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06 27 2017 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TIIF.Rnay .IIINF 97 9n97 R•nn P M Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. 1. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations- Student of the Year (2016 -17)- Nolan Lyle 5 min LED Giveaways- Christine Hoffman, Puget Sound Energy 5. Public Comment — Please complete a blue speaker's card and present it to the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speakers (five) are limited and may be adjusted to meet agenda requirements. 6. Consent Agenda ACTION a. Minutes; Regular meeting June 13, 2017 b. Payables; Checks # C. City Park Request- Prairie Street Rod Association (PSRA) 30" Annual Car Show, August 5 & 6, 2017, Community Wide Event 7. Public Hearing- none scheduled 8. New Business - a. 2017 Emergency Pavement Repair Project -TIB Grant Agreement ACTION Presenter: Chad Bedlington, Public Works Director Attachments: Staff Report, TIB Grant Agreement Fort Stevens Elementary Pedestrian Improvements - Professional ACTION Services Agreement- WHPacific, Inc. Presenter: Maryanne Zukowski Attachments: Staff Reports, Agreement C. Ordinance No. 1023, Updating Title 18 YMC Unified Development Code ACTION which removed specific buffers for Marijuana Retailers from the Zoning Code Presenter: Tami Merriman, Associate Planner Attachments: Staff Report, Ordinance No. 1023 9. Old Business- none scheduled 10. Department Updates- 11. Council and Mayor - Councilmember Curry represents Yelm on the following committees. • Thurston County Solid Waste • Yelm Adult Community Center Advisory Committee (SWAC) • Yelm Finance Department • Yelm Public Safety Committee Committee • SE Thurston County Fire Authority Liaison Councilmember Carmody represents Yelm on the following committees. • Intercity Transit Board 0 Community Investment • Yelm Community & Economic Partnership (CIP) Development Committee • Yelm Finance Department Committee Councilmember Littlefield represents Yelm on the following committees. *Thurston Thrives steering committee • Yelm Community & Economic Development Committee Councilmember Stillwell represents Yelm on the following committees • Thurston County EDC Board • Yelm Finance Department 12. Executive Session- no session scheduled 13. Correspondence (Correspondence is available upon request) Yelm Election Precincts Map for 2017 Thurston County Auditor News - Ballots mailed to Military and Overseas Voters for August 1 Primary Election 14. Adjourn Upcoming Meetings Council Study Session, Wednesday, July 5, 2017 has been cancelled Regular City Council Meeting, Tuesday, July 11, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, July 25, 2017, 6:00 pm, Public Safety Building Committee • Yelm Public Safety Committee Councilmember Wood represents Yelm on the following committees. • Thurston Regional Planning Yelm Public Works Committee Transportation Council (TRPC) • TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. • Thurston County Law and • South Thurston Economic Justice Development Initiative group • Yelm Public Safety Committee (STEDI) • Yelm Community & Economic Development Committee Councilmember Hendrickson represents Yelm on the following committees. • Thurston County EMS -Medic • Yelm Emergency Operations One Board • Yelm Public Works Committee Mayor Foster represents Yelm on the following committees. • Yelm Community & Economic • Yelm Finance Department Development Committee Committee • Thurston County Mayor's Forum • Yelm Public Works Committee • Thurston Regional Planning • Yelm Emergency Operations Council Board • South Sound Military and 0 Nisqually River Council Community Partnership 12. Executive Session- no session scheduled 13. Correspondence (Correspondence is available upon request) Yelm Election Precincts Map for 2017 Thurston County Auditor News - Ballots mailed to Military and Overseas Voters for August 1 Primary Election 14. Adjourn Upcoming Meetings Council Study Session, Wednesday, July 5, 2017 has been cancelled Regular City Council Meeting, Tuesday, July 11, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, July 25, 2017, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Lori Mossman, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at www.yellirrnwa.ov. For information on the Americans with Disabilities Act and the Title VI Statement, click this link htt : / /www.cii. ellirrn . wa.us /hurrnan- resources /. Student of the Y a.r Jurie 2017 ........................................................................................................................................................ .............. 2 ............ ........ 2 ............................................................................................................... We are h.a..P.Py to iritroduce oux ......... .... 293 6 1 7 C . .. ......... ......... ..... .. ........ ..... .. ......... ............. .P i., c t . ...No . .... S,,-tu.d.e.r t ).f he Year"" la Nolaxi. h.a.s the cornpassian., ern.pathy and caxirig nature that is ri.eed.ed. iri. th.i.s type of prof essi.aria We cartnot wail to see how h.i.s if wi I.I. U.11fold. as he jourri.eys irito a.d.u.1thood.. Copt -i.gra.tu..!.a.ti..o�t-i.s.No.i.a.i-i.! Agenda Item 6a Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 13, 2017 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA Mayor Foster called the meeting to order at 6:00 pm. 2. Roll Call Present: El Curry, Molly Carmody, Jennifer Littlefield, Tad Stillwell, Tracey Wood, Joe DePinto and Russ Hendrickson. 3. Agenda Approval 17 -161 MOTION BY RUSS HENDRICKSON APPROVING THE AGENDA AS PRESENTED. SECONDED BY TRACEY WOOD. MOTION CARRIED. 4. Special Presentations - Student of the Month (May) - Stella Ferrulli Mayor Foster read Stella's bio and presented her with a plaque. 5. Public Comment - Jay Yates, Eagle Scout troop #268, thanked the Council and Public Works Manager Maryanne Zukowski for allowing him to complete his Eagle Scout project by installing 180 "buttons" (informational plaques) to storm drains throughout Yelm warning about pollutants. Steve Klein would like Council to reconsider allowing the Yelm Chamber to use the Yelm Community Center at no cost. Mr. Klein asked that Council discuss this matter at a Study Session. 6. Consent Agenda a. Minutes - Regular meeting May 23, 2017 & Study Session June 6, 2017. b. Payables - Checks #69104 - #69173 Totaling $497,360.47. C. City Park Request- Family Fun Day, July 8, 2017. Longmire Park Request, Yelm Lions Club -Movie Nights 7/1/17; 7/IS/17; 7/29/17; 8/12/17 and 8/26/17, 5:00 pm - 11:30 pm. d. Mosman Phase 2 Specialized Environmental Services Agreement - WHPacific, Inc. e. Synchro Model Update Professional Services Contract -Shea, Carr & Jewell, Inc. DBA SCJ Alliance Consulting. 17 -162 MOTION BY RUSS HENDRICKSON TO APPROVE THE CONSENT AGENDA. SECONDED BY EJ CURRY. MOTION CARRIED. 7. Public Hearing - none scheduled S. New Business - a. Non Discrimination Policy Agreement (NDA) with the Washington State Department of Transportation (WSDOT) 17 -163 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN AND EXECUTE THE PROFESSIONAL SERVICES AGREEMENT FOR SPECIALIZED ENVIRONMENTAL SERVICES, UPON APPROVAL FROM THE WASHINGTON 6 -13 -17 Agenda Item 6a Minutes Page 2 of 3 STATE DEPARTMENT OF TRANSPORTATION (WSDOT). SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. b. Mosman Phase 2 Specialized Real- Estate Services, Professional Services Agreement -Epic Land Solutions, Inc. DBE firm 17 -164 MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN AND EXECUTE THE PROFESSIONAL SERVICES AGREEMENT FOR SPECIALIZED REAL - ESTATE SERVICES. SECONDED BY EJ CURRY. MOTION CARRIED. C. City Splash Park - Professional Services Agreement with WHPacific, Inc. 17 -165 MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN AND EXECUTE THE PROFESSIONAL SERVICES AGREEMENT FOR SPECIALIZED ENVIRONMENTAL SERVICES FOR THE CDBG FUNDED SPLASH PARK. SECONDED BY TRACEY WOOD. MOTION CARRIED. d. Dancing Dog Farm & Rescue Service Provider Agreement 17 -166 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF YELM AND DANCING DOG FARM & RESCUE (DDF &R) FOR DOG FOSTERING AND ADOPTION SERVICES. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. e. Design Contract -2017 Asbestos Cement Water Main Replacement 17 -167 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN A CONTRACT IN THE AMOUNT OF $iS3,482.40 WITH PARAMETRIX, INC. FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 2017 ASBESTOS CEMENT (AC) WATER MAIN REPLACEMENTS. SECONDED BY JOE DEPINTO. MOTION CARRIED. 9. Old Business - Ordinance No. 1022, Unified Development Code Update 17 -168 MOTION BY JOE DEPINTO ADOPTING ORDINANCE NO. 1022 UPDATING THE UNIFIED DEVELOPMENT CODE IMPLEMENTING NEW AND UPDATED POLICIES OF THE COMPREHENSIVE PLAN AS RECOMMENDED BY THE YELM PLANNING COMMISSION. SECONDED BY TRACEY WOOD. DISCUSSION FOLLOWED REGARDING THE 1000' BUFFER OF MARIJUANA RETAIL FROM SCHOOLS AND DAYCARES. 6 -AYES, 1- OPPOSED. MOTION CARRIED. 10. Department Updates- Michael Grayum updated the Council on the following: • Congratulations to Yelm High School Seniors. • "Meetings with the Mayor" is going well. • "Chat with the Chief' is scheduled for Wednesday, June 14, 2017 at 1:00. • Prairie Days Parade is on Saturday (instead of Thursday) June 24, 9:30 am. STP Race meeting Friday with Cascade Bicycle Club and Yelm School District. Skate Park is closed for now due to vandalism and burning of the porta- potty. 6 -13 -17 Agenda Item 6a Minutes Page 3 of 3 • Vandalism at the Yelm Community Center bathrooms • Yelm Police Department has received their third new vehicle. • Received a $5,000 Sidewalk repair grant from AWC. • Applying for a $125,000 Department of Justice grant to fund 50% of the salary and wages a new Police Officer. • Lacey has the world's first 300 - degree training platform that Officers can practice on. • Increased Police presence will be at the Skate Park and Yelm Community Center. 11. Mayor and Council Initiatives Councilmember Curry attended the Yelm Senior Center meeting and the SE Thurston County Fire Authority meeting. Councilmember Carmody stated the Intercity Transit Board is going on the road and will hold a meeting on June 20 from 4:30 -6:00 pm at the Yelm Community Center and are asking for public input on their routes. Yelm Economic Summit will be held on June 15, from 2:00 -4:00 at the Yelm Community Center. Councilmember Stillwell attended the Yelm Finance Committee meeting and the Yelm Public Safety meeting. Councilmember DePinto commended Officer Tillman for a recent arrest. Councilmember DePinto attended the South Thurston Economic Development Initiative group meeting and the Yelm Community & Economic Development Committee meeting. Councilmember Hendrickson met with Chief Stancil, discussed the Comprehensive Plan changes. FEMA turned down the application for some city staff to attend training in Maryland in 2018. Attended the School Bond meeting. We have received new software on speed signs. Mayor Foster reported that he and Councilmember DePinto coordinated clean up events last weekend. Jason's Greenhouse has donated the hanging baskets around town. Mayor Foster thanked City Administrator Michael Grayum and department heads for taking care of business while he was out of town. The Mayor met with some of the Skate Park youth and received some great ideas on where the next Porta -Potty should be placed and how to stop future vandalism. They expressed gratitude to the Mayor and Council on making the space available to them. "Meetings with the Mayor" and "Chat with the Chief' have been a success. Mayor Foster attended the Community Investment Partnership meeting. Encourages Council to find someone to attend their meetings if they are not available to attend. 12. Executive Session - no session scheduled. 13. Correspondence included Invitation to an Intercity Transit Open House to discuss our Community's Transportation Needs -Yelm Community Center on June 20, 2017, 4:30 -6:00 pm 17 -169 MOTION BY MOLLY CARMODY TO ADJOURN, SECONDED BY TRACEY WOOD. MOTION CARRIED. 14. Adjourned at 7:00 pm Attest: JW Foster, Mayor Lori Mossman, City Clerk These minutes record the official actions of the Yelm City Council. Complete recordings are available on the city website at www.ci.yelm.wa.us. 6 -13 -17 CITY OF YEL Yelm City Hall 105 Yelm Ave W Yelm WA 98597 ,.JAN 13 2917 OFFICIAL USE ONLY Date Re®gM To YPAC: City Council: 360- 458 -3244 - V Park Use Request Form for Yelm City Park (Located at First Street (SR 507) and 7 )smat Avenue) Completion of this form is required to `reserve' the Pavilion area at Yelm City Park, and /or for one of the events listed below *. As per the Yelm Municipal Code (YMC) Title 9, Chapter 9.68 — The Yelm City Park is open to the public, and for all events not requiring the approval of the City Council, is available on a "first come first served basis." The following events require City Council approval: *Circus carnival and traveling exhibition, *any religious or political meeting, and ny community -wide GROUP /PERSON MAKING REQUEST,_ „�� TO BE Useb -F -° 111 ak'' i (” - TIME , ' -I �4 y . CONTACT PERSON(S)a MAILING ADDRESS _- (, . -... PO lox c C UD ._... City dip Street or PRON .... `I .. z� ,w �� GROUP Sl CIA ) (EVENING Yelm City Park estq ooms Ball Field Stage Facilities: All available on "first come first Booths Play- * Pavilion " ground ( Center covered ar tw+itla t nlc tables). served basis" - except �, �..'� �� f, " * Pavilion). tw I hereby agree on my part and for the organization I represent to abide by the City of Yelm Parks rules an ,.. --- policies (as per the Yelm Municipal Code) related to the use of park facilities which includes the ll7ortlil"ng section on "applicant's responsibility." • Applicant is responsible for obtaining all necessary permits, including appropriate health permit as needed. • Any applicant using park grounds and facilities accepts financial responsibility for any damage done to said grounds. Application for use of a park facility will constitute acceptance by the applicant of the responsibility stated above and willingness to comply with all rules and regulations regarding the use of park facilities as prescribed by the Cit Council of the City of Yelm. In the event of damage, applicant will accept the City Council's estimate of the amount of same. • The applicant must exercise the utmost care in the use of Yelm "arks and agrees to protect, indemnify and save the City of Yelm harmless from use of requested facilities "groups /organizat" ns sp nsorn `community-wide' events must provide the city with proof. 'f slf'�insurancew "� "� °, • Adult leaders of organizations using park facilities will remain with their groups during all activities and will be responsible for the observance of all rules. • All organizations and groups will, in all cases, clean and put in order the park grounds used by them before leaving. • Consumption of any intoxicating liquor on park premises without first obtaining lawful authority, is considered an act constituting disorderly conduct. • Smoking tobacco products by use of cigarette, cigar, pipe or any other smoking device inside the boundaries of any park, without first obtaining lawful authority, is unlawful. • Remaining after closing time prohibited. Hours of park accessibility at all parks is as follows - Winter hours: 6 am to 8 pm, (October 1 to March 31) and Summer hours: 6 am to 11 pm (April 1 to September 30.) • Currently there is not a fee charged for use of the Parks, but donations are gladly accepted. • The City of Yelm is not responsible for lost and /or stolen items on city park property. • Yelm City Park is a public park, and is available on a "first come first served basis." Please be aware that when you reserve the pavilion facility, this does not restrict other activities in other areas of the park. • Please initial that you have read and understand all of the above rules and policies, 03,"",?. " ",?. ignature of person making request late pay t of YIm tff � Date C:\ DS\ MYDOCUMENTSIPARKS\ C ITYPARK \YELMCITYPARKREQUESTFORM DOC Agenda Item 6c City Park Request Page 2 of 2 DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/04/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE, POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN -THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT* If the certificate holder Is an ADDITIONAL INSURED, the pollcy(iss) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hagerty Insurance Agency, LLC PH. NE ler� N. s.el (800) 922 -4050 FAX ,INW 141 Rivers Edge Drive er". -. - - -_ -• _ -•• -• Traverse City NI 49684 - 3265.- INSURERIS) AFFORDING COVERAGE NAIC N _ INSURERA:Markel Insurance Company 38970 INSURED INSURER B Prairie Street Rod Association aq INSURER C : mm4 PO Box 2362 Yom i INSURER D: Yelm WA 98597 INSURER E.._ _.....,_ ..._..._.._..._ ........ .. ......... INQIIRPR F COVERAGES CERTIFICATE NUMBER: Cert III 2,296 REVkSkON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iro ...TYPE OF INSURANCE �ITIII�......�,�..� pOUC _....�,°...-.....,, ��.. #'Tdai�CgE�(:', ,. -,.�. ..,,_,.. . .._..- .- .....__...•..__....... �, MWI IINSR _ _YNUMBER �I LIMITS A g COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 .DACE YtTR ° WMV CLAIMS -MADE [K OCCUR 360258449772 -0 04/01/2017 04/01/2018. PREMi e $ _ 1001000 MED EXP (Any one person) $ 10,000 PERSONAL$ADVINJURY $_ 1,0001000 GENI AGGREGATE LIMIITAPPLIESPER: GENERALAGGREGATE_ $ 3,000,000 POLICY ECT LOC PRODUCTS- COMP /OPAGG S 1.000 000 _._ . .. N .- OTHER: -$ AUTOMOBILE LIABILITY F END INGLE UMIT $ ANY AUTO BODILY INJURY (Per person) $ OWNED _. SCHEDULED BODILY INJURY (Per acddent) $ AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY Per a c!a m µ HIRED' NON -OWNED PROPERTY � $ S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $ S DED RFTF,,N,, _, °TION _ WORKERS COMPENSATION crenlTF FR AND EMPLOYERS' LIABILITY Y/ N E L EACH ACCIDENT EMPLOYE ANYP'# 11PRrETCYRfPARTNERIE�X .ECL7TIVE, r"j..M /A E $ �,^J _ L EACH A OFHCEPJMEMSEREXCLUDEW7 ElE -EA $ ..._. _ ......�._,�.. (Man Cory In NH) f es deschbe undr DESCRIPTION OF OPERATIONS bV0W E.L. DISEASE- POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Include as additional insured: Certificate Holder but only with respects to the named insure$ "s action's and / or negligence with regards to the Prairie Street Rod Association 30th Annual.9hwaw and Shine to be held at Yelm City Park in August 2017. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DE SCRIBED POLICIES BE-CANdELLED BEFORE THE EXPIRATION DATE THERSO , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Yelm 105 Yelm Ave W AUTHORIZED REPRESENTATIVE Yelm NA 98597 I ®1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 To: Mayor JW Foster Yelm City Council Agenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agreement ,00v4 All Page 1 of 8 Lit 0 Yelm Y f % lff md 10 11 1 A � 1: From: Chad Bedlington, Public Works Director Date June 16, 2017 (for City Council June 27, 2017) Subj: Transportation Improvement Board (TIB) Grant Award 2017 Emergency Pavement Repair Project — Various Locations Attach: Award Letter, Project Scope, and (2) Copies of Fuel Tax Grant Agreement Recommendation Authorize the Mayor to sign and execute the TIB Fuel Tax Agreement whereby entering into an Agreement with TIB to mutually fund the 2017 Emergency Pavement Repair Project — Various Locations. Background The City was successful in securing TIB funding for pavement repairs generally located on West Rd SE, Solberg St SW, and 3rd St SE in the amount of $31,375. Local match requirement is 10% at $3,486 for eligible project items. Current Situation Public Works submitted an application on 5/31/2017 requesting emergency repair funds through the TIB Arterial Preservation Program. On 6/2/2017 Public Works was notified that our application was approved for the proposed pavement repairs. The repair work will be completed prior to 8/31/2017 as conditioned by the Agreement with TIB. Thurston County Public Works will be completing the work on behalf of the City. Project Funding TIB Grant Funds $ 31,375 Local Funds TIB match 3,486 Total Project Budget $ 34 „861 Fundinq Source: Fund 101 (street operations fund) has available funds to cover the local match fund requirement. Street Repair /Maintenance funds from Fund 101 will be used. t� m P��rnliwr,. - Commissioner Richard Stevens, Chair Grunt County Mayor Patty Lent, Vice Chair City of Bremerton Jim Albert office of Financial Management Elizabeth Chamberlain City of Walla Walla Wendy Clark- Getzin, P.E. Clallam Transit Gary Ekstedt, P.E. Yakima County Commissioner Terri Jeffreys Masan County David Ramsay Feet First Martin Snell Clark County Jay Weber County Road Administration Board Ashley Probart Executive Director PO Box 40901 Olympia, WA 98504 -0901 Phone: 360 -586 -1140 Fax: 360 -586 -1165 www.tib.wa.gov Agenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agreement Washington State yy Page 2 of 8 Transportation Improvement Board June 2, 2017 Mr. Chad Bedlington, P.E, Public Works Director City of Yelm 901 Rhoton Rd. Yelm, WA 98597 Dear Mr. Bedlington:: Congratulations! We received and reviewed your application. The enclosed project scope meets TIB criteria and is approved for funding. We are pleased to announce the selection of your city for $31,375 from the TIB 2017 Emergency Repair Program. In order to receive reimbursement for your project, you must: Sign and return both copies of the Fuel Tax Grant Agreement to TIB. TIB will return one executed agreement for your files. How does the City of Yelm receive reimbursement? Send the final invoices to your TO Engineer. Your engineer will prepare project closeout paperwork for your signature. After you return the signed paperwork, TO will release payment to the City of Yelm. If you have questions, please contact Jason Phelps, TIB Project Engineer, at (360) 586 -1151 or via e-mail at JasonP @TlB.wa.gov. Sincerely, . 4_ �.'_ Ashley Probairt . Executive Director Enclosure Agenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agreement 2017 APP Emergency Repair Program Approved Scope for YELM Page 3of8 Approved Repair List Total Approved Repair Area (Sq Ft) 8,618 $q Ft Approved Pavement Repair Cost $27,888 Approved OTHER Cost $6,973 Approved TIB Funds $31,375 Total Approved Pavement Repair Cost $34,861 Required Local Funds $3,486 Federal Repair S Route Site Number 1 9052 2 905? 3 9053 4 9052 1 5 9047 6 9047 i 7 9047 8 904E STREET NAME West Rd SE West Rd SE West Rd SE West Rd SE Solberg St SW Solberg St SW Solberg St SW 3rd St SE LIMITS Enter Cross Streets 103rd Ave NE, Prairie Park St NE 104th Ave NE, Prairie Park St NE West Rd SE, Prairie Park St NE Prairie Park St NE, 4th St NE Yelm Ave W, Washington St Yelm Ave W, Washington St Washington St, McKenzie Ave SW Yelm Ave E, Washington St Repair Repair Repair Area Length Width (Sq Ft) Approved (Ft) (tt) 98 ft 12 ft 1,176 sq ft y 40 ft 12 ft 480 sq ft y 62 ft 12 ft 744 sq ft y 30 ft 26 ft 780 sq ft y 52 ft j 23 ft 1,196 sq ft y 46 ft 11 ft 506 sq ft y 130 ft 24 ft 3,120 sq ft y 77 ft 8 f 616sgft y Cost $3,806 $1,553 $2,408 $2,524 $3,870 $1,637 $10,096 $1,993 2017 Emergency Repair Program - Approved List Page 1 of 1 Washington State Transportation Improvement Board 3- W- 978(004) -1 (N Fuel Tax Grant Agreerner*genda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agre 4 eement 8 g CITY OF YELM 3-W-978(004)-J, 2017 ErneLgengy Pavement Repair Project Various Location STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF YELM AGREEMENT THIS GRANT AGREEMENT (hereinafter "Agreement ") for the 2017 Emergency Pavement Repair Project, Various Location (hereinafter "Project ") is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter "TIB ") and CITY OF YELM, a political subdivision of the State of Washington (hereinafter "RECIPIENT "). 1.0 PURPOSE TIB hereby grants funds in the amount of $31,375 for the project specified above, pursuant to terms contained in the RECIPIENT'S TIB- approved Grant Application on file, which is incorporated into this Agreement by this reference; supporting Project Documentation in 3.0; chapter 47.26 RCW; title 479 WAC; and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT's Grant Application and previously incorporated by reference into this Agreement. Scope and Budget may be further developed and refined. Any alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT's submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to, the following: a) Contract Completion Updated Cost Estimate with final summary of quantities; and b) Project Accounting History 4.0 BILLING AND PAYMENT At the closeout of the Project, but no later than August 31St, 2017, the Recipient must submit an invoice for all costs and expenditures actually incurred in the course of performing eligible work directly related to the Project, during the Project period. Any invoice received after August 31, 2017, will not be eligible for reimbursement, unless the local agency has received prior approval from TIB. TIB agrees to reimburse the Recipient for those Project - related costs and expenditures properly documented on the Recipient's invoice. Fuel Tax Agreement Page 1 of 5 May 2017 Washington State Transportation Improvement Board 3- W- 978(004) -1 Fuel Tax Grant Agreemenfgenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agreement Page 5 of 8 5.0 TERM OF AGREEMENT The term of this Agreement shall commence on the latest date of signature of the Parties and terminate upon closeout of the grant or when terminated as provided herein, but in no event shall the term of this Agreement exceed six months unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement and written amendment executed by both of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT's other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON - COMPLIANCE a) In the event TIB determines, in its sole discretion, that the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TO shall notify the RECIPIENT, in writing, of the non - compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB's notice of non - compliance, which should include either a detailed plan to correct the non - compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non - compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TO determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance; b) TIB denies the RECIPIENT's request to amend the Project, if any; and c) After investigation, TIB confirms RECIPIENT'S non - compliance. Fuel Tax Agreement Page 2 of 5 May 2017 Washington State Transportation Improvement Board 3- W- 978(004) -1 Fuel Tax Grant Agreemenfgenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agre 6 eement 8 9 TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and /or take such action as may be directed by TIB. b) In the event of default and /or termination by either PARTY, the RECIPIENT maybe liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB's obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than roadway system pavement repair is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the TIB funds for the specific Project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All requests for such increases must be made pursuant to WAC 479 -05 -202 and /or WAC 479 -01 -060. If an increase is denied, the recipient shall be liable for costs incurred in excess of the grant amount. In the event that final costs related to the specific Project are less than the initial grant award, TIB funds will be decreased and /or refunded to TIB in a manner that maintains the original ratio between TIB funds and total project costs. 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. Fuel Tax Agreement Page 3 of 5 May 2017 Washington State Transportation Improvement Board 3- W- 978(004) -1 (CO, Fuel Tax Grant Agreemenflgenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Page 7 of 8 13.0 INDEMNIFICATION AND HOLD HARMLESS a) The RECIPIENT shall indemnify and hold TIB, its agents, employees, and officers harmless from, and process and defend at its own expense, any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims "), of whatsoever kind or nature brought against TIB and arising out of, in connection with or incident to this AGREEMENT and /or the RECIPIENT's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against TIB, its agents, employees and officers arising out of, in connection with or incident to the negligent acts or omissions of the RECIPIENT, its agents, employees, officers and subcontractors. Provided, however, that nothing herein shall require the RECIPIENT to indemnify and hold harmless or defend the TIB, its agents, employees or officers to the extent that claims are caused by the negligent acts or omissions of the TIB, its agents, employees or officers; and provided further that if such claims result from the concurrent negligence of (a) the RECIPIENT or its employees, agents, officers or contractors and (b) the STATE, its employees or authorized agents, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the PARTY, its employees, officers, authorized agents, and /or contractors. This indemnification and hold harmless provision shall survive termination of this AGREEMENT. b) The RECIPIENT specifically assumes potential liability for actions brought by RECIPIENT's employees and /or subcontractors; and, solely for the purposes of this indemnification and defense, the RECIPIENT specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. c) In the event either the RECIPIENT or TIB incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT to avoid additional incurred costs and delays to the project. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non - binding mediation facilitated by a mutually agreed -upon mediator. The PARTIES shall share equally in the cost of the mediator. d) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. e) In the event of litigation or other action brought to resolve a dispute or enforce this Agreement, each Party shall be responsible for its own attorneys' fees and costs. Fuel Tax Agreement Page 4 of 5 May 2017 Washington State Transportation Improvement Board 3- W- 978(004) -1 Fuel Tax Grant Agreemenfgenda Item 8a 2017 Emergency Pavement Repair Project -TIB Grant Agreement e 8 8 w......... 9 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT'S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 17.0 AUTHORIZED SIGNATURES The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies to the obligations set forth herein. Lead Agency Chief Executive Officer Date ......... Print Name Transportation Improvement Board Executive Director Date Name Fuel Tax Agreement Page 5 of 5 May 2017 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement - WHPacific, Inc. Pagel of 44 G TA L UK To: Mayor JW Foster Yelm City Council From: Chad Bedlington, Public Works Director Maryanne Zukowski PE, Public Works Manager Date June 16, 2017 (or June 27, 2017 Council Meeting) Subj: Fort Stevens Elementary Pedestrian Improvements Attach: Professional Services Agreement - WHPacific, Inc Recommendation Upon approval from the Washington State Department of Transportation (WSDOT), authorize Mayor JW Foster to sign and execute the Professional Services Agreement for Design /Environmental Services for Fort Stevens Elementary - Pedestrian Improvements. Background The City advertised for Statements of Qualifications (SOQ)s March 31, 2017 and April 7, 2017 for Architectural and Engineering Services. The City received seven (7) SOQs related to the Fort Stevens Elementary Pedestrian Improvement Project. WHPacific was ranked by the panel as the most qualified firm. Scope of work was negotiated and the services are within the approved budget for spending 2017 and the planned budget for 2018. Funding Preliminary Engineering this Contract Consultant Contract Design Phase Fu .d..3.1.6... ._..20.1.7......_ $ 10,925 ........ ..............__....___......._ .............. _.......Grant........._...._. - $ 70,004 .......Total $ 80,929 ......... WSDOT Contract $ 675 $ 4,325 $ 5,000 Funding Construction 2018 Fund 316 (Gas Tax) Carry -2018 Grant Total Forward Construct ion P ha se _ $ 8,400 $ 121,769 $ 340,620 $ 470,000 TOTAL Project Costs $556,717 1 1 P a g e 2 H:\—Street Department \Protects \Sidewalks \Ft Stevens Elementary \Council Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 2 of 44 Current Situation Staff recommends execution of a Professional Services Contract in the amount of $80,929.00 for design and engineering services for a spending limitation of $20,000 in 2017 and the balance in 2018 with the approved budget. 2�IPage 2 H- \-- Str(_zc7,t V.7eoa.r•tment \Pro (,. cts \`,idF: walk °:: \Ft °::,teveris f Dl vnerit a..:c \r\C:crun(.::il Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement - WHPacific, Inc. Page 3 of 44 Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm /Organization Legal Name (do not use dba's): WHPacific, Inc _ Address,,,, ee e.. �., e . ......,. umber I Aid Number 12100 NE 195th Street, Suite 300, Bothell, WA 9801 UBI Number . ..... . ........ .. ... .m..._ w Federal TIN or SSN Number 602 -587 -396 20- 3966470 Execution Date Completion Date 12/31/2022 ..,m.,, �m m.. A..,m ® .. .............. 1099 Form Required _ ....... ...,,,,,,, ....._... . ....... Federal Participation ❑ Yes Q No i❑ Yes ❑ No .. �....._. _.,.�. .., .... W,..m. Project Title ............. . Fort Stevens Elementary - Pedestrian Improvements .... Description of Work As shown on Attached EXHIBIT A. STIP/LAA/Prospectus Description: Improve safety for students and pedestrians along 100th Way Southeast and Grove Road near Fort Stevens Elementary with new sidewalks and ADA compliant facilities. 2017 - Not to Exceed (NTE) $20,000 2018 - NTE $60,929 0 Yes l I% ❑ No DBE Participation Total Amount Authorized: $80,929 ❑i Yes -11% ❑ No MBE Participation Management Reserve Fund: 0 0 Yes -11% ❑ No WBE Participation 0 Yes -I I% F-1 No SBE Participation Maximum Amount Payable: $80,929 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation F,xhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit F Sub - consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents - f- fl.tb le tw h'- a a Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 4 of 44 Agr=awnc Number! Local Agency A&E Professional Services Gast Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 5of44 The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All electronic files, prepared by the CONSULTANT, Must meet the requirements as Outlined in Exhibit "C_ Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments or service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT, Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified inatil, return receipt requested, or (it) by email or facsimile, to the address set forth below: [f to AGENCY: Name- Maryanne Zukowski Agency: City of Yelm Address: 105 Yemi Ave City: Yelrn State: WA Email.- Mary anneZ@ ci.ye I m wa.us Phone: 360-458-8499 Facsimile: 360-458-8417 j MMVTMRWWMMF"K�,•� WA Zip: 98011 The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date," The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable t, idable delays caused by an act of GOD, govemmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Local Agency ASE Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 6 of 44 Agreement Number: Local Agency A Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 7 of 44 A„rec:mc nt N wniil cry Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page aor44 Any and all employees of the CONSULTANT ur other persons while engaged iu the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANTonly and not of the AGENCY, and any and all claims chat may arise under any Workmen's Ag Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 9 of 44 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a ftilt- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGR_EEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT, V111. Nondiscrimination • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12 101 et. seq.) * 23 CFR Part 200 * 49 CFR Part 21 * 49 CFR Part 26 ® RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" In every sub-contract, including procurement of materials and [cases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. xs=rf The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten ( 10) days written notice to the CON S U LTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default On the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee %ercentage it the time of termination of this AGE-EEMENTeclus anrl direct non-sal�aj costs incurred Lia to the time of termination of this AGREEMENT. No payrnent shall be made for any SERVICES completed after ten (10) days rollowing receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice ofTermination exceeds the total amount that would be due when Computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT' are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the arnount to be paid to the CONStJLTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in perfon-ning SERVICES to the date of termination, the arnount of SERVICES originally required which was satisfactorily completed to Agreement Number: Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 10 of 44 The CONSULTANT shall make such changes and revisions in the completed work of this AGR-EEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." Local Age =ncy A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 3/11/2016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 11 of 44 The CONSULTANT, any sub-conoultmts, and the AGENCY shall comply with all Federal, State, and local taws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work hobe pet-formed Linder this /\C}ELEEMBN.[ This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONS U[][ANTmboJ| defend, indumouifK and hold The State ot Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part frorn the negligence of, or the breach ofany obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the COWS(JIJ[AN? may be legally liable; provided that nothing herein mbu|| require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STAT E and the AGENCY, their agents, officers, employees, SUb-consultantS, Subcontractors or vendors, of any tier, or any other persons for whom the S]}0[E and/or the AGENCY may he legally liable-, and provided further that iy the claims orsuits are caused byoc result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other pet-sons for whorn the CONSULTANT imlegally liable, and (b)the STATE and/or AGENCY, their agents, officers, employees, sub-conSLIltants, subcontractors and or vendors, o[ any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or tbmoog|ignncenytheCQhJ8DlTAY47,sugoota,ernp\oyeem,aub-oonmu|tVntx,uuboon1ractorm*rvnndmro,ofunyiier` oc any other persons for whom the CONSULTANT may h* legally liable. This provision shall be included inany AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STAI'E and the AGENCY and their officers and employees huom|eam fronu all claims, demands, or suits at law or equity uhmiog in whole or in part from the a||cg:dpntentorcopyrigbtiofiingenueotorotboro/|uged|yinnproperuppcopria2i000ruacofirudcmeoretm,pm1eutn, proprietary information, know-how, copyright rights or inventions by the CONSULIANT or the CONSULTANT's agents, employees, sub- consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANTmay be legally liable, in perfonnance of the Work under this AGREEMENTor arising Out ofany use in connection with the AGREEMENT of methods, processes, designs, inforritation or other items firmished or communicated to STATE and/or the AGENCY, their agents., officers and employees pursuant to the AGREEMENT-, provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly inuproperappnopriubonoruocoftradeueorcts,putentu,proprietoryinfbonudoo,knon/-how,copyhgh1tigbtmor iovoudoum resulting from STATE aod/or/\GE]VCY`o, their agents, ofhoery`uod employees' failure to comply with upuoiho written instructions regarding use provided to STATE and/or AGENCY, their agents, o[Gourn and employees by the CONSULTANT, its agents, employees, SUb-conRdtants, subcontractors or vendors, of any tier, or any other persons §urvvhucu the CONSULTANT may be legally liable. The CONSULJ)\NT'a nc|udmn to the AGENCY shall be at all 1inoea as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is u violation of the Bdbicm in Public Service Act, Chapter 42.52 RCVV� or any similar statute involving the CONSULTANT in the procurement o[ or performance uuder, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CON8D[]AN7's uvvn employees orits agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the SLute industrial insurance iax( Title }L B[W, This waiver has been mutually negotiated between the Parties. Agreement Number: Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 12 of 44 The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGR_EEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. - - -------- Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 13 of 44 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary 'is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGR-EEMENT, or otherwise in law. KUH§ff *WFUTIOM XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. AgreLment Number� Local Agency A &E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 14or44 This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative ofeither party has authority to make, and the pat-ties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or to this AGREEMENT. This AGREEMENT may be simultaneously executed In several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material Submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. K4K1M2nV MIT 0 =W The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEIVENT or its perfor-mance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information driver's license numbers medical data law enforcement records 'or an other information Ag,momwmNuiirthei Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 15 of 44 Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 16 of 44 tabulations, computati . ons, summaries, inventories, and writings regarding conferences, conversations 01' C) telephone conversations, and any and all other taped, recorded, written, -r. or typed matters of any kind or description; every or of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any oCthe foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ES1 is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. in witness wfiereof, Me parties riereto nave CXeCUtea mis 70KEErTicri C "Executioa Date" box on page one (t) of this AGREEMENT. Signature Date Signature Date An modifica lion, change, or re IV ibrmation, ref AGREEME' Tshall require al�[)rovul (is tofi)rm, hy, the (f i,e y qf'rhe Aaorne.y General. Agreement INUmber: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 311112016 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 17 of 44 A �[= I W'4101111tu City of Yelm Fort Stevens Elementary — Pedestrian Improvement 01 =1 - =1 � 61 el w 0 U U a E, I ILI I M Scope of Work Project No, Agreement Nurnbeii!� WSDOT Form 140-089 EF Exhibit A Page I of I Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement - WHPacific, Inc. Page 18 of 44 EXHIBIT A City of Yelm Fort Stevens Elementary — Pedestrian Improvement WHPACIFIC SCOPE OF WORK The work to be accomplished under this agreement will be for WHPacific, Inc. (CONSULTANT) to provide engineering design services for the City of Yelm (CITY). Services include the production of Plans, Specifications and Engineer's Estimate (PS &E) for sidewalk improvements along the north side of 1001h Way SE connecting existing sidewalk on north side of Middle Rd SE, just east of Cochrane Ave SE, to Grove Rd SE; and west side of Grove Rd SE from 1001h Way SE to just south of Greenleaf Ave SE. The project will include the following elements: 1) Construction of approximately 1700 linear feet of curb, gutter, sidewalk, and amenity strip. 2) Construction of ADA- compliant curb ramps, per PROWAG 3) Installation of Stormwater facility to support the proposed sidewalk improvements. The project design and PS &E will be based upon the following standards: 1) WSDOT Local Agency Guidelines 2) WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2016) 3) WSDOT Standard Plans 4) Department of Ecology Current Stormwater Manual for Western Washington Low Impact Technical Guidance Manual for Puget Sound 5) City of Yelm Design Guidelines The CONSULTANT and the CITY have prepared the following detailed scope of services for this project: 1.0 PROJECT MANAGEMENT The CONSULTANT will provide project management and administration during the design phase of the project, to include: 1.1 General Project Management —The CONSULTANT will develop and maintain project scope and budget, coordinate with CITY staff, coordinate and review the project team's work, maintain project files, and conduct project team meetings to coordinate project activities. 1.2 Progress Report / Invoices —The CONSULTANT will prepare and submit progress reports/ invoices to the CITY monthly, 1.3 Quality Control Reviews —The CONSULTANT will perform quality review checks prior to submittal of work to the CITY. 1.4 Field Review /Scoping Meeting -The CONSULTANT will conduct one (1) site visit with the CITY staff to have a clear understanding of the Scope of Work. Any changes to the Scope of Work will be identified and resolved. 1.5 Project Coordination Meetings - The CONSULTANT will attend up to two (2) project coordination meetings at the Yelm Public Works Department, in conjunction with the design submittal reviews. The CONSULTANT will prepare meeting notes and distribute to all meeting participants. Page 1 of 7 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement - WHPacific, Inc. Page 19 of 44 2.0 TOPOGRAPHIC SURVEY AND BASEMAP The CONSULTANT will complete a topographic survey and develop a topographic base map for the project area from the existing right of way on the south side of 1001h Way SE to the building line of the houses on the north side from 50 feet west of existing sidewalk end at Middle Rd SE, just west of 1001h Way SE, to the Grove Rd SE; and from existing right of way on east side of Grove Rd SE to the building line of the houses on the west side of Grove Rd SE, from 1001h Way SE to Greenleaf Ave SE. Included in the base map will be Right -of -Way limits; a one -foot (1') contour interval; trees; outline of vegetated areas; visible utilities having surface and /or above - ground features; underground utilities as marked on the surface by a private underground utility locate company; overhead power and cable lines in horizontal position only; sanitary sewer and storm water structure as -built plans including type of structure, rim and invert elevation, connections and pipe material if discernible, including the connecting structure lying outside of the above- described mapping limits; mailboxes; signs; fences; private driveways to the garage entrance and private owner constructed street -side improvements. The base map will be prepared at a scale of one inch equals twenty feet (1 " =20'). Base mapping will be tied to existing monumentation and defined on the plans. 3.0 PRELIMINARY PLANS (30% Plans) 3.1 Preliminary Plans - The CONSULTANT will create design base file and prepare Preliminary Design Plans to show the basic elements and extent of the project. The Preliminary Plans will be prepared at 1 " =20' scale using AutoCAD Civil 3D 2014 software, WHPacific and City of Yelm CAD standards. 3.2 Design Memorandum -The CONSULTANT will develop a preliminary design memorandum, which will include a summary of critical design elements that will provide the basis for final design and plan preparation. The design memorandum will include the following elements: • Design Criteria a Preliminary Sidewalk Horizontal Alignment • Preliminary Sidewalk Vertical Alignment • Preliminary Cut /Fill Limits /Retaining Wall Locations if any 0 Preliminary Drainage Review Analysis of potential utility coordination items 3.3 Utility Coordination - The CONSULTANT will complete the following: Contact Utility Owners to obtain record drawings. Utilities will include water, sanitary sewer, drainage (City of Yelm), gas, power (PSE), and communications (Comcast, Fairpoint). Identify potential conflicts and coordinate with utility companies. 3.4 Geotechnical Analysis - The CONSULTANT project engineer and geotechnical engineer will walk the site with the CITY representatives to determine locations for site exploration and small pilot infiltration test (PIT). The CONSULTANT will perform soil exploration and evaluate LID feasibility per Stormwater Management Manual for Western Washington from the Department of Ecology. HWA will perform the following: Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 20 of 44 Prepare Exploration Plan for two PITS and submit to CITY. CITY will provide traffic control, if necessary, excavate the PIT test pits, and provide water for PITs at no cost to HWA. Mark test pit /PIT locations and arrange for utility locates. Conduct a Pilot Infiltration Test (PIT) at 2 locations to determine long -term stormwater infiltration rates. o The PITS will be conducted and analyzed in general accordance with the 2014 Ecology Stormwater Manual. HWA will log excavation (by the CITY) through each PIT the day after running the test to view /sample receptor soils. Prepare a draft report presenting the results of the explorations /PIT along with recommendations for infiltration. • Finalize report upon receipt of review comments. 4.0 NATIONAL ENVIRONMENTAL POLICY ACT DOCUMENTATION (NEPA) CONSULTANT will prepare an Environmental Classification Summary (ECS) for use in FWHA's NEPA determination for the project. It is assumed that the appropriate NEPA mechanism for the project will be a Documented Categorical Exclusion (DCE). The following tasks are included in the NEPA documentation. The CITY will prepare the APE: 4.1 Environmental Classification Summary - CONSULTANT will complete an ECS for the project to address potential impacts to the environment from the project. 4.2 Cultural and Historic Resources - A cultural resources study will be conducted for the project area in compliance with Section 106 of the National Historic Preservation Act. This will include a pedestrian survey supervised by an archaeologist that meets the qualifications outlined by the Register of Professional Archaeologists. Additionally, an architectural historian will review records corresponding to the indirect area of potential effect for this undertaking. 4.3 Biological Assessment - CONSULTANT will prepare a Biological Assessment (BA) for the proposed pedestrian improvements. The BA will cover the Mazama pocket gopher and any other species required under state or federal endangered species regulations, The BA will address the potential impact of the project on listed and sensitive species and be provided to support related NEPA related determinations. CONSULTANT will work with the CITY and the US Fish and Wildlife (USFWS) to establish appropriate survey protocol, and update soil mapping for the Project area. CONSULTANT will conduct surveys for the Mazama pocket gopher (gopher) in the Project area. The surveys will be conducted by a qualified biologist and follow protocol established by Thurston County in coordination with state and federal authorities. Three total surveys will be conducted, at least 30 days apart. A final report will be produced which meets USFWS standards for wildlife surveys. CONSULTANT will request a determination letter from the USFWS regarding the survey findings. 4.4 Approval Documentation of Right of Way — Right of way documentation for the project will be prepared. It is assumed no Right of Way purchase will be required. Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement - WHPacific, Inc. Page 21 of 44 5.0 STATE ENVIRONMENTAL POLICY ACT (SEPA) 5.1 CITY as the lead agency for SEPA provided an exemption for SEPA under WAC 197-11 - 8002C for Sidewalks and 18.20.020 Yelm Municipal Code (YMC) for less than 1000 CY of excavated materials. If these parameters change the City will complete SEPA. 6.0 PUBLIC INVOLVEMENT 6.1 There will be no formal public involvement. There are no driveways to reconstruct. CITY will handle any landscape plantings that need to be removed with the property owners. 7.0 90% DESIGN The CONSULTANT will update the project design to the ninety (90) percent complete stage. The CONSULTANT will complete the following tasks: 7.1 Utility Coordination - Based on coordination with the utility companies, the CONSULTANT will complete the following: • Determine if conflict resolution requires a design change or utility relocation. • Adjust design to minimize utility relocation, where feasible. • Confirm locations that require utility relocation. • If required, pothole potential utility conflicts to determine actual depth (consider an allowance of $2,000 for potholing). • Coordinate with utilities to schedule the required relocation work. 7.2 90% Plans - The CONSULTANT will develop project plans to the 90% complete stage. The scale of the roadway plan and profile sheets will be one inch equals twenty feet (1 " =20'). The plans will be prepared using AutoCAD Civil 3D 2014 software and WHPacific and City of Yelm CAD standards. The following is an anticipated sheet count for the plans: Sheets D ri2j rK 1 Cover Sheet /Vicinity Map /Sheet Index 1 Legend /Abbreviations /Notes 3 Survey Alignment / Control Plan 3 Site Preparation / Erosion Control Plan 1 Typical Sidewalk Sections 1 Typical Sidewalk Details 3 Sidewalk /Paving Plan 2 Curb Ramp Details 3 Landscaping Plan and Details 2 Traffic Control Plan 20 TOTAL 7.3 Cross Sections - The CONSULTANT will prepare cross sections at 25 -foot intervals. The cross sections will be used to identify size and locations of cut and fill slopes, potential impacts to right of way and utilities, and possible areas for retaining walls. Page 4 of 7 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 22 of 44 7.4 Drainage Report - The CONSULTANT will prepare a Drainage Report, in accordance with the most current Department of Ecology Manual. 7.5 Engineer's Estimate - The CONSULTANT will identify standard and non- standard bid items, and will provide itemized quantity calculations for all contract bid items. An engineer's estimate of construction costs will be prepared. 7.6 Contract Documents - The CONSULTANT will prepare project specifications. Specifications will follow the 2016 WSDOT /APWA Standard Specifications for Road, Bridge, and Municipal Construction. The CONSULTANT will prepare project- specific special provisions and incorporate relevant WSDOT General Special Provisions to specify work not covered in the Standard Specifications. Federal contract provisions, CITY bid documents, prevailing wage rates, and applicable standard plans will be added. The CITY will provide bid documents required for use in the specifications. Specifications will be prepared in Microsoft Word format. The CONSULTANT will send the 90% Design to the CITY and WSDOT Local Programs for review and comment. 8.0 100% DESIGN The CONSULTANT will update the project design to the 100 percent complete stage. The CONSULTANT will complete the following tasks: 8.1 100% Plans - The CONSULTANT will address CITY and WSDOT Local Programs comments from the 90% review, and advance the plans to the 100% complete stage. 8.2 Final Cross Sections - The CONSULTANT will address CITY comments from the 90% review, and advance the Cross Sections to the 100% complete stage. 8.3 Final Drainage Report -The CONSULTANT will address CITY comments from the 90% review, and update the drainage report based on the 100% design. 8.4 100% Cost Estimate - The CONSULTANT will address CITY and WSDOT Local Programs comments from the 90% review, and update the cost estimate based on the 100% Plans, 8.5 100% Contract Documents - The CONSULTANT will address CITY and WSDOT Local Programs comments from the 90% review, and advance the Contract Documents to the 100% complete stage. 8.6 Comment Response - The CONSULTANT will review the CITY's 90% review comments, and prepare responses to all comments. The CONSULTANT will transmit a PDF copy of the 100% Plans, Specifications, and Estimate to the CITY and WSDOT Local Programs for a final review. The CONSULTANT will provide hard copies of the Final Drainage Report and Final Cross Sections. 9.0 FINAL DESIGN PLANS, SPECIFICATIONS AND ESTIMATES (PS &E) Based on the CITY's review of the 100% Plans, the CONSULTANT will produce a final set of Bid -Ready Plans, Specifications, and Cost Estimate. The CONSULTANT will complete the following tasks: 9.1 Final Plans - The CONSULTANT will address CITY and WSDOT Local Programs comments from the 100% review, and finalize the plans for bid advertisement. Page 5 of 7 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 23 of 44 9.2 Final Cost Estimate - The CONSULTANT will address CITY and WSDOT Local Programs comments from the 100% review, and finalize the cost estimate for bid advertisement. 9.3 Final Contract Documents - The CONSULTANT will address CITY and WSDOT Local Programs comments from the 100% review, and finalize the contract documents for bid advertisement. Final Plans and Specifications will be provided in electronic (Word, PDF and AutoCAD) format, and in hard copy format. The CITY will upload the plans and specifications to Builder's Exchange for distribution to Contractors. ASSUMPTIONS 1) The project design will be completed within seven (7) months of the signed notice to proceed. 2) One (1) Invoice /Progress Report will be prepared per month. 3) The CONSULTANT will prepare construction plans in AutoCAD Civil 3D 2014 format. 4) The roadway and sidewalk section will be designed based on CITY standards. 5) The CITY will provide contact information for all utilities located within the project limits. 6) The project will not require additional right -of -way or permanent easement. 7) The CITY will distribute Contract Documents via Builder's Exchange. DELIVERABLES 1) Project Management a. Invoice /Progress Report —1 copy per month (7 total) b. Meeting Minutes— 1 copy via email. 2) Topographic Survey /Basemap 3) Preliminary Plans and Design Memorandum — 5 copies 4) Draft and final ECS with discipline reports 5) 90% Design a. 90% Plans — 2 full size (22" x 34 ") copies b. 90% Plans — 3 half -size (11" x 17 ") copies c. 90% Cross Sections — 5 copies (11" x 17 ") d. 90% Estimate — 5 copies e. 90% Specifications — 5 copies f. 90% Drainage Report — 5 copies 6) 100% Design a. 100% Plans— 1 electronic copy (PDF) b. Final Cross Sections —1 copy c. Final Drainage Report —1 copy d. 100% Cost Estimate —1 electronic copy (PDF) e. 100% Specifications —1 electronic copy (PDF) f. Comment Response —1 copy (Excel) 7) Final Design a. Final Signed Plans —1 electronic copy (PDF) b. Final Signed Plans — 1 full size (22" x 34 ") copies c. Final Signed Plans — 5 half size (11" x 17 ") copies d. Final Cost Estimate — 1 copy e. Final Specifications— 1 electronic copy (PDF) Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 24 of 44 f. Final Specifications — 7 hard copies SCHEDULE FOR COMPLETION The CONSULTANT will begin work upon the CITY issuing a notice -to- proceed. The consultant will proceed with environmental, survey and geotechnical review under the restriction of limiting the spending to $20,000.00 until January 2018. OPTIONAL SERVICES Upon written approval by the CITY, the CONSULTANT will provide engineering services beyond this Scope of Work. Services may include additional meetings, adding additional or increasing the existing design tasks, right -of -way acquisition services, construction management and inspection services, geotechnical services, or other work deemed necessary by the CITY. Such work will be specified in a written supplement to this agreement, which will establish the scope and costs. Page 7 of 7 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 25 of 44 OBE Participation . .... . . . ....... ............... HWA GeoSciences, I DBA HWA GeoSciences, Inc. Certification D::.: 4• UDBE Yes, SBE Yes UBI #600404388 Agruenient NwT6�.,,r: WSDOT Form 140-089 EF Exhibit B Page I of 1 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 26 of 44 017=- AVOUS, M7N=M#TM7Cf!c-Tjet1cj', as1a)r)=1 T, is 1* p f f i f 4 101 to use in preparing electronic files for transmission to the agency. The format and standards to be provided may mclude, but are not limited to, the following: 9 MM Agreement Numbei g INSDOT Form 140-089 EF Exhibit C Page I of 4 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 27 of 44 Iiiiiiiiiiiiiii "Ili I ENRON IF I lil iiiiiiiiiiiii Hill illEizs= '' �IIIIIOI IMMM Agreement NUM110E IT Form 140-089 EF Exhibit C Page 2 of 4 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 28 of 44 wqa' •_ WSOOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 29 of 44 A. Agency Software Suite B. E]eotnxuiu Messaging System C. File Transfers Foonn1 M/8DOr Form Y4U+789EFExhibit C Page 4mf4 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 30 of 44 Exhibit D Prime Consultant Cost Computations See Attached Exhibit D - Consultant Fee Estimate AgueeTrient Number: WSDOT Form 140 -089 EF Exhibit D Page 1 of 1 Revised 1013012014 Ag..d. It— Sb Fart Stevens Elementary P.d.,t— Improvements - Professional S.,,.., Ag--t V P.cft, Inc. P.g. 31 af44 s2l - Nis .... .... ... ... ar IL . ...... ... .... — Ig ----------- . . . . ...... . . .... . .. . . ........ . . . . ... . .. to Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 32 of 44 Sub-consultant Cost Computations The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY Refer to section VI "Sub-Contracting" of this AGREEMENT. Subconsultant under this agreement: lo Agi°cernent Number: wsoor Form 140-089 EF Exhibit E Page I of I Revised 1013012014 Ag..d. It— Sb Fart Stevens Elementary P.d.,t— Improvements - Professional S.,,.., Ag--t V P.cft, Inc. P.g. 33 of 44 ff A Z 3 q Ix ti - - - - - - - - - - - - - tx -- - -- --- ---- . . ........ . . — .... ..... . . . . . ..... . . 4L Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 34 of 44 F Title V1 Assurance, During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1, Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to no discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulation, Part 2 1, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS' which are herein r.• y reference and made a part of this AGREEMENT. I 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FFIWA may determine to be appropriate, including, but not limited to: - Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; . Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation • Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and ]cases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or Procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter Into Such litigation to protect the interests of the United States. Agreement Number: tr INSDOT Form 140-089 EF Exhibit F Page I of I Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 35 of 44 Exhibit G Certification Documents Exhibit G- I (a) Certification of Consultant Exhibit G - I(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit C -4 Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140 -089 EF Exhibit G Page 1 of 1 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 36 of 44 I hereby certify that I am the and duly authorized representative of the firm of WHPacific, Inc whose address is 12 100 NE 195th Street, Bothell, WA 98011 and that neither the above finn nor I have: a) Employed • retained for a commission, percentage, brokerage, contingent fee, or other consideration, § any firm or person (other than a bona fide employee working solely for me • the above CONSULTANJ to solicit or secure this AGREEMENT; I acknowledge that this certificate is to be furnished to the City of Yelm and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil, RTAV19�� Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Nutuber: WS00'r Form 140-089 EF Exhibit G Page 1 of I Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 37 of 44 Exhibit G-1 (b) Certification • City of Yelm I hereby certify that I am the: 10 WOMI 'ME or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department • Transportation, in connection with this Federal laws, both criminal and civil. WSOO T Form 140-089 EF Exhibit G Revised 1013012014 11mr- Agreement Nutnbcr: 9�,ill Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page aaor44 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions [ The prospective primary participant certifies ou the best uf its knowledge and belief, that it and its principals: A. Are not presently debarrcd, suspended, proposed for debarment, declared 'ineligible, or voluntarily excluded from covered transactions hy any Federal department oragency; B. Huvc not within u three (3) year period preceding this prmpuem1 been convicted ofor had u civil judgment rendered against them for commission of fraud uracnonimmlufreaseiu connection will) obrainiog, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under o public transaction; violation ofFederal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, EuloiOuudon or destruction of records, making false statements, or receiving stolen property; C. Are not p iud�todfor orotherwise oru��h/ charged bva entity (FcdccnL8<utu,' local) with commission o[ any of the offenses enumerated iu paragraph (\)(o) or nf this certification; and D. Have not within u three (3) year period preceding this application / proposal had one or more public truoaaoLiouo (Federal, State and local) terminated for cause ocdefault. D. Where the prospective primary participant {munable to certify to any of the statements io this certification, such prospective participant shall attach an explanation to this proposal. WB9acific,bnc Consultant (Firm Name) Signature (Authorized Official ofConsultant) Date WSaDOT Form Y4oempEFexm� �G Page YpfI Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page aoor44 2. If any ftinds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Fonn - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. was made or ontered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,, Title 3 1, U.S. Code. Any person who fails to file the required 0 and not more than $ 100 000 - 00 for each such failure. The prospective participant also agrees hv submitting his or her bid or proposal that heor she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Offioia|ofConsultant) Date KvSDO T Form 140-089 EF Exhibit Page /mr/ Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 40 of 44 IUMH A IMIUMM"41916 eitTer actually or by SpMeci Mctdentitication in wriMulngg, Ithe LonCractmgW'rflCCr Or LO L11C 1_007111TUCI - 4, C representative in support of Ft Stevens Elementary Ped. Improvments * are accurate, complete, and current as of 6/16/t7 This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricL%W rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: WHPacific. Inc 10 '111dennfy ¢pte Vroposall, (JuWaLuon' requesd fi)r Pfich- g a4tLNhT1[e111A, Or 001CI4111)flliSSbOil ilIVONCLI, 010 approp6ate idejwif iing, mumbei (e pfojeet fid ) **I[nse,irt flue (huy, mondi, and year, when p6ce negoI6.nons were conduded ar d p6ce AGR13'1.M...,,N'T was rcached, tdw day, nwnffi. and yew, ofi�gning, whdi sfioukl d)e ,is (Jose as praoCaWe to ffic daa:e wlwn die pfice negofia6cins weire conduded aind Che cuil'011ad prirx wm agreed to, Agreeniejrjll Ntiirn[)er� WSDOT Form 140-089 EF Exhibit G Page I of I Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 41 of 44 W_717fmi Alleged Consultant Design Error Procedures Step 4 Attempt to R D esolve Alleged esign Error with Consultant After the meeting(s) with the consultant have been compteted regarding the consultant's alleged design error(s), there are three possible scenarios: Agreetnent Nuinit)er� WSDOT Form 140-089 EF Exhibit I Page I of 2 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 42 of 44 • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement NuirrA)er: WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements - Professional Services Agreement- WHPacific, Inc. Page 43 of 44 Consultant o purpose The procedure regarding consultant procedures should be 1: of i 1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of that total $ 1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with a Agency Project Manager If the consultant determines that they were requested to perform additional were outside of the agreement's scope of ., to a claim. The first step that must be p , is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation If the Agency does not agree with the consultant's claim, proceed to - 3 of the procedures. l��irt�a�rvu�.K�a P�6a.uut�fla�°fl -: WSDOT Form 140 -089 EF Exhibit J Page 1 of 2 Revised 1013012014 Agenda Item 8b Fort Stevens Elementary Pedestrian Improvements-Professional Services Agreement-WH Pacific, Inc. Page 44 of 44 I • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. 1 11111!11 111111 111 1 The Director of Public Works or Agency Engineer shall review and administratively approve or disappro the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the clal is riot eligible for federal participation, payment will need to be from agency funds. I The Director of Pub] ic Works • Agency Engineer shall notify (in writing) the consultant oftheir firiml decision regarding the consultant's claim(s). Include the final dollar amount of the accepted clailTni(s and rationale utilized for the decision. I Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 'k,"Treemen't Nurnbe'r WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 1013012014 n 8c Ordinance No. 1023, State licensed marijuana retailers to reduce buffers to 700 feet except for elementary and secondary schools, and playgrounds Page 1 of 3 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Tami Merriman, Associate Planner Grant Beck, Community Development Director Date: June 16, 2017 (for June 27, 2017, City Council Meeting) Subj: Ordinance 1023 Background On June 13, 2017 City Council updated Title 18 YMC Unified Development Code which removed specific buffers for marijuana retailers from the zoning code. A city is given authority by Section 69.50.331(8)(b) RCW to permit the licensing of marijuana premises within one thousand feet but not less than one hundred feet of the facilities described in Section 69.50.331(8)(a) RCW, except elementary schools, secondary schools, and playgrounds, which must remain at not less than one thousand feet of the perimeter of the grounds of such uses, by enacting an ordinance authorizing such distance reduction. Council Options The Council has the option to: Adopt Ordinance 1023 relating to state licensed marijuana retailers to reduce buffers to 700 feet, except for elementary and secondary schools, and playgrounds. Adopt Ordinance 1023 relating to state licensed marijuana retailers to reduce buffers to 100 to 900 feet, except for elementary and secondary schools, and playgrounds. Take no action, leaving the buffer. Page 1 of 1 n 8c Ordinance No. 1023, State licensed marijuana retailers to reduce buffers to 700 feet except for elementary and secondary schools, and playgrounds Page 2 of 3 CITY OF YELM ORDINANCE NO. 1023 AN ORDINANCE of the City of Yelm relating to state licensed marijuana retailers to reduce buffers to 700 feet except for elementary and secondary schools, and playgrounds. WHEREAS, the City of Yelm updated Title 18 YMC Unified Development Code on June 13, 2017; and WHEREAS, Section 69.50.331(8)(a) RCW provides that the state liquor and cannabis board may not issue a license for any marijuana retail premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty -one years or older; and WHEREAS, a city is given authority by Section 69.50.331(8)(b) RCW to permit the licensing of marijuana premises within one thousand feet but not less than one hundred feet of the facilities described in Section 69.50.331(8)(a) RCW, except elementary schools, secondary schools, and playgrounds, which must remain at not less than one thousand feet of the perimeter of the grounds of such uses, by enacting an ordinance authorizing such distance reduction, provided that such distance reduction will not negatively impact the jurisdiction's civil regulatory enforcement, criminal law enforcement interests, public safety, or public health; and WHEREAS, with the exception required by state statute for elementary schools, secondary schools, and playgrounds, the City Council finds that reduction of the one thousand foot buffer from the uses set forth in Section 69.50.331(8)(a) RCW to seven hundred feet is appropriate; and WHEREAS, a marijuana retailer licensed by the State of Washington Liquor and Cannabis Board shall be required to comply with all applicable regulations established by the City including, but not limited to, all building and fire code regulations and zoning regulations and shall be required to provide a copy of the state - issued license to the City upon request. A marijuana retailer licensed by the State of Washington Liquor and Cannabis Board shall also be required to comply with all applicable state regulations and all requirements set forth in the state - issued license; and NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: No state licensed marijuana retailer shall be permitted within seven hundred feet of the perimeter of the grounds of a recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons n 8c Ordinance No. 1023, State licensed marijuana retailers to reduce buffers to 700 feet except for elementary and secondary schools, and playgrounds Page 3 of 3 aged twenty -one years or older, with the exception of elementary schools, secondary schools, and playgrounds, for which uses the distance shall remain at one thousand feet. This Ordinance shall be in full force and effect and after its passage, approval, and publication as provided by law. PASSED by the City Council of Yelm this 27th Day of June, 2017. JW Foster, Mayor Authenticated: Lori Mossman, City Clerk PUBLISHED: Nisqually Valley News, July 7, 2017 EFFECTIVE DATE: July 12, 2017 News Release FOR IMMEDIATE RELEASE: Friday, June 16, 2017 PRIMARY CONTACT: Mary Hall, .i..l��it °Q CO.th Uir °ston.W« .LIS (360) 786 -5408 Agenda Item 13 Correspondence Page 2 of 2 UP 1 9 s. Ballots Mailed to Military and Overseas Voters for the August 1 Primary Election Olympia, WA — The Thurston County Auditor's Elections Division mailed 4,068 Primary Election ballots to military and overseas voters registered in Thurston County. Federal law requires we mail ballots 45 days in advance of Election Day to provide these voters with ample time to vote and return their ballot in case they are deployed. Ballot declarations must be signed and dated by Election Day or received via email or fax by 8:00 p.m. Pacific Time on Election Night. For those not in the military, we will mail your ballot on July 12, 20 days before Election Day. Races on the ballot include City Council members in the cities of Lacey, Olympia, and Tumwater, and school district directors for the Olympia and Tumwater school districts. "These local races impact families living in our community. The Local Voters' Pamphlet is a great resource to read up on the candidates. I encourage voters to use this as a tool when casting their vote," states Auditor Mary Hall. Voters who have not received a ballot by Wednesday, July 12, 2017 should contact the Elections Division at (360) 786 -5408 for a replacement ballot. Elections 2000 Lakeridge Dr SW, Bldg 1, Rm 118 Olympia, WA, 98502 Phone: (360) 786-5408 Fax: (360) 786 -5223 -30- Ballot Processing Center 2905 29th Avenue SW, Ste E & F Tumwater, WA 98512 Phone: (360) 786 -5408 Fax: (360) 705 -3518 11121 "M 11111 1 Olympia, * 1 Phone: 0 4 1 4 Deaf & Hard -of- Hearing: Washington Relay 711 Licensing . .00 ak I+ D R 0 Olympia, li 98502 Licensing Phone: 0 4 Recording Phone: 0 4 (360) 786-5223