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12 08 2015 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TUESDAY, DECEMBER 8, 2015, 6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. 1. Call to Order 2. Roll Call 3. Agenda Approval 4. Special Presentations - Student of the Month - 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. ACTION 6. Consent Agenda ACTION a. Minutes; Regular Meeting November 24, 2015 b. Payables; Checks # 7. Public Hearing - Continued Public Hearing from November 24, 2015 Ordinance No. 1008 — 2016 City of Yelm Budget 8. New Business - a. Ordinance No. 1008, 2016 City of Yelm Budget ACTION 10 min Presenter: Noah Crocker, Finance Director Attachments: Staff Report, Ordinance No. 1008 b. Nisqually River Foundation — Intergovernmental Services Contract for ACTION 10 min Year 2016 Presenter: Noah Crocker, Finance Director Attachments: Staff Report, Contract C. Yelm Multipurpose Senior Center Contract ACTION 10 min Presenter: Noah Crocker, Finance Director Attachments: Staff Report, Contract d. Engineering and Construction Management Services, BHC — 2016 AC ACTION 10 min Water Line Replacement Presenter: Ryan Johnstone, Public Works Director Attachments: Staff Report 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board • Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees. Thurston Regional Planning Council (TRPC) Yelm Finance Committee Yelm Economic Development Committee Councilmember Stillwell represents Yelm on the following committees. • Thurston County HOME Yelm Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request) 13. Adjourn Upcoming Meetings Regular City Council Meeting, Tuesday, January 12, 2016, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, January 26, 2016, 6:00 pm, Public Safety Building Council Study Session, Wednesday, January 27, 2016, 5:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at w_ww_.ci.yelrr7.wa.us Agenda Item 6. a. Minutes Page 1 of 6 YELM CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 24, 2015 MINUTES Mayor Harding administered the Oath of Office to Tad Stillwell for Yelm City Council Position 4 replacing Jennifer Littlefield. 1. Mayor Harding called the meeting to order at 6:00 pm. 2. Roll Call Present: JW Foster, Joe Baker, Tad Stillwell, Tracey Wood, Ken Garmann and Russ Hendrickson. 15 -096 MOTION BY TRACEY WOOD EXCUSING COUNCILMEMBER BOB ISOM FROM THE MEETING. CARRIED. Agenda Approval 15 -097 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - none scheduled 5. Public Comment - Steve Klein, Thurston County resident thanked all outgoing and current Councilmembers for their public service and welcomed new Councilmembers to be sworn in at the first meeting January. 6. Consent Agenda Minutes - Regular Meeting November 10, 2015 Payables - Checks #65731 - #65822 Totaling $671,797.01. 15 -098 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearings - a. Ad Valorem Tax Rate Budget Year 2016 Mayor Harding opened the Public Hearing at 6:08 pm. City of Yelm Finance Director Noah Crocker presented the staff report. Mayor Harding closed the Public Hearing at 6:11 pm. b. 2016 Preliminary Budget Mayor Harding opened the Public Hearing at 6:12 pm. Noah Crocker gave a power point presentation of each fund. Public Hearing continued to the December 8, 2015 meeting. 8. New Business - a. Ordinance No. 1006, Setting Ad Valorem Tax for 2016 (7.a.) Noah Crocker, Finance Director explained the phrase ad valorem is Latin for "according to value ". In the case of municipal property taxes, property owners have their property assessed on a periodic basis by a public tax assessor. The assessed value of the property is then used to compute an annual tax, which is levied on the owner by his or her municipality. The legislative body holds a public hearing and discusses any increases in property tax revenues that are being considered. An Ordinance is adopted by both the dollar and percentage increase amounts and certified with the county by a November 30 deadline. Cities with a population off less than 10,000 can increase their levy amount by one percent 11/24/15 Agenda Item 6. a. Minutes Page 2 of 6 without a vote (highest lawful levy calculation). Normally, taxes on new construction are exempt from the lid /limit factor and may be added to the tax levy that is being requested only if the statutory maximum levy rate times the assessed value of the city exceeds the highest lawful maximum. The assessed valuation of the City increased approximately $2,968,302 over the previous year, therefore increasing the factor in the formula. The new levy rate will be $21.70911 per $1,000 of assessed valuation. This levy rate includes a councilmanic reduction of 1% to City of Yelm property owners. Mayor Harding added that this is the fifth year that the Council has chosen to reduce the levy rate by 1 %. If Ordinance No. 1006 passes tonight, Noah will file with Thurston County in the morning before the November 30, 2015 deadline. 15 -099 MOTION BY 7W FOSTER ADOPTING ORDINANCE NO. 1006, SETTING THE AMOUNT FIXED AS AD VALOREM FOR THE REGULAR LEVY OF PROPERTY TAX NECESSARY TO RAISE REVENUES FOR ESSENTIAL EXPENDITURES FOR THE CITY OF YELM FOR THE FISCAL YEAR 2016. CARRIED. b. Ordinance No. 1008, 2016 Preliminary Budget (7.b.) Noah Crocker, Finance Director gave an overview of the preliminary budget. The 6.633 million dollar general budget reflects a conservative approach to revenue projections (5.076 million), as well as a thorough analysis of planned expenditures. It maintains current programs, contracts and levels of service provided to the community. Some of the highlights of the 2016 Budget include: SW Yelm Well 1A- construction of water treatment system, booster station, well house, and reservoir; water rights mitigation projects associated with Deschutes River Farm; AC water line replacement projects; Cochrane Park wetland rehabilitation; Sewer Capital Facilities Plan, and the Water Comprehensive Plan Update. There was no public comment. 15 -100 MOTION BY TRACEY WOOD TO CONTINUE THE PUBLIC HEARING TO THE DECEMBER 8, 2015 CITY COUNCIL MEETING. AT THIS MEETING, ADDITIONAL PUBLIC COMMENT WILL BE HEARD AND THE BUDGET WILL BE SCHEDULED FOR ADOPTION. CARRIED. c. Resolution No. 562, Interfund Loan 001 to 316 Roads /Streets Noah Crocker, Finance Director explained the following grant revenues were budgeted during the 2015 year- Mosman Avenue Improvements project ($184,000), Cullens /Solberg Sidewalk Project (163,000) for a total grant funding of $347,000. Transportation Improvement Board (TIB) grant proceeds were awarded to fund the design and construction of the Mosman Avenue Improvements Project and the Cullens /Solberg Sidewalk project with the construction portion of each project occurring in 2015. $97,418 in grant revenues are anticipated to be received for the Mosman Avenue Improvement Project and $174,000 for the Cullens /Solberg Sidewalk Project for a total of $271,418. Due to the nature of reimbursement grants, the City of Yelm has not yet received the full reimbursement from TIB. Year to date a total of $26,417 has been received from the Mosman Avenue Improvement TIB grant and nothing for the Cullens /Solberg Sidewalk TIB grant. Additional interim funding is needed to cover costs associated with the Mosman Avenue Improvements and Cullens /Solberg Sidewalk projects paid for out of Fund 316. This funding is needed only until the grant monies are received. An Interfund Loan in the amount of $245,000 is necessary to provide cash to Fund 316 to close out the projects and end the 2015 calendar year in a positive cash position. We anticipate receiving the grant funding in early 2016. We expect to receive $71,000 in remaining grant proceeds for the Mosman Avenue Improvements Project and $174,000 for the Cullens /Solberg Sidewalk 11/24/15 Agenda Item 6. a. Minutes Page 3 of 6 Project. Once the grants are received, Fund 316 will repay the Interfund loan to the General Fund 001 as defined by Resolution No. 562. 15 -101 MOTION BY TRACEY WOOD APPROVING RESOLUTION NO. 562 ESTABLISHING AN INTERFUND LOAN BETWEEN THE GENERAL FUNDS 001 TO THE ROADS /STREET CONSTRUCTION FUND 316. CARRIED. d. Resolution No. 563, Interfund Loan 401 to 400 Stormwater Utility Noah Crocker, Finance Director stated the following Department of Ecology (DOE) funds were budgeted in 2015 — DOE Grant ($75,000) and DOE Loan ($25,000) for a total of $100,000. The DOE grant proceeds were awarded to fund the Stormwater Comprehensive plan during 2015. During 2015, The Stormwater Comprehensive Plan was budgeted at a cost of $118,750. By the end of 2015, $50,000 is projected to have been spent. There is a timing issue for the reimbursement based grants so additional interim funding is needed to cover costs associated with the Stormwater Comprehensive Plan for Fund 400 until the grant and loan monies are received. It has been determined that $25,000 is necessary to provide cash to Fund 400 to end the 2015 calendar year in a positive cash position. We anticipate receiving the grant reimbursement and loan proceeds in early 2016. Once the monies are received, Fund 400 will repay the Interfund loan to the Water Utility Fund 401 plus interest as defined in Resolution No. 563. Councilmember Wood asked if we were charging, ourselves interest on the money. Noah stated that interest must be paid on the transfer according to state law but it would not amount to much since the money will be borrowed for short term. 15 -102 MOTION BY TRACEY WOOD APPROVING RESOLUTION NO. 563, ESTABLISHING AN INTERFUND LOAN BETWEEN THE WATER UTILITY FUND 401 AND THE STORMWATER UTILITY FUND 400. CARRIED. e. Ordinance No. 1007, 2015 Year -End Budget Amendment Noah Crocker, Finance Director stated that variations in both revenue and expenditure appropriations occurs throughout the budget year, creating the need for amendments. The City of Yelm adopts the annual budget by department level for the Current /General Fund and by fund level for all other funds. It is important to note that many revenues line items (and ending cash) are anticipated to end the year well above the original budgeted amounts, this amendment addresses expenditures only except where there are transfers or Interfund loans in to balance the fund. Expense appropriations are amended to the extent needed to 'rebalance' the department /fund. This 2015 Amendment in total is $2,362,726.36. Appropriation changes include adjustments to balance the departments /funds. The Amendment total would not have been so large if an Amendment had been done mid -year as it had been done in the past. There has been a change in staff and so it was not done this year. Noah Crocker went over some of the funds that had the largest changes from one year to the next. The net effect to ending cash was 691,058.36 but the majority of this total was due to Interfund transfers, which will be paid back in 2016. 15 -103 MOTION BY TRACEY WOOD ADOPTING ORDINANCE NO. 1007, AMENDING THE 2015 BUDGET BY APPROPRIATING FUNDS FOR 2015 CONTRACT OBLIGIATIONS, TRANSFERS, AND OTHER EXPENDITURE RELATED BUDGET ADJUSTMENTS. CARRIED. 11/24/15 Agenda Item 6. a. Minutes Page 4 of 6 f. Release of Retainage to Nova Construction, Mosman Improvement Project Ryan Johnstone, Public Works Director stated that on November 18, 2011, the City of Yelm was notified from the Transportation Improvement Board (TIB) of its successful application for grant funds in the amount of $990,501. This was to complete the realignment of the intersection of Mosman Avenue with SR507 and roadway improvements between 2nd St. SE and SW Railroad St. Design of the project was awarded to Gray and Osborne for a total cost of $231,572 and was completed in March 2014. The project construction was awarded to Nova Contracting, Inc. on May 13, 2014 City Council meeting. The contract award was in the amount of $1,492,125.13. Final construction cost was $1,477,515.12. Staff recommends acceptance of the project and release of the project Retainage bond to Nova Contracting, Inc. once all proper documentation has been received from the Department of Revenue, Labor and Industries, and Employment Services and there are no liens against the project. Councilmember Wood stated it was unfortunate that the project took so long but it is beautiful. Mayor Harding stated it was a lengthy project because it is a State Highway and the City went back and forth with the State on different aspects of the project. Ryan Johnstone stated the amount had been reduced by about $34,500 in negotiations with Nova Contracting, Inc. due to the project being completed late. 15 -104 MOTION BY TRACEY WOOD TO ACCEPT AND AUTHORIZE THE RELEASE OF THE RETAINAGE BOND IN THE AMOUNT OF $74,014.70 TO NOVA CONTRACTING, INC. FOR CONSTRUCTION ACTIVITIES RELATED TO THE CITY'S MOSMAN AVE IMPROVEMENTS PROJECT. CARRIED. g. TIB Supplement with Gray & Osborne, Additional Construction Management Services, Mosman Improvement Project Ryan Johnstone, Public Works Director reported that the Mosman Avenue Improvements Project was advertised and awarded to Nova Contracting, Inc. at the May 13, 2014 City Council meeting. Additionally, Gray & Osborne was awarded a contract for construction management services for the project in the amount of $191,123. Supplement #5 is for additional services performed by Gray and Osborne due to the project exceeding the contract time. During this time additional coordination with the various project stakeholders, plan review, and general project management tasks were required. The extra time and effort incurred by Gray & Osborne is reflected in the attached supplement in the amount of $13,292 and would be paid out of fund 316. 15 -105 MOTION BY TRACEY WOOD AUTHORIZING MAYOR HARDING TO SIGN TIB SUPPLEMENT #5 WITH GRAY & OSBORNE, INC. IN THE AMOUNT OF $13,292 FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE MOSMAN AVENUE IMPROVEMENTS PROJECT. CARRIED. h. Release of Retainage to Iversen & Sons, Yelm Avenue Sidewalk Project Ryan Johnstone, Public Works Director reported that on November 25, 2013, City staff received notification from the Transportation Improvement Board (TIB) of its successful application for sidewalk replacement money in the amount of $184,184. The project was located at Yelm Ave. W. between Cullens St. NW and Solberg St. NW and included the construction of 820 feet of concrete curb, gutter, and sidewalk. In January 2014, the design of the project was awarded to Gray & Osborne and was completed in April 2015. Total design fee was $59,969. The sidewalk project was advertised for construction in April 2015 and was awarded to Iversen and Sons, Inc. on May 26, 2015 at the City Council meeting. The contract award was $200,185.00 and the project was completed on October 11/24/15 Agenda Item 6. a. Minutes Page 5 of 6 9, 2015. The final construction cost was $200,212.00. Staff recommends acceptance of the project and release of the project retainage to Iversen and Sons, Inc. once all proper documentation has been received from the Department of Revenue, Labor and Industries, and Employment Services. 15 -106 MOTION BY TRACEY WOOD TO AUTHORIZE RELEASE OF RETAINAGE IN THE AMOUNT OF $10,010.62 TO IVERSEN AND SONS, INC. FOR CONSTRUCTION ACTIVITIES RELATED TO THE CITY'S YELM AVENUE SIDEWALK IMPROVEMENTS PROJECT. CARRIED. 9. Old Business -none scheduled 10. Mayor and Council Initiatives Councilmember Foster attended the Thurston County Solid Waste Advisory Committee meeting where they discussed the Talking Trash updates from the survey. 158,000 tons of garbage is trucked 240 miles away which becomes very expensive. They are trying to come up with an alternative plan to reduce the amount of garbage in the landfills. It is estimated that 17% of the 158,000 tons is actual food or food products. Councilmember Foster also attended the Nisqually River Council meeting and the Medic One meeting on behalf of Councilmember Hendrickson. Councilmember Baker attended the Intercity Transit Board meeting and reported they will be appointing interested people to the Citizens Advisory Committee. Councilmember Stillwell stated he had spent several hours with Mayor Harding today to see what projects were happening and looks forward to spending time as a Councilmember in the future. Councilmember Garmann attended the Thurston County Law and Justice meeting. Councilmember Garmann had received a rather large water bill from the City so he replaced a part in his leaky toilet and his consumption was greatly reduced. Councilmember Hendrickson thanked Councilmember Foster for attending the Medic One meeting on his behalf. Mayor Harding attended the Thurston County Economic Development Council where they modified the Strategic Plan. Mayor Harding has served as a board member on the EDC for 11 years. The EDC has administered 50 million dollars in contracts over the past 15 years. Mayor Harding spent the afternoon bringing Tad Stillwell up to speed on the different projects happening in the City. 11. Executive Session - none scheduled 12. Correspondence included - Nisqually Land Trust Newsletter, Winter 2015 Early Learning Celebration Friday, November 20, 2015 10am -12 Lacey Community Center Thurston Regional Planning Council, Pre - Agenda Friday, December 4, 2015 8:30 - 11am 11/24/15 Agenda Item 6. a. Minutes Page 6 of 6 Councilmember Foster stated he was happy with the Military Banner Project and thought the banners looked great. Mayor Harding stated a few more banners applications had been received so there would be more going up in the future. Mayor Harding also announced the City of Yelm had received a TIB Grant for sidewalks along Mosman Avenue to Washington Street on both sides. 13. Adjourned at 7:05 pm. Attest: Ron Harding, Mayor 11/24/15 Lori Mossman, Deputy City Clerk Agenda Item 7. Public Hearing Notice - 2016 City of Yelm Budget CITY OF YELM PUBLIC HEARING CONTINUED FINAL 2016 BUDGET The Yelm City Council will continue the Public Hearing to consider the Final 2016 Budget on Tuesday, December 8, 2015 at 6:00 p.m., in Council Chambers at Yelm Public Safety Building, 206 McKenzie Ave. 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 Janine Schnepf at (360) 458 -8402 at least 5 working days prior to the scheduled event. Janine Schnepf, City Clerk Published: Nisqually Valley News, November 27, 2015 and December 4, 2015 PLEASE DO NOT PUBLISH BELOW THIS LINE Distribution: City Council Packets: Mayor: Councilmembers Newspaper of Record Posted Ron Harding JW Foster Joe Baker Robert Isom Tad Stillwell Tracey Wood Ken Garmann Russ Hendrickson Nisqually Valley News Yelm City Hall Yelm Timberland Library To: Mayor Ron Harding Yelm City Council Agenda Item 8. b. Nisqually River Found. - Intergovernmental Servs. Contract for 2016 Page 1 of 4 City of Yelm STAFF REPORT Date: December 4, 2015 (for 12/08/15 City Council Meeting) Subj: Nisqually River Foundation (Education Project) — Intergovernmental Services Contract for Year 2016. Recommendation To approve and authorize Mayor Harding to sign the attached Intergovernmental Services Contract for the period January 1, 2016 — December 31, 2016 in the amount of $3,500.00, between the City of Yelm and the "Nisqually River Foundation — NRF ". Background The Nisqually River Foundation, (formerly known as the "Yelm Community Schools - Nisqually River Education Project', now recognized as a 501 C3 not - for - profit organization associated with the Nisqually River Council), seeks to create a new generation of Yelm citizens who are aware of and care for Yelm Creek, the Nisqually River and the City of Yelm's water resources, including groundwater, surface water, wastewater and reclaimed water. If approved, this will be the City of Yelm's 13th year supporting this cause. Through this support, the City of Yelm will join other local governments in supporting this outstanding watershed education program and will be recognized as a Nisqually River Foundation and Congress sponsor. Current Situation A request for continued support of the Nisqually River Foundation was received on November 16, 2015. The proposal requests financial support from the City in the amount of $3,500.00. This funding would be used as follows: • Support for Yelm Community Schools students to participate in the activities of the Nisqually River Education Project including, but not limited to: Water quality testing, the annual GREEN Congress held in March, habitat improvement projects and salmon carcass tossing. • Project funds will be used for water quality testing kits, chemical reagents, bus transportation, substitute teacher coverage, facilities fees and coordinator costs. • Data collected as a part of this contract will be provided to the City's Water and Reclaimed Water departments. Page 1 of 1 Agenda Item 8. b. Nisqually River Found. - Intergovernmental Servs. Contract for 2016 Page 2 of 4 INTERGOVERNMENTAL SERVICES CONTRACT BETWEEN THE NISQUALLY RIVER FOUNDATION AND THE CITY OF YELM THIS CONTRACT is made and entered into, in duplicate originals, this Ist day of January, 2016, by and between the NISQUALLY RIVER FOUNDATION, hereinafter "Foundation ", and the CITY OF YELM, hereinafter "City ". WHEREAS, the City has an interest in providing water resource and watershed education to teachers, students and community members of Yelm; and WHEREAS, the Yelm School District (YSD) has an excellent watershed education program in the Nisqually River Foundation (NRF) — (formerly known as the "Yelm Community Schools- Nisqually River Education Project -NREP" —now recognized as a 5010 not - for - profit organization associated with the Nisqually River Council); and WHEREAS, the City Council of the City has agreed through the authority invested in them to authorize this contract to perform the activities described below; NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties agree as follows: SCOPE OF WORK The Foundation, shall provide the following services: Support for Yelm Community Schools students to participate in the activities of the Nisqually River Education Project including, but not limited to, water quality testing, the annual GREEN congress held in March, habitat improvement projects, and salmon carcass tossing Project funds will be used for water quality testing kits, chemical reagents, bus transportation, substitute teacher coverage, facilities fees, and coordinator costs. Data collected as a part of this contract will be provided to the City's Water Resources Department. 2. CONSIDERATION a. In consideration for the services described, the City shall provide payments to the Foundation in the following amount: $3,500.00. b. Payment to the Foundation shall be made on a reimbursement basis following receipt by the City of an invoice summarizing the services rendered, according to this contract. 3. DURATION OF CONTRACT The terms of this contract shall be completed, and the City will receive the invoice for services rendered no later than November 30, 2016. Agenda Item 8. b. Nisqually River Found. - Intergovernmental Servs. Contract for 2016 Page 3 of 4 4. HOLD HARMLESS AND INDEMNIFICATION The Foundation agrees to indemnify, defend, and hold harmless the City, its elected officials, employees, and agents from and against any and all liability, loss, damage, expense, action, claims, including reasonable attorney's fees incurred by the Foundation, its elected officials, employees, and agents in defense thereof, on account of or arising out of the performance of this Contract except for any damages arising out of bodily injury to persons or damage to property arising from the sole negligence of the City, its agents or employees. In the event of claims or actions arising out of the concurrent negligence of the parties, the above indemnification provision shall be valid and enforceable only to the extent of the negligence of the Foundation, its elected officials, employees and agents. For purposes of this section, the Foundation expressly waives its immunity under industrial insurance, Title 51 RCW. 5. CONTACTS: NISQUALLY RIVER FOUNDATION (NRF) Justin Hall, Nisqually River Foundation Coordinator 12501 Yelm Hwy SE Olympia WA 98513 Phone: 360- 438 -8715 Email: Justin ,nisquallyriver.org CITY OF YELM Ron Harding, Mayor Yelm City Hall 105 Yelm Avenue W. Yelm WA 98597 Phone: 360- 458 -8401 Fax: 360- 458 -4348 Email: ronha,ci.yelm.wa.us Agenda Item 8. b. Nisqually River Found. - Intergovernmental Servs. Contract for 2016 Page 4 of 4 6. TERMINATION Participation in this contract may be terminated by either party giving written notice of intent to terminate to the other party, providing that the City shall be obligated to pay for services already rendered under this contract. IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate originals to take effect on the date first above written. NISQUALLY RIVER FOUNDATION CITY OF YELM Justin Hall, Coordinator Ron Harding, Mayor ATTEST: Janine Schnepf, City Clerk APPROVED AS TO FORM: Brent F. Dille, Attorney Bean Gentry Wheeler Peternell, PLLC C Brent F. Dille, Attorney To: Mayor Ron Harding Yelm City Council Agenda Item 8. c. Yelm Multipurpose Senior Center Contract Page 1 of 5 City of Yelm STAFF REPORT From: Noah Crocker, Yelm Finance Director Date: December 4, 2015 (for December 8t" City Council meeting) Attach: Funding Agreement with Yelm Adult Community Center Agreement between City and Yelm Senior Multipurpose Center (6- 26 -03) Recommendation Approve the Funding Agreement extension with Yelm Adult Community Center for the period May 2015 — December 2016. Background The Washington State Constitution allows the city to provide funding to non - profit organizations for the necessary support of the poor and infirm. Historically, the City of Yelm has contributed monthly funding to the Yelm Adult Community Center (Senior Center) to aid in their mission of providing services to the senior community. The current contribution approved by the Council in the 2014 Budget is $1,000.00 per month. Current Situation The Funding Agreement for Council consideration memorializes the city's authority to contribute funding to the Senior Center and increases the amount to $1,000 per month effective May 2014- May 2015. The City Council approved a budget amendment allowing the continuation of funding through the end of this year, However the agreement was not updated through the end of the Year. The City Council has indicated they would like to continue to provide these services finds to the Yelm senior multi- purpose center. In order to provide consistency with our contract agreement and the approved budget staff would recommend approval of a contract extension from May 2015 - December 2016. Staff recommends that Council approve the Funding Agreement extension with Yelm Adult Community Center for the period May 2015 — December 2016. December 8, 2015 Agenda Item 8. c. Yelm Multipurpose Senior Center Contract Page 2 of 5 CITY OF YELM FUNDING AGREEMENT with YELM ADULT COMMUNITY CENTER This Funding Agreement ( "Agreement ") is dated effective this 27th day of May, 2015. The parties ( "Parties ") to this Agreement are the City of Yelm, a Washington Municipal Corporation ( "City "), and the Yelm Adult Community Center, a Washington Non -Profit Organization ( "Senior Center"). BACKGROUND A. The Washington State Constitution, Article VIII, Section 7 provides: "No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation." B. The Senior Center's mission is: "...to enhance the health and dignity of seniors and people with disabilities, to support their independence, to provide access to vital services, nutrition, and social situations, to provide a focal point for people to come together for service and activities that reflect their experience and skills, to respond to their diverse needs and interests, and encourage involvement in, with, and for our community." C. A principal purpose of the Senior Center is to serve the poor and infirm. D. Providing funding for the necessary support of the poor and infirm is a legitimate public purpose for which government funds can legitimately be expended. E. The City provides monthly funding to the Senior Center to further the Senior Center's purpose and work to serve the poor and infirm. F. The Parties have agreed to execute this Funding Agreement to document the monthly funding amount and to document the purpose for which the funding is provided. AGREEMENT Funding Agreement — Senior Center - 1 Agenda Item 8. c. Yelm Multipurpose Senior Center Contract Page 3 of 5 NOW, THEREFORE, the Parties agree as follows: 1. The City agrees to provide monthly funding to the Senior Center in order to further the Senior Center's work for the necessary support of the poor and infirm without discrimination, and so long as the Senior Center is in compliance with the terms of this Agreement, and the terms of the Agreement between the City of Yelm and Yelm Senior Multipurpose Center dated June 26, 2003. 2. Services. The Senior Center shall provide services for the necessary support of the poor and infirm, as provided in the Senior Center's mission statement (the "Services "). Specific services shall be provided per the Agreement between the City and Yelm Senior Center dated June 26, 2003 including continuance of the food service program via a contract with Senior Services for South Sound. 3. Reporting Requirement: The Senior Center shall submit to the City a monthly report outlining the services provided (in accordance with Section 2), their frequency and the numbers of clients benefitted. This report shall be due the last day of each month beginning June 30, 2014. 4. Term. The term of this Agreement shall commence upon the execution of this Agreement by the Parties and shall continue for twelve (18) consecutive months, through December 31, 2016 (the "Term "). This Agreement may be renewed annually at the discretion of the City. Any proposed changes to the Agreement for a subsequent term shall be submitted in writing to the other party by September 1st each year. 5. Automatic Termination. This Agreement shall automatically terminate if the Senior Center fails to maintain its 501(c)(3) status or fails to fulfill its purpose and mission to support the poor and infirm or fails to comply with Section 2 related to the provision of services. 6. Funding. Beginning with the month of May 2015, the City shall pay the Senior Center One Thousand and 00 /100 Dollars ($1,000.00) per month. Payment shall be made by check and mailed to the Senior Center by the last day of each month. 7. Compliance with Laws. The Senior Center shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 8. Indemnification. The Senior Center agrees to indemnify and hold the City, its elected officials, officers, employees, agents and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, Funding Agreement — Senior Center -2 Agenda Item 8. c. Yelm Multipurpose Senior Center Contract Page 4 of 5 licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Senior Center, its partners, shareholders, agents employees, or by the Senior Center's breach of this Agreement. 9. Equal Opportunity Employer. In all the Senior Center's services, programs or activities, and all Senior Center hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by the Senior Center or by the Senior Center's employees, agents, subcontractors or representatives against any person because of sex, age, (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. 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. The Senior Center shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Senior Center's breach, may result in ineligibility for further City agreements. 10. General Provisions. a. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the Parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest, heirs and assigns. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. b. The Senior Center shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld at the sole discretion of the City. c. Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the state of Washington. Venue shall be in Thurston County Superior Court. d. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. Funding Agreement — Senior Center -3 Agenda Item 8. c. Yelm Multipurpose Senior Center Contract Page 5 of 5 e. Any notices required to be given by the City to the Senior Center or by the Senior Center to the City shall be in writing and delivered to the parties at the following addresses: Yelm Adult Community Center Attn: City of Yelm Attn: City Administrator 105 Yelm Ave W. Yelm, WA 98597 f. A waiver or failure to enforce any provision of this Agreement, or breach thereof, shall not be construed as a continuing waiver of such provision or breach, nor shall the same constitute a waiver of any other provision or any subsequent breach of the same or any other provision. g. The article and paragraph headings contained in this Agreement have been included solely for reference purposes and shall not affect, or be used in connection with, the construction or interpretation of this Agreement. Each separate paragraph shall be treated as severable to the end that if one or more of such paragraphs shall be judged or declared illegal, invalid, or unenforceable, this Agreement shall be interpreted and shall remain in full force and effect, as if such paragraphs had never been contained in this Agreement. h. This Agreement is intended to solely benefit the parties and shall not be construed or interpreted to create any rights or benefits to any third parties. CITY OF YELM YELM ADULT COMMUNITY CENTER LO-A Name: Ron Harding Name: Title: Mayor Date: Funding Agreement — Senior Center -4 Title: Date: Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 1 of 11 To: Mayor Ron Harding Yelm City Council City of Yelm STAFF REPORT From: Ryan Johnstone, Public Works Director Date: November 25, 2015 (for December 8, 2015 City Council Meeting) Subj: Design Contract Amendment- 2014 Water Main Replacement Project Construction Support Services Attach: Project Amendment Scope, Budget, and Map Recommendation Authorize Mayor Harding to sign a contract amendment in the amount of $30,924.00 with BHC Consultants for additional design services for asbestos cement (AC) water main replacement. Background The Capital Improvement Program (CIP) approved as part of the current water system plan contains water main replacement projects necessary to increase the reliability and efficiency of the potable water distribution system (see attached). One of the primary means of increasing reliability and efficiency of the distribution system is to replace old, AC water main with new PVC or ductile iron, and to address deficiencies in capacity (i.e. undersized pipe). Several pipe segments were included in the 2014 Water Main Replacement Project. Those projects were approved by Council on July 22, 2014 for design by BHC, LLC. The contract was approved in the amount of $84,369 at that time and added to on October 14, 2014 for a total design approval of $132,710. The project was broken up into three separate bid schedules A, B, and C to allow for reduction in the construction contract should bid results exceed the budgeted amount. The schedule broke down as follows: Schedule A Capital Project ID No. D -4: replacement of approximately 800 LF of 4 -in diameter AC water main (abandon in place) with new 8 -in diameter ductile iron or PVC water pipe on 3rd St SE between Washington Ave Se and Yelm Ave E (SR507) and on Washington Ave SE between 2nd St SE and 3rd St SE. December 8, 2015 Page 1 of 2 Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 2 of 11 Schedule B Capital Project ID No. D -5: replacement and addition of approximately 850 LF of 4 -in and 6 -in diameter AC water main (abandon in place) with new 8 -inch diameter ductile iron or PVC water pipe on Algiers Dr and Yelm View Ct NE. Schedule C Capital Project ID No. D -6: replacement of approximately 650 LF of 4 -in diameter AC water main (abandon in place) with new 8 -in diameter ductile iron or PVC water pipe on Tranquility Ln from 103rd Ave. SE to cul -de -sac in Tranquility Ln. Schedule A was not constructed with the 2014 water main replacement project due to budget constraints identified prior to final design completion. The project was awarded for only bid schedule B and C pipe and appurtenances. Current Situation The AC pipe segments identified in Schedule A still remain to be replaced in accordance with the 2010 Water System Plan CIP and are identified in red and blue on the attached map. The one exception being Yelm Ave E (in Red) which was added to the CIP because it was AC pipe, undersized (6 ") for the system needs of potable water circulation, needed upgrade for fire flow, and was logical to replace while replacing the two adjoining pipe segments. It also helped with overall construction and mobilization costs. A solid effort was put forth by staff to attempt to replace the Yelm Ave E main prior to the WSDOT overlay completed earlier this year, but was unsuccessful due to planning and scheduling challenges with WSDOT. This will impact the construction costs associated with this pipe segment, but could remain nominal as a full Asphalt depth overlay will not be required. Design of the Schedule A water main sections is currently at close to 80% complete. If the request for additional scope of services is approved, design will resume upon adoption of the 2016 budget (early January). It is anticipated that design will be completed and out for bid in March 2016, with construction completion near June 2016. Approval to complete the design, bid, and construction management support of the Schedule A pipe segments will increase the design contract by $30,924. Project funding for the remaining design and construction will be from the 404 Water Capital Improvement Fund and is included in the 2016 Proposed Budget. December 8, 2015 Page 2 of 2 Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 3 of 11 Bid Schedule A Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 4 of 11 II Ilt ("Oinsulltaietsy II II tt 50I'adfleAvenue, Suile 710 Laconia, VVA 98402 i iriutvut uy��t � rotmirsn ^„ n ill ���uP1 r I' Engineers Planners December 1, 2015 Chad A. Bedlington, Public Works Manager City of Yelm 901 Rhoton Road SE Yelm, WA 98597 Subject: Authorization for Additional Scope of Work 2014 Water Main Replacement Project Construction Support Services Dear Mr. Bedlington: 253 .344.5084 253 .244.7165 (fax) www.bhcconsultants.com Per City request, BHC is pleased to offer additional design, bid period and construction support services for the subject project authorized by the City on June 23, 2015 for an original not -to- exceed value of $35,720. The supplemental Scope of Services and Budget for these tasks, involving the completion of the Schedule C water main replacement work, are detailed in Exhibits A -1 and B -1, attached. These exhibits are intended to be supplemental to Exhibits A and B of the original Agreement, and subject to the same terms and conditions. Signature of the Authorization below will constitute City approval of the desired additional Scope of Services and Notice -to- Proceed with new task items. Respectfully submitted, BHC Consultants, LLC 6-1h �) U. 'W66 Christopher W. Kelsey, PE Project Manager Authorization: I approve this amendment to the June 23, 2015 Agreement between the City of Yelm and BHC Consultants, LLC for the completion of the Schedule C design, bidding, and construction support phases, resulting in a revised not -to- exceed project Budget of $66,644. Signature Title (print) Date (print) Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 5 of 11 EXHIBIT A -1 Scope of Services Amendment CITY OF YELM 2014 Water Main Replacement Project Construction Support Services December 1, 2015 Project Background and Understanding The proposed scope of supplemental engineering services presented below details a work program to provide continuing engineering support to the City of Yelm (City) for the completion of the 2014 Water Main Replacement Project Schedule C design, as well as bid and construction phase support. This scope of services is intended as an amendment to the original contract executed on June 23, 2015, and subject to the same terms and conditions. Under a separate previous work authorization, BHC took the Schedule C design to the 100 percent complete phase, but concurrent Washington State Department of Transportation ( WSDOT) resurfacing construction work in the same project area, as well as City budgetary constraints, caused the project to be deferred to the upcoming 2016 construction season. The design completed was detailed under the premise that the work would be completed in front of the WSDOT resurfacing project. As the water main replacement will now partially occur within a newly paved section of SR 507 (Yelm Ave.), modifications to the design will need to be made to accommodate anticipated changes to WSDOT requirements. Project Approach and Scope BHC proposes the following additional task elements to the contract under this amended Scope of Services: TASK 4 — SCHEDULE C DESIGN COMPLETION AND WSDOT APPROVAL To complete the design phase of this schedule of work, BHC anticipates performing the following series of tasks: • Meet or teleconference with WSDOT to review and discuss modifications needed to current 100 percent complete design. • Incorporate necessary changes to plans, specifications, and opinion of probable cost. • Prepare and submit application and justification forms to WSDOT with revised contract documents. • Address questions and comments as necessary to receive permit approval. • Forward materials to the City for final signature and submission to WSDOT. TASK 5 — SERVICES DURING BIDDING Under this task BHC will assist the City during the bidding period by preparing a bid advertisement with project description, coordinating and offering technical assistance on contractor correspondence, issuing addenda /clarifications as necessary, and participating in the bid opening and review of bidder proposals. Subtasks include the following: City of Yelm 1 2014 Water Main Replacement Project Scope of Services Amendment — Construction Support Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 6 of 11 5.1 Advertisement/Solicitation — Prepare an advertisement and arrange for publication. Distribute the contract documents to the appropriate plan centers and to prospective bidders, subcontractors, equipment suppliers and other vendors upon request. Maintain a list of planholders for distribution upon request and make list available to the City. 5.2 Bidder Inquiries, Bidder Notices and Award and Contract Preparation Assistance — Respond to questions from bidders, subcontractors, equipment suppliers and other vendors regarding the project and plans and specifications. Maintain a written record of communications during bidding process. As part of this subtask, addenda and clarifications will be prepared as necessary to append to the contract documents. Assist the City as necessary following the bid opening meeting in developing project bid tabulation, review contractor references, and issue a letter of recommendation for award of the contract to the City. TASK 6 — OFFICE ENGINEERING SUPPORT DURING CONSTRUCTION The following subtasks are estimated office -based activities that will be conducted from project initiation through completion of construction, commissioning of facilities, and acceptance of the work by the City. 6.1 Project Management/Contract Administration - BHC will assist the City to administer the construction contract by providing technical support to the City's decisions and other requested administrative, technical, and information needs over the estimated 3 month duration. • Written and verbal communications with the City's Public Works Manager and project field representative to support progress and execution of the work by the contractor. • Coordination of office design team and subconsultant to support progress and execution of the work by the contractor. • QA/QC of construction documentation, including Project Manager review of responses to RFIs, submittals, interpretations, Requests for Quotation (RFQs), and other construction documentation. The Principal -In- Charge will provide review of all Change Orders drafted by the Project Manager. • Assisting the City with review of contractor pay requests. • Project status reports and invoicing. 6.2 RFIs, Shop Drawings and Submittals - BHC will respond to Contractor's RFIs and will review and return shop drawings and submittals to the Contractor. BHC will generate and maintain logs of RFIs and shop drawings /submittals using appropriate numbering systems, such as the Contractor's submittal number and the specification section. The logs will track the number of days taken to review or respond to each shop drawing /submittal and RFI and the action that was taken. Estimated effort to respond to RFIs is based on an assumption of 2 per civil discipline plan sheet and 1 hour to respond to each. Estimated effort to review and return shop drawings /submittals is based on an assumption of 3 general requirement (Division 1) submittals or resubmittals, 6 technical (Divisions 2 through 9) submittals or resubmittals, and 2 hours to respond to each. The estimated level of effort for this subtask is summarized in the table below. Discipline No. of RFIs No. of Shop Total Level of Drawings/ Effort Submittals (hours) General - 3 6 Civil 22 6 34 City of Yelm 2 2014 Water Main Replacement Project Scope of Services Amendment — Construction Support Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 7 of 11 6.3 RFQs, Interpretations and Minor Changes, and Change Orders - BHC will prepare RFQs in accordance with the construction contract documents when changes to the work are being considered. BHC will issue interpretations and minor changes for items having no impact on the contract price; the contract time; the means, method, techniques, or sequence of work; or safety with respect to the contractor's operations. When changes in the price or time for the work are agreed upon between the Contractor and City, BHC will prepare change orders. Logs of RFQs, interpretations, and change orders will be generated and maintained by BHC, including the number of days since action has been taken. Effort to issue individual RFQs, interpretations and minor changes, and change orders is estimated at 2, 1, and 6 hours, respectively. The estimated level of effort for this subtask, including assumed quantities for each form of construction communication, is summarized in the table below. No. of No. of Interpretations / No. of Change Total Level of RFQs Minor Changes Orders Effort (hours) 2 4 2 20 6.4 Progress Meetings (Remote Attendance) — Contract provisions call for weekly progress meetings to occur during the 75 working day (15 week) duration stated by the contract time. 7 total progress meetings are assumed; with the BHC design engineer attending 4 of the meetings remotely through teleconferencing. An estimated 1 hour for each remotely attended meeting is assumed. The City will develop and furnish the meeting agenda and minutes for these meetings. Agenda items will include those outlined in Section 1 -08.3 of the Special Provisions. TASK 7 — FIELD ENGINEERING SUPPORT DURING CONSTRUCTION The following subtasks are estimated onsite field activities that will be conducted from project initiation through substantial completion of construction. 7.1 Pre - Construction Conference - BHC will participate remotely via teleconference in a City -led pre - construction conference at the City Public Works Building prior to contractor mobilization. It is intended that this meeting will serve to review project scope, schedule, communication protocols, safety and Owner expectations during construction. Contractor representatives in attendance will be encouraged to provide feedback on each, as well as discuss specific topics such as mobilization, staging and storage areas, provision of temporary utilities, and onsite safety and erosion /sedimentation control protocols. Attendees are anticipated to include City Public Works Manager and field representative, BHC Project Manager and Design Engineer, contractor's project manager and superintendent, major subcontractors, major suppliers, and other parties, as appropriate. The City will prepare an agenda and meeting minutes, and BHC will produce and distribute hardcopy plans and contract provisions to the contractor, as obligated under Section 1 -02.2 of the Special Provisions. A 1 -hour meeting is assumed, with 2 persons from BHC attending. 7.2 Progress Meetings and Site Visits —As stated in Subtask 6.4, weekly progress meetings are assumed. In addition to those attended remotely, BHC will attend 3 of the progress meetings onsite and combine the meetings with a field walkthrough of the construction sites. The BHC Project Manager will attend 1 meeting /site visit, the Design Engineer will attend all 3. A 4 -hour duration, including travel time, is assumed per BHC attendee at each of these events. A provision for attendance and /or a site visit by the geotechnical subconsultant at one of these meetings is also made. TASK 8 — PROJECT CLOSEOUT The following subtasks are estimated engineering support services that will be performed from the time that the contractor issues a notice of substantial completion to the closeout of the contract. City of Yelm 3 2014 Water Main Replacement Project Scope of Services Amendment — Construction Support Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 8 of 11 8.1 Substantial and Physical Completion — Following the contractor's issuing notice of substantial completion, BHC will perform the following series of activities: • Schedule and participate in a field walkthrough with the contractor to review project completion status and identify any remaining items that are felt to be necessary for the declaration of substantial completion. • Provide written notice to the City of project completion status. • Develop and distribute an initial project punch list to the contractor. • When notified by the contractor, perform a field walkthrough and final inspection to confirm punch list items have been satisfactorily completed, proper pressure and disinfection testing performed, service connections made, and that the facilities constructed are satisfactory for their intended use. • Provide written notice to the City of the physical completion date. 8.2 Record Drawings — Once received from the contractor, BHC will use the official plan set redlines maintained by the contractor through physical completion to prepare final project record drawings. It is assumed that 2 hours of CAD /engineering time will be required for each of the civil discipline sheets. BHC will then produce and deliver one reproducible full size set, 3 half -size sets, and electronic files to the City. 8.3 Final Acceptance — Following physical completion, BHC will assist the City in completing required state agency forms for release of construction contract retainage. BHC will assist the City in executing final payment to the contractor and the BHC Project Manager will provide a written recommendation of acceptance of the project work as complete. BHC will organize and provide the City with final electronic files of all construction correspondence. 8.4 DOH Construction Completion Report — Following final completion and City acceptance of the project, the BHC Project Manager will complete a DOH Construction Completion Report using the DOH form template. The report will be submitted to the City for record keeping, should it be requested in the future by DOH representatives. Assumptions and Exclusions The proposed scope of engineering services is subject to the following general assumptions: • City will pay any permit fees directly outside of this contract. • A stormwater pollution prevention plan (SWPPP) will not be necessary. • Estimated level of effort to obtain WSDOT approval is based solely on submittal of a completed application and supporting construction contract documents. Development of other support materials, or iterative coordination required for approval, might necessitate additional effort not accounted for within this scope. • City will pay any fees for bid advertisement in publications. • One (1) bid period addendum is assumed. • City personnel will be available for onsite meetings. • The City will be responsible for coordination with the Contractor and the utilities for utility disconnects and connections, and is responsible for payment of all connection fees. • Levels of effort are based on assumed estimates detailed within the Scope of Services. Because this project is budgeted on a time and materials basis, it is possible that the level of effort expended could be less than or greater than budgeted. This is particularly true if the contractor does not complete construction on time. It is understood that augmentation or modification of the scope, budget, and schedule for any of the work proposed in this contract will require notification, discussion, and approval by both parties. • The contractor will provide field survey services for construction staking and locations of structures. • City will perform construction project final acceptance activities, including retainage release, final payment authorization, a written recommendation of acceptance of the project work as complete, and cataloging of construction correspondence electronic files. • City will complete and provide engineering seal to a DOH construction completion report as part of retained project records. City will provide BHC with an electronic copy of the completed form. City of Yelm 4 2014 Water Main Replacement Project Scope of Services Amendment — Construction Support Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 9 of 11 The proposed scope of engineering services is subject to the following exclusions: • Meetings and site visits beyond the budgeted amount. • Review and processing of submittals, RFls, change orders, RFQs, and clarifications beyond the budgeted amount. • Locating /potholing /mapping existing utilities. • Submittal of permit applications, including fees. • Environmental mitigation monitoring. • Construction scheduling. • Field verification of constructed conditions for preparation of the Record Drawings. • Field and laboratory testing services such as testing of soil compaction, concrete slump, concrete compressive strength, concrete air entrainment, etc. • Processing and review of claims beyond the total effort budgeted for Subtask 1.3. • Expert witness and depositions. • Processing of prevailing wage certificates. Deliverables • Draft and final WSDOT Application for Utility Permit or Franchise, with supporting materials, in PDF format. • Final bid ready plans; up to three (3) half size (11 "x17 ") hard copies, one (1) full size (22 "x34 ") hard copy, and a copy in full size in PDF format. • Final bid ready specifications and front end bidding documents; up to three (3) double sided, hard copies (8.5 "x11 ") and a copy in PDF format of the specifications and front end bidding documents. • Final engineer's opinion of probable construction cost. • Addenda in PDF format. • Letter of recommendation for award of contract in PDF format. • Monthly project status reports and invoicing. • RFI responses, shop drawings and submittal review comments, RFQs, interpretations and minor changes, change orders, construction communications logs, and other project records. • Meeting agenda and minutes. • Punch list. • Written correspondence to the City pertaining to project completion status. • Record drawings. • DOH Construction Completion Report. • Final project records. Estimated Schedule BHC's services described in this scope of work will occur over the following estimated schedule for the project. • Advertisement to Bid March 2016 • Anticipated Completion of Construction June 2016 Fee Estimate The budget for this amended Scope of Services is attached as Exhibit B and stated to be $30,924. Adding to the original executed contract value of $35,720, this amendment establishes a new budget of $66,644. The budget is based on BHC's 2015 Schedule of Charges, also included with Exhibit B. City of Yelm 5 2014 Water Main Replacement Project Scope of Services Amendment — Construction Support Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 10 of 11 EXHIBIT B -1 BUDGET SPREADSHEET City of Yelm 2014 Water Main Replacement Project - Supplemental Construction Support Services QA /QC PM Project Eng. Staff Eng. CAD Drafter Proj Admin Clerical/WP' Task No. Task Description Dorn Kelsey Whitehouse Love Caldwell Pierson Sifferman BHC Total Labor Expenses TOTAL COST Hourly Billing Rate: $225' $185 $130 $96 $99 $101 $76 Hours Cost 4 SCHEDULE C DESIGN COMPLETION Meet with WSDOTto Discuss Design Modifications 4 4 8 $1,260 $44 $1,304 Finalize Permit Application Materials, Including Contract Documents 2 16 12 6 36 $4,094 $110 $4,204 Submit Application, Respond to Questions, and Obtain Permit from WSDOT 1 4 4 2 11 $1,253 $0 $1,253 TASK SUBTOTAL, HOURS 0 7 24 0 16 0 8 55 TASK SUBTOTAL, LABOR COST $0 $1,295 $3,120 $0 $1,584 $0 $608 $6,607 $154 $6,761 5 SERVICES DURING BIDDING 5.1 Advertisement /Solicitation 4 4 2 10 $1,412 $11 $1,423 5.2 Bidder Inquiries, Notice of Award and Contract Preparation Assistance 6 10 2 18 1 $2,562 $11 $2,573 TASK SUBTOTAL, HOURS 0 10 14 0 0 0 4 28 TASK SUBTOTAL, LABOR COST $0 $1,850 $1,820 $0 $0 $0 $304 $3,974 $22 $3,996 6 OFFICE ENGINEERING SUPPORT DURING CONSTRUCTION 6.1 Project Management /Contract Administration 3 18 6 4 31 $4,915 $0 $4,915 6.2 RFIs, Shop Drawings and Submittals 4 28 8 40 $5,148 $0 $5,148 6.3 RFQs, Interpretations and Minor Changes, Change Orders 6 14 20 $2,930 $0 $2,930 6.4 Progress Meetings (Remote Attendance) 4 4 $520 $0 $520 TASK SUBTOTAL, HOURS 3 28 46 8 0 6 4 95 TASK SUBTOTAL, LABOR COST $675 $5,180 $5,980 $768 $0 $606 $304 E$1 513 $0 $13,513 7 FIELD ENGINEERING SUPPORT DURING CONSTRUCTION 7.1 Pre - Construction Conference 1 1 2 $315 $0 $315 7.2 Progress Meetings and Site Visits 4 12 16 1 $2,300 $127 $2,427 TASK SUBTOTAL, HOURS 0 5 13 0 0 0 0 18 TASK SUBTOTAL, LABOR COST $0 $925 $1,690 $0 $0 $0 $0 $2,615 $127 $2,742 8 PROJECT CLOSEOUT 8.1 Substantial and Physical Completion 2 12 1 15 $2,006 $88 $2,094 8.2 Record Drawings 4 12 16 1 $1,708 $110 $1,818 TASK SUBTOTAL, HOURS 0 2 16 0 12 0 1 31 TASK SUBTOTAL, LABOR COST $0 $370 $2,080 $0 $1,188 $0 $76 $3,714 $198 $3,912 TOTAL DIRECT LABOR AND OVERALL COST 3 52 113 8 28 6 17 227 $30,423 $501 $30,924 City of Yelm Water Systern Plan Agenda Item 8. d. Engineering and Construction Managment Services, BHC - 2016 AC Water Line Replacement Page 11 of 11 Chapter 8 'A budget of $100, 000 per year, or $200,000 every 2 years, is allocated to the distribution system projects. Scope of individual projects maybe adjusted during planning and design to match construction costs to funds available 8 -9 Use of contents on Ihis sheet is subject to the limitations specified at Iha end of this document 0:t134902 -City of Yelm UdSP UpdatelWater System Plan`.R4lVSP June 2010 Chap 8T Chapter 6 docx Existing New Pipe Length Year Estimated Cap. Project ID No. On Street From Street To Street Pipe Size (feet) Unit Cost Constructed Project Cost' 3" to 4" D -1 Railroad St. SW �Ave. �. ....��- Yelm City Hall ..Railroad ..St. ..�SW - .. ......................._Edwards Mosman AC 10 1,210 $200 2010 $242,000 D -1 SW Washington St. NW 4" AC �.. 10 360... _.�.�.�.�.�.�..� $200,- �- ��.... �.... ...-- .......................$72 ,000 .... . ..... _. ................. _.._m ....... __. ...... _ w � Total ,.,.,��- - _... 1,570 -_ _._... -..� .. Project D -1 �.... .�. ..- $314,000 �_.__ -. -., _w ........... D -2 SW Washington Ave. � Edwards St. NW Rice St. SW _ 4" AC 10 450 $212 2012 $95,400 D -2 Rice St. SW SW Washington Ave. g Ye Yelm Ave. W 4" AC 10 280 $212 .�� ......... $59,360 Total 730 Project D -2 $154,760 D -3 Van Trump Ave. NE 2nd St. NE 3rd St. NE 4" AC 10 _ 360 ....... -. ....__....www $225 . ._ ..... 2014 .................. ...... ... . . .. $81,000 w, wwww D-3 2nd St. NE NE Stevens Ave. Van Trump Ave. NE 4' AC 10 320 $225 $72,000 ..................... �ww �- Total __.- - ._ - - -.. 680 - -. - -- - - ----- ......._---- .......... Project D-3 _- _...._�......._._ -_. $153,000 - - - - - -- ._- ._-- .--- ...___ D -4 3rd St. SE Washington Ave. SE - Yelm Ave. E 4" AC � -� 8 325 $239 2016 $77,675 D -4 Washington Ave. SE g 76th Ave. cul-de-sac W�c 4" AC 8 475 $239 $113,525 _... -_._ Total 800 Project D -4 $191,200 D -5 Algiers Ct. NE Algiers Dr, 170' north 4" AC 8 170 1 $228 2018 $38,760 D-5 Algiers Ct. NE North End 130' east to connect ...._... NIA _ 8 � 130 $228 .............. . ._......... __. .....µµµµWW $29,640 D-5 Algiers Dr, Algiers Ct. NE Yelm View Ct NE 6" AC 8 200 ...._... $228 $45,600 D -5 Yelm View Ct. NE Algiers Dr, 350' south 4" AC 8 350 $228 $79,800 Total 850 Project D -5 $193,800 D -6 Tranquility Ln. 103rd Ave. SE 650' south to cul -de -sac 4" AC 8 650 $255 2020 -- $165,750 � D -7 Sprague St. Mountain View Rd. SE Killion Rd. SE - �- WW-- w�w��.� N/A 10 1,240 $316 2022 1 $391,,840 840 D -8 SR 507 Mill Rd. SE 9-- 10' southwest N/A mwµµµµ 10 .............� .. 910 ... $285 . _.......... . 2024 $259,350 ... ......_.._ D-9 Wilkensen Rd. SE Ordway Dr, 1,210' south to connect NIA B 1,210 $255 2028 $308,550 'A budget of $100, 000 per year, or $200,000 every 2 years, is allocated to the distribution system projects. Scope of individual projects maybe adjusted during planning and design to match construction costs to funds available 8 -9 Use of contents on Ihis sheet is subject to the limitations specified at Iha end of this document 0:t134902 -City of Yelm UdSP UpdatelWater System Plan`.R4lVSP June 2010 Chap 8T Chapter 6 docx