The URL can be used to link to this page

01 24 2017 Agenda PacketAGENDA YELM CITY COUNCIL SPECIAL MEETING TUESDAY, JANUARY 24, 2017 5:00 P.M. PUBLIC SAFETY BUILDING TRAINING ROOM 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. Executive Session- Council will go into a 60 minute Executive Session 60 min To discuss with legal counsel representing the agency litigation or potential litigation. City attorney Brent Dille, AWC attorney Patrick McMahon and AWC Member Pooling Programs Director Carol Wilmes RCW 42.30.110 (1)(i) 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 360.458.8437. 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 Lori Mossman, 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 www.ci.yelmewa.us. AGENDA YELM CITY COUNCIL MEETING TUESDAY, JANUARY 24, 2017 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. 1. 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. Minutes; Regular Meeting January 10, 2017 b. Payables; Checks 7. Public Hearing - City of Yelm Comprehensive Plan 8. New Business - a. 2018 Overlay Project, Transportation Improvement Board (TIB) Grant ACTION Award Presenter: Maryanne Zukowski PE, Public Works Manager Attachments: Staff report, TIB Agreement Cullens Road SE Overlay Project Consultant Selection and Contract ACTION Design Services Presenter: Maryanne Zukowski PE, Public Works Manager Attachments: Staff report, Professional Services Agreement 9. Old Business -none scheduled 10. Department Updates- 11. Council and Mayor- Councilmember Curry represents Yelm on the following committees. • Thurston County Solid Waste • Yelm Adult Community Center Advisory Committee (SWAC) • Finance Department Liaison • Public Safety Liaison • SE Thurston County Fire Authority Liaison Councilmember Carmody represents Yelm on the following committees. • Intercity Transit Board 0 Community Investment • Community Development Partnership CIP) Liaison 0 Finance Department Liaison Councilmember Littlefield represents Yelm on the following committees. *Thurston Thrives steering committee *Yelm Transportation Committee • Community Development Liaison Councilmember Stillwell represents Yelm on the following committees. • Thurston County EDC Board 0 Finance Department Liaison • Public Safety Liaison Councilmember Wood represents Yelm on the following committees. • Thurston Regional Planning Public Works Liaison Transportation Committee (TRPC) • TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. • Yelm Transportation Committee • Thurston County Law and • South Thurston Economic Justice Development Initiative group 0 Public Safety Liaison (STEDI) 0 Community Development Liaison Councilmember Hendrickson represents Yelm on the following committees. • Thurston County EMS -Medic • Yelm Emergency Operations One Board • Public Works Liaison Mayor Foster represents Yelm on the following committees. • Yelm Economic Development • Yelm Finance Committee Committee • Yelm Emergency Operations • Thurston County Mayor's Forum Board • Yelm Transportation Committee 12. Executive Session -no additional session scheduled 13. Correspondence (Correspondence is available upon request) 14. Adjourn Upcoming Meetings Council Study Session, Wednesday, January 25, 2017, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, February 14, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, February 28, 2017, 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 Lori Mossman, at 360.458.8437 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 www.ci.yelm.wa.us. Agenda Item 6a Page 1 of 5 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 10, 2017 MINUTES Mayor Pro -Tem Wood called the meeting to order at 6:00 pm. 2. Roll Call Present: El Curry, Jennifer Littlefield, Tad Stillwell, Joe DePinto and Russ Hendrickson. Molly Carmody arrived at 6:07 pm. 3. Agenda Approval 17 -001 MOTION BY RUSS HENDRICKSON TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY EJ CURRY. MOTION CARRIED. 4. Special Presentations - Student of the Month - Kieran Keeslar Kieran is an outstanding student in Beginning Drama class as well as in Drama Club's current production of 'The Curious Savage.' He provides consistent leadership to whatever group he is working with and rises above to give others a high bar for achievement. His flexibility in also participating in the afterschool Jazz Band and still maintaining excellence in both activities is astounding for a high school student. He also shows respect to students and adults alike, and his demeanor is always friendly and encouraging. Kieran is not only an asset to YHS's Drama program, but also to his community. Kieran attends most school board meetings, just to learn the processes that go into running a school district. He has also volunteered during many community events including Christmas in the Park', the 'Dollars for Scholars Auction' and volunteering with productions at the Triad Theater. Congratulations Kieran, on being a splendid example for others to follow. 5. Public Comment - Kathryn Cullum, Yelm resident and teacher spoke about the many community organizations that Yelm has to offer. Ms. Cullum also invited and encouraged anyone interested to help with the Homeless Backpack program. This program helps 111 students that qualify to have easily prepared meals available to them on the weekends through the backpacks handed out to them on Fridays. Ms. Cullum would like to see information for the community organizations more readily available to the community and those in need. Councilmember's DePinto and Stillwell thanked Ms. Cullum for coming to the meeting and bringing this information to the council and praised her for her excellent speaking ability. 6. Consent Agenda a. Minutes - Regular Meeting December 13, 2016. b. Payables - Checks #68170 - #68330 Totaling $727,518.27. 17 -002 MOTION BY TAD STILLWELL TO APPROVE THE CONSENT AGENDA. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. 7. Public Hearing - City of Yelm Comprehensive Plan Mayor Pro -tem Wood opened the Public Hearing at 6:16 pm and Tami Merriman, Associate Planner explained that under the Growth Management Act, a provision of which requires the City's Comprehensive Plan be reviewed every seven years and, if needed, revise the plan to ensure that it is still consistent with the policies 1 -10 -17 Agenda Item 6a Page 2 of 5 of the act. Yelm adopted its Growth Management Act Comprehensive Plan by Ordinance No. 550 on February 22, 1994. In 2006, The Yelm City Council adopted Ordinance No. 858, which among other items updated population, projections between 2005 and 2030, including 2026 figures, and information that confirmed that Yelm and its Urban Growth Area (UGA) have sufficient area to accommodate projected growth. The process to approve this amendment included reformatting the plan to be more consistent with the recently adopted Unified Development Code (UDC). The Plan was updated to include updated materials such as housing statistics, population projections and capital projects. New goals and policies were added from the Sustainable Thurston Plan and the JBLM Joint Land Use Study. This proposed update makes the plan consistent with the Growth Management Act. The Plan was presented to the public for review and comment in several ways, including a newspaper insert, mailing to local homeowners associations, presentations to local stakeholder groups, advertisement in the Yelm Cinemas, and presented at the 2015 and 2016 Yelm Home and Garden Shows. The Planning Commission held an open house and public hearing in June of 2016, and a second open house and public hearing was held in August of 2016. The proposed amendment was also submitted to all required state agency representatives for comment. All the responses to comments and staff report along with the public hearing notice were posted on the City of Yelm website. Staff recommends the City Council continue the public hearing to January 24, 2017 at 6:00 pm in the City Council Chambers and review the plan and all public comment during the next study session on January 25, 2017 at 5:00 pm in the Public Safety Building training room. It is also recommended that Council consider continuing the hearing from January 24 to the February 14, 2017 Council meeting to provide any additional comments. Tami thanked the Planning Commission for their dedication through the Comp Plan process. Ben DeLora, Yelm resident, raised concerns about the Comp Plan stating it is an aggressive growth plan. There will need to be more police officers, transportation improvements for traffic and more schools. Mr. DeLora also stated that the City of Yelm would be challenged to make the needed updates with the current budget and revenue amounts received. The City of Yelm needs more businesses to generate more income for the improvements he feels would be needed if the Comp Plan updates were approved. S. New Business — a. Ordinance No. 1018, City of Yelm Comprehensive Plan 17 -003 MOTION BY MOLLY CARMODY TO CONTINUE THE PUBLIC HEARING TO THE MEETING OF JANUARY 24, 2017 TO ACCEPT FURTHER COMMENTS AND THEN GO TO COUNCIL ON FEBRUARY 14, 2017 FOR FINAL APPROVAL. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. b. Public Defender Contract Court Administrator Sonia Ramirez stated that Nathan D. Dysart has provided public defense services for the Yelm Municipal Court for 30+ years. The court is satisfied with the services provided and would like to continue with Mr. Dysart's services. The amount of the annual contract is $16,000 for public defense services in 2017, in addition to $500 per Jury Trial and $100 per Bench Trial. 1 -10 -17 Agenda Item 6a Page 3 of 5 Councilmember DePinto asked if the contract amount was the same as the previous contract. Sonia stated the amount stayed the same. Councilmember Carmody asked what the caseload amount was for 2016. Sonia stated there were 205 cases in 2016. 17 -004 MOTION BY JENNIFER LITTLEFIELD AUTHORIZING MAYOR FOSTER TO ENTER INTO A CONTRACT WITH NATHAN D. DYSART IN THE AMOUNT OF $16,000 FOR PUBLIC DEFENSE SERVICES IN 2017, IN ADDITION TO $SOO PER JURY TRIAL AND $100 PER BENCH TRIAL. SECONDED BY JOE DEPINTO. MOTION CARRIED. C. Jury Trial Services Contract Court Administrator, Sonia Ramirez explained that historically, the City of Yelm Municipal Court has had an Interlocal Agreement with Thurston County District Court for costs associated with them conducting jury trials on Yelm cases. These fees include the Confirmed Jury Selection Fee and the Jury Trial Daily Fee. The Confirmed Jury Selection Fee is a fee paid by the City of Yelm to cover the cost of summoning a jury and shall be applicable to each case wherein a jury trial is confirmed by the City of Yelm at the Confirmation Hearing. The most recent agreement expired December 31, 2015 and no contract was drafted in 2016. Thurston County has had a turnover in staff and it was inadvertently overlooked. There is an increase of the fees in the amount of $123 for Jury Trails and a $62 increase for Confirmed Jury Selection. 17 -OOS MOTION BY TAD STILLWELL AUTHORIZING MAYOR PRO -TEM WOOD TO ENTER INTO THE INTERLOCAL AGREEMENT WITH THURSTON COUNTY DISTRICT COURT FOR FEES TO BE PAID BY THE CITY OF YELM RELATED TO JURY TRIAL COSTS FOR THE PERIOD JANUARY 1, 2017 - DECEMBER 31, 2019. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. d. Ordinance No. 1017 and Resolution No. S72, Police Vehicle Acquisitions Finance Director, Noah Crocker stated the City of Yelm is in need of additional police vehicles to adequately support the police officers and to replace aging vehicles and equipment. The city has purchased one patrol vehicle in the past 4 years. Prior to 2009, the department utilized a leasing option to lease two vehicles every year. This leasing plan allowed the vehicles to fall into rotation that kept the vehicles safe for patrol related work and the equipment to remain current and efficient. Beginning with the leasing of two vehicles in 2017, we have the opportunity to get back on track and provide appropriate vehicles and equipment to our officers. The city has ordered two police vehicles and equipment in the amount of $99,000 +. In order to pay for the vehicles, the City of Yelm will participate in a financing program through the Office of the State Treasurer. The Lease Option Capital Asset Lending (LOCAL) program, which offers low cost financing for the acquisition of these vehicles. The LOCAL program is a pooling program where the City of Yelm will be one participant in a larger State of Washington COP Offering. Councilmember DePinto asked what the impact would be if the city leased the vehicles instead of purchasing them outright. Noah stated that the cost would be the same and the city would own the vehicles at the end of the leasing term. Councilmember DePinto asked Chief Stancil about the morale of the officers regarding the new vehicles. Chief Stancil said it would be a morale boost to receive two new vehicles for the department. Councilmember Carmody 1 -10 -17 Agenda Item 6a Page 4 of 5 asked what would happen to the vehicles that were being replaced. Chief Stancil answered that they would be saved for backup vehicles if needed, or possibly go to surplus. 17 -006 MOTION BY )OE DEPINTO TO ADOPT REIMBURSEMENT RESOLUTION NO. S72 AND ORDINANCE NO. 1017 TO FINANCE THE ACQUISTION OF TWO PATROL VEHICLES FOR THE POLICE DEPARTMENT. SECONDED BY E) CURRY. MOTION CARRIED. 9. Old Business — none scheduled 10. Department Updates - City Administrator Michael Grayum reported the city has a new Facebook page in addition to the police departments Facebook page. Pending Legal issues will be scheduled for an upcoming executive session. The discussion regarding the Study Session date and time will be added to the next Study Session agenda. Michael has received some complaints and concerns about junk vehicles on private properties as you come into Yelm. City staff is taking the appropriate action to resolve those issues. More updates to come on this issue. Michael updated Council on the water facility issue that happened a couple of weeks ago regarding declining water pressure. Public Works Director Chad Bedlington has done a great job resolving the issue. The problem was a system failure and lack of notification of the failure to the staff. We will be working on improving communication internally and externally and system protocols. We need to enhance the systems communication and install new technology for a better notification system. The system server will need to be updated as identified by our consulting engineers. The update on the water issue will be posted to our social media page. 475 people have signed up for the AlertSense notifications. Everyone is encouraged to go to the City's website and sign up. Councilmember DePinto stated that Michael is doing an amazing job so far and has hit the ground running. Great job in improving transparency and communication. 11. Mayor and Council Initiatives Councilmember Carmody represents Yelm on the Intercity Transit Board and is excited to have the opportunity to travel to Washington D.C. to represent them at the Legislative Conference in March. They will be moving forward with knowledge about mass transit and its importance. Councilmember Carmody has received concerns from residents about a strong chlorine content in the city water. She has noticed it at home and at the office as well. Councilmember Carmody would like this issue added to the Study Session for discussion. City Administrator Michael Grayum will meet with the Public Works Director Chad Bedlington and get some information out to the Council prior to the Study Session. Councilmember Littlefield congratulated Councilmember Carmody on her upcoming trip to Washington D.C. Councilmember DePinto stated there was great turnout for the meeting tonight and thanked everyone for attending. Councilmember DePinto would like to add discussion regarding the Study Session meal added to the agenda for the next Study Session. Councilmember DePinto spoke with the Executive Director of the YMCA and 1 -10 -17 Agenda Item 6a Page 5 of 5 received good news regarding the study they have been working on to see if a YMCA would be a good fit for our area. There will be an updated presentation to the Council at the February 14, 2017 meeting. Councilmember Hendrickson attended the Yelm Emergency Operations Board meeting and worked on the Hazardous Mitigation Plan. They are still waiting on the school district for a price on the transfer switch for the generator and the auxiliary fuel. There were 1700 phone calls and emails sent out from AlertSense regarding the low water pressure issue. Mayor Pro -Tern Wood stated that the 'Thanksmas Appreciation Lunch' was a wonderful event. All the department heads cooked a very nice meal for all the employees of the city and it was a huge success. It was a great team building event and a wonderful way to end the year. "Christmas in the Park" was once again an awesome event and we appreciate all the volunteers and the businesses that supported the event. The Public Works department is doing a great job keeping the roads clear and safe to drive on during the inclement weather. 12. Executive Session - none scheduled 13. Correspondence included - Thurston County Chamber of Commerce "Voice" January 2017 Municipal Research News - Winter 2017 2017 Distinguished Leader Awards invitation for January 25, 2017, Olympia AWC Cityvision magazine- Nov /Dec 2016 17 -007 MOTION BY RUSS HENDRICKSON TO ADJOURN, SECONDED BY TAD STILLWELL. MOTION CARRIED. 13. Adjourned at 7:03 pm. Attest: Tracey Wood, Mayor Pro -Tem Lori Mossman, City Clerk 1 -10 -17 Agenda Item 7. Public Hearing Notice City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 City of Yelm Public Hearing City of Yelm Comprehensive Plan The City of Yelm has scheduled a public hearing to receive public comment on the proposed update to the City of Yelm Comprehensive Plan as part of the Tuesday, January 10, 2017, City Council Meeting. The meeting will take place at the Yelm Public Safety Building, 206 McKenzie Street SE, at 6:00 PM. For additional information, please contact Tami Merriman at 360- 458 -8496. The proposed update may be viewed at the City's web site at or by visiting the Community Development Department at Yelm City Hall. Written comments will be received up to and at the public hearing. Written comments may be submitted at the hearing, or may be mailed to Tami Merriman, City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities, please contact Lori Mossman at 360- 458 -8437 at least five working days prior to the scheduled event. Lori Mossman, City Clerk PLEASE DO NOT PUBLISH BELOW THIS LINE Published: Nisqually Valley News, Friday, December 9, 2016 and Friday, December 30, 2016 Posted Yelm City Hall Yelm Public Safety Building Agenda Item 8a Page 1 of 19 Yelm � STAFF REPORT To: Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Maryanne Zukowski PE, Public Works Manager Date January 12, 2017, for Council January 24, 2017 Subj: FY 2018 Overlay Project, Multiple Locations, Transportation Improvement Board (TIB) Grant Award Arterial Preservation Program No. 3 -W- 978(003) -01 Attach: Project Funding Status Form, Adopted Six Year Transportation Plan listing the project, (2) Copies of Fuel Tax Grant Agreement Recommendation Authorize the City Administrator to sign and execute the TIB Fuel Tax Agreement and the Project Status Form whereby entering into an Agreement with TIB to mutually fund the 2018 Overlay Project. Background The City was successful in securing TIB funding for the Arterial Preservation Program for the Cullens RD SE Project in the amount of $559,458. Local match requirement is -$10.1 % at $62,931 for eligible project items. Project Funding TIB Grant Funds $ 559,458 Local Funds TIB match $ 62,931 Local Funds ADA estimate $ 30,620 Total Project Budget $ 653,009 Summary: Local Funds Needed: $ 93,551 Source: Fund 316 Roads /Street Construction has available funds from capital project Mosman Phase 3 that would secure local funding for this project and implement design and construction this year. The start of the Mosman Phase 3 design was moved out in the 2017 schedule to accommodate staff work load, which in turn reduced design funding needs in 2017 from Transportation Facility Charges. 11P age 2 Agenda Item 8a Page 2 of 19 Current Situation The Cullens RD SE project was adopted by Resolution 568 on July 12, 2016 as part of the 2017 -2023 Transportation Improvement Program. Funding award was not received until after the 2017 budget had been finalized for Council approval so no capital funding for local match or ADA costs are currently allocated. Additional ADA work that is required is not eligible for funding under this TIB grant program. Additional local funds of approximately $30,620 are needed to include ADA upgrades for design and construction that were identified in preliminary design. Adequate funding exists within the capital budget under fund 316 to include the ADA improvements together with the local match fund requirements. Staff recommends acceptance of the TIB funding and the reallocation of City transportation funds to meet the local matching and ADA requirements. 21P age 2 Commissioner Richard Stevens, Chair Grant County Mayor Patty Lent, Vice Chair City of Bremerton Jim Albert Office of Financial Management Elizabeth Chamberlain City of Walla Walla Wendy Clark - Getzin, P.E. Clallam 'Transit. Gary Ekstedt, P.E. Yakima County Commissioner Terri Jeffreys Mason County Mayor Glenn Johnson City of Pullman John Klekotka, P.E. Port of Everett Colleen Kuhn Human .services Council Mayor Ron Lucas Town of Steilacoom Mick Matheson, P.E. City of Sultan E. Susan Meyer Spokane Transit Authority Laura Philpot, P.E. City of Maple Valley David Ramsay Feet First Amy Scarton WSDOT Martin Snell Clark County Jay Weber County Road Administration Board Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib.wa.gov Agenda Item 8a Page 3 of 19 Washington State Transportation Board November 18, 2016 The Honorable JW Foster Mayor City of Yelm 901 Rhoton Road Yelm, WA 98597 Dear Mayor Foster: Congratulations! We are happy to announce the selection of your project, FY 2018 Overlay Project, Multiple Locations, TIB project number 3 -W- 978(003) -1. TIB funds granted to this project total $559,458. This year, we received requests to fund 378 different projects, totaling more than $301 million. We are pleased to provide $117 million in transportation investments to cities and counties like yours throughout the state. If you have questions, please contact Jason Phelps, TIB Project Engineer, at (360) 586 -1151 or e-mail Jason P TIB.wa.gov. Sincerely, Stevan Gorcester Executive Director foldillilm Commissioner Richard Stevens, Chair Grant County Mayor Patty Lent, Vice Chair City of Bremerton Jim Albert Office of Financial Management Jeff Carpenter, P.E. WSDOT Elizabeth Chamberlain City of Walla Walla Wendy Clark- Getzin, P.E. Clallom Transit Gary Ekstedt, P.E. Yakima County Commissioner Terri Jeffreys Mason County David Ramsay Feet First Amy scarton WSDOT Martin Snell Clark County Jay Weber County Road Administration Board Stevan E. Gorcester Executive Director P.O. Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib.wa.gov Agenda Item 8a Page 4 of 19 Washington Transportation ! ♦ Board November 18, 2016 Mr. Chad Bedlington, P.E. Public Works Director City of Yelm 901 Rhoton Rd. Yelm, WA 98597 Dear Mr. Bedlington Congratulations! We are pleased to announce the selection of your project, FY 2018 Overlay Project, Multiple Locations, TIB project number 3 -W- 978(003) -1. Total TIB funds for this project are $559,458. Arterial Preservation Program (APP) funding is appropriated by the Legislature for the biennium. APP Projects proceeding to construction after June 30, 2018 may lose funding. Before any work is allowed on this project, you must: • Verify the information on the Project Funding Status Form, revise if necessary, and sign; • Submit the section of your adopted Six Year Transportation Plan listing this project; • Sign both copies of the Fuel Tax Grant Distribution Agreement; and • Return the above items to TIB; You may only incur reimbursable expenses after you receive approval from TIB. In accordance with RCW 47.26.084, you must certify full funding by November 18, 2017 or the grant may be terminated. Grants may also be rescinded due to unreasonable project delay as described in WAC 479 -05 -211. If you have questions, please contact Jason Phelps, TIB Project Engineer, at (360) 586 -1151 or e -mail Jason P(cDTIB.wa.gov. Sincerely, Stevan Gorcester Executive Director Enclosures t Washington State Transportation Improvement Board Fuel Tax Grant Agreement City of Yelm 3 -W- 978(003) -1 FY 2018 Overlay Project Multiple Locations STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Yelm AGREEMENT Agenda Item 8a 3- W- 978(003)PPge 5 of 19 THIS GRANT AGREEMENT (hereinafter "Agreement ") for the FY 2018 Overlay Project, Multiple Locations (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Yelm, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). OPURPOSE TIB hereby grants funds in the amount of $559,458 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 r; Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003)431age 6 of 19 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENU This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. C) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003)-ffage 7 of 19 Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. C) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. C) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003)-PPge 8 of 19 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003) -ffage 9 of 19 , Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General M Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print kN m- a ....� .................. ....... .......... . ........................................................ ............................... -Print Name Fuel Tax Agreement Page 5 of 5 November 2012 Washington State Transportation Improvement Board Fuel Tax Grant Agreement Citv of Yelm 3 -W- 978(003) -1 FY 2018 Overlay Project Multiple Locations STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Yelm AGREEMENT Agenda Item 8a 3- W- 978(003,F*e 10 of 19 THIS GRANT AGREEMENT (hereinafter "Agreement ") for the FY 2018 Overlay Project, Multiple Locations (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and City of Yelm, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). 1.0 PURPOSE TIB hereby grants funds in the amount of $559,458 for the project specified above, pursuant to terms contained in the RECIPIENT'S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. The Project Scope and Budget are initially described in RECIPIENT's Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable Fuel Tax Agreement Page 1 of 5 November 2012 Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003p -qge 11 of 19 Fuel Tax Grant Agreement amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TO to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TO determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. C) TO will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TO determines, in its sole discretion, that: Fuel Tax Agreement Page 2 of 5 November 2012 �,, Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003y4e 12 of 19 oJ' Fuel Tax Grant Agreement a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. C) After investigation TIB confirms RECIPIENT'S non - compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. C) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT's motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS- At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. Fuel Tax Agreement Page 3 of 5 November 2012 Agenda Item 8a Washington State Transportation Improvement Board 3- W- 978(003y4e 13 of 19 Fuel Tax Grant Agreement 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from, that PARTY's own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY's own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney's fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Fuel Tax Agreement Page 4 of 5 November 2012 Agenda Item 8a ft Washington State Transportation Improvement Board 3- W- 978(003pVe 14 of 19 Fuel Tax Grant Agreement 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General Signature on file Guy Bowman Assistant Attorney General Lead Agency Transportation Improvement Board ............................. Chief Exec w .......... ��...__... ............................... utive Officer Date Executive Director Date Print Name Print Name Fuel Tax Agreement Page 5 of 5 November 2012 Arterial Preservation Program (APP) Approved Segment Listing FY 2018 Overlay Program Street Cullens Rd Termini Coates Rd to 75 ft short 92nd Ave Agenda Item 8a Page 15 of 19 Pavement Length 2,300 feet YELM Pavement Width 27 feet m rn E o � m ma a all i. ale aMi ale waoj snlels 6uipunj loafwd SU aweN podAi jo polu!j ajnleuBaS iao!#o leloueuld aweN padAl jo polu einleu6iS joloejia s)ijoAA ollgnd Jo JoAM •901110 811 ayj o} wiol pau6ls AIleui6lao eqj wnja�I sleioij;o Aoue6e juejoll p oml waj paiinbai am, sainleu6is 6£6`Z9 S4Nn=i ivooi iviol 0 spund lejapad 0 lOaSAA �£6`Z9 W13J. 6u$pund;P'O'S! ael gunom r �a alae wliipup , junowe pue-i-jeulied Buipunj leuoi}ippe }sib SU3NIUVd ONIGNnj lO3roO jd 31n(13HOS 103rOHd W60170986 `dM `eidwAlO L060b X08 Od paeo8 }uawanojdwl uoile}iodsuejl :ol uanlaU "iJBMoau;i asin91 pue Molaq uoi;ewjo}ui aqj A;uan suoi;eool oldi;InW ;oafoJd AeIJaAO 8 L0Z A=j :aweN loafoJd HCOO)M-M'£ :jagwnN 139foud 8Il W-13A :Aou96y mio:j snjojS Buipun_A Ioafoad paeo8 luaW@Aoidwj u014elaodsueal Agenda Item 8a Page 17 of 19 CITY OFTELM RESOLUTION NUMBER 568 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS, Section RCW 35.77.010 RCW requires the adoption of a six year transportation improvement program-, and 1111111111 illill 11111111111111111111111 - - a 0 0 updated annually by the City Council; and WHEREAS, the City Council has determined that the proposal to update and amend the adopted six year transportation improvement program is consistent with M�_ Comprehensive Plan and Transportation Plan-, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City otTelm that the 2016 six year transportation improvement program attached to this resolution as Exhibit A is hereby adopted and that a copy of this resolution be filed with the Director of the Washington State Department of Transportation. hine Schnepf, City Cl� 'A Agenda Item 8a Page 18 of 19 Exhibit A Resolution 568 Six Year Transportation Improvement Program Project List Project Name Project Number Bald Hill Rd to SR 507/SR 510 Loop Intersection - New Connection Y2C Killion to Coates - New Connection . ............. Y4A' 103rd Ave, SE Bridge Replacement & East Approach .. .. ........ ..... . Y4C_ Burnett/93rd Intersection - Realignment & Traffic Y'5.A- Longmire/SR 510 Intersection - Traffic Signal Central Business District - Cullens to 4th Y5C Mill Road SE -104th to Cochrane Park Y6B/Y6C Mill Road SE Sidewalk - Cochrane Park to SR 507 ... ........ -'y6D Connect Prairie Line to Tacoma Rail Y7A Rail Trail - Pow_ er Canal to Roy -Y71 B'- . ......... . Mosman Ave. - Railroad to ILongmire Y8A/Y8C Mosman Ave. - 2nd to Clark Rd Y8E/Y8F I'll, 11-11 .......... Bald Hill Road - City Limits to 5 Corners Y9- 11 Cullens Street - Yelm Ave to Van Trump Y15A Cullens Street - 94th to 450' north Y-15113111 . ......................... . . 100th Way - Middle Rd to Green Acres SIR 507 Sidewalk - Mill to Mosman Y17A SR 507 Sidewalk - Mosman to Washington . . . . . ........ . . . Railway Road SE Sidewalk - 1st to Middle Y18 Middle Road Sidewalk - Railway to 300'east . ......... Creek Street Sidewalk -1 03rd to Algiers Y20 2nd Street SE Sidewalk -® Cochrane Park to SE Mosman Ave Y-21 141^0�11�0 Agenda Item 8a Page 19 of 19 Yelm � STAFF REPORT To: Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Maryanne Zukowski PE, Public Works Manager Date January 12, 2017 for January 24, 2017 Council Meeting Subj: Cullens RD SE Overlay Project Consultant Selection and Contract Design Services Attach: Professional Services Agreement — Gray and Osborne, Inc Recommendation Authorize Mayor JW Foster to sign and execute the Professional Services Agreement for Engineering Services, awarding a Professional Services contract to Gray and Osborne Background The City utilizes the Municipal Research Services Center (MRSC) Rosters for Architectural and Engineering Services for Statements of Qualifications. Three (3) firms were screened and ranked from the core list from MRSC for Requests for Proposals (RFP)s. Gray and Osborn was selected from the list of firms as the most qualified responsive proposal from the three (3) firms solicited. Funding Local Match TIB Eligible: $ 5,276.00 Local Match Non Eligible ADA $ 8,984.00 TIB Grant $ 46,914.00 Design Contract $ 61,174.00 Amount remaining authorized from design phase to apply to construction and /or staff salaries $ 18,982.00. 1 1 g e 2 H:\-Street Department \Projects \Roads \2016 TIB FY 2018 3 -W- 978(03)1 Cullen Road Arterial Programs \9. Council Meetings Current Situation The Cullens RD SE project was adopted by Resolution 568 on July 12, 2016 as part of the 2017 -2023 Transportation Improvement Program. Council has approved execution of the Transportation Improvement board Grant Agreements. Staff recommends execution of a Professional Services Contract in the amount of $61,174 for design engineering services. 2 1 is b g e M H:\-Street Department \Projects \Roads \2016 TIB FY 2018 3 -W- 978(03)1 Cullen Road Arterial Programs \9. Council Meetings of Yelm Public Works Department Physical Address: 901 Rhoton Road SE Mailing Address: 105 Yelm Ave West Yelm, WA 98597 (360) 458 -8406 Fax: (360) 458 -8417 Web. ww%y, mus PROFESSIONAL SERVICES AGREEMENT FOR Cullens RD SE Overlay This Professional Services Agreement ( "Agreement ") is made between the City of Yelm, a Washington municipal corporation ( "City "), and Gray and Osborne, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: GRAY AND OSBORNE, INC. Brian Sourwine, PE 701 Dexter Avenue North, Suite 200 Seattle, WA 98109 Phone: 206.284.0860 FAX: 206.283.3206 bsourwine(a,2 -o.com The Parties agree as follows: CITY OF YELM Maryanne Zukowski, PE 105 Yelm Avenue West Yelm, WA 98597 Phone: 360.458.8499 FAX: 360.458.8417 marvannez(a,ci.velm.wa.us 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2017 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Yelm business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pam On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and /or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. The City will defend, indemnify and hold the Contractor harmless from any reuse of the work product for anything other than its original contractual purpose. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2 No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: a. Insurance coverage required hereunder shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. b. Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating of not less than ANII. 6.5 Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.6 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7, CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the Thurston County Superior Court, Thurston County, Washington, unless the parties agree in writing to an alternative process. If the Thurston County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in Thurston County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in Thurston County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF YELM ATTEST: JW Foster, Mayor City Clerk, Lori Mossman .................................................... ......................... APPROVED AS TO FORM........_ DATE: City Attorney, Brent Dille Gray and Osborne, Inc. By: Printed Name: Title: Date: Corporate: STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me the of to me known to be that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 20 Notary's signature ............ _... ......... . Notary's printed name Notary Public in and for the . State of Washington. My commission expires. EXHIBIT "A" SERVICES EXHIBIT A SCOPE OF SERVICES CITY OF YELM CULLENS ROAD SE OVERLAY The City of Yelm, with financial assistance (grant) from the Washington State Transportation Improvement Board (TIB), desires to install a 2 -inch asphalt overlay (HMA) on a portion of Cullens Road SE from near Coates Road to near 92"d Avenue. Related improvements will include repair of isolated and limited areas of failing roadway full depth reclamation at two locations, isolated sections of pavement cold planning, replacement of substandard ADA ramps within the project limits, striping/channelization, and related and incidental items of work. A project vicinity map is shown below: SR 3 1 a Vicinity Map This scope of work includes a topographical survey of maximum eight ADA ramp locations sufficient in detail to develop bid/construction documents suitable for solicit competitive bids, it also includes a site visit (walkthrough) with the City staff and G &O staff to assess site conditions (field paint severe areas of distress prior to survey), and to G&O #20167J8 Page 1 of 4 otherwise acquire pertinent regarding existing pavement failures (dig outs). More particularly, the walkthrough will better identify and inventory the type, location, size and approximate limits of structurally impaired areas to be reconstructed before the overlay portion of work is complete. This information will be used to estimate quantities for major bid items and in the preparation of special details unique to this project. DESIGN, BID AND AWARD SERVICES 1. Project Management a. Provide overall project management of design services, deliverables, schedule, and budget. b. Submit letter with monthly engineering invoices identifying major work items completed and budget information. Invoices shall identify TIB eligible and ineligible costs. 2. Agency Coordination a. Gray & Osborne shall coordinate the design and bidding of this project with the City Project Manager. The City will coordinate with the Transportation Improvement Board (TIB). 3. Topographic Survey a. Conduct a topographical survey of ADA ramp locations, pavement edges /curbs, pavement breaks, utility castings, survey monuments, and related features within the project corridor by our survey crew, as well as, conduct a field "walkthrough" by two Gray & Osborne staff members (Project Engineer and Engineering Assistant). This "walkthrough" will be conducted to assist in the preparation of bid ready set of construction documents (PS &E products) by identifying specific areas of existing pavement failures regarding location, size and number. b. Prepare TIB UCE form for City review and approval. The City will coordinate with TIB project engineer including approval advertisement. 4. Plans and Specifications a. Prepare preliminary (30 and 60 percent) and semifinal (90 percent) bid/construction documents for the City's review and comment. Incorporate applicable comments at 30, 60 and 90 percent review 0&0 #201 67.56 Page 2 of 4 levels. The bid documents will include a proposal, contract, bonds, special provisions, special details, site plan/vicinity map details, and incorporate the 2016 WSDOT Standard Specifications as further reviewed and approved by the City and/or TIB engineer. The City will provide contract template and bid details. 5. Cost Estimates a. Prepare detailed engineer's cost estimate and submit at intervals listed in Item 3 above, to the City. 6. Meetings a. Coordinate all site visits with the City Project Manager. b. Attend and coordinate review meetings at intervals listed in Item 3 above. 7. QA/QC a. Provide internal quality assurance /quality control (QA/QC) review of bid/construction documents by Principal -in- Charge. 8. Bid and Award Services a. Prepare and/or transmit "Bid Notice" to Daily Journal of Commerce and City's official newspaper of record. (Note: Our cost does not include cost of publication.) b. Prepare electronic bid documents (include in TIB projects overall bid package) for distribution by Gray & Osborne during bid phase and distribute to bona fide bidders, plan centers, the City, and utility purveyors as required. C. Maintain bidders' list. d. Answer bid inquiries. e. Issue bid addenda as may be required. f. Review bids tendered and provide engineer's recommendation of award. g. Prepare and distribute bid summary. G&O UW 67,.sx Page 3 of 4 Note: (1) City to schedule opening of bids, including conducting the bid opening. CONSTRUCTION MANAGEMENT SERVICES The Consultant shall provide construction management services as may be further desired by the City and at the City's option. If the City elects to exercise this option, the Consultant shall prepare a scope and fee for this additional work for the City's review and approval. Since the extent of this work is not yet defined at this time, it will be prepared at the completion of the design phase as a contract supplement. DOCUMENTS TO BE FURNISHED BY THE CONSULTANT • Electronic file of all Final Plans (AutoCAD and .pdf) and Specifications (MS Word) and addenda (as may be applicable). • Hard copy of Plans and Specifications and Cost Estimates to include any addenda (as may be applicable). • One set of hardcopy Plans (full- size), Specifications, and Cost Estimates and electronic half -size (.pdf) of Plans at each of the three submittal intervals (30, 60, and 90 percent) listed in the scope of work. • Copy of all photographs, exhibits, and drawings, prepared as part of this Project. ca&O rrz0167.58 Page 4 of 4 EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Sixty -One Thousand One Hundred Seventy Four Dollars and 00 /100 ($61,174.00.00). 2. Method of Compensation: Cost Plus Fixed Fee "Attached: EXHIBIT B CONSULTANT FEE DETERMINATION - SUMMARY SHEET (COST PLUS FIXED FEE) Project: City of Yelm - Cullens Road SE Overlay Schedule A - Overlay (Design) Subtotal Direct Labor Costs (DLC): $ 16,084 Indirect Labor Costs (Overhead) @ 180% x DLC: $ 28,951 Fee @ 42% x DLC: $ 6,755 Direct Non -Salary Cost: Mileage (at current IRS rate), Printing, Misc. Expenses $ 400 TOTAL ESTIMATED COST, SCHEDULE A: $ 52,190 Prepared by Garay Osborne, Inc:. G&O 920t67.58 Page 1 of 2 Estimated Estimated Discipline Required Hours Estimated Rate Amount Principal 6 $35 to $55 $288 Project Manager /Engineer 96 $33 to $55 $4,416 Civil Engineer 190 $24 to $38 $6,840 Survev Technician/CADD Techncian 84 $28 to $36 $2,520 Professional Land Surveyor (PLS) 18 $33 to $42 $720 Survey Crew 20 $45 to $96 $1,300 Resident Engineer /Field Inspector 0 $38 to $52 $0 Subtotal Direct Labor Costs (DLC): $ 16,084 Indirect Labor Costs (Overhead) @ 180% x DLC: $ 28,951 Fee @ 42% x DLC: $ 6,755 Direct Non -Salary Cost: Mileage (at current IRS rate), Printing, Misc. Expenses $ 400 TOTAL ESTIMATED COST, SCHEDULE A: $ 52,190 Prepared by Garay Osborne, Inc:. G&O 920t67.58 Page 1 of 2 EXHIBIT B CONSULTANT FEE DETERMINATION - SUMMARY SHEET (COST PLUS FIXED FEE) Project: City of Yelm - Cullens Road SE Overlay Schedule B - ADA Ramps (Design) Subtotal Direct Labor Costs (DLC): $ 2,790 Indirect Labor Costs (Overhead) @ 180% x DLC: $ 5,022 Fee @ 42% x DLC: $ 1,172 Direct Non -Salary Cost: Mileage (at current IRS rate), Printing, Misc. Expenses $ - TOTAL ESTIMATED COST, SCHEDULE B: $ 8,984 TOTAL ESTIMATED COST: $ 61,174 Prepared by dray Osborne, Inc, GdcS) H20167.58 Page 2 of 2 Estimated Estimated Discipline Required Hours Estimated Rate Amount Principal 1 $35 to $55 $48 Project Manager /Engineer 12 $33 to $55 $552 Civil Engineer 40 $24 to $38 $1,440 Survey Technician/CADD Techncian 18 $28 to $36 $540 Professional Land Surveyor WLS) 2 $33 to $42 $80 Survey Crew 2 $45 to $96 $130 Resident Engineer /Field Inspector 0 $38 to $52 $0 Subtotal Direct Labor Costs (DLC): $ 2,790 Indirect Labor Costs (Overhead) @ 180% x DLC: $ 5,022 Fee @ 42% x DLC: $ 1,172 Direct Non -Salary Cost: Mileage (at current IRS rate), Printing, Misc. Expenses $ - TOTAL ESTIMATED COST, SCHEDULE B: $ 8,984 TOTAL ESTIMATED COST: $ 61,174 Prepared by dray Osborne, Inc, GdcS) H20167.58 Page 2 of 2 EXHIBIT "C" INSURANCE