will be paid for as provided in the Section "Extra Work." EXTRA WORK The Client may desire to have the Consultant perform work or render services in connection with the Agreement in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the Client. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be mutually resolved by the parties before the work is undertaken. EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the Client shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the Client, and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged in the work or services provided or to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the Client except regularly refired employees, without written consent of the Client. NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, gender, marital status, sexual orientation, age, or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment; promotions; demotion or transfer; recruitment or any recruitment advertising; layoff or terminations; rates of pay or other forms of compensation; selection for training; and rendition of services. The Consultant understands and agrees that if it violates this Non - Discrimination provision, this Agreement may be terminated by the Client and further that the Consultant shall be barred from performing any services for the Client now or in the future, unless a showing is made satisfactory to the Client that discriminatory practices have terminated and that recurrence of such action is unlikely. 07/23/13 10:34 AM REV OG3 ta e m LTl7\ionraaSi'e i - b= Ater ysm Improvements SDCdo Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration ontracts ORIONAL � .� Wf? biffiPAGES TERMINATION OF AGREEMENT The parties reserve the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the other party, subject to the Client's obligation to pay Consultant in accordance with the subparagraphs below. A In the event this Agreement is terminated by the Client other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work completed at the time ofthe termination ofthe Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate unless otherwise agreed. If the accumulated payment made to the Consultant prior to the Notice of Termination exceeds the total amount that would be due as set forth herein above, including any and all extra work, then no final payment shall be due and the Consultant shall immediately reimburse the Client for any excess paid. B. In the event the services ofthe Consultant are terminated by the Client for actual fault on the part ofthe Consultant, the above- stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the parties with reasonable consideration given to: the actual costs incurred by the Consultant in performing the work to the date of termination; the amount of work originally required which was completed by the Consultant in accordance with the standard of care stated herein prior to the date of termination; the cost to the Client of employing another firm to complete the remaining work required and the time which may be required to do so; and other factors which affect the value ofthe work performed at the time oftermination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection A had been applied C. The Consultant reserves the right to suspend performance of the work in the event of nonpayment by Client for invoices furnished in accordance with the Payment provisions as listed herein. In the event that Consultant suspends performance ofthe work, the Consultant and the Client shall make a good faith effort to resolve the matter of nonpayment. Consultant shall resume work once such resolution is reached and payment is received in full. D. In the event this Agreement is terminated prior to completion ofthe work, the Consultant shall retain ownership ofthe source files for all plans, reports, and documents prepared by the Consultant prior to termination. The Client shall be provided with tangible and electronic copies ofthe documents in accordance with the "Ownership of Products and Documents to be Furnished by the Consultant" section ofthe Agreement herein. DISPUTES The parties shall make a good faith effort to resolve disputes concerning questions of facts in connection with work prior to initiating legal action. In the event that either party institutes legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the courts ofthe State of Washington, situated in Thurston County. LEGAL RELATIONS The Consultant shall comply with all federal, state and local laws and ordinances directly applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify and hold harmless the Client, its officers and employees from claims, demands or suits at law or equity directly resulting from Consultant's negligent acts, errors or omissions under this Agreement, provided that nothing herein shall require the Consultant to indemnify the Client against and hold harmless the Client from claims, demands, or suits resulting from the conduct ofthe Client, its officers or employees. Provided further, if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant, its agents, or employees, and (b) the Client, its agents, officers, or employees, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent ofthe Consultant's negligence or the negligence ofthe Consultant's agents or employees except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2.0 million, unless waived or reduced by the Client. The Consultant shall submit to the Client a completed Standard ACORD Certification Form as proof of insurance. This Form shall name the Client as an additional insured for Consultant's applicable insurance policies. All coverages provided by the Consultant shall be in a form and underwritten by a company acceptable to the Client. The Client will normally require carriers to have a minimum A.M. Best rating of A VII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of thirty (30) days' notice shall be given to the Client prior to the cancellation of any policy. The Consultant shall verify, when submitting the first payment invoice and annually thereafter, possession of a current business license while conducting work for the Client. The Consultant shall require, and provide verification upon request, that subconsultants participating in a Client project possess a current business license. The Consultant's relation to the Client shall be at all times as an independent contractor. Any liability incurred by the Consultant as a result of this Agreement is limited to the fee amount as stipulated within the Payment terms herein. SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any ofthe work covered by this Agreement without the express consent ofthe Client. 07/23/15 10:34 AM RFV 06/13 ata\ elm - onaacc PST- 7SL'6ir= T1,T,6i-' a er System provemen[s SDC.docx Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts ENDORSEMENT OF PLANS The Consultant shall place their certification on plans, specifications, estimates, or other engineering works produced by them in accordance with RCW 18.43.070. COMPLETE AGREEMENT This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be mutually agreed upon in writing and will become part of this Agreement. No agent or representative of either party has authority to make, and the parties shall not be bound by or liable for, any statement, representations, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment or "Extra Work" authorization to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written below. � A zaac,/- APPROVED - ff TURV APPROVED - SIGNATURE Geoffrey G. Dillard PRINT NAME PRINT NAME Director TITLE %- Z3 -IS` DATE RH2 Engineering, Inc., 22722 299, Drive SE, Suite 210, Bothell, WA 98021 snc.docx TITLE DATE City of Yelm, 901 Rhoton Road, Yelm, WA 98597 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Pa e 7 of 24 3Rl04AL I PAGE NO. OF PAWS Exhibit A Scope of Work City of Yelm Water System Improvements SW Well 1A Services During Construction March 2015 Background The City ofYelm (City) retained RH2 Engineering, Inc., (RH2) to perform the preliminary and final design of the proposed SW Well 1A treatment and well project. The final design documents prepared by RH2 were submitted to the City and the Washington State Department of Health (DOH) for review and approval in December 2014. Project Objective This Scope of Work provides additional tasks to the original contract to include services during construction. Project Approach Note: Task numbering follows the task - numbering scheme included in the previous Scopes of Work. Task 22 — Pre - Construction Assistance Objective: Prepare for and attend a pre - construction meeting, which will include the contractor, the City, and other utilities and involved agencies for construction. Approach: 22.1 Prepare pre - construction meeting agenda. 22.2 Prepare construction documents for contractor (see deliverables for this task). 22.3 Conduct the pre - construction meeting. Review roles of the consulting engineer, City, contractor, and other agencies involved in the project. Discuss general contract provisions and review project observation and reporting responsibilities of the engineer, contractor, and City. Prepare meeting minutes. This meeting will be attended by: RH2's principal, facilities manager, electrical manager, and the project engineers who will conduct on -site observation as described in Task 24.. RH2 Deliverables: • Pre- construction agenda and meeting minutes. • Construction documents will consist o£ two (2) full -size 22 -inch by 34 -inch color plans, four (4) half -size 11 -inch by 17 -inch color plans, and four (4) sets of specifications. 3/11/2015 3:29:30 PM ):\ Data \Yelm\ 512 - 127 \C ntracc \SDC \PSA- SOW- YEL.hi- SDC.docx Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts O RONAL iri4(,1E telo. klPa of 24 PAGES City of Yelm SW Well lA Service During Construction Exhibit A Scope of Work Task 23 — Document Review and Construction Phase Consultation Objective: Review documentation associated with construction, including shop drawings, catalog submittals, requests for information (RFIs), pay requests, and change orders. Provide technical consultation with the City regarding costs, construction phasing, and constructability issues. The number of hours estimated to review the shop drawings, catalog submittals, RFIs, and change orders are based on similar-Projects with the same complexity. The number of hours spent may vary depending the completeness, responsiveness, and the clarity of each document provided by the contractor. It is assumed that there will be fourteen (/4) pay - estimate reviews throughout the construction period. Approach: 23.1 Review shop drawings and catalog submittals of items requested in the technical specifications. Provide a written response to the contractor and the City accepting or rejecting each shop drawing and reviewed catalog submittal. 23.2 Review written RFIs and change -order proposals, and provide written responses to the City. 23.3 Consult with the City regarding construction costs, scheduling, and constructability issues. 23.4 Review and consult with City, and approve pay requests. RH2 Deliverables: • Written responses for shop drawings and submittals, RFIs, pay requests, and change orders. Task 24 — On -site Construction Observation Objective: Observe construction activities on -site, and attend construction meetings. Review contractor's pay requests, and prepare progress reports and contract time remaining statements. Approach: 24.1 Provide an RH2 representative once every two (2) weeks at construction progress meetings for the 250 working days of the contract. Prepare records of the meetings for distribution to the attendees. 24.2 Provide on -site construction observation. The fee estimate reflects a total of 25 hours per week of on -site observations by an RH2 engineer for the duration of the construction period (assumed to be forty (40) weeks). Prepare progress reports, including contract time remaining statements. Assist City with retaining the services of certified testing companies for special concrete, grout, concrete masonry unit, structural steel, coatings, welds, asphalt and soil inspections, and field and /or lab testing. Provided by the City: • Contracting and paying directly for special testing services and lab fees. RH2 Deliverables: • On -site observation and preparation of construction observation and progress reports. 3/11/15 3:29 PNf J:\ Data \Yelm \512- 127 \Contract \SDC \PSA - SOW- YELM- SDC.docx Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts —� Pag 9 of 24 City of Yelm SW Well lA Service During Construction Exhibit A Scope of Work Task 25 — Startup and Testing Observation Objective: Observe the testing of unit operations and individual systems and the overall startup of the treatment facility. Prepare a project acceptance letter for the City and a Construction Completion Report (CCR) for the DOH. Approach: 25.1 Coordinate with the contractor, the City, and representatives of the manufacturer of the treatment systems, for the scheduled testing and startup activities. The treatment systems shall include the sodium hypochlorite on -site generation systems, water quality monitoring equipment, and filter and carbon contactor systems. This coordination will include the review and supplementation of the testing protocols developed by the contractor and manufacturer's representative, and review of the tests and corrections. 25.2 During startup, document activities and coordinate with the contractor, per their compliance with the plans and specifications. Notify the contractor and the City of work that has not been completed by the contractor, and discuss contractor's rectification plan. 25.3 Attend final on -site observation with City staff, prepare a letter of recommendation for project acceptance for the City, and prepare the DOH CCR for the portion observed by RH2 staff. RH2 Deliverables: • Punch -list, final project acceptance letter, and CCR. Task 26 — Record Drawings Objective: Coordinate with the contractor and City to develop a set of record construction drawings. Approach: 26.1 Coordinate with the contractor and City in obtaining their field records. Review the Contractor - provided Operations and Maintenance (O &M) Manuals for consistency with installed equipment and O &M information. 26.2 Review field records and revise contract drawings for use in preparing record drawings. RH2 Deliverables: • One (1) full-size, 22 -inch by 34 -inch color plans, and two (2) half -size, 11 -inch by 17 -inch color construction record drawings. Task 27 — Operations Assistance Objective: Develop a customized O &M manual for the City's use. Approach: 27.1 Prepare a detailed O &M manual specific to this facility. The O &M manual will include the overview of the process components, daily /weekly /monthly /yearly maintenance procedures for equipment, initial set - points for equipment during startup, and emergency procedures. 3/11/15 3:29 PM J:\ Data \Yeltn \512- 127 \Contract \SDC \PSA - SOW - YELM- SDC.docx Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts 3RUNAl. PAGE No. (Iw 1 p I f 2P24 City of Yelm SW Well 1A Service During Construction Exhibit A Scope of Work RH2 Deliverables: • Two (2) hard copies of the final O &M manual. • One (1) disk with electronic copy of O&M manual. Task 28 — Control System Software Development, Startup, and Testing Objective: Provide control software development services for the Operator Interface (OI) and Programmable Logic Controller (PLC) equipment. Provide factory testing, field testing, startup, and commissioning services. Approach: 28.1 Coordinate a maximum of two (2) software development workshops with the City. Workshops will be used to review facility data point standards, and control standards. 28.2 Develop the PLC data point names, descriptions, and addresses for the control panel, based on the control panel design and City data point standards defined in the software development workshops. Based on facility requirements and City control standards, develop control -loop descriptions, alarm interlocks, and control data required between facilities. Based on the previously defined PLC information, develop software for the facility control panel using Rockwell Automation RSLogix 5000 software. 28.3 Develop OI software for the facility control panel using City standards. 28.4 Provide the City, and the City's master telemetry and HMI integrator assumed to be Parametrix, with data point definition for control components in the design. This data will be used by RH2 for software development purposes, and will be used by Parametrix for integrating the facility controller with the City's HMI computer systems and master telemetry unit. RH2 will meet with the City and Parametrix up to two (2) times for control system coordination. 28.5 Perform a factory test of the facility control panel, motor control center, and variable frequency drives at the control system integrator's panel shop that will include the following: Compare the final fabricated products against the original design criteria; test the power systems; test the networking and communication components; test the PLC controller and 01; test the discrete and analog inputs and outputs through simulation equipment; load current software in the PLC and 01; test the PLC code and 01 user interface code. The City will be invited to approve the final panel configuration at the panel shop after testing is complete and to use this opportunity as a first level of training on the use of the field control equipment. A factory test report will be completed for the control panel. 28.6 RH2, the City, and the contractor will be on -site at the facility during testing. RH2 will rerun the factory tests that were implemented during the factory testing subtask using facility instrumentation. RH2 and Parametrix will test communications between the facility controller and the master controller and HMI Supervisory Control and Data Acquisition (SCADA) computer systems. RH2 and Parametrix will test data points and control capabilities between the facility controller and the HMI SCADA computer systems. RH2, will test control capabilities of the facility. Installation failures identified during startup will be added to a punchlist for the contractor to resolve. It is understood that these failures may be addressed during startup, or may require additional time to resolve and cause testing to be delayed. RH2 4 3/11/15 3:29 PM J: \Data \Yelm \512- 127 \Contract \SDC \PSA - SOW- YEI,t- SDC.docx Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 11 of 24 OF.0 PAWS City of Yelm SW Well 1A Service During Construction Exhibit A Scope of Work and the City willjointly approve the completion of the facility, based on the original design and information developed and approved in the subtasks above. Major or material changes to the ystem at the time of testing are not included in this Scope of Fork. 28.7 Prepare documentation material of the SCADA system for current and future operation and maintenance of the system. Provide training for City staff periodically throughout the duration of the project. Assumptions: • City staff will review and approve all information defined in subtasks 28.1 and 28.2 before PLC software development begins. City staff will review and approve all OI screen designs developed in subtask 28.3. KH2's Fee Estimate for Task 28 assumes a certain level of cooperation and timeliness from third parties required for testing. If additional hours are needed to accomplish Task 28, KH2 will not the City in advance of sucb additional hours needed, and additional bourn will be mutually negotiated. RH2 Deliverables: • Completed PLC information developed during subtasks 28.1 and 28.2, completed OI screen designs developed in subtask 28.3, factory testing reports finalized during subtask 28.5, final startup and commissioning reports completed during subtask 28.6, one (1) electronic copy of the PLC and OI software, and the O &M documents prepared during subtask 28.7. Task 29 — Operations Staff Interviews Objective: Provide City with recommendation regarding selection of operations staff to operate and maintain the treatment facility. Approach: 29.1 Attend the operations staff interviews and provide staffmg recommendations on to the City. It is assumed that the City will be leading the interviews and that there are four (4) candidates who will interview for this position. Task 30 — Post Construction On -Call Assistance Objective: Provide limited on -call assistance to the City. Approach: 30.1 Provide limited on -call assistance to the City during the first six (6) months of operation to assist with making operational setting adjustments as the facility begins operation. For budgetary purposes, it is assumed that KH2 will visit the facility two (2) times per month, and provide up to eight (8) bourn of on -call services per month. 3/11/15 3:29 P \1 J:\ Data\Yelm \512 - 127 \Contact \SDC \PSA - SOW- YELM- SDC.doex Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 12 of 24 FUGNINAL I KG NO. 100FLPAf EXHIBIT B City of Yelm Water System Improvements SW Well 1A Services During Construction Estimate of Time and Exoense I Total 26.1 Review Construction Documentation with Contractor and City 10 Description 14 Total Labor Total Expense Total Cost I Hours $ 1,874 $ 3,521 $ 5,395 Classification 20 $ 3,476 $ 524 $ 4,000 Task 22 Pre - Construction Assistance Document Review and Construction Phase Consultation 26.1 Review Construction Documentation with Contractor and City 10 22.1 Prepare Meeting Agenda and Meeting Minutes 14 $ 2,199 $ 56 $ 2,255 22.2 Prepare Construction Documents 14 $ 1,874 $ 3,521 $ 5,395 22.3 Conduct Pre - construction Meeting 20 $ 3,476 $ 524 $ 4,000 Subtotal 48 $ 7,549 $ 4,101 $ 11,650 Task 23 Document Review and Construction Phase Consultation 26.1 Review Construction Documentation with Contractor and City 10 24.1 Attend Bi- weekly Construction Meetings 132 23.1 Review Shop Drawings and Catalog Submittals $ 22,630 324 $ 51,634 $ 1,573 $ 53,207 23.2 Review RFIs and Change Order Documentation 1180 139 $ 22,903 $ 901 $ 23,804 23.3 Provide Construction Consultation 30,560 134 $ 23,302 $ 583 $ 23,885 23.4 Review and Consult with City $ 43 $ 6,620 $ 185 $ 6,805 38,410 $ Subtotal 640 $ 104,459 $ 3,241 $ 107,700 Task 24 On -site Construction Observation Startup and Testing Observation 26.1 Review Construction Documentation with Contractor and City 10 24.1 Attend Bi- weekly Construction Meetings 132 $ 21,108 $ 1,522 $ 22,630 24.2 Provide On -site Construction Observation 1048 $ 162,400 $ 8,550 $ 170,950 Subtotal 1180 $ 183,508 $ 10,072 $ 193,580 Task 25 Startup and Testing Observation 26.1 Review Construction Documentation with Contractor and City 10 $ 1,652 $ 43 $ 1,695 25.1 Review of Testing Procedures and Coordination 26 $ 4,356 $ 119 $ 4,475 25.2 Provide Startup and Testing Observation and Documentation 176 $ 29,072 $ 1,488 $ 30,560 25.3 Attend Final On -site Observation, Prepare Acceptance Letter and DOH CCR 32 $ 4,982 $ 443 $ 5,425 Subtotal 234 $ 38,410 $ 2,050 $ 40,460 Task 26 Record Drawings Control System Software Development, Startup and Testing 26.1 Review Construction Documentation with Contractor and City 10 $ 1,652 $ 43 $ 1,695 26.2 Prepare Record Drawings 104 $ 15,508 $ 4,557 $ 20,065 Subtotal 114 $ 17,160 $ 4,600 $ 21,760 Task 27 Operations Assistance 27.1 Prepare 0 &M Manual 138 1 $ 20,474 1 $ 1,146 1 $ 21,620 Subtotall 138 1 S 20.474 1 S 1.146 1 S 21.620 Task 28 Control System Software Development, Startup and Testing 28.1 Coordinate Software Development Workshops 28 $ 5,392 $ 348 $ 5,740 28.2 Develop PLC Software 130 $ 25,420 $ 640 $ 26,060 28.3 Develop OI Software 40 $ 7,960 $ 200 $ 8,160 28.4 Coordinate with the City's Master Telemetry and HMI Integrator 20 $ 3,860 $ 240 $ 4,100 28.5 Perform Factory Testing 48 $ 9,312 $ 328 $ 9,640 28.6 Attend Startup and Commissioning 140 $ 27,260 $ 1,545 $ 28,805 28.7 Prepare Control System O &M Documents and Training 28 $ 5,016 $ 360 $ 5,376 Subtotal 434 1 $ 84,220 $ 3,660 $ 87,880 Task 29 Operations Staff Interview 29.1 Attend Staff Interviews and Provide Recommendation 1 12 1 $ 2,260 _ $ 140 _ $ 2,400 Subtotal 12 1 $ 2.260 1 S 140 1 $ 2.400 1 sk 30 Post Construction On -call Assistance 30.1 Provide On -call Assistance 126 $ 19,946 $ = 1,004 $ 20,950 Subtotal 126 $ 19,946 $ 1,004 $ 20,950 PROJECT TOTAL 2926 $ 477,986 1 $ 30,0141 $ 508,000 J:\ Data \Yelm1512- 127�Contract \SDC \PSA - FEE -YELM SDC - Prospect.xlsx 7/23/2015 10:26 AM Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts JR10 AL I F3AOE N0. =OA as 1�f 1:� �a v .:' Professional IX $208.00 Technician IV $134.00 tw Professional VIII $208.00 Technician III $126.00 11 Professional f VII $199.00 Technician Technician II I $94.00 ' $89.00 Professional Professional VI $184.00 $I76.00 Administrative V $125.00 V Professional IV $166.00 Administrative IV $105.00 Administrative III $90.00 Professional I1I $155.00 Administrative II $75.00 Professional II $146.00 Administrative 1 $63.00 Professional I $134.00 `".a:'', �a 1 � In -house copies (each) 8.5" X II" $0.09 CAD Plots Large $25.00 In -house copies (each) 8.5" X 14" $0.14 CAD Plots Full Size In -house copies (each) 11" X 17" $0.20 CAD Plots Half Size $2.50 In -house copies (color) (each) 8.5" X 11" $0.90 CAD System Per Hour $27.50 In -house copies (color) (each) 8.5" X 14" $1.20 GIS System Per Hour $27.50 a jz In -house copies (color) (each) 11 X 17" $2.00 Technology Charge 2.5% of Direct Labor , Mileage Current IRS Rate j r yy 1110.201!5:10 PM ]-\- 1L 11TCa4an\SUCW9A-YF _NY l9UC Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 14 of 24 Parametrix ENGINEERING PLANNING ENVIRONMENTAL SCIENCES PROFESSIONAL SERVICES AGREEMENT Summary of Terms A. CLIENT NAME: City of Yelm Ryan Johnstone, P.E. Address: 105 Yelm Avenue West, Yelm, WA 98597 B. PROJECT NAME: SCADA Programming Services C. PARAMETRIX: ryanj @ci.yelm.wa.us Office Address: 1019 39th Avenue SE, Suite 100, Puyallup, WA 98374 Project Number: 216 - 1781 -034 D. EXECUTION DATE: (date of latest signature by parties) E. TERM: December 31, 2016 (time for completion; see Exhibit B for work schedule) F. COMPENSATION (check one): ❑ Lump Sum ............ .......................................... ............................... ❑ Negotiated Billing Rates ........... . .......................................... ............................... ® Salary Multiplier 3.25 ........... . .......................................... ............................... ❑ Other: G. NOTICES: If to Client: Address: 105 Yelm Avenue West [See Section 2.1 of the Terms and Conditions for Description; See Exhibit C for Compensation Schedule.] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum Amount: $ Total Compensation Amount: $ Total Compensation Amount: $ 18.345.00 Total Compensation Amount: $ If to Parametrix: Address: 1019 39th Ave. SE Ste. 100 Puyallup, WA 98375 Attention: Michael T. 011ivant, P.E. Phone: Fax: E -mail: (name of Parametrix signator) 253 - 604 -6600 1- 855 - 542 -6353 mollivant @parametrix.com Form 03 -CT -1- 114 /Rev. 05/08/2015 Page 1 of 7 Yelm, WA 98597 Attention: Ryan Johnstone, P.E. (name of designated diets representative) Phone: 360- 458 -8499 Fax: 360- 458 -8417 E -mail: ryanj @ci.yelm.wa.us If to Parametrix: Address: 1019 39th Ave. SE Ste. 100 Puyallup, WA 98375 Attention: Michael T. 011ivant, P.E. Phone: Fax: E -mail: (name of Parametrix signator) 253 - 604 -6600 1- 855 - 542 -6353 mollivant @parametrix.com Form 03 -CT -1- 114 /Rev. 05/08/2015 Page 1 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 15 of 24 PROFESSIONAL SERVICES AGREEMENT Terms and Conditions This Professional Services Agreement (this "Agreement') is entered into by and between Parametrix, Inc. ( "Parametrix ") and City of Yelm ( "Client ") as of the Execution Date referred to in the Summary of Terms (page 1 of this Agreement). (Parametrix and Client are each referred to herein as a "Party" and collectively as the "Parties. ") The Summary of Terms shall be incorporated with this Agreement by reference. Authorization to Proceed Unless otherwise provided in this Agreement, execution of this Agreement by Client will be authorization for Parametrix to proceed with the services outlined in the Scope of Work attached as Exhibit A (the "Services "). Client acknowledges and agrees that Parametrix will be providing the Services and the Work Deliverables (as defined in Section 12) specifically for and solely with respect to the Project and that attempts to reuse the Work Deliverables outside the context of the Project may cause substantial damage. Therefore, Client covenants and agrees that it shall not use the Work Deliverables, and shall not permit the Work Deliverables to be used, other than with respect to the Project, unless it has received the specific written approval of Parametrix. 2. Compensation 2.1 Parametrix's compensation under this Agreement shall be as set forth in the Summary of Terms and may be based on any one of the following: (a) Lump Sum. Under this compensation structure, Parametrix charges Client a fixed lump sum amount for the Services to be performed for the Project; Parametrix shall be responsible for all wages or salaries of its employees and costs of subconsultants. The lump sum amount shall include all Direct Labor costs and Expenses, Indirect costs (overhead), and Profit. (b) Negotiated Billing Rates. Under this compensation structure, Parametrix charges Client on the basis of negotiated (hourly, daily, etc.) rates for work performed on Client's Project by Parametrix employees of the indicated classifications. These rates are subject to annual calendar year adjustments and include all allowances for salary, overhead, and profit. Total Compensation is the maximum amount payable for the defined services, including indirect costs as identified under paragraph 2.2. (c) Salary Multiplier. Under this compensation structure, Parametrix charges Client rates equal to the direct wages or salaries Parametrix pays to its employees for work performed directly on the Project, multiplied by a negotiated multiplier as shown in Section F of the Summary of Terms to cover payroll - related taxes, payments, premiums, benefits, and other indirect costs, plus overhead and profit. Total Compensation is the maximum amount payable for the defined services, including indirect costs as identified under paragraph 2.2. 2.2 In addition to any of the fee structures set forth above in 2.1(b) and (c), Parametrix may charge Client for Direct Expenses. Direct Expenses include those costs incurred on or directly for the Project, including, but not limited to, necessary transportation costs, including current rates for Parametrix vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing services; telephone; printing, binding, and reproduction charges; all costs associated with outside consultants, and other outside services and facilities; and other similar costs. Reimbursement for Direct Expenses will be on the basis of actual charges when fumished by com- mercial sources and on the basis of current rates when furnished by Parametrix. In either case, a service processing charge of 15 percent will be added to Direct Expenses. Payment to Parametrix Parametrix will issue monthly invoices for the compensation due as a result of services provided under this Agreement to that time, less services previously billed. Invoices are due and payable on receipt. In the event that any portion of an invoice is disputed, payment will be made for the non - disputed amounts. Parametrix will charge interest at the rate of 1'/: percent per month, or the maximum permitted by law if less, on all past -due amounts starting 30 days after date of invoice. Parametrix will credit payments first to interest and then to principal. Standard of Care Parametrix shall perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Parametrix makes no warranties, express or implied, under this Agreement or otherwise, in connection with the Services. 5. Term and Termination 5.1 Term. The term of the Agreement shall be as set forth in the Summary of Terms. If a term is not specified in the Summary of Terms, Parametrix's obligation to render the Services under this Agreement will be for a period that may reasonably be required for the completion of the Services. 5.2 Termination For Cause. This Agreement may be terminated by (a) either Party if 1) the other Party fails to perform substantially in accordance with this Agreement through no fault of the other Party and does not commence correction of such failure within ten (10) days after written notice thereof and diligently completes the correction promptly thereafter, or 2) the performance of the Services pursuant to this Agreement are delayed or suspended for more than ninety (90) days for reasons beyond Parametrix's control; (b) Parametrix, upon seven (7) days' written notice if Parametrix believes that Client is requesting it to furnish or perform services contrary to Para - metrix's responsibilities as a licensed professional. Form 03- CT- 1- 114/Rev. 05/08/2015 Page 2 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 16 of 24 5.3 For Convenience. Either Party may terminate this Agreement for any reason, or for no reason, upon thirty (30) days' written notice to the non - terminating Party. 5.4 Payment Upon Termination. On termination, Client shall pay Parametrix for all authorized work per- formed up to the termination date plus termination expenses, including, but not limited to, costs related to the reassignment of personnel, subcontract termination costs, and related closeout costs. Cost Opinions Any cost opinions or economic evaluations provided by Parametrix will be on a basis of experience and judgment, but, since Parametrix has no control over market conditions, including cost of labor, materials, equipment, or services furnished by others, or bidding procedures, Parametrix does not warrant that bids, ultimate construction cost, or Project economics will not vary from these opinions. Client waives any claim for the accuracy or inaccuracy of such opinions. Limitation of Remedies Except as otherwise provided in Section 9 of this Agreement and except with respect to breaches by Client of its covenants in Section 1 of this Agreement, but notwithstanding any other provisions of this Agreement, each Party's cumulative liability to the other Party, whether in tort or in contract, for all claims, losses, damages, and expenses resulting in any way from the performance of this Agreement will not exceed the compensation received by Parametrix under this Agreement or $50,000, whichever is greater. As used in this paragraph, when referring to Parametrix as a liable Party, Parametrix includes Parametrix and its Directors, Officers, Employees or Agents. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor Parametrix, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. 8. Indemnification 8.1 By Parametrix. Subject to Section 7, Parametrix shall indemnify and hold harmless Client, Client's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by breaches of this Agreement by Parametrix or its officers, directors, employees, and consultants. 8.2 By Client. Subject to Section 7, Client shall indemnify and hold harmless Parametrix, Parametrix's officers, directors, partners, employees, and any individuals or entities that have a contract with Parametrix to furnish services with respect to the Project from and against any and all costs, losses, and damages (including, but not limited to, all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by breaches of this Agreement by Client or its officers, directors, employees, and consultants. 9. Hazardous Substances 9.1 Client has disclosed to Parametrix all data available to Client concerning the known or suspected presence of chemicals and/or chemical categories, as defined by the most current listing, 40 CFR 372 Subpart D — Specific Toxic Chemical Listings, at the Project site, including radioactive materials (a "Hazardous Substance ") in connection with the Services or has represented to Parametrix that, to the best of Client's knowledge after due inquiry, Hazardous Substances do not exist at or near the Project site. 9.2 Notwithstanding any other provision contained in this Agreement and to the maximum extent permitted by law, Client shall indemnify and defend Parametrix and its officers, employees, subconsultants, and agents from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or consequential damages and attorneys' fees arising out of or relating to the presence, discharge, release, or escape of Hazardous Substances on or from the Project site. 10. Insurance Parametrix shall maintain public liability and property damage insurance that shall protect Parametrix from personal injury or property damage claims arising from its negligent acts or omissions in the per- formance of the Services under this Agreement. The limits of liability for such insurance shall be at least $1,000,000 combined single limit. 11. Confidentiality 11.1 Definition of Confidential Information. "Confidential Information" means all nonpublic information, in whatever form (including without limitation orally disclosed information), that either Party to this Agreement (each a "Disclosing Party") designates as confidential at the time of disclosure to the Party that receives such information (each a "Receiving Party') or that, based on the nature of the information or circumstances surrounding its disclosure by or on behalf of Disclosing Party, Receiving Party should in good faith treat as confidential. Confidential Information includes without limitation, practices, procedures, specifications, drawings, sketches, models, samples, data, plans, computer programs, records, documentation, or other technical or business information. Except as otherwise indicated, the term "Receiving Party" also includes all affiliates of the Receiving Party. If information is disclosed in intangible form without being designated as confidential, Disclosing Party may still designate it as confidential by providing Receiving Party with written notice stating that designation and providing Receiving Party with a written summary of the confidential information, within twenty (20) days of initial disclosure. 11.2 Exclusion. Confidential Information does not include information that Receiving Party can document: (a) was generally known to the public at the time it was disclosed by Disclosing Party; (b) became generally known to the public other than through a breach of this Agreement by Receiving Party after the time of Form 03- CT- 1- 114/Rev. 05/0812015 Page 3 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 17 of 24 disclosure to Receiving Party by Disclosing Party; or (c) was independently developed by Receiving Party without reference to or use of Confidential Information. 11.3 Receiving Party Obligations. Receiving Party will not use or disclose any Confidential Information except in furtherance of the parties' mutually agreed business relationship. Receiving Party will not disclose, give access to, or distribute any Confidential Information to any third party, except upon Disclosing Party's prior, written authorization. Receiving Party will take reasonable security precautions to keep Confidential Information confidential, which precautions shall be at least as protective as the precautions Receiving Party takes to preserve its own Confidential Information of a similar nature. 12. Ownership 12.1 Work Deliverables. "Work Deliverables" shall mean the final plans, designs, reports, and /or other documents prepared by Parametrix for delivery or presentation to Client as called for in Exhibit A (the Scope of Work). All Work Deliverables produced by Parametrix for or at the direction of Client hereunder shall be the property of Client and, to the extent subject to copyright protection, shall be deemed 'Work for hire" as such term is defined under U.S. copyright law; provided, however that (a) Parametrix may retain copies of all such Work Deliverables in accordance with Section 14 of this Agreement, and (b) Client irrevocably grants Parametrix a world -wide, perpetual, non - exclusive license to use, reproduce, create derivative works from, and distribute or have distributed to or by third parties, the Work Deliverables. 12.2 Proiect Documents. All Project Documents shall be the sole property of Parametrix. "Project Documents" shall mean all studies, reports, evaluations, designs, drawings, procedures, field data, notes, specifications, plans, and all other documentation, including all documents on electronic media that are produced or acquired by Parametrix for or at the direction of Client pursuant to this Agreement, other than Work Deliverables. 13. Electronic Files and Data Subject to the provisions of Section 11, Parametrix will provide certain information, including drawings and other electronic format data files, to Client for Client's use and reference. However, Parametrix is neither accountable nor responsible for the validity of data contained on electronic files once surrendered to Client. Parametrix does not warrant the accuracy of the content as contained in the electronic file(s) against computer viruses, unauthorized revisions to the files, or any other alterations or data destruction to the file(s). Parametrix shall not have any liability for Client use of any electronic form file(s) or its content, including without limitation, any transmittal of bugs, viruses, or other destructive or harmful programs, scripts, applets, or files to the computers or networks of Client. Parametrix's preparation of a transfer copy of electronic data will be made or completed through reproduction from the file retained and archived at the offices of Parametrix. Client acknowledges that the content of the transfer copy may not be an exact and virus -free copy of the master file. Client acknowledges and agrees that Client shall be solely responsible for inspection and testing of the electronic file(s) provided by Parametrix to verify the content is free from bugs, viruses, or other destructive or harmful programs, scripts, applets, or files, before accessing or using. The original files containing the information and data maintained at Parametrix shall be considered Confidential Information under the terms of Section 11. 14. Document Retention 14.1 Work Deliverables. Work Deliverables are the property of Client and will be delivered to Client at Client's request. Notwithstanding the foregoing, Client acknowledges and agrees that unless Client specifically requests that such documents be delivered, all Work Deliverables left in Parametrix's possession after ten (10) years following the completion of the Project, regardless of whether this Agreement may still be in effect, may be retained or destroyed by Parametrix in its sole discretion. 14.2 Project Documents. All Project Documents may be retained or destroyed by Parametrix in its sole discretion. 15. Compliance with Laws Parametrix will: (a) comply with federal, state and local laws, ordinances, regulations, and orders as in effect as of the Execution Date with respect to its performance of the Services pursuant to this Agreement, (b) file all required reports and pay all filing fees and federal, state, and local taxes applicable to Parametrix's business as the same shall become due, and (c) pay all amounts required under local, state, and federal workers' compensation acts, disability benefit acts, unemployment insurance acts, and other employee benefit acts when due. 16. Notice of Lien 16.1 If Client is the Owner. If Client is the owner of the property on which the Services are to be performed, by signing this Agreement, Client is on notice and acknowledges Parametrix's right to claim a lien against the improvement called for by this Agreement for the cost of the Services if Client fails to pay all sums owed to Parametrix under this Agreement. 16.2 If Client is not the Owner. If Client is not the owner of the property on which the Services are to be per- formed, Client shall put the owner on notice of Parametrix's right to claim a lien against the improve- ment called for by this Agreement for the cost of the Services. 17. Independent Contractor Parametrix shall be deemed to be an independent contractor in the performance of this Agreement and shall not be considered or permitted to be an agent, servant, joint venturer, or partner of Client, its parent or affiliates, if any. All persons furnished, used, retained, or hired by or on behalf of Parametrix shall be considered to be solely the employees, personnel, or contractors of Parametrix, and Parametrix at all times shall maintain such supervision and control over its employees, personnel, and contractors as is necessary to preserve its independent contractor status. Parametrix shall be responsible for payment of any and all unemployment, social security, with- holding, and other payroll taxes for its employees, as applicable, including any related assessments or contributions required by law. Form 03- CT- 1- 1141Rev. 05/08/2015 Page 4 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 18 of 24 18. Dispute Resolution other Party, which consent shall not be unreasonably withheld, except that either Party may assign this All disputes arising between the Parties relating to the Agreement to an Affiliate without the other Party's making or performance of the Services shall be prior written consent. If such an attempted resolved in the following order of preference: assignment occurs, the nonassigning Party will have (A) By good faith negotiation between repre- the right to terminate this Agreement upon written notice to the assigning Party. This Agreement will be sentatives of Parametrix and Client who have authority to resolve the dispute fully and binding upon, enforceable by, and inure to the benefit finally. The existence and substance of any of the parties and their respective successors and negotiations pursuant to this Section shall be assignees to the extent permitted by this Section. considered Confidential Information under Affiliate" means, with respect to any legally this Agreement, shall be treated as recognizable entity, any other such entity directly or compromise and settlement negotiations for indirectly controlling, controlled by, or under common purposes of Federal Rule of Evidence 408 control with such entity. and any comparable provision and shall not 19.4 Third Party Beneficiaries. This Agreement gives no be used by any Party in any court, agency, or rights or benefits to anyone other than Client and tribunal in any country for any reason. Parametrix and has no third party beneficiaries. (B) In the event that the negotiations provided by 19.5 Survival. All express representations, covenants, Section 18(A) fail to resolve the dispute, the indemnifications, or limitations of liability included in Parties shall endeavor to resolve the dispute this Agreement will survive its completion or by non - binding mediation under the Com- termination (for any reason) for a period of three (3) mercial Mediation rules of the American years, provided. however, that the confidentiality Arbitration Association ( "AAA ") using a provisions of Section 11 shall survive indefinitely. neutral mediator mutually acceptable to the Parties and with the costs therefore shared 19.6 Non - Waiver. No waiver of any provision of this equally. All proceedings pursuant to this Agreement will be effective unless it is in writing Section 18(B) shall be considered Con- signed by an authorized executive of the waiving fidential Information under this Agreement, Party and labeled as a `Waiver," and no such waiver shall be treated as compromise and will constitute a waiver of any other proOsion(s) or of settlement negotiations for purposes of the same provision on another occasion. Non - Federal Rule of Evidence 408 and any enforcement of any provision of this Agreement by comparable provision, and shall not be used either Party shall not constitute a waiver of that by any Party in any court, agency, or tribunal provision nor shall it affect the enforceability of that in any country for any reason. provision or of the remainder of this Agreement. (C) In the event that the mediation provided by 19.7 Severability. If a court of competent jurisdiction holds Section 18(B) fails to resolve the dispute, the any term, covenant, or restriction of this Agreement to dispute shall be resolved pursuant to be illegal, invalid, or unenforceable, in whole or in Section 19.1. part, the remaining terms, covenants, and provisions will remain in full force and effect and will in no way (D) Notwithstanding anything to the contrary be affected, impaired, or invalidated. If any provision contained in this Section, the Parties reserve in this Agreement is determined to be unenforceable the right to seek equitable remedies with in equity, then the court making that determination will respect to the enforcement of any provision have the power to reduce or limit such provision, and of this Agreement. such provision will be then enforceable in equity in its reduced or limited form. 19. General Provisions 19.8 Headings. The headings used in this Agreement are 19.1 Governing Law: Venue: Attorneys' Fees. This inserted for convenience only and shall not be used in Agreement will be governed by the laws of the state the interpretation or construction of the terms hereof. of Washington, excluding conflict of laws provisions. Exclusive jurisdiction and venue will lie with the state 19.9 Countemarts. This Agreement may be executed in and federal courts sitting in Pierce County, any number of counterparts, each of which, when Washington, and each of the parties hereby executed, shall be deemed to be an original, and all irrevocably consents to such jurisdiction. In any of which together shall be deemed to be one and the action or suit to enforce any right or remedy under same instrument. this Agreement or to interpret any provision of this 19.10 Entire Agreement. This Agreement constitutes the Agreement, the primarily prevailing Party will be entire agreement between the parties with respect to entitled to recover its costs, including reasonable the subject matter hereof and supersedes all prior attomeys' fees. and contemporaneous agreements or commu- 19.2 Notices. Any notice required under this Agreement nications with respect to that subject matter. shall be in writing, addressed to the appropriate Party 20. Exhibits and Schedules at its address on the Summary of Terms, and given personally, or by registered or certified mail, postage The following exhibits and schedules are hereby prepaid, or by a commercial courier service. All made a part of this Agreement: notices shall be effective upon the date of receipt. Exhibit A — Scope of Work The addresses, phone numbers, facsimile numbers, and email addresses for the Parties provided in the Exhibit B — Schedule for Work Completion Summary of Terms may be changed by means of a written notice given to the other Party. Exhibit C — Schedule of Compensation p 19.3 Assignment. Neither Party may assign this Agreement or any of its rights and obligations hereunder without the prior written consent of the Form 03 -CT -1 -114 /Rev. 05/08/2015 Page 5 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 19 of 24 Signature Page - Professional Services Agreement The Parties have caused this Agreement to be executed by their duly authorized representatives as of the Execution Date referred to in the Summary of Terms. CLIENT By: Name: Ron Harding (Please Print) Title: Mayor Date: MIZU Name: Title: Water Solutions Division Manager Date: �/ y //S` Form 03- CT- 1- 114 /Rev, 05108/2015 Page 6 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 20 of 24 Exhibit A — Scope of Work See attached Scope of Work. Exhibit B — Schedule for Work Completion Services to be coordinated with the construction schedule of the project and will terminate on December 31, 2016. Exhibit C — Schedule of Compensation See attached budget. Form 03- CT- 1- 114/Rev. 05/08/2015 Page 7 of 7 Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 21 of 24 Parametrix ENGINEERING _ PLANNING ENVIRONMENTAL SCIENCES EXHIBIT A - SCOPE OF WORK City of Yelm SW Well 1A - SCADA Programming Services INTRODUCTION AND BACKGROUND The City of Yelm (City) retained RH2 Engineering, Inc., (RH2) to perform the design of the proposed SW Well 1A treatment and well project. The City has requested that Parametrix program the SCADA communication system including the Master Telemetry Unity (MTU) at Well 1. RH2 will be responsible for the instrumentation and controls at the site. Because wireless telemetry is proposed, RH2 will be responsible to demonstrate that the MTU is receiving the wireless signal. PHASE ? - PROJECT MANAGEMENT. COORDINATION and QUALITY CONTROL Task 1 - Project Management Measurable Objective The objective of this task is to provide project management of the consultant's team in completion of the tasks included in this Scope of Work. This work includes: • Managing budget, schedule, and tasks and reporting the status to the City of Yelm's project manager. • Preparation of an invoice for services performed by the consultant. Assumptions As needed internal project team meetings may be held at the Parametrix office or via telephone conference call. • QA /QC will be completed by Parametrix. Deliverables • Written documentation of project management issues such as scope, schedule, budget changes, etc. • Submission of monthly invoices for work completed. PHASE 2v _ SCADA COM11r1UNICAr'ON �DRC)GRAMIVIING — SW WELL !A As defined by the Scope of Work provided by the site integrator (RH2), Parametrix will provide minimal consultation to the City and RH2 for the control software development services, the Operator Interface (OI) and Programmable Logic Controller (PLC) equipment. Parametrix will program the SCADA Master Telemetry Unity (MTU) at Well 1. Parametrix will also provide field testing, startup and commissioning services of the SCADA MTU. All services pertaining to the performance of the OI, PLC, and telemetry within the facility are the responsibility of RH2. City of Yelm 216- 1781 -031 SW Well 1A — SCADA Programming Services 1 February 2015 Scope of Work Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 22 of 24 SCOPE OF WORK (continued) Task 28.1 — Participate in Software Development Participate in a maximum of two (2) software development workshops with the City. Workshops will be used to review facility data point standards, and control standards. Parametrix has budgeted a total of 8 hours for consultation with the City and RH2 in support of this task. Task 28.2 — Develop PLC Software — Not -in- Contract Task 28.3 — Support 01 software Development Participate in a maximum of two (2) software development workshops with the City. Workshops will be used to review facility data point standards, and control standards. Parametrix has budgeted a total of 8 hours for consultation with the City and the RH2 in support of this task. Task 28.4 — MTU Telemetry Design and Configuration Parametrix will integrate the facility controller with the City's existing HMI computer systems and master telemetry unit (MTU). Measurable Objective • Programming of the MTU radio to connect to the new RTU radio in the system. • Ensure there is a communications path. • Programming of a new Data Base in the MTU for the new RTU. Assumptions • RH2 will provide Parametrix with data point definition for control components in the design. • One consultant /integrator shall perform the necessary work to ensure proper communications. • The existing MTU has adequate capacity to accommodate the additional site. Deliverables • Parametrix up to two (2) meetings with RH2 and the City for control system coordination. • Electronic copies of radio software and radio configuration files. City of Yelm 216- 1781 -031 SW Well 1A —SCADA Programming Services 2 February 2015 Scope of Work Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 23 of 24 SCOPE OF WORK (continued) Task 28.5 — Perform Factory Testing — Not -in- Contract Task 28.6 — SCADA Telemetry System Startup and Commissioning RH2, the City, and the Contractor will be on -site at the facility during testing and be responsible to demonstrate that a signal is reaching the MTU. Parametrix will perform testing at the MTU during the same process. Measurable Objective The objective of this task is to be involved with the commissioning of the facility. Parametrix, RH2, and the contractor will test communications between the facility controller and the master controller and HMI SCADA computer systems. RH2 and Parametrix will test data points and control capabilities between the facility controller and the HMI SCADA computer systems. Installation failures identified during startup will be added to a punch list for the contractor to resolve. Assumptions RH2 will test the control capabilities of the facility to confirm that all 1/0 is functioning properly prior to beginning the SCADA Network testing. • Failures may need to be addressed during startup, or may require additional time to resolve and cause testing to be delayed. Deliverables • Parametrix will leave the updated application on the existing SCADA computer as this will be the platform where the new development will take place. • Final startup and commissioning reports Task 28.7 — Documentation and Training Measurable Objective Prepare documentation material of the SCADA system and maintenance of the system. Provide training for City staff periodically throughout the duration of the project. The objective of this task will be to train city O &M staff on how to operate and maintain the new telemetry equipment. Assumptions • Parametrix has budgeted a total of 8 hours for consultation with the City in support of this task. Deliverables Conduct one (1) 4 -hour training class and 4 additional hours of onsite support on the new telemetry equipment installed. • Provide one (1) electronic copy of the SCADA Communication Software. City of Yelm 216- 1781 -031 SW Well 1A —SCADA Programming Services 3 February 2015 Scope of Work Agenda Item 8. a. SW Well 1A Construction /Construction Management and SCADA Integration Contracts Page 24 of 24 Client: City of Yelm Exhibit C - Schedule of Compensation Project: Yelm -SCADA Programming SW Well Project No: Labor Totals: $17,925.00 111 8 4 3 4 88 4 $1,680.00 $400.00 $345.00 $780.00 $14,080.00 $640.00 DIRECT EXPENSES: Description Amount B & W 8.5x11 $4.00 B & W 11x17 $2.00 Mileage $414.00 v $420.00 w C Y Q .0 t ?� u > m M r- mm' _ z61 v (3 0U �� 0 c 10 c o a a c c in d •- o d c o c no 00 00 y U a` a` v0 8 w V1 CL V1 Ln V1 Q {n In N Phase Task Description Labor Dollars Labor Hours 01 Project Management & Coordination $2,250.00 14 4 4 2 4 28 SCADA Communication Programmini $15,675.00 97 4 1 88 4 28 01 Participate in Software Developme, $1,280.00 8 8 28 02 DeveloR PLC Software - NIC $0,00 0 28 03 Support 01 Software Development $2,280.00 8 8 28 04 IMTU Telemetry Design & Con ' $9,160.00 56 4 48 4 28 05 Perform Factory Testing - NIC $0.00 0 28 06 SCADA Startup and Commissioning $2,675.00 17 1 16 28 07 Documentation and Training $1,280.00 8 8 Labor Totals: $17,925.00 111 8 4 3 4 88 4 $1,680.00 $400.00 $345.00 $780.00 $14,080.00 $640.00 DIRECT EXPENSES: Description Amount B & W 8.5x11 $4.00 B & W 11x17 $2.00 Mileage $414.00 Expense Total: $420.00 Project Total: $18,345.00 AGREEMENT THIS AG1tFJ- .iv1FNl' is entered into by and between the CITY OF YELM (hereinafter called the Owner) and 4— 'DC_C4 (f.11111 �7''� ✓t�L160K _ Tt1C . (hereinafter called the Contractor). The Owner and the Contractor agree as follows: ARTICLE 1. WORK. This Contract provides for the construction of the Yelm SW Well lA Water System Improvements. The proposed project will include a pressurized filter vessel; sodium hypochlorite on -site generation and feed system; a backwash recycle system; an at -grade steel reservoir; electrical panels and controls; process automation; backup power supply, site improvements, off -site utilities, and other miscellaneous items as further shown, described, and indicated in the Contract Documents. ARTICLE 2. CONTRACT TIME. The Contractor shall substantially complete the Work required by the Contract within 250 working days (the Substantial Completion Date) and physically complete the Work within 280 working days (the Physical Completion Date). ARTICLE 3. LIQUIDATED DAMAGES. The Owner and the Contractor recognize that time is of the essence and that the Owner will suffer financial loss if the Work is not completed within the time, plus any extensions thereof, allowed in accordance with the Contract. They also recognize the inconvenience, expense, and difficulties involved in a legal proceeding to prove the actual loss suffered by the Owner if the Work is not completed within the time allowed in the Contract. Accordingly, the Owner and the Contractor agree that as liquidated damages for delay, and not as a penalty, the Contractor shall pay the Owner ($2,500) per day for each working day beyond the Substantial Completion Date that the Contractor achieves substantial completion of the Work and ($1,000) for each working day beyond the Physical Completion Date that the Contractor achieves physical completion of the Work. ARTICLE 4. CONTRACT PRICE. The Owner shall pay the Contractor the amount(s) set forth in the Proposal (in United States dollars) for completion of the Work in accordance with the Contract. AGREEMENT — Continued —1- 1:A )at a, docx 6/l/ 15 ewe, AM G 2015 RH2 kngineering, Inc.. C—r-1 Forms Summer 2015 City of Yehn Contract Forms Yelm SW Well 1A Water System Improvements ARTICLE 5. CONTRACT. The Contract, which comprises the entire agreement between the Owner and the Contractor concerning the Work, consists of the following: • This Agreement; • The Advertisement for Bids; • The Contractor's Proposal including the bid, bid schedule(s), information required of bidder, Proposal bond, and all required certificates and affidavits; • The performance bond and the labor and material payment bond; • The Contract Documents and Specifications, including 2012 WSDOT Standard Specification as referenced; • The Plans (or drawings) consisting of sheets, as listed in the index on sheet I of the Plans; • Addenda numbers, inclusive; and • Change Orders issued after the effective date of this Agreement. There are no Contract Documents other than those listed in this Article 5. The Contract may be amended only in writing by Change Order as provided in the Contract. ARTICLE 6. MISCELLANEOUS. The Contractor specifically waives any immunity granted under the State Industrial Insurance Law, RCW Title 51, which is specifically acknowledged by the Contractor. (Contractor's initials) The Contractor shall not assign any rights under or interests in the Contract, including but not limited to rights to payment, without the prior written consent of the Owner. Unless specifically stated in a written consent to an assignment, no assignment will release or discharge the Contractor - assignor from any duty or responsibility under the Contract. The Contract is binding upon the Owner and the Contractor, and their respective partners, successors, assigns and legal representatives. IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written. 6/t/15 9:46 AM 1:A11ara \1 dn,As 12- 127 \DesgnAspecs \;ynria'cdrs,tcaj s.dou.x Coru—, 17— © 2015 R[12 Hnginecnng, Ioc.. City of Yelm Summer 2015 Yelm SW Well ILA Water System Improvements Contract Forms CITY OF YELM CONTRACTOR By Date License No. PROSPCIO22CD If B Rya Sondgroth Title vice President y Attest Susan L. Dunn Name and Address for giving notices (print) Prospect Construction, Inc. 116 23rd St. SE Puyallup, WA 98372 —3- J: \Data \1'elm \S 12- 127\ Dcsiym \5pccsl!don- Tcd�nicalsdocc 6/1/15 9:a G AN CC 2015 RH2 Engineering, rnc. Contrzu fossns City of Yelm Summer 2015 Yelm SW Well ILA Water System Improvements Contract Forms CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF S TA TUTOR Y RE TAINED PERCENTAGE Prior to beginning the project, complete and submit the "Statement of Intent to Pay Prevailing Wages" (Sample of the form is provided under the Prevailing_ Wages section, actual form shall be obtained from the State) Retainage is held by the Owner following Substantial Completion. Contractor shall be responsible for paying the necessary insurance to the State of Washington. Retainage will not be released until after the Owner receives the Contractor completed Certification of Industrial Insurance Paid and Request for Release (L &I, Department of Revenue, Employment Securities) form and all other contract requirements are met. If Contractor wishes to have retainage invested, fill out form below and submit to the Owner prior to first progress payment. A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner. Signature Date OB I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject to withdrawal until after final acceptance of the work. Signatur Date 007131 .115 C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Prior to the Owner investing any fund in an escrow account, the Contractor shall obtain a letter from the repositor on their letterhead stating their acceptance of the account, the account number and a statement that they will not release any funds until authorized in writing by the Owner. Signa t Date —19- J:ADataA,l&l \512- 137 \De,igie \Sp— A*lon= 1'ech,-6do- 6/1/159:46 AM © 2015 RI I2 Enginccring, Inc. c—l—, Forms City of Yelm Summer 2015 Yelm SW Well 1A Water System Improvements Contract Forms PERFORMANCE AND PAYMENT BOND BOND NO. 023033127 KNOW ALL MEN BY TI fFSF PRESF,NTS: THAT whereas City of Yelm, Yelm, Washington a municipal corporation has awarded to: Prospect Construction, Inc. (Contractor) hereinafter designated as the "Principal' a contract for work items, which contract consists of the Proposal /Agreement, together with the Contract Documents, Specifications, Addenda and Plans, all as hereto attached and made a part hereof, and more particularly described as: Yelm SW Well 1A Water System Improvements and whereas said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we the Principal and Liberty Mutual Insurance Company V a corporation, organized and existing under and by virtue of the laws of the State of Massachusetts, and duly authorized to do business in the State of Washington as surety, are firmly bound unto City of Yelm in the sum of Four Million Nine Hundred Thirty One Thousand * dollars ($ 4,931,035.28 1 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. * Thirty Five and 28 /100ths THE CONDTTION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said contract, and shall faithfully perform all the provisions of such contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified; and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work on his or their parts; and shall indemnify and save harmless the Owners Engineer, its officers and agents, from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor, in the performance of said contract or any modifications thereof; and shall further indemnify and save harmless City of Yelm, its officers and agents, from any damage or expense by reason of failure of performance as required by said contract, or any modifications thereof, or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after acceptance thereof by City of Yelm, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying die same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alternations or additions to the terms of the contract or the work or to the specifications. This Bond is provided pursuant to and shall be construed in accordance with Ch. 39.08 RCW. —17- J;Al�e1aV1 elm \i i? -127V lheilm \tiprraANo:r I'ochuic�ls dncx 6/ 1/15 9:46 AM G 2015 RI12 Iingincenng, Inc. Courser Forme Summer 2015 City of Yelm Contract Forms Yelm SW Well 1A Water System Improvements IN WITNESS THEREOF, the said Principal and the said surety caused this bond and three (3) counterparts thereof to be signed and sealed by their duly authorized officers, this 3rd day of August , 2015. Prospect Construction, Inc. Principal By Title Vice Pr esi dP-nt ATTEST (If Corporation) WITNESSES (If Individual or Partnership) APPROVED AS TO FORM S�lren Liberty Mutual Insurance Company By By Peggy A. Attorney-in-Fact ( Attorney for ) Address of local office and agent of Surety Company is: Propel Insurance 925 Fourth Avenue, Suite 3200 Seattle, WA 98104 —18- 6/7/ 15 9:16 AM J =\ O9 to \ ti'elm\ Si � - i?7 \ Deni6nx \Sperm\ N oo-'f¢hmevL dncx Cornnct f +—' © 2015 11112 Enginecring, Inc.. r� :0M � Gf v m OM > d� 7 M .y O r O 0.4) C ` dr eta in � r Ei M M C >d r� Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6920314 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Barbara A. Johnson; Brent E. Heilesen• Carley Espiritu; Christopher Kinyon; Cynthia L. Jay; Diane M. Harding; Eric A. Zimmerman; Jake Oja; James B. Binder; Jamie Diemer• Jeffrey L. Zimmerman; Jennifer L. Snyder; Julie R. Truitt; Karen Swanson; Kellie Hogan; Kristine A. Lawrence; Lisa M. Anderson; Mandy Keltner; Mitchell R. Smee; Peggy A. Firth; Peter J. Comfort; Sandra J. Kulseth; Wyntrene Mace all of the city of Tacoma state of WA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of March 2015 Pp10 CgSG `" 0 SV \NSUq N'NSUq American Fire and Casualty Company 0�r�" The Ohio Casualty Insurance Company 1906 o a 7979 f 1912 ° 1991 3 Liberty Mutual Insurance Company s ° West merican Insurance Company d��Lb Hnmes�°'r2J� yarncS"'v�aJ m� 9ss.c�us�r2 rhniaN? /� * 1 * * * By. /ey STATE OF PENNSYLVANIA ss David M. Carey; Assistant Secretary COUNTY OF MONTGOMERY On this 24th day of March 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 5p PgSr COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public By: OF Plymouth Twp., Montgomery County Teresa Pastella, Notary Public �P My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries RY This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 2 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this S day of 20 p10 Cq ZY INS WSUq \NSUq 4���evoeA�9�1 e5J?�oN'0rura9'9�0 �J2�peP°�ro�rF �e`GZ<9aaosq %�� a 1906 j o 7919 n 1972 ° ` 1991 3 BY: 3 z ° a a' Gregory W. Davenport, Assistant Secrets dy�Jb NAMPSH *dab Oy%LkRMP'.���'sa ��/jyQSSgCHUS��r2 � NDIAM1P Y 9 ry PO Secretary * * * LMS_12873_122013 645 of 800 M "fl rn rn d c .N 3 C O O Vy d W C E 0a Q M O� 3 M OE aM H O t O O r�.0 d >� d 0 rco M t� 0 0o O� F- � Agenda Item 12. Correspondence Page 1of4 va w, 'turn I depre,,en t a live I) en n y I I ec 1( (,"ONG01 RESSM AN De"nny fleck PROUDIL), SERVING WASHINMON'S i4TH DISTJU( F-Ilow (',aiin We IlhII6IIII You M=Jt�lf As YOUir representative, C: ping L ieck works to eInSUire YOU receive necessary assistaince and resMlirces . le is coin')in')itted to in')akiing goveirinin')eint in')oire accessible, transparent and responsive F:edeirM Ageincy Ass�istaiince COInStitUent Services Representatives are available to Ihellp YOU navigate federal agencies and, when necessairy, direct COMMON ISSUES YOU to the appiropiriate state or local agency to answer YOUir 11114CLUDE: qUestions and respond tO YOUir reqUests F:11ease see Ikrelo VA da�irns and dates and tin')es that representatives will be in YOUir area health care access IMMary/Refiree loay and loenefits Wedinesday, August '12, 2015, '10 a.inn 'I Ip.inn. lirnirnugrafion :::'Uyallkllp F:'LlbliC I birairy North Il eeting Rooin') quesfions F:1assport 324 SOUth Il eiridian, :::'Uyallkllp, 98371 assustance V sa de�ays Wedinesday, August 2015, '10::30 a.inn '1 ::3 Ip.nn. Mssung sodal "T'Llin'mateir Regional I birairy Meeting Rooin') secuhty payrnents '7023 I Mairket Street, "T'Llin'mateir, 98501 Drfficuffies wuth finandal unsfitufions De ayed tax F:11ease also note YOU can always ireac h OUt tO C: ping refunds leck's offices in the 10th District dUiring regUlair IkrUsiness> 0:::'S dehvery hMlirs regarding assistaince with federal SSUes, or lorolb erns send the Co!n ressman a messaae thro, l hil— M/1-11`1 slue. IFOR MORE INFO F:1ease caH Congressirnan Denny i leck's Dstkt Office at (360) 459 8514 or (25 3) ',308- 6172. SINCE IS52 FOR IMMEDIATE RELEASE: Wednesday, August 5, 2015 Agenda Item 12. Correspondence Page 2 of 4 Mary Hall AUDITOR CONTACT: Mary Hall, Auditor, TCAuditoraco.thurston . wa.us Valerie Walston, Voter Outreach Coordinator, WalstoV(c,co.thurston.wa.us (360) 786 -5408 TTY (360) 754 -2933 Thurston County Auditor's Office Seeks "Against" Committee Members for November Ballot Measures Ballot measures in the City of Olympia, South Bay Fire Protection District, and Griffin School District OLYMPIA, WA — The Thurston County Auditor's Office is in search of "Against" committee members for ballot measures in the November 3, 2015 General Election. "For" and "Against" committee members provide written arguments in support of or against a ballot measure that will appear in the Local Voters' Pamphlet. "For" committees have all been formed. The following committees are needed in these jurisdictions: • City of Olympia "Against" committee for ballot measure proposing creation of the Olympia Metropolitan Park District • Griffin School District No. 324 "Against" committees for ballot measure calling to levy $1,100,000 to upgrade school safety and security, maintain technology systems and fund payments • South Bay Fire Protection District No. 8 "Against" committee for ballot measure increasing the number of Fire Commissioners from three to five Questions regarding the ballot measures should be referred to the individual jurisdictions (City of Olympia: 360- 753 -8244; Griffin School District: 360- 866 -4918; South Bay Fire Protection District: 360- 491 - 5320). Any citizen may participate in "For" and "Against" committees. Interested persons should contact the Auditor's Office at (360) 786 -5408 or election sa- co.thurston.wa.us, by 4:30 p.m. on Tuesday, August 11, 2015. -30- After 30 yaa.arsa working ft),r the, city of ^Yelsrr, 4,5ty dtrat,ara r,&t taw, �F bi"'i rak ,w, po�,aw,rw y fo,�a create d ,":itch 1 ft4v , it «s ass, a good lit ll.wr tart,," Ma.,, aary.tl; '."ylrc`11: he keaving the edy In mla, - tita-rrj, a rx! .wrff�rt4xk, Baer ire 6b, as eaarl,y lwrry,tt;rrrlkar Ch -aniM, y believe, is ,,rod I be- lie"'t Ws hearhhy.' twlarr said, awl taint Mr "a a l;awa °,k,l alnwtuyaw ^, Rtr arstrr in fresh eyes the a:aaaa, ,rrrr, I k %sl tlusraa t °lrarrsr (' rrt ,hejtwau -t .tats grarov, in a, rlll`rwrawrat ward 1' l try rrw .ret(aaa twige, awrtarl 1 ;get to "gcl rant,) tr j, &t ace lre9b , at .retch bettor &tart 1f rkrslr twltww „ she h"" is seen the „rt';y ads ", frtnrt as yr, °bpuI,ao-tk,>rr of 1 "3,7 pece ple in 199() to 3,165 in 015 . ,ss, /r fifnikar aaurar?r,, and hics for six, diff ecr,rat rrr"ayan',, drehy Ba,Ayli;;.r haas,.,, hair `moa;y tq.,.Y lrk. rn ¢a wr""waaco,,* repr" anrrataat,rwarwt ta°r city, adinird. a- tor,,7 said Y lava Mayrrt H rd, rant , llltat,l y has barrio ar part rr 't anyr , P(wrive, c,h aurg x over lltaat time, and w we-alth of experiertce along widl ,xupportive rra rraagr.ra eta style has, ` made, her swcarsar atl and "r lrttrF by a°yry acrd aaa cry bel"I'°rF e we" ', krlarrat, a„ryal, e,&Ier, Yehn's nurribleu one ura,a t — Dew h lly" This doesn't, "agar to, gall it alb. I #pprecilfrte and aad,Mirat y°cxur ability" rarra your trtaa tr y ' tar tw, star , YrAn tuade, my that on tive rra rarasall and a rtawyrar very en, jq,yahle, My hfi° ,: has been, ar°l lal, rat d by city aaaaraaiwat trr and fritt-rttlrrlal t With yr,tt� love, Kartlay" She "was lrlcad on tart as raxepticaraiwst. in the raalram r rah 1985, a,l a to rc ly fall in love with publik ¶wr «, crc, , " tabs said, la wa,ir gratifying, in 1988, the city Oerla reigned and she was promoted lrrtar the lararra- tlrrra Then, in 1993, tix city adminis- trator left, She was again n taapped ft r I tie, yrrgher yrxwaa,ttion "At t;C "rat^ time, bec,,ga e le wet,(, twtwtfirrp; , we started putting r -gn¢lrrr,. trxms and standards ndaar °tea in p4aar :x t-r:k rwaaake F"AREWO.J. RECEPTION: A roswception celebrating the thr(.,,e decades Ye rn lefty Ark... rrthai5t.rwrr0r ShOy Badger has served the city awriH liar lx,30- . '7.30 la uyl, Thursday, Aug, ly at th(,: Prairie Hotel r.t:`,arrl °arra~"nf,:- a center, PA57- W-'10" WHO: x 2009 t.;yr'tthizi �ykaal 010 . Rainier Sraperi o rtarrrt`Jaaa`a't Tim C.',archowna and Andy WoH 2O H .w_. Margaret Cap 20 'L'2 ,•lr.rnb4d Slrwtl,rpm Center 2013 .... Barrie and Susan 1"t?d cox 014 Cturr „aadu5a Jt': +rr & <ins the city more efficient and rarw re as xt antic, ” she said. "'Bel'bre, it was gravel paarkitr lots," Badger said d:.>ne cif the reasorts a "err Slially, poge 1