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