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07 11 2017 Agenda Packet 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. 2. 3. 4. Proposed Convention District-Ramiro Chavez, Thurston County Manager Please complete a blue 5. 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. Regular meeting June 27, 2017 a. Checks # b. c. Confirmation of Planning Commission Appointment-Benjamin DeLora st d. Professional Services Agreement-Yelm Avenue/1 Street (SR507) Corridor Study st e. City Park Request- 1 Annual Jazz Festival, Saturday, August 5, 2017, 2:00 pm-midnight, Community-wide event 7. - Resolution No. 578, 2018-2023 Six Year Transportation Improvement Plan 8. a. Presenter: Maryanne Zukowski, Public Works Manager Attachments: Staff Report, Resolution No. 578 b. Presenter: Maryanne Zukowski, Public Works Manager Attachments: Staff Report, Agreement c. Presenter: Noah Crocker, Finance Director Attachments: Staff Report, Ordinance No. 1024 d. Presenter: Noah Crocker, Finance Director Attachments: Staff Report,Ordinance No. 1025 none scheduled 9. 10. 11. represents Yelm on the following committees. Thurston County Solid Waste Yelm Finance Department Advisory Committee (SWAC) Committee Yelm Public Safety Committee Authority Liaison represents Yelm on the following committees. Intercity Transit Board Yelm Finance Department Committee Yelm Community & Economic Development Committee represents Yelm on the following committees. Yelm Community & Economic Development Committee represents Yelm on the following committees. Thurston County EDC Board Yelm Finance Department Committee Yelm Public Safety Committee represents Yelm on the following committees. Thurston Regional Planning Yelm Public Works Committee Transportation Council (TRPC) TComm 911 Admin Board 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 represents Yelm on the following committees. Thurston County EMS-Medic Yelm Emergency Operations OneBoard Yelm Public Works Committee represents Yelm on the following committees. Yelm Community & Economic Yelm Finance Department Development CommitteeCommittee Yelm Public Works Committee Thurston Regional Planning Yelm Emergency Operations CouncilBoard South Sound Military and Nisqually River Council Community Partnership Community Investment Partnership (CIP) 12. no session scheduled 13. (Correspondence is available upon request) Yelm Area Chamber of Commerce--July 2017 Press Release -Olympia Harbor Days Tugboat Races & Festival, September 1-3, Olympia Waterfront 14. Council Study Session, Tuesday, July 11, 2017 following the Regular Council Meeting Regular City Council Meeting, Tuesday, July 25, 2017, 6:00 pm, Public Safety Building Council Study Session, Tuesday, August 1, 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. 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.yelmwa.govFor information on the Americans with Disabilities Act and the Title VI Statement, click this link http://www.ci.yelm.wa.us/human-resources/. Agenda Item 6a Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 27, 2017 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 pm. 2. Roll Call Present: EJ Curry, Molly Carmody, Jennifer Littlefield, Tad Stillwell, Tracey Wood, Joe DePinto and Russ Hendrickson. 3. Agenda Approval 17-170 MOTION BY TRACEY WOOD APPROVING THE AGENDA WITH THE AMENDMENT TO 8c. TO READ ORDINANCE NO. 1023, STATE LICENSED MARIJUANA RETAILERS TO REDUCE BUFFERS TO 700 FEET EXCEPT FOR ELEMENTARY AND SECONDARY SCHOOLS, AND PLAYGROUNDS. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 4. Special Presentations- Student of the Year- Nolan Lyle Mayor Foster Council congratulated Nolan and took a group photo. 5. Public Comment- Tim Scharett from Mattress Ranch introduced himself and is looking forward to doing business in the City of Yelm. Michael Wager from the Nisqually Valley News introduced the new reporter, Drew Kohler. Drew will be covering the Council meetings for the newspaper. Mr. Wager invited the Mayor and Council to the Relay for Life Golf Tournament and the Yelm Chamber after Hours event. Christine Hoffman, Puget Sound Energy gave an update on the recent promotion of LED giveaways in Yelm. 6. Consent Agenda a. Minutes Regular meeting June 13, 2017. b. Payables Checks #69174 - #69250 Totaling $278,114.86. th c. City Park Request- Prairie Street Rod Association (PSRA) 30 Annual Car Show, August 5 & 6, 2017, Community Wide Event 17-171 MOTION BY RUSS HENDRICKSON TO APPROVE THE CONSENT AGENDA. SECONDED BY EJ CURRY. MOTION CARRIED. 7. Public Hearing none scheduled 8. New Business a. 2017 Emergency Pavement Repair Project-TIB Grant Agreement 17-172 MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN AND EXECUTE THE TIB FUEL TAX AGREEMENT WHEREBY ENTERING INTO AN AGREEMENT WITH TIB TO MUTUALLY FUND THE 2017 EMERGENCY 6-27-17 Agenda Item 6a Minutes Page 2 of 3 PAVEMENT REPAIR PROJECT-VARIOUS LOCATIONS. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. b. Fort Stevens Elementary Pedestrian Improvements-Professional S Agreement-WHPacific, Inc. 17-173 MOTION BY JOE DEPINTO THAT UPON APPROVAL FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT), AUTHORIZE MAYOR FOSTER TO SIGN AND EXECUTE THE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN/ENVIRONMENTAL SERVICES FOR FORT STEVENS ELEMENTARY-PEDESTRIAN IMPROVEMENTS. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. c. Ordinance No. 1023, Updating Title 18 YMC Unified Development Co which removed specific buffers for Marijuana Retailers from the Code. 17-174 MOTION BY JOE DEPINTO ADOPTING ORDINANCE NO. 1023 RELATING TO STATE LICENSED MARIJUANA RETAILERS TO REDUCE THE BUFFERS TO 700 FEET, EXCEPT FOR ELEMENTARY AND SECONDARY SCHOOLS, AND PLAYGROUNDS. SECONDED BY TRACEY WOOD. DISCUSSION FOLLOWED. MOTION BY JOE DEPINTO TO END THE DISCUSSION. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. PREVIOUS MOTION TO ADOPT ORDINANCE NO. 1023 CARRIED. OPPOSED COUNCILMEMBERS- LITTLEFIELD, STILLWELL AND HENDRICKSON. 10. Department Updates- Michael Grayum updated the Council on the following: Invite Thurston County Commissioners to the next Study Session to discuss the multipurpose taxing district they would like to create. Highlights from the Lean Management process and continuous improvement. Prairie Days Parade was a successful event and thank you to the Public Works and Police departments for their hard work. Economic Summit event was a packed house. The Public Hearing on the proposed Parks Plan had a very low attendance. Council will hold a Public Hearing on July 25, 2017. are required to attend training on the Open Public Meetings Act and the Public Records Act. Future trainings on Land Use and Parliamentary Procedures. Vendors and support for riders at the Yelm Community Center for the Seattle to Portland Bicycle event on July 15, 2017. Public Works Director Chad Bedlington updated Council on the Reclaimed Water Facility. The City is not producing reclaimed water at this time due to issues at the facility. 11. Mayor and Council Initiatives Councilmember Curry attended the Citizens for School Bond kickoff. Councilmember Carmody attended the Yelm Finance Committee meeting. 6-27-17 Agenda Item 6a Minutes Page 3 of 3 Councilmember Littlefield attended the Thurston Thrives Coordinating Committee meeting. Councilmember Stillwell attended the Lean Manageme like to discuss the Plastic Bag Ban and a new different Memorial at the City Park at a future Study Session. Councilmember Wood attended the Citizens for School Bond Kickoff, Thurston Regional Planning Transportation Council and the Prairie Days festivities. Councilmember DePinto attended the Association of Washington Cities Conference in Vancouver, WA. Councilmember DePinto will meet with Chad to discuss installing speed bumps to a dead end public road. Councilmember Hendrickson attended the Medic One meeting and Prairie Days events. Mayor Foster attended the Flag Day Ceremony at the Memorial in the City Park (thanked those that participated). Mayor Foster thanked Councilmember Carmody for bringing the STP (Seattle to Portland Bicycle race) stop at the City Park and thanked the Boy Scout Troop that kept the City Park clean during the Prairie Days events. Thurston County Chamber, AWC Conference, Nisqually River Council meeting, Prairie Days Festivities (the Yelm Chamber did an amazing job with the parade), and the breakfast at the Yelm Community Center, and Seasonal workers started last week. 12. Executive Session no session scheduled. 13. Correspondence included Yelm Election Precincts Map for 2017 Thurston County Auditor News-Ballots mailed to Military and Overseas Voters for August 1 Primary Election. Thurston Regional Planning Council Pre-Agenda Friday, July 7, 2017, 8:30-11:00 am Chamber of Commerce After Hours Open House, Thursday, June 29, 2017 5:07 7:30 pm 17-175 MOTION BY TRACEY WOOD TO ADJOURN, SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 14. Adjourned 7:36 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. 6-27-17 Agenda Item 6c Confirmation of Planning Commission Appointment-Benjamin DeLora Page 1 of 1 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 1 of 52 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Grant Beck, Community & Economic Development Director Date: June 28 (for July 11 City Council Meeting) Subj: Professional Services Agreement - Yelm Avenue/1st Street (SR 507) Corridor Study Recommendation Authorize Mayor Foster to execute a Professional Services Agreem Inc. for the preparation of a corridor study for Yelm Avenue and the agreement by the WashingtonState Department of Transportation. Background Yelm secured a Surface Transportation Program grant for the prep corridor study. The study will be a multi-modal planning project to balance the Yelm Avenue/1st Street (SR 507) corridor's character as a main street project will study strategies to promote economic development op traffic safety and mobility for pedestrians, cyclists, and trans community will be heavily engaged in preparing the study. Shea, Carr & Jewell, Inc. was the only firm which responded to t and was determined to be qualified to complete the project. The and is already budgeted. The costs are covered by the grant ($7 allocated from the Street Fund ($11,948). Current Situation The Council should authorize the professional services agreement Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 2 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 3 of 52 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 2 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 4 of 52 be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. Preparation and Delivery of Electronic Engineering and other Data.” by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of 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. If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV. Time for Beginning and Completion 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 conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must 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 delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the completion time. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 3 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 5 of 52 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, negotiated hourly rates shown in Exhibits “D” and “E” attached hereto and by reference made part of this acknowledgement shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted will remain in effect for the twelve (12) month period. applicable for the twelve (12) month period. of the AGREEMENT. under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional acknowledgement. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 4 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 6 of 52 B. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the Air, train and rental card costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) C. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. D. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. The monthly billings shall be supported by detailed statements for hours expended at the rates the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. E. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time F. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 5 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 7 of 52 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. consultant cost estimate unless a prior written approval has been issued by the AGENCY. shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable termination of this AGREEMENT or such other remedy as the recipient deems appropriate. The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made 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 full- 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 AGREEMENT, 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. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 6 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 8 of 52 VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 et. seq.) • 49 CFR Part 21 • 49 CFR Part 26 et. seq.) 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 or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this 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 amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 7 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 9 of 52 CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY 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.” XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 8 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 10 of 52 the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their the STATE and /or the AGENCY may be legally liable; and provided further that if the claims or suits are caused sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. 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 any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. RCW. This waiver has been mutually negotiated by the Parties. construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise Commissioner pursuant to Title 48 RCW. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 9 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 11 of 52 Insurance Coverage aggregate for each policy period. limit for each occurrence. consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the third parties be limited in any way. 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 AGREEMENT, or otherwise in law. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 10 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 12 of 52 XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise and shall modify this AGREEMENT accordingly. payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties 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. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 11 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 13 of 52 XVIII. Execution and Acceptance 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, submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt and AGENCY security data, or information which may jeopardize any part of the project that relates to any of information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and be subject to inspection, review, or audit upon reasonable notice from the AGENCY. investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 12 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 14 of 52 and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the 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. Agreement Number: Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreement Page 13 of 14 Revised 4/10/2015 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 15 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 16 of 52 Exhibit A Scope of Work Project No. Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 17 of 52 Scope of Work Yelm Avenue/1 Street (SR 507) Corridor Study st for Yelm, Washington Project Initiation Strategy and Concepts Development 8730 Tallon Lane NE, Suite 200 | Lacey, WA 98516 | 360.352.1465 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 18 of 52 o o o o Corridor Plan o o o o o o o o o Project Management 8730 Tallon Lane NE, Suite 200 | Lacey, WA 98516 | 360.352.1465 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 19 of 52 Exhibit B DBE Participation Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 20 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 21 of 52 Exhibit C In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 22 of 52 E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 23 of 52 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 24 of 52 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 25 of 52 Exhibit D Prime Consultant Cost Computations Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 26 of 52 1 of 36/21/2017 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 27 of 52 2 of 36/21/2017 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 28 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 29 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 30 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 31 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 32 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 33 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 34 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 35 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 36 of 52 Exhibit E Sub-consultant Cost Computations the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 37 of 52 Subconsultant Fee Determination - Summary Sheet (Mandatory when Subconsultants are utilized) Project: Sub Consultant: Direct Salary Cost : (DSC) ClassificationMan HoursRate=Cost X $ X X X X X X X X Total DSC $ = Overhead: (OH Cost -- including Salary Additives) OH Rate x DSC of% x $= Fixed Fee : (FF) FF Rate x DSC of % x $= Reimbursables: Itemized= SubConsultant Total = Prime Mark-Up % X = Grand Total = Prepared By:Date: DOT Form 140-089 EF Exhibit G-1 Revised 8/07 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 38 of 52 Subconsultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Subconsultant HourlyOverheadProfitRate Discipline or Job TitleRate@ %@ %Per Hour DOT140-089 EF Exhibit E-2 8/07 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 39 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 40 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 41 of 52 Exhibit F Title VI Assurances 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 non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. either by competitive bidding or negotiations made by the CONSULTANT for work to be performed this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA 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 of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through 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, the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 42 of 52 Exhibit G Exhibit G-1(a) CityofYelm,Washington Exhibit G-1(b) Exhibit G-2 Primary Covered Transactions Exhibit G-4 Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 43 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 44 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 45 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 46 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 47 of 52 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 48 of 52 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased and Insurance of this Agreement is amended to $. The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $. Such insurance coverage shall be evidenced by one of the following methods: Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment those funds. to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional . • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. Agreement Number: WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 49 of 52 Exhibit I Alleged Consultant Design Error Procedures nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 50 of 52 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs 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 Number: WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 51 of 52 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs backup documentation to the consultant to either supplement the agreement, or create a new agreement the agreement is subject to audit. No further action in needed regarding the claim procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Agenda Item 6d PSA -Yelm Ave/1st St. Corridor Study Page 52 of 52 for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Any correspondence that directed the consultant to perform the additional work; with the additional work; claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove 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 is not eligible for federal participation, payment will need to be from agency funds. and rationale utilized for the decision. The agency shall write the supplement and/or new agreement and pay the consultant the amount Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 Agenda Item 6e City Park Request Page 1 of 2 Agenda Item 6e City Park Request Page 2 of 2 Agenda Item 7 Public Hearing Notice for Resolution No. 578 Page 1 of 2 /z·ä šE —;Œ’ tÒ,Œz- ‘š©‰­ 5;¦©·’;“· Physical Address: 901 Rhoton Road SE Mailing Address: 105 Yelm Ave West Yelm, WA 98597 (360) 458-8406 Fax: (360) 458-8417 Web: www.ci.yelm.wa.us The hearing is scheduled for on and will take place in Council Chambers at the Yelm Public Safety Building, 206 McKenzie Street SE. For additional information, please contact Maryanne Zukowski, PE at 360.458.8499. Written comments will be received up to the close of the public hearing. Written comments may be submitted at the hearing, or may be mailed City of Yelm, and 105 Yelm Ave West, Yelm WA 98597. The City of Yelm in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) commits to nondiscrimination on the basis of disability, in all its programs and activities. The City of Yelm, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. More information can be found on our website http://www.ci.yelm.wa.us/human-resources/ Lori Mossman, City Clerk th Published: Nisqually Valley News, June 30, 2017 Agenda Item 7 Public Hearing Notice for Resolution No. 578 Page 2 of 2 Distribution: City Council Packets: Mayor: JW Foster Councilmembers: EJ Curry Molly Carmody Jennifer Littlefield Tad Stillwell Tracey Wood Joe DePinto Russ Hendrickson Newspaper of Record Nisqually Valley News Posted Yelm City Hall Yelm Timberland Library Agenda Item 8a Resolution No. 578 6 Year TIP Page 1 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 2 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 3 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 4 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 5 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 6 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 7 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP Page 8 of 22 Agenda Item 8a Resolution No. 578 6 Year TIP 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Item 8b PSA -Parametrix for Design and Environmental Page 58 of 59 Agenda Item 8b PSA -Parametrix for Design and Environmental Page 59 of 59 Agenda Item 8c Ordinance No. 1024 Senior Disabled rates Page 1 of 3 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Noah Crocker Date: 6/30/2017 COUNCIL MEETING 7/11/2017 Subj: ORDINANCE NO. 1024 Senior/Disabled reduced residential ut w;-š’’;“7·zš“ Adopt Ordinance No. 1024 amending Yelm Municipal Code Title 13.0 Methodology for Senior Citizen and Permanently Disabled Utility This ordinance enables the City to benefit from operational efficiencies by app Additionally, it empowers and directs the execution of the incom a matter of management and routine operations. .-‰m©šÒ“7 The rate reduction for Senior / Disabled head of household was e 13.04.310. This requires the applicant to be 65 years of age or exceed the median income established by resolution of city counc /Ò©©;“· {z·Ò·zš“ The City uses the standard methodology in resolution 542 (YMC 13 income level allowed to qualify for the discounted utility rates new income levels are brought to council in a resolution which s dollar amount of the income for level at that period of time. The current process creates barriers and extra processes which delays cities execution of ro Page 1 of 1 Agenda Item 8c Ordinance No. 1024 Senior Disabled rates Page 2 of 3 CITY OF YELM ORDINANCE NO. 1024 AN ORDINANCE amending Yelm Municipal Code Title 13.04.310, by changing the title of Section 13.04.310 and adding subsection C. Methodology for Senior Citizen and Permanently Disabled Utility Rate Reduction. WHEREAS, the City would benefit from clarifying the title of Section 13.04.310. WHEREAS, Resolution 542 established the methodology for setting income levels for senior citizens and permanently disabled heads of household; and WHEREAS, the City would benefit from operational efficiencies by adding written policy directing the execution of the income level adjustment to be completed as a matter of management and routine operations; Section 1. The Title of Section 13.04.310 is amended to Rate reduction-Eligibility and Methodology, to the Yelm Municipal Code. Section 2. 13.04.310 is amended as follows: A. To be eligible for the water service charge reduction set forth in YMC 13.04.300, a subscriber shall: 1. Be a single person, 65 years of age or older, who is retired and whose income from all sources whatsoever does not exceed the median income as established or amended by resolution of the city council meets the qualifications as set forth in 13.04.310.B; 2. Be a couple where one partner is 65 years of age or older, whose income from all sources whatsoever does not exceed the median income as established or amended by resolution of the city council combined with the income of the partners meets the qualifications as set forth in 13.04.310.C; or 3. Be a permanently disabled head of household whose income from all sources whatsoever does not exceed the median income as established or amended by Agenda Item 8c Ordinance No. 1024 Senior Disabled rates Page 3 of 3 resolution of the city council and meets the qualifications as set forth in 13.04.310.C. B. ncludes all earnings, investment income such as dividends and interest, capital gains, benefits, social security benefits, pensions, disability payments, retirement pay and annuities, but does not include reimbursement for losses. C. Methodology for Senior Citizen and Permanently Disabled Utility Rate Reduction. 1. The qualifying income level for reduced senior citizen and permanently disabled heads of households utility rates shall be determined by averaging the following calculations and incorporating index adjustments annually to: 1) the current annual household income level as set by the Washington State Legislature for property tax relief; 2) 125% of the current Federal Poverty Level, and 3) the Thurston County very low-income figures as established by the U.S. Department of Housing and Urban Development. 2. The City, on a biennial basis, calculates the applicable maximum annual income levels in accordance with the methodology. _____________________________ JW FOSTER, Mayor Authenticated: ______________________________ LORI MOSSMAN, City Clerk PASSED AND APPROVED: July 11, 2017 PUBLISHED: Nisqually Valley News, July 21, 2017 EFFECTIVE: July 26, 2017 Agenda Item 8d Ordinance No. 1025 Utility Contracts Page 1 of 3 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Noah Crocker Date: 6/30/2017 COUNCIL MEETING 7/1/11/2017 Subj: ORDINANCE NO. 1025 Utility Contracts Recommendation Adopt Ordinance No. 1025 adding to the Yelm Municipal Code Title 13.04.285 Utility Contracts. Background The City of Yelm has traditionally offered utility contracts on occa when high water consumption has occurred resulting in large util. Current Situation The City doesn't have a written policy or approved code providing for the execution of Utility Contracts. The City would benefit from a clearly written policy and approval in the Yelm Code which authorizes and defines the parameters of when a utility co be used. Additionally, the City would benefit from the clear identificati contracts, thus, addressing the concern regarding the gift of pu Agenda Item 8d Ordinance No. 1025 Utility Contracts Page 2 of 3 CITY OF YELM ORDINANCE NO. 1025 AN ORDINANCE amending Yelm Municipal Code Title 13, by adding a new Subsection 13.04.285 addressing Utility contracts. WHEREAS, the City of Yelm has traditionally offered utility contracts on occasion or special circumstance when high water consumption has occurred resulting in large utility bills; and WHEREAS, a written policy would provide guidance an consistent application of utility contract arrangements; Section1. Adding subsection 13.04.285, Utility Contract, to the Yelm Municipal Code. (1) In cases of high water consumption as defined by the City Finance Department Policy, which results in a large utility bill making it difficult to pay the full amount of the current bill; the Finance Department ("Department") shall have the discretion, of reinstating or continuing service to a delinquent account upon receipt and department approval of a satisfactory deferred installment payment plan for the payment of the overdue amount. Notwithstanding the foregoing, the Department is under no obligation to enter into any installment plan with any customer who has not fully and satisfactorily complied with terms of any previous installment plan. (2) A deferred installment payment program shall be based upon a number of factors, including but not limited to: (a) The dollar amount of the delinquent account; (b) The time the bill has been owed; (d) The utility payment history of the customer; (e) Other relevant factors presented by the customer. Agenda Item 8d Ordinance No. 1025 Utility Contracts Page 3 of 3 (3) A deferral shall: (a) Be on such terms and may include such security (including recorded restrictive covenant or other security) as determined by the City Administrator that protects the payment of the fee; (b) Not exceed a period of deferral of more than one year, or sale of property, whichever occurs first; (c) Not include deferral of any costs of notices, publications, and other costs to the City (d) Include repayment in full with interest thereon at a rate of 2% computed annually on the unpaid balance as a prerequisite to enter into the contract. Interest calculated pursuant to this section shall not be compounded. _____________________________ JW FOSTER, Mayor Authenticated: ______________________________ LORI MOSSMAN, City Clerk PASSED AND APPROVED: July 11, 2017 PUBLISHED: Nisqually Valley News, July 21, 2017 EFFECTIVE: July 26, 2017 Agenda Item 13 Correspondence Page 1 of 7 Yelm Area Chamber of Commerce July 2017 What's Happening Upcoming Next Yelm Area Chamber of Commerce Events Forum & Luncheon July 11, 2017 July 7 11:30 am Yelm Area Chamber of Yelm Community Center Commerce Leads & $20 Members $25 Non-members Networking Group 12 pm Olympia Federal Savings This month's Forum Sponsored by July 11 Chamber Forum & Luncheon 11:30 am Yelm Community What's Happening at the Center Port of Olympia Sponsored by: South Puget Sound Habitat for Humanity About the Port Agenda Item 13 Correspondence Page 2 of 7 The mission of the Port of Olympia is to create economic opportunities by connecting Thurston County to the world by air, land and sea. The Port of Olympia has a proud history in July 14 Thurston County. It serves the community in a Activities Committee wide variety of ways, leading the way for many of 8:30 am the area's economic development efforts. Mr. Doug's Essentially one business with four divisions, the Port promotes economic development through its business operations and economic development tools, such as its four-county foreign trade zone. Land and infrastructure improvements are provided to encourage business development, and July 14 some areas, such as the Port Plaza, are earmarked Yelm Area Chamber of for recreation and public access. Commerce Leads & Networking Group 12 pm Olympia Federal Yelm Area Chamber of Savings Commerce Leads & Networking Group July 21 Yelm Area Chamber of Commerce Leads & Networking Group 12 pm Olympia Federal Leads groups are made up of individuals from Savings Group differentcategories of businesses. The object of each group is to build personal contacts throughout the community, an to assist each other in finding new sources of prospects and new avenues for business. The purpose of this group is to grow businesses exchanging qualified referrals with fellow members. July 27 Drive 5:07 Business Agenda Item 13 Correspondence Page 3 of 7 After Hours 5:07 pm WHEN Yelm Senior Center Fridays at noon WHERE July 28 Yelm Area Chamber of Olympia Federal Savings Commerce Leads & Networking Group NEED MORE DETAILS 12 pm Olympia Federal Call Line at 360-458-6608 or email Savings Group director@yelmchamber.com Visit our Events Calendar! Welcome New Members! June Membership Renewals Agenda Item 13 Correspondence Page 4 of 7 Freedom Recovery, LLC All-American Landscaping and Fence Senator Randi Becker JW Foster C&J Bookkeeping Prestige Senior 2017-2018 Visionary Members Living Rosemont Agenda Item 13 Correspondence Page 5 of 7 Thank you for your support and participation! www.yelmchamber.com Yelm Area Chamber of Commerce | 138 Prairie Park Lane | Yelm, WA Copyright © 2017. All Rights Reserved. Yelm Area Chamber of Commerce, PO Box 444, Yelm, WA 98597 Forward this email | Update Profile | About our service provider Sent by info@yelmchamber.com in collaboration with Try it free today Agenda Item 13 Correspondence Page 6 of 7 Press Release Olympia Harbor Days Tugboat Races & Festival For Immediate Release July 5, 2017 Contact: Carol Riley, Executive Director Phone: 360-556-0498 Email: info@HarborDays.com TUGBOAT RACES, SALMON, SAILING & SAND OLYMPIA HARBOR DAYS FILLS THE SOUTH SOUND WITH SUMMERS BEST th With less than 60 days to go, final plans are now being made for Edition of the award winning and free Olympia Harbor Days Tugboat Races and Festival, the South Sounds largest, September 1-3, Labor Day weekend. This year promises to be bette festival and host of the Wos Largest VinLucky Eagle Casino. Arts, crafts, commercial, non-profit and food booths wi broken only by buskers, musicians and the occasional juggler. Squaxin Island Tribe, proud title sponsor of the annual Olympia Kiwanis Club non-prof turn the Port of Olympia Plaza (near the Farmers Market) into th art of the Squaxin Island Tribe. The Tribes Little Creek Casino will offer a traditional Salmon Bake while a festival stage for music and performance featuring tribal drummi Percival Landing continues as home of the Main Music featuring nine area bands and musicians. Sail on a tall ship! Both the Lady Washington and the Hawaiian 30. On Friday, the historic Mosquito Fleet steamship, the Virginia V multiple excursions, including our Weekend Getaway aboard Virgin sails, and Tugboat Race watching throughout the holiday weekend Employees. Cruise and sailing schedules and ticket prices at www.HarborDays.com. Secure your tickets early! Email info@harbordays.com for information about private charters. Sand returns to the harbor with local sand-sculpting team Form Finders. Find them at Percival Landing as they work together to create a tugboat carved out of sand. And watch as master sand sculptors compete head to head in 10 mi Special thanks to Thomas . Architecture Studios, Thurston First Bank, and OSG Dozing as sponsors Agenda Item 13 Correspondence Page 7 of 7 Stuff for kids! Heritage Bank is sponsoring two days of kids act s Museum and marine related activities by the Puget Sound Estuar As always, Olympia Harbor Days promises to be the best way for f summer season! And it is free! So make your way by land or sea and cruise on d complete schedule and all festival details or for more informatiwww.HarborDays.com. Net proceeds and donations support Kiwanis activities that benefit kids and their