City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA June 9, 2021, 7:00 p.m. Police Court Campus (Public health measures will be required of all persons in attendance. Masks and social distancing are required.) To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of May 26, 2021 Regular Council Meeting Minutes B. Approval of June 4, 2021 payroll checks numbered 110767 – 110788, direct deposit checks numbers 82496 – 82728, and wire transfers numbered 980 – 984 in the amount of $941,542.34 C. Approval of June 9, 2021 Claims numbered 14029 – 14030, 14037 and 14044 – 114187 in the amount of $669,835.39 III. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Community Comments (This is an opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers. Public comments will also be accepted via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 4:00 p.m. on June 9, 2021.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests Mount Vernon City Council Agenda June 9, 2021, Page 2 of 2 IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Interlocal Agreement with Skagit County for Economic Development Grant (Staff is requesting approval of an interlocal agreement with Skagit County in which the City receives $100,000 for Improvements to the Historic Lincoln Theatre) (required action – motion) (staff contact – Peter Donovan) B. Planning Commissioner Appointment (Staff is requesting approval of the appointment of James Fikkert to the Mount Vernon Planning Commission) (required action – motion) (staff contact – Chris Phillips) C. Schedule Public Hearing for Adoption of 2022-2027 Six-Year Transportation Improvement Program (Staff is requesting approval of a Public Hearing date for the adoption of the 2022-2027 Transportation Improvement Program.) (required action – motion) (staff contact – William Bullock) D. Agreement Amendment, PBS Engineering and Environmental Inc. (Staff is requesting approval of Amendment 1 to the agreement with PBS Engineering and Environmental, Inc. for the Freeway Drive Improvements Project.) (required action – motion) (staff contact – William Bullock) E. Interlocal Agreement with Skagit County for Economic Development Grant (Staff is requesting approval of interlocal agreement with Skagit County for grant funding for the Library Commons Project.) (required action – motion) (staff contact – Isaac Huffman) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3834 Next Resolution 995  AGENDA ITEM: A DATE: June 9, 2021 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR GRANT FUNDING RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The City of Mount Vernon applied for Skagit County’s Economic Development Grant funding, for the purpose of making improvements to the “front of house” area of the City-owned, historic Lincoln Theatre. The improvements will be made within the current footprint of the property, and expand restroom facilities while enhancing the flow of patron traffic throughout the lobby area. FINDINGS/CONCLUSIONS: Skagit County Commissioners selected the City’s Lincoln Theatre Project to receive $100,000 in its 2021 Economic Development Grant Funding cycle. RECOMMENDATION: Staff recommends that the Council authorize the Mayor to enter into this interlocal agreement with Skagit County in the amount of $100,000; for improvements to the historic Lincoln Theatre. ATTACHED: Draft Interlocal Agreement with Skagit County City Application for Economic Development Grant funds  INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITY OF MOUNT VERNON FOR FRONT OF HOUSE RENOVATIONS THIS INTERLOCAL AGREEMENT is entered into this _____ day of _________________, 2021 between Skagit County, Washington (the “County”) and City of Mount Vernon, a Washington Municipal Corporation (the “Recipient”) pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT, and in consideration of the mutual benefits do hereby agree as follows: 1. Purpose: The purpose of the contract is to distribute economic development funds pursuant to RCW 82.14.370. 2. Scope of Work: Recipient will use the funds distributed under this agreement pursuant to the intent and purpose of RCW 82.14.370. Further, Recipient is to use such funds for the Public Facility Project described in Recipient’s Economic Development Applications submitted to the County which are attached to this document as Exhibit “A”. 3. Payment: County will compensate Recipient a maximum of $100,000, chargeable to GL expenditure code # 342 58502414109. Recipient shall submit an invoice describing the use of funds to be distributed by the County and the County upon receipt of appropriate documentation shall distribute a portion of the awarded funding as determined by the County Contract Representative described in Paragraph 6.1 of this Contract. However, such payments shall not occur more often than monthly, through the County voucher system. The County Contract Representative has the sole discretion of determining what appropriate documentation is required in order for Recipient to receive a distribution of funds under this Agreement. 4. Recipient agrees that in the event the county or other state or federal agency finds that the funds distributed pursuant to this agreement violate any state or federal laws including but not limited to the primary purpose for which funds pursuant to this agreement are being given, Recipient agrees to return the funds provided by County under this agreement to County including any penalties and interest, and agrees to hold County harmless and indemnify County for distributing such funds contrary to state or federal law. Further, in the event that funds provided to Recipient under this agreement are used for a purpose other then what was originally described in its application of funds, then Recipient agrees to return such funds to the County upon demand. 5. The parties agree that Recipient is an independent contractor and not an employee, or agent of Skagit County. Recipient hereby agrees not to make any representations to any third party or to allow such third party to remain under the misimpression that Recipient is an employee, independent contractor, or agent of Skagit County. All payments made hereunder and all services performed shall be made and performed pursuant to this Agreement. Recipient will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys’ fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Further the Recipient represents that all employees and sub-contractors are covered under Industrial Insurance in compliance with R.C.W. Title 51. 6. Administration: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party in writing. 6.1 The County's representative shall be the Budget and Finance Director: Trisha Logue 1800 Continental Place, Suite 100 Mount Vernon, WA 98273 6.2 Recipient's representative shall be the Project Development Manager: Peter Donovan 910 Cleveland Avenue Mount Vernon, WA 98273 All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 7. Defense & Indemnity Agreement: The Recipient agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Recipient, its subcontractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Recipient insurance shall be primary. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of Recipient’s insurance and shall not contribute to it. 8. This Agreement shall become effective upon execution of Resolution No. R20210098. Work on the project shall be substantially complete and contract shall expire November 30, 2021. For the purposes of this paragraph, the term “substantially complete” shall mean “when the contract work has progressed to the extent that the Recipient has full use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains to physically complete the total contract.” Upon termination of this Agreement, all property acquired by the Recipient shall remain the Recipient’s property, with no obligation to pay the County therefore. 9. The Recipient shall not assign any interest in this Contract and shall not transfer any interest in same without prior written County consent. 10. The Recipient will secure, at his own expense, all personnel required in performing said services under this Contract. Recipient shall be personally liable for applicable payroll, Labor and Industries premiums, and all taxes, and shall hold the County harmless from any claims related thereto. 11. Right to Review: This contract is subject to review by the State Auditor's office. The County or its designee shall have the right to review and monitor the financial components of this project. Such review may include, but is not limited to, on-site inspection by County agents or employees, and inspection of all records of other materials, which the County deems pertinent to the Agreement and its performance. Recipient shall preserve and maintain all financial records and records relating to this project under this Agreement for 3 years after contract termination, and shall make them available for such review, within Skagit County, State of Washington, upon request. 12. Acknowledgement of Funding: All books, informational pamphlets, press releases, research reports, articles, requests for information, signs or other public notices developed for or referring to the activities or programs funded by this agreement shall include the statement, “This project received funding from Skagit County,” or similar language acknowledging Skagit County’s funding contribution. Further, Recipient shall notify the County (or Administrative Services) no later than two weeks before a dedication ceremony or public event for any activities or programs funded by this agreement. Recipient shall also make efforts to verbally acknowledge the County’s contributions to the Recipient at all dedication ceremonies or other public events relating to any programs or projects funded by this agreement. 13. Prevailing Wages: If Prevailing Wages are applicable to the work provided under the Agreement then Recipient shall submit a “Statement of Intent to Pay Prevailing Wages” prior to submitting first application for payment. Each statement of intent to pay prevailing wages must be approved by the Industrial Statistician of the Department of Labor and Industries before it is submitted to the County. Unless otherwise authorized by the Department of Labor and Industries, each voucher claim submitted by a Recipient for payment on a project estimate shall state that the prevailing wages have been paid in accordance with the pre- filed statement or statements of Intent to Pay Prevailing Wages on file with the public agency. 14. Nondiscrimination: During the performance of this contract, the Recipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Recipient shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 15. Compliance with Applicable Law: The Recipient and all subcontractors of Recipient shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. Sec. 52.203-5); safety and health regulations. In the event of the Recipient’s or a subcontractor’s noncompliance or refusal to comply with any law or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Recipient is responsible for any and all costs or liability arising from the Recipient’s failure to so comply with applicable law. 16. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Skagit. This Agreement shall be governed by the laws of the State of Washington. 17. No Separate Legal Entity: It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of the Agreement. 18. Termination of Contract for Cause a. If, through any cause, the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract or if the Recipient shall violate any of its covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the Recipient describing such default or violation. Further, in the event Recipient fails to expend funds under this contract in accordance with State or Federal laws and/or the provisions of the agreement, the County reserves to right to recapture funds expended to Recipient in an amount equal to the extent of the noncompliance.  b. The County may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. 19. Termination for Public Convenience: The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion, that such termination is in the best interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Recipient shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Nonassignability: Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Recipient. 21. Taxes: All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Recipient or its staff shall be the sole responsibility of the Recipient. City of Mount Vernon Signature (Date ) Print Name Title Mailing Address: 910 Cleveland Avenue Mount Vernon, WA 98273 Telephone No. 360-336-6207 Fed. Tax ID # 91-6001260 Contractor Lic. #. N/A DATED this _____ day of _______________, 2021. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Lisa Janicki, Chair Peter Browning, Commissioner Attest: Ron Wesen, Commissioner Clerk of the Board For contracts under $5,000: Authorization per Resolution R20030146 Recommended: County Administrator Department Head Approved as to form: Civil Deputy Prosecuting Attorney Approved as to indemnification: Risk Manager Approved as to budget: Budget & Finance Director Exhibit A  AGENDA ITEM: B DATE: June 9, 2021 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Development Services Director SUBJECT: APPOINTMENT OF JAMES FIKKERT TO THE PLANNING COMMISSION RECOMMENDED ACTION: Staff requests that Council confirm the Mayor’s appointment of James Fikkert to the Planning Commission INTRODUCTION/BACKGROUND: James Fikkert has Master’s Degree in Urban Planning, has worked in the development/construction private sector, and has volunteered countless hours serving the local community on a variety of issues that include low income housing solutions, small business initiatives and a variety of redevelopment proposals. He will serve on the Planning Commission from today to which expires on 31 December 2023. FINDINGS/CONCLUSIONS: The requirements of MVMC Chapter 2.60 have been satisfied with the recommended appointment of James Fikkert to the Planning Commission. RECOMMENDATION: Confirm the Mayor’s appointment to the Planning Commission. ATTACHED: Planning Commission Resume  AGENDA ITEM: C DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: SCHEDULE PUBLIC HEARING: ADOPTION OF THE 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDED ACTION: Set a public hearing date for the adoption of the Mount Vernon 2022-2027 Six-Year Transportation Program (TIP). INTRODUCTION/BACKGROUND: State law, RCW 35.77.010, requires that each year the City adopt a six-year Transportation Improvement Program (TIP). The TIP is designed to identify the schedule, costs, and financial plan associated with capital projects the City intends to complete during the next six years. The adopted financial plan must detail conceptual project costs and demonstrate that funding for the TIP is feasible, although it may include projections of local funds, grants, loans or other potential sources that are not yet secured. FINDINGS/CONCLUSIONS: The draft TIP will be presented for discussion, highlighting the projects slated for years 1-3 and new projects added to the program during the latest planning cycle. Any modifications to the draft TIP will be made and brought forward in a final version for adoption at the June 23, 2021 public hearing. RECOMMENDATION: Staff recommends a motion to authorize the Mayor to direct staff to schedule a Notice for public hearing on April 28, 2021 for the consideration and adoption of the 2022 -2027 Mount Vernon Six-Year Transportation Improvement Program. ATTACHED: 1. Public Hearing Notice 2. 2022-2027 TIP Project List  CITY OF MOUNT VERNON, WASHINGTON NOTICE OF PUBLIC HEARING 2022-2027 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM NOTICE IS HEREBY GIVEN that the City Council of the City of Mount Vernon will hold a public hearing regarding the proposed 2022-2027 Six-Year Transportation Improvement Program on June 23, 2021. The public hearing will be held at City Council Chambers, 1805 Continental Place, Mount Vernon WA, beginning at 7:00 p.m. or as soon thereafter as possible. Copies of the proposed Six-Year Transportation Improvement Program are available for review at the Public Works Department at 1024 Cleveland Ave, Mount Vernon, or by calling William Bullock at 360-336-6204. Dated this 9th day of June, 2021. Doug Volesky, City Clerk Publish: Skagit Velley Herald June 11 & June18, 2021 Mount Vernon 2022-2027 Six Year TIP Project List  City Wide - Local Street Improvements  City Wide - Signal Maintenance Program  City Wide - Sidewalk Gap Program  ADA Sidewalk Transition Program  Library Commons Project  Hoag/Laventure Intersection Improvements  College Way Separated Rail Crossing  Minor Intersection Enhancements  Riverside Drive Improvements- 2  Fowler Trail Connection  30th Street Improvements  Riverside Drive Improvement - 1  Laventure Road Widening  Fir Street Widening  15th Street Sidewalk Improvements  30th Street Improvements - 2  River Dike Trail System - Phase 1  Broad Street Improvements  Martin Road Improvements  Laventure/Blackburn Intersection Improvement  Blackburn Road Widening -1  Kincaid Street Corridor Improvements  Hickox/I-5 Interchange Completion  18th Street/Blackburn Intersection Improvements  Blackburn Road Extension  30th Street Extension  Skagit River Pedestrian Bridge  AGENDA ITEM: D DATE: June 9, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT AMENDMENT: CONSTRUCTION MANAGEMENT: FREEWAY DRIVE IMPROVEMENTS PROJECT RECOMMENDED ACTION: Staff recommends amending the Professional Services Agreement with PBS Engineering and Environmental (PBS) for contract management services for the Freeway Drive Improvements Project. INTRODUCTION/BACKGROUND: This project accomplishes five main improvements to Freeway Drive: adds sidewalk on the west side and bike lanes on both sides, establishes new storm water facilities, enhances corridor street lighting, improves intersection channelization, and rehabilitates the pavement. A key highlight of these upgrades is the new and continuous pedestrian connection from Lions Park (and downtown) to College Way. Federal funding (STBG program) was prioritized through Skagit Council of Governments; total award amount of $2,170,000 (Design - $260,000 and Construction - $1,910,000); additional construction funding allocated to the project will come from the stormwater fund ($310,000) and TBD ($99,000). FINDINGS/CONCLUSIONS: PBS is currently under contract for design services of the Freeway Drive project which is now ready to bid for construction. Staff recommends amending the current contract with PBS to include construction management services (i.e. full time inspection, contractor administration, testing coordination, change orders, etc). RECOMMENDATION: Motion to authorize the Mayor to execute a contract amendment with PBS Engineering and Environmental, Inc. to provide construction management services on the Freeway Drive Improvements Project in an amount not to exceed $203,290.00. ATTACHED: 1. Contract, Scope and Fee 2. Vicinity Map May 27, 2021 Bill Bullock, PE City of Mount Vernon 1024 Cleveland Avenue Mount Vernon, Washington 98273 Via email: billb@mountvernonwa.gov Regarding: Amendment 1 to Freeway Drive, Cameron Way to College Way Project Mount Vernon, Washington Project No. TS-2020-006 Federal Aid #STPUS-7333(001) PBS Project 45033.000 Dear Bill: PBS Engineering and Environmental Inc. (PBS, Consultant) is pleased to submit this proposal to the City of Mount Vernon (City) to provide additional services for the Freeway Drive, Cameron Way to College Way project in Mount Vernon, Washington. Amendment 1 is necessary for new tasks related to construction management and inspection services, as described below under Task 1300, Task 1400, and Task 1500. SCOPE OF WORK PBS proposes the following scope of work for the Freeway Drive, Cameron Way to College Way project’s construction management and inspection services. TASK 100. PROJECT MANAGEMENT Additional project management time related new tasks and additional invoicing for extended schedule. Subtask 110. Contract Administration, Invoicing, and Progress Reports Consultant will provide general oversight of the construction management services, including monitoring budget, schedule, and scope of work for these services. Consultant will provide monthly invoicing with progress reports. Consultant will coordinate with the contractor’s project manager and City of Mount Vernon throughout the construction duration of the project. Subtask 110 Deliverables  Monthly invoices, progress reports  Project documentation Subtask 120. Preconstruction and Kickoff Meetings An initial kickoff/coordination meeting will be conducted with PBS’ project team and City staff to establish procedures/protocols and communication requirements for the project. Consultant will assist City staff with the bid opening, award and execution of the construction contract. Consultant will assist the City with coordination of the preconstruction conference. Consultant will produce an agenda and take meeting notes. 1180 NW MAPLE STREET, SUITE 160, ISSAQUAH, WA 98027  425.654.8775 MAIN  866.727.0140 FAX  PBSUSA.COM City of Mount Vernon Proposal to Provide Construction Management Services – Freeway Drive, Cameron Way to College Way Project May 27, 2021 Page 2 of 6 Subtask 120 Assumptions  Coordination and preconstruction meetings will be attended by the PBS project manager and construction manager, and inspector. Subtask 120 Deliverables  Preconstruction conference meeting agenda and notes provided to the City and the prime Contractor. TASK 1300. CONSTRUCTION MANAGEMENT AND ENGINEERING All project documentation will be maintained on a SharePoint site. Consultant will give City staff access to the SharePoint site. Subtask 1310. Record of Materials (ROM) Consultant will prepare and maintain the project Record of Materials (ROM). The ROM will consist of all the materials submitted for the project along with each material’s associated plan/specification reference, description, material approval notes, and material acceptance codes/comments. The ROM will also be used to track material acceptance testing as outlined in Task 1500. Subtask 1310 Deliverables  Copy of ROM Subtask 1320. Material Submittals Consultant will receive and review material submittals (manufacturer’s certificates of compliance, certificates of material origin, qualified product list sheets, Buy America certificates, etc.), construction sequence schedules, shop drawings, and other required items from the Contractor to ensure compliance with contract documents. Consultant will review the following submittals, including but not limited to material-specific submittals, HMA and concrete mix designs, landscape items, drainage materials, traffic items, and other items required by construction contract specifications. Consultant will receive, review, and maintain material submittals. Upon completion of review, consultant will transmit the approved submittals to the Contractor. Subtask 1320 Assumptions  Assumes up to 32 material submittals covering materials as listed in the current engineer’s estimate.  Assumes 3 hour per submittal.  Assumes all pavement marking, signing and traffic loop items are QPL products not requiring approval testing. Subtask 1320 Deliverables  Copies of approved material submittals  Copies of written communication with the Contractor  Copy of material submittal log 45033.001 City of Mount Vernon Proposal to Provide Construction Management Services – Freeway Drive, Cameron Way to College Way Project May 27, 2021 Page 3 of 6 Subtask 1330. Construction Administration and Engineering PBS’ construction manager will coordinate with City staff throughout the duration of the project, keep a record of decisions made, review and recommend solutions to change order requests, maintain material quantities, and review progress and final pay estimates. Consultant will prepare Weekly Statement of Working Days weekly and will transmit to the Contractor at the end of each week. Consultant will review the following construction submittals, including but not limited to traffic control plans, construction schedules, quality control plan, erosion and pollution control plans, and other items required by construction contract specifications. A half hour weekly construction coordination meeting will be held in which the Consultant will prepare meeting agenda and minutes. Subtask 1330 Assumptions  Assumes one review of each document followed by feedback/comments to the Contractor.  Assumes additional review for half of resubmitted documents. Subtask 1330 Deliverables  Copies of construction submittals provided by the Contractor with approval  Review of Monthly Pay Estimates for review and approval  Copies of written communication  Records of field decisions  Copies of schedules provided by the Contractor  Copies of Weekly Statement of Working Days Subtask 1340. Request for Information Responses and Change Orders Consultant will assist the City in response to Requests for Information (RFIs) by the Contractor and provide supplemental information as needed to maintain the progress of the work. Consultant will provide the City with draft change order write ups for review, approval, and issuance to the Contractor. The consultant will perform change management consultation and perform change order coordination between the City and the Contractor. Subtask 1340 Assumptions  Responses for up to 18 RFIs  Prepare up to five change orders  Formal design plan revisions for owner-initiated change orders are not covered under scope of work. Subtask 1340 Deliverables  Copies of RFIs to the City staff  Draft change orders to the City for approval and issuance to the Contractor Subtask 1350. Closeout Documentation Consultant will compile project closeout documentation and coordinate with the Contractor and the City to obtain the required documents. Consultant will assemble project documentation and deliver to the City at project completion. Consultant and the City staff will perform final inspections and create a punch list. Consultant and the City staff will establish dates of substantial, physical, and contract completion. The Consultant will prepare as-builts for the project in pdf red line format for City Archiving. AutoCAD Civil 3D updated files for project features will be updated as necessary and provided to the City. 45033.001 City of Mount Vernon Proposal to Provide Construction Management Services – Freeway Drive, Cameron Way to College Way Project May 27, 2021 Page 4 of 6 Subtask 1350 Deliverables  Copy of construction management (CM) project binder (electronic on CD or USB flash drive).  As-Built Plan Red-Lines for the City of Mount Vernon TASK 1400. CONSTRUCTION OBSERVATION (INSPECTION) Consultant will provide an on-site inspector for the 90-day construction schedule for an average of eight hours per day. Consultant will adequately inspect all items constructed for the project according to the project contract documents and any applicable contractor submittals or changes to the contract. The inspector will coordinate key “hold points” with the contractor that require inspection before further construction activity takes place in an effort to adequately check contractor work for conformance with the contract documents. The inspector will coordinate all materials testing and third-party coordination as required. The inspector will coordinate field construction related matters directly with the City of Mount Vernon staff as the project construction point of contact. Consultant will prepare inspector daily reports (IDRs) (to include construction progress photos and material tickets) to document construction and write pay notes for contractor progress payments. Task 1400 Assumptions  The project duration will be 90 working days. Inspector will work eight hours a day on average.  Inspector will be on site for all the construction operations and at a minimum for key inspection points in the construction process. Task 1400 Deliverables  IDRs  Construction progress photos  Material tickets  Pay notes TASK 1500. MATERIAL TESTING (GeoTest) Consultant will perform compaction testing to include HMA testing and cement concrete testing. Consultant will perform additional materials testing in conjunction with the contractor’s construction staging that does not cause delay to the contractor’s operations. Materials testing will be performed to the WSDOT Standard Specifications, WSDOT Construction Manual, and WSDOT Materials Manual. Consultant will also prepare testing reports for all material tests made (laboratory and field). Task 1500 Assumptions  Full aggregate acceptance sieve analysis and protector testing is required for acceptance testing, including all grading, surfacing, HMA, and concrete aggregates. o Gravel Borrow – two tests o CSTC – two tests o CSBC – two tests o Coarse Aggregates for Concrete – two tests 45033.001 City of Mount Vernon Proposal to Provide Construction Management Services – Freeway Drive, Cameron Way to College Way Project May 27, 2021 Page 5 of 6 o Fine Aggregates for Concrete – two tests o HMA - two tests  Field testing of HMA, concrete, surfacing, and backfill will be performed. o HMA – 8 days of testing (including lab testing) o Surfacing - 8 days of testing (including lab testing) o Backfill – 6 days of testing o Commercial Concrete (Class 3000) – 2 tests o Concrete for Driveways (Class 4000) – 6 tests  All testing will be done to the contractor’s construction staging and schedule, including testing for corrective action on previously failed compaction tests. Task 1500 Deliverables  Field material acceptance test reports  Laboratory material acceptance test reports REIMBURSABLE EXPENSES Consultant has included reimbursable expenses for:  Vehicle mileage AMENDMENT 1 COMPENSATION ESTIMATE PBS proposes to provide the scope of work on a time-and-materials basis. The following outlines the estimated costs associated with the scope services. Task 100. Project Management $11,840 Task 1300. Construction Management and Engineering $55,150 Task 1400: Construction Observation (Inspection) $96,800 Task 1500: Material Testing (GeoTest) $32,200 Reimbursable Expenses $7,300 Total Estimated Costs $203,290 This cost estimate includes all labor, materials, transportation, equipment, and other expenses required to complete the work described. The total contract amount is not to exceed $203,290. See attached cost estimates as back up for each line item. SCHEDULE PBS will perform the work in accordance with the contractor’s construction schedule. Please feel free to contact me at 425.654.8769 or joe.hudson@pbsusa.com with any questions or comments. 45033.001 City of Mount Vernon Proposal to Provide Construction Management Services – Freeway Drive, Cameron Way to College Way Project May 27, 2021 Page 6 of 6 Sincerely, Joe Hudson, PE Senior Engineer/Project Manager GH:DAS:lc 45033.001 Amendment 1 Freeway Drive, Cameron Way to College Way Construction Management City of Mount Vernon, Washington PBS PBS Engineering and Environmental (Engineering/Management) PBS SUBCONSULTANTS SUB Construction Management ENG- Task and Description PRINCIPAL ENG VIII ENG VII ENG III ENG II PRJ ADMIN III PRJ ADMIN II ADMIN Expense TOTAL GeoTest TOTAL BUDGET AMOUNT Task 100: Project Management 11,840.00 0.00 11,840.00 Subtask 110: Contract Administration, Invoicing, and Progress Reports 36.00 16.00 8,700.00 0.00 $8,700.00 Subtask 120: Preconstruction and Kickoff Meetings 4.00 8.00 4.00 4.00 3,140.00 0.00 $3,140.00 Task 1300: Construction Management and Engineering 55,150.00 0.00 55,150.00 Subtask 1310: Record of Materials (ROM) 16 28 56 11,980.00 0.00 $11,980.00 Subtask 1320: Material Submittals 16.00 52.00 24.00 12,180.00 0.00 $12,180.00 Subtask 1330: Construction Administration and Engineering 36.00 36.00 10,440.00 0.00 $10,440.00 Subtask 1340: Request for Information Responses and Change Orders 24.00 18.00 24.00 9,390.00 0.00 $9,390.00 Subtask 1350: Closeout Documentation 12.00 40.00 36.00 11,160.00 0.00 $11,160.00 Task 1400: Construction Observation (Inspection) 96,800.00 0.00 96,800.00 Construction Observation 680.00 40.00 96,800.00 0.00 $96,800.00 Task 1500: Material Testing (GeoTest) 0.00 32,200.00 32,200.00 Material Testing 0.00 32,200.00 32,200.00 $32,200.00 Reimbursable Expenses 7,300.00 0.00 $7,300.00 Copies 0.00 0.00 $0.00 Expenses 0.00 0.00 $0.00 Travel 7,300.00 7,300.00 0.00 $7,300.00 0.00 0.00 0.00 0.00 $0.00 0.00 $0.00 TOTAL HOURS 0.00 112.00 40.00 822.00 40.00 16.00 180.00 0.00 HOURLY RATES 230.00 195.00 180.00 135.00 125.00 105.00 95.00 75.00 TOTAL DOLLARS 0.00 21,840.00 7,200.00 110,970.00 5,000.00 1,680.00 17,100.00 0.00 171,090.00 32,200.00 0.00 0.00 32,200.00 203,290.00 PBS Project 45033.000  May 17, 2021 GeoTest Services Inc. Proposal No. 21-268T Arlington, Bellingham, Oak Harbor Freeway Drive Corridor Improvements Mount Vernon, WA Conceptual Scope & Budget: Construction Civil Testing Services GeoTest is pleased to submit this cost estimate for the above project. Based on a review of the project plans and our understanding of the construction duration, we believe that the costs for the scope of work detailed below will be approximately $25,723. Understanding that construction schedules and logistics can vary, we recommend an anticipated budget range of $23,000 to $28,000 . This is a time and materials estimate intended for budgeting purposes. Our costs are a direct reflection of the project construction schedule. ASSUMPTIONS The estimated construction duration is approximately 90 working days. We anticipate that GeoTest's presence will be needed periodically. BUDGET BY DISCIPLINE FIELD: CONSTRUCTION SPECIAL INSPECTION & TESTING EARTHWORK Perform field in-place density tests for structural fills/backfills at civil area and utilities. Collect samples for laboratory testing as required. Detail Visits Hours Unit Rate Total Density Testing/Soils Inspection 7 8 $78 4,368 Density Testing/Soils Inspection 7 4 $78 2,184 Subtotal $6,552 ASPHALT Test and inspect asphalt pavement during placement and compaction. Sampling from production facility. Detail Visits Hours Unit Rate Total HMA Asphalt Paving - Compaction Tests 4 8 $78 $2,496 HMA Asphalt Paving - Compaction Tests 4 4 $78 1,248 HMA Asphalt Paving - Compaction Tests Nightwork 3 8 $117 2,808 Asphalt Plant - Sample Pick-Up and Processing 8 3 $78 1,872 Asphalt Plant - Sample Pick-Up and Processing Nightwork 3 8 $117 2,808 HMA Asphalt Paving - Lab Staff Nightwork 3 4 $117 $1,404 Subtotal $8,424 CONCRETE Continuous inspection during placement, including sampling, slump, air, temperature and taking concrete specimens. Test concrete for compressive strength. Detail Visits Hours Unit Rate Total Sidewalk Curb & Gutter 2 6 $75 $900 Driveways 6 6 $75 $2,700 Sample Pickup and Processing 8 3 $75 1,800 Subtotal $5,400 Page 1 of 2  May 17, 2021 GeoTest Services Inc. Proposal No. 21-268T Arlington, Bellingham, Oak Harbor OTHER Detail Hours Unit Rate Total Project Manager - Health & Safety, Review, Meetings, Closeout 12 $100 $1,200 Trip Charge (44 rt/mi x 0.60/mi = $26/trip) 52 $26 1,352 Subtotal $2,552 FIELD - Total Estimated Budget Civil Testing $17,528 LABORATORY - CONSTRUCTION MATERIALS TESTING Laboratory testing in accordance with ASTM, WSDOT and project specification criteria. Number of Detail Notes Method Unit Rate Total Tests Soils: Proctor w Sieves (CSBC, CSTC, Grav. Borrow/Bkfill) T99/T180 6 $260 $1,560 Concrete Aggregate: Sieves T27/T11 4 $160 640 Soils: Sand Equivalent (CSBC, CSTC, Grav. Borrow/Bkfill) T176 6 $80 480 Soils: Percent Fracture (CSBC, CSTC) T355 2 $80 160 Concrete Compression Tests 8 sets x 5 ea. 40 $28 1,120 Asphalt Extraction/Gradation T308/T27/T11 11 $285 3,135 Asphalt Rice Density T209 11 $100 1,100 Subtotal $8,195 LABORATORY - Total Estimated Budget Construction Materials Testing $8,195 Total Estimated Budget - Construction Special Inspection & Testing $25,723 Page 2 of 2  Vicinity Map College Way § ¦ ¨ 5 Project Limits Kulshan Trail Riverwalk Trail 0 500 1,000 2,000 Feet ± Freeway Drive Kulshan Trail Lions Park Cameron Way Riverwalk Trail 536 ¥ Downtown  AGENDA ITEM: E DATE: June 1, 2021 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: This year the Library Commons Project was awarded a $500,000 economic development grant. The Rural Distressed Counties sales tax supports this grant program. The program's goal is to add living wage jobs in Skagit County, which the Mount Vernon Commons Project will surely do. Because the grant has specific use requirements, an interlocal agreement between Skagit County and the City of Mount Vernon is required. A similar interlocal agreement was signed as part of the Skagit floodwall project. THE MOUNT VERNON CITY LIBRARY REQUEST COUNCIL TO AUTHORIZE THE MAYOR TO ENTER INTO A INTERLOCAL AGREEMENT WITH THE SKAGIT COUNTY FOR GRANT FUNDING FINDINGS/CONCLUSIONS: The terms in this agreement align with similar interlocal agreements for receiving funding. It is recommended that we sign the agreement to receive grant funding. RECOMMENDATION: Approve ATTACHED: INTERLOCAL COOPERATIVE AGREEMENT FOR GRANT FUNDS  INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITY OF MOUNT VERNON FOR MOUNT VERNON LIBRARY COMMONS THIS INTERLOCAL AGREEMENT is entered into this _____ day of _________________, 2021 between Skagit County, Washington (the “County”) and City of Mount Vernon, a Washington Municipal Corporation (the “Recipient”) pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT, and in consideration of the mutual benefits do hereby agree as follows: 1. Purpose: The purpose of the contract is to distribute economic development funds pursuant to RCW 82.14.370. 2. Scope of Work: Recipient will use the funds distributed under this agreement pursuant to the intent and purpose of RCW 82.14.370. Further, Recipient is to use such funds for the Public Facility Project described in Recipient’s Economic Development Applications submitted to the County which are attached to this document as Exhibit “A”. 3. Payment: County will compensate Recipient a maximum of $500,000, chargeable to GL expenditure code # 342 58502334109. Recipient shall submit an invoice describing the use of funds to be distributed by the County and the County upon receipt of appropriate documentation shall distribute a portion of the awarded funding as determined by the County Contract Representative described in Paragraph 6.1 of this Contract. However, such payments shall not occur more often than monthly, through the County voucher system. The County Contract Representative has the sole discretion of determining what appropriate documentation is required in order for Recipient to receive a distribution of funds under this Agreement. 4. Recipient agrees that in the event the county or other state or federal agency finds that the funds distributed pursuant to this agreement violate any state or federal laws including but not limited to the primary purpose for which funds pursuant to this agreement are being given, Recipient agrees to return the funds provided by County under this agreement to County including any penalties and interest, and agrees to hold County harmless and indemnify County for distributing such funds contrary to state or federal law. Further, in the event that funds provided to Recipient under this agreement are used for a purpose other then what was originally described in its application of funds, then Recipient agrees to return such funds to the County upon demand. 5. The parties agree that Recipient is an independent contractor and not an employee, or agent of Skagit County. Recipient hereby agrees not to make any representations to any third party or to allow such third party to remain under the misimpression that Recipient is an employee, independent contractor, or agent of Skagit County. All payments made hereunder and all services performed shall be made and performed pursuant to this Agreement. Recipient will defend, indemnify and hold harmless the County, its officers, Page 1 agents or employees from any loss or expense, including but not limited to settlements, judgments, setoffs, attorneys’ fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Further the Recipient represents that all employees and sub-contractors are covered under Industrial Insurance in compliance with R.C.W. Title 51. 6. Administration: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party in writing. 6.1 The County's representative shall be the Budget and Finance Director: Trisha Logue 1800 Continental Place, Suite 100 Mount Vernon, WA 98273 6.2 Recipient's representative shall be the Finance Director: Doug Volesky 910 Cleveland Avenue Mount Vernon, WA 98273 All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 7. Defense & Indemnity Agreement: The Recipient agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Recipient, its subcontractors, its elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County, its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Recipient insurance shall be primary. Any insurance or self-insurance maintained by the County, its officers, officials, employees or volunteers shall be excess of Recipient’s insurance and shall not contribute to it. Page 2 8. This Agreement shall become effective upon execution of Resolution No. R20210093. Work on the project shall be substantially complete and contract shall expire April 30, 2022. For the purposes of this paragraph, the term “substantially complete” shall mean “when the contract work has progressed to the extent that the Recipient has full use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains to physically complete the total contract.” Upon termination of this Agreement, all property acquired by the Recipient shall remain the Recipient’s property, with no obligation to pay the County therefore. 9. The Recipient shall not assign any interest in this Contract and shall not transfer any interest in same without prior written County consent. 10. The Recipient will secure, at his own expense, all personnel required in performing said services under this Contract. Recipient shall be personally liable for applicable payroll, Labor and Industries premiums, and all taxes, and shall hold the County harmless from any claims related thereto. 11. Right to Review: This contract is subject to review by the State Auditor's office. The County or its designee shall have the right to review and monitor the financial components of this project. Such review may include, but is not limited to, on-site inspection by County agents or employees, and inspection of all records of other materials, which the County deems pertinent to the Agreement and its performance. Recipient shall preserve and maintain all financial records and records relating to this project under this Agreement for 3 years after contract termination, and shall make them available for such review, within Skagit County, State of Washington, upon request. 12. Acknowledgement of Funding: All books, informational pamphlets, press releases, research reports, articles, requests for information, signs or other public notices developed for or referring to the activities or programs funded by this agreement shall include the statement, “This project received funding from Skagit County,” or similar language acknowledging Skagit County’s funding contribution. Further, Recipient shall notify the County (or Administrative Services) no later than two weeks before a dedication ceremony or public event for any activities or programs funded by this agreement. Recipient shall also make efforts to verbally acknowledge the County’s contributions to the Recipient at all dedication ceremonies or other public events relating to any programs or projects funded by this agreement. 13. Prevailing Wages: If Prevailing Wages are applicable to the work provided under the Agreement then Recipient shall submit a “Statement of Intent to Pay Prevailing Wages” prior to submitting first application for payment. Each statement of intent to pay prevailing wages must be approved by the Industrial Statistician of the Department of Labor and Industries before it is submitted to the County. Unless otherwise authorized by the Department of Labor and Industries, each voucher claim submitted by a Recipient for payment on a project estimate shall state that the prevailing wages have been paid in accordance with the pre- Page 3 filed statement or statements of Intent to Pay Prevailing Wages on file with the public agency. 14. Nondiscrimination: During the performance of this contract, the Recipient shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Recipient shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. 15. Compliance with Applicable Law: The Recipient and all subcontractors of Recipient shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the Americans with Disabilities Act (ADA); Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. Sec. 52.203-5); safety and health regulations. In the event of the Recipient’s or a subcontractor’s noncompliance or refusal to comply with any law or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Recipient is responsible for any and all costs or liability arising from the Recipient’s failure to so comply with applicable law. 16. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Superior Court of the State of Washington in and for the County of Skagit. This Agreement shall be governed by the laws of the State of Washington. 17. No Separate Legal Entity: It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of the Agreement. 18. Termination of Contract for Cause a. If, through any cause, the Recipient shall fail to fulfill in a timely and proper manner its obligations under this contract or if the Recipient shall violate any of its covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate this contract and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the Recipient describing such default or violation. Further, in the event Recipient fails to Page 4 expend funds under this contract in accordance with State or Federal laws and/or the provisions of the agreement, the County reserves to right to recapture funds expended to Recipient in an amount equal to the extent of the noncompliance. b. The County may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. 19. Termination for Public Convenience: The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion, that such termination is in the best interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Recipient shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County. If sufficient funds are not appropriated or allocated for payment under this contract for any future fiscal period, the County will not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. No penalty or expense shall accrue to the County in the event this provision applies. 20. Nonassignability: Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Recipient. 21. Taxes: All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Recipient or its staff shall be the sole responsibility of the Recipient. Page 5 City of Mount Vernon Signature (Date ) Jill Boudreau Print Name Mayor Title Approved as to form: _____________________________ Kevin Rogerson, City Attorney Attest: _____________________________ Doug Volesky, Finance Director Mailing Address: 910 Cleveland Avenue Mount Vernon, WA 98273 Telephone No. 360-336-6207 Fed. Tax ID # 91-6001260 Contractor Lic. #. N/A Page 6 DATED this _____ day of _______________, 2021. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Lisa Janicki, Chair Peter Browning, Commissioner Attest: Ron Wesen, Commissioner Clerk of the Board For contracts under $5,000: Authorization per Resolution R20030146 Recommended: County Administrator Department Head Approved as to form: Civil Deputy Prosecuting Attorney Approved as to indemnification: Risk Manager Approved as to budget: Budget & Finance Director Page 7 Exhibit A Page 8 Page 9 Page 10 Page 11 Page 12 Page 13