06 28 2016 Updated Agenda Packet
AGENDA
YELM CITY COUNCIL MEETING
TUESDAY, JUNE 28, 2016 6:00 P.M.
Website Viewing: Clicking on agenda items will open associated d
resolutions, ordinances, etc. Note: some agenda items may not have attachments.
Call to Order
1.
Roll Call
2.
Agenda Approval ACTION
3.
Special Presentations-
4.
Volunteer Service Recognition Award, Jim May
Presenter: Gretchen Isaksson, Civil Service Secretary; Joanne Wo
Commission Chair
Public Comment
5.
the meeting recorder. Comment topics should not appear elsewhere
agenda. Time (three minutes per speaker) and the number of speak
are limited and may be adjusted to meet agenda requirements.
Consent Agenda ACTION
6.
Minutes;
a.
Payables;
b. Checks #67095 - #67164 Totaling $631,643.80
Public Hearing-
7. none scheduled
New Business-
8.
Water Line Replacement Bid Award, South Bay Excavating ACTION
a.
10 Presenter: Chad Bedlington, Public Works Director
Min Attachments: Staff Report, Bid Tabulation Results, Construction Agreement
Old Business none scheduled
9.
Council and Mayor
10.
Councilmember Foster represents Yelm on the following committees.
Thurston County Solid Waste
Advisory Committee (SWAC)
Councilmember Carmody
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
CouncilCommittee
(TRPC)
Yelm Finance Committee
Councilmember Stillwell represents Yelm on the following committees.
Thurston County EDC Board Yelm Finance Committee
Councilmember Wood
represents Yelm on the following committees.
(TRPC) Transportation Policy Yelm Finance Committee
Board
Yelm Transportation Committee
TComm 911 Admin Board
Councilmember DePinto represents Yelm on the following committees.
Yelm Transportation Committee Thurston County Law and
Justice
STEDI
Councilmember Hendrickson
represents Yelm on the following
committees.
Medic One Yelm Emergency Operations
Board
Mayor Harding represents Yelm on the following committees.
Yelm Economic Development Yelm Finance Committee
Committee
Yelm Emergency Operations
Board
Yelm Transportation Committee
Executive Session- none scheduled
11.
Correspondence
12. (Correspondence is available upon request)
Pre-Agenda Thurston Regional Planning Council Friday, July 8, 2016 8-
11am
Adjourn
13.
Upcoming Meetings
Council Study Session, Wednesday, June 29, 2016, 5:00 pm, Public Safety Building
Regular City Council Meeting, Tuesday, July 12, 2016, 6:00 pm, Public Safety Building
Regular City Council Meeting, Tuesday, July 26, 2016, 6:00 pm, Public Safety Building
CITY OF YELM
MEETING INFORMATION
All regular Yelm City Council meetings are audio recorded. A $5.
information about obtaining a copy of the proceedings, please ca
Public comments are welcome. However, in order to proceed with suled agenda items the allowable
time per speaker is limited to 3 minutes and the number of speak
public comment portion of the meeting should not be associated w
elsewhere on the agenda and should not address topics for which public hearings have b
or are anticipated.
a person with a disability and in need of reasonable accommodations to conduct business or participate
in government processes or activities, please contact Janine Sch
working days prior to the scheduled event. The City of Yelm is ar and
employer.
The Preliminary Agenda and Approved Council Minutes are availabl
www.ci.yelm.wa.us
Agenda Item 6.b.
VOUCHER APPROVAL FORM
The following is a list of checks approved for payment at
Tuesday, June 28, 2016 council
Payroll
Direct Deposit-Employee
9999999999$24,041.53
Payroll
Checks-Employee
6709567097$2,180.21
Payroll
A/P Checks
XXXXXX$-
Payroll
A/P EFT & Drafts
9999999999$7,309.52
A/P Checks/Voucher
2016
6709867164$595,458.24
A/P
Voucher EFT & Drafts
9999999999$2,654.30
Utility RefundsXXXXXX$-
TOTAL$631,643.80
____________________________ /_______________________________/________________________________
Mayor Councilmember Councilmember
____________________________/________________________________/________________________________
Councilmember Councilmember Councilmember
____________________________/_______________________________
Council member Councilmember
ATTEST:_____________________________
CITY CLERK:_______________________________________
The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment
passed on a motion by______________________________________________at a regular council meeting held
this 28th day of June 2016
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Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 1 of 21
City of Yelm
STAFF REPORT
To: Mayor Ron Harding
Yelm City Council
From: Chad Bedlington, Public Works Manager
Date: June 17, 2016 (for June 28, 2016 City Council Meeting)
Subj: 2014 AC water main replacement construction award (Schedule A)
Attach: Construction Contract (South Bay Excavating), and
Bid Results Tabulation
Recommendation
Authorize Mayor Harding to award the project to and sign the const
South Bay Excavating of Olympia, WA in the amount of $473,350.46.
Background
Schedule A of the 2014 AC Water Main Replacement project is part
replacing aging asbestos cement water main within the City of Ye
system. Schedules B and C of the program list were completed in
Schedule A was postponed till now to allow for adequate budget t
replacements this year. Schedule A consists of the following pipe segments:
Bid Schedule A
3rd Street SE between Washington Ave SE and Yelm Ave E (SR507),
Washington Ave SE between 2nd St SE and 3rd St SE, and
Yelm Ave from 2nd St SE to 4th St SE
Current Situation
Bid Schedules A was advertised for construction on May 9, 2016 a
on May 31, 2016. Four (4) Bids received were:
WHH Nisqually: $523,803.56
Black Hill Excavating: $714,968.76
Clark & Sons Excavating: $639,612.54
$473,350.46
South Bay Excavating:
June 28, 2016 Page 1 of 2
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 2 of 21
South Bay Excavating was selected as the lowest responsive responsible bid.
Funds for the project reside in Fund 404, Water Capital Improvem
allocated budget is $550,000 for construction and construction management. The total
cost as bid for construction is $473,350.46. It is recommended t
construction contracts.
The project duration is expected to be approximately 60 working
typically).
June 28, 2016 Page 2 of 2
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 3 of 21
BID TABULATION
2014 AC Water Main Replacement
City of Yelm, Opening: 5/31/16Page 1 of 1
BID SCHEDULE A
Engineer's EstimateWHH NisquallyBlack Hills ExcavationClark & Sons ExcavatingSouth Bay Excavating
BID
ITEM ESTIMATED
NO.DESCRIPTION OF ITEMSECTIONQUANTITYUNITUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNTUNIT PRICEAMOUNT
$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00$5,000.00
Minor Change1-041EQ. ADJ.$5,000.00$5,000.00
1
$3,400.00$3,400.00$3,000.00$3,000.00$4,400.00$4,400.00$5,400.00$5,400.00
Construction Surveying1-051LS$5,000.00$5,000.00
2
$50,000.00$50,000.00$20,000.00$20,000.00$55,000.00$55,000.00$25,000.00$25,000.00
Mobilization1-091LS$45,000.00$45,000.00
3
$34,000.00$34,000.00$152,640.00$152,640.00$30,500.00$30,500.00$28,000.00$28,000.00
Project Temporary Traffic Control1-101LS$40,000.00$40,000.00
4
$35,000.00$35,000.00$10,000.00$10,000.00$27,000.00$27,000.00$4,800.00$4,800.00
Removal of Structures and Obstructions2-021LS$10,000.00$10,000.00
5
$93.00$6,975.00$105.00$7,875.00$80.00$6,000.00$175.00$13,125.00
Controlled Density Fill2-0975CY$150.00$11,250.00
6*
$15,000.00$15,000.00$13,800.00$13,800.00$12,000.00$12,000.00$1,000.00$1,000.00
Trench Safety Systems2-091LS$4,000.00$4,000.00
7
$14.50$4,785.00$28.00$9,240.00$42.00$13,860.00$28.00$9,240.00
Gravel Base4-02330TN$20.00$6,600.00
8
$14.50$2,900.00$28.00$5,600.00$64.00$12,800.00$28.00$5,600.00
Crushed Surfacing Top Course (or Base Course)4-04200TN$25.00$5,000.00
9
$142.00$12,780.00$220.00$19,800.00$220.00$19,800.00$170.00$15,300.00
HMA Cl. ½ in. PG 64-225-0490TN$100.00$9,000.00
10
$95.00$19,000.00$140.00$28,000.00$220.00$44,000.00$180.00$36,000.00
HMA Cl. ½ in. PG 64-22 - SR 5075-04200TN$110.00$22,000.00
11
$142.00$7,100.00$210.00$10,500.00$220.00$11,000.00$170.00$8,500.00
HMA for Pavement Repair Cl. ½ in. PG 64-225-0450TN$160.00$8,000.00
12
$95.00$19,000.00$210.00$42,000.00$220.00$44,000.00$180.00$36,000.00
HMA for Pavement Repair Cl. ½ in. PG 64-22 - SR 5075-04200TN$140.00$28,000.00
13
$145.00$10,150.00$210.00$14,700.00$177.00$12,390.00$150.00$10,500.00
Temporary Pavement Patching - SR 5075-0470TN$140.00$9,800.00
14
$5.00$10,200.00$5.88$11,995.20$8.00$16,320.00$4.50$9,180.00
Planing Bituminous Pavement5-042,040SY$9.00$18,360.00
15
$27.00$11,880.00$42.00$18,480.00$20.00$8,800.00$28.00$12,320.00
Import Trench Backfill - Water Main7-09440CY$25.00$11,000.00
16
$60.00$55,500.00$99.65$92,176.25$63.00$58,275.00$34.00$31,450.00
Pipe for Water Main 8 In. Diam.7-09925LF$60.00$55,500.00
17
$85.00$82,875.00$101.10$98,572.50$65.00$63,375.00$45.00$43,875.00
Pipe for Water Main 8 In. Diam. - SR 5077-09975LF$75.00$73,125.00
18
$2.00$4,200.00$2.05$4,305.00$2.50$5,250.00$10.00$21,000.00
Ductile Iron Fittings7-092,100LB$3.00$6,300.00
19
$25.00$625.00$85.00$2,125.00$70.00$1,750.00$30.00$750.00
Extra Trench Excavation7-0925CY$20.00$500.00
20
$80.00$2,000.00$86.00$2,150.00$120.00$3,000.00$35.00$875.00
Removal and Replacement of Unsuitable Material7-0925CY$30.00$750.00
21
$4,000.00$20,000.00$6,700.00$33,500.00$7,500.00$37,500.00$5,400.00$27,000.00
Connect to Existing Water Main7-095EA$4,000.00$20,000.00
22*
$1,300.00$19,500.00$1,168.00$17,520.00$1,200.00$18,000.00$1,100.00$16,500.00
Gate Valve 8 In.7-1215EA$1,500.00$22,500.00
23
$5,300.00$10,600.00$3,190.00$6,380.00$5,400.00$10,800.00$7,500.00$15,000.00
Hydrant Assembly7-142EA$5,000.00$10,000.00
24*
$2,700.00$2,700.00$538.00$538.00$3,200.00$3,200.00$6,800.00$6,800.00
Hydrant Assembly - Reinstall Existing Hydrant7-141EA$3,000.00$3,000.00
25
$16.00$8,400.00$18.00$9,450.00$36.00$18,900.00$25.00$13,125.00
Water Service Connection 1 In. Diam.7-15525LF$30.00$15,750.00
26*
$91.00$910.00$20.00$200.00$300.00$3,000.00$60.00$600.00
Water Service Connection 1-1/2 In. Diam.7-1510LF$35.00$350.00
27*
$1,300.00$10,400.00$500.00$4,000.00$1,500.00$12,000.00$1,800.00$14,400.00
5/8 In. or 1 In. Single Water Service Assembly7-158EA$1,500.00$12,000.00
28
$2,600.00$2,600.00$550.00$550.00$3,800.00$3,800.00$2,950.00$2,950.00
1-1/2 In. Water Service Assembly7-151EA$2,500.00$2,500.00
29
$7,000.00$7,000.00$2,500.00$2,500.00$6,500.00$6,500.00$2,500.00$2,500.00
Temporary Erosion and Sediment Control8-011LS$2,000.00$2,000.00
30
$60.00$600.00$95.00$950.00$150.00$1,500.00$80.00$800.00
Cement Conc. Traffic Curb and Gutter8-0410LF$100.00$1,000.00
31
$120.00$1,800.00$120.00$1,800.00$180.00$2,700.00$25.00$375.00
Cement Conc. Sidewalk8-1415SY$150.00$2,250.00
32*
$5,000.00$5,000.00$8,398.00$8,398.00$16,000.00$16,000.00$12,500.00$12,500.00
Restore Pavement Markings8-221LS$10,000.00$10,000.00
33
Contingency (5%)$23,776.75
Subtotal$499,311.75 Subtotal$481,880.00 Subtotal$657,744.95 Subtotal$588,420.00 Subtotal$435,465.00
Sales Tax (8.7%)$43,440.12 Sales Tax (8.7%)$41,923.56 Sales Tax (8.7%)$57,223.81 Sales Tax (8.7%)$51,192.54 Sales Tax (8.7%)$37,885.46
TOTAL CONSTRUCTION COST$542,751.87$523,803.56$714,968.76$639,612.54$473,350.46
Notes:Proposal FormxProposal FormxProposal FormxProposal Formx
(1) Bid amounts revised by Project Manager highlighted in yellowBid Bond (5%)xBid Bond (5%)xBid Bond (5%)xBid Bond (5%)x
(2) Apparent low bidder in red font.N-C AffidavitxN-C AffidavitxN-C AffidavitxN-C Affidavitx
(3) Math error by Black Hills Excavating on Items No. 22 & 24 coBidders QualsxBidders QualsxBidders QualsxBidders Qualsx
(4) Math error by Clark & Sons Excavating on Items No. 6 correctAddenda AcknowxAddenda AcknowxAddenda AcknowxAddenda Acknowx
(5) Math error by South Bay Excavating on Items No. 32 correctedProposed SubsxProposed SubsxProposed SubsxProposed Subsx
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 4 of 21
AGREEMENT AND CONTRACT
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
16
THIS AGREEMENT AND CONTRACT, made this day of 29 June, 20 , by and
between the CITY OF YELM, WASHINGTON, herein called the Owner, and
_____________________ hereinafter called the Contractor.
SouthBayExcavating
ARTICLE I. SCOPE OF WORK
. The Contractor shall perform, within the time stipulated, the
Contract as herein defined, of which this agreement is a component part, and everything
required to be performed, and shall provide and furnish any and all utility and transportation
services necessary to perform the contract and complete in a workmanlike manner furnishing
materials and installing improvements entitled “2014 AC Water Main Replacement Project”, in
strict conformity with the plans and Contract Documents, including any and all Addenda issued
by the Owner, with the other contract documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and the
contract performed and completed subject to the approval of the Owner or its authorized
representative.
ARTICLE II. CONTRACT AMOUNT/PAYMENT.
In consideration of the performance of the
work as set forth in these Contract Documents, the Owner agrees to pay to the Contractor the
amount bid in the Proposal as adjusted in accordance with the Contract Documents, or as
otherwise herein provided, and to make such payments in the manner and at the times provided
in the Contract Documents.
The total amount for this Contract including sales tax is
FourHundredSeventyThreeThousand
________________________________ Dollars and ______________ Cents (words)
ThreeHundredFifty
FourtySix
473,350.46
$_________________________________ (figures)
The Contractor agrees to accept as full payment hereunder the amounts computed as
determined by the Contract Documents and based on said Proposal.
Payment will be made as stated in the Specifications as amended by the Special Provisions of
this Contract Document, and the following.
A. Lump Sum Prices.
The Owner shall pay to the Contractor as full consideration for
the performance of the contract, an amount equal to the lump sum prices as set forth
in the bid.
B. Unit Prices.
The Owner shall pay to the Contractor as full consideration for the
performance of the contract, an amount computed upon the basis of the quantity of
work actually performed at the unit prices set forth in the bid, and, should the
quantities be increased or decreased, payment shall be made on actual quantities at
the unit prices set forth in the bid and the Contractor shall make no claim for
Agreement and Contract - 1
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 5 of 21
AGREEMENT AND CONTRACT (Continued)
anticipated profits for any increase or decrease in the quantities. Actual quantities
shall be determined upon completion of the work and as described in the bid
specifications.
ARTICLE III. CONTRACT TIME/GUARANTEE.
The Contractor agrees to complete the work
within the terms specified herein.
It is agreed that the Contract, based upon the Proposal, shall be fully complete within the
number of working days indicated herein for each Bid Schedule:
Bid Schedule A: within 60 working days of Notice to Proceed.
NOT INCLUDED IN THIS CONTRACT
Bid Schedule B: .
NOT INCLUDED IN THIS CONTRACT
Bid Schedule C: .
In the event that the Contractor shall fail to complete the work within the time limit or the
extended time limit agreed upon, as more particularly set forth in the Contract Documents,
liquidated damages shall be paid at the rate as defined in the Contract Documents.
The Contractor agrees to remedy at its costs all defects appearing in the work or developing in
the materials furnished and the workmanship performed under this Contract during the
guarantee period after the date of final acceptance of the work by the Owner, and further agrees
to indemnify and save the Owner harmless from any costs encountered in remedying such
defects.
ARTICLE IV. COMPONENT PARTS OF THIS CONTRACT.
The Contract entered into by the
acceptance of the Contractor’s bid and the signing of this agreement consists of the following
documents all which are component parts of said Contract and as fully a part thereof as if herein
set out in full, and if not attached, as if hereto attached.
1. Addenda to this Agreement and Contract
2. Change Orders
3. This Agreement and Contract and the Indemnification Addendum
4. Proposal Form
5. Special Provisions, including Local Agency or APWA General Special Provisions
6. Contract Drawings
7. Amendments to the Standard Specifications
8. WSDOT Standard Specifications for Road, Bridge and Municipal Construction
9. Contracting Agency’s Standard Plans
10. WSDOT Standard Plans for Road, Bridge and Municipal Construction
11. Appendices
12. Instructions to Bidders
13. Advertisement for Bids
14. Bid Form
15. Performance and Payment Bond
16. Notice of Award
17. Notice to Proceed
Agreement and Contract - 2
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 6 of 21
AGREEMENT AND CONTRACT (Continued)
In the event of any conflict or inconsistency between any of the foregoing documents, the
conflict or inconsistency shall be resolved upon the basis of the numerical order. The document
or documents assigned the small number or numbers being controlling over any document
having a larger number in the numerical order set forth above. Provided, however, although the
supplemental conditions incorporates standard specifications by reference, in case of conflict or
inconsistency, these standard specifications have a numerical order as shown above.
ARTICLE V. SALES TAXES.
All applicable taxes associated with this contract shall be
submitted under location code(s) appropriate for the City of Yelm, WA.
ARTICLE VI. LIQUIDATED DAMAGES.
The Owner and Contractor recognize that time is of
the essence on this Project and that Owner will suffer financial loss if the work is not
substantially complete within the time specified in the Contract Documents. The parties also
recognize the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by the Owner if the work is not substantially complete on
time. Accordingly, instead of requiring any such proof, the Owner and Contractor agree that as
liquidated damages for delay (but not as a penalty) shall be paid to the Owner at the daily rate
indicated in accordance with Section 1-08.9 of the 2014 WSDOT Standard Specifications, as
may be amended by the Special Provisions, until the work shall have been satisfactorily
completed as provided by the Contract Documents.
Such amount shall be a reimbursement to the Owner for damages which the Owner will have
sustained by reason of such delayed completion. Damages so liquidated are understood to
include fees issued by the outside agencies for non-compliance and the additional cost to the
Owner for interference with adjacent projects, development completion, engineering
supervision, observation of construction, interest charges and overhead.
Article VII. CONTRACTOR'S REPRESENTATIONS
. In order to induce Owner to enter
into this Agreement, Contractor makes the following representations:
1. Contractor has familiarized itself with the nature and extent of the Contract
Documents, work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the work.
2. Contractor has studied carefully all reports of explorations and tests of
subsurface conditions and drawings of physical conditions which are identified in
the Contract Documents, and accepts the determination set forth in the Contract
Documents of the extent of the technical data contained in such reports and
drawings upon which Contractor is entitled to reply.
3. Contractor has obtained and carefully (or assumes responsibility for obtaining
and carefully studying) all such examinations, investigations, explorations, tests,
reports and studies (in addition to or to supplement those referred to in
paragraph 2 above) which pertain to the subsurface or physical conditions at or
contiguous to the site or otherwise may affect the cost, progress, performance or
Agreement and Contract - 3
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 7 of 21
AGREEMENT AND CONTRACT (Continued)
furnishing of the work as Contractor considers necessary for the performance or
furnishing of the work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, and
no additional examinations, investigations, explorations, tests, reports, studies or
similar information or data are or will be required by Contractor for such
purposes.
4. Contractor has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing underground
facilities at or contiguous to the site and assumes responsibility for the accurate
location of said underground facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect of
said underground facilities are or will be required by Contractor in order to
perform and furnish the work at the Contract Price, within the Contract Time and
in accordance with the other terms and conditions of the Contract Documents.
5. Contractor has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and
conditions of the Contract Documents.
6. Contractor has given Engineer written notice of all conflicts, errors, or
discrepancies that the Contractor has discovered in the Contract Documents and
the written resolution thereof by Engineer is acceptable to Contractor.
7. Contractor has a current certificate of registration as a contractor in compliance
with chapter 18.27 RCW, which must have been in effect at the time of bid
submittal.
8. Contractor has a current Washington Unified Business Identifier (UBI) number.
9 If applicable:
9.1 Contractor has Industrial Insurance (workers’ compensation) coverage for
the Contractor’s employees working in Washington, as required in Title 51
RCW;
9.2 Contractor has a Washington Employment Security Department number,
as required in Title 50 RCW; and
9.3 Contractor has a Washington Department of Revenue state excise tax
registration number, as required in Title 82 RCW;
10. Contractor is not disqualified from bidding on any public works contract under
RCW 39.06.010 or 39.12.065(3).
Agreement and Contract - 4
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 8 of 21
AGREEMENT AND CONTRACT (Continued)
11. The Contractor has not had any public works contract terminated for cause by a
government agency during the five (5) year period immediately preceding the bid
submittal deadline for this Project.
12. The Contractor has not been assessed liquidated damages related to the
performance of a public works contract by a government agency during the five
(5) year period immediately preceding the bid submittal deadline for this Project.
13. The Contractor has not been a plaintiff or defendant in the Puget Sound region
(defined as King, Kitsap, Pierce, Snohomish and Thurston Counties) or federal
district court for Western Washington in the last five (5) years involving
performance or payment issues relating to a public works contract which were
resolved adversely to the Contractor through judgment or settlement.
14 The Contractor is and will not be listed on the Washington State Department of
Revenue’s “Delinquent Taxpayer List” website:
http://dor.wa.gov/content/fileandpaytaxes/latefiling/dtlwest.aspx.
Article VII. SUBCONTRACTOR RESPONSIBILITY
1 The Contractor shall include the language of this section in each of its first tier
subcontracts, and shall require each of its subcontractors to include the same
language of this section in each of their subcontracts, adjusting only as
necessary the terms used for the contracting parties. Upon request of the
Owner, the Contractor shall promptly provide documentation to the Owner
demonstrating that the subcontractor meets the subcontractor responsibility
criteria below. The requirements of this section apply to all subcontractors
regardless of tier.
2 At the time of subcontract execution, the Contractor shall verify that each of its
first tier subcontractors meets the following bidder responsibility criteria:
2.1 Have a current certificate of registration in compliance with chapter 18.27
RCW, which must have been in effect at the time of subcontract bid
submittal;
2.2 Have a current Washington Unified Business Identifier (UBI) number;
2.3 If applicable, have:
a. Industrial Insurance (workers’ compensation) coverage for the
subcontractor’s employees working in Washington, as required in Title
51 RCW;
Agreement and Contract - 5
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 9 of 21
AGREEMENT AND CONTRACT (Continued)
b. A Washington Employment Security Department number, as required
in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration
number, as required in Title 82 RCW;
d. An electrical contractor license, if required by Chapter 19.28 RCW;
e. An elevator contractor license, if required by Chapter 70.87 RCW.
f.
Not be disqualified from bidding on any public works contract under
RCW 39.06.010 or 39.12.065 (3).
IN WITNESS WHEREOF, three (3) identical counterparts of this Agreement, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the parties
hereinabove named, on this day and year first above written.
City of Yelm, Washington Corporate Seal:
OWNER
By: __________________________
Title: _________________________
By: __________________________
Title: _________________________
SouthBayExcavating
______________________________ Corporate Seal:
CONTRACTOR
JasonClements
By: __________________________
Title: _________________________
VicePresident
WITNESS, if individual or partnership ATTEST, if Corporation
By: __________________________ By: ______________________
By: __________________________ Title: ______________________
Agreement and Contract - 6
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 10 of 21
PERFORMANCE BOND
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
We __________________________ as Principal, and __________________________ as
Surety, jointly and severally bind ourselves, our heirs, successors and assigns as set forth
herein to
(hereinafter called the Owner) for payment of the penal sum of
Dollars ($_____________________), lawful money of the United States in connection with the
Owner’s award to the Contractor of a contract for construction (“Contract”) of the following
project:
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor shall in all respects
faithfully perform all obligations and provisions in the said Contract, this obligation shall become
null and void; otherwise, it shall remain in full force and effect, and Surety shall defend and
indemnify Owner against any loss or damage due to the failure of the Principal to strictly
perform all obligations of the Contract.
This bond shall remain in force for a period of at least one (1) year after Substantial Completion,
with respect to defective workmanship and materials, and shall otherwise secure all other
obligations of the Contractor throughout any other periods of limitation.
This bond is provided pursuant to and in compliance with R.C.W. Chapter 39.08, the terms and
requirements of which statute are incorporated herein as though fully set forth herein.
Surety agrees that no change, extension of time, modification, or addition to the terms of the
Contract, or the work to be performed there under, or to the specifications shall in any way
affect its obligation on this bond, and it hereby waives notice thereof.
The Contractor and Surety agree that if the Owner is required to engage the services of an
attorney in connection with the enforcement of this bond, each shall pay the Owner reasonable
attorney’s fees incurred, with or without suit, in addition to the penal sum.
Surety certifies that it is an authorized surety bond issuer, properly authorized to transact surety
business in Washington. Surety agrees to be bound by the laws of the State of Washington.
Executed in four original counterparts on _________________, 20____.
CONTRACTOR
BY
(Title)
(Attach acknowledgment of authorized representative of Contractor).
Performance Bond - 7
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 11 of 21
PERFORMANCE BOND (Continued)
Claims made under this bond shall be addressed to:
(Name and address of Surety)
(Name and address of Surety’s agent for service
of process in Washington if different from above)
(Telephone No. of Surety’s Washington agent)
(Attach acknowledgment)
Surety
By
ItsAttorney-in-Fact
APPROVED
Owner Attorney
Notice:
Sureties must be authorized to conduct surety business in Washington and have an agent for
service of process in Washington. Certified copy of Power of Attorney must be attached.
Performance Bond - 8
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 12 of 21
LABOR AND MATERIAL PAYMENT BOND
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
We __________________________ as Principal, and __________________________ as
Surety, jointly and severally bind ourselves, our heirs, successors and assigns as set forth
herein to
(hereinafter called the Owner) for payment of the penal sum of
Dollars ($_____________________), lawful money of the United States in connection with the
Owner’s award to the Contractor of a contract for construction (“Contract”) of the following
project:
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor shall in all respects
faithfully perform all obligations and provisions in the said Contract, and pay all laborers,
mechanics, and subcontractors and material men, taxing authorizes and all persons who supply
such person or persons or subcontractors with material, equipment and supplies for the carrying
on of such work, this obligation shall become null and void; otherwise, it shall remain in full force
and effect, and Surety shall defend and indemnify Owner against any loss or damage due to the
failure of the Principal to strictly perform all obligations of the Contract.
This bond shall remain in force until completion of the Project and acceptance by the Owner,
and also for such period thereafter during which the law allows claims to be filed and sued upon.
This bond is provided pursuant to and in compliance with R.C.W. Chapter 39.08, the terms and
requirements of which statute are incorporated herein as though fully set forth herein.
Surety agrees that no change, extension of time, modification, or addition to the terms of the
Contract, or the work to be performed there under, or to the specifications shall in any way
affect its obligation on this bond, and it hereby waives notice thereof.
The Contractor and Surety agree that if the Owner is required to engage the services of an
attorney in connection with the enforcement of this bond, each shall pay the Owner reasonable
attorney’s fees incurred, with or without suit, in addition to the penal sum.
Surety certifies that it is an authorized surety bond issuer, properly authorized to transact surety
business in Washington. Surety agrees to be bound by the laws of the State of Washington and
subject itself to the jurisdiction of the courts of the State of Washington.
Executed in four original counterparts on _________________, 20____.
CONTRACTOR
BY
(Title)
Labor and Material Payment Bond - 9
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 13 of 21
LABOR AND MATERIAL PAYMENT BOND (Continued)
(Attach acknowledgment of authorized representative of Contractor).
Any claims under this bond shall be made in accordance with R.C.W. 39.08 and may be
addressed to:
(Name and address of Surety)
(Name and address of Surety’s agent for service
of process in Washington if different from above)
(Telephone No. of Surety’s Washington agent)
(Attach acknowledgment)
Surety
By
ItsAttorney-in-Fact
APPROVED
Owner Attorney
Notice:
Sureties must be authorized to conduct surety business in Washington and have an agent for
service of process in Washington. Certified copy of Power of Attorney must be attached.
Labor and Material Payment Bond - 10
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 14 of 21
NOTE: THIS QUESTIONNAIRE MUST BE COMPLETED AND ATTACHED TO CERTIFICATE
OF INSURANCE.
INSURANCE COVERAGE QUESTIONNAIRE
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
___________________________________________
For :
(Name of Insured)
2014 AC Water Main Replacement Project
Project Title :
CITY OF YELM, WASHINGTON
Project Owner:
Are the following coverages and/or conditions in effect?
Yes No
The Policy form is ISO Commercial General Liability form CG-00 001 or CG
00 02 (circle ONE). If no, attach a copy of the policy with required coverages
clearly identified.
The Owner, its Engineer, officials, officers, employees and volunteers are
additional insureds as Respects (a) activities performed for the Owner by or
on behalf of the Named Insured, (b) products and completed operations of
the Named Insured, or (c) premises, owned, leased, or used by the Named
Insured.
Products Completed operation coverage.
Cross Liability clause (or equivalent wording).
Personal Injury Liability Coverage
Broad Form Damage with X, C U Hazards included.
Blanket Contractual Liability coverage applying to this contract or Contractual
Liability Coverage applying to this contract
Employers Liability – Stop Gap
45 days written notice of cancellation to the District
Deductibles Or SIRS GL AL Excess
Insurer’s Best Rating GL AL Excess
This questionnaire is issued as a matter of information. This questionnaire is not an insurance
policy and does not amend, extend, or alter the coverage afforded by the policies indicated on
the attached Certificate of Insurance.
Agency/Broker Completed by (type)
Address Completed by (Signature)
Name of person to contact Telephone Number
Insurance Coverage Questionnaire - 11
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 15 of 21
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Insurance Coverage Questionnaire - 12
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 16 of 21
MINIMUM WAGE AFFIDAVIT
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
I, the undersigned, having been duly sworn, depose, say and certify that in connection with the
performance of the work outlined in this principal contract, shall pay the prevailing rate of wage
for each classification of laborers, workmen, or mechanics as specified within these contract
documents to all such employed in the performance of this contract; that I have read the above
and foregoing statement and certificate, know the contents thereof and the substance as set
forth therein is true to my knowledge and belief.
CONTRACTOR
Subscribed and sworn to before me this day of , 20 .
Notary Public in and for the State
of Washington, residing in
Minimum Wage Affidavit - 13
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 17 of 21
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Minimum Wage Affidavit - 14
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 18 of 21
LETTER OF EMPLOYMENT OF SUBCONTRACTOR
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
, 20 .
TO:
City of Yelm
105 Yelm Avenue West Yelm, WA 98597
Re: 2014 AC Water Main Replacement Project
City of Yelm, Washington
Dear Sir:
We, the undersigned, request permission of the City of Yelm, Washington to employ a
subcontractor in order to fully perform the work covered by the terms of that written contract
made and executed by and between the City of Yelm, Washington and ourselves,
on the day of , 20 .
We intend to employ the firm of:
A.
B.
C.
For the purpose of performing the following described work,
and represent and warrant that the work shall be performed by said subcontractors, in a good
and workmanlike manner and under our direct supervision. We further represent and warrant
that the work to be performed by them constitutes approximately percent of the total
dollar value of said contract.
Very truly yours,
___________________________________________________
Contractor
___________________________________________________
Signature of Surety
Letter of Employment of Subcontractor - 15
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 19 of 21
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Letter of Employment of Subcontractor - 16
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 20 of 21
INDEMNIFICATION ADDENDUM
CITY OF YELM, WASHINGTON
2014 AC Water Main Replacement
________________________________________(hereinafter called Contractor) agrees to
defend, indemnify and hold harmless the City of Yelm, Washington (hereinafter called Owner),
its Engineer and their agents, employees, board members and sub-consultants (with Owner
hereinafter collectively called the Indemnified Parties) from any and all claims, demands, loses
and liabilities to or by third parties, including personnel-related costs, settlement costs,
reasonable attorney’s fees, court costs and all other claim-related expenses, arising from,
resulting from or connected with services performed or to be performed under the 2014 AC
Water Main Replacement Project Agreement (hereinafter called the Agreement) by Contractor,
its subcontractors or their agents or employees, or anyone for whose acts they may be liable, to
the fullest extent permitted by law and subject to the limitations provided below.
Contractor’s duty to indemnify the Indemnified Parties shall not apply to liability for damages
arising out of bodily injury to persons or damage to property caused by or resulting from the sole
negligence of Owner or Owner’s agents or employees.
Contractor’s duty to indemnify the Indemnified Parties for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the concurrent negligence of
Owner’s agents or employees, shall apply only to the extent of negligence of Contractor, its
subcontractors, or their agents or employees, or anyone for whose acts they may be liable.
Contractor specifically and expressly waives any immunity that may be granted it under the
Washington State Industrial Insurance Act, Title 51 RCW. Further, the indemnification
obligation under this subcontract shall not be limited in any way by any limitation on the amount
or type of damages, compensation or benefits payable to or for any third party under workers
compensation acts, disability benefits acts, or other employee benefits acts; provided
Contractors waiver of immunity by the provisions of this paragraph extends only to claims
against Contractor by Owner and does not include, or extend to, any claims by Contractor’s
employees directly against Contractor.
Contractor’s obligations under this Addendum shall survive expiration or termination of the
Agreement.
In the event of litigation between the parties to enforce the rights under this Addendum,
reasonable attorney fees and costs shall be awarded to the prevailing party.
Indemnification Addendum - 17
Agenda Item 8. a. Water Line Replacement Bid Award, South Bay Excavating
Page 21 of 21
INDEMNIFICATION ADDENDUM (Continued)
THE UNDERSIGNED HEREBY CERTIFY THAT THIS ADDENDUM WAS MUTUALLY
NEGOTIATED.
Dated: Dated:
Owner: CITY OF YELM, WASHINGTON Contractor:
By: By:
Title: Title
Indemnification Addendum - 18
Agenda item 12. Correspondence
Page 1 of 1
TRPC Members &
Representatives
City of Lacey
Virgil Clarkson
PRE-AGENDA
City of Olympia
NOTE DATE
Friday, July 8, 2016
Nathaniel Jones
8:30 a.m. – 11:00 a.m.
City of Rainier
Everett Gage
The TRPC pre-agenda provides our members the opportunity to review the topics of the upcoming
TRPC meeting. This information is forwarded in advance to afford your councils and boards the
City of Tenino
vide your designated representative
opportunity for discussion at your regular meetings. This will pro
David Watterson
with information that can be used for their participation in the Regional Council meeting. For more
City of Tumwater
information, please visit our website at www.trpc.org.
Tom Oliva
Consent Calendar ACTION
City of Yelm
These items were presented at the previous meeting. They are action items and will remain
Robert Isom
on consent unless pulled for further discussion.
Confederated Tribes of the
a.Approval of Minutes – June 3, 2016
Chehalis Reservation
b.Approval of Vouchers
Amy Loudermilk
c.Approval of Draft Regional Transportation Plan
Nisqually Indian Tribe
Heidi Thomas
Special Recognition –Lon Wyrick RetirementPRESENTATION
Town of Bucoda
2017 State Legislative PreparationDISCUSSION
Alan Vanell
The Council will continue discussion of legislative priorities for the 2017 state legislative
Thurston County
session and outreach methods to communicate with our delegation
Sandra Romero
North Thurston Public
Executive Director RecruitmentACTION
Schools
The Executive Director Recruitment Subcommittee will brief Council on work they have
Chuck Namit
undertaken to date, and will bring forwarda recommendation for approval of an updated
Olympia School District
Job Description and salary range to be used in the recruitmentprocess.
Mark Campeau
EXECUTIVE SESSION –Interim DirectorDISCUSSION
Intercity Transit
Karen Messmer
The Council will move into executive session to review with the Executive Director
Recruitment Subcommittee a personnel issue regarding the Interim Directorposition. No
LOTT Clean Water Alliance
decisions or actions will be taken in the executive session.The executive session is for
Cynthia Pratt
discussion purposes only.
Port of Olympia
Bill McGregor
Appointment of Interim DirectorACTION
PUDNo. 1 of Thurston County
The council will review the recommendation of the Executive DirectorRecruitment
Russell Olsen
Subcommittee regarding the appointment of an Interim Director. The full Council will take
actionon that recommendation and authorize the Executive Director to sign an agreement
with the designated Interim Director regarding term and compensation of that position.
Associate Members
Federal Transportation FundingINFORMATION
Economic Development
Staff will provide background information on the Regional Surface Transportation Program
Council of Thurston County
and Congestion Mitigation Air Quality federal funding processes and discuss a possible
Michael Cade
framework for a Fall 2016 Call for Projects.
Lacey Fire District #3
Gene Dobry
State TransportationImprovement Program(STIP)INFORMATION
Puget Sound Regional Council
Under federal law, each year, the Washington State Department of Transportation must
Vacant
adopt the STIP, which includes a statewide list of funded transportation projects. To
support that effort, by mid-October, TRPC must adopt a Regional TIP comprised of local
The Evergreen State College
Jeanne Rynne and transit six-year transportation program information. Staff will provide an overview of
the requirements and process in preparation for action in September or October 2016.
Timberland Regional Library
Cheryl Heywood
Cost of Living DataINFORMATION
The first quarter 2016 Cost of Living comparison is now available. Staff will brief the
Council on this commonly requested data set that allows people to compare the cost of
living in the Olympia-Lacey-Tumwater urban area to other participating urban areas
throughout the country.
Report from Outside Committee AssignmentsINFORMATION
Member Check InDISCUSSION
Executive Director’s ReportINFORMATION