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2022-03-08 City Council - Full PPW Agenda-3110
1 o Agenda Edmonds City Council PARKS & PUBLIC WORKS COMMITTEE - ZOOM VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 MARCH 8, 2022, 7:30 PM THIS MEETING IS HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. CALL TO ORDER COMMITTEE BUSINESS 1. Market, Edmonds SpringFest and Edmonds Arts Festival Event Contracts (10 min) 2. Public Safety Complex Public Art Project (15 min) 3. Civic Park Public Art Project (15 min) 4. SEEK Grant Contract - 2022 Summer Day Camp (10 min) 5. State of Washington Dept of Commerce Grant Contract — Civic Park (5 min) 6. 2022 Parks, Recreation & Open Space (PROS) Plan Capital Program (30 min) 7. Presentation of a Professional Services Agreement with BHC Consultants for the Ph 10 Sewer Project (10 min) 8. Release of Public Sewer Easement at 21200 72nd Ave (10 min) 9. Dedication of 15 feet for 203rd St SW Right of Way adjacent to 20323 81st Ave W (10 min) 10. 2021 Transportation Impact Fee Annual Report (10 min) 11. Ash Thickener Drive Rebuild Project (10 min) ADJOURN Edmonds City Council Agenda March 8, 2022 Page 1 2.1 City Council Agenda Item Meeting Date: 03/8/2022 Market, Edmonds SpringFest and Edmonds Arts Festival Event Contracts Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History The Council authorizes Event Agreements on behalf the City of Edmonds. In 2021 the special events of Summer Market, SpringFest and Edmonds Arts Festival all took place; only the Market happened on their regular dates. The Edmonds Arts Festival and SpringFest were held later in the Summer than usual due to the pandemic. At this meeting City Staff is presenting Event Agreements for the Summer Market, Edmonds SpringFest and the Edmonds Arts Festival. Staff Recommendation Staff recommendation is the City Council support the the Event Agreement between the City of Edmonds and the Edmonds -South Snohomish County Historical Society for the Summer Market; the Event Agreement between the City of Edmonds and Urban Craft Uprising for Edmonds SpringFest; and the Event Agreement between the City of Edmonds and the Edmonds Arts Festival Association for the Edmonds Arts Festival and forward them to the March 15, 2022 Consent Agenda. Approval on Consent Agenda for the next Regular Council Meeting would authorize the Mayor to sign the contracts. Narrative The Event Agreements are very similar to agreement in previous years. All three event producers are required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Cultural Services, Development Services, and Economic Development Departments) and approved as to form by the City Attorney. Market Contract with the Edmonds -South Snohomish County Historical Society: In previous years there was a "Garden (smaller) Market" and a "Summer (expanded) Market." In 2022 the Market which takes place every Saturday from May 7 - October 8, 2022 will be full size (Summer Market) the entire time. Other than the change to the size of the event in the early months, the plan for the Market remains the same as in previous years. This event is free and open to the public, it does not include the service of alcohol. It should be noted that due to limited staffing the Police Department does not currently have a parking enforcement officer available on Saturdays to tow vehicles. If one is not in place by the start of the Market this responsibility will fall to patrol officers who may be forced to prioritize public safety over towing activities. The Market is aware of the potential for this challenge. Packet Pg. 2 2.1 Spring Fest Contract with Urban Craft Uprising: This event is held on the Saturday before Mother's Day (May 7, 2022) at the Frances Anderson Center on the Field. In 2021 this one -day event was held on July 24 (delayed due to COVID). The event will feature numerous craft booths. Eighth Avenue will be limited to local access only between Main Street and Dayton Street to allow for food trucks to park and provide food service in the street on the East side of the Field. This event is free and open to the public, it does not include service of alcohol. Edmonds Arts Festival Contract with the Edmonds Arts Festival Association: This event is held on Father's Day weekend (June 17-19, 2022) at the Frances Anderson Center. The event encompass the field, bandshell, Frances Anderson Center, library plaza and library plaza room. Eighth Avenue will be restricted to local access only between Main and Dayton Streets to allow for Food Truck Vendors. Alcohol is available at this event in the beer garden area; the event is required obtain necessary permits for the sale of alcohol through the state and adhere to state guidelines. This event is free and open to the public. Attachments: 2022 Spring Fest Event Agreement 2022 Edmonds Arts Festival Event Agreement 2022 Summer Market Event Agreement Packet Pg. 3 2.1.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND URBAN CRAFT UPRISING Event Date — May 7, 2022 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the URBAN CRAFT UPRISING (hereinafter referred to as the "UCU") (collectively, the "Parties"). WHEREAS, the UCU has conducted a public event known as "Edmonds Spring Fest" (hereinafter referred to as the "Event") in 2018, 2019, and 2021; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the UCU and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain UCU obligations included). 1.1 The City will provide use of the Frances Anderson Center Playfield ("Playfield") and 8th Avenue between Main Street and Dayton Street (depicted on the Site Map in Exhibit A) (collectively referred to as the "City -Provided Site") so as to allow for the following: 1.1.1 The Event setup will begin on Friday, May 6, 2022 at 4:00 p.m.; barricades to be in place by Friday, May 6, 2022 at 4:00 p.m. 1.1.2 The Event will run from 10:00 a.m. to 5:00 p.m. on Saturday, May 7, 2022 1.1.3 The Playfield will be used for the craft and food booths. The section of 8th Avenue depicted in Exhibit A will be utilized as an area for food trucks. 1.2 All surfaces listed will remain available to the UCU for Event purposes until Saturday, May 7, 2022 at 10:00 p.m. Final cleanup will take place as set forth in paragraph 2.14, below. 1.3 The City may sprinkle the field prior to the event to reduce dust. The Playfield irrigation system will be turned off by 8:00 a.m. on Friday, May 6, 2022. 1.4 The City will provide up to ten (10) picnic tables, to be delivered to the Playfield. The UCU will provide crew members to assist with the moving and placement of the picnic tables. The UCU will be responsible for providing compost, recycle and garbage collection and removal of all trash. 1.5 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine the facilities in use Packet Pg. 4 2.1.a comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.6 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., May 7, 2022, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the UCU will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.7 Alcohol will not be served at the Event. 1.8 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 (see Traffic Control Plan in Exhibit B): 1.8.1 8th Avenue at Main Street, to close 8th Avenue 1.8.2 8th Avenue at Dayton Street, to close 8th Avenue 1.9 The City will identify ADA parking stalls and provide official handicapped parking signs One load/unload space each will be marked on Dayton and Main Street. 1.10 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits set forth in the ordinances of the City of Edmonds. 1.11 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or his/her designee. Police staffing levels and fees to be paid to the City, if any, will be mutually determined by the Chief of Police, or his/her designee, and the UCU. 1.12 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.13 The UCU must supply power as needed. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the UCU). The UCU is not authorized to fasten anything to the buildings, structures or trees. Doing so may result in damage cost recovery and/or fine. 1.14 The UCU must have temporary panels and power poles if applicable, removed by 12:00 noon on May 8, 2022. 2. Responsibilities of the UCU. 2.1 The UCU agrees to the following general open hours for the Event: Saturday, May 7, 2022 10:00 a.m. — 5:00 p.m. Packet Pg. 5 2.1.a 2.2 The UCU will pay the City Three Hundred Seventy -Five Dollars ($375.00) for the above - mentioned facility use prior to April 15, 2022. 2.3 The UCU will submit a cleaning/damage deposit of Five Hundred Dollars ($500.00) to the City prior to April 15, 2022. The deposit will be refunded to the UCU if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.2 The UCU will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the UCU or the participants in the Event. 2.3 The UCU is responsible for contracting with appropriate vendors for power. Further, the UCU will arrange for a walk-through with the City Electrician to obtain approval for the accommodation of power and electricity needs. 2.4 The UCU will provide sufficient portable sani-cans and wash stations. 2.5 The UCU will be responsible for all required city and state permits. The UCU will submit the fee for the park usage permit provided for by this Agreement. 2.6 The UCU will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.7 Garbage service will be contracted and paid for by the UCU. 2.8 The UCU will be responsible for restoring the Playfield to its original condition no later than 12:00 noon, Sunday May 8, 2022. A UCU representative will meet with a member of the City's Parks and Recreation Department on the afternoon of May 6, 2022, to inspect the facility to document the "original" condition of the Playfield. A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition to include removal of all garbage and equipment related to the event. 2.9 The UCU will operate the Event. Neither the UCU nor any of its officers, agents or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.10 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances, and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The UCU warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. Packet Pg. 6 2.1.a 2.11 The UCU agrees that the Event is a public event. The UCU further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the UCU will permit citizens attending events open to the general public during the Event to exercise therein their protected constitutional right to free speech without interference on City property. 2.12 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the UCU will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from Event participants, and arrange for recycling services. 2.13 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The UCU will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.14 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The UCU will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The UCU will ensure that on -site collection containers are serviced properly and continually during the event. A UCU representative will meet with the City's Recycling Coordinator or representative prior to April 20, 2022, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.15 The UCU may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.16 The Parks Director will provide a temporary exemption to the No Dogs on playfields ordinance and allow dogs to be on leash at the Event. The UCU will ensure dogs do not enter the playground area and will ensure all dog waste is removed from the site. Police will be notified of any aggressive dog behavior. The Parks Director retains the right to suspend this temporary exemption at any time. 2.17 All requests for additional services and concerns of the Event will be directed by the UCU to the City's designated representative, Parks Deputy Director, who may be contacted at 425-771- 0230. 2.18 The UCU will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative will inspect the Playfield with the UCU designated representative prior to the Event opening to the public, and any potential problems will be noted and reported to the City prior to the Fire Marshall's briefing. At 9:00 AM on June 24, 2021, the Fire Marshal will brief designated representatives of the UCU of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Frances Anderson Center, as well as inspect Packet Pg. 7 2.1.a for any electrical and fire safety hazards. The UCU and appointed representatives will be the responsible individuals for performing fire prevention and fire watch activities. 2.19 The UCU will insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. The UCU will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Tents are held down with sandbags and not stakes. 2.20 The UCU will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the UCU's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the UCU of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.21 The UCU will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on UCU's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that UCU's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of USU's insurance and shall not contribute with it. The UCU will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. Packet Pg. 8 2.1.a 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the UCU will be deemed to be the same of the City for any purpose. The UCU alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The UCU in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, and the City related to the COVID-19 pandemic. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Governor's Spectator Events COVID-19 Requirements, which contains hyperlinks to related resources and any updates to its requirements, may be found at: htlps://www.,izovemor.wa.gov/sites/default/files/COVID 19%20Spectator%20Event%20Guidance pdd£ The UCU shall consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. DATED this day of 2022. CITY OF EDMONDS: URBAN CRAFT UPRISING: Mike Nelson, Mayor Lindsey Ross, Owner Packet Pg. 9 2.1.a ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 10 2.1.a EXHIBIT A: SITE MAP Q Packet Pg. 11 2.1.a EXHIBIT B: TRAFFIC CONTROL PLAN o o MAIN Sr..oaeie Anderearn Library AN163mr. ODnbXFie NJ 09M8r 17 %Rwror ' MAPLE T 0'5 sT z W water0arric�desarnd rrica�deS rrs provided by Pub fkWorks.Closed toall Iralfic.; rproter Barricades and Barricad eSigns vid ed by PubIicWorks. Local Access Only N ��P31�1fiR4„ M20 LLl RDad a-Drure @arrir:ade Re se rre d for A CAA 0 Parking Signs Fond Trucks WEstsibonly Packet Pg. 12 a CERTIFICATE OF LIABILITY INSURANCE �1912rQ22 2'1.a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tr the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thi certificate holder in lieu of such endorsementls). PRODUCER Thompson Insurance Agency 2400 NW 80th St, PMB 619 Seattle, WA 98117 INSURED Urban Craft Uprising LLP 4821 N 9th St Tacoma, WA 98406 Paul Mesa Underwriters Specialty Insurance Company COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMfDD POLICY EXP MMfD LIMITS GENERAL LIABILITY x MP-0046006014621 2/6/2022 2r6r2023 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISES Ea occurrRENTED ewe) $ 100,000 A CLAIMS -MADE FXI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOPAGG $ INCLUDED �vG/EN'LAGGREGATELIMITAPPLIESPER: A POLICY PRO- LOG $ AUTOMOBILE LIABILITY EO aBINED SINGLE LIMITccIden $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per aocldent $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDT1 RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y f N TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? ❑ N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under ❑ESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS 1 VEHICLES (Attach ACORD 101, Addhional Remarks Schedule, if more space is required) Certificate holder is listed as an additional insured. City Of Edmonds 121 5th Ave N Edmonds, WA 98020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C tU E N N L Q a+ C N W to W LL C •L Q rn N N CD N c W E z U 2 Q ©1988-2010 ACORD CORPORATION ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD All rights reserved. Packet Pg. 13 2.1.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival, which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Festival Association obligations included). 1.1 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 9 at 8:00 am to June 21 at 5:00 pm Rooms 114, 115, 123, 206, 207, 208, 209, 210 and 301 for nonpublic use. June 9 at 8 am to June 20 at 5 pm Gym June 15 at 8:00 am to June 21 at 8 am Playfield and amphitheater The Frances Anderson Center playfield ("Playfield") will be used for Artwork Booths. The City may sprinkle the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 14, 2022. The Festival Association agrees to cover the infield dirt only. The courtyard area (West of the outdoor stage) may be used for a food concession area. The City will provide up to fifteen (15) picnic tables at the concession area and up to fifteen Packet Pg. 14 2.1.b (15) garbage cans around the outside area. The Festival Association will also provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival Association will be responsible for providing a dumpster for trash and grease traps for waste water disposal. The Festival Association will provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. Under no circumstances will the Festival Association have access to the Sculptors Workshop Rooms 210 & 211. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 15 at 8:OOam to June 20, at 5 pm. Plaza Room and Plaza Patio 1.3 All of the rooms identified herein will be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 16 at 8:OOam until June 20 at noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will ensure that these safety barriers are kept in place and filled with water for the duration of the event. 1.6 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 15 through June 20 provided, however, that the Festival Association will provide nine parking permits and marked stalls for Library staff/patrons, which include three handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City will provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street. 1.7 The City will install Edmonds Arts Festival street banners at all approved sites. The Festival Foundation will provide a site map where these are to be installed. 1.8 The City will provide (one) 200-amp panel of electrical service for (the festival); the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 5, 2022, to draw up an interior and exterior electrical plan. The Festival Association is responsible for Packet Pg. 15 2.1.b notifying the PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an "on Call" basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4-hour overtime callback. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association). (It is not allowed to fasten anything to the buildings, structures or trees, doing so may result in damage cost recovery and/or fine). 1.9 The Festival Association must have temporary panels and power poles removed by noon on June 20, 2022. 1.10 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association will permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Festival Association will be responsible for Packet Pg. 16 2.1.b providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non- compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Festival Association will ensure that on -site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City's Recycling Coordinator or representative prior to June 15, 2022, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or designee. Nothing will be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association will be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member of the City's Parks and Recreation Department prior to June 15, 2022 and on June 21, 2022 to inspect the facility to document the "original" and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 9 at 8:00 am until June 20. The Festival Association will meet with the City's Lead Custodian to review cleaning expectations prior to event. In the event of a call -out during the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour Overtime Callback. 2.9 The Festival Association will provide manpower to assist with the tear -down of Room 207, date and time TBA prior to June 9, 2022. Also, City clients will have access to the weight room (200A) for drop -in use up until 1:00 p.m., Wednesday, June 15, 2022, and starting again at 8:30 a.m., Tuesday, June 21, 2022. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the Packet Pg. 17 2.1.b gymnasium and the weight room by 12:00 noon, Monday, June 13. The hallway must be opened by 2:00 p.m., June 16and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.10 Permits: The Festival Association will be responsible for all required city and state permits. The Festival Association will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.11 Clean -Up: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by Noon, June 21, 2022 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 21, 2022 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 21 at noon. 5) Restroom facilities will be professionally cleaned and ready for public use no later than June 20 at noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. 7) Wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:00pm on June 21, 2022. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). 8) Install drain guards on all affected storm drains prior to the beginning of the Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. 9) Disposal of waste water will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. Packet Pg. 18 2.1.b 2.12 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 13, 2022 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 am on June 17, 2022, the Fire Marshal will brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.13 The Festival Association will insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Precaution and measures are taken to prevent from water entering into the interior of the Frances Anderson Center buildings. 2.14 Fees: The Festival Association will pay a fee of $5,500.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the above -mentioned facilities in this Agreement no later than May 15, 2022. The Festival Association will pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. 2.15 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 15, 2022. The deposit will be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.16 Indemnification: The Festival Association will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, Packet Pg. 19 2.1.b injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Festival Association's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Festival Association of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.17 Insurance: The Festival Association will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Festival Association's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Festival Association's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association's insurance and shall not contribute with it. In the event that the Festival Association's employees and/or volunteers provide the service of alcohol at the event, the Festival Association's General Liability insurance will also include host liquor liability coverage. However, if the Festival Association contracts with a third -parry vendor or vendors to provide all service of alcohol, the Festival Association will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Festival Association's Certificate of Insurance. The Festival Association will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.18 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City's designated representative, Parks Deputy Director 425-771-0232. Packet Pg. 20 2.1.b 3. Miscellaneous 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic -related restrictions, fire, flood, strike or other labor difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association will be deemed to be the same of the City for any purpose. The Festival Association alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Festival Association in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, and the City related to the COVID-19 pandemic. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Governor's Spectator Events COVID-19 Requirements, which contains hyperlinks to related resources and any updates to its requirements, may be found at: https://www. govemor.wa. gov/sites/default/files/COVID 19%20Spectator%20Event%20G uidance.pdf. The Festival Association shall consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. [Signatures on following page] Packet Pg. 21 2.1.b DATED this day of 2022. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION: Mike Nelson, Mayor Barbara Norgaard-Reid, Arts Festival President ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 22 r-10` r� fir :f � � � +�•`' . Y 3 � t �� - %7 lie Main St PAW- F767' i ' -�. ?mod �:.� � r �' b°W Raa , �,R;- 3 e � -•—, � y�.� - �L__—�._ ` 1'���''��' NO PARK / HANDICAP . r , � a 4L— =e r an - Dayton St I ' 01 ' Et fl- A ( fug k f ' d - � ■� ; i � I• IAN S ARTS FESTIVAL T r ANDICAP I � Miles 0 0.005 0.01 0.02 0.03 0.04 202 Packet Pg. 23 N V L C O U c LU N tU LL L Q 0a N d LL t31 C .Q Y t3 EDM OART-02 2.1. b 144coRo CERTIFICATE OF LIABILITY INSURANCE 7.AJTEMM/DD/YYYY) 13/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joann Pfeifer NAME: AssuredPartners of Washington, LLC PHONE FAX (A/C, No, Ext): (425) 952-2664 (A/C, No): ram+ v 15809 Bear Creek Parkway #300 ADDRESS:joann.pfeifer@assuredpartners.com Redmond, WA 98052 INSURERS AFFORDING COVERAGE NAIC # O INSURER A: General Casualty Company of Wisconsin 24414 U INSURED INSURER B : N INSURER C : Edmonds Arts Festival Foundation > W INSURER D : PO Box 699 to Edmonds, WA 98020 INSURER E INSURER F : N d COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI! CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM DD YYY POLICY EXP MM DD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,1 CLAIMS -MADE X OCCUR X BPK000150103 1/20/2022 1/20/2023 DAMAGE TO RENTED PREMISES Ea occurrence 300,1 $ X MED EXP (Any oneperson) $ 10,1 NOA/Hired Auto PERSONAL & ADV INJURY $ 110001I GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,1 POLICYEl PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,I $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,1 AGGREGATE $ 1,000,1 EXCESS LIAB CLAIMS -MADE BUM000102803 1/20/2022 1/20/2023 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as additional insured as respects insured's lease of premises at 700 Main St., Edmonds, WA 98020, and 202 Dayton, Edmonds, 98020, per AHCG8617 0917. CERTIFICATE HOLDER City of Edmonds 700 Main St Edmonds, WA 98020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED It ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE LL 2 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD Packet Pg. 24 2.1.c EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates — May 7-October 8, 2022 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds -South Snohomish County Historical Society has operated in the past a spring market and a summer market, providing a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small business persons and their products; and WHEREAS, the Parties, vendors, patrons and businesses located along 5th Ave. between Main and Bell Streets are supportive of expansion of the Summer Market to supersede the Spring Market such that the Summer Market will commence the first Saturday in May and conclude the second Saturday in October; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, these events promote tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; and WHEREAS, the City Council finds that the Summer Market provides an important opportunity for local farmers to provide fresh food to the community, which is essential during the COVID-19 pandemic; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City. 1.1 Summer Market (May 7 through October 8): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Bell and Main Streets as outlined in Attachment A for farmer/producer-based vendors each Saturday. Packet Pg. 25 2.1.c 1.2 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Summer Market, as well as in the parking area under the City Hall building. 1.3 The City will allow food truck parking on 5th Avenue N, just north of the Public Safety Complex south parking lot entrance as outlined in Attachment A during the Summer Market. Trucks must be placed in a way that allows for visibility while exiting the parking lot. The reserved space for food truck parking outside of the Bell and 5m street closures will not exceed 40 feet. Food trucks must distribute their goods on the sidewalk side, not the street side, of the truck. 1.4 All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by the Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open -Air Market Ordinance. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. Also, all participants will be required to adhere to all provisions of State and local law to ensure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. 1.5 The City will install Summer Market banners as provided by Historical Society at approved sites. Historical Society will obtain a Street Banner Permit and pay the required fee. 1.6 The City will place eight barricades behind the Museum prior to May 1 for the duration of the Summer Market. 1.7 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.8 The City will install appropriate "No Parking Saturdays" signage on 5th Avenue North between Main and Bell Streets and on Bell Street between 5th Avenue North and 6th Avenue by April 27, 2022.Signage will include two portable A frame "no parking on Saturdays" signs to be placed on the north and south sides of Bell Street for the duration of the Summer Market. 1.9 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on -site collection containers, and any on -site collection containers for trash, recycling and composting. The City will also supply appropriate bags for each collection container and will bill the Historical Society for collection bags required at the Summer Market. The Historical Society will be responsible for transporting any items deposited in these containers to the City's collection site located along the south wall of Fire Station 17. 2 Packet Pg. 26 2.1.c 1.10 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid -day. The City will maintain responsibility for locking the restrooms in the evening. The City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society. 2.1 2022 Summer Market season: May 7 through October 8. 2.2 Set up hours begin at 6:00 a.m. on Saturdays on 51h Avenue and 6:30 a.m. on Saturdays on Bell Street. 2.3 During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. 2.5 For the Summer Market, street barricades are in place at 6:30 a.m. on Saturday and removed by 4:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. 2.6 The Historical Society will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Festival Association's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Festival Association's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association's insurance and shall not contribute with it. Packet Pg. 27 2.1.c The Historical Society will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.7 The Historical Society agrees that the Summer Market is a public event. The Historical Society further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.8 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.9 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked, City -supplied recycling, compost and waste containers throughout the Summer Market event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.10, below). 2.10 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Summer Market will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Historical Society will ensure that on -site collection containers are serviced properly and continually during the Summer Market. The Historical Society representative will meet with the City's Recycling Coordinator or representative prior to April 29, 2022, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.11 The Historical Society will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Historical Society of the immunity provided under Title 51 4 Packet Pg. 28 2.1.c RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.12 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.13 In addition, the Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Summer Market or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the events described in this Agreement. 2.14 Historical Society agrees to the following Market days: Summer Market: Saturdays, May 7 through October 8, 2022 Historical Society agrees to the following Market hours of operation: Set up: 6:00 a.m. - 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street) Open: 9:00 a.m. - 2:00 p.m. Takedown: 2:00 p.m. - 3:30 p.m. 2.15 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in the Summer Market. 2.16 Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of the Summer Market. 2.17 Historical Society will provide a portable Sani-Can at 537 Bell Street for the duration of the Summer Market season. 2.18 Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the garbage can located in Veteran's Plaza two (2) times per day and monitoring and prompt cleanup of any and all spills. 2.19 Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage s Packet Pg. 29 2.1.c generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.20 Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.21 Upon the completion of the event, Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the event. 2.22 Historical Society will pay the City all permit fees, in accordance with provisions of Chapter 4.90 ECC, for the above -mentioned facilities use and services at least ten (10) days prior to the event. 2.23 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.24 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, 6 Packet Pg. 30 2.1.c official, agent, employee or representative of the Historical Society will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Historical Society in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, and the City related to the COVID-19 pandemic. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Governor's Spectator Events COVID-19 Requirements, which contains hyperlinks to related resources and any updates to its requirements, may be found at: https://www. govemor.wa. gov/sites/default/files/COVID 19%20Spectator%20Event%20G uidance.pdf. The Historical Society shall consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. DATED this day of CITY OF EDMONDS: Mike Nelson, Mayor ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2022. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Barb Fahey, Board Chair Packet Pg. 31 2.1.c Je7��2 d y�asnW S Z 0 w O 1D !D 3 Gi N S. = c o Vf N n m c o 7 N r Q N O O C C O ID N 7 LA C . O s 3 S Q0 3 � H d T m -Or- z o � � o Q ; H S � o < 7 � u 0 tD O C N 7 H 7 c � Attachment A \\QN w-) _ t Z S s s �O �� S All, j •and ��aoN j t K Packet Pg. 32 I 2.1.c I ACCPR of CERTIFICATE OF LIABILITY INSURANCE 04DATE IN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE7 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject ti the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Larry Spilker ext 203 Pro Insur, Inc dba Campbell Risk Management 9595 Whitley Drive, Suite 204 Indianapolis, IN 46240 Larry Spilker Ext 203 INSURED Edmonds -South Snohomish County Historical Society & Museum dba Edmonds Museum dba Edmonds Summer/Garden Market 830 Bell Street Edmonds Washington 98020 NAME. PHONEo 317-848-9075 AC AIC NExt: No: 317-848-9093 E-MAIL___ Ispilker@campbellrisk.com INSURER(S) AFFORDING COVERAGE INSURERA: HANOVER INSURANCE GROUP INSURER B : INSURER C INSURER D INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: NAIC # 22292 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000 CLAIMS -MADE FIVI OCCUR X X AA4031 LHW D481967-02 - 03 05/04/2022 05/04/2023 DAMAGE TO RENTED PREMISES Ea occurrence $ 100, MED EXP (Any one person) $ 5, PERSONAL & ADV INJURY $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000, POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 4,000, $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's operation. Blanket additional Insured applies per coverage form 421-2915 06 15. Certificate hold( if any, is hereby an additional insured. CERTIFICATE HOLDER CANCELLATION City of Edmonds 121 - 5th Ave N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Edmonds, WA 98020 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ga� C. r N V f� C O L) r C N W R N a) LL to 0q0 oQ N )001 C Ac: Q )(o DCd Y L a+ C a) E a) d L a_ C a) > W a) Y L E E N N N rg r c a) E cr: a // @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Pg. 33 2.2 City Council Agenda Item Meeting Date: 03/8/2022 Public Safety Complex Public Art Project Staff Lead: Frances Chapin Department: Arts Commission Preparer: Laurie Rose Background/History The Edmonds Arts Commission (EAC) was established by City Council in 1975 (Ordinance 1765). The overall mission of the Arts Commission is to ensure that the arts are integral to our community's quality of life, economic vitality, and central identity. In 1975 the Percent for Art Ordinance 1802 was also adopted, providing a funding source for future public art. The Arts Commission is charged with advising and making recommendations to the Mayor and City Council with regards to public art. The City Gift and Deaccessioning policy (2007) outlines the process for donations of public art, including review by the Edmonds Arts Commission and a Public Hearing at City Council for gifts valued at over $5,000. In considering a proposed donation the EAC takes into account the following factors among others: Aesthetic Quality and Artistic Merit Site and Context Relationship to the Collection as a Whole Representation Community Process Technical Specifications Adjacent/surrounding site conditions if applicable Dimensions Materials Colors Power, lighting, plumbing or other utility requirements Construction/installation method Durability and Life Span Vandalism and Safety Maintenance and Preservation The Floretum Garden Club has a long and rich history of working with the City to create floral beauty in Edmonds. In 2021 the Floretum Garden Club approached the City about the possibility of creating an artwork to be donated to the City in commemoration of the Club's 100t" anniversary. Floretum Garden Club signed a MOU with the City in September 2021 regarding creation of an artwork on the Public Safety Complex site, and the MOU was redone in December 2021 to establish the final site for the artwork. Floretum representatives met with the City Arts Commission to discuss the process, sent out a call to artists, and conducted an artist selection process for a mosaic artwork. The selected artist, Jennifer Kuhns, was presented to the Arts Commission and she worked with the City Arts & Culture Packet Pg. 34 2.2 Manager and the City Parks Manager to finalize her concepts for the selected site at the corner of Bell and 6ch Ave N on the Public Safety Complex site. Staff Recommendation Park & Public Works Committee forward to a Council meeting with a presentation of the design concept by artist Jennifer Kuhns at a Public Hearing and for consideration of Council to approve acceptance of the proposed donation from the Floretum Garden Club. Narrative The Floretum Garden Club has been working with the City Parks, Recreation and Cultural Services Department for the past 8 months on a proposal for a donation of public art to commemorate the Club's 1001h anniversary. On February 7, 2022, the Arts Commission recommended that City Council proceed with a Public Hearing and approve the proposed donation by the Floretum Garden Club of artwork by Jennifer Kuhns. The EAC appreciated the donation of a significant artwork for a prominent site on the Public Safety Complex and noted that this will be the first sculptural mosaic piece in the City's public art collection. The artist will fabricate and install the piece once the donation has been accepted by City Council. The actual transfer of the ownership of the artwork to the City will be finalized after completion and installation of the artwork in summer 2022. Attachments: Agreement of Transfer of Work of Art 2_8_22 Draft Min Feb _7_22 Floretum Garden Club COE Landscape Bed MOU signed 12.17.21 Jennifer Kuhns proposal CC agenda Packet Pg. 35 2.2.a City of Edmonds Parks, Recreation & Cultural Services Department AGREEMENT FOR TRANSFER OF OWNERSHIP OF ARTWORK THIS AGREEMENT (hereafter "Agreement,") is made and entered into as of the last date set forth below between the Floretum Garden Club, a 501(c)(3) non-profit organization (hereafter the "Owner"), and the City of Edmonds, a Washington municipal corporation (hereafter the "City"), to document the transfer of ownership and possession of certain artwork to be donated and installed on public property (hereafter the "Artwork"). RECITALS A. On September 15, 2021, the Owner and the City entered into a Memorandum of Understanding (MOU) to document the parties' intent for the Owner to obtain and donate the Artwork, for the City to accept the Artwork for installation on public property, and to document the parties' respective rights and obligations with respect to the Artwork. The MOU is attached hereto as Exhibit A and incorporated herein by this reference. B. The Owner's donation of the Artwork, and the City's acceptance of this donation, require a separate agreement for the transfer of ownership and possession of the Artwork to document the rights and responsibilities of the parties with respect thereto. A depiction of the Artwork is attached hereto as Exhibit B. C. The Owner warrants that it has the authority to transfer its rights, title to and possession of the Artwork to the City. A copy of the instrument transferring title from the artist who created the Artwork (hereafter the "Artist") to the Owner is attached hereto as Exhibit C. Now, therefore, the Owner and the City, for the consideration hereinafter named, agree as follows: AGREEMENT 1. Transfer of Rights, Title and Possession. Immediately upon full execution of this Agreement, the Owner hereby transfers all rights that it possesses, and title to and possession of the Artwork to the City, and the City accepts all such rights, and title to and possession of the artwork. 2. Transfer of Guarantees. The Owner hereby transfers any and all guarantees provided by the Artist relating to the Artwork, including but not limited to those relating to defects in the Artwork and the right to graphically reproduce the Artwork for non-commercial purposes. The Owner reserves the right to use images of the Artwork for non-commercial purposes, as agreed with the Artist, after the transfer of title to the City. 3. Identification. Identification of the Artwork and the Artist is incorporated in the plaque provided by Floretum, with City approval, that accompanies the artwork and is installed in the landscaping. Kates_ 2_3_22 Packet Pg. 36 2.2.a 4. Changes and Relocation. Although the intent is for the Artwork to remain installed at the original site, the City may relocate, loan, store or sell the artwork in its sole discretion with written notification to the Artist and to Floretum Garden Club. The City shall make no alterations to the Artwork. If any material change occurs to the Artwork after it has been installed (whether such change is intentional or accidental, and whether it is done by the City or others), including any change in the interrelationship or relative locations of the parts of the Artwork, the Artwork will no longer be represented as the work of the Artist without the Artist's consent. The City agrees that it will not intentionally destroy, damage, alter, modify or change the Artwork in any way whatsoever. 5. Damage. If the Artwork is damaged, the City of Edmonds shall contact the Artist before undertaking conservation, restoration, or repairs. Where possible, the Artist shall be consulted as to recommendations with regard to all repairs and restorations that are made during the lifetime of the Artist. To the extent practicable and in accord with accepted principles of professional conservation, the Artist may be given the opportunity to accomplish said repairs and restorations at a written, mutually agreed upon fee. 6. Defects. The City shall give written notice, with reasonable promptness, to the Artist regarding observed defects in materials or workmanship in the Artwork. The Artist has guaranteed to repair or replace any defects of material or workmanship in the Artwork within thirty (30) days after notice is sent by the City for a period of one (1) year after the date of this Agreement. The Artist's liability shall be limited to the cost of repairs. The Artist shall guarantee and maintain the installation of the Artwork from defects or damages that arise from improper installation for a period of one (1) year after the date of this Agreement. 7. Graphic Reproduction. As agreed between the Artist and the Owner, the Owner and the City shall have the right to graphically reproduce the Artwork for non- commercial purposes, including but not limited to reproductions used in brochures, newsletters, advertising or other media, and the Artist shall not unreasonably refuse the Owner or the City permission to graphically reproduce the Artwork. The Artist reserves all rights under any copyright laws to which the Artwork may be subject that have not been transferred to the Owner. FLORETUM GARDEN CLUB THE CITY OF EDMONDS Title Date I: Title Date Kates_ 2_3_22 Packet Pg. 37 2.2.b edmonds ARTS COMMISSION MINUTES - Meeting via Zoom 4:45 pm February 7, 2022 The Edmonds Arts Commission: dedicated to the arts, an integral part of community life. City of Edmonds Parks, Recreation & Cultural Services Department PRESENT: Rhonda Soikowski Lesly Kaplan STAFF AUDIENCE Ashley Song Lisa Palmatier Frances Chapin Kelley McHenry, Inae Piercy, Harry Kirchner Tanya Sharp Laurie Rose Jennifer Kuhn, Chris Cossu, Joe Richard Chung Doug Merriman Mclalwain, Nora Carlson, Julaine EXCUSED: Georgia Livesey Fleetwood, Clark Wiegman The meeting was called to order at 4:45 PM by Rhonda Soikowski. Soikowski read the land acknowledgement. "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water."- City Council Land Acknowledgment ADDITIONS/CHANGES TO THE AGENDA — Comments will be taken via Chat for the two presentations, with Audience Comment at the end if there are other comments. MINUTES —Approval of Jan 3, 2022 minutes, Kaplan Moved to approve, Palmatier Seconded, Approved PUBLIC COMMENT/INTRODUCTIONS— Welcome to audience, and welcome to new Commissioner Kirchner REPORTS - A. Creative Programs Floretum Garden Club Art Proposal — Kelley McHenry introduced the artist Jennifer Kuhn, giving a little background on the project to place a mosaic artwork at 61" & Bell St on the SE corner of the Public Safety Complex site. The Floretum Garden Club is the oldest garden club in the state, founded in 1922, and over the years has made many contributions to the City. Floretum means place of flowers and to celebrate the 1001" anniversary the club wanted to create a permanent artwork that expressed "garden". Jennifer was selected through a competitive process. Working with a metal artist Abe Singer, she has developed a design with three sculptural components, flowers sitting in the bed. The metal framework supports glass mosaic panels that form the petals, celebrating nature and the reciprocity of gardens with colorful and joyful patterns. The maximum height allowable for the space per City code is 36" and the three elements will be slightly different sizes and heights. The base is set into the ground with metal support and concrete. Commissioners responded enthusiastically, also asking about maintenance. Kuhn noted that maintenance is minimal, she uses materials that will easily withstand the frost/warming cycle for the long term, and can be easily cleaned of most things from general grime to painted vandalism, and the pieces are repairable if needed. They are close to the sidewalk and benches and Commissioners liked the way they add interest and color to the site, and are close to the new Civic Park. The spatial arrangement of the three elements will be finalized by the artist once the pieces are fabricated. Sharp Moved and Kirchner Seconded that the proposed mosaic artwork be recommended for acceptance to the City Public Art Collection by the City Council, Approved. Packet Pg. 38 Edmonds Arts Commission Draft Minutes — 2/07/2022 2 2.2.b Civic Park Art Concept— Chapin introduced Wiegman who was selected for the Civic Park public art project last fall. Wiegman has met with a number of community groups, and presented at both the Diversity Commission and Youth Commission as well as at a community meeting. He noted that easy going in person dialogue with the community is more difficult during Covid, but presentations seemed well -received and he has had some good conversations online and in person. His written narrative about the concept he calls cascadia, outlines the background of the project and his evolving ideas about the relationship or dialogue between a 2D work and a 3D suspended artwork. Wiegman has multiple secondary ideas about ways to enliven the space and knit together the concepts that could be pursued in the future, but the secondary ideas are not part of the current budget. One piece related to community engagement that could be implemented is a website or blog that tracks the project and invites the community to engage with their input about what in the natural environment makes this a special place. Wiegman described his work as environmentally focused, looking at the land and water transitions. He sees this project as a celebration of the park as a crown jewel of the many green spaces and waterways in Edmonds. His goal is to create a sense of scale, both larger and small, with an installation that is bold, high impact; colorfully vibrant; warm and inviting; hearthlike; reflects mapping and patterning; day and night presence; and honors the natural environment. The art installation site, identified by the landscape architects in the master plan, is a large shelter adjacent to the restrooms with the wall of the restrooms at the east end. The cascadia concept Wiegman has created is a 3D lifeboat suspension in dialogue with a 2D seawall. He sees the suspended artwork as a metaphoric vessel, not literally a specific boat, but an iconic archetypal form. What is on the surface of the form is primary, is what draws people in. Wiegman sees seawall as a reference to the regional biome and the special relationship Edmonds has with the surrounding environment, and lifeboat as a beacon which represents our situation as humans related to local environment, with oars which capture the feeling of how it moves through space, the geometry of rowing and flight. The seawall graphics focus on the topography of place with much to be discovered in the patterning. The specifics of what is included in the imagery will evolve from the call and response with the community about the web of life. The project is still in the conceptual phase with more design development to be completed for the final design (with exact public -input lifeboat patterning and seawall mapping finalized as part of the fabrication phase). Discussion followed. Commissioner comments included enthusiasm about the interest in the "mash up" of the idea, the sense of motion conveyed, the multi -sensory appeal, celebration of teamwork and way it calls up many different images; liking the vibrant use of color; and the sense of discovery in the graphics with multiple layers of imagery giving people many things to think about which includes the community of all ages. Commissioners asked questions about construction, boat structure, vandalism, materials, sound components (birds, water...), and how the community would be involved. Wiegman discussed materials (use of vinyl graphics, fiberglass, aluminum, stainless steel, RGB LED lighting and industrial mp3 players) and the importance of base project site and spot -lighting which will enhance artwork visibility and contribute to the experience of the suspension as a safe and welcoming place day and night. He acknowledged concerns about durability, maintenance and potential vandalism are on his radar screen, have been successfully navigated in numerous previous projects and will be fully addressed during design development and CDs/engineering review phases. Commissioners suggested that Wiegman look closely at traditional indigenous boat designs to be sure that the life boat form while called generic is not accidentally using an image very close to a specific indigenous design. To that end it was noted that the Suquamish Museum has a large indigenous canoe suspended on exhibit (other suspended boats include rowing shells at UW). Wiegman expressed awareness of the potential issue of cultural appropriation, stressing that the form is generic and universal, representing an archetypal human -powered vessel, and that this boat form serves as a canvas for graphic flora/fauna elements. Commissioners want to make sure there is a plaque that tells the story in part and refers to more information on the website. The budget for the artwork is for lifeboat and seawall elements, including internal boat lighting (spotlights are part of the base project budget) and possibly sound, but Wiegman is willing to be a resource to help get secondary projects (ceramic tiles on benches, petanque grove poetry, plantings etc.) off the ground if Packet Pg. 39 2.2.b Edmonds Arts Commission Draft Minutes — 2/07/2022 3 possible. Commissioners expressed appreciation for a project scope of work charged with ambitious civic goals within an acknowledged modest budget. The next step is a Zoom public meeting in which Wiegman will present his concept for community comment. 3. On the Fence Recommendation — Palmatier reported that the review committee under the new process included herself, Song and Kaplan. Exhibits are for 6 months. Priority was given to artists whose proposals used the fence as a canvas. The Commission had already agreed that Floretum Garden Club could use the fence March — August and Chapin will contact them about the proposal by Mona Smiley -Fairbanks. Three additional artists were selected to complete the schedule. Palmatier showed the proposals by Tsovinar Muradyan, Christina Caravaglio, and Sophia Fang. Soikowski Moved recommendations for OTF be approved, Song Seconded, Approved. Staff will review and finalize locations before contacting the artists. Commissioners inquired about the possibility of additional fences in the future and staff will explore. 4. Literary Arts/Poetry Project — Kaplan welcomed new Commissioner Kirchner and thanked him for jumping right in to participate on the WOTS steering committee. The potential keynote is not able to participate this year so they are back to the drawing board for a keynote. She thanked Soikowski for suggesting the adopted name, Poets Perspective, and said the judging will take place after the Feb 24 deadline with 3 commissioners and up to two outside judges. Poems will be posted in April for National Poetry month. Rose mentioned that the Best Book Poster Exhibit is underway with a few posters submitted already. C. Funding & Administration STAFF REPORT —Chapin reported that City buildings are scheduled to reopen on March 15. NEW/OTHER BUSINESS — Adjourned: 6:41 pm Packet Pg. 40 2.2.c MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EDMONDS EDMONDS FLORETUM GARDEN CLUB This Memorandum of Understanding (MOU), dated December 17th_, 2021, is between the City of Edmonds, a municipal corporation, ("the City"), and the Edmonds Floretutn Garden Club, a 501(c)(3) non-profit organization, ("the Floretum Garden Club"). Upon approval by all parties of the enclosed terms in this MOU, the City authorizes the Floretum Garden Club to access the Landscape Bed (`Bed") located on the southeast corner of the Public Safety Complex facing Bell Street (refer to Attachment A: Landscape Bed Location) and to begin the activities authorized herein. In consideration of the mutual promises and covenants herein contained, to be kept, performed and fulfilled by the respective parties hereto, and other good consideration, it is mutually agreed as follows: A. PURPOSE. 1. Enhance the Bed area with a donated art piece to commemorate the 100th anniversary of the Edmonds Floreturn Garden Club. 2. Modify the Bed plantings at the discretion of Parks Maintenance. B. PUBLIC ART PROCESS. 1. The Floretum Garden Club will develop concept(s) for a piece of public art to be incorporated into the Bed. The concept(s) will include: a. Proposed art piece location, size not to exceed 3' maximum height, and type of base as approved by the City. b. Proposed location for a plaque that provides information on the Floretum Garden Club's 100th anniversary. The plaque will be located within the Bed and will face the sidewalk. c. Lighting of the art piece is not included in this project. d. Consideration of the existing locations of benches, building lights, underground utilities, and irrigation lines, and ensure that the art piece meets the minimum clearance requirements from underground utilities, setbacks, and does not block visibility or pedestrian access to the sidewalk. 2. The Floretum Garden Club will present the donation concept to the Edmonds Arts Commission (EAC) to initiate the donation process. 3. The Floretum Garden Club will develop the Call for Artists and lead the selection process, provide full funding for all expenses related to the creation and installation of the art piece per City requirements, and ensure that maintenance of the artwork will be minimal for at least 20 years. 4. After an artist has been contracted to develop site specific concepts which meet City standards for public art, the Floretum Garden Club will present the concept(s) for review at a regular EAC meeting for preliminary comment/recommendation and final design specifications and a rendering of the proposed project in the site will be prepared by the artist. Packet Pg. 41 2.2.c 5. The Parks Department will inform the City Council Parks and Public Works Committee about the proposed project. 6. A final recommendation regarding acceptance of the donation will be made by EAC to City Council once final design and specifications are completed by the artist with a visual rendering of the artwork in the specified site. The recommendation goes to City Council with a public hearing for acceptance by the City of the art piece as designed for the specified site. 7. Formal transfer of ownership will take place once the artwork is completed and installed. 8. The Floretum Garden Club will develop the design for the plaque and the City will review and approve the design prior to fabrication. C. RESPONSIBILI"PIES. 1. The City will: a. Work with the Floretum Garden Club and the selected artist to communicate requirements for the artwork and installation, including review by the Arts Commission and Parks staff. b. Provide modification of existing plantings after installation of the artwork. c. Maintain the sidewalk adjacent to the Bed. d. Evaluate implementation of this MOOT on a regular basis to determine how effectively the purposes of the MOU are being met. e. Schedule meetings with the Floretum Garden Club if needed, which may take place at the Bed location. 2. The Floretum Garden Club will: a. Provide the art piece design/layout for City review and approval in accordance with the Public Art Process noted above and work with the artist to respond to any concerns expressed by the Arts Commission or Parks staff in preliminary review. b. Provide the design and layout of the commemorative plaque for City review and approval, meeting requirements for accessibility and not to exceed approximately 16" x 24" in size. c. Arrange for, and have approved by the City, the delivery and installation of the base for the art piece, the art piece, and the commemorative plaque. d. Ensure that all volunteer events are pre -approved by the City prior to scheduling, to avoid conflicts with other activities at the site. D. FUNDING. 1. The Floretum Garden Club will fund the following items: a. Materials and installation for the City approved base for the art piece. b. Installation of the art piece, including any permits required. c. Artist design and fabrication fees. d. Fabrication, materials, and installation for the commemorative plaque. 2. The City will fund the following items: a. Purchase and installation of any additional plantings. b. Any modifications to the irrigation system needed. 3. This MOU is neither a fiscal not a funds -obligation document. Nothing in this MOU shall obligate either party to obligate or transfer any funds. Specific work projects or activities that involve the transfer of funds, services, or property among the various 2 Packet Pg. 42 2.2.c agencies and offices of the City and the Floretum Garden Club will require execution of separate agreements. 4. The City and the Floretum Garden Club will handle their own activities and utilize their own resources, including the expenditure of their own funds, in pursuing these objectives. Each party is permitted to carry out its separate activities in a coordinated and mutually beneficial manner. E. MODIFICATION. This MOU is at -will and may be modified only by written mutual consent of authorized officials from the City and the Floretum Garden Club. This MOU shall become effective upon signature by the authorized officials from the City and the Floretutn Garden Club and will remain in effect until modified or terminated by any one of the partners by mutual consent. E TERM / EXPIRATION/ RENEWAL Access to the site may commence on the date of this MOU. The effective date of this MOU shall be the date of the last signature hereto and will remain in effect for a term of five (5) years. The City may choose in its sole discretion to extend the MOU on the same terms and conditions by delivering a written notice to the Floretum Garden Club at least one hundred eighty (180) calendar days prior to the end of the term. G. TERMINATION. This MOU may be terminated by either party at any time by providing thirty (30) days written notice to the other party. In the event this MOU is terminated: a. The public art piece, base and plaque will remain the property of the City. H. CONTACT INFORMATION. The principal contacts for this instrument are: City Representative: Angie Feser, Director Title: Parks, Recreation & Cultural Services Street Address/PO Box: 700 Main Street City, State & Zip: Edmonds, WA 98020 Telephone: (425) 771-0230 Email: Angie. feser a@edmondswa.gov FIoretum Garden Club Representative: Inae Piercy Title: President Street Address/PO Box: 733 Melody Lane Packet Pg. 43 2.2.c City, State & Zip: Edmonds WA 98020 Telephone: 425-220-1277 Email: Inae.piercy@gmail.corn L ENTIRE AGREEMENT. This MOU constitutes the entire agreement of the parties and supersedes all other agreements, written or oral, including the previous MOU dated September 9, 2021, which was fully executed on September 15, 2021, and which the parties hereby mutually rescind. THE PARTIES HERETO have executed this instrument. 12/17/2021 ANGIE FESER Date Director of Parks, Recreation, & Cultural Services City of Edmonds /fie— 2J I '7 l Zo 24 INAE PIERCY Date President Edmonds Floretum Garden Club ATTACHMENT; a. Attachment A: Landscape Bed Location & Utilities Packet Pg. 44 r� ■ city 1 Is of Edmonds Attachment A: Location L 1: 189 0 15.79 31.6 Feet 282 23.5 This map is a user generated static output from an Internet mapping site and is reference only. Data layers that appear on this map may or may not be accura WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliat © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC _,„w,, X r. d 0 � �� •�� � MDunilak ++ N Legend 2 ArcSDE.GIS.STREET_CENTERLIN d — <all other values> .. 1 N ti 2 N 5; 4 9;71;7;8 � C T OC C m N Q fC V N C J LLI O U U C LL E Notes crs I Packet Pg. 45 Q I 2.2.c I " City of Edmonds Attachment A: Utilities �0 0 15.79 31.6 Feet 282 23.5 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION �itriw[it X ^ rL u 7�lii� d O 0 N Legend 2 Storm Catch Basins a ❑ Edmonds .. ❑ Private N ti ■ Infiltration N Storm Manholes p Edmonds C O Private a1 Infiltration • Detention Facilities Culvert • <all other values> m • Yes Q fC o Facility Feature N = Creeks C R Storm Line J — <all other values> LU 0 No, BNSF; No, COUNTY; No, LY V MOUNTLAKE TERRACE; No, PC Q SHORELINE; No, STATE; No, W 3 — Yes, EDMONDS; Yes, PRIVATE; V C Facility Lines L — Storm Ditch Hydrants E 4K Edmonds d a Other L 0 PRV LM_ V;I lvpq C C Notes c� Q Packet Pg. 46 1 2.2.d Edmonds Floretum Garden Club Proposal Artist: Jennifer Kuhns Contact: ienniferaikmosaic.com / 360-482-8024 h. / 360-870-0356 c. ARTWORK OVERVIEW: This proposal is for a sculptural artwork suggesting a set of three flowers emerging from landscaping to celebrate the Edmonds Floretum Garden Club centennial. The artwork will be joyous and textural, made of highly reflective, luminous stained glass on metal substrates. The work will be a collaboration with metal sculptor Abe Singer, Abe's Iron Art LLC. DESIGN: Three sculptures represent stylized flower buds. There will be one bud with the tops of the petals curling out that will be the maximum 36" height. The other two flowers will be 31" with the petal tips curving slightly, as if they are in an earlier stage of blooming. The shapes will be simple and similar for balance and continuity. By working in collaboration, the metal framework can be fabricated at the same time that the mosaic is being made onto flat substrates, then the mosaic surface can be attached to the metal lath (rather than gluing the mosaic directly to a substrate, which would take much longer.) These sculptures will be 3 dimensional, but made of flat sections that radiate out from a center point with a graceful negative space in the middle. This way, the artwork will be visually interesting and also easier to complete within a very short time frame of three months. The metal sculpture base also allows for a much easier installation, as it doesn't require the pouring of a concrete plinth. Flower buds emerging from the ground symbolize awakening, renewal and potential. These sculptures will invoke a feeling of springtime; the shift from darkness and dormancy to regeneration and new energy. Meanwhile, there will be individual elements incorporated into the mosaic (pollinators, mushrooms, birds, ferns etc.) to represent abundance. This artwork will serve as a celebration of the joy and satisfaction we experience when we plant and tend a garden, then see how it attracts and sustains other life forms, becoming more than the sum of its parts, giving back to us in profound ways. Please see attached technical drawings.The renderings of the sculptures in situ feature designs that are being re -worked and streamlined to be more elegant, with stained glass mosaic that follows the contours of the petals, with depictions of other garden elements here and there. MATERIALS: Exterior -friendly tile board such as Durock or Go -board, stained glass, glass tile, Laticrete Titanium 257 thinset, Laticrete Spectralock 1 epoxy grout, 304 stainless steel and/or A606 (Corten) weathering steel for edges and footings. MAINTENANCE: The mosaic will be created with stained glass, which is impervious to weather. It will be adhered to the tile board with Laticrete thinset, which is a very strong mortar that holds stained glass securely, and contains polymers that help it contract and expand with temperature fluctuation. The mosaic will be grouted using epoxy grout, which cures to a nearly indestructible hardness. Packet Pg. 47 2.2.d Mosaic, installed correctly, is extremely durable. It withstands freeze -thaw cycles, is touchable and washable. It should stay relatively clean on its own, but can be cleaned with vinegar or glass cleaner and a lint -free rag, or can be shined with superfine steel wool when dry. My public mosaic has been the victim of tagging, and has cleaned up easily. In only one instance, hard impact with a blunt object caused damage to the glass and I was hired to replace those sections. If something like this were to occur, I reserve the right of first refusal for the repair. If I were unavailable for some unforeseen reason, another mosaic artist with strong glass cutting skills could do the repair, preferably using Laticrete materials, as specified in a maintenance plan that I will provide at the conclusion of the project. Similarly, 304 stainless steel and/or A606 (Corten) weathering steel are virtually maintenance free. Periodic cleaning can be done with mild soap and water. Graffiti can be easily removed with standard graffiti removal products. ADDITIONAL NOTES: I have a WA State business license, am a specialty contractor, and I am licensed and bonded Abe Singer is an AWS certified welder. ADDENDUMS: • Budget • Three technical drawings • One animation • Mosaic design concept sketch • Digital rendering of sculptural shapes in situ • Mosaic Examples: A sampling of some of my previous work in keeping with the theme of this project. • Mosaic petal sample Packet Pg. 48 2' 8 1/2 5/8" 304 stainless rods curved to radius and 304 stainless expanded metal lath 1 1/4" x 1/4" stainless flat ba 1/4" reenfo 14"concrete for 5/8" 304 stair 1 2' 11 9/16" t 14" concrete form tube all joints welded with E 308 FCAW electrodes m O L. a Q s a x m a E O U r d O Cn V a d CM M U U O Q O L Q w Y m d E s Q Packet Pg. 49 FA 'OP 40 pw Z-7 I— - . Id. 4% -. �� ,W-1 ��� A t f r -ww`4% t JL f f Ir A j01 0 . F 4W # qk 44 + 4op }j i • T ~ -- *'aid. * # - jo Ar Ll 6 z VP F r id _ — JWd Ma. { Aar r %0 i V7 34 Ap I Y.- .11.1- 1! im -W In * i Oft e - - T U co IP a 2.3 City Council Agenda Item Meeting Date: 03/8/2022 Civic Park Public Art Project Staff Lead: Frances Chapin Department: Arts Commission Preparer: Laurie Rose Background/History The Edmonds Arts Commission (EAC) was established by City Council in 1975 (Ordinance 1765). The overall mission of the Arts Commission is to ensure that the arts are integral to our community's quality of life, economic vitality, and central identity. In 1975 the Percent for Art Ordinance 1802 was also adopted, providing a funding source for future public art. The Arts Commission is charged with advising and making recommendations to the Mayor and City Council with regards to public art. For each public art project the Arts Commission works with staff to define the project, identify the best process for selection, and develop a call for artists that is approved by City Council. On February 18, 2020, the call to artists for Civic Park, with a total artist budget of $90,000, was approved by City Council. The City's public art process for integrated design selects and hires an artist based on their qualifications and past work to design, create and fabricate public art in a designated location. In accordance with this process, a five member Selection Panel was established in spring 2020 with the following members: Kristiana Johnson - City Council representative; Marni Muir - Arts Commission representative; Isabela Wilhelm - student representative; Jack Mackie - Edmonds resident and professional public artist; and Steve Shelton - downtown Edmonds resident and business owner. Due to the pandemic the selection process was conducted on Zoom. On September 23, 2021, five finalists were interviewed at an advertised public meeting on Zoom and the panel selected Clark Wiegman to recommend to the Arts Commission for the Civic Park art project at their October 4 meeting and EAC recommended Clark Wiegman to City Council. The design contract ($18,000) with the artist was approved by City Council on October 19, 2021 following a Public Hearing. Staff Recommendation Park & Public Works Committee forward to a Council meeting with a presentation of the design concept by artist Clark Wiegman at a Public Hearing and for consideration of Council to approve the fabrication contract with the artist. Narrative Under the design contract, the artist Clark Wiegman participated in meetings with the park design team and with a variety of citizens and community groups, including the Diversity Commission, Arts Commission and Youth Commission. In addition to meeting with community members the artist has conducted other research as he developed a conceptual design for his proposed public art at Civic Park. Following a community meeting on February 24, 2022, Wiegman finalized his design and presented it to the Edmonds Arts Commission on March 7, 2022. Packet Pg. 52 2.3 At this stage in the process the next step is for the artist to present the recommended conceptual design at a Public Hearing prior to City Council approval of the second contract for final design specifications and fabrication ($72,000). Attachments: cascadia concept design narrative CC (3.4.22)opt Fabrication Agreement for Commissioned Artwork_drft (with SEC edits) 3.2.2022 Packet Pg. 53 2.3.a cascadia a conceptual design for public artwork at Edmonds Civic Park by Clark Wiegman Packet Pg. 54 2.3.a Described as `a love letter to the Salish Sea', the public artwork designed for Edmonds Civic Park is a multimedia, multi -sensory installation celebrating our collective relationship with the local environment. Using the shade structure as an armature for a suspended three-di- mensional sculpture and the restroom wall as a canvas for a supergraphic two-dimensional artwork, cascadia is a duet in illuminated form, vibrant color and organic patterning. Har- monized as a bold cohesive statement, cascadia will serve as a luminous greeting to the crowning jewel of Edmonds' emerald necklace of parks, streams and shoreline. mem r$� I Edmonds Civic Center Playfield Site Plan WAIKCR Cascadia expresses a relationship to the regional environment that brings viewers into a dia- log between form and shape, color and pattern, light and shadow, sound and silence, biota and habitat. It strikes a balance between iconic universality and locational uniqueness, par- ticularly as it relates to Edmonds' extensive green infrastructure and vibrant downtown cul- tural district. The project encourages viewers to contemplate their place within the web of life of our shared natural world. Through the spatial relationship between an iconic lifeboat and a luminous seawall, the artwork will create a feeling of belonging to a larger bio-region, fostering a sense of caring for each other and our environs. Packet Pg. 55 2.3.a Lifeboat is an archetype, a cross-cultural universal symbol of human -powered water trans- port, a beacon boat, a vivid vessel, a cargo kayak, a star ship, a proverbial ark, a cedar dream... Brackett's canoe, a Salish skiff, a Nordic clinker, a Chippewa raft, a Polynesian pon- toon, a Swahili mtumbwi, an Uro totora, a Neolithic dugout... an intricately -patterned sculp- tural form... a brilliant torso, a floating totem... a stylus, quill, pen, brush, scribe... flickering, flying, floating, rowing, writing, drawing... ... a beautiful seawall that's an iconic luminescent wayfinder, a topographical map, a land- scape painting, a giant terrestrial print, an expressionist canvas, a fantastic fresco, a cogni- tive landscape or mythical map of Cascadia... a habitat mural, a meditation on a watery cor- ner of the continent... an aerial view of watersheds, mountains and forests that signifies a gathering place for families, friends and neighbors. 2.3.a community outreach Background research and community outreach informs my overall approach. The concept draws on documented regional history, current maps, and environmental issues, along with conversations with residents and business owners, meetings with stakeholder groups and numerous walks through Edmonds' downtown, cultural district, waterfront and parks. Building on this framework, strategies to solicit community input on the patterning of lifeboat and mapping of seawall include a survey and interactive blog that will collect de- scriptions, images and sounds of residents' favorite area flora and fauna. The collected im- agery will be digitized and incorporated into vinyl graphics affixed to wall and suspension. Packet Pg. 57 lighting/landscape As base project infrastructure, lighting and landscaping will play a crucial role in determining the overall visibility and impact of cascadia. Spotlights will provide evening and nighttime illumination of lifeboat and seawall, enhancing site safety and visibility. Artwork spotlighting will be augmented with light and sound effects housed within the suspension, adding to the multi -sensory experience. Color -coordinated plantings within the entry ramp planter will ex- tend the esthetic -architectural palette, contributing to an inviting hearth -like sense of warmth throughout the plaza in all seasons. PAW, :.a Aik- �, ■ r 2.3.a Packet Pg. 58 2.3.a materials/technicals Utilizing the shade structure and restroom as mounting surface, suspension armature and shelter from the elements (rain, contaminants, UVs, wind, etc) allows the materials palette to expand. Vinyl graphics, resin -coated fiberglass and wood, stainless steel, aluminum, spe- cial effects RGB-LED lighting and soundwork are all viable approaches under these condi- tions. Given the shade structure will protect from a majority of UV daylight impact, vinyl graphics should last well beyond a decade. And urethane -coated fiberglass and wood, stainless steel and aluminum should last indefinitely. Internal lighting and electronics (programmable RGB- LEDs, industrial mp3 players and marine grade speakers) will require minimal maintenance while providing a long lifespan. The advantages of using vinyl graphics include the potential for bright color and complex patterning via digitization (offering easy replication and replacement with vector files in case of vandalism or other damage). This applies as well to all other products and materials used in this project, as everything will be replaceable. Qualities that may be appreciated in the fu- ture at a busy recreation park. Packet Pg. 59 2.3.a The suspension will be engineered and fabricated to withstand basic tampering (hanging/ shear load, projectiles, graffiti, etc), high wind loads and seismic events. Though exact speci- fications are to be determined during construction document review, the suspension will be held rigidly in place with stainless steel threaded rods anchored to the shade structure beams (via load -rated weld -on attachments). There will be an internal support structure retrofitted to the boat shell to provide structural bracing, reinforcement for attached oars and a secure location for internal lighting and soundwork. Packet Pg. 60 2.3.a preliminary budget research/design/review process research, outreach & preliminary concept development conceptual proposal development, presentations & approval final design development (engineering, CDs, budget) final review & approvals (to AC & City) subtotal fabrication, installation & documentation image compilation, layout, shop drawings & digitation lifeboat & seawall imagery/soundwork (incl outreach) vector enlargements digital files (maintenance/replacement) labor & materials boat, frame & oars vinyl graphics programmed RGB-LED lighting/soundwork suspension rigging installation vinyl graphics Genie lift forklift install crew supplies documentation photo/video/audio website/blog/podcast subtotal insurance, taxes & contingency insurance WA state excise taxes contingency (10%) subtotal $5000 $8000 $4000 $loon 0 $6000 $4000 $2000 $12,000 $8000 $4000 $loon $4000 $loon $loon $3000 $loon $3000 $3000 $53,000 $19,000 TOTAL $90,000 U as 0 L- a. a a Y a a u Packet Pg. 61 2.3.b City of Edmonds Parks, Recreation and Cultural Services Department FABRICATION AGREEMENT FOR COMMISSIONED ARTWORK THIS FABRICATION AGREEMENT FOR COMMISSIONED ARTWORK (the "Agreement") is made and entered into by and between the City of Edmonds, Parks, Recreation & Cultural Services Department (the "City"), and Clark Wiegman d/b/a Artifacture, Inc. (the "Artist"), whose address is 1214 NW 12111 Street, Seattle, WA 98177 and telephone number is 206-669-6082. This Agreement sets forth the terms for fabrication, installation and other work relating thereto of a site -specific public artwork described herein (the "Artwork") and such services related to the Artwork (the "Services"). The City desires to retain the Artist to perform the Services for the Civic Park project (the "Project") and the Artist agrees to perform the Services on the terms and conditions set forth in this Agreement. RECITALS WHEREAS, the City has committed to a public art program that will enrich and contribute to the understanding of art and culture of the Northwest; provide a cultural resource for the community; resonate with people of diverse backgrounds, visitors and local residents; encourage communities to engage with art and each other in a way that inspires repeat visits, and invites shared experiences; and that will enhance and support the design and experience of Civic Park; and WHEREAS, the Artist previously has prepared a design for the Artwork which has been approved by the City and pursuant to this Agreement has been selected by the City to perform the Services, all within established procurement policies and procedures. NOW, THEREFORE, the parties do mutually agree as follows: AGREEMENT SECTION 1. DURATION OF CONTRACT A. The term of this Agreement shall commence on the Effective Date, and shall terminate upon completion and acceptance of the Services, unless it is extended by agreement of the parties or terminated earlier pursuant to the terms and conditions of the Agreement. Notwithstanding the foregoing, the City reserves the right to extend the date for commencement of the Services based on the progress of the Project but any extension beyond two (2) months shall permit the Artist and the City to revise the Compensation by mutual agreement. B. If the Artist and the City have entered into any prior oral or written agreements for the Services, this Agreement supersedes and replaces any and all prior agreements or understandings. SECTION 2. SCOPE OF WORK A. The City shall oversee the activities of the Artist under this Agreement. The City may also hire an Art Consultant (the "Art Consultant") to coordinate and facilitate the Artist's work. Notwithstanding the foregoing, all final decisions under this Agreement shall be made by the City. Packet Pg. 62 2.3.b B. The Artist will perform the Services in a satisfactory and competent manner. Should the Artist engage any subcontractors in the performance of the Services, the Artist agrees that the Artist will cause all such subcontractors to be subject to and bound by the terms and conditions of this Agreement. The Artist shall identify all such subcontractors and their portion of the Services upon request by the Art Consultant or the City. Notwithstanding the foregoing, the Artist shall not assign the creative or artistic portions of the Services to another party without the prior consent of the City. Clark Wiegman shall perform the creative and artistic portions of the Services. The Artist agrees to comply with all applicable local, state and federal laws, regulations and ordinances regarding performance of the work and the Services. In providing Services under this Agreement, the Artist is an independent contractor. The Artist, its subcontractors, agents or employees are not employees of the City for any purpose. The Artist shall make no claim of career service or benefit rights, which may accrue to a City employee under state or local law. C. The City retains the Artist upon the terms and conditions contained herein to provide the Services described in Exhibit A ("Scope of Services") and incorporated into this Agreement by this reference. SECTION 3. COMPENSATION A. The City shall reimburse the Artist for satisfactory completion of the Services in an amount not to exceed $72,000 (the "Compensation"), payable in the amounts and upon satisfactory completion of the milestones specified in Exhibit B ("Scope of Compensation"). All amounts paid under this Agreement are inclusive of all applicable state and federal taxes including any Washington State Sales/Use Tax, if applicable, owed by the City as a result of this Agreement. It is the responsibility of the Artist to remit the sales or use taxes, if applicable, to the Washington State Department of Revenue. B. The City shall have the sole responsibility and authority for determining acceptable stages of completion and approval of the Services. It is understood that the City has no obligation regarding sales commissions or any agreements with galleries or agents with whom the Artist may have contracted. C. The Artist shall submit invoices to the City for payment as described in the Scope of Compensation, Exhibit B. D. If the Artist fails to comply with any terms or conditions of this Agreement or to provide in any manner the Services agreed to herein, the City may withhold any payment due the Artist until the City is satisfied that corrective action, as specified by the City, has been completed. This right is in addition to and not in lieu of the City's right to terminate this Agreement as provided in Section 18. SECTION 4. ADDITIONAL SERVICES OF THE ARTIST A. The City may request that the Artist provide extra services beyond those required in the Scope of Work. These services, if performed due to unusual circumstances not reasonably anticipated by the Artist causing the Artist extra work and expense, shall be paid for by the City if approved in addition to the Compensation. B. Payments for extra services shall be made on the basis of additional Compensation determined and must be approved in writing by the City prior to authorization of the extra services. Packet Pg. 63 2.3.b SECTION 5. RESPONSIBILITY OF THE ARTIST A. The Artist shall notify the City of changes in its address and/or email, and failure to do so shall be deemed a waiver of the City's responsibilities described in Sections 16 and 17. B. The Artist shall give credit in the following form for any public showings of photographic or other similar reproductions of the work: "From the City of Edmonds Public Art Collection." SECTION 6. RESPONSIBILITY OF THE CITY A. The City or its assigns shall examine documentation such as design drawings or changes to approved design, on -site installation plans and proposed work activity, and progress schedules submitted by the Artist, render decisions, and advise the Artist promptly to avoid any unreasonable delay in the progress of the Artist's work. B. The City or its assigns shall ensure that a plaque identifying the Artist, the title (if any) of the Artwork, the year of completion of the Artwork, and a copyright notice in favor of the Artist is displayed in the immediate vicinity of the installed Artwork. This plaque shall be provided at no expense to the Artist. C. The City or its assigns shall keep a current record of the disposition and condition of the Artwork and make that information available to the Artist upon request. In the case where the work was designed for a specific site, the Artist will be notified if, for any reason, the work has to be removed or moved to a new location, and the Artist shall have the right to consult with the City regarding the placement of the Artwork, pursuant to Section 16. D. The City will be responsible for determining if any building permits are required in connection with the construction and installation of the Artwork on the Project. If permits are required, the City agrees to submit to the appropriate governmental agency or agencies any necessary documentation to secure any permits and to pay all fees related to the issuance of any such permits. The Artist shall cooperate with the City if required by the City. E. The City shall be responsible for providing information on design specifications pertaining to the attachment of the Artwork to the Project. The Artist and the Artist's Engineer shall coordinate with the City's team to develop an agreed upon structural attachment approach. The City shall ensure that all structural specifications, work and substrates necessary for attachment of the Artwork to the Project are in place before the Artwork installation begins. SECTION 7. HOLD HARMLESS AND INDEMNIFICATION A. To the fullest extent permitted by law, the Artist shall indemnify, defend and hold harmless the City, and each of their officers, managers, agents and employees from and against all claims, including reasonable attorneys' fees, resulting from claims by third parties arising out of or incident to the Artist's or any subcontractor's or any of their respective agents', employees' and officers' misconduct or acts or omissions in the performance of the Agreement. "Claim" as used in this Agreement means any economic loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable to the breach of this Agreement or for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom arising out of performance of the Services. The Artist's obligation to indemnify, defend and hold harmless includes (without limitation) any Claim by Artist's agents, employees, representatives, or any subcontractor or its employees. For the sole purpose of effecting the indemnification obligations under this Section and not for the benefit of any third parties unrelated to the indemnified parties, the Artist specifically and expressly waives Packet Pg. 64 2.3.b any immunity that may be granted it under the Washington State Industrial Insurance Act (Title 51 RCW) or similar acts of any other state (Artist to Initial here: ). Further, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under Worker Compensation Acts, Disability Benefit Acts or other employee benefit acts. B. Provided, however, that: (1) the Artist's obligations hereunder do not extend to Claims caused by or resulting from the sole willful misconduct or sole negligence of the City or Development Manager and their officers, agents or employees; and (2) the Artist's obligations to indemnify, defend and hold harmless for Claims caused by or resulting from the concurrent negligence or concurrent willful misconduct of the indemnifying party and the indemnified party shall apply only to the extent of the negligence or willful misconduct of the indemnifying party, its officers, agents, or employees. C. Each party will bear full responsibility for any and all of each party's respective tax liabilities owed that may arise in relation to this Agreement, and each party will indemnify and hold the other party, its officers, agents and employees harmless from any tax liability owed by the other party arising from or related to this Agreement, including, but not limited to, any taxes, penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying party and further including all attorneys' fees and costs incurred in response to any claims or assessments by any tax authority against the indemnifying party, its officers, agents and employees. D. The obligations in this Section shall survive termination or completion of this Agreement as to any claim, loss or liability arising from events occurring prior to such termination or completion. SECTION 8. INSURANCE A. During the term of this Agreement, the Artist and/or its sub -contractors shall maintain at the Artist's expense and/or the expense of its sub -contractors, the insurance coverage described in this Section, unless otherwise approved in advance and in writing by the City. All insurance should be issued by companies admitted to do business in the State of Washington, having a rating of A-, Class VII or better in the most recently published edition of Best's Reports. The Artist shall maintain all required insurance continuously from the time originally specified, throughout the term of this Agreement. B. Required Insurance. 1) Workers Compensation, in statutory amounts with Employers' Liability Limits not less than $1,000,000 each accident, injury or illness. The Artist shall obtain such insurance prior to execution of this Agreement. If the Artist has no employees, then the Artist need not provide to the City with proof of Workers Compensation insurance. 2) Professional Liability Insurance for all licensed design professionals (such as architects or engineers), who provide Artist or Artist's sub -contractors with services and documentation as part of the Artist's obligation to meet the terms of this Agreement. Such insurance shall have limits not less than $1,000,000 for each claim with respect to negligent acts, errors and omissions. If the policy contains a general aggregate limit, it shall be at least two (2) times the required claim limit. Any design professional required to obtain professional liability insurance shall maintain such insurance, and proof thereof, for the term of this Agreement. If professional liability insurance is written on a "claims made" basis, the policy shall provide full coverage for prior acts, or include a retroactive date that precedes the effective date of the Agreement. Artist is required to maintain coverage as specified herein for a period of thirty-six (36) months after Packet Pg. 65 2.3.b completion of the Agreement. This requirement may be satisfied by either the continuous purchase of professional liability insurance or by an extended reporting period. 3) Commercial General Liability Insurance, with limits not less than $1,000,000 for each occurrence, Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, and Advertising Injury, Products and Completed Operations and shall contain separation of insureds (cross -liability) condition. If such CGL insurance contains aggregate limits, the "general aggregate" limit shall be at least twice the "each occurrence" limit. CGL insurance shall have a "products completed operations" aggregate limit of at least two times the "each occurrence" limit. 4) Business Auto Policy. The Artist shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising out of "any auto". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. C. Additional Insured Coverage. 1) Commercial General Liability Insurance (CGL): The Artist shall name the City, including its appointed officials, agents and employees, as Additional Insureds with respect to general liability arising out of activities performed by or on behalf of the Artist, products and completed operations of the Artist, and premises owned, leased or used by the Artist. The policy of commercial general liability insurance shall waive subrogation against the City. 2) All policies shall provide thirty days' advance written notice to the City of reduction or nonrenewal of coverages or cancellation of coverages for any reason. 3) Except as prohibited by law, the Artist waives all rights of subrogation against the City for recovery of damages to the extent they are recovered by workers' compensation, employers liability, commercial general liability or commercial umbrella liability insurance. D. All insurance policies required under this Agreement shall be issued by insurance companies reasonably acceptable to the City. The Artist shall: 1) furnish to the City certificates of insurance and additional insured policy endorsements, and 2) furnish complete copies of policies promptly upon the City request. All of the policies required by the Artist shall be primary and any insurance carried by the City shall be excess and non-contributory to the Artist's policy. All insurance provided in compliance with the Agreement shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the City. By requiring insurance herein, the City does not represent that the coverage and limits specified will be adequate to protect the Artist, and such coverage shall not limit the Artist's liability under the indemnities and reimbursements granted to the City under the Agreement. SECTION 9. EQUAL EMPLOYMENT OPPORTUNITY A. During the performance of this Agreement, neither the Artist nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Agreement. B. The Artist shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Executive Order 11246 issued by the President of the United States. Packet Pg. 66 2.3.b SECTION 10. RECORD KEEPING AND AUDITS A. The Artist, including their subcontractors, shall maintain records in accordance with generally accepted accounting procedures and shall maintain evidence of all expenses incurred in the performance of this Agreement. B. The City shall, for the purpose of examination and audit, have access to and be permitted to inspect such records and other evidence of costs and expenses charged to the City and/or incurred for Services related to the Agreement for a period of six (6) years after completion of the Services. SECTION 11. PROPRIETARY RIGHTS AND RIGHTS OF REPRODUCTION A. The parties to this Agreement mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the property of the Artist, except as otherwise provided in this Agreement. B. None of the Artist's Services provided herein will be deemed "works for hire" for purposes of copyright law and the copyright will belong solely to the Artist subject to the terms of this Agreement. C. Except as otherwise provided herein, the Artist expressly reserves every right available to it at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproductions of any items that are conceived, made, discovered, written or created by the Artist pursuant to this Agreement. D. Notwithstanding the foregoing, the Artist authorizes the City and its assigns, to digitally and graphically reproduce by any and all means and media now or hereafter known, the Artist's designs, Artwork proposals and completed Artwork without prior consent of the Artist for purposes of advertising and promotion of the Project and for non-commercial purposes; provided that the City shall assure that all reproductions contain a credit to the Artist and a copyright notice substantially in the following form: "Title of the Artwork, © Artist's name, Date," provided further that such credit is not required in media, pictures, or other reproductions where the Artwork is an incidental element. E. The City is not responsible for any third -party infringement of the Artist's copyright and is not responsible for protecting the intellectual property rights of the Artist. It is understood that the Artist's proposal and other materials that may be created by the Artist as a result of this Agreement, as well as the completed Artwork, may be photographed by the public. F. This Section 11 is intended to be an express grant of limited rights of reproduction as set forth above. Any additional uses beyond the limited rights conferred pursuant to this Section 11 shall be subject to a separate written agreement between the City and Artist, specifically in the terms of use and appropriate royalty to Artist. SECTION 12. WARRANTIES A. The Artist warrants that the Artwork is the original product of its own creative efforts. B. The Artist warrants that the Artwork shall not infringe on any third party's intellectual property rights. C. The Artist warrants that the Artwork is limited to an edition of one (1). Unless otherwise agreed to in writing by the City, the Artist warrants that neither the Artist nor the Artist's agents will execute or authorize another to execute another work of the same image(s) or design(s) Packet Pg. 67 2.3.b comprising the Artwork. This warranty shall continue in effect for a period coextensive with the term of copyright protection for the Artwork under U.S. law, and shall be binding on the Artist and the Artist's heirs, successors and assigns. D. The Artist warrants that the Artwork shall be free from defects and faulty workmanship and be of good quality and workmanship suitable for its intended use. The Artist shall be responsible for a period of two (2) years from the date of installation of the Artwork for this warranty and the Services, including fabrication techniques of the Artwork and the installation. This warranty is subject to the following conditions and exceptions: 1) The Artist agrees to repair or replace at its expense by mutual agreement with the City, any Artist supplied item, part or accessory of the Artwork which in normal use has proven to be defective in workmanship or material, provided that the Artist is notified in writing by the City within twenty-four (24) months of the date of installation and provides the Artist with a reasonable opportunity to verify the alleged defect by inspection. Items supplied to the Artist by other vendors engaged by the City for use in, or on, the Artist supplied items are expressly not covered herein. 2) The Artist shall not be responsible for any claimed defect which has resulted from misuse, abuse, and improper repairs not performed by the Artist, alterations or failure to reasonably maintain the Artwork. Under no circumstances shall the Artist be liable for damages resulting from defects in structural supports or installation not performed or approved by the Artist or its subcontractors. 3) This warranty is the Artist's sole warranty with respect to defective materials and workmanship and sets forth the City's exclusive remedy with respect to defective materials and workmanship. SECTION 13. ARTIST'S RIGHT TO CREATE SIMILAR WORKS The City recognizes and acknowledges that the Artwork may be one of several artworks created by the Artist embodying unique artistic characteristics and expression comprising the Artist's personal and distinctive style and agrees that, notwithstanding anything herein to the contrary and subject to the warranty provided herein, the Artist shall have the nontransferable, perpetual right and license to create new artworks which may be considered "derivative works" of the Artwork, as those terms are defined under the Copyright Act (17 U.S.C. § 101 et seq.), but not replicas copies of the Artwork. SECTION 14. TITLE AND OWNERSHIP Subject to the rights outlined in this Agreement, all rights and interest in, title to and ownership of the Artwork shall be deemed transferred to the City upon final acceptance of the Artwork by the City and full compensation as outlined in Section 3 and Scope of Compensation Exhibit B paid to the Artist. Notwithstanding the foregoing, if the Artist fails to cure any defect or disputed portion of the Artwork to the City's satisfaction, the rights and interest in, title to and ownership of the Artwork shall be deemed transferred to the City upon payment by the City to the Artist of the Compensation minus the disputed amount. SECTION 15. MAINTENANCE The City or its assigns shall reasonably ensure that the Artwork is reasonably maintained taking into account the recommendations of the Artist as stated in the maintenance criteria provided by the Artist. SECTION 16. ALTERATIONS, RESTORATION AND/OR REPAIRS A. The Artist agrees to waive its rights under the Visual Artists Rights Act to the extent provided below: Packet Pg. 68 2.3.b 1) The Artwork is specifically created for the Civic Park entry area; therefore, the City will not alter, modify, relocate or change the Artwork, other than maintenance and repair, without consultation with the Artist regarding the proposed change, alteration, relocation or modification as provided below. 2) The Artist understands that the park will be periodically updated, remodeled, and changed to remain competitive and relevant for its intended use and that the Artwork may need to be altered, modified, relocated or changed to accommodate such remodeling and changes subject to subparagraph 4 below. 3) The City in consultation with representation from its then art advisors will use good faith efforts to reach agreement with the Artist on all alterations, modifications, relocations or changes to the Artwork, other than maintenance and repair, which are made during the lifetime of the Artist. 4) If the City and the Artist cannot agree regarding alterations, modifications, relocations or changes to the Artwork, the City may make such alterations, modifications, relocations or changes as it deems necessary and its decision shall be final. In that event, the City agrees to no longer represent the work as that of the Artist, upon receipt of a written request to that effect from the Artist, which shall be the Artist's sole remedy. 5) The provisions of this Section shall survive the termination of this Agreement. B. The Artist must notify the City in writing of changes in its address or email address. Failure by the Artist to notify the City, which results in the City's inability to contact the Artist via street address or email address, shall be considered a waiver of the notification of the Artist by the City as stated in this Section 16 and Section 17 of this Agreement. SECTION 17. TRANSFER OF THE ARTWORK TO ANOTHER OWNER If the City transfers title to the Artwork to any third party, the City agrees to notify the Artist and agrees to require any transferee to agree in writing, for the benefit of the Artist, to be bound by the requirements contained in Sections 11-16 of this Agreement. SECTION 18. TERMINATION A. This Agreement may be terminated by the City without cause, in whole or in part, at any time, by the City providing the Artist at least thirty (30) days prior written notice before the specified termination date. B. The City may terminate this Agreement, in whole or in part, upon seven (7) business days advance written notice in the event: (1) the Artist materially breaches this Agreement, or (2) the duties, obligations, or Services required herein become impossible, illegal, or not feasible. Upon any termination: 1) If the termination results from acts or omissions of the Artist in breach of this Agreement, including but not limited to misappropriation, nonperformance of the Services or fiscal mismanagement, the Artist shall return to the City immediately any funds misappropriated or unexpended which have been paid to the Artist by the City and may be responsible for any actual damages suffered by the City. 2) If the Agreement is terminated by the City as provided in this Subsection A above: (1) the City will be liable only for payment in accordance with the terms of this Agreement for services performed prior to the effective date of termination; and (2) the Artist shall be released from any obligation to provide any further services pursuant to this Agreement as are affected by the termination, upon written notification by the City to the Artist. C. The Artist may terminate this Agreement upon seven (7) business days advance written notice, in the event the City materially breaches this Agreement and the City fails to cure Packet Pg. 69 2.3.b such breach within the seven (7) business day period. If termination results due to material breach by the City, then the City may be responsible for any actual damages suffered by the Artist. D. Such termination shall not limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. SECTION 19. FORCE MAJEURE In the event the Artist despite its best efforts, is prevented from performing any of its obligations or undertakings under this Agreement due to an act of God, including earthquake; act of terrorism; epidemics; unusually severe weather; actions by a public agency; any strike, lockout, or other labor or industrial disturbance; inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; or occurrences that are beyond the control of the Artist, the Artist shall be excused from any further performance for the period of time after the occurrence necessary to remedy the effects of that occurrence. The Artist shall notify the City in writing within twenty-four (24) hours after any occurrence described in this section that may prevent performance. If the delay or interruption has resulted in a material change in the time or conditions for the Artist's performance under this Agreement which would impair completion or use of the Project, the City and the Artist shall confer regarding an amended schedule for the Artwork but if they cannot agree, then the City may terminate this Agreement as provided in Section 18(A). SECTION 20. PERFORMANCE MADE IMPOSSIBLE DUE TO THE DEATH OR INCAPACITY OF THE ARTIST A. In the event of death or incapacity of the Artist, this Agreement may be terminated by either party as a termination for convenience under Section 18 effective the date of death or incapacity. Under these circumstances, the City shall not look to the Artist's heirs for reimbursement of fees paid to the Artist prior to the Artist's death or incapacity except for fees paid for portions of the work not performed. The Artist or the Artist's heirs shall retain rights under Section 11 of this Agreement. B. In the event of incapacity or death, the Artist's executor shall deliver to the City all finished and unfinished drawings, sketches, photographs, models and work in whatever form or degree of completion it may be in at the time. Title to these materials shall then transfer to the City upon payment for work completed up to the date of death in accordance with the Scope of Compensation, Exhibit B. However, the Artwork shall not be represented to be the completed work of the Artist unless the City is otherwise directed by the Artist's heirs. C. In the event of incapacity or death at such a time as the final design of the Artwork has been completed and approved, the Artist designates as a successor to this Agreement to complete the work. If the City approves this designation by the Artist, the Agreement shall continue in force and the Artwork shall be considered authored by the Artist. If the City does not approve, the Agreement shall terminate effective the date of notice to the City of such incapacity or death as a termination for convenience as per Section 18. SECTION 21. CONFLICT OF INTEREST The Artist covenants that no officer, employee, or agent of the City, or the Art Consultant who exercises any functions or responsibilities in connection with the planning and implementation of the Project shall have any personal financial interest, direct or indirect, in this Agreement. The Artist shall take appropriate steps to assure compliance with this provision. Violation of this Packet Pg. 70 2.3.b Section 21 shall constitute a material breach of this Agreement, in which case, the City may terminate the Agreement and pursue any other right or remedy provided in this Agreement or under law. SECTION 22. CHANGES Either party may request changes to this Agreement. Proposed changes that are mutually agreed upon by the parties shall be incorporated only by written amendments to this Agreement approved by the City and Artist. SECTION 23. LAW; ARBITRATION This Agreement shall be governed by the laws of the State of Washington. Any claim or dispute between the parties under this Agreement or related to this Agreement shall be determined by arbitration in Seattle, Washington, under the American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof, as modified by this Agreement, but the arbitration shall not be administered by the AAA. There shall be one neutral arbitrator, who shall be a neutral retired Federal or State judge (e.g., JAMS) selected by the parties as follows: each party shall submit a list of three (3) proposed neutral arbitrators within ten (10) days of the arbitration demand, and if the parties do not agree to an arbitrator within five (5) days thereafter, then within three (3) days the responding party shall select the arbitrator from the list previously provided by the demanding party. If a party fails to act timely in good faith with the selection process, any party may petition the presiding judge of the Snohomish County Superior Court to appoint the arbitrator. Any issue about whether a claim is covered by this Agreement or regarding the validity of the arbitrator's selection shall be determined by the arbitrator. At the request of either party made not later than thirty (30) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation which shall not delay the arbitration date. There shall be no substantive motions or discovery, except the arbitrator shall authorize such discovery and enter such prehearing orders as may be appropriate to ensure a fair private hearing which shall be held within sixty (60) days of the demand, and concluded within two (2) days. These time limits are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available from a judge and shall award attorneys' fees and costs to the substantially prevailing party, but shall not have the power to award punitive damages. SECTION 24. MISCELLANEOUS The parties agree that this Agreement is the complete and final expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the City, which shall be attached to the original Agreement. The validity, interpretation and construction of the Agreement, and all other matters related to this Agreement, shall be governed by and interpreted in accordance with the laws of the State of Washington without giving effect to conflicts of law principles. The following provisions will survive termination or expiration of this Agreement: Sections 6, 7, 11, 12, 13, 14, 15, 16, 17, and 22. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions. SECTION 25. NOTICES All notices, demands, requests or other communications given under this Agreement shall be in writing and given by: (i) certified mail, return receipt requested, (ii) nationally recognized Packet Pg. 71 2.3.b overnight courier service, or (iii) electronic mail to the addresses set forth below or as may subsequently in writing be requested; provided that a copy of any notice sent via electronic mail shall also be sent via clause (i) or (ii): To City of Edmonds: [Name, Title] [Address] [City, State, Zip] [Email address] To Artist: [Name, Title] [Address] [City, State, Zip] [Email address] Either party may change its address for notices by giving written notice of the new address as provided above. SECTION 26. COUNTERPARTS This Agreement may be executed in counterparts with all those counterparts together constituting one original of this Agreement. PDF and electronic signatures (including without limitation, signatures provided via DocuSign) shall constitute originals for purposes of this Agreement. CITY OF EDMONDS: ARTIST: Angie Feser, Parks, Recreation & Clark Wiegman Cultural Services Director Date Date Packet Pg. 72 2.3.b EXHIBIT A SCOPE OF WORK FABRICATION AGREEMENT FOR COMMISSIONED ARTWORK This Scope of Work (the "Scope of Work") is an exhibit to the Fabrication Agreement for Commissioned Artwork dated March 15, 2022 (collectively, the "Agreement") between Clark Wiegman d/b/a Artifacture, Inc. (the "Artist") and the City of Edmonds. The parties agree that the Artist shall perform artistic work and services to fabricate and install the Artwork as part of park entry location (the "Site") as described in this Scope of Work. The Artist has been selected by the City in accordance with established policies and procedures based upon its creative skills and abilities. Capitalized terms used but not defined in this Scope of Work shall have the meaning given to such terms in the Fabrication Agreement for Commissioned Artwork. The Artist agrees that an essential element of this Agreement is the skill and creativity of Clark Wiegman, therefore, the Artist shall not assign the creative or artistic portions of the work to another party without the advance written consent of the City. Overview The intent of the Agreement is for the Artist to: (1) fabricate the Artwork according to the conceptual design proposal approved by the City, attached to this Agreement as Exhibit C,("Approved Concept") and incorporated herein; (2) transport and install the Artwork at the Site as further detailed in this Agreement; (3) provide information necessary for the General Contractor to perform its work related to the Artwork integration into the Site and Project; and (4) provide required information and documentation to facilitate the City's long-term maintenance of the Artwork and any publicity and public information about the Artist and the Artwork. The budget for Artist -supplied elements, determined at the time of approval of the Artist concept is attached to this Agreement as Exhibit D ("Budget") and incorporated herein. The Services described below, broken out into separate phases, and their accompanying deadlines are based on information available at the time of the signing of this Agreement. The milestones and deadlines may shift as the Project schedule changes as determined by the City. The Artist will be expected to coordinate the fabrication and installation process with the City of Edmonds Arts & Culture Manager and Art Consultant. Project Background The design of the park aims to create enhanced connections with the surrounding community and promote a unique experience that embodies the essence of Edmonds. The City has commissioned the Artist to create site -specific artwork for the primary entry to the park on 6` Ave N. Section 1. Description This site -specific artwork shall consist of the Artwork. The Artwork concept was developed under a separate Agreement for Artistic Services and approved by the City. The City Council approved the final design in March 2022. The approved final design package is attached as Exhibit C. Section 2. Implementation and Fabrication 1. For those elements fabricated by the Artist, the Artist shall provide all labor, materials and Packet Pg. 73 2.3.b supervision necessary to produce and complete finished elements of the Artwork and delivery of the Artwork to the Site. 2. For art elements that are fabricated or installed by the Project Contractor for the Project, the Artist shall provide any necessary information or on -site coordination and shall be responsible for delivery of elements installed by the Project Contractor. 3. The elements of the Artwork fabricated, delivered and installed by the Artist shall include: Cascadia sculpture including life boat and sea wall graphic. 4. The elements of the Artwork purchased, delivered and installed by the Project Contractor shall include: the shade structure and concrete foundation support, base plate anchor embeds and bolts. All Project -area landscaping, guard and handrails, lighting, facade treatments and walking surfaces are also part of the General Contractor's scope of work. Section 3. Delivery and Installation 1. The Artist and/or the Artist's agents and sub -contractors will provide the services required for the installation of the Artwork at the Site, with the exception of the Project Contractor -supplied and installed items in Section 2 paragraph 4. 2. Upon delivery of any and all elements of the Artwork to the Project, the City shall provide a secured site and safe and insured storage space for the Artwork. This safe storage space shall remain in effect through the final installation of the Artwork by the Artist or its agents and sub- contractors. a) The intention of this provision is to provide secure storage for the Artist during the on -site installation process. Extended storage will not be available and the Artist and the City shall work together to deliver elements as closely to the installation process as possible. 3. The Artist and its agents and sub -contractors must comply with all reasonable provisions provided by the City and the General Contractor for working within the Project areas. 4. The Artist and the City acknowledge that a COVID-19 and financing related delay has the potential to impact the cost, scope and schedule of the Artist -supplied delivery and installation of the Artwork. Prior to initiating the delivery and installation of the Artwork, the Artist shall work with its sub -consultants to confirm cost, schedule and scope of the installation. Exhibits C and D attached to this Agreement document the cost and scope at the time of approval by the the City and shall form the basis of documented changes, if any, to cost, schedule and scope. 5. Based on the information submitted by the Artist, the City, and the Art Consultant shall work together in good faith to identify a reasonable plan, schedule and budget to deliver and install the Artwork as per the approved proposal, or if changes to that proposal must be made. 6. The Artist shall be paid an additional fee to complete this task and that fee shall be negotiated and included in this Agreement by written amendment prior to the commencement of the work. Section 4. Schedule 1. The work schedule is: Start March 2022 and finish no later than March 31, 2023. This schedule is subject to change as the Project evolves and may be amended by mutual agreement of the Artist and the City or as reasonably specified by the City after consultation with the Artist to accommodate the City's Project Schedule. Deadline for delivery of the Artist -supplied attachments template: TBD Packet Pg. 74 2.3.b On -site installation of Contractor -supplied foundations: TBD Substantial completion of the park: December 2022 Installation of the Artwork: By March 31, 2023 2. The Artist shall be responsible for completion of fabrication, delivery and installation oversight of the Artwork in accordance with the agreed upon schedule. The Artist will seek out regular updates from the City and the Art Consultant regarding the schedule for completion, and on -site installation and coordination of the Artwork. 3. The Artist shall coordinate the schedule for implementation and completion of all studio fabrication with the City and the Art Consultant. 4. It is the responsibility of the City Project Manager to inform the Artist in writing of all construction scheduling information as it becomes available and deadlines relevant to the Artist's Services; and all provisions set forth for working within the Project areas. Section 5. Changes During Implementation 1. In the event that the Artist must make substantive changes to the Artwork design during fabrication, the Artist shall present any changes in the scope, design, character or materials of the Artwork to the City for approval. Aesthetic changes must be approved by the City prior to the Artist fabricating any aspects of the changed Artwork. 2. In the event that the City must make changes during construction of the Project, the Artist will be notified immediately of the proposed changes. The City will work with the Artist to find means of mitigating any negative impacts to the Artwork. Any changes required of the Artist shall require a written change order. Section 6. Final Submittals 1. Upon completion of the Artwork and prior to final payment, the Artist shall submit the following to the City: a) Completed care information/maintenance manual that details the materials used in and the care required for the Artwork; b) An Artist's statement concerning the Artwork purchased under this Agreement; c) The Artist's professional resume; and d) Confirmation that all subcontractors have been paid in full or will be paid in full upon final payment. Packet Pg. 75 2.3.b EXHIBIT B SCOPE OF COMPENSATION CONTRACT FOR ARTISTIC SERVICES Section 1. Compensation 1. The Artist shall be paid aggregate Compensation of $72,000 for completion of all work and services described in this Agreement. This amount includes payment of any applicable taxes, including Washington State Sales/Use Tax. Invoices from the Artist must include an itemized breakdown of the activities included in the billing, including payment of subcontractors 2. Payment schedule for the Scope of Compensation shall be as follows: Payment #1 — $11,000 Payment will be made to Artist upon activation of this Agreement for partial payment of artist fee. Payment #2 — $20,000 Payment will be made to Artist upon receipt of invoice and completion of 50% studio fabrication of the Artwork. Payment #3 — $15,000 Payment will be made to Artist upon receipt of invoice and completion of 100% studio fabrication of the Artwork. Payment #4 — $4,000 Payment will be made to Artist upon receipt of invoice and completion of revised costing of the delivery and installation phase of the Artist's work for partial payment and mobilization of on -site installation sub -consultant. Payment #5 — $3,000 Payment will be made to Artist upon completion of on -site installation. Payment #6 — $1,000 Payment will be made to Artist upon acceptance of the Artwork and receipt of materials described in Section 6 Final Submittals. Contingency — $9,000 Payments will be made as invoiced and approved by the Arts & Culture Manager and the Parks Director. Washington State Sales/Use Tax — $9,000 3. All invoices for completed Services must be clearly submitted "To: City of Edmonds." Invoices must first be approved for payment by the Arts and Culture Manager. Email completed invoices to: The Arts & Culture Manager, eac@edmondswa.gov. Turn around timing on invoice payments is dependent on the City's standardized schedule and may take up to three (3) weeks. 4. The Artist will submit the final invoice and other documents as are required by the Agreement within thirty (30) days after completion of the Scope of Work. Unless waived by the City in writing, failure by the Artist to submit the final invoice and required documents will relieve the City from any and all liability for payment to the Artist for the amount set forth in such invoice or in any subsequent invoice. Packet Pg. 76 2.4 City Council Agenda Item Meeting Date: 03/8/2022 SEEK Grant Contract - 2022 Summer Day Camp Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Narrative The Parks, Recreation, Cultural Arts & Human Services Department was awarded an $86,825 Summer Experiences & Enrichment for Kids (SEEK) grant late January of this year to support the Edmonds Summer Day Camp program. The purpose of the SEEK program fund is to increase access to quality, outdoor summer programming for youth and communities that have historically been underserved and who have been impacted by the COVID-19 pandemic. In Fall 2021, the Washington Recreation and Parks Association (WRPA), in collaboration with the Association of Washington Cities (AWC), created and opened applications for a new grant program called "Summer Experiences & Enrichment for Kids" (SEEK). The program is administered by AWC, made possible by funds provided by the Office of the Superintended of Public Instruction (OPSI) and it will enable local parks and recreation agencies throughout Washington State to expand summer outdoor education programs offered to school -aged kids. These funds will be used to re -start the Edmonds Summer Day Camp Program. Operating for 10 weeks in summer of 2022, this day camp program will serve youth entering grades 2-6. Camp hours are 8:30am-4:30pm each day with wrap -around care available before and after the camp hours. Available from 7:00-8:30am and 4:30-6:OOpm, these additional hours will support families who need extended care for their children. This funding is will be used to provide full program scholarships to qualifying Edmonds families. In addition, the grant funds will assist with staffing costs and purchasing program equipment and supplies to create the foundation for an on -going summer day camp program. Staff Recommendation Staff recommends the Parks, Planning & Public Works Committee forward to the Council for consideration at the next regular meeting to approve the Mayor to authorize the $86,825 SEEK Grant Agreement for the 2022 Summer Day Camp program. Attachments: 22-23 Edmonds SEEK Agreement Packet Pg. 77 SEEK Funding Opportunity Subcontractor Funding Agreement 2.4.a Association of Washington Cities Service Subcontract ("Subcontract") with City Of Edmonds through Summer Experiences & Enrichment for Kids Fund (SEEK Fund) A program of the Washington Office of Superintendent of Public Instruction (OSPI) For Jurisdiction Name City Of Edmonds Program Description 1. Edmonds Summer Day Camp Program Start date: April 15, 2022 End date: November 15, 2022 Packet Pg. 78 2.4.a FACE SHEET Subcontract Number: 22 Association of Washington Cities (AWC) Summer Experiences & Enrichment for Kids (SEEK) Fund The Association of Washington Cities (AWC) is working in collaboration with and generally under the direction from OSPI provide evidence -based, outdoor, summer enrichment programs to youth in K-12 (ages 4-21). Funds for this subcontract are intended to prevent, prepare for, or respond to the COVID-19 pandemic, including its impact on the social, emotional mental health, and academic needs of students. 1. Subcontractor 2. Subcontractor Doing Business As (optional) City of Edmonds 700 Main Street Edmonds, WA 98020 3. Subcontractor Representative 4. AWC Representative Jay Sandstrom 700 Main Street Jacob Ewing 1076 Franklin Street SE Recreation Coordinator Edmonds, WA Legislative Policy Analyst Olympia, WA (425) 275-4826 98020 (360) 753-4137 98501 jay.sandstrom@edmondswa.gov jacobe@awcnet.org S. Subcontract Amount 6. Start Date 7. End Date 8. Tax ID # $86825 April 15, 2022 November 15, 2022 91-600-1244 9. Subcontract Purpose Carry out summer activities under the OSPI SEEK program as described in Attachment A. AWC and the Subcontractor, as defined above, acknowledge and accept the terms of this Subcontract and attachments and have executed this Subcontract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Subcontract are governed by this Subcontract and the following other documents incorporated by reference: Subcontractor General Terms and Conditions including Attachment "A" —SEEK Application/Scope of Work; Attachment "B" — Project Costs Worksheet; Attachment "C — Subcontractor Data Collection; Attachment (D) — Subcontractor Agent(s); Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification. FOR SUBCONTRACTOR FOR Association of Washington Cities Jay Sandstrom 3/3/2022 Date Date Last revision 11/23/2021 a E U L E E 3 N N 0 N V L c 0 U c 0 'L^ V Y w u.l co r a Packet Pg. 79 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement 1. SUBCONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Subcontract contact person for all communications and billings regarding the performance of this Subcontract. The Representative for AWC and their contact information are identified on the Face Sheet of this Subcontract. The Representative for the Subcontractor and their contact information are identified on the Face Sheet of this Subcontract. 2. PAYMENT AWC shall pay an amount not to exceed $86825 for the performance of all things necessary for or incidental to the performance of work as set forth in the SEEK Application and described in Attachment A. Subcontractor's compensation for services rendered shall be based on the completion of duties as outlined in the SEEK application, in Attachment A, in accordance with the following sections. 3. BILLING PROCEDURES AND PAYMENT AWC will reimburse Subcontractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC not more often than monthly. Subcontractor will use the invoice form provided by AWC to request reimbursement. The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Subcontract Number 22-23. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. If errors are found in the submitted invoice or supporting documents, AWC will notify the Subcontractor to make corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and notify AWC. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subcontractor. AWC may, in its sole discretion, terminate the Subcontract or withhold payments claimed by the Subcontractor for services rendered if the Subcontractor fails to satisfactorily comply with any term or condition of this Subcontract. No payments in advance or in anticipation of services or supplies to be provided under this Subcontract shall be made by AWC. Duplication of Billed Costs The Subcontractor shall not bill AWC for services performed under this Subcontract, and AWC shall not pay the Subcontractor, if the Subcontractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. This does not include fees charged for summer recreation programs. Disallowed Costs The Subcontractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Packet Pg. 80 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement Final Reimbursement and Reporting Deadline When the project is completed the Subcontractor must submit a final invoice, final report, and supporting documents needed to close out the project no later than October 1, 2022. AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from the Subcontractor has been submitted and verified. 4. SUBCONTRACTOR DATA COLLECTION/REPORTING REQUIREMENTS Subcontractor will submit reports, in a form and format to be provided by AWC (See Attachment C) Data must be provided to AWC along with final billing. 5. AGENT(S) Agent(s) in this contract refers to any third -party entity and its employees that the Subcontractor has subcontracted with to provide services funded through this agreement. The Subcontractor is responsible for ensuring that any agent complies with the provision herein. Any of the Subcontractor's agent(s) that will provide director supervision of youth through programs funded by this contract must be listed in Attachment D — Subcontractor Agent(s) and must provide proof of insurance per Section 6 of this document. 6. INSURANCE a. Workers' Compensation Coverage. The Subcontractor shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the Subcontractor's employees, as may now hereafter be required of an "employer" as defined in Title 51 RCW. Such workers' compensation and occupational disease requirements shall include coverage for all employees of the Subcontractor, and for all employees of any subcontract retained by the Subcontractor, suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this Subcontract. Satisfaction of these requirements shall include, but shall not be limited to: i. Full participation in any required governmental occupational injury and/or disease insurance program, to the extent participation in such a program is mandatory in any jurisdiction; ii. Purchase workers' compensation and occupational disease insurance benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory governmental program in "a" above, and/or; iii. Maintenance of a legally permitted and governmentally approved program of self-insurance for workers' compensation and occupational disease. Except to the extent prohibited by law, the program of the Subcontractor's compliance with workers' compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall provide for a full waiver of rights of subrogation against AWC, its directors, officers, and employees. Packet Pg. 81 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement If the Subcontractor, or any agent retained by the Subcontractor, fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such employees, the Contractor will indemnify AWC for such fines, payment of benefits to Subcontractor or Subcontractor employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. Any amount owed AWC by the Subcontractor pursuant to the indemnity may be deducted from any payments owed by AWC to the Subcontractor for the performance of this Subcontract. b. Automobile Insurance. In the event that services delivered pursuant to this Subcontract involve the use of vehicles, owned or operated by the Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. c. Business Automobile Insurance. In the event that services performed under this Subcontract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Subcontractor -owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned autos only" must be secured. If the Subcontractor's employees' vehicles are used, the Subcontractor must also include under the Business Automobile policy Code 9, coverage for "non -owned autos." The minimum limits for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. d. Public Liability Insurance (General Liability). The Subcontractor shall at all times during the term of this Subcontract, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising out of services provided under this Subcontract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Subcontractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by AWC, with the approval of the Subcontractor (which shall not be unreasonably withheld), shall not be less than as follows: Each Occurrence $1,000,000 Products -Completed Operations Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 Fire Damage Limit (any one fire) $ 50,000 e. Local Governments that Participate in a Self -Insurance Program. Alternatively, Subcontractors may maintain a program of self-insurance or participate in aproperty/liability pool with adequate limits to comply with the Subcontract insurance requirements or as is customary to the contractor or subcontractor's business, operations/industry, and the performance of its respective obligations under this Subcontract. Packet Pg. 82 SEEK Funding Opportunity Subcontractor Funding Agreement 2.4.a f. Additional Insured. The Office of Superintendent of Public Instruction, and the Association of Washington Cities, shall be specifically named as an additional insured on all policies, including Public Liability and Business Automobile, except for liability insurance on privately -owned vehicles, and all policies shall be primary to any other valid and collectible insurance. AWC and OSPI may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Subcontractor provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Subcontractors participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The AWC and OPSI, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence, terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the Subcontractor's receipt of Authorization to Proceed. h. General Insurance Requirements. Subcontractor shall, at all times during the term of the Subcontract and at its cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and maintain the required insurance may result in the termination of the Subcontract at AWC's option. By requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect Subcontractor and such coverage and limits shall not limit Subcontractor's liability under the indemnities and reimbursements granted to AWC in this Subcontract. Subcontractor shall include all agents of the Subcontractor as insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure of agent(s) to comply with insurance requirements does not limit Subcontractor's liability or responsibility. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Subcontract and Subcontractor General Terms and Conditions • Attachment A — SEEK Application & Scope of Work • Attachment B — Budget and Project Costs Worksheet • Attachment C— Subcontractor Reporting Requirements • Attachment D — Subcontractor Agent(s) • Attachment E - Proclamation 21-14 COVID-19 Vaccination Certification Packet Pg. 83 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement SUBCONTRACTOR GENERAL TERMS AND CONDITIONS 1. Access to Data. In compliance with Chapter 39.26 RCW, the Subcontractor shall provide access to data generated under this Subcontract to AWC, and to the extent necessary to comply with RCW 39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Subcontractor's reports, including computer models and methodology for those models. 2. Alterations and Amendments. This Subcontract may be amended only by mutual agreement of the parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3. Americans with Disabilities Act (ADA) of 1990, Public Law 101-336, also referred to as the "ADA" 28 CFR Part 35. In relation to this Subcontract, the Subcontractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. Assignment. Neither this Subcontract, nor any claim arising under this Subcontract, shall be transferred or assigned by the Subcontractor without prior written consent of AWC. 5. Assurances. AWC and the Subcontractor agree that all activity pursuant to this Subcontract will be in accordance with all applicable current federal, state and local laws, rules and regulations. 6. Attorney's Fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney's fees and costs. 7. Budget Revisions. Any monetary amount budgeted by the terms of this Subcontract for various activities and line item objects of expenditure, as outlined in Attachment B — Budget and Project Costs Worksheet, may be revised without prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to or greater than the increase. All other budget revisions exceeding ten percent (10%) shall only be made with the prior written approval of AWC. Subcontractor will use the funding change request form provided by AWC to request these budget revisions. 8. Certification Regarding Debarment, Suspension, and Ineligibility. The Subcontractor certifies that neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded from participation in transactions by any federal department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, proposed for debarment, or voluntarily excluded from participation in covered transactions by any federal department or agency. "Covered transactions" include procurement contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000). Subcontractor may do so by obtaining a certification statement from the potential subcontractor or subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List. The Subcontractor shall immediately notify the AWC if, during the term of this subcontract, Subcontractor becomes debarred. AWC may immediately terminate this Subcontract by providing Subcontractor written notice if Subcontractor becomes debarred during the term of this Subcontract. Packet Pg. 84 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement The Subcontractor also certifies that neither it nor its principals are debarred, suspended, or proposed for debarment from participation in transactions by any state department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, or proposed for debarment from participation in covered transactions by any state department or agency. 9. Certification Regarding Lobbying. The Subcontractor certifies that Federal -appropriated funds will not be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Subcontractor shall require its agents to certify compliance with this provision. 10. Certification Regarding Wage Violations. The Subcontractor certifies that within three (3) years prior to the date of execution of this Subcontract, Subcontractor has not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52. The Subcontractor further certifies that it will remain in compliance with these requirements during the term of this Subcontract. Subcontractor will immediately notify AWC of any finding of a willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Subcontract. 11. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Subcontractor, Subcontractor agrees to notify AWC of the change. Subcontractor shall provide notice as soon as practicable, but no later than thirty (30) days after such a change takes effect. 12. Confidentiality. The Subcontractor acknowledges that all of the data, material and information which originates from this Subcontract, and any student assessment data, material and information which will come into its possession in connection with performance under this Subcontract, consists of confidential data owned by AWC or confidential personally identifiable data subject to the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) or other privacy laws, and that the data must be secured and protected from unauthorized disclosure by the Subcontractor. The Subcontractor is wholly responsible for compliance with FERPA requirements. The Subcontractor, therefore, agrees to hold all such material and information in strictest confidence, not to make use thereof other than for the performance of this Subcontract, to release it only to authorized employees and agents requiring such information and not release or disclose it to any other party. The Subcontractor agrees to release such information or material only to employees and agents who have signed a written agreement expressly prohibiting disclosure or usages not specifically authorized by this Subcontract. The parties acknowledge the release of records may be subject to the Public Records Act, RCW 42.56, and further acknowledge that Washington law and court order may compel disclosure of certain records; this provision does not apply to records compelled by law or court order. 13. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and copyright shall be owned by the Packet Pg. 85 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement Superintendent of Public Instruction (Superintendent). The Superintendent shall be considered the author of such Materials. If Materials are not considered "works for hire", Subcontractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the Superintendent effective from the moment of creation of such Materials. Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability to transfer these rights. Subcontractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later. All Materials the Subcontractor has adapted from others' existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Subcontractor will license the materials to allow others to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Subcontractor would like to limit these pre-existing portions of the work to non-commercial use, the Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.0 or later, is acceptable for these specific sections. The Subcontractor warrants and represents that Subcontractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to apply such a license. The Subcontractor shall exert all reasonable effort to advise the Superintendent, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Superintendent shall receive prompt written notice of each notice or claim of infringement received by the Subcontractor with respect to any data delivered under this Contract. The Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the Subcontractor. 14. Covenant Against Contingent Fees. The Subcontractor warrants that no person or selling agent has been employed or retained to solicit or secure this Subcontract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agent maintained by the Subcontractor for the purpose of securing business. AWC shall have the right, in the event of breach of this clause by the Subcontractor, to annul this Subcontract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. 15. Disputes. In the event that a dispute arises under this Subcontract, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. Packet Pg. 86 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement 16. Duplicate Payment. AWC shall not pay the Subcontractor, if the Subcontractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses. 17. Entire Agreement. This Subcontract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Subcontract shall be deemed to exist or to bind any of the parties hereto. 18. Ethical Conduct. Neither the Subcontractor nor any employee or agent of the Subcontractor shall participate in the performance of any duty or service in whole or part under this Subcontract in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555, and 41.06.250 prohibiting the use of public resources for political purposes. 19. Governing Law and Venue. This Subcontract shall be construed and interpreted in accordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 20. Indemnification. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and hold harmless AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising out of or resulting from the performance of this Subcontract. "Claim" as used in this Subcontract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Additionally, "'claims" shall include but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or in unlawful restraint of competition. Subcontractor's obligation to indemnify, defend and hold harmless includes any claim by Subcontractor's agents, employees, representatives, or any subcontractor or its employees. Subcontractor expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Subcontractor's or its subcontractor's performance or failure to perform the Subcontract. Subcontractor's obligation to indemnify, defend, or hold harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC, or their agents, employees, or officials. Subcontractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless AWC, and their agents, employees, or officials. 21. Independent Capacity of the Subcontractor. The parties intend that an independent Subcontractor relationship will be created by this Subcontract. The Subcontractor and his/her employees or agents performing under this Subcontract are not employees or agents of AWC. The Subcontractor will not hold itself out as nor claim to be an officer or employee of AWC, the Superintendent or of the state of Washington by reason hereof, nor will the Subcontractor make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Subcontractor. Packet Pg. 87 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement 22. Licensing and Accreditation Standards. The Subcontractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary to the performance of this Subcontract. 23. Limitation of Authority. Only AWC or AWC's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Subcontract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Subcontract is not effective or binding unless made in writing and signed by AWC. 24. Non -Discrimination. The Subcontractor shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Subcontractor and its agents under this Subcontract. The Subcontractor shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it under non- discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the event of the Subcontractor's noncompliance or refusal to comply with this nondiscrimination provision, this Subcontract may be rescinded, cancelled or terminated in whole or part, and the Subcontractor may be declared ineligible for further contracts with AWC. 25. Overpayments. Subcontractor shall refund to AWC the full amount of any overpayment under this Subcontract within thirty (30) calendar days of written notice. If Subcontractor fails to make a prompt refund, AWC may charge Subcontractor one percent (1%) per month on the amount due until paid in full. 26. Public Disclosure. Subcontractor acknowledges that AWC is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and AWC acknowledges that the Subcontractor is subject to the Washington State Public Records Act, Chapter 42.56 RCW, and that this Subcontract shall be a public record as defined in RCW 42.56. Any specific information that is claimed by either party to be confidential or proprietary must be clearly identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shall attempt reasonably to maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view such information, the party receiving the public records request will notify the other party of the request and the date that such records will be released to the requester unless the other party obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party receiving the records request will release the requested information on the date specified. 27. Publicity. The Subcontractor agrees to submit to AWC all advertising and publicity matters relating to this Subcontract which in the AWC's judgment, AWC or the Superintendent's name can be implied or is specifically mentioned. The Subcontractor agrees not to publish or use such advertising and publicity matters without the prior written consent of AWC. Packet Pg. 88 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement 28. Registration with Department of Revenue. The Subcontractor shall complete registration with the Department of Revenue and be responsible for payment of all taxes due on payments made under this Subcontract. 29. Records Maintenance. The Subcontractor shall maintain all books, records, documents, data and other evidence relating to this Subcontract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Subcontract. Subcontractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Subcontract, shall be subject at all reasonable times to inspection, review or audit by the AWC or the Superintendent, personnel duly authorized by AWC or the Superintendent, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 30. Right of Inspection. The Subcontractor shall provide right of access to its facilities utilized under this Subcontract to AWC or any of its officers responsible for executing the terms of this Subcontract at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Subcontract on behalf of AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with the Subcontractor's business or work hereunder. 31. Severability. The provisions of this Subcontract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Contract. 32. Subcontracting. Neither the Subcontractor nor any agent of the Subcontractor shall enter into subcontracts for any of the work contemplated under this Subcontract without obtaining prior written approval of AWC. Subcontractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Subcontract are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Subcontractor to the AWC for any breach in the performance of the Subcontractor's duties. This clause does not include contracts of employment between the Subcontractor and personnel assigned to work under this Subcontract. If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the Subcontractor is incompetent, AWC shall notify the Subcontractor, and the Subcontractor shall take immediate steps to terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the termination of an agent shall not relieve the Subcontractor of any of its responsibilities under the Subcontract, nor be the basis for additional charges to AWC. 33. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Subcontractor or its staff shall be the sole responsibility of the Subcontractor. Packet Pg. 89 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement 34. Technology Security Requirements. The security requirements in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, which by this reference are incorporated into this agreement. The Subcontractor acknowledges it is required to comply with WaTech Office of Chief Information Officer (OCIO) IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets. OCIO IT Security Standard 141.10, Securing Information Technology Assets, applies to all Superintendent assets stored as part of a service, application, data, system, portal, module, components or plug-in product(s) that are secured as defined by the WaTech OCIO's IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets. As part of OCIO IT Security Standard 141.10, a design review checklist and/or other action may be required. These activities will be managed and coordinated between AWC and the Subcontractor. Any related costs to performing these activities shall be at the expense of the Subcontractor. Any such activities and resulting checklist and/or other products must be shared with AWC. 35. Termination for Convenience. Except as otherwise provided in this Subcontract, the Superintendent or Superintendent's Designee may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Subcontract in whole or in part. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Subcontractor as of midnight the second day of mailing in the absence of proof of actual delivery to and receipt by the Subcontractor. If this Subcontract is so terminated, AWC shall be liable only for payment required under the terms of the Subcontract for services rendered or goods delivered prior to the effective date of termination. 36. Termination for Default. In the event AWC determines the Subcontractor has failed to comply with the conditions of this Subcontract in a timely manner, AWC has the right to suspend or terminate this Subcontract. AWC shall notify the Subcontractor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) days, the Subcontract may be terminated. AWC reserves the right to suspend all or part of the Subcontract, withhold further payments, or prohibit the Subcontractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Subcontractor or a decision by AWC to terminate the Contract. In the event of termination, the Subcontractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Subcontract and the replacement or cover Subcontract and all administrative costs directly related to the replacement Subcontract, e.g., cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for Convenience" if it is determined that the Subcontractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Subcontract are not exclusive and are in addition to any other rights and remedies provided by law. 37. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Subcontract and prior to normal completion of this Subcontract, with the notice specified below and without liability for damages: a. At AWC's discretion, AWC may give written notice of intent to renegotiate the Subcontract under the revised funding conditions. Packet Pg. 90 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement b. At AWC's discretion, AWC may give written notice to Subcontractor to suspend performance when AWC determines there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Subcontractor's performance to be resumed. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When AWC determines that the funding insufficiency is resolved, it will give the Subcontractor written notice to resume performance, and Subcontractor shall resume performance. (3) Upon the receipt of notice under b. (2), if Subcontractor is unable to resume performance of this Subcontract or if the Subcontractor's proposed resumption date is not acceptable to AWC and an acceptable date cannot be negotiated, AWC may terminate the Subcontract by giving written notice to the Subcontractor. The parties agree that the Subcontract will be terminated retroactive to the date of the notice of suspension. AWC shall be liable only for payment in accordance with the terms of this Subcontract for services rendered prior to the retroactive date of termination. c. AWC may immediately terminate this Subcontract by providing written notice to the Subcontractor. The termination shall be effective on the date specified in the termination notice. AWC shall be liable only for payment in accordance with the terms of this Subcontract for services rendered prior to the effective date of termination. No penalty shall accrue to AWC in the event the termination option in this section is exercised. d. For purposes of this section, "written notice" may include email. 38. Termination Procedure. Upon termination of this Subcontract the AWC, in addition to other rights provided in this Subcontract, may require the Subcontractor to deliver to AWC any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. The AWC shall pay to the Subcontractor the agreed upon price, if separately stated, for completed work and services accepted by AWC and the amount agreed upon by the Subcontractor and AWC for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted by AWC, and (d) the protection and preservation of the property, unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause for this Subcontract. The AWC may withhold from any amounts due to the Subcontractor such sum as AWC determines to be necessary to protect AWC against potential loss or liability. The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law under this Subcontract. Packet Pg. 91 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement After receipt of a notice of termination, and except as otherwise directed by the Superintendent, the Subcontractor shall: a. Stop work under this Subcontract on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Subcontract that is not terminated; c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and interest of the Subcontractor under the orders and subcontracts in which case AWC has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any property which, if the Subcontract had been completed, would have been required to be furnished to AWC; f. Complete performance of such part of the work not terminated by AWC; and g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of the property related to this Subcontract which, in is in the possession of the Subcontractor and in which AWC has or may acquire an interest. 39. Treatment of Assets. Except as otherwise provided for in the Subcontract, the ownership and title to all real property and all personal property exceeding a value of $5,000 purchased by the Subcontractor in the course of performing this Subcontract with moneys paid by the Superintendent shall vest in the Superintendent, except for supplies consumed in performing this Subcontract. The Subcontractor shall (1) maintain a current inventory of all the real and personal property; (2) label all the property "State of Washington, Superintendent of Public Instruction"; and, (3) surrender property and title to the Superintendent without charge prior to settlement upon completion, termination or cancellation of this Contract. If any property is lost, destroyed, or damaged, the Subcontractor shall notify the Superintendent and take all reasonable steps to protect the property from further damage. All reference to the Subcontractor under this clause shall include Subcontractor's employees and agents. 40. Waiver. A failure by either part to exercise its rights under this Subcontract shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of Packet Pg. 92 2.4.a SEEK Funding Opportunity Subcontractor Funding Agreement this Subcontract unless stated to be such in writing and signed by personnel authorized to bind each of the parties. Packet Pg. 93 2.4.a Attachment A SEEK Application & Scope of Work Insert detailed project description as included in the Funding Opportunity application & Attach SEEK Funding Application Edmonds Summer Day Camp Program The Edmonds Summer Day Camp Program will operate for 10 weeks in the summer of 2022. Camps will run on a weekly enrollment basis, starting on June 27th and concluding on September 2nd. Camps will run Monday through Friday. This program will serve youth entering grades 2-6. Groups will be split into age categories for individual activities, but will also participate in camp -wide programming for additional socialization. These groups will be staffed at a 1:10 staff/child ratio with an additional program supervisor on location each day. Basic structured program camp hours are 8:30am-4:30pm each day. Wrap -around care will be available before and after the camp hours from 7:00-8:30am and 4:30- 6:00pm. This extended care provides a safe space for kids to be dropped off and picked up at times more convenient for working parents/guardians. The camp fee for participants is $190 for residents per week per child, and $215 for non-residents per week per child. Wrap -around care for one week costs an additional fee of $50 for residents, and $60 for non-residents. Full scholarships will be available for Edmonds residents who need financial assistance to participate in recreational programs through the Edmonds Parks, Recreation & Cultural Services Department. Participants will qualify if: The household earns no more than 60% of the Edmonds median income. The income break -down for household size is as follows: 8-person: $81,858/year or $6,821/month 7-person: $77,180/year or $6,432/month 6- person: $72,503/year or $6,042/month 5-person: $67,825/year or $5,652/month 4-person: $63,147/year or $5,262/month 3-person: $58,470/year or $4,872/month 2-person: $52,969/year or $4,414/month 1-person: $47,672/year or $3,973/month And/Or the participant must live within Edmonds city limits and/or attend an elementary school within three miles of Edmonds City limits. Program Overview and Description of Facilities: The Edmonds Summer Day Camp Program will take place at the Frances Anderson Center (FAC). The Frances Anderson Center is a previous elementary school that has been repurposed into a Community Center, located at 700 Main Street in Edmonds. The FAC is home to the Edmonds Parks, Recreation and Cultural Services Department as well. This 46,000 sq. feet facility provides ADA accessibility, has six classroom spaces available for programing, a large gymnasium, a playground, coverage stage/shelter and a large multi -purpose lawn athletic fields. Restrooms are available both inside and outside the FAC. The home base for camps will be the outdoor space adjacent to the FAC. The wrap -around care will take place before and after the official camp program hours from 7:00-8:30am and 4:30-6:00pm and during this time there will not be highly structed programming, but participants will utilize the playground, open field, shelter and picnic table and will be supervised by camp staff. Wrap -around care can use the Frances Anderson Center gymnasium in the event of inclement weather. Camp activities will take place using the following amenities at the Frances Anderson Center: Multi purpose athletic grass field Playground Covered Amphitheater/stage and shelter Gymnasium Classrooms The Edmonds Summer Day Camp Program will utilize an outdoor education component that will be supported by the City of Edmonds Discovery Programs, in addition to having walking access to several outdoor spaces less than a mile from the Frances Anderson Center. Park locations: Yost Park a€" 0.7 miles away Playground, trail system, picnic area Hummingbird Park a€" 0.4 miles away Basketball court, playground, picnic area City Park A" 0.8 miles away Spray Park, ballfields, trail system, playground, picnic areas Olympic Beach A€" 0.8 miles away Beach Ranger station & fishing pier, Puget Sound waterfront/beach access Program Goals and Objectives The Edmonds Summer Day Camp Program will help each participant to gain social emotional learning skills and social reconnection Packet Pg. 94 2.4.a through positive activities that promote self-awareness, responsible decision making, and relationship skills: Each Recreation Leader will follow up all activities with a debriefing moment in order to facilitate social emotional learning discussions tied to the activity. Each participant will have the opportunity to practice responsible decision making during free play activity sessions twice a day each program day.The Edmonds Summer Day Camp Program will help each participant appreciate the natural surroundings and take an active role in the stewardship of our environment: Each participant will participate in a minimum of one environmental education session per week, put on in collaboration with the City of Edmonds Discovery Program. The Discovery Programs€"'s mission is to provide interpretive and environmental education opportunities for the citizens of Edmonds, school age children and visitors to Edmonds parks and beaches; and to promote stewardship of Puget Sound, its shorelines, and the surrounding watershed. This outdoor education component would be led by the Edmonds Beach Ranger program. The Edmonds Beach Ranger Program is part of Edmonds Discovery Programs, and is firmly established in the community, reaching several thousand people each year. Ranger -Naturalists provide a variety of interpretive and environmental education programs in classrooms, on the Puget Sound beach, and in Edmonds city parks. In addition, each participant will have the opportunity to participate in some nature activity, which could include one of the following: walking, environmental education and interpretative activities, monitoring the environment, or other appropriate activity. The Day Camp Program will utilize the proximity of the Frances Anderson Center to a number of local parks and the Puget Sound waterfront to engage participants in outdoor recreation opportunities. The Edmonds Summer Day Camp Program will strive to support each participant academically: On average, youth in this program will spend 12.5 hours a week on academically focused programming. Each participant will be given the opportunity to participate in reading based activities such as group story time and individual reading time. The Frances Anderson Center is adjacent to the Edmonds Sno-Isle Library and the city and library have a collaborative programming relationship. This partnership will be utilized to enhance the literacy component of the camp. There will be a craft or activity focused on age appropriate Science, Technology, Engineering, Art and Math (STEAM) topics on each program day. The Edmonds Summer Day Camp Program will strive to spend the majority of program time outdoors:This day camp will spend 6+ hours outdoors per day, and through the Edmonds Discovery Program, will have a strong outdoor education component each week. The proximity of the Frances Anderson Center to several city parks and the Puget Sound waterfront makes this program stand out as one that can take full advantage of its natural surroundings and create opportunities to learn about nature. Activities that need to be held inside, such as some STEAM based offerings, will take place in a classroom. The only barrier to outdoor programming will be inclement weather. If there is weather that prevents camp from taking place outdoors, the Frances Anderson Center classrooms and gymnasium will be utilized as necessary. Camp Schedule Example 7:00-8:30am: Wrap Around Care s€" Location: FAC field & playground 8:30-8:45am: Camp open assembly s€" rule reminders, review days activities and themes 8:45-9:OOam: Group game (all camp) 9:00-9:05am: split into age groups 9:05-10:OOam: Age specific physical activity (outdoors) 10:00-10:15am: Snack 10:15-11:OOam: STEAM activity 11:00-11:30: Free Play AC" FAC playground & field 11:30am-12:OOpm: Reading Time (books to be provided) 12:00- 1:00pm: Lunch 1:00-3:30pm: Outdoor Education 3:30-4:OOpm: All camp group activity 4:00-4:30pm: Free Play AC" FAC playground & field 4:30-6:OOpm: Wrap Around Care s€" Location: FAC field & playground 17 Packet Pg. 95 2.4.a Attachment B Budget & Project Costs Worksheet Budget (as presented in the SEEK application Project Costs Worksheet) Protect: Edmonds Summer Day Camp Program Project Costs Summer 2022 Staff $57125 Equipment & supplies (i.e. sports equipment, art supplies, or water and snacks) (must be directly related to program being offered) $5000 Scholarships or subsidies $24700 Transportation $ Facilities $ Professional Services (please be specific on type of service) $ Fees (such as entrance fees for field trips) $ **Meals $ Other (please specify) $ TOTAL $86825 Packet Pg. 96 2.4.a Attachment C Subcontractor Reporting Requirements Reports must contain the following information: • Describe the K-12-aged (4 to 21) youth who participated through this program including disaggregated data about student age range, gender, race/ethnicity, FRPL status, and other student information. • Describe the type of program funded and the geographic area served. • Explain how the program targeted youth populations were recruited to participate. • Explain how these funds were used to create more access to underserved and/or economically disadvantaged youth. • What disproportionately impacted communities did the summer recreation program serve? • Discuss program successes and challenges. IQ Packet Pg. 97 2.4.a Attachment D Subcontractor Agent(s) List any Subcontractor Agent(s) that will provide director supervision of youth in a program funded through SEEK. Name of Agent Address Packet Pg. 98 2.4.a Attachment E Proclamation 21-14 COVID-19 Vaccination Certification To reduce the spread of COVID-19, Washington state Governor Jay Inslee, pursuant to emergency powers authorized in RCW 43.06.220, issued Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21-14.1 — COVID-19 Vaccination Requirement (dated August 20, 2021) and as amended by Proclamation 21-14.2 — COVID-19 Vaccination Requirement (dated September 27, 2021), and as may be amended thereafter. The Proclamation requires contractors who have goods, services, or public works contracts with a Washington state agency to ensure that their personnel (including subcontractors and agents) who perform contract activities on -site comply with the COVID-19 vaccination requirements, unless exempted as prescribed by the Proclamation. AWC is under contract with OSPI and as such is required to meet these requirements and ensure that any subcontractors also comply. By entering into this agreement, the Subcontractor agrees to comply as follows: 1. Has reviewed and understands Subcontractor's obligations as set forth in Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21- 14.1— COVID-19 Vaccination Requirement (dated August 20, 2021), and as amended by Proclamation 21-14.2 — COVID-19 Vaccination Requirement (dated September 27, 2021); 2. Has developed a COVID-19 Vaccination Verification Plan for Subcontractor's personnel (including agents) that complies with the above -referenced Proclamation; 3. Has obtained a copy or visually observed proof of full vaccination against COVID-19 for Subcontractor personnel (including agents) who are subject to the vaccination requirement in the above -referenced Proclamation; 4. Complies with the requirements for granting disability and religious accommodations for Subcontractor personnel (including agents) who are subject to the vaccination requirement in the above -referenced Proclamation; 5. Has operational procedures in place to ensure that any contract activities that occur in person and on -site at OSPI premises (other than only for a short period of time during a given day and where any moments of close proximity to others on -site will be fleeting — e.g., a few minutes for deliveries) that are performed by Subcontractor personnel (including agents) will be performed by personnel who are fully vaccinated or properly exempted as required by the above - referenced Proclamation; 6. Has operational procedures in place to enable Subcontractor personnel (including agents) who perform contract activities on -site and at OSPI premises to provide compliance documentation that such personnel are in compliance with the above referenced Proclamation; 7. Will provide to OSPI or AWC, upon request, Subcontractor's COVID-19 Vaccination Verification Plan and related records, except as prohibited by law, and will cooperate with any investigation or inquiry pertaining to the same. Packet Pg. 99 2.5 City Council Agenda Item Meeting Date: 03/8/2022 State of Washington Dept of Commerce Grant Contract — Civic Park Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History The Civic Center Playfield Park project includes a playground on the eastern portion adjacent to 71n Avenue. The Rotary Club of Edmonds committed to financially supporting the original ADA accessible playground upgrade to a truly inclusive level to provides a variety of experiences for children and families of all abilities intentionally designed to support child development, health and emotional well- being. The amenity, named Mika's Playground is being built in memory of Mika Zimbalist, a local boy born with cerebral palsy. As part of their effort, the Rotary was able to successfully secure a State of Washington Department of Commerce appropriation of $258,000. However, the Rotary Club was not technically eligible to receive and administer the grant. The State is allowing a transfer of the grant administration to the City of Edmonds to still utilize the funding for the playground project. The attached Agreement formalized the transfer and creates a contract between the City and the State to receive and expend the funding to pay for the playground improvements. Staff Recommendation Staff recommends the Parks, Planning & Public Works Committee forward for Council's consideration on the next regular meeting Consent Agenda to approve the Mayor's authorization of the $252,840 State of Washington Department of Commerce Grant Agreement for Mika's Playground in the Civic Center Playfield Park project. Attachments: SoW - CoE DOC Grant Contract Packet Pg. 100 2.5.a Grant to For _Ibb,_ 1A/ochinntnn Ctnto Department M " 1-4 of w&AY 1 'nmmorop City of Edmonds through The 2022 Local & Community Projects Program Civic Park Mika's Playground (Edmonds) — Construction of Mika's Playground. DRAFT Start date: 7/1/2021 Washington State Department of Commerce www.commerce.wa.gov Packet Pg. 101 2.5.a DRAFT L IL u U Q Packet Pg. 102 2.5.a TABLE OF CONTENTS FaceSheet..................................................................................................................... 1 Special Terms and Conditions........................................................................................ 2 1. Grant Management..................................................................................2 2. Compensation..........................................................................................2 3. Certification of Funds Performance Measures ......................................... 2 4. Prevailing Wage Law............................................................................... 3 5. Documentation and Security....................................................................3 6. Basis for Establishing Real Property Values for Acquisitions of Real Property.... 4 7. Expenditures Eligible for Reimbursement................................................4 8. Billing Procedures and Payment.............................................................. 4 9. Subcontractor Data Collection...................................................... 5 10. Insurance................................................................................................. 5 11. Order of Precedence................................................................................ 7 12. Reduction in Funds..................................................................................7 13. Ownership of Project/Capital Facilities..................................................... 7 14. Change of Ownership or Use for GRANTEE -Owned Property ................. 7 15. Change of Use for Leased Property Performance Measure ..................... 8 16. Modification to the Project Budget............................................................ 8 17. Signage, Markers and Publications..........................................................8 18. Historical and Cultural Artifacts................................................................ 8 19. Reappropriation....................................................................................... 9 20. Termination for Fraud or Misrepresentation............................................. 9 21. Applicability of Copyright Provisions to Architectural/Engineering Design Work .10 General Terms and Con ions ... .... ....A.F.T .......................... 1 1. Definition ........ ........ .......................1 2. Access to Data......................................................................................... 1 3. Advance Payments Prohibited................................................................. 1 4. All Writings Contained Herein.................................................................. 1 5. Amendments............................................................................................1 6. Americans with Disabilities Act(ADA)...................................................... 2 7. Assignment..............................................................................................2 8. Attorney's Fees........................................................................................ 2 9. Audit........................................................................................................ 2 10. Breaches of Other State Contracts..................................................3 11. Confidentiality/Safeguarding of Information..............................................3 12. Conflict of Interest.................................................................................... 4 13. Copyright Provision..................................................................................4 14. Disputes...................................................................................................4 15. Duplicate Payment...................................................................................5 16. Governing Law and Venue....................................................................... 5 17. Indemnification......................................................................................... 5 18. Independent Capacity of the Grantee....................................................... 5 19. Industrial Insurance Coverage................................................................. 6 20. Laws........................................................................................................ 6 21. Licensing, Accreditation and Registration ................................................ 6 22. Limitation of Authority.............................................................................. 6 23. Noncompliance with Nondiscrimination Laws ........................................... 6 24. Pay Equity..................................................................................6 25. Political Activities..................................................................................... 7 26. Publicity................................................................................................... 7 Packet Pg. 103 2.5.a 27. Recapture................................................................................................ 7 28. Records Maintenance.............................................................................. 7 29. Registration with Department of Revenue ................................................ 7 30. Right of Inspection............................................................ ..........8 31. Savings....................................................................................................8 32. Severability.............................................................................................. 8 33. Site Security............................................................................................. 8 34. Subgranting/Subcontracting.....................................................................8 35. Survival....................................................................................................8 36. Taxes.......................................................................................................8 37. Termination for Cause............................................................................. 8 38. Termination for Convenience................................................................... 9 39. Termination Procedures...........................................................................9 40. Treatment of Assets............................................................................... 10 41. Waiver................................................................................................... 10 Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED DRAFT Packet Pg. 104 2.5.a FACE SHEET Grant Number: 22-96634 Washington State Department of Commerce Local Government Division Community Capital Facilities Unit L GRANTEE 2. GRANTEE Doing Business As (optional) City of Edmonds 700 Main Street Edmonds, Washington 98020 3. Grantee Representative 4. COMMERCE Representative Angie Feser Beth Robinson Parks and Recreation Director Project Manager P.O. Box 42525 (425) 771-0230 (360) 549-6260 1011 Plum Street SE Fax 360-586-5880 Olympia, WA 98504-2525 Angie.Feser@edmondswa.gov Beth.Robinson@commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $252,840.00 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/2021 6/30/2025, contingent on reappropriation, 6/30/2023 if funds are not reappropriated 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10.Tax ID# 11.S # 1 I# 13.DUNS # 47-1229883 00138 -07 20 93 N/A 14. Grant Purpose The outcome of this performance -based contract is to construct Mika's Playground as referenced in Attachment A — Scope of Work. COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work, Attachment `B" — Budget, Attachment "C" — Certification of Availability of Funds to Complete the Project, Attachment "D" — Certification of the Payment and Reporting of Prevailing Wages, Attachment "E" — Certification of Intent to Enter LEED process. FOR GRANTEE FOR COMMERCE Mark K. Barkley, Assistant Director Date Angie Feser, Director Date APPROVED AS TO FORM Date L M IL v t� I r c� M L ++ r- 0 c� c M L O m L d E E 0 U 0 0. 0 c 0 a� c 0 M 0 m M L c 0 V c L 0 U O C w 0 0 0 co c m E t 0 Q Packet Pg. 105 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THIS CONTRACT, entered into by and between City of Edmonds (a local government hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce (hereinafter referred to as COMMERCE), WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community -based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2021, Chapter 332, Section 1075, made an appropriation to support the 2022 Local & Community Projects Program, and directed COMMERCE to administer those funds; and WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project'). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT The Representative for all communications an The Representativ Sheet of this Grant The Representative f Sheet of this Grant. 2. COMPENSATION ng hall bWespor&6"r -n� be the contact person for re identified on the Face the GRANTEE and their contact information are identified on the Face COMMERCE shall pay an amount not to exceed $252,840.00 for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it has expended or has access to funds from non -state sources as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof Such non -state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. v) Pledges from individual donors. Packet Pg. 106 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non -state matching fund credit. vii) In -kind contributions, subject to COMMERCE'S approval. B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non -state sources, and shall make such records available for COMMERCE'S review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations and public benefit corporati inv expen re of tate funds. Projects for which the grant award legis iv ntent cu spe fy that the to funding is to be used for design only are exemp rom th s A. Deed of Trust. Thi ha e evi d by r issory not and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Section 2, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten-year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the commitment period under this grant contract, COMMERCE may require that GRANTEE record or cause to be recorded a covenant in a superior lien position ahead of the lender's security instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this contract for at least the term of the commitment period E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and Packet Pg. 107 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: a. GRANTEE purchases of real property from an independent third -party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. b. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineerin archi t I, an Ian C. Construction man men n bse do ro t nal source nly); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for one -hundred percent (100%) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed — by budget line item — for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the Packet Pg. 108 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS completion of work or other termination of this contract, or within fifteen (15) days following the end of the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 19, hereof. If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in the transmittal letter and request for payment. Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be maA&&maQOMW&WCwL Duplication of Billed C is The GRANTEE shall n bill C RRTEorAFT aAgreement, and COMMERCE shall not Rtiyment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. SUBCONTRACTOR DATA COLLECTION GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 10. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other Packet Pg. 109 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insuranDII, d Fidelit sura r bgrantees pursuant to this paragraphe e GR TE d th RANTEE' fiscal agent as beneficiary. C. The GRANTEvi M s r , copi of insurance instruments or certifications fu nce i i agen he copies certifications shall show the insurance covd ignate neficia o is cover the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self -Insurance Program. Self-Insured/Liability Pool or Self -Insured Risk Management Program — With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self -insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self -insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self - insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. Packet Pg. 110 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 11. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget • Attachment C — Certification of the Availability of Funds to Complete the Project • Attachment D — Certification of the Payment and Reporting of Prevailing Wages • Attachment E — Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 12. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. 13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does a t acq any in or title to the capital facilities and/or equip t con u d or rch e with ate funds der this contract; provided, however, that COMME CE m b d a int real perty, to secure funds awarded under this co act. is ovis d s no t d to claims at COMMERCE may bring against the GRANTEE turf fund ended lation of th contract. 14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. Packet Pg. 111 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. 16. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the line item by more than fifteen percent (15%). B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15%) threshold increase described above. C. Any such budget n ation des require the written approval of COMM RCE ail or gul il), such writt approval shall amend the Project Budget. Ea part ract in ke an and all documents related to such budget modifi tion p of t , r pecti c tract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. 17. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. 18. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall cooperate with COMMERCE to complete the requirements of Governor's Executive Order 05-05 or Executive Order 21-02, where applicable, or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with Governor's Executive Order 05-05 or Executive Order 21-02 as applicable, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any affected tribe(s), during Project design Packet Pg. 112 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS and prior to construction to determine the existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The GRANTEE shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05 and Executive Order 21-02. In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may be required to re -comp Gov xecuti Order - Order 21-02, or Section 106 of the National His ric er tion 19. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2023 will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 20. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. Packet Pg. 113 2.5.a SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 21. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN WORK The "Copyright Provisions", Section 13 of the General terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. DRAFT Packet Pg. 114 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms "subgrantee/subcontractor" refers to any tier. G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass - through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or services in the course of normal trade or commerce. H. "Vendor" is an a ag rovi the f services requested by COMMERCE; pr des ry 'RAF r ran only to t se beneficiaries individually determined to be ible C CE d, ovi vices n a fee -for -service or per -unit basis with contract I pen ie f th tit t program rformance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Packet Pg. 115 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 9. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is res onsible for an audit exceptions incurred b its own organization or that of its subgrantees. COMMERCE rese s the er m e E all sallowed costs resulting from the audit. Responses to any unresolved management findings and disallowe or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE's records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to auditreview(a)commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include: Packet Pg. 116 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. • Copy of the Management Letter. If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 10. BREACHES OF OTHER STATE CONTRACTS GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State of Washington. A breach of any other agreement entered into between GRANTEE and the State of Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, teDoonfiden fial ial se ity n rT se number and other identifying nuect He forfANTEEE on" underal Health Insurance Portability an19 A B. The GRANTEE sll e d fe ws reluse, sharing, transfer, sale, or disclosurnforma ion. The Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this contract. Packet Pg. 117 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on this Grant, or any matter related to the project funded under this Grant or any other state funded project, including but not limited to formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified individuallyby name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective m rAesthfs' u i "Materials" means all it s in d limit to, data, reports, documents, pamphlets, advertisem ts, b s ag ' edies, com ter programs, films, tapes, and/or sound reproduc wn ship" to copyrig patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre-existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 14. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the GRANTEE's name, address, and Contract number; and Packet Pg. 118 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 15. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 16. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any a ugR Athee i for Thurston County. 17. INDEMNIFICATION To the fullest extent pe Ia ndemnify, fend, and hold harmless the state of Washington, C RCE, agenciesa and all officia s, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 18. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. Packet Pg. 119 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 19. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the GRANTEE. 20. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended. 21. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 22. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any cl conMcd is C ract. alteration, amendment, modification, or waiver any uitio is c tract is not ffective or binding unless made in writing and si d by re nta 23.NONCOMPLIANCE WiiiiWND During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 24. PAY EQUITY The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. Packet Pg. 120 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS (ii) A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender -based differential; and account for the entire differential. This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise services determines that the GRANTEE is not in compliance with this provision. 25. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 26. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 27. RECAPTURE In the event that the G NTE aiRnonco Anceinad nFtion rdan with state laws, federal laws, and/or the provisions o his G t,aht to capture funds in an amount to compensate COMM or th any her remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 28. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved 29. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. Packet Pg. 121 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 30. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant. 31. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 32. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 33. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 34. SUBGRANTING/SUB NTR G Neither the GRANT or a su ran /s tFhout nter to subgrants/subcontracts for any of the work con d der Antra obtai g prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 35. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 36. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 37. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Packet Pg. 122 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 38. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 39. TERMINATION PROC )eo, Upon termination of thi GM E, n any other hts provided in this Grant, may require the GRANIr to C RCE roperty sp ifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its Packet Pg. 123 2.5.a GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS discretion, to settle or pay any or all claims arising out of the termination of such orders and subgrants/subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 40. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall ass to and vest in COMMERCE u on i) issuance for use of such property in the perfoDcE t AFall, of such property in the performance of this G) imb reof COMMERCE in whole or in part, whichever first o A. Any property of C rnishe u ss otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 41. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Packet Pg. 124 Attachment A 2.5.a Scope of Work Funds awarded under this grant shall be used by the City of Edmonds for construction of Mika's Playground located at 310 6th Avenue NE, Edmonds, WA. This will include, but not be limited to, installation of playground equipment, artificial turf surfacing, pathways, concrete seat walls, picnic table, drinking fountain, and trash and recycling receptacles. This project will serve as a benefit to the public by providing recreation and play opportunities for children of all abilities in an inclusive playground. This project is anticipated to be completed by November 2022. Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be within the scope of the legislative appropriation. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and approved by the GRANTEE'S overnin bod as of the date and ear written below. GRANTEE TITLE DATE Packet Pg. 125 Attachment B 2.5.a Budget Line Item Amount Construction $539,158.00 Total Contracted Amount: $539,158.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. GRANTEE TITLE DATE IDIRAFT Packet Pg. 126 Attachment C 2.5.a Certification of the Availability of Funds to Complete the Project Non -State Funds Amount Total Local Capital $286,318.00 Total Non -State Funds $286,318.00 $286,318.00 State Funds State Capital Budget $252,840.00 $252,840.00 Total Non -State and State Sources $539,158.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upo abl RAFT GRANTEE TITLE DATE Packet Pg. 127 Attachment D 2.5.a Certification of the Payment and Reporting of Prevailing Wages CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of May 18, 2021, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DRAFT DATE Packet Pg. 128 Attachment E 2.5.a Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. Fadlity Type Exemption GRANTEE aRAFT TITLE DATE Packet Pg. 129 2.6 City Council Agenda Item Meeting Date: 03/8/2022 2022 Parks, Recreation & Open Space (PROS) Plan Capital Program Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Narrative This agenda item is to review and seek initial feedback on the 2022 Parks, Recreation & Open Space (PROS) Plan Capital Program. This six -year parks capital project list, is the representation of improvements to the Edmonds park system including acquisition, development and renovation of parks, open space, trails and recreation facilities based on results of the PROS Plan. This six -year capital program, required by the State of Washington Recreation & Conservation Office (RCO), includes proposed cost estimates and implementation years. This is not a budget document, but rather a planning tool to inform future budget considerations, recommendations and decisions by the Planning Board and City Council. Planning Board Suggestions and Recommendation The Planning Boards suggestions for revision on the Capital Program included higher prioritization of the acquisition projects (2 members); Johnson property planning; the Edmonds Marsh planning and development once acquisition is complete and the Mathay Ballinger Park development and renovation. Two members also suggested that both the planning and development projects for 4th Avenue Cultural Corridor be lower prioritization. The Planning Board voted on a formal recommendation that the Marina Beach Park Renovation project should remain on the list with an 2023 start time frame. Capital Project Map and List There is a map illustrating the geographic distribution and year of the proposed projects with the project number coinciding with the capital lists. There are several projects, however, that are not site -specific such as proposed acquisitions and city-wide system repairs and those are simply listed on the map. The project number coding is a letter and number, for example A3 with the letter representing the category (acquisition, planning, development or renovation) and an identifying project number within the category. Projects and related numbering are not prioritized, but simply in alphabetical order within each year. Following the map are the capital lists in two versions; a complete list in alphabetical order and another list categorically grouped by acquisition, planning, development and renovation. This version of the list contains a few revisions since the draft PROS Plan was provided to the public on January 7, 2022 including - 1. The removal of $1M grant funding related to the Marina Beach Park Renovation project. The project remains on the CIP as a recommendation by the Planning Board. Packet Pg. 130 2.6 2. Estimated costs were assigned to the Marsh Estuary acquisition ($8M) and the Parks and Facilities Maintenance Building Renovation ($5M). 3. Cemetery Funds were added as revenue to cover the expenditures for the Columbarium project (D8). Staff Recommendation No recommendation for action. This agenda item and presentation is to provide an overview of the PROS Plan Capital Program project list. City staff is requesting initial Council Committee members feedback on the proposed list of project for potential revision consideration of the final PROS Plan and related Capital Program for full Council's consideration of approval later in the month. Background/History The City of Edmonds has been working to update its Parks, Recreation, and Open Space (PROS) Plan. The PROS Plan is a six -year plan that anticipates the programming and capital infrastructure investments necessary to meet the community's need for parks, recreation, open space, trails, and arts and culture. The Plan serves as a blueprint for the management, enhancement and growth of the City of Edmonds parks and recreation system and assists in guiding decisions related to planning, developing and maintaining parks, open space and recreational facilities. The Plan also identifies priorities for recreation programs, special events and arts and culture activities. A general overview of PROS Plan was presented at the January 12th and 26th, February 9th and 23rd Planning Board meetings as well as a Planning Board Subcommittee work session on February 3rd. The Parks Capital Program was also presented separately to the Planning board during two meetings for review and feedback. Attachments: PROS Capital Plan Memo - Map - List 2022-03-08 CC Cmte PROS Plan CIP PRESENTATION Packet Pg. 131 2.6.a v EDMONDSPARKS, RECREATION & CULTURAL SERVICES To: City of Edmonds Planning Board From: Angie Feser, Director, Parks, Recreation & Cultural Services CC: File Date: March 3, 2022 Re: 2022 Parks, Recreation & Open Space (PROS) Plan Capital Program This agenda item is to review and seek initial feedback on the 2022 Parks, Recreation & Open Space (PROS) Plan Capital Program. This six -year parks capital project list, is the representation of improvements to the Edmonds park system including acquisition, development and renovation of parks, open space, trails and recreation facilities based on results of the PROS Plan. This six -year capital program, required by the State of Washington Recreation & Conservation Office (RCO), includes proposed cost estimates and implementation years. This is not a budget document, but rather a planning tool to inform future budget considerations, recommendations and decisions by the Planning Board and City Council. There is a map illustrating the geographic distribution and year of the proposed projects with the project number coinciding with the capital lists. There are several projects, however, that are not site -specific such as proposed acquisitions and city-wide system repairs and those are simply listed on the map. The project number coding is a letter and number, for example A3 with the letter representing the category (acquisition, planning, development or renovation) and an identifying project number within the category. Projects and related numbering are not prioritized, but simply in alphabetical order within each year. Following the map are the capital lists in two versions; a complete list in alphabetical order and another list categorically grouped by acquisition, planning, development and renovation. This version of the list contains a few revisions since the draft PROS Plan was provided to the public on January 7, 2022 including — 1. The removal of $1M grant funding related to the Marina Beach Park Renovation project The project remains on the CIP as a recommendation by the Planning Board. 2. Estimated costs were assigned to the Marsh Estuary acquisition ($8M) and the Parks and Facilities Maintenance Building Renovation ($5M). 3. Cemetery Funds were added as revenue to cover the expenditures for the Columbarium project (D8). Packet Pg. 132 OF ED4 4 Q Parks, Recreation, and Cultural Services PARKS PROJECTSJAt Inc. 1890 Non Site -Specific Projects A 2 Neighborhood park - SE1 A 3 Neighborhood park - SR99 A 4 Neighborhood park - SE2 A 5 Interurban Trail P 2 Neighborhood park - SE1 P 6 Neighborhood park - SR99 P 7 Neighborhood park - SE2 D 13 Neighborhood park - SE1 D 15 Neighborhood park - SR99 D 18 Neighborhood park - SE2 R 10 System -wide signage R 13 System -wide playgrounds (2) R 17 System -wide annual repairs (TBD) R7 1 99 eP4 , ��iR4 R9 jAD3 �PD1 M • R1 D11,R2 MEN D2 • D12��V�� N )k �i FA fit all I L R Projects E 0 2022 • 2023 a Jh Edmonds Parl Q * Site specific projects only Edmonds PROS 2022 6-Year Capital Facilities Program D D D A P 3 8 4 1 4 City Park Cemetery Civic Center Playfields Edmonds Marsh Estuary Pedestrian safety walkway Columbarium Expansion - Phase II Renovation project continuation (2021 start) Acquisition Master Plan $ $ $ $ $ 100,000 150,000 9,871,574 8,000,000 250,000 $ 50,000 $ 9,871,574 $ 159,135 $ 8,741,816 $ 273,182 $ $ $ $ $ 50,000 159,135 9,871,574 8,741,816 273,182 D D 1 16 Elm Street Park Restoration Nature Playground $ TBD 75,000 $ $ 84,413 $ - 84,413 D 17 Small Shelter w/ picnic tables $ 75,000 $ 84,413 $ 84,413 R 14 Habitat restoration $ 50,000 $ 56,275 $ 56,275 R 1 Greenhouses Replacement $ 100,000 $ 100,000 $ 100,000 A 5 Interurban Trail Extension/acquisition $ 750,000 $ 869,456 $ 869,456 R 2 Johnson Property Demolition and securing site $ 200,000 $ 200,000 $ 200,000 P 5 Master Plan $ 75,000 $ 81,955 $ 81,955 R 3 Meadowdale Playfields Renovations (City of Lynnwood ILA) $ 500,000 $ 200,000 $ 300,000 $ 500,000 R D 12 9 Maplewood Hill Park Marina Beach Park Playground replacement Master Plan Implementation $ $ 125,000 5,000,000 $ 5,627,544 $ 144,909 $ $ 144,909 5,627,544 D 5 Mathay Ballinger Park Paved loop pathway $ 50,000 $ 53,045 $ 53,045 D 6 Restrooms $ 350,000 $ 371,315 $ 371,315 D A 7 2 Neighborhood park - SE1 Small Shelter w/ picnic tables South Edmonds target area acquisition-1 $ $ 75,000 1,500,000 $ 79,568 $ 1,545,000 $ $ 79,568 1,545,000 P 2 South Edmonds NH park master plan-1 $ 75,000 $ 79,568 $ 79,568 D A P 13 3 6 Neighborhood park - SR99 South Edmonds NH park development-1 SR 99 target area acquisition SR 99 target area NH park master plan $ $ $ 750,000 1,500,000 75,000 $ 1,591,350 $ 819,545 $ 81,955 $ $ $ 819,545 1,591,350 81,955 D 15 SR 99 target area NH park development $ 750,000 $ 844,132 $ 844,132 A 4 Neighborhood park - SE2 South Edmonds target area acquisition-2 $ 2,000,000 $ 2,185,454 $ 2,185,454 P 7 South Edmonds NH park master plan-2 $ 75,000 $ 84,413 $ 84,413 D 18 South Edmonds NH park development-2 $ 750,000 $ 869,456 $ 869,456 R 7 Olympic Beach Park Restroom upgrade $ 50,000 $ 53,045 $ 53,045 D 10 Pine Street Park Small Shelter w/ picnic tables $ 75,000 $ 79,568 $ 79,568 D 11 Paved connecting pathway $ 55,000 $ 58,350 $ 58,350 D 12 Canopy shade trees $ 25,000 $ 26,523 $ 26,523 R 16 Seaview Park Restroom replacement $ 350,000 $ 417,918 $ 417,918 R 8 Sierra Park Playground replacement $ 175,000 $ 185,658 $ 185,658 P 3 Waterfront Walkway Design completion $ 500,000 $ 500,000 $ 500,000 D 14 Construction $ 750,000 $ 750,000 $ 750,000 R 9 Yost Park Resurface tennis courts $ 70,000 $ 74,263 $ 74,263 R 4 Trail bridge & boardwalk repairs/replacements $ 80,000 $ 80,000 $ 80,000 R 6 Playground replacement $ 250,000 $ 257,500 $ 257,500 R 5 Pool repair $ 175,000 $ 175,000 $ 175,000 R 11 Pool upgrades/renovation $ 500,000 $ 546,364 $ 546,364 R 15 Pool replacement $ 20,000,000 $ 23,881,046 $ 23,881,046 P 8 4th Avenue Cultural Corridor Design completion $ 2,000,000 $ 2,251,018 $ 2,251,018 D 19 Construction $ 6,000,000 $ 6,955,644 $ 6,955,644 R 13 System -wide Playground replacement / upgrade to inclusive level $ 175,000 $ 196,964 $ 202,873 $ 399,837 R 10 Signage & wayfinding $ 50,000 $ - $ 53,045 $ 53,045 R 17 Capital repairs $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 600,000 P 1 Parks & Facilities M & O Building Design $ 1,000,000 $ 1,125,509 $ 1,125,509 D 2 Construction $ 4,000,000 $ 4,637,096 $ 4,637,096 Totals $ 69,651,574 $ 10,776,574 $ 2,406,428 $ 8,888,047 $ 13,725,179 $ 4,827,137 $ 37,933,489 $ 78,556,853 Project Type A Acquisition P Master planning D Development - new R Replacement/Upgrade NOTES: This list identifies planning -level cost estimates and does not assume the value of volunteer or other non -City contributions. Detailed costing may be necessary for projects noted. This list is not an official budget and intended as a guiding document for City staff in the preparation of departmental budgets. 2.6.a N J O O E N C cv a <C Q cv V W O W a C d E t v O r� r� a Packet Pg. 1 47 2.6.a Edmonds PROS 2022 6-Year Capital List by Category A 1 Edmonds Marsh Estuary Acquisition $ 8,000,000 $ 8,741,816 $ 8,741,816 A 2 Neighborhood park - SE1 South Edmonds target area acq-1 $ 1,500,000 $ 1,545,000 $ 1,545,000 A 3 Neighborhood park - SR99 SR 99 target area acquisition $ 1,500,000 $ 1,591,400 $ 1,591,400 A 4 Neighborhood park - SE2 South Edmonds target area acq-2 $ 2,000,000 $ 2,185,500 $ 2,185,500 A 5 Interurban Trail Extension/acquisition $ 750,000 $ 869,500 $ 869,500 $ 14,933,216 P 1 Parks & Facilities M & O Building Design $ 1,000,000 $ 1,125,509 $ 1,125,509 P 2 Neighborhood park - SE2 South Edmonds NH park master plan-1 $ 75,000 $ 79,600 $ 79,600 P 3 Waterfront Walkway Design completion $ 500,000 $ 500,000 $ 500,000 P 4 Edmonds Marsh Estuary Master Plan $ 250,000 $ 273,200 $ 273,200 P 5 Johnson Property Master Plan $ 75,000 $ 82,000 $ 82,000 P 6 Neighborhood park - SR100 SR 99 target area NH park master plan $ 75,000 $ 82,000 $ 82,000 P 7 Neighborhood park - SE3 South Edmonds NH park master plan-2 $ 75,000 $ 84,400 $ 84,400 P 8 4th Avenue Cultural Corridor Design completion $ 2,000,000 $ 2,251,000 $ 2,251,000 $ 4,477,709 D D D D 1 2 3 4 Edmonds Marsh Estuary Parks & Facilities M & O Building City Park Civic Center Playfields Restoration Construction Pedestrian safety walkway Renovation project cont (2021 start) $ $ $ TBD 4,000,000 100,000 $ 50,000 9,871,574 i $ 9,871,574 $ $ 4,637,096 $ $ $ - 4,637,096 50,000 9,871,574 D 5 Mathay Ballinger Park Paved loop pathway $ 50,000 $ 53,000 $ 53,000 D 6 Mathay Ballinger Park Restrooms $ 350,000 $ 371,300 $ 371,300 D 7 Mathay Ballinger Park Small Shelter w/ picnic tables $ 75,000 $ 79,600 $ 79,600 D 8 Cemetery Columbarium Expansion - Phase II $ 150,000 $ 159,135 $ 159,135 D 9 Marina Beach Park Master Plan Implementation $ 5,000,000 $ 5,304,500 $ 5,304,500 D 10 Pine Street Park Small Shelter w/ picnic tables $ 75,000 $ 79,600 $ 79,600 D 11 Pine Street Park Paved connecting pathway $ 55,000 $ 58,300 $ 58,300 D 12 Pine Street Park Canopy shade trees $ 25,000 $ 26,500 $ 26,500 D 13 Neighborhood park -SE3 South Edmonds NH park development-1 $ 750,000 $ 819,500 $ 819,500 D 14 Waterfront Walkway Construction $ 750,000 $ 750,000 $ 750,000 D 15 Neighborhood park - SR101 SR 99 target area NH park development $ 750,000 $ 844,100 $ 844,100 D 16 Elm Street Park Nature Playground $ 75,000 $ 84,400 $ 84,400 D 17 Elm Street Park Small Shelter w/ picnic tables $ 75,000 $ 84,400 $ 84,400 D 18 Neighborhood park -SE4 South Edmonds NH park development-2 $ 750,000 $ 869,500 $ 869,500 D 19 4th Avenue Cultural Corridor Construction $ 6,000,000 $ 6,955,600 $ 6,955,600 $ 31,098,105 R R 1 2 Greenhouses Johnson Property Replacement Demolition and securing site $ 100,000 $ 200,000 $ L $ 100,000 200,000 $ 100,000 $ 200,000 R 3 Meadowdale Playfields Renovations (City of Lynnwood ILA) $ 500,000 $ 200,000 $ 300,000 $ 500,000 R 4 Yost Park Trail bridge & boardwalk repairs/replace $ 80,000 $ 80,000 $ 80,000 R 5 Yost Park Pool repair $ 175,000 jib, 175, $ 175,000 R 6 Yost Park Playground replacement $ 250,000 $ 257,500 $ 257,500 R 7 Olympic Beach Park Restroom upgrade $ 50,000 $ 53,000 $ 53,000 R 8 Sierra Park Playground replacement $ 175,000 $ 185,700 $ 185,700 R 9 Yost Park Resurface tennis courts $ 70,000 $ 74,300 $ 74,300 R 10 System -wide Signage & wayfinding $ 50,000 $ 53,000 $ 53,000 R 11 Yost Park Pool upgrades/renovation $ 500,000 $ 546,400 $ 546,400 R 12 Maplewood Hill Park Playground replacement $ 125,000 $ 144,900 $ 144,900 R 13 System -wide Playground replacement / inclusive level $ 175,000 $ 197,000 $ 202,900 $ 399,900 R 14 Elm Street Park Habitat restoration $ 50,000 $ 56,300 $ 56,300 R R R 15 16 17 Yost Park Seaview Park System -wide Pool replacement Restroom replacement Capital repairs* $ 20,000,000 $ 350,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ $ 23,881,000 $ 417,900 100,000 $ 100,000 $ 100,000 $ 23,881,000 $ 417,900 $ 600,000 $ 27,724,900 Totals $ 69,651,574 $ 10,782,640 $ 2,412,469 $ 8,571,107 $ 13,731,391 $ 4,833,187 $ 37,939,577 $ 78,233,930 Packet Pg. 1 57 2.6.b 2022 PROS Plan Capital Program Parks & Public Works Committee March 8, 2022 am tU R Q C , d Q 0 06 C O R m L V N(D ar L a N N O N Packet Pg. 136 2.6.b Presentation Overview • Proposed Project List • Revision Considerations/Limitations • Planning Board comments Feedback from Council Committee (2) Packet Pg. 137 2.6.b D 8 Cemetery Columbarium Expansion - Phase 11 $ 150,000 $ 159,135 D 4 Civic Center Playfields Renovation project continuation (2021 start) $ 9,871,574 $ 9,871,574 AAA (, ■ A 1 Edmonds Marsh Estuary Acquisition $ 8,000,000 $ 8,741,816 v ' P 4 D 1 Master Plan Restoration $ 250,000 TBD $ 273,182 D 16 Elm Street Park Nature Playground $ 75,000 $ 84,413 D 17 Small Shelter w/ picnic tables $ 75,000 $ 94,413 U R 14 R 1 Greenhouses Habitat restoration Replacement $ $ 50,000 100,000 $ 100,000 $ 56,275 A 5 Interurban Trail Extension/acquisition 750,000 $ R 2 Johnson Property Demolition and securing site $ 200,000 $ 200,000 869,456 P 5 Master Plan $ 75,000 $ 81,955 R 3 Meadowdale Playfields Renovations (City of Lynnwood ILA) $ 500,000 $ 200,000 $ 300,000 R 12 Maplewood Hill Park Playground replacement $ 125,000 $ 144,909 • D 9 Marina Beach Park D 5 Mathay Ballinger Park Master Plan Implementation Paved loop pathway $ $ 5,000,000 50,000 $ $ 53,045 5,627,544 O D 6 Restrooms $ 350,000 $ 371,315 D 7 Small Shelter w/ picnic tables $ 75,000 $ 79,568 A 2 Neighborhood park -SE3 P 2 D 13 A 3 Neighborhood park -SR99 South Edmonds target area acquisition-1 South Edmonds NH park master plan-1 South Edmonds NH park development-1 SR 99 target area acquisition $ $ $ $ 1,500,000 75,000 750,000 1,500,000 $ 1,545,000 $ $ 79,568 $ 1,591,350 819,545 P 6 SR 99 target area NH park master plan $ 75,000 $ 81,955 D 15 SR 99 target area NH park development $ 750,000 $ 844,132 /7 WD A 4 Neighborhood park-SE2 P 7 18 South Edmonds target area acquisition-2 South Edmonds NH park master plan-2 South Edmonds NH park development-2 $ $ $ 2,000,000 75,000 750,000 $ 2,185,454 $ 84,413 $ 869,456 R 7 Olympic Beach Park Restroom upgrade $ 50,000 $ 53,045 LnD 10 Pine Street Park Small Shelter w/ picnic tables $ 75,000 $ 79,568 O D 11 D 12 Paved connecting pathway Canopy shade trees $ $ 55,000 25,000 $ $ 58,350 26,523 /ram R 16 Seaview Park Restroom replacement $ 350,000 $ 417,918 R 8 Sierra Park Playground replacement $ 175,000 $ 185,658 P 3 Waterfront Walkway Design completion $ 500,000 $ 500,000 D 14 Construction $ 750,000 $ 750,000 O 0 R 9 Yost Park R 4 R 6 Resurface tennis courts Trail bridge& boardwalk repairs/replacements Playground replacement $ $ $ 70,000 80,000 $ 250,000 80,000 $ $ 257,500 74,263 R 5 Pool repair $ 175,000 $ 175,000 R 11 Pool upgrades/renovation $ 500,000 $ 546,364 R 15 Pool replacement $ 20,000,000 $ 23,881,046 P 8 4th Avenue Cultural Corridor Design completion $ 2,000,000 $ 2,251,018 D 19 Construction $ 6,000,000 $ 6,955,644 R 13 System -wide Playground replacement / upgrade to inclusive level $ 175,000 $ 196,964 $ 202,873 R 10 Signage & wayfinding $ 50,000 $ - $ 53,045 R 17 Capital repairs $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 P 1 Parks & Facilities M & O Building Design $ 1,000,000 $ 1,125,509 Totals $ 69,651,574 $ 10,776,574 $ 2,406,428 $ 8,888,047 $ 13,725,179 $ 4,827,137 $ 37,933,489 a� a c a) a O 06 c 0 L V (D M lv a N N O N Z O Categories Acquisition Z LL a Planning - Master Plannin C Development - permits, a construction °� a Renovation - repairs, chi replacement, upgrades U 00 O Mo cl� O N `n N N C I $9� E t V R al Packet Pg. 138 2.6.b M'A ll Q) V) 0 n 0 ^^L- ILL (4) WWI r Parks, Recreation, and Cultural Services PARKS PROJECTS roc. �xy° 0 Non Site -Specific Projects A 2 Neighborhood park - SE1 A 3 Neighborhood park - SR99 A 4 Neighborhood park - SE2 A 5 Interurban Trail P 2 Neighborhood park - SE1 P 4 Edmonds Marsh Estuary P 6 Neighborhood park - SR99 P 7 Neighborhood park - SE2 D 13 Neighborhood park - SEl D 15 Neighborhood park - SR99 D 18 Neighborhood park - SE2 R 10 System -wide signage R 13 System _wide playgrounds 2 R 17 System -wide annual repairs A A4 • * Site P3 D4 s D14 PS R7• 0D19 Al D3 D10 D2 R1 D11 D12 P1 • R14 0 D16 D17 D6+7 • IDS .ts not shown. January 2022 (D U 0 a U) c a) a O 06 c 0 a d L V a) N Y L a N N O N C 1= al Packet Pg. 139 2.6.b Project List • Substantial projects ($$$) Expenditure in the CIP Pool replacement ($20m) 4t" Avenue Cultural Corridor ($8M) Marsh Expansion Acquisition/Unocal ($8M) Expenditure amount NOT in the CIP Marsh Restoration Project ($10 - $20M??) • Other Notes Marsh Restoration Project transferred to Parks Marina Beach Park project still in CIP with $1M grant removed (1) U M Q. c as a O 06 r- 0 EDMONDS CENTER L. FOR THE ARTS U o� co a. o°` N v� N CN ♦:y.. p ..f r �~ D Z W N W W IL ILCn O M a m E U U U 00 0 n 0 'r N N O N C E t V Q Packet Pg. 140 2.6.b Considerations for Revisions to List (Limitations) • Revenue Sources • Restricted funds • Real Estate Excise Tax (REET I & II) • Park Impact Fees (PIF) • Tree Fund (land acquisition) • Grants • Donations • Unrestricted funds • General Fund • Bonds • Staff Resources (7) J • Project Management — Director, Parks Maintenance Manager, Parks Planner (July 2022) Parks, Recreation, CnlNral Arts & Human Services 2022 Department Work Plan 1st QTR Planning/Administration PROS Plan ADA Transition Plan JAN FEB MAR B Psmc Salmon Safe City Emergency Management Plan Update Budgat/CIP Capital Program De,/Implementation Land Acquisition (Council as needed) City of Lynnwood Meadowdale Park ILA renewal Grant Applications Shell Creek Property - RCO Compliance Project Building Code Compliance Issues (2) Parks Capital Projects/Contracted Work Civic Park Complex Yost Park - Civic Water Mitigation Yost Pool Plaster Repair Greenhouse Replacement Johnson Property Clean-up/Securing Olympic Beach Parking Lot Olympic Beach Pathway Park Maintenance/Major Maintenance ADA Compliance Issues (2N Identified J X MBP Parking space 8ane14Plaeea—ts X Brackett's North Restroom Refurb Bill Anderson Viewer Installation City Park Pedestrian Safety Project Dayton Street Project Landscaping- Planting only (5th/Dayton) Five Corner Roundabout In, and Plant replacment Floretum Garden Club Sculpture Installation Flower Pole Order / Replace IS+ 1 at city hall) Mathay Ballinger Playground Rope Climber replacement Pedestrian Crossing Improvements landscaping Sierra Park Path for the Blind into compliance Veterans Plaza Flag Pole Sleeve Install Waste Water Treatment plant Planting Irrigation Waterfront Beach Replanting/Mitigation Yost Park Bridges (2) Repair a� a c a� a O 06 r- O L V NN� 1.6 a N N 0 v z O Q z W W Nw 1.6 a U R a W ON w IL +C+ G U U U 00 O M 0 N N O N C t rJ R Q Packet Pg. 141 2.6.b 2022 Council Approved CIP Projects • In Progress • Civic Park • Citywide Renovations • In 2022 CI P • Playground Upgrade • Yost Pool Project • Acquisitions • Carryover Projects • Greenhouse replacement • City Park pedestrian pathway Johnson Property Demo/Security* (not approved, but is priority) # PROJECT 2022 Civic Center Playfield Redevelopmentof 8-acre park consistent with Master Plan adopted in 2017; PRK 1 add restrooms, walkingtrack, landscaping, inclusive playground, improve $ 9,755,742 field and lighting, skate park, petanque grove, tennis and multi sports courts. Playground Upgrade Program PRK 4 Annual upgrades of playground equipment and fall surfacing to provide $ 175,000 additional inclusive playgrounds/facilities providingaccess for children of all ages and abilities. Yost Pool Repair Regular maintenanceto re -plaster the pool to replace and repair failing PRK 5 plaster. Pool will be forced to close without repair. $ 175,000 Citywide Park Improvements / Capital Replacement Program PRK A This ongoing program allocates funds for the regular maintenance, repair and $ 155,000 replacement of parks amenities, structures and equipment. Park and Open Space Acquisition Program To acquire land for future parks and open spaces as opportunities become PRK C available. $ 1,099,000 aD U M Q. c as a O 06 r- O L V vi a N N 0 Z O H Q H Z W W a a_ U M a N O a m E U U U co O O N N O N C t V Q Packet Pg. 142 2.6.b a a c a a O Proposed Project J List Revenue 06 L • Without Big Ticket Item ($MM?) NNV 1.6 • Marsh Restoration a • No unsecured grants N N O Z O Q 1 11 1Mr FT.,1 Z W LU a Beginning Fund Balance $ 4,554,645 a U $ 2,180,756 $ 2,044,122 $ (4,404,028) $ (15,867,826) $ (18,439,331) Revenue $ 8,402,685 $ 2,269,793 $ 2,439,897 $ 2,261,381 $ 2,255,632 $ 2,229,461 r a Expenditures $ 10,776,574 $ 2,406,428 $ 8,888,047 $ 13,725,179 $ 4,827,137 $ 37,933,489 Ow Ending Fund Balance $ 2,180,756 $ 2,044,122 $ (4,404,028) $ (15,867,826) $ (18,439,331) $ (54,143,359) a U U Mo U 00 0 M (9) �, O N _"._� o N N O N $9� E t V R Q Packet Pg. 143 2.6.b Planning Board Comments - • Higher Prioritization • Acquisitions (2) • Johnson property planning • Marsh planning/development once acquisition is complete • Mathay Ballinger development/renovation • Lower Prioritization • 4t" Avenue Cultural Corridor planning/development (2) • Marina Beach Park Renovation should remain on CIP with an estimated 2023 start (Formal recommendation) <10> a� a c a� a O 06 C O L V N(D ar L a N N O Z O a Z W W W a U c R a W O W IL d E U U U 00 O M 0 N N O N C t V R Q Packet Pg. 144 2.6.b Edmonds PROS 2022 6-Year Capital Facilities Program - D 3 City Park Pedestrian safety walkway $ 100,000 $ 50,000 D 8 Cemetery Columbarium Expansion - Phase II $ 150,000 $ 159,135 D 4 Civic Center Playfields Renovation project continuation (2021 start) $ 9,871,574 $ 9,871,574 ^ A 1 Edmonds Marsh Estuary Acquisition $ 8,000,000 $ 8,741,816 v , P 4 Master Plan $ 250,000 $ 273,182 • D 1 Restoration TBD D 16 Elm Street Park Nature Playground $ 75,000 r� D 17 Small Shelter w/picnic tables $ 75,000 R 14 Habitat restoration $ 50,000 1 , R 1 Greenhouses Replacement $ 100,000 $ 100,000 A 5 Interurban Trail Extension/acquisition $ 750,000 U R 2 Johnson Property Demolition and securing site $ 200,000 $ 200,000 P 5 Master Plan $ 75,000 $ 81,955 R 3 Meadowdale Playfields Renovations (City of Lynnwood ILA) $ 500,000 $ 200,000 $ 300,000 R 12 Maplewood Hill Park Playground replacement $ 125,000 $ 144,909 • D 9 Marina Beach Park Master Plan Implementation $ 5,000,000 $ 5,627,544 D 5 Mathay Ballinger Park Paved loop pathway $ 50,000 $ 53,045 O D 6 Restrooms $ 350,000 $ 371,315 D 7 Small Shelter w/picnic tables $ 75,000 $ 79,568 A 2 Neighborhood park-SEl South Edmonds target area acquisition-1 $ 1,500,000 $ 1,545,000 P 2 South Edmonds NH park master plan-1 $ 75,000 $ 79,568 D 13 South Edmonds NH park development-1 $ 750,000 $ 819,545 A 3 Neighborhood park -SR99 SR 99 target area acquisition $ 1,500,000 $ 1,591,350 P 6 SR 99 target area NH park master plan $ 75,000 $ 81,955 D 15 SR 99 target area NH park development $ 750,000 V A 4 Neighborhood park -SE2 South Edmonds target area acquisition-2 $ 2,000,000 $ 2,185,454 w �P 7 South Edmonds NH park master plan-2 $ 75,000 W D 18 South Edmonds NH park development-2 $ 750,000 ^ R 7 Olympic Beach Park Restroom upgrade $ 50,000 $ 53,045 v , D 10 Pine Street Park Small Shelter w/picnic tables $ 75,000 $ 79,568 D 11 Paved connecting pathway $ 55,000 $ 58,350 O D 12 Canopy shade trees $ 25,000 $ 26,523 R 16 Seaview Park Restroom replacement $ 350,000 R 8 Sierra Park Playground replacement $ 175,000 $ 185,658 P 3 Waterfront Walkway Design completion $ 500,000 $ 500,000 D 14 Construction $ 750,000 $ 750,000 O R 9 Yost Park Resurface tennis courts $ 70,000 $ 74,263 R 4 Trail bridge& boardwalk repairs/replacements $ 80,000 $ 80,000 R 6 Playground replacement $ 250,000 $ 257,500 A R 5 Pool repair $ 175,000 $ 175,000 R 11 Pool upgrades/renovation $ 500,000 $ 546,364 R 15 Pool replacement $ 20,000,000 P 8 4th Avenue Cultural Corridor Design completion $ 2,000,000 $ 869,456 $ 869,456 D 19 Construction $ 6,000,000 $ 6,955,644 R 13 System -wide Playground replacement / upgrade to inclusive level $ 175,000 $ 196,964 $ 202,873 R 10 Signage & wayfinding $ 50,000 $ - $ 53,045 MOti R 17 Capital repairs $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 1 P 1 Parks & Facilities M & O Building Design $ 1,000,000 $ 1,125,509 f v' ` 11 D 2 Construction $ 4,000,000 $ 4" -..96 ?� Totals $ 69,651,574 $ 10,776,574 $ 2,406,428 $ 8,888,047 $ 13,725,179 $ 4,827,137 $ 37,933,489 �q0 a� a c a> CL O 06 i O L IJ NIy L7� N a N N O N Z O Q Z W W a IL U R a O W IL C� G U U U 00 0 M 0 N N O N i t V R Q Packet Pg. 145 2.6.b Acquisitions A 1 Edmonds Marsh Estuary A 2 Neighborhood park - SE1 A 3 Neighborhood park - SR99 A 4 Neighborhood park - SE2 A 5 Interurban Trail c12� Acquisition $ 8,000,000 South Edmonds target area acq-1 $ 1,500,000 SR 99 target area acquisition $ 1,500,000 South Edmonds target area acq-2 $ 2,000,000 Extension/acquisition $ 750,000 $ 1,545,000 $ 1,591,400 $ 8,741,816 $ 2,185,500 $ 869,500 $ 8,741,816 $ 1,545,000 $ 1,591,400 $ 2,185,500 $ 14,933,216 a� a c a) a O 06 C O L V N(D 1.6 Ad L a N N 0 N Z O H Q I— Z W to W D' a U c R a U) O w a E U U U 00 0 M 0 N N O N C t V R Q Packet Pg. 146 2.6.b Planning P 1 Parks & Facilities M & O Building Design $ 1,000,000 $ 1,125,509 P 2 Neighborhood park - SE1 South Edmonds NH park master plan-1 $ 75,000 $ 79,600 P 3 Waterfront Walkway Design completion $ 500,000 $ 500,000 P 4 Edmonds Marsh Estuary Master Plan $ 250,000 $ 273,200 P 5 Johnson Property Master Plan $ 75,000 $ 82,000 P 6 Neighborhood park - SR99 SR 99 target area NH park master plan $ 75,000 $ 82,000 P 7 Neighborhood park - SE2 South Edmonds NH park master plan-2 $ 75,000 $ 84,400 P 8 4th Avenue Cultural Corridor Design completion $ 2,000,000 $ 2,251,000 c13� $ 1,125,509 $ 79,600 $ 500,000 $ 273,200 $ 82,000 $ 82,000 $ 84,400 $ 2,251,000 $ 4,477,709 m a c m a O CO O L <.i NNd LPL N Y L IL N N 0 N Packet Pg. 147 2.6.b m a 4) a O 06 Develo ment ° p ° L :.i d Project/ 1 1 1 IR2025= 1 Project N D 1 Edmonds Marsh Estuary Restoration TBD $ - Y L D 2 Parks & Facilities M & 0 Building Construction $ 4,000,000 $ 4,637,096 $ 4,637,096 IL D 3 City Park Pedestrian safety walkway $ 100,000 50,000 $ 50,000 N D 4 Civic Center Playfields Renovation project cont (2021 start) $ 9,871,600 $ 9,871,600 $ 9,871,600 C N D 5 Mathay Ballinger Park Paved loop pathway $ 50,000 $ 53,000 $ 53,000 v D 6 Mathay Ballinger Park Restrooms $ 350,000 $ 371,300 $ 371,300 Z O D 7 Mathay Ballinger Park Small Shelter w/ picnic tables $ 75,000 $ 79,600 $ 79,600 Q D 8 Cemetery Columbarium Expansion - Phase II $ 150,000 $ 159,100 $ 159,100 D 9 Marina Beach Park Master Plan Implementation $ 5,000,000 $ 5,304,500 $ $ $ 5,304,500 Z W D 10 Pine Street Park Small Shelter w/ picnic tables $ 75,000 $ 79,600 $ 79,600 y W D 11 Pine Street Park Paved connecting pathway $ 55,000 $ 58,300 $ 58,300 W D 12 Pine Street Park Canopy shade trees $ 25,000 $ 26,500 $ 26,500 IL IL D 13 Neighborhood park - SE1 South Edmonds NH park development-1 $ 750,000 $ 819,500 $ 819,500 V D 14 Waterfront Walkway Construction $ 750,000 $ 750,000 $ 750,000 D 15 Neighborhood park - SR99 SR 99 target area NH park development $ 750,000 $ 844,100 $ 844,100 d D 16 Elm Street Park Nature Playground $ 75,000 $ 84,400 $ 84,400 O D 17 Elm Street Park Small Shelter w/ picnic tables $ 75,000 $ 84,400 $ 84,400 W D 18 Neighborhood park - SE2 South Edmonds NH park development-2 $ 750,000 $ 869,500 $ 869,500 IL 4) D 19 4th Avenue Cultural Corridor Construction $ 6,000,000 $ 6,955,600 $ 6,955,600 w $ 31,098,096 () V V 00 O M O c14� N o N a+ C d L V l0 r� Q Packet Pg. 148 2.6.b a� a c a� a O 06 Renovations O L V Project(i Project# Site Description 20221 023 20241 1 1 • • M N R 1 Greenhouses Replacement $ 100,000 $ 100,000 $ 100,000 Y R 2 Johnson Property Demolition and securing site $ 200,000 $ 200,000, $ 200,000 11 R 3 Meadowdale Playfields Renovations (City of Lynnwood ILA) $ 500,000 $ 200,000 $ 300,000 $ 500,000 N N R 4 Yost Park Trail bridge & boardwalk repairs/replace $ 80,000 $ 80,000 $ 80,000 N R 5 Yost Park Pool repair $ 175,000 175,000 $ 175,000 R 6 Yost Park Playground replacement $ 250,000 $ 257,500 $ 257,500 Z O R 7 Olympic Beach Park Restroom upgrade $ 50,000 $ 53,000 $ 53,000 Q R 8 Sierra Park Playground replacement $ 175,000 $ 185,700 $ 185,700 1-- R 9 Yost Park Resurface tennis courts $ 70,000 $ 74,300 $ 74,300 Z W R 10 System -wide Signage & wayfinding $ 50,000 $ 53,000 $ 53,000 N W R 11 Yost Park Pool upgrades/renovation $ 500,000 $ 546,400 $ 546,400 W IL R 12 Maplewood Hill Park Playground replacement $ 125,000 $ 144,900 $ 144,900 d R 13 System -wide Playground replacement / inclusive level $ 175,000 $ 197,000 $ 202,900 $ 399,900 (j R 14 Elm Street Park Habitat restoration $ 50,000 $ 56,300 $ 56,300 = cv R 15 Yost Park Pool replacement $ 20,000,000 $ 23,881,000 $ 23,881,000 d R 16 Seaview Park Restroom replacement $ 350,000 $ 417,900 $ 417,900 CO) R 17 System -wide Capital repairs* $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 100,000 $ 600,000 M c15� $ 27,7 ■ E� I Packet Pg. 149 2.6.b Next Steps — PROS Plan • Public Hearing: • Adoption Consideration: March 15 March 22 Comments? Questions? Suggestions? (1) U 0 0. c as a O 06 c 0 �a m L V NN� 1.6 a. N N O Z O Q Z W W w a. a_ U c M a. O M a. m E U U U 00 O c%) O N N O N C E t V f� Q Packet Pg. 150 2.7 City Council Agenda Item Meeting Date: 03/8/2022 Presentation of a Professional Services Agreement with BHC Consultants for the Ph 10 Sewer Project Staff Lead: Rob English Department: Public Works & Utilities Preparer: Rob English Background/History Staff Recommendation Forward item to the consent agenda for approval at the March 15th City Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in October 2021 to hire a consultant to provide design engineering services for the Phase 10 and 11 Sewerline Replacement Projects. The City received statements of qualifications from five engineering firms and the selection committee selected BHC Consultants based on their experience and qualifications. The design engineering for the Phase 10 Sewerline Replacement Project is expected to be complete by Winter 2022, with construction expected to begin in Spring of 2023. In addition, a Sewerline site evaluation and preliminary alignment/design is included to determine the alignment of the sewerlines that will be replaced as part of the Phase 11 Sewerline Replacement Project. When construction design services are required for the Phase 11 Sewerline Replacement Project, a separate scope and fee will be drafted winter 2022 for design services and submitted to City Council for approval. In total, the Phase 10 and 11 Sewerline Replacement Projects has identified 5,400 feet of sanitary sewer main and appurtenances in need of upgrade/replacement. Of this amount, these two projects will replace a total of approximately 3,000 to 4,000 linear feet of existing Sewerlines and associated appurtenances. The Phase 10 Sewerline Replacement Project will replace approximately 1,500 to 2,000 linear feet of sewermain. Per the attached negotiated scope of services, the cost to complete the scoped Phase 10 work is $426,411. This includes various management reserve items totaling $94,000, which dependent on the existing utility and site conditions may not need to be expended. All project costs will be funded by the 423 Sewer Utility Fund. The selection of the sites was determined using the data supplied in the 2013 Comprehensive Sewer System Plan dated August 2013, coordinating with upcoming road, water, and storm drain projects, and input from Public Works. Projects for Phase 10 will focus on replacement of pipe by fixing pipe bellies and existing pipe damage that cannot be addressed via trenchless construction methods. Attachments: Project Map Packet Pg. 151 2.7 Professional Services Agreement Packet Pg. 152 2.7.a 0 Phase 10 Sewer Replacement Re 2 Jley Between th Ave S and 3rd Ave S Vorth of Walnut SO -LL Phase 10 (2023) Sewer Replacement Proiect Sites Site 6 Maple St Between 9th & 10th Ave S_ 1 )N �,41 Si Between 72nd Ave W and Meadowdale Beach Rd Site 4 7700 Block Between 202nd PI SW and 203rd St SW Site 1 Edmonds St, east of 9th Ave N t Site 5 Portion of Shell Valley Road, Pioneer Way and IlEasement North of Main St. C a� L a L d 3 Cn 0 T a i as L _ 4- _ C M C I ti 1 L a - N CO cc 21 d 0 a, 0 a Packet Pg. 153 2.7.b CITY OF EDMONDS MIKE NELSON 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and BHC Consultants, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide design services services with respect to the Phase 10 Sanitary Sewer Replacement project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of FOUR HUNDRED TWENTY SIX THOUSAND FOUR HUNDRED ELEVEN DOLLARS ($426,411.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. 1 Packet Pg. 154 2.7.b C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 155 2.7.b 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coveraize A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Pg. 156 2.7.b 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to Packet Pg. 157 2.7.b assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: BHC Consultants 1601 Fifth Ave, Suite 500 Seattle, WA 98101 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of 2022. CITY OF EDMONDS BHC Consultants By Mike Nelson, Mayor Its ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 158 2.7.b STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2022, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 159 2.7.b APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 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. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and 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 City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 160 2.7.b APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities. • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and proejcts); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilties Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 161 2.7.b EXHIBIT A SCOPE OF SERVICES City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement February 25, 2022 Statement of Understanding The City of Edmonds (City) is contracting with BHC Consultants (BHC) to complete the design of approximately 1,500 to 2,000 feet of sanitary sewer main replacements for construction in 2023. The City has identified six sites that need sanitary sewer repair or replacement, totaling about 5,400 feet of sanitary sewer mains (See Exhibit A-1). BHC is teamed with Landau Inc. (Landau) for geotechnical investigations and environmental evaluations/permitting, Duane Hartman and Associates (DHA) for surveying and easements, and Advanced Potholing Services (APS) for utility locates and potholing. BHC will prepare approximately 30% design drawings for each site to identify the necessary improvements and then develop opinions of probable construction costs for those improvements. Following the City's review of the 30% design drawings, BHC will work with the City to determine which sites will be included in the 2023 construction contract. Discussions with the City indicate the 2023 construction contract will address up to 2,000 feet of sanitary sewer repair or replacement. BHC then will develop bid documents for the selected sites that the City can use to solicit bids from contractors to construct the improvements. Descriptions for each site and their associated upgrades are as follows: Site 1: This site addresses sanitary sewer mains within Edmonds Street between 9th Avenue N and 10th Place N. The western half of the sewer system in Edmonds Street (the green highlighted section on Site 1 in Exhibit A-1) has some significant bellies that need to be addressed. The study area will include the eastern half of Edmonds Street between 9th Avenue N and loth Place N as well as the main in 9th Avenue between Edmonds Street and Sprague Street in case those segments are needed to address potential solutions to remove the bellies. The proposed upgrades are anticipated to be contained within public rights of way with no easements needing to be acquired. The City has determined that no critical areas are located within the limits of this site. Topographic survey data will be obtained for the entire study area. Site 2: This site addresses some 8-inch gravity sanitary sewers located in an alley between 3rd Avenue S and 4th Avenue S. The existing sewers are in poor condition with numerous bellies. The City has included a reach of pipe along Walnut Street between the alley and 3rd Avenue S as part of the study area in case additional reaches of pipe are needed to address slope issues pertaining to the bellies. A PUD substation is located on the east side of the alley (Lot 260) so the improvement options may be impacted by some large electrical conduits in the alley that are associated with the substation. Pipe bursting may be an option at this site, depending on the magnitude of the bellies in the existing mains. The City has determined that no critical areas are located within the limits of this project site. Per the City's GIS database, there are no critical areas within the limits of this site. Topographic survey data will be obtained for the entire study area. Site 3: This site contains a relatively short segment of pipe that is located on easements in an area of steep slopes. The pipes are located west of Meadowdale Beach Road near an extension of 172nd Street SW. The upper reach of this line is in poor condition and needs to be repaired or replaced. Access to that run of pipe will be a challenge and will likely require the acquisition of temporary construction permits to facilitate construction. The alignment of the pipes will also need to be checked against the existing easements to verify the pipes are located within the easements. If not, then new or revised easements will be needed. The City has investigated critical area issues at this site and determined that although the site contains some slopes that are relatively steep, the site is exempt from the critical areas requirements, so no critical areas report or further assessment will be needed. Topographic survey data will be obtained for the entire alignment of the pipe from the upstream end of the damaged pipe to Meadowdale Beach Road. Page 1 Packet Pg. 162 2.7.b City of Edmonds Exhibit A Phase 10 (2023) Sanitary Sewer Replacement Site 4: This site involves existing sanitary sewer mains located within 203rd Street SW and on easements between 203rd Street SW and 202nd Place SW. The existing pipe is in bad condition and has extremely flat slopes. Under a previous project with the City, Murraysmith developed approximately 30% design drawings for upgrading the pipe that would likely result in three of the services becoming pumped systems, which the City would prefer to avoid. Therefore, the City wants BHC to investigate an option of installing new mains within new easements east of the existing lines to shorten the total length of pipe, which might allow a resultant increase in the pipe slopes. BHC will incorporate the information developed by Murraysmith, including design drawings, survey data, and geotechnical information into their analysis of the option. The City has determined that no critical areas are located within the limits of this project site. Topographic survey data will be obtained for the revised alignment if it is deemed feasible and melded with topographic data from the previous project performed by Murraysmith. Site 5: This site is an extension of the upgrades that BHC designed for the City as part of the `2017 Sanitary Sewer Replacement Project'. Work and will include an investigation of the upgrades needed for the sanitary sewers along Pioneer Way between Shell Valley Road and Goodhope Pond located about 400 feet northeast of Main Street (the green highlighted area on Site 5 in Exhibit A-1). The study area will include reaches of pipe along Shell Valley Road and the southern portion of Pioneer Way that connects to Shell Valley Road (blue highlighted area on Site 5 in Exhibit A-1) in case additional pipe reaches are needed to address potential slope issues. The green highlighted reaches of pipe on the Site 5 map are very deep (>20 feet) and some of the manholes have incoming inverts that are lower than the outlet inverts, causing backwater conditions and maintenance issues. BHC will review the inverts to determine an option to repair or replace the trunk sewer to remove the discontinuities and improve flow conditions. BHC will also review an option that involves constructing a shallower local sewer to convey flows from adjacent properties with intermittent connections to the deep trunk sewer. Finally, BHC will look for feasible options to reroute the flows around the pond and then back into the deep trunk sewer under Main Street. To facilitate the rerouting option, DHA will conduct a manhole survey along Woodlake Drive, collecting rim and invert information. The collected information will be used to determine if the flows can be rerouted to allow the pipe under the pond to be removed from service. While wetlands and critical areas may exist within the project limits, this scope is focused on determining feasible options for addressing invert issues. Critical areas investigations and associated project impacts will be addressed under a future project or amendment. Site 6: This site involves about 660 feet of 8" sanitary sewer main along Maple Street between 9th Avenue and loth Avenue. The pipe was repaired two years ago using cured in place pipe (CIPP). However, the City is concerned about potential capacity issues in the pipeline as the relined 8-inch pipe receives flow from an 18-inch pipe upstream pipe. BHC will conduct a limited hydraulic analysis of the runs to determine if capacity is an issue and if so, will identify upgrades to address the issues. If the pipe needs to be upsized, pipe bursting may be an option. The City has determined that no critical areas are located within the limits of this project site. Project Approach and Scope The project will commence in three stages: 30% design for all 6 sites; final design and services during construction for a subset of the sites under a 2023 construction contract; and then the final design and services during construction for the remaining sites under a 2024 construction contract. The following scope of services outlines the tasks associated with the 30% design for all six sites and the final design and services during construction for the projects that will included in 2023 construction contract. The final design and services during construction for the projects included in the 2024 construction contract will be addressed via a future contract amendment. In general, BHC will provide hydraulic analysis for Sites 5 and 6, alternative analysis for all six sites, and civil engineering services for the sites that are to be included in the 2023 Construction Contract. BHC will also assist the City with public outreach to the impacted stakeholders. Ancillary services that will be provided by the Consultant via sub -consultants include topographic surveying, preparation of easement legal descriptions, if necessary, and geotechnical engineering. The City will be responsible for all permitting associated with the projects included in the 2023 Construction Contract. 2/25/2022 Page 2 Packet Pg. 163 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Exhibit A The proposed upgrades will be designed and constructed in accordance with the City of Edmonds current design standards, the requirements of the current edition of the 'Criteria for Sewage Works Design' by the Department of Ecology, and the current edition of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. Each task description includes the following six components: 1) Description: Summary description of task. 2) City Responsibilities: Elements that will be provided by the City or be the City's responsibility. 3) Work Tasks: Tasks that will be completed by BHC or its sub -consultants. 4) Deliverables: The finished product that will be delivered to the Client. 5) Assumptions: Assumptions used to develop each Work Task. 6) Meetings: Meetings identified for each Work Task. Task 10 Project Management: This task will be used to track and monitor the BHC progress of the project and coordinate with the design team and the City. City Responsibilities: 1) Approve Consultant Contract. 2) Approve Contract Amendments if required or provide written authorization to use the Management Reserve. Work Tasks: 1) Contract Management: Setup the project in BHC's accounting system and then prepare and execute contracts with each subconsultant. 2) Invoicing/Status Reports: Provide monthly invoices with status reports, including schedule updates. 3) Team Coordination: Coordinate with project design team by phone or video conference to review current and upcoming tasks, deliverables, and coordination efforts. 4) City Coordination: Coordinate with the City by phone or video conference to discuss progress, issues, current and upcoming tasks, deliverables, and coordination efforts. Deliverables: 1) Monthly status reports with invoices (Adobe pdf format). 2) Agendas, minutes, and action items for each project coordination meeting with the City. 3) Copies of pertinent emails and correspondence. Assumptions: 1) Earned Value Management tracking will be used to monitor project status with estimates of the percent complete being provided for each task. 2) Each project status reports will include the following: a) Project status summary narrative by task. b) Project budget summary table. c) Earned value graph (S-Curve). 3) The Phase 10 design services phase will last approximately 12-14 months followed by a 9-month construction phase. 4) Monthly coordination meetings will be held with the City via video conference to review and discuss the project. 5) Coordination outside of the meetings will be via email, telephone, or video conferencing. 2/25/2022 Page 3 Packet Pg. 164 2.7.b City of Edmonds Exhibit A Phase 10 (2023) Sanitary Sewer Replacement Meetings: 1) Periodic internal project team coordination meetings. 2) Monthly coordination meetings with the City via video conference. Task 20 Utility Location Services and Pavement Cores: This task will be used to BHC, APS collect available utility record drawings and to field -locate and surface -mark (paint) the approximate locations of underground utilities within the project area. Cores of the existing pavement will also be obtained to assist in determining the thickness of the existing pavement. City Responsibilities: 1) Provide electronic copies of maps and utility record drawings (as-builts) of the existing City owned and maintained utilities. 2) Locate City owned utilities (water, sanitary sewer, storm sewer). Work Tasks: 1) Request available franchise utility companies' construction record drawing information, including underground power, gas, telephone, fiber optic and other known utilities and incorporate this information into the base drawings for all six sites. 2) Locate Utilities: Attempt to locate and mark underground utilities. Activities include: a) Contacting One -Call for utility locates. b) Using sound/ electric signal conducting equipment to attempt to locate non -City owned underground utilities (gas, power, telephone, cable, etc.). 3) Core the existing pavement at two locations per site (12 cores total). 4) Develop and submit a plan for limited potholing of potentially impacted utilities to the City for review and authorization. Deliverables: 1) None. All work will occur in the field. Assumptions: 1) The 811 service is not required to conduct utility locates for design purposes. Therefore, while the 811 service will be contacted for locates, BHC will also contract with APS for the design locates of non -City owned utilities. 2) The utility locates will be based on available information and may not be accurate or complete and shall not be used for construction. During construction, the Contractor shall be responsible for contacting 811 to obtain utility locates from the utility purveyors and for physically verifying the actual locations of utilities and identifying potential conflicts that need to be resolved. 3) Pavement cores will be made using a 4" coring bit and will be restored with 5,000 psi non -shrink grout. 4) The utility locates will occur prior to conducting the field survey under Task 30. 5) The City will be responsible for locating all City owned utilities (water, sewer, storm) prior to the field survey being completed. Meetings: 1) No meetings are planned for this Task. 2/25/2022 Page 4 Packet Pg. 165 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Exhibit A Task 30 Field Survey: This task will be used to develop survey base drawings for BHC, DHA each site that will be used for developing the design base drawings and will include surveying the surface -marked underground utilities and conducting a topographic field survey to identify existing surface conditions within the project limits. City Responsibilities: 1) Provide electronic copies of maps and record drawings (as-builts) of the existing City owned and maintained utilities. Work Tasks: 1) Establish horizontal and vertical control, conduct topographic survey, and prepare base drawings for all six sites. Deliverables: 1) None. The survey base map will be used for design purposes. Assumptions: 1) DHA's services will be as described in Exhibit A-2 and will address the full width of the right of way or easements. These services include an allowance for spending up to one crew day conducting the manhole invert and rim survey. 2) Determining tree dripline limits is not included. 3) Permits will not be required to complete the utility locates or the field survey. 4) Monuments will not be disturbed by the design team so monument destruction forms/permits will not be required. The construction contractor shall be responsible for these forms should the contractor's work disturb any monuments. If the design determines a monument may be disturbed, then appropriate notes will be shown on the construction drawings to inform the contractor that the contractor is responsible for complying with all requirements associated with disturbing monuments. Meetings: 1) No meetings are planned for this Task. Task 40 Preliminary Design (-30%): This task will be used to develop 30% design BHC level plans for each site that the City may then use to determine which sites progress to final design and construction under the 2023 construction contract. City Responsibilities: 1) Electronic copies of sewer inspection videos. 2) Copies of previous reports and design documents prepared for the City by others that are pertinent to each site. 3) Input and final selection of improvements associated with each site. 4) Provide summary of tributary flows at each site or provide remote access to the City's model for limited use by BHC to verify flows at Site 6. Work Tasks: 1) Conduct an alternatives analysis for each site as summarized under the assumptions and prepare 30% design drawings for each site. 2/25/2022 Page 5 Packet Pg. 166 2.7.b City of Edmonds Exhibit A Phase 10 (2023) Sanitary Sewer Replacement 2) Coordinate with City regarding alternatives and sites to be included in the 2023 Construction Contract via telephone or video conferencing as the investigations commence. 3) Prepare a preliminary opinions of probable construction costs (OPCC) for each site. 4) Conduct site visits to identify/address potential design issues. 5) Conduct QA/QC reviews Deliverables: 1) One (1) half size (11"xl7") paper copy and one (1) electronic copy (Adobe PDF) of the preliminary layouts (plan and profile) of the recommended alternatives for each site. 2) One (1) electronic copy (Adobe PDF) of the preliminary OPCC for each site. Assumptions: 1) For Site 1, BHC will: a) Review video inspection files for the system provided by the City. b) Evaluate the pipe in the green highlighted reach on Site 1 in Exhibit A-1 to assess alternatives to address the issues revealed by the videos. If the evaluation areas need to be expanded, the purple highlighted reaches shall be used to help resolve the issues. The alternative analysis will primarily consist of a review of inverts to determine the extent of improvements that will be required to address bellies in the existing mains. Based on discussions with the City, no hydraulic analysis will be performed. c) Review and discuss potential solutions with the City. While these discussions will occur throughout the design process, the intent is to: • Meet with the City regarding potential options once BHC has the base maps for the site and has reviewed the videos provided by the City. • Develop the ideas generated out of that meeting and evaluate them for feasibility • Establish the recommended limits of the proposed improvements. • Provide recommendations on the construction methods to upgrade the pipe. d) Prepare 30% design plan and profile drawings of the proposed improvements. These drawings will be conceptual and will only identify the pipes and structures that are intended to be rehabilitated or replaced and the proposed method of construction. 2) For Site 2, BHC will: a) Review video inspection files for the system provided by the City. b) Evaluate the pipe in the green highlighted reach on Site 2 in Exhibit A-1 to assess alternatives to address the issues revealed by the videos. If the evaluation areas need to be expanded, the purple highlighted reach shall be used to help resolve the issues. The alternative analysis will primarily consist of a review of inverts to determine the extent of improvements that will be required to address bellies in the existing mains. Based on discussions with the City, no hydraulic analysis will be performed. c) Review and discuss potential solutions with the City. While these discussions will occur throughout the design process, the intent is to: • Meet with the City regarding potential options once BHC has the base maps for the site and has reviewed the videos provided by the City. • Develop the ideas generated out of that meeting and evaluate them for feasibility • Establish the recommended limits of the proposed improvements. • Provide recommendations on the construction methods to upgrade the pipe. d) Prepare 30% design plan and profile drawings of the proposed improvements. These drawings will be conceptual and will only identify the pipes and structures that are intended to be rehabilitated or replaced and the proposed method of construction. 2/25/2022 Page 6 Packet Pg. 167 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Exhibit A 3) For Site 3, BHC will: a) Review video inspection files for the system provided by the City. b) Evaluate the pipe in the green highlighted reach on Site 3 in Exhibit A-1 to assess alternatives to address the issues revealed by the videos. If the evaluation areas need to be expanded, the purple highlighted reach shall be used to help resolve the issues. Based on discussions with the City, no hydraulic analysis will be performed. c) Review the pipe alignment and the existing easements to verify whether the existing pipes are located within existing easements and notify the City if the pipe is not within the existing easements. d) Review and discuss potential solutions with the City. While these discussions will occur throughout the design process, the intent is to: • Meet with the City regarding potential options once BHC has the base maps for the site and has reviewed the videos provided by the City. • Develop the ideas generated out of that meeting and evaluate them for feasibility • Establish the recommended limits of the proposed improvements. • Provide recommendations on the construction methods to upgrade the pipe. e) Prepare 30% design plan and profile drawings of the proposed improvements. These drawings will be conceptual and will only identify the pipes and structures that are intended to be rehabilitated or replaced and the proposed method of construction. BHC will also provide a recommendation regarding easements and temporary construction permits. Authorization to utilize Management Reserve funds will be necessary if the City wants BHC to prepare any easement exhibits or temporary construction permit exhibits. 4) For Site 4, BHC will: a) Review the 30% design documents prepared by Murraysmith to become familiar with that potential option and to verify information that may be pertinent to BHC's analysis. b) Review manhole information (inverts) to determine if the alternative alignment identified by the green highlighting on Site 4 in Exhibit A-1 provides sufficient elevational savings to increase the pipe slopes sufficiently to address surcharging issues in the existing system. Based on discussions with the City, no hydraulic analysis will be performed. c) Review and discuss potential solutions with the City. While these discussions will occur throughout the design process, the intent is to: • Meet with the City regarding potential options once BHC has the base maps for the site and has reviewed the Murraysmith documents and the videos provided by the City. • Develop the ideas generated out of that meeting and evaluate them for feasibility. • Establish the recommended limits of the proposed improvements. • Provide recommendations on the construction methods to upgrade the pipe. d) Prepare 30% design plan and profile drawings of the proposed improvements. These drawings will be conceptual and will only identify the pipes and structures that are intended to be rehabilitated, replaced, or extended and the proposed method of construction. BHC will also provide a recommendation regarding easements and temporary construction permits. Authorization to utilize Management Reserve funds will be necessary if the City wants BHC to prepare any easement exhibits or temporary construction permit exhibits. 5) For Site 5, BHC will: a) Review video inspection files for the system provided by the City. b) Evaluate the pipe in the green and blue highlighted reach on Site 3 in Exhibit A-1 to assess alternatives to address the issues revealed by the videos. The alternative analysis will primarily consist of a review of inverts to determine the extent of improvements that will be required to address bellies in the existing mains. Based on discussions with the City, no hydraulic analysis will be performed. 2/25/2022 Page 7 Packet Pg. 168 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Exhibit A c) Evaluate an option of constructing a shallower local gravity sewer to serve the local properties with ties to the trunk sewer. d) Review manhole information (inverts) to determine if there is a feasible alternative to intercept flows currently within pipes located under Goodhope Pond and route those flows around the pond for better access, thus allowing the pipe under Goodhope Pond to be removed from service. e) Review and discuss potential solutions with the City. While these discussions will occur throughout the design process, the intent is to: • Meet with the City regarding potential options once BHC has the base maps for the site and has reviewed the manhole survey information. • Develop the ideas generated out of that meeting and evaluate them for feasibility. • Establish the recommended limits of the proposed improvements. • Provide recommendations on construction methods to upgrade the pipes. f) Prepare 30% design plan and profile drawings of the proposed improvements. These drawings will be conceptual and will only identify the pipes and structures that are intended to be rehabilitated, replaced, or extended and the proposed method of construction. 6) For Site 6, BHC will: a) Conduct a simplified hydraulic analysis to determine if the relined 8-inch gravity sewer has sufficient capacity to convey the future flows received from the upstream 18-inch gravity sewer. b) Prepare a brief technical memorandum addressing the hydraulic analysis if the 8-inch pipe has sufficient capacity to convey the upstream flows. c) Review and discuss potential solutions with the City if the hydraulic analysis indicates a lack of sufficient capacity. While these discussions will occur throughout the design process, the intent is to: • Meet with the City regarding potential options once BHC has the base maps for the site and has completed the hydraulic analysis. • Develop the ideas generated out of that meeting and evaluate them for feasibility. • Establish the recommended limits of the proposed improvements. • Provide recommendations on construction methods to upgrade the pipes. g) Prepare 30% design plan and profile drawings of the proposed improvements. These drawings will be conceptual and will only identify the pipes and structures that are intended to be rehabilitated, replaced, or extended and the proposed method of construction. 7) Drawings will be prepared using AutoCAD/Civil 3D 2020. 8) Only sewer plan and profile drawings will be developed for this task and will be setup to plot at full size (22" x 34") and half size (11" x 17"). Full size plan and profile drawings will be drawn at a horizontal scale of 1" = 20' and a vertical scale of 1" = 5'. 9) Plan and profile drawings will address approximately 450 lineal feet of improvements per sheet with the plan view improvements shown in one viewport along the top half of the sheet and the profile along the bottom half of the sheet in a second viewport. Profiles will show the existing and proposed sewer mains and identified utilities impacted by the proposed improvements. 10) An OPCC will only be prepared for the final selected alternative for each site. Meetings: 1) Progress and findings will be regularly communicated with the City via email, telephone, and video conferencing at regular intervals during the preliminary design stage. 2) One (1) meeting will be held virtually via video conference with the City to determine which sites selected to progress to final design under Task 50. 2/25/2022 Page 8 Packet Pg. 169 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Exhibit A Task 50 Final Design: This task will be used develop final design documents for BHC about 1,500 to 2,000 feet of sanitary sewer main upgrades associated with some combination of the six sites developed to 30% design under Task 50. City Responsibilities: 1) Select the sites that will be included in the 2023 Construction Contract and the associated limits of those improvements. 2) Provide electronic copies (PDF or AutoCAD) of the City's standard details. 3) Provide electronic copies (MS Word) of the City's latest Bidding Documents, Contract Forms, and General Requirements. 4) Provide consolidated set of written review comments on each design submittal. 5) Attend virtual meetings via MS Teams and/or provide venues for design review meetings. 6) Apply for and obtain all project related permits. Work Tasks: 1) Develop Design Drawings for the sanitary sewer upgrades. 2) Develop Construction Specifications and Special Provisions to support the design drawings. 3) Prepare OPCCs. 4) Conduct quality assurance/quality control (QA/QC) reviews on all significant submittal documents. 5) Submit Design Documents at the 60%, 90%, and Final design stages for the City to review. 6) Attend virtual design review meetings via MS Teams with the City after each submittal. 7) Visit sites to check/verify design issues and assumptions. Deliverables: 1) 60% Design Submittal: a) One (1) half size (11" x 17") paper copy and one (1) electronic copy (Adobe PDF) of the 60% design drawings. b) One (1) electronic copy (Adobe PDF) of the 60% Contract Documents. c) One (1) electronic copy (Adobe PDF) of the 60% OPCC. 2) 90% Design Submittal: a) One (1) half size (11" x 17") paper copy and one (1) electronic copy (Adobe PDF) of the 90% design drawings. b) One (1) electronic copy (Adobe PDF) of the 90% Contract Documents. c) One (1) electronic copy (Adobe PDF) of the 90% OPCC. 3) Final Design Submittal: a) One half size and one full size stamped and signed paper copy of the Final Design Drawings. b) One paper copy of the Final Contract Documents (stamped and signed), and the Final OPCC. c) One electronic copy of the Design Drawings in AutoCAD Civil 3D and Adobe PDF. d) One electronic copy of the Contract Documents in Microsoft Word and PDF format. e) One electronic copy of the OPCC in Microsoft Excel and PDF Format. Assumptions: 1) The improvements for all sites included in the 2023 Construction Contract will be bid as a single bid package with separate bid schedules for each site. 2) Design Drawings will be prepared using AutoCAD/Civil 3D 2020 and will meet the following standards: a) Developed for plotting at full size (22" x 34") and half size (11" x 17"). b) Full size drawings will be drawn at a horizontal scale of 1" = 20' and a vertical scale for profiles of1"=5'. 2/25/2022 Page 9 Packet Pg. 170 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Exhibit A c) Plan and profile drawings will address approximately 400 to 500 feet of improvements. d) The TESC plans and restoration plans will be plan view only and will address approximately 900 lineal feet of improvements per sheet. Pertinent notes and details will be added to the sheets as appropriate. e) Details generated for the improvements may use other scales as needed f) Separate channelization plans will not be required. 3) The current edition of the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction (hereinafter referred to as the "Standard Specifications") will be used to supplement the City's standard specifications. The Standard Specifications will be supplemented with Special Provisions to address the needs of the project 4) The design will not identify temporary staging areas for construction as that is an activity best left to the Contractor. 5) BHC will make reasonable efforts to provide an accurate OPCC with each submittal. However, the actual costs bid by contractors is beyond BHC's control and may vary significantly from BHC's final OPCC, especially given the significant volatility associated with the pandemic economy. AACE estimating methods and classifications are not required for the OPPCs. The OPCCs will contain the following contingencies: a) The 60% Design OPCC will include a 15% contingency b) The 90% Design OPCC will include a 10% contingency c) The Final Design OPCC will not include a contingency 6) The 60% and 90% review comment meetings will occur within three (3) weeks of City's receipt of the submittals. 7) For each deliverable, the City will coordinate its comments to remove conflicting requests prior to forwarding those comments to BHC. 8) If necessary, the City will be responsible for obtaining all rights of entry to private property. 9) BHC will make up to three site visits during the design process to verify/check design assumptions and issues. 10) Construction restoration will consist of hot mixed asphalt (HMA) patches within the traveled right of way and in -kind restoration of surface features outside the traveled right of way. Information obtained via the potholing and coring efforts will be used to inform the depth of the necessary HMA patch. The design will try to avoid impacts to existing driveways and access ramps to sidewalks. Therefore, modifying driveways or ramps to comply with PROWAG/ADA requirements is excluded from this scope of services. 11) Overlays of disturbed streets will be completed separately by the City under a future project. Therefore, the design of overlays is excluded from this scope of services. 12) Existing utilities being replaced by parallel utilities will be abandoned in place and will not be removed during construction except as required to make connections or crossings. Pipe to be abandoned in place shall be plugged or completely filled with sand or CDF per the City's requirements. Structures that will be abandoned in place will have the top four feet of the structure removed and the remaining structure will be filled with sand or CDF. Meetings: 1) Participate at one (1) virtual meeting up to two hours in length with City staff to discuss review comments on the 60% design submittal. 2) Participate at one (1) virtual meeting up to two hours in length with City staff to discuss review comments on the 90% design submittal. Task 60 Geotechnical Engineering Services: This task will be used to provide BHC, Landau geotechnical field services and prepare a geotechnical engineering report with project recommendations that address geotechnical issues at each site. 2/25/2022 Page 10 Packet Pg. 171 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement City Responsibilities: Exhibit A 1) Provide City records that may be informative of the existing soil and ground water conditions within each site. 2) Review and provide comments on the draft geotechnical engineering report. 3) Obtain access permission for all field work that is required within easements or on private property Work Tasks: 1) Geotechnical Engineering — At each Site, Landau will: a) Review geologic/geotechnical data. b) Conduct geologic reconnaissance. c) Conduct subsurface explorations. d) Conduct laboratory analysis on soil samples. e) Prepare a Geotechnical Engineering Report that addresses each site. Deliverables: 1) One electronic (Adobe PDF format) copy of a draft geotechnical report that summarizes the results and contains preliminary geotechnical engineering recommendations for all six sites. 2) One electronic (Adobe PDF format) copy of a final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will be included in the 2023 Construction Contract. Assumptions: 1) Landau's scope of services, assumptions, and limitations for the geotechnical engineering services are described in Exhibit A-3. 2) A draft report addressing findings at all six sites will be prepared for review by the City. Once the City selects the final sites to be included in the Phase 10 Construction Contract, the draft report will be modified to address the City's comments and will be trimmed to focus only on the sites included in the Phase 10 Construction Contract. 3) A second geotechnical report will address the remaining sites; however, the scope and budget for the preparation of the second report will be addressed via a future contract amendment. Meetings: 1) No meetings are anticipated for this task. Task 70 Public Outreach Services: This task will be used to assist the City with its BHC public outreach efforts for the proposed upgrades that are included in the 2023 Construction Contract. City Responsibilities: 1) The City will lead all public outreach efforts and will be responsible for mailing informational notices and posting door hangers. 2) City will be responsible for all postage. Work Tasks: 1) Assist City in developing one informational mailer and door hangers for each site included under Task 50. 2/25/2022 Page 11 Packet Pg. 172 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Deliverables: Exhibit A 1) One electronic copy (Adobe PDF) of a draft informational mailer for each site included under Task 50 2) One electronic copy (Adobe PDF) of a final informational mailer for each site included under Task 50. 3) One electronic copy (Adobe PDF) of a draft door hanger for each site included under Task 50. 4) One electronic copy (Adobe PDF) of a final door hanger for each site included under Task 50 Assumptions: 1) The informational mailer will be a one- or two -page notice that summarizes the proposed improvements and will be used by the City to inform the public of the pending project in their neighborhood. 2) The mailers and door hangers will only be developed for the project sites that are included in the Phase 10 Construction Contract. Meetings: 1) No meetings will be required for this task. Task 80 Services During Bidding and Construction: This task will be used to assist BHC the City in obtaining bids from Contractors to construct the improvements and to provide engineering assistance during construction. City Responsibilities: 1) Administer the advertisement and distribution of the bid/contract documents to prospective bidders. 2) Distribute addenda as necessary. 3) Receive, open, and process the bids, including the preparation of the bid tabulation, reviewing the apparent low bidder references, preparing a recommendation for contract award, and awarding the contract to the lowest responsible bidder. 4) Provide consolidated bid results on a bid tab spreadsheet and provide a copy of this information to BHC. 5) Print and distribute conformed documents to the Contractor. 6) Provide all construction management services, including but not limited to contract administration, reviewing submittals and requests for information, addressing change orders if any, and processing all pay estimates. 7) Provide all construction observation and inspection services. 8) Review and consolidate redlines of all modifications that occurred during construction and submit the compiled set to BHC for preparation of the construction record drawings. 9) Provide review comments on the draft construction record drawings. 10) Prepare and sign the Declaration of Construction Completion in accordance with WAC 173-240-090. Work Tasks: 1) Bid Period Services: Assist the City in addressing questions from bidders during the bid process by preparing up to one (1) addendum. 2) Attend a preconstruction conference with the City and the Contractor and attend construction coordination meetings if specifically requested by the City. 3) During construction, respond to requests for information (RFI) that pertain to clarifying the design or address conflicts that are found during construction. 4) Assist the City with addressing changes to the design that are required by construction. 5) Prepare construction record drawings. 2/25/2022 Page 12 Packet Pg. 173 2.7.b City of Edmonds Phase 10 (2023) Sanitary Sewer Replacement Deliverables: Exhibit A 1) One (1) electronic copy (Adobe PDF) of one addendum. 2) One (1) paper copy and one electronic copy (Adobe PDF) of the conformed contract documents (full size drawings, half size drawings, and contract documents). 3) Written responses to requests for information received from the City. 4) One (1) draft set (half size) of the construction record drawings. 5) One (1) final set (half size and full size) of the construction record drawings. 6) One (1) final set of CAD files of the construction record drawings. Assumptions: 1) Up to one (1) addendum may be required during the bid period to address questions from bidders. 2) Requests for information will be minimal with responses by BHC only being necessary for up to five RFIs. 3) The City will be responsible for reviewing all construction submittals. 4) Changes to the design required by construction findings will be minimal with BHC only needing to assist the City with one change order. 5) BHC's attendance at the preconstruction meeting and any construction meetings will be virtual via MS Teams. For purposes of this scope, BHC will attend the preconstruction meeting and one construction meeting. 6) BHC will not be required to make any site visits during construction. 7) The level of effort needed to address redline revisions that occur due to changes to the design that occur during construction is unknown and cannot be accurately predicted. Therefore, the level of effort included in the scope for this project is an estimate based on BHC's experience with similar projects, but BHC does not guarantee that actual costs will not exceed the budgeted costs. Once BHC receives the redlined revisions from the City, BHC will review the revisions to determine if the budget is adequate and will notify the City of our findings. If BHC determines additional budget is needed, then the City will be responsible for providing written authorization to utilize the management reserve or will process an amendment. Meetings: 1) One (1) preconstruction meeting with the City and the Contractor. The City will prepare the agenda and lead the meeting. 2) For purposes of this scope, BHC assumes the City will request our attendance at one (1) construction meeting. Task 999 Management Reserve: A budget allowance has been included as a BHC management reserve for the project. At the City's request and direction, BHC may perform additional services not included in the above listed activities and/or provide additional information and/or detail beyond what is anticipated at this time. BHC shall perform such services and will be paid for such additional services via the management reserve when they are requested by written direction and authorization by the City's Project Manager. City Responsibilities: 1) Provide written requests and authorization for performance of additional services 2) Coordinate with franchise utilities for potholing of non -City owned utilities. 3) Conduct all easement negotiations with property owners. 2/25/2022 Page 13 Packet Pg. 174 2.7.b City of Edmonds Exhibit A Phase 10 (2023) Sanitary Sewer Replacement Work Tasks: 1) Develop scope/budget proposals for additional design services as requested. 2) Completion of additional design services as authorized by the City. Deliverables: 1) As defined in the additional design services scope/budget. Assumptions: 1) Permanent easements and/or temporary construction permits may be required within some of the sites. The number and extent of those easements or temporary construction permits is unknown at this time. Once those requirements are identified, BHC will need written authorization from the City to access the Management Reserve to develop the easement and temporary construction permit documents. 2) Because the extent of potholing that is needed is unknown and cannot be determined at this time, a placeholder budget for conducting the potholing that will be developed around the 60% design stage under Task 50 has been established as part of the Management reserve. BHC will prepare a scope and budget to accompany the pothole plan for comparison to the placeholder budget and will work with the City as needed to rectify the two. 3) If Portland Cement Concrete Pavement (PCCP) is encountered during the subsurface geotechnical investigation, Landau will subcontract with a local concrete cutting company to core a 12-inch diameter hole in the pavement to provide access to the underlying soils. The Management Reserve will be used to address those costs should PCCP be encountered. 4) If Landau's subsurface investigation encounters potentially contaminated soils and/or groundwater, the management reserve will be used to address the potentially contaminated soils and/or groundwater as described in Exhibit A-3. 5) While there is potential to encounter PCCP and contaminated soils and/or groundwater at any of the sites, the project budget assumes as a risk mitigation measure that PCCP may only be encountered at no more than three of the sites and contaminated soils and/or groundwater may only be encountered at no more than two sites. If this assumption is exceeded then the City and BHC will discuss additional authorization of the Management Reserve (pulling from other targeted reserves) or an amendment will be processed. 6) Additional assumptions will be as defined in the additional design services scope/budget. Meetings: 1) As defined in the additional design services scope/budget. Budget The Project budget is $426,411 and is attached as Exhibit B. This budget is based on, and in accordance with, BHC's 2022 rate schedule. The City agrees to allow BHC and sub -consultants to adjust rates on an annual basis in January of each year, beginning in January 2024. If the accepted baseline schedule is exceeded by factors beyond BHC's control, a budget amendment to address increased labor costs may be required. 2/25/2022 Page 14 Packet Pg. 175 2.7.b City of Edmonds map Title 8-120 8-119 N M_ CT �} C3/%/%2°° (ON 121 - - - - 32---- -- �0 o� 945 p c- N N , M CT ( CT jj O� I 1.Q6 8-.44sr' IT I 0 63.15 126.3 Feet 94.0 This ma is a user generated static output from an Internet ma � 1,128 p' g p Aping site and i<. reference only. 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N Olympic View Sewer; Olympic Vie i 13 Sewer Blowoff Properties Q to 2 0 sr' N T --,�-- j w -.r07 m Notes c� r Q Packet Pg. 179 Y City of Edmonds Map Title �S i 672; I o " Coric�ate 8" CAST IRON I_ 1208e7A I � 9(ri 8- I 4 es2o s7so s71a m 20814 87'8 / •aG� '' 1 zea21 87z2 87 0� zo 1208ze 20929 I Z i 209pTi. c i N FGov �rI1 108}2 `" G i I `2 �20* 00 bG �2Q"28 85548729�� 209 cit)20926 80d 8 885^72f 7 0928 ILC , i 873( �I 8726 8732 :060;-,.'�1 1,` ll ,Ev r %S �G4k 1 ' �•2093U� I --' 183 �- 1�1 1 @a23 2 1 S l , 5421 2� , ` ,1 11^i9 O ( o0g0 t+i \ yy�,�417 21 21 /✓21010 \ 21020 >11 �� i r�� t �� I i '� �� �s�q� 21117 I 21' / t 21 O;0` �\ PCPs 0 Iil/2122 i c 11 /' , 8 t ti 2170\ 212 21216 121; �212 /z J; L ; i , a�n �' 2�u1„, Gor Yes 1: 3,031 0 252.60 505.2 Feet 376.2 This ma Is a user generated static output from an Internet mapping site and is f 4,514 p B P pp B reference only. Data layers that appear on this map may or may not be accurst WGS_1984_Web-Mercator-Auxiliary-Sphere current, or otherwise reliabl © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC 2.7.b Lrn.- - wt Fi4m. 0 1: I ;L- �4j ,�leera�s Legend 3 Sewer Points 0 Manhole y y 0 Cleanout Lrft Station L � ® Meter Q o Non City Manhole N d V Sewer Lines Outfall CO) — Gravity c Forced Main 2 N Q Grinder Pumps • Non -City Manholes a — Non -City Mains Sewer Service Area ' Edmonds Sewer E t Olympic View Sewer; Olympic Vie i 13 Sewer Blowoff Properties Q 4) 1� AxxN d Jk(S2T C N N tDfNtt�¢ o c d Notes Q Packet Pg. 180 1 City of Edmonds Map Title 0 126.30 252.6 Feet 188.1 This ma is a user generated static output from an Internet mapping site and is for � 2,257 P B P PP g reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 2.7.b _eamona■ ' �� s � S 7e+race i Legend Sewer Points © Manhole 0 Cleanout . Lift Station ® Meter 0 Non City Manhole Sewer Lines Outfall — Gravity Forced Main Grinder Pumps O 0 Non -City Manholes IL — Non -City Mains v Sewer Service Area O ` Edmonds Sewer E o s Olympic View Sewer; Olympic Vi( i Sewer Blowoff Properties Q Contour Lines v 10 — 50; 100 as y Uzlo, _I .0 to ire�- O L. a r c m E Notes al Packet Pg. 181 1 2.7.b EXHIBIT A-2 gae� DHA Duane Hartman & Associates, Inc. www.dhasurveyors.com 16928 Woodinville -Redmond Road, B-107 Business (425) 483-5355 Woodinville, WA 98072 FAX (425) 483-4650 December 6, 2021 BHC Consultants 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 Attention: Mr. Tony fisher, PE, PMP Subject: Cost Estimate for Topographic Mapping Services, City of Edmonds 2023-24 Sanitary Sewer Line Replacement Project; City of Edmonds, Edmonds, WA Duane Hartman & Associates, Inc. (DHA), is pleased to offer the enclosed cost estimate for the six (6) sites, as itemized in the email from BHC to DHA on 11/16/2021. (attached/described below): The overall project reach is roughly 6,100 lineal feet of right of way mapping and base map edits. SCOPE OF SERVICES/SITE DESCRIPTIONS: • Site 1: Edmonds St between 1 Oth Place N. and 9th Avenue N, and 91h Avenue N. from Edmonds St. north to Sprague St. (+/- 860 lineal feet). New site, as no existing topographic data exists. Survey will locate all features within the project reach. Site 2: Walnut St. between 3rd Avenue S. east to Main Alleyway, and north along alleyway to address 232 and 229. (+/- 720 lineal feet). Site has mapping data from 2013. Site visit found new curbing walkways and asphalt overlay. The survey will be a combination of new mapping data, and field edit confirmation of the 2013 survey. • Site 3: Meadowdale Beach Road between private property addresses 7062 and 7082. (+/- 350 lineal feet). New Site. The site is wooded with steep slopes. Right of entry required. • Site 4: Private properties between 202nd Place SW and 203rd St SW. (+1-500 lineal feet). Site has mapping data from 2020 sanitary sewer replacement project. The new alignment is east of the 2020 survey. The survey is across private property, and right of entry will be required. The survey will be a combination of new mapping data, and field edit confirmation of the 2020 survey. Packet Pg. 182 2.7.b EXHIBIT A-2 DHA Duane Hartman & Associates, Inc. www.dhasurveyors.com Mr. Tony Fisher 2023-24 City of Edmonds - Sanitary Sewer Replacement Project December 6, 2021 Page 2 SCOPE OF SERVICES/SITE DESCRIPTIONS CONTINUED: • Site 5 (revised 12/07/21)Shell Valley Road to Pioneer Way. North along Pioneer Way to Main St., together with Sanitary sewer manhole surveys easterly to Woodlake Drive. (+/- 1,300 lineal feet of existing base map edits, and +/- 1,500 lineal feet new mapping). Site assumes 2 field days to locate offsite sewer manholes as prescribed by the city. Site has mapping data from 2020 sanitary sewer replacement project covering the Shell Valley Road portion, and along Pioneer Way north to house #21020. The remainder of Pioneer Way north to the requested unopened right of way along Main St. will be field surveyed. In addition, the estimate considers one (1) field day to locate offsite sanitary sewer manholes at the request of the city. The manholes will be located with RTKGPS, and the invert elevations and pipe data will be obtained. • Site 6: Maple St. between 10th Avenue S. and 9th Avenue S. (+/- 800 lineal feet). New site, as no existing topographic data exists. Survey will locate all features within the project reach. • Permanent Easements: Estimate considers the development of six (6) permanent easements. The easements will be developed in 8.5" x 11" document form. Topographic mapping will consist of, but limited to all above ground plammetric features, curbs, walks, fences, trees etc., and all above and underground utilities. Two -man field survey crews will be utilized to establish site control and perform the topographic mapping. Topographic mapping will be City of Edmonds (COE) standards, and DHA will locate a sufficient amount of the existing right of way monuments to generate rights of way and platted lot lines. The mapping will consider all features/utilities within the dedicated street rights of way. BHC will employ APS Locating to paint out the underground utilities, and engage One -Call underground utility center to alert the city to paint out its sanitary, storm water and water systems. All field data will be processed in accordance with BHC and COE's CAD standards and sent in AutoCAD as a block drawing. The horizontal datum will be City specific, Washington State Plane coordinates, north zone NAD-83(2007). The vertical datum will be NAVD-88. The topographic survey will be developed as a 1'=20' scale file with one -foot contours, and delivered to COE standards. Packet Pg. 183 2.7.b EXHIBIT A-2 DHA Duane Hartman & Associates, Inc. www.dhasurveyors.com Mr. Tony Fisher 2023-24 City of Edmonds - Sanitary Sewer Replacement Project December 6, 2021 Page 3 COST ESTIMATE: Site 1- (Edmonds St.): Surveyor I 4.0 hrs @ 134.00/hr = $ 536.00 Field Tech I 28.0 hrs @ 102.00/hr = 2,856.00 Field Tech II 28.0 hrs @ 80.00/hr = 2,240.00 Office Tech WAD 28.0 hrs @ 98.00/hr = 2,744.00 Mileage/Materials = 200.00 TOTAL Site #1 = S 8,576.00 Site 2 - (Walnut St.): Surveyor I 4.0 hrs @ 134.00/hr = $ 536.00 Field Tech 1 24.0 hrs @ 102.00/hr = 2,448.00 Field Tech 11 16.0 hrs @ 80.00/hr = 1,280.00 Office Tech WAD 20.0 hrs @ 98.00/hr = 1,960.00 Mileage/Materials = 150.00 TOTAL Site #2 = 6,374.00 Site 3 - (Meadowdale Beach Road): Surveyor I 4.0 hrs @ 134.00/hr = $ 536.00 Field Tech 1 20.0 hrs @ 102.00/hr = 2,040.00 Field Tech II 20.0 hrs @ 80.00/hr = 1,600.00 Office Tech WAD 16.0 hrs @ 98.00/hr = 1,568.00 Mileage/Materials = 100.00 TOTAL Site #3 = S 5,844.00 Site 4 - (Private properties between 202" Place S. and 203rd St SW): Surveyor I 4.0 hrs @ 134.00/hr = $ 536.00 Field Tech I 20.0 hrs @ 102.00/hr = 2,040.00 Field Tech II 20.0 hrs @ 80.00/hr = 1,600.00 Office Tech WAD 16.0 hrs @ 98.00/hr = 1,568.00 Mileage/Materials = 100.00 Q TOTAL Site #3 = $ 5,844.00 Packet Pg. 184 2.7.b EXHIBIT A-2 DHA Duane Hartman & Associates, Inc. www.dhasurveyors.com Mr. Tony Fisher 2023-24 City of Edmonds - Sanitary Sewer Replacement Project December 6, 2021 Page 4 COST ESTIMATE CONTINUED: Site 5 - (Shell Valley Road & Pioneer Way): Surveyor I 8.0 hrs @ 134.00/hr = $ 1,072.00 Field Tech I 48.0 hrs @ 102.00/hr = 4,896.00 Field Tech II 38.0 hrs @ 80.00/hr = 3,040.00 Office Tech I/CAD 42.0 hrs @ 98.00/hr = 4,116.00 Mileage/Materials = 300.00 TOTAL Site #5 = S 13,424.00 Site 6 - (Maple St.): Surveyor I 4.0 hrs @ 134.00/hr = $ 804.00 Field Tech I 20.0 hrs @ 102.00/hr = 2,040.00 Field Tech II 20.0 hrs @ 80.00/hr = 1,600.00 Office Tech I/CAD 20.0 hrs @ 98.00/hr = 1,960.00 Mileage/Materials = 100.00 TOTAL Site #6 = S 5,700.00 Permanent Easements: Surveyor I 24.0 hrs @ 134.00/hr = $ 3,216.00 TOTAL = S 3,216.00 GRAND TOTAL = $ 48,978.00 TIME SCHEDULE - The foregoing services shall be completed and delivered within forty-five (45) calendar days of the official notice to proceed. Thank you for considering DHA for your surveying needs. Until further notice, we remain at your service. Sincerely, Q Packet Pg. 185 2.7.b EXHIBIT A-2 DUANE HARTMAN & ASSOCIATES, INC. .4a", Douglas A. Hartman President, Project Surveyor File: P4634 DHA Duane Hartman & Associates, Inc. www.dhasurveyors.com Packet Pg. 186 2.7.b LANDAU ASSOCIATES February 23, 2022 BHC Consultants, LLC 1601 Fifth Avenue Suite 500 Seattle, WA 99101 Attn: Mr. Tony Fisher, PE, PMP Transmitted via email to: Tony.Fisher[fbhcconsultants.com Re: Revised Proposal for Geotechnical Engineering Support Services City of Edmonds Phase 10 and Phase 11 (2021-2023) Sanitary Sewer Replacement Edmonds, Washington Dear Mr, Fisher: Landau Associates, Inc. (Landau) is pleased to submit this revised proposal for geotechnical engineering support services for the Phase 10 and Phase 11 (2021-2023) Sanitary Sewer Replacement Project in Edmonds, Washington (site). This proposal has been prepared with information provided by BHC Consultants, LLC (BHC) and the City of Edmonds (City). Project Understanding The City has identified six sites that need repairs/upgrades to about 5,500 to 6,000 feet (ft) of sanitary sewer mains (Attachment 1). The BHC team will take all six sites to about the 30 percent design stage to develop a plan of action for each site, including the development of opinions of probable construction costs (OPCCs). Based on the results of the 30 percent designs and OPCCs, the City will select a subset of the sites, which will comprise about 1,500 to 2,000 ft of upgrades, to include in the Phase 10 construction contract. The BHC team will then design the repairs/upgrades for the Phase 10 construction contract. The design of the remaining sites will be addressed via a future contract amendment, probably sometime in late 2022 or early 2023_ The intent is to collect geotechnical information for all six sites as part of the 30 percent design effort This information will be compiled into a draft geotechnical report. Once the City has determined which sites will be included in the Phase 10 construction contract, the geotechnical report will be revised to focus on those sites. A second geotechnical report would then be prepared using the remaining data for the sites included in the Phase 11 construction contract; however, scope and budget for preparation of the second geotechnical report will be addressed via a future contract amendment. The City's descriptions for each site and their associated upgrades are as Follows: 155 NE 100th St, Ste 302 • Seattle, WA 993.25 • 206.631.8680 • www.landauinc.com Packet Pg. 187 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates Site 1: This site addresses sanitary sewer mains located within Edmonds Street between 9th Avenue and 10th Avenue along with mains in 9th Avenue between Edmonds Street and Sprague Street. The western half of pipe in Edmonds Street has some significant bellies that need to be addressed. The proposed upgrades are anticipated to be contained within public rights of way with no easements needing to be acquired. The City's Geographic Information System (GIS) database does not identify any critical areas within the limits of this site, but a segment of Shell Creek occurs within approximately 100 feet of the project. Site 2: This site addresses some 8-inch-diameter gravity sanitary sewers located in an alley between 3rd Avenue S and 4th Avenue 5_ The existing sewers are in poor condition with numerous bellies. The City has included a reach of pipe along Walnut Street between the alley and 3rd Avenue S as part of the project area as well. A PUD substation is located on the east side of the alley (Lot 260), so the improvement options may be impacted by large electrical conduits in the alley that are associated with the substation. Pipe bursting may be an option at this site, depending on the magnitude of the bellies in the existing mains. The City's GIS database does not identify any critical areas within the limits of this site. Site 3: This site contains a relatively short segment of pipe that is located on easements in an area of steep slopes. The pipes are located west of Meadowdale Beach Road near an extension of 172nd Street SW. The upper reach of this line is in poor condition and needs to be repaired or replaced. Access to the run of pipe will likely require the acquisition of temporary construction permits to facilitate room for construction. The alignment of the pipes will also need to be checked against the existing easements to verify that the pipes are located within the easements. If not, then new or revised easements will be needed. The City has determined that the steep slopes will not trigger the need for a critical areas report. Site 4: This site involves existing sanitary sewer mains located within 203rd Street SW and within easements between 203rd Street SW and 202nd Place SW. The existing pipe is in poor condition and has extremely flat slopes. Another consultant has developed approximately 30 percent design drawings for upgrading the pipe, but the City wants BHC to investigate the option of installing new mains within new easements east of the existing lines to shorten the total length of pipe, which would allow a resultant increase in the pipe slopes. BHC will incorporate the information developed by the other consultant, including design drawings, survey data, and geotechnical information, into their analysis of the option. Landau assumes no critical areas evaluation is needed for this site. Site S: This site is an extension of the upgrades BHC designed for the City between 2016 and 2017 and will include an investigation of the upgrades needed for the sanitary sewers along Shell Valley Road from about Park Road to Pioneer Way and then along Pioneer Way to Main Street. The site then continues north and east of Main Street on easements for about 400 ft, where it becomes 8-inch- diameter cast-iron pipe that is located under a pond. The segments of pipe at this site are very deep, greater than 20 ft, and some of the manholes have incoming inverts that are lower than the outlet February 23, 2022 2 Packet Pg. 188 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement landau Associates inverts, causing backwater conditions and maintenance issues. BHC will review options to repair or replace the trunk sewer to remove the discontinuities and improve flow conditions. BHC will also review an option that involves constructing a shallower local sewer to convey flows from adjacent properties with intermittent connections to the deep trunk sewer. Finally, BHC will look for feasible options to potentially reroute the flows to the north around the pond and then back into the deep trunk sewer under Main Street. To facilitate evaluation of the rerouting option, BHC will conduct a manhole survey along Woodlake Drive, collecting rim and invert information that will be used to determine if adequate elevation exists to reroute the flows, thereby allowing the pipe under the pond to be removed from service. This site contains critical areas (wetlands and waterways 15hell Creek]), but Landau has nut been requested to prepare a critical areas reportfor this site. Site 6: This site involves about 660 ft of 8-inch-diameter sanitary sewer main along Maple Street Between 9th Avenue and 10th Avenue. The pipe was repaired about 2 years ago using cured-fn-place pipe (CIPP). However, the City is concerned about potential capacity issues in the pipeline as the relined 8-inch-diameter pipes receive flow from an 18-inch-diameter pipe upstream. BHC will conduct a hydraulic analysis of the runs to determine if capacity is an issue and if so, will design upgrades to address the issues. If the pipe needs to be upsized, pipe bursting may be an option. The City`s GIs database does not identify any critical areas within the limits of this site. Proposed Scope of Services The following tasks define Landau's proposed scope of services for geotechnical engineering support services for the proposed project, listed by site. site 1 Landau will compile and review readily available geologic and geotechnical information, along with other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the project area. Possible data sources include information in Landau and City files, and in published geologic and topographic maps. After reviewing readily available geotechnical and geologic data, Landau will complete a geologic reconnaissance of the project area and collect information on the general nature and physical features of the area surrounding the project alignment. In accordance with City requirements regarding geotechnical engineering requirements for utility project design, Landau will also advance one exploratory boring to characterize soil and groundwater conditions along the project alignment. For cost -estimating purposes, it is assumed that the boring will be advanced to a depth of 20 ft below ground surface (bgs). A drilling contractor under subcontract to Landau will complete the exploratory boring using the hollow -stern auger drilling technique and either a truck- or track -mounted drill rig. February 23, 2022 3 Packet Pg. 189 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates To avoid buried utilities, Landau will arrange for underground utility location ("call before you dig") prior to performing field activities. Landau is not responsible for damage to mismarked or unlocatable utilities, and as a result, the cost of utility repairs is not included in Landau's cost estimate. The proposed boring will be completed either along the shoulder of the streets that the sewer lines follow or within the travel lanes of the streets. As a result, a temporary lane closure may be needed. Therefore, Landau will prepare and submit a traffic control plan to the City, obtain a right-of-way permit from the City, and provide the necessary traffic control personnel and devices when working within the City's right-of-way. A representative from Landau will observe the exploration, obtain soil samples from the boring, and prepare a field log of conditions encountered in the exploration. Soil samples will be obtained from the exploratory boring on about a 2%- or 5-ft depth interval using the Standard Penetration Test (SPT) procedure. The soil samples will be delivered to Landau's laboratory forfurther examination and classification. Soil samples obtained from the exploration will be held in Landau's laboratory for 30 days after submittal of the final report. After that date, the soil samples will be disposed of unless arrangements are made to retain them. Upon completion of sampling and logging, the borehole will be completed as a piezometer in accordance with the requirements of Chapter 173-160 of the Washington Administrative Code (WAC). Excess cuttings from the exploratory boring will be properly disposed of off site. Landau will complete a geotechnical laboratory testing program consisting of natural moisture content and grain size and/or Atterberg Limits determinations on selected soil samples to aid in classifying site soils. Landau has budgeted four moisture content and two grain size or Atterberg Limits determinations. Information from the field investigation will be analyzed by a geotechnical engineer from Landau and a draft geotechnical report that summarizes Landau's preliminary geotechnical engineering recommendations will be prepared. This report will also contain Landau's preliminary geotechnical engineering recommendations for the other five sites. Once the City selects the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract, Landau will develop geotechnical engineering conclusions and recommendations for design and construction of the proposed replacement sewer lines. The results of Landau's field explorations, laboratory testing, and engineering analyses, and Landau's geotechnical engineering conclusions and recommendations forthe subset of sites that will he included in the Phase 10 construction contract, will be summarized in a draft written report, Upon receipt of review comments, Landau will address the comments and submit a signed and sealed geotechnical report. The Phase 10 geotechnical report will include: • A site plan showing the locations of the borings completed for the Phase 10 sites. February 23, 2022 4 Packet Pg. 190 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates • Results of laboratory testing and summary logs of the exploratory borings for the Phase 10 sites. • A discussion of the near -surface soil and groundwater conditions observed in the vicinity of the Phase 10 sites. • An evaluation of the moisture sensitivity of the soils along the Phase 10 project alignments • Conclusions regarding the anticipated need to dewater temporary excavations and a discussion related to dewatering methods that could be used if it is anticipated that dewatering will be required at any of the Phase 10 sites. • Recommend hydraulic conductivity information for use in estimating the groundwater flow rate (if groundwater is encountered). • Recommendations related to trench excavation and temporary shoring for the Phase 10 sites. • Recommendations related to maximum allowable slopes for temporary excavations for the Phase 10 sites. • Recommendations for pipe foundation support, pipe bedding, and initial backfill materials for the Phase 10 sites. • An evaluation of the suitability of excavated soil from the phase 10 sites for use as trench backfill. • Trench backfill compaction criteria for the Phase 10 sites. • Recommendations for monitoring and testing during Phase 10 construction, Assumptions • BHC will provide Landau a base map of the project alignment in AutoCAD format. • The maximum depth of the proposed sewer line(s) at this site is about 15 ft bgs. • She length of the project alignment at this site is about 750 ft. • The City will issue landau a no -cost right-of-way use permit, * Because the borehole will be completed as a piezometer that will include a flush -mounted steel monument encased in fast -setting concrete, it will not be necessary to patch the pavement section at the boring location using hot -mix asphalt. • Portland cement concrete pavement (PCCP) is not present below the asphalt concrete pavement at potential sites for the proposed exploratory boring (i.e., no coring required). If PCCP is present, Landau will subcontract a local concrete -cutting company to core a 17-inch- diameter hale in the pavement. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). • Contaminated soil and groundwater are not present along the project alignment, and the need for special disposal methods during construction is not anticipated. If during Landau's subsurface investigation it is suspected that contaminated soil and/or groundwater has been encountered, Landau will drum the soil cuttings and investigation -derived water, submit samples of the soil and water to an analytical laboratory for characterization, and provide consultation related to any special disposal methods that may be required during February 23, 2022 5 Packet Pg. 191 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement landau Associates construction. Thistask is considered an optional task that would be funded using management reserve funds (see below for additional details). • The subsurface investigation for this site will be conducted concurrently with the investigations for the other three sites. Effective scheduling and implementation of the field activities proposed herein is highly dependent on the availability of support contractors (in particular, the geotechnical driller). At this time, the availability of local geotechnical drillers Is limited_ If this situation continues, it could impact the scheduling of Landau's field investigation. Deliverables • An electronic (Adobe PDF) copy of a single, draft geotechnical report that summarizes the results and contains preliminary geotechnical engineering recommendations for all six sites. Electronic (Adobe PDF) copies of a draft and a final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract. Site 2 Landau will compile and review readily available geologic and geotechnical information, along with other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the project area. Possible data sources include information in landau and City files, and in published geologic and topographic maps. After reviewing readily available geotechnical and geologic data, Landau will complete a geologic reconnaissance of the project area and collect information on the general nature and physical features of the area surrounding the project alignment. In accordance with City requirements regarding geotechnical engineering requirements for utility project design, Landau will also advance one exploratory boring to characterize soil and groundwater conditions along the project alignment. For cost -estimating purposes, it is assumed that the boring will be advanced to a depth of 20 ft bgs. A drilling contractor under subcontract to Landau will complete the exploratory boring using the hollow -$tern auger drilling technique and either a truck- or track -mounted drill rig. To avoid buried utilities, Landau will arrange for underground utility location ("call before you dig") prior to performing field activities. Landau is not responsible for damage to mismarked or unlocatable utilities, and as a result, the cost of utility repairs is not included in Landau's cost estimate. The proposed boring will be completed either along the shoulder of the streets that the sewer lines follow or within the travel lanes of the streets. As a result, a temporary lane closure may be needed Therefore, Landau will prepare and submit a traffic control plan to the City, obtain a right-of-way February 23, 2022 F, Packet Pg. 192 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates permit from the City, and provide the necessary traffic control personnel and devices when working within the City's right-of-way. A representative from Landau will observe the exploration, obtain soil samples from the boring, and prepare a field log of conditions encountered in the exploration. Soil samples will be obtained from the exploratory boring on about a 2%- or 5-ft depth interval using the SPT procedure. The soil samples will be delivered to Landau's laboratory for further examination and classification. Soil samples obtained from the exploration will be held in Landau's laboratory for 30 days after submittal of the final report. After that date, the soil samples will be disposed of unless arrangements are made to retain them. Upon completion of sampling and logging, the borehole will be completed as a piezometer in accordance with the requirements of WAC 173-160. Excess cuttings from the exploratory boring will be properly disposed of off site. Landau will complete a geotechnical laboratory testing program consisting of natural moisture content and grain size and/or Atterberg Limits determinations on selected soil samples to aid in classifying site soils. Landau has budgeted four moisture content and two grain size or Atterberg Limits determinations. Information from the field investigation will be analyzed by a geotechnical engineer from Landau and a draft geotechnical report that summarizes Landau's preliminary geotechnical engineering recommendations will be prepared. This report will also contain Landau's preliminary geotechnical engineering recommendations for the other five sites. Once the City selects the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract, Landau will develop geotechnical engineering conclusions and recommendations for design and construction of the proposed replacement sewer lines. The results of Landau's field explorations, laboratory testing, and engineering analyses, and Landau's geotechnical engineering conclusions and recommendations for the subset of sites that will be included in the Phase 10 construction contract, will be summarized in a draft written report. Upon receipt of review comments, Landau will address the comments and submit a signed and sealed geotechnical report. The Phase 10 geotechnical report will include: • A site plan showing the locations of the borings completed for the Phase 10 sites. • Results of laboratory testing and summary logs of the exploratory borings for the Phase 10 sites. • A discussion of the near -surface soil and groundwater conditions observed in the vicinity of the Phase 10 sites. • An evaluation of the moisture sensitivity of the soils along the Phase 10 project alignments. • Conclusions regarding the anticipated need to dewater temporary excavations and a discussion related to dewatering methods that could be used if it is anticipated that dewatering will be required at any of the Phase 10 sites. February 23, 2022 7 Packet Pg. 193 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates • Recommend hydraulic conductivity information for use in estimating the groundwater flow rate (if groundwater is encountered). • A discussion regarding the feasibility of using pipe bursting to correct bellies in the existing sewer line. • Recommendations related to trench excavation and temporary shoring for the Phase 10 sites. • Recommendations related to maximum allowable slopes for temporary excavations for the Phase 10 sites. • Recommendations for pipe foundation support, pipe bedding, and initial backfill materials for the Phase 10 sites. • An evaluation of the suitability of excavated soil from the Phase 10 sites for use as trench backfi1 I. ■ Trench backfill compaction criteria for the Phase 10 sites. • Recommendations for monitoring and testing during Phase 10 construction. Assumptions • BHC will provide Landau a base map of the project alignment in AutoCAD format. • The maximum depth of the proposed sewer line(s) at this site is about 15 ft fags. • The length of the project alignment at this site is about 670 ft. • The City will issue Landau a no -cost right-of-way use permit. ■ Because the borehole will be completed as a pie2ometer that will include a flush -mounted steel monument encased in fast -setting concrete, it will not be necessary to patch the pavement section at the boring location using hot -mix asphalt. • PCCP is not present below the asphalt concrete pavement at potential sites for the proposed exploratory boring (i.e., no coring required). If PCCP is present, Landau will subcontract a local concrete -cutting company to core a 12-inch-diameter hale in the pavement. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). • Contaminated soil and groundwater are not present along the project alignment, and the need for special disposal methods during construction is not anticipated. If during Landau's subsurface investigation it is suspected that contaminated soil and/or groundwater has been encountered, Landau will drum the soil cuttings and investigation -derived water, submit samples of the soil and water to an analytical laboratory for characterization, and provide consultation related to any special disposal methods that may be required during construction. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). The subsurface investigation for this site will be conducted concurrently with the investigations for the other three sites. • Effective scheduling and implementation of the field activities proposed herein is highly dependent on the availability of support contractors (in particular, the geotechnical driller). At February 23, 2022 8 Packet Pg. 194 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement landau Associates this time, the availability of local geotechnical drillers is limited. If this situation continues, it could impact the scheduling of Landau's field investigation. Deliverables An electronic (Adobe PDF) copy of a single, draft geotechnical report that summarizes the results and contains preliminary geotechnical engineering recommendations for all six sites. An electronic (Adobe PDF) copy each of a draft and a final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract. Site 3 Landau will compile and review readily available geologic and geotechnical information, along with other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the project area. Possible data sources include information in Landau and City files, and in published geologic and topographic maps. After reviewing readily available geotechnical and geologic data, Landau will complete a geologic reconnaissance of the project area and collect information on the general nature and physical features of the area surrounding the project alignment. In accordance with City requirements regarding geotechnical engineering requirements for utility project design, Landau will also advance one exploratory boring to characterize soil and groundwater conditions along the project alignment. For cost -estimating purposes, it is assumed that the boring will be advanced to a depth of 45 ft bgs. A drilling contractor under subcontract to Landau will complete the exploratory boring using the hallow -stem auger drilling technique and either a truck- or track -mounted drill rig. To avoid buried utilities, Landau will arrange for underground utility location ("call before you dig") prior to performing field activities. Landau will also subcontract a private utility -locating service to mark conductible utilities located outside of public utility easements. Landau is not responsible for damage to mismarked or uniocatable utilities, and as a result, the cost of utility repairs is not included in Landau's cost estimate. A representative from Landau will observe the exploration, obtain soil samples from the boring, and prepare a field log of conditions encountered in the exploration. Soil samples will be obtained from the exploratory boring on about a 2Yz- or 5-ft depth interval using the SPT procedure. The soil samples will be delivered to Landau's laboratory for further examination and classification. Soil samples obtained from the exploration will be held in Landau's laboratory for 30 days after submittal of the final report. After that date, the soil samples will be disposed of unless arrangements are made to retain them. Upon completion of sampling and logging, the borehole will be completed as a February 23, 2022 9 Packet Pg. 195 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates piezometer in accordance with the requirements of WAC 173-160. Excess cuttings from the exploratory boring will be properly disposed of off site. Landau will complete a geotechnical laboratory testing program consisting of natural moisture content and grain size and/or Atterberg Limits determinations on selected soil samples to aid in classifying site soils. Landau has budgeted three moisture content and two grain size or Atterberg Limits determinations. Information from the field investigation will be analyzed by a geotechnical engineer from Landau and a draft geotechnical report that summarizes Landau's preliminary geotechnical engineering recommendations will be prepared. This report will also contain Landau's preliminary geotechnical engineering recommendations for the other five sites. Once the City selects the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract, Landau will develop geotechnical engineering conclusions and recommendations for design and construction of the proposed replacement sewer lines. The results of Landau's field explorations, laboratory testing, and engineering analyses, and Landau's geotechnical engineering conclusions and recommendations for the subset of sites that will be included in the Phase 10 construction contract, will be summarized in a draft written report. Upon receipt of review comments, Landau will address the comments and submit a signed and sealed geotechnical report. The Phase 10 geotechnical report will include: • A site plan showing the locations of the borings completed for the Phase 10 sites. • Results of laboratory testing and summary logs of the exploratory borings for the Phase 10 sites. • A discussion of the near -surface soil and groundwater conditions observed in the vicinity of the Phase 10 sites. • An evaluation of the moisture sensitivity of the soils along the Phase 10 project alignments • Conclusions regarding the anticipated need to dewater temporary excavations and a discussion related to dewatering methods that could be used if it is anticipated that dewatering will be required at any of the Phase 10 sites. • Recommend hydraulic conductivity information for use in estimating the groundwater flow rate (if groundwater is encountered). • Recommendations related to trench excavation and temporary shoring for the Phase 10 sites. • Recommendations related to maximum allowable slopes for temporary excavations for the Phase 10 sites. • Recommendations for pipe foundation support, pipe bedding, and initial backfill materials for the Phase 10 sites. • An evaluation of the suitability of excavated soil from the Phase 10 sites for use as trench backfill. • Trench backfill compaction criteria for the Phase 10 sites. February 23, 2022 10 Packet Pg. 196 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates • Recommendations for monitoring and testing during Phase 10 construction. Assumptions • Access permission to this site will be provided by the City. • Because this site is located beyond the City right-of-way, it is assumed that the boring proposed for this site can be completed without the need for traffic control and a right-of-way permit from the City. ■ BHC will provide Landau a base map of the project alignment in AutoCAD format. • The maximum depth of the proposed sewer line(s) at this site is about 10 ft bgs; however, Landau is proposing to explore deeper than this to support critical areas reporting for this site • The length of the project alignment at this site is about 321 ft. • The City will issue Landau a no -cost right-of-way use permit. • Because the borehole will be completed as a piezometer that will include a flush -mounted steel monument encased in fast -setting concrete, it will not be necessary to patch the pavement section atthe boring locations using hot -mix asphalt. • PCCP is not present below the asphalt concrete pavement at potential sites for the proposed exploratory boring (i.e., no coring required). If PCCP is present, Landau will subcontract a local concrete -cutting company to core a 12-inch-diameter hole in the pavement. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). • Contaminated soil and groundwater are not present along the project alignment, and the need for special disposal methods during construction is not anticipated. If during Landau's subsurface investigation it is suspected that contaminated soil and/or groundwater has been encountered, Landau will drum the soil cuttings and investigation -derived water, submit samples of the soil and water to an analytical laboratory for characterization, and provide consultation related to any special disposal methods that may be required during construction. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). • Though Site 3 is in an area of steep slopes, a critical areas report in accordance with the standards of the City will not he required. • The subsurface investigation for this site will be conducted concurrently with the investigations for the other three sites. Effective scheduling and implementation of the field activities proposed herein is highly dependent on the availability of support contractors (in particular, the geotechnical driller). At this time, the availability of local geotechnical drillers is limited. if this situation continues, it could impact the scheduling of Landau's field investigation. Deliverables • An electronic (Adobe PDF) copy of a single, draft geotechnical report that summarizes the results and contains preliminary geotechnical engineering recommendations for all six sites February 23, 2022 l ! Packet Pg. 197 2.7.b Phase 10 and Phase 115anitary Sewer Replacement landau Associates An electronic (Adobe PDF) copy each of a draft and a final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be Included in the Phase 10 construction contract. Site 4 Landau will compile and review readily available geologic and geotechnical information, along with other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the project area. Possible data sources include information in Landau and City fines and in published geologic and topographic maps. Landau will also review a previous#y published geotechnical report that others prepared for the site. Landau will review data collected during a previous field investigation completed by others and prepare a draft geotechnical report summarizing its preliminary recommendations for all six sites. Once the City selects the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract, Landau will develop geotechnical engineering conclusions and recommendations for design and construction of the proposed replacement sewer lines. The results of Landau's field explorations, laboratory testing, and engineering analyses, and Landau's geotechnical engineering conclusions and recommendations for the subset of sites that will be included in the Phase 10 construction contract, will be summarized in a draft written report. Upon receipt of review comments, Landau will address the comments and submit a signed and sealed geotechnical report. The Phase 10 geotechnical report will include: ■ A site plan showing the locations of the borings completed for the Phase 10 sites. • Results of laboratory testing and summary logs of the exploratory borings for the Phase 10 sites. • A discussion of the near -surface soil and groundwater conditions observed in the vicinity of the Phase 10 sites. • An evaluation of the moisture sensitivity of the soils along the Phase 10 project alignments • Conclusions regarding the anticipated need to dewater temporary excavations and a discussion related to dewatering methods that could be used if it is anticipated that dewatering will be required at any of the Phase 10 sites. • Recommend hydraulic conductivity information for use in estimating the groundwater flow rate (if groundwater is encountered). • Recommendations related to trench excavation and temporary shoring for the Phase 10 sites. ■ Recommendations related to maximum allowable slopes for temporary excavations for the Phase 10 sites. • Recommendations for pipe foundation support, pipe bedding, and initial backfill materials for the Phase 10 sites. February 23, 2022 12 Packet Pg. 198 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement landau Associates An evaluation of the suitability of excavated soil from the Phase 10 sites for use as trench backfill. • Trench back -fill compaction criteria for the Phase 10 sites. • Recommendations for monitoring and testing during Phase 10 construction. Assuiirptions ■ Because Site 4 site was previously explored by others, no additional subsurface investigation is proposed for the site. * BHC will provide Landau a base map of the project alignment in AutoCAID format. ■ The maximum depth of the proposed sewer line(s) at this site is about 15 ft bgs. • The length of the project alignment at this site is about 680 ft, Deliverables • An electronic (Adobe PDF) copy of a single, draft geotechnical reportthat summarizes the results and contains preliminary geotechnical engineering recommendations for all six sites An electronic (Adobe PDF) copy each of a draft and a final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract. Site 5 Landau will compile and review readily available geologic and geotechnical information, along with other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the project area. Possible data sources include information in Landau and City files and in published geologic and topographic maps. This will also include review of previous geotechnical reports that were prepared for this site by Landau and others. Information from the previous field investigations conducted by Landau and others will be analyzed by a geotechnical engineer from Landau, and a draft geotechnical report that summarizes Landau's preliminary geotechnical engineering recommendations will be prepared. This report will also contain Landau's preliminary geotechnical engineering recommendations for the other five sites. Once the City selects the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract, Landau will develop geotechnical engineering conclusions and recommendations for design and construction of the proposed replacement sewer lines. The results of Landau's field explorations, laboratory testing, and engineering analyses, and Landau's geotechnical engineering conclusions and recommendations for the subset of sites that wi;l be included in the Phase 10 construction contract, will be summarized in a draft written report. Upon receipt of review comments, Landau will address the comments and submit a signed and sealed geotechnical report. The Phase 10 geotechnical report will include; February 23, 2022 13 Packet Pg. 199 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates • A site plan showing the locations of the borings completed for the Phase 10 sites. • Results of laboratory testing and summary logs of the exploratory borings for the Phase 10 sites. • A discussion of the near -surface soil and groundwater conditions observed in the vicinity of the Phase 10 sites. • An evaluation of the moisture sensitivity of the soils along the Phase 10 project alignments. ■ Conclusions regarding the anticipated need to dewater temporary excavations and a discussion related to dewatering methods that could be used if it is anticipated that dewatering will be required at any of the Phase 10 sites. • Recommend hydraulic conductivity information for use in estimating the groundwater flow rate (if groundwater is encountered). • Recommendations related to trench excavation and temporary shoring for the Phase 10 sites. • Recommendations related to maximum allowable slopes for temporary excavations for the Phase 10 sites. • Recommendations for pipe foundation support, pipe bedding, and initial backfill materials for the Phase 10 sites. • An evaluation of the suitability of excavated soil from the Phase 10 sites for use as trench backfill. • Trench backfill compaction criteria for the Phase 10 sites. ■ Recommendations for monitoring and testing during Phase 10 construction. Assurrrptions • Because Site S site was previously explored by Landau and others, no additional subsurface investigation is proposed for the site. ■ BHC will provide landau a base map of the project alignment in AutoCAD format. • The maximum depth of the proposed sewer line(s) at this site is about 25 ft bgs. • The length of the project alignment at this site is about 2,800 ft. Deliverobles • An electronic (Adobe PDF) copy of a single, draft geotechnical report that summarizes the results and contains preliminary geotechnicai engineering recommendations for all six sites. An electronic (Adobe PDF) copy each of a draft and final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract. February 23, 2022 14 Packet Pg. 200 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates Site 6 Landau will compile and review readily available geologic and geotechnical information, along with other relevant data for the project area. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology In the project area. Possible data sources include information in Landau and City files, and in published geologic and topographic maps. After reviewing readily available geotechnical and geologic data, Landau will complete a geologic reconnaissance of the project area and collect information on the general nature and physical features of the area surrounding the project alignment. In accordance with City requirements regarding geotechnical engineering requirements for utility project design, Landau will also advance one exploratory boring to characterize soil and groundwater conditions along the project alignment. For cast -estimating purposes, it is assumed that the boring will be advanced to a depth of 20 ft bgs. A drilling contractor under subcontract to Landau will complete the exploratory boring using the hollow -stem auger drilling technique and either a truck- or track -mounted drill rig, To avoid buried utilities, Landau will arrange for underground utility location ("call before you dig" ) prior to performing field activities. Landau is not responsible for damage to mismarked or unlocatable utilities, and as a result, the cost of utility repairs is not included in Landau's cost estimate. The proposed boring will be completed either along the shoulder of the streets that the sewer lines follow or within the travel lanes of the streets. As a result, a temporary lane closure may be needed. Therefore, Landau will prepare and submit a traffic control plan to the City, obtain a right-of-way permit from the City, and provide the necessary traffic control personnel and devices when working within the City's right-of-way. A representative from Landau will observe the exploration, obtain soil samples from the boring, and prepare a field log of conditions encountered in the exploration. 5oii samples will be obtained from the exploratory boring on about a 2%- or 5-ft depth interval using the 5PT procedure. The sail samples will be delivered to Landau's laboratory for further examination and classification. Soil samples obtained from the exploration will be held in Landau's laboratory for 30 days after submittal of the final report. After that date, the soil samples will be disposed of unless arrangements are made to retain them. Upon completion of sampling and logging, the borehole will be completed as a piezometer in accordance with the requirements of WAC 173-160. Excess cuttings from the exploratory boring will be properly disposed of off site - Landau will complete a geotechnical laboratory testing program consisting of natural moisture content and grain size and/or Atterberg Limits determinations on selected soil samples to aid in classifying site soils. Landau has budgeted four moisture content and two grain size or Atterberg Limits determinations. February 23, 2022 15 Packet Pg. 201 2.7.b Please 10 and Phase 11 Sanitary Sewer Replacement Landau Associates Information from the field investigation will be analyzed by a geotechnical engineer from Landau and a draft geotechnical report that summarizes Landau's preliminary geotechnical engineering recommendations will be prepared. This report will also contain Landau's preliminary geotechnical engineering recommendations for the other five sites. Once the City selects the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract, Landau will develop geotechnical engineering conclusions and recommendations for design and construction of the proposed replacement sewer lines. The results of Landau's field explorations, laboratory testing, and engineering analyses, and Landau's geotechnical engineering conclusions and recommendations forthe subset of sites that will be included in the Phase 10 construction contract, will be summarized in a draft written report. Upon receipt of review comments, Landau will address the comments and submit a signed and sealed geotechnical report. The Phase 10 geotechnical report will include: ■ A site plan showing the locations of the borings completed for the Phase 10 sites. • Results of laboratory testing and summary logs of the exploratory borings for the Phase 10 sites. IF A discussion of the near -surface soil and groundwater conditions observed in the vicinity of the Phase 10 sites. An evaluation of the moisture sensitivity of the soils along the Phase 10 project alignments ► Conclusions regarding the anticipated need to dewater temporary excavations and a discussion related to dewatering methods that could be used if it is anticipated that dewatering will be required at any of the Phase 10 sites. • Recommend hydraulic conductivity information for use in estimating the groundwater flow rate (if groundwater is encountered). • A discussion regarding the feasibility of using pipe bursting to upsize the existing sewer line. • Recommendations related to trench excavation and temporary shoring for the Phase 10 sites. Recommendations related to maximum allowable slopes for temporary excavations for the Phase 10 sites. Recommendations for pipe foundation support, pipe bedding, and initial backfill materials for the Phase 10 sites. • An evaluation of the suitability of excavated soil from the Phase 10 sites for use as trench backfill. a Trench backfill compaction criteria for the Phase 10 sites. • Recommendations for monitoring and testing during Phase 10 construction. Assumptions BHCwiII provide Landau a base map of the project alignment in AutoCA❑ format, • The maximum depth of the proposed sewer line(s) at this site is about 15 ft bgs. February 23, 2022 16 Packet Pg. 202 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates • The length of the project alignment at this site is about 660 ft. The City will issue Landau a no -cost right-of-way use {permit. • Because the borehole will be completed as a piezometer that will include a flush -mounted steel monument encased in fast -setting concrete, it will not be necessary to patch the pavement section at the boring location using hot -mix asphalt. • PCCP is not present below the asphalt concrete pavement at potential sites for the proposed exploratory boring (i.e., no coring required). If PCCP is present, Landau will subcontract a local concrete -cutting company to core a 12-inch diameter hole in the pavement. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). • Contaminated soil and groundwater are not present along the project alignment, and the need for special disposal methods during construction is not anticipated. If during Landau's subsurface investigation it is suspected that contaminated soil and/or groundwater has been encountered, Landau will drum the soil cuttings and investigation -derived water, submit samples of the soil and water to an analytical laboratory for characterization, and provide consultation related to any special disposal methods that may be required during construction. This task is considered an optional task that would be funded using management reserve funds (see below for additional details). • The subsurface investigation for this site will be conducted concurrently with the investigations for the other three sites. Effective scheduling and implementation of the field activities proposed herein is highly dependent on the availability of support contractors (in particular, the geotechnical driller). At this time, the availability of local geotechnical drillers is limited_ If this situation continues, it could impact the scheduling of Landau's field investigation. Deliverables An electronic (Adobe PDF) copy of a single, draft geotechnical report that summarizes the results and contains preliminary geotechnical engineering recommendations for all six sites. • An electronic (Adobe PDF) copy each of a draft and a final geotechnical report that contains geotechnical engineering conclusions and recommendations to support the design of the subset of sites that will comprise about 1,500 to 2,000 ft of upgrades that will be included in the Phase 10 construction contract. Concrete Coring (Optional Service) If PCCP is present at the locations of Landau's proposed exploratory borings, Landau will subcontract a local concrete -cutting company to core a 12-inch diameter hole in the pavement to provide access to the underlying soils. Landau's recommended management reserve -fund budget for this optional task is presented below. February 23, 2022 17 Packet Pg. 203 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates Environmental Consultation (Optional Service) If during Landau's subsurface investigation it is suspected that contaminated soil and/or groundwater has been encountered, Landau will: • Use a photoionization detector to screen soil samples for potential contamination. • Separately drum soil cuttings and investigation -derived water that are suspected to be contaminated. • Coordinate with the City and identify a secure site for the temporary storage of the potentially contaminated drummed soit and water. ■ Transport the drums of potentially contaminated soil and water to the secure site that is provided by the City. • Collect soil and water samples and submit the samples to an analytical laboratory for disposal characterization and waste profiling. ■ Archive one soil sample per site for future waste profiling by the contractor. Future waste profiling might be needed if Landau's waste profiling data is not considered current enough for the disposal company selected by the contractor or if the disposal company requires analytical data for contaminants that were not included in Landau's waste profile. • Coordinate and pay for the disposal of the potentially contaminated drummed soil and water after it has been characterized for disposal. • Validate and tabulate the analytical test results. • If the drummed soil and/or water is determined to be contaminated, prepare an Environmental Considerations section for the geotechnical report that provides recommendations related to any special disposal methods that may be required during construction. Landau's report will also include the analytical test results and the water profile. Landau's recommended management reserve -fund budget for this optional task is presented below Assumptions • The analytical laboratory testing program will be focused an gasoline, diesel, BTEX (benzene, toluene, ethylbenzene, and xylene), and metals. • The City will provide at no cost to Landau a secure site where the drums of potentially contaminated soil and water can be temporarily stored. • The analytical testing costs assumed in Landau's cost estimate are based on a standard 2- week turnaround time. ■ Contaminants, if detected, will not be considered hazardous and the drummed soil can be disposed of at a Subtitle D landfill. Cost Estimate Landau estimates the cost for the proposed scope of services described herein will be about $48,400, in general accordance with the following breakdown. February 23, 2022 18 Packet Pg. 204 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates Task Estimate Geotechnical Engineering - Site 1 $8,600 Geotechnical Engineering - Site 2 $8,600 Geotechnical Engineering - Site.3 $14,000 Geotechnical Engineering - Site 4 $4,300 Geotechnical Engineering - Site S $4,300 Geotechnical Engineering - Site 6 $8,600 TOTAL ESTIMATED FEE (ALL SITES) $48,400 Provided below are Landau's recommended management reserve -fund budgets for the optional tasks described herein. optional Task Estimate Concrete Coring (4 cores at $,OO per core) $3,200 Environmental Consultation (4 sites at $8,800 per site) $35,200 TOTAL ESTIMATED MANAGEMENT RESERVE FUND (ALL SITES) $38,400 The cost estimate and management reserve -fund budget assume that approval for all sites/tasks will be provided, allowing for single mobilization of field efforts. Landau proposes to provide the above -described services on a time -and -expenses basis according to the budget set forth above and the attached compensation schedule. It is possible that the level of effort required to complete a specific scope item will differ from that currently assumed, and Landau may need to reallocate authorized budget among the various tasks or request additional Budget to meet the needs of the project. If project requirements change, or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, Landau will bringthese to your attention and seek your written approval for an addendum to the scope of services and costs prior to performing additional services. Authorization To authorize Landau's services, please prepare a subconsultant services agreement, consistent with previous agreements between BHC and Landau. February 23, 2022 19 Packet Pg. 205 2.7.b Phase 10 and Phase 11 Sanitary Sewer Replacement Landau Associates Closing Landau appreciates the opportunity to work with BHC and the City of Edmonds on this project. Please contact us if you have any questions about this proposed scope of Services and the associated co5t estimate. LANDAU A550CIATES, INC. Steven R. Wright, PE Principal SZW/SMG/tacjmcs 2022-9754 [XAC EVr00NMV021-]R_PN]OF 11 SEWER RE PLACEMENT PROGRAMl PRO\ CITY OF EVMUN05 PHASE 10 AN 0 PH A5E 11 SAN I TARY5EWER RE PLACEM ENT REVS ED PRQP05k 2,23.2022.MCXJ Attachments: Attachment 1. Sites Map 2022 Compensation Schedule February 23, 2022 :0 Packet Pg. 206 COMPENSATION SCHEDULE - 2022 2 LALANDAd .7.b A 5 5 a C I A T E 5 Personnel Labor Hourly Rate Senior Principal 305 Principal 285 Senior Associate 265 Associate 240 Senior 215 Senior Project 145 Project 175 GIS Analyst / CAD Designer 175 Senior Staff 160 Staff / Senior Technician II 145 oata Specialist 145 CAD / GIS Technician 135 Project Coordinator 125 Assistant / Senior Technician 1 115 Technician 100 Support Staff 85 Expert professional testimony or the preparation thereof for court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates A rate schedule will be provided on request. Subcontractor Services and Other Expenses a Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent 112%) handling charge. A higher handling charge for W E technical subconsultants and for high -risk field operations may be negotiated on an individual project basis; 4) similarly, a lower handling charge may be negotiated on projects requiring disproportionaliy high subconsuitant a) involvement. Q to N Invoices V Invoices for Landau Associates' services will be issued monthly, Interest of 1% percent per month (but not d to exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. c 0 Term Unless otherwise agreed, Landau Associates reserves the rightto make reasonable adjustments to ourcompensation a rates over time (e.g„ long-term continuing projects). ..r c a� E t c� Q r rernplA[ut%Cenlrocjij2 , Compensate—Sdiv.OUIe Landau Associates Packet Pg. 207 City of Edmonds EXHIBIT B - BUDGET Phase 10 (2023) Sanitary Sewer Replacement Project Budget 21-10804 Date: February 25, 2022 Direct Labor Rate Principal Ron D. $98.80 Proj. Mgr Tony F. $83.20 Proj. Engr. Jordan Z. $72.80 Staff Engr. Margarita R. $42.64 CAD Patti S. $61.36 CAD Svetlana O. $42.64 Clerical Sarah S. $39.52 Acctg Patty C. $39.52 BHC Subconsultants Budget Billing Rate $311.22 $262.08 $229.32 $134.32 $193.28 $134.32 $124.49 $124.49 Hours Labor Expenses Cost DHA Landau APS BHC Markup Sub. Total Task Hours Hours Hours Hours Hours Hours Hours Hours 10 Project Management Contract Management 8.00 3.00 4.00 15.00 $2,968 $59 $3,027 $0 $0 $0 $0 $0 $3,027 Invoicing & Status Reports 20.00 40.00 60.00 $10,221 $204 $10,426 $0 $0 $0 $0 $0 $10,426 Team Coordination 20.00 20.00 16.00 8.00 64.00 $13,523 $271 $13,794 $0 $0 $0 $0 $0 $13,794 City Coordination 16.00 16.00 $4,193 $84 $4,277 $0 $0 $0 $0 $0 $4,277 Subtotal 0.00 64.00 20.00 16.00 8.00 0.00 3.00 44.00 155.00 $30,906 $618 $31,524 $0 $0 $0 $0 $0 $31,524 20 Utility Location Services Request Franchise CRD Information 1.00 2.00 6.00 9.00 $1,245 $26 $1,271 $0 $0 $0 $0 $0 $1,271 Locate Utilities 1.00 1.00 2.00 $491 $10 $501 $0 $0 $10,400 $1,040 $11,440 $11,941 Core Existing Pavement 1.00 1.00 2.00 1.00 3.00 $229 $721 $5 $14 $234 $735 $0 $0 $0 $0 $8,437 $0 $844 $0 $9,281 $0 $9,515 $735 Develop Pothole Plan Subtotal 0.00 2.00 5.00 2.00 0.00 0.00 6.00 0.00 15.00 $2,686 $55 $2,741 $0 $0 $18,837 $1,884 $20,721 $23,462 0 Field Survey Conduct Field Survey & Mapping 1.00 2.00 2.UU 5.00 $1,107 $25 $1,132 $45,762 $0 $4,576 $50,338 $51,470 Subtotal 0.00 1.00 2.00 0.00 2.00 0.00 0.00 0.00 5.00 $1,107 $25 $1,132 $45,762 $0 $0 $4,576 $50,338 $51,470 40 Preliminary Design -30% Design) Conduct Alternative Analysis 0.00 17.50 51.50 99.00 3.00 30.00 0.00 0.00 201.00 $34,303 $686 $34,989 $0 $0 $0 $0 $0 $34,989 Coordinate with City 6.00 12.00 18.00 $4,324 $86 $4,411 $0 $0 $0 $0 $0 $4,411 Prepare Preliminary OPCC 2.00 6.00 20.00 28.00 $4,586 $92 $4,678 $0 $0 $0 $0 $0 $4,678 Visit Sites 3.00 6.00 6.00 15.00 $2,968 $59 $3,027 $0 $0 $0 $0 $0 $3,027 QA/QC Reviews 4.00 2.00 6.00 $1,769 $35 $1,804 $0 $0 $0 $0 $0 $1,804 Mileage $200 $200 $0 $0 $0 $0 $0 $200 Subtotal 50 Final Design Develop Design Drawings 4.00 0.00 30.50 7.50 75.50 37.75 125.00 110.00 3.00 19.00 30.00 131.00 0.00 0.00 0.00 0.00 268.00 305.25 $47,951 $46,665 $1,159 $934 $49,110 $47,599 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $49,110 $47,599 Develop Construction Specifications 8.00 40.00 80.00 16.00 144.00 $24,007 $480 $24,487 $0 $0 $0 $0 $0 $24,487 Prepare OPCC 2.00 8.00 16.00 26.00 $4,508 $90 $4,598 $0 $0 $0 $0 $0 $4,598 Conduct QA/QC Reviews 12.00 12.00 24.00 $6,880 $138 $7,017 $0 $0 $0 $0 $0 $7,017 Document Submittals 3.00 3.00 3.00 12.00 6.00 27.00 $4,413 $88 $4,501 $0 $0 $0 $0 $0 $4,501 Design Review Meetings 6.00 6.00 3.00 15.00 $3,322 $66 $3,388 $0 $0 $0 $0 $0 $3,388 Site Visits 6.00 12.00 12.00 30.00 $5,936 $119 $6,055 $0 $0 $0 $0 $0 $6,055 Mileage $400 $400 $0 $0 $0 $0 $0 $400 Subtotal 60 Geotechnical Engineering Services Geotechnical Engineering 12.00 44.50 106.75 2.00 4.00 218.00 4.00 22.00 1.00 143.00 25.00 0.00 571.25 $95,730 $2,315 $98,045 11.00 $2,172 $43 $2,215 $0 $0 $0 $48,400 $0 $0 $0 $98,045 $0 $4,840 $53,240 $55,455 Subtotal 0.00 2.00 4.00 4.00 1.00 0.00 0.00 0.00 11.00 $2,172 $43 $2,215 $0 $48,400 $0 $4,840 $53,240 $55,455 70 Public Outreach Services Support Mailers & Doorhan ers 1.00 2.00 4.00 1.00 1.00 9.00 $1,576 $34 $1,610 $0 $0 $0 $0 $0 $1,610 Subtotal 0.00 1.00 2.00 4.00 1.00 0.00 1.00 0.00 9.00 $1,576 $34 $1,610 $0 $0 $0 $0 $0 $1,610 80 Services During Bidding and Construction Bid Period Services 1.00 2.00 4.00 4.00 2.00 13.00 $2,280 $46 $2,326 $0 $0 $0 $0 $0 $2,325.70 Construction Meetings 4.00 4.00 8.00 $1,966 $39 $2,005 $0 $0 $0 $0 $0 $2,004.91 Assist with RFI 2.00 5.00 10.00 4.00 5.00 26.00 $4,409 $88 $4,498 $0 $0 $0 $0 $0 $4,497.69 Assist with Change Orders 2.00 4.00 4.00 4.00 1.00 15.00 $2,876 $58 $2,934 $0 $0 $0 $0 $0 $2,933.85 Construction Record Drawings 0.00 2.50 4.50 13.75 4.50 40.00 0.00 0.00 65.25 $9,776 $196 $9,973 $0 $0 $0 $0 $0 $9,972.85 Subtotal 0.00 999 Management Reserve Easement/Temporary Construction Permit Exhibits 11.50 19.50 31.75 16.50 40.00 8.00 0.00 127.25 $21,308 $427 $21,735 $5,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $21,735.00 $5,000 Potholing $25,000 $0 $0 $0 $0 $0 $25,000 Concrete Coring $3,500 $0 $0 $0 $0 $0 $3,500 Contaminated Soils/Groundwater $35,500 $0 $0 $0 $0 $0 $35,500 Desi n Mana ement Reserve $25,000 $0 $0 $0 $0 $0 $25,000 Subtotal 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0 $0 $94,000 $0 $0 $0 $0 $0 $94,000 Total Bud et 16.00 156.50 234.75 400.75 53.50 213.00 43.00 44.00 1,161.50 $203,436 $4,676 $302,112 $45,762 $48,400 $18,837 $11,300 $124,299 $426,411 S:\Projects\Edmonds\21-10804 - Phase 10 and 11 (2023-24) Sanitary Sewer Replacements\Project Management\Budget\Exhibit B - Budget-Final.xlsx Packet Pg. 208 2.8 City Council Agenda Item Meeting Date: 03/8/2022 Release of Public Sewer Easement at 21200 72nd Ave Staff Lead: Rob English Department: Public Works & Utilities Preparer: Rob English Background/History Staff Recommendation Forward item to the consent agenda for approval at the March 15th City Council meeting. Narrative The City is currently reviewing a proposed senior living facility, Anthology Senior Living, located at 21200 72nd Ave W. The existing building, which is proposed to be demolished, connects to the City's public sewer system via a public sewer easement across the adjacent property to the south. The proposed Anthology Senior Living building will connect to the City's public sewer system on 72nd Ave W directly adjacent to the site. In addition, the adjacent parcel encumbered by the easement does not utilize the subject sewer easement. As such, the City is relinquishing/releasing the easement. Subsequent to Council approval, the release of the public sewer easement will be recorded with Snohomish County. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Partial Survey Plan Attachment 3 - Existing sewer easement document AFN7711230226 Attachment 4 - Release of Utility Easement Legal Packet Pg. 209 . City of Edmonds Anthology Senior Living 9 S7 r� W SHT 73 S30 T27N R4E DMONOS s FERANC, w ^� LU a 00 kO SHT 10 S20 T27N C 208TH ST SW 204TH ST SW J L---] L I I I I I I I Y I I I I I I I I I � oap gA(ti I t � 10��LP a I SHT 14 = S29 T27.A' R4E 220TH ST SW i 1: 12,125 0 1,010.38 2,020.8 Feet 1,504.7 This ma Is a user generated static output from an Internet mapping site and is foi 18,056 p B p pp B reference only. Data layers that appear on this map may or may not be accurate WGS_1984_Web _Mercator _Auxiliary -Sphere current, or otherwise reliable © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend Notes Vicinity Map 21200 72nd Ave W I 2.8.a I V 3 d 4- 0 CU W CL a Packet Pg. 210 1 2.8.b ALTA/NSPS LAND TITLE SURVEY I RIM 3B2.02 B' PVC IE 379.42 NW 12" GONG IE 379.2B SOME! 1397 RIM 384.90 RIM 381.83 \ RIM 38A27 12' CONC IE J]9.]5 W 12' GONG IE 371.83 N 12" CIXJC E 375.4] W 3Y CONC IE 3]5.55 NW 32' CONC IE 3]5.31 NW 32° GONG IE 374.80E 30' GONG IE 374.21 W / 32" GONG IF 375.31 SE 30° GOING IE 3J3.88 S i P ,... 1 T i --- -f T T --T- ' PVC IE 3149 5'...W W -"W w W P LL IE 3 965 W '1 WLL SO 30 s L ro p._ S0 - $0 (aA DE S) 50 so- 5D- IF 37467E SD 5 OF rvL` a0 ea - 24361 LD FCL ss ss ss - ss ss vc IE 3 a a9 NE ss ss I 1 ss- 1 - _ IND MAIL IN 1 s5 s Sw�L 212TH ST SW s �s 1ox1P' Eo -D NCREIE MONUMENT = h - - UTILITY EASEMENGT WLL '�_ 0 �G G G- Yil CASE. -' 10' S 0 EASEMENT - /20/8) y -- REC. 2190+1n1S] 9-0mzi4. NB9°52'54'W 213" .54'., ' \ FOUND 5/5" REBAR BEGIN RIGHT NRN LANE \\ AND GAP "RNA 4551° ° LGH AT CORNER , (12/2D1B) r _ - I 8 -� - 30' t 1 I 3B'F gig 10 STRF.Ei 50M1 1 7T LOT 12 I [ `7�`N sEieACK 36 3 7 I N SOPHIA B WONG I f N 73 I NW CORNER CMU I WALL IS ta'E. OF I C EUNKNOWN UD DNE I UTILITY PAINT MARKS EL T L 3 I NO TN LOD, STORM EASEMENT EASEMENT ASE ENT2R C. 86.9 NOT I,., �RIM 37725 (33,926 S-F.) REC NO 201800.- - 7 LOTH _ -� o [ 37 _____ -_ ---- a ro ' 6 CONC IS 3 5 3 E I HUNG CHUN SD -SO 50 50 DSO --6050 v "'N ET AL C, C R a300W Hf RIM J89.D] - 6" CUNC E 374,27 E ENABLE 6 UTIE 12" it J , W L�T9B m EDMOND9212 LLC � � IO' STREET - HVI)R PARK TOWHIMONE3 S I5.1' _ -�- •Puy •-�� L� SEIRACK REC. NO.2D98B69B50D9 '48.3 As vnuL FFE-378.2' 95.9 = +iJ.7' ABOVE IKIAOE a se 2 a N I CMU WALL rRIDGE-3956' 2120AVE W 1 BOBBY WOOD ,- LOB 9 iRAME BUILDING IMPERIAL PROPER I - ---- %RIDGE=397.2' 37.030 SQ. FT. 7232D LLO ,T-RIDGE-395.5' RIDGE=3955 Cv o N _______ 2_I 10' SANITARY SEWER I -RIDGE 395.6' J OEASEMENT REC. N0. e.i ONCRE "1230228 m l PAVEN PATH I W N SW COtNER CMU 2SL 6 POWER METERS G 1 WALL E' LIDS W1H NOTHING INSIDE IS LA. BE 14.2 I UN E o 12 B' -PH CONCRETE WALL 421' _ - 3-], i 39.9 iS9' TRAC49N WITH e'CLMC N. 'i. - _ 3�-'.LF- .3_ 3'CLFNC S .- 2HIDE PARK TOWNHOMES 2 F74"F 14•FHOMEOWNERS ASSOCIA'00N SWCORNER `.`412CONCRETE WALL 18K 0°F" Na9 1 52' IS 1.ONK OF LINE. 1 „ 3U. JO n3u WALL r _Ne9s2's'w 201 1 00' _ -s ---�-- I� D PowER uNE . 11MB WALL II DO EME 105062 ..� p H E -WAY 36 / 21I 10 CITY op EOMONO$ 8 ES LINE 98 WW OF T SNORT PLAT 102 E PROPERTY GMP E 372 7a 16' REC. NO. PLAT S0298 CORNER TOP CiRL STCTR 3REBA FACE BE CMU WALL :OGUN STER -ENCLOSURE PARK FOUND "EME ALD AN CROSSES CORNER. T V, CAP °EMERALD 30561 z A LLc 11 . -___ A(12/21.) ORNER v G9 I56, - -- 72. RIM ]05 _________.._________e' PVC IE 3]1.09 N ORES ALTAANNO'ES-CONT VEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE PARTIES PARKING SPACE COUNT REIN. RIGHT$ TO RELY GN OR USE THIS SURVEY DO NOT EXTEND REGULAR 33 JNNAMED PARTY WITHOUT IXPRESS RECERTIFICATION BY AXIS HANDICAP 2 iG AND MAPPING AND THE PROFESSIONAL SURVEYOR WHCSE STAMP TOTAL 35 I ON THIS SURVEY. iPERTY HAS DIRECT AND UNIMPEDED PEDESTRIAN AND VEHICULAR THERE IS NO EVDENCE BE RECENT EARTH MOMNG WORK, BUILDING CONSNRUCTOL OR BUILDING ADDITIONS OBSERVED DURING THE THE W MD AYE. W. A PUBUC FIGHT -OF -WAY. PROCESS OF C-CTING THE FIELDWORK, 3ASED ON WE ALTA COMMITMENT BY CHICAGO TIRE INSURANCE THERE ARE NOT ANY CHANGES IN STREET RIGHT OF WAY LINES OTHER ', ORDER N0. CCHI1BO3366NT, DATED NOVEMHER 19. 2018. AT 6:00 COMPLETED OR PROPOSED. AND AVAILABLE FROM THE CONTROLLING JURISOIOWN. )NE DCEGNARON OTHER AREAS ZONE X, AREAS DETERMINED TO BE THERE WAS NO EVIDENCE OF WETLAND MARKERS OBSERVED DURING THE OF SUM YEAR N-000 PLAIN, ACCORDING TO FLOW INSURANCE P (FIRM) NO 53.061C1315, COMMUNITY NO. 530163, PANEL NO. PROCESS OF CONDUGTNG THE FIELDWIX2K. SEX E, PANEL 1315 OF 1575, EFFECTIVE DATE NOVEMBER 8, 1999, ZONING - CG-GENERAL COMMERCIAL INTY, MERINGTON, AS PREPARED BY THE FEDERAL EMERGENCY MINIMUM STREET SETBACK 10' IENT AGENCY (FEMA). MINIMUM 51DE/REAR SETBACK W ZONING PER 0 BE EDMONDS ZONING MAP SETBACKS PER ECDC 16, 60.020 2016 ALTA CERTIFICATION .SCRIPTION OF REVISION DATE BY TO CA SENIOR EDMONDS WA PROPERTY OWNER, LLC, A DELA LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND CHICAGO THIS IS TO CERTFT THAT THIS MAP OR PLAT AND THE SUR9 THE _6 MINIMUM STANDARD DETAIL REQUIREMENTS FOR AL ADWM BY ALTA AND NSPS AND INCLUDES ITEMS 1, 2, 3, 19 AND 20 OF TABLE A THEREOF. THE FIELD WORK WAS GOA ID TOPOGRAPHY IN PREVIOUS CONSTRUCTION AREA 1/14/19 IN 'DATE SW CORNEA OF BUILDING, ADD APPROXIMATE (CATION OF POWER EASEMENT AND UPDATE STORM GATE of pLnT ON MAR 6. 2019 n " SEMENT PER REC. NO. 201902140157 2/15/19 3M 'DATE ALTA CERTIFICATION B. ADD ACCESS NOTES 3/6/19 DMB . _______________ ___ flIM 372.73 -, 6" GONG IE 371.2E W B" PVC E 371.03 S FOUND PUNCH IN 3/8' BRASS PLUG IN 2"X2" LEAD IN CWlCRB1E MONUMENT GOWN 0.5' IN CASE (12/2018) FOUND 'X' IN 1 1/4' / OR A55 DISK IN / CONCRETE MCNUMEI DOW 0.7' IN CASE. (12/2018) TOM 'A' EL 380.72 F` ----OP i U WI I, N YELL O - 0 D N t r N RIM 379.59 Q: IB' CONC IE 3 UNABLE TO OB ANIONS IXd 6' GOING N � JNC E&! \ RIM 381 20 (a 6° PVC IE 37204 N 8" PVC IE 37LAO E@Y UJ 8"M IS 371.74S L (L' AF O a) N ^m W NN� IL ` m a N m a F m �1 �1 Q Y, CA SENIOR LIVING HOLDINGS, THAVI MADE IN ACCORDANCE WTH g JSHED AND 8. 9. 11. 13, 14. iG. 17, IB, R � 48372 C 67 4 Survey &Mapping 15241 NE 901'H 5T REDMOND, WA 9BDS2 YBNdc EdL19 TEL. 425.823-5700 FAX 425.823-6700 Packet Pg. 211 1/20/22, 12:46 PM Landmark Web Official Records Search L l CMC\j `L�� RIAGII GF'zr, P•O. Onz IC:.71r O 4 L ITV EASEME T LyNhl1V00D, W6 l',:"!(;T1)N rn ,---1 IN COVSIDERATION o n to accrue to the grantors herein, the undersigned, LAPIERRR IN INC.; LAPIP.RRP. F.NTERPRISF.S, a partnership r1, hereby grant to the CITY U� a unni p• a (Corporation, a permanent f�- to' easement for the installation ion, and rainteuance of MFi - - an3 be over, across, througow t e o awing s bed property, ar�jQhlt��u�ther right to re%rove trees, bushes, undergrowth and other obstructinnT' fering with the location, construction and maintenance of said utility or 'es, tooether with the right of access to the easement at any time for the pur oses. The easement and right -of -may h r ranted is located in the County of Snohomish, State of :dashi ngton, and more titularly described as follows: See attached t The CITY agrees to restore to substantially the on $ndition such�Iimprovements as are disturbed during the construction, mainand repairof said utility or utilities; provided, the grar.[ors, theiry assigns I shall not construct any permanent structure over, upon or w�ermarent easement. IN WITNESS WHEREOF, said corporation has caused this instru, be 1 executed by its proper officers and its corporate seal to be hereu this 16th day of November 19 77 _ U,,��,,.. C%(ef C p er i NO SALES TAX By Qe v Pre ident REQUIRED � NOV 21 19" 1se i STATE OF WASHINGTOORk;fHA5, imkrA;w*I COUNTY OF SNOHOMIZ On this 16th day of November 19 77 , before me, the undersigned, a Notary Public 5 an or t RWSfate oT Was ih'ngton, duly connissioned and sworn, personally appeared E. J. LAPIERRE and ALEERT LAPIERRE m{ andx to me mown to e t e resi ent an Secretary, respectively, of LAPIERRE ENTERPRISES and LAPIERRF. INDUSTRIES, INC. the corporation that executedtheforegoing instrument an acknowledged the sai3 N� ,- instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they authorized 1 to execute the said instrument and that the seal affixed is the corporate seal of l �; said corporation. Witness my hand and official. 3t�' Y- p 3jfixed the da year first above written. o _=jG;`.* �,•. J i� �•� a or to atn of..L '•>''Ou .Washington, residing at .Y042�� rr��..ti ts±� pp ff11pp i711230'6 F { 16 f7.Cr.498 https://www.snoco.org/RecordedDocuments/search/index?theme=.blue§ion=searchCriteriainstrumentNumber&quickSearchSelectid Packet Pg. 212 1/20/22, 12:46 PM Landmark Web Official Records Search I 2.8.c sts •,i° s, am°•m, w.mi.,m° saoxo uonnsau, Fite No. LEGAL DESCRIPTION FOR LAPIERRE INDUSTRIES INC. SANI R EASEMENT S That portion of Tract 4, Solners Five -Acre Tracts accord t the plat thereof recorded in Volume 7 of Plats on page 25, records of Si h County, Washing- I t ton, lying within a strip of land 10.00 feet in width beln et on each side of the following described centerline: Bey inning at a n the ease ( line of said Tract 4, SO°16'25"W 19U.00 feet from the northea thereof; j thence N88°52'14"W 91.00 feet to a point hereinafter referred tp/9S��o int A"; E thence continuing Ntl8°52'14"W 87.00 feet; thence 146°00'W 33.00 Te JR e terminus ofe the centerline herein described: I AL50, [hat portion of said Tract 4 lying within a strip of land 10. feet in x i width, being 5.00 fee[ on each side of a centerline which begins at the afore - I mentioned "Point A" and extends N50°00-W 80.00 feet to the terminus of the centerline herein described; - Situate in Snohomish County, Washington. t 3 , ( A Y k , F ``((11 r voL1216 PAGE499 t'�' .Z711230226 ` IT, Wa . ,'�,�.`-'may,f$ e, � y} r https://www.snoco.org/RecordedDocuments/search/index?theme=.blue§ion=searchCriteriainstrumentNumber&quickSearchSelecti Packet Pg. 213 1/20/22, 12:46 PM Landmark Web Official Records Search 2.8.c 0 1 7 - 12th ST. S.W. V: Rf No. 77 /029B , O \ p h } Ne�SZia•rr Z/j2� i 2 �` t .• o i g Q V EFi rf iJ9 L•.39A.f rt�Se e I v _ y M 3 T Fbir /.P of Sfio��f� /er.'::en n LJ 7711230226 IN TRACT It4KSOLINERSF Uub I IIVE ACRE TRACTS CITY OF EDMONDS, SNOHOMISH COUNTY, WASH. ;Z.4e, 7XU•iW K Bi 44.-M&4, ewe. „y.9."' ry ' ENGINEERS . SURVEYORS . PLANNERS407, p 36 5098-F o ' 1i1M 5 al Edm d �" RLS •�"�� I 50 or 'i https://www.snoco.org/RecordedDocuments/search/index?theme=.blue§ion=searchCriterialnstrumentNumber&quickSearchSelecti Packet Pg. 214 2.8.d Return Address: City Clerk City of Edmonds 121 - 5th Avenue N Edmonds, WA 98020 RELEASE OF UTILITY EASEMENT Reference #: 7711230226 Grantors: LaPierre Industries, Inc.; LaPierre Enterprises, a partnership Grantee: City of Edmonds Property Address: 21200 72nd Avenue W., Edmonds, WA 98020 Assessor's Property Tax Parcel No(s): 005807-000-004-01 KNOW ALL BY THESE PRESENTS that the City of Edmonds, a Washington municipal corporation ("Grantee"), the holder of a permanent utility easement granted by LaPierre Industries, Inc. and Lalqerre Enterprises ("Grantors"), hereby releases such easement as follows: RECITALS A. Grantors were the fee owners of the real property described above, )vhich property is burdened by a permanent sanitary sewer easement, having Snohomish County Auditor Recording No. 7711230226, in favor of the City of Edmonds ("Utility Easement"). B. The Grantee has determined that it is no longer inneftheNUtiEas�nt and wishes to expressly release it. NOW, THEREFORE, Grantee does hereby terminate and release all rights, title and interest of every nature in the Utility Easement held by the Grantee, its successors and assig)ls arising under or accruing as a result of the Utility Easement having Snohomish County Auditor Recording No 711230226 and described as follows: THAT PORTION OF TRACT 4 SOLNERS FIVE-AYRE TRACTS ACCORDING TO THE PLAT THEREOF RECORD IN VOLUME 7 OF PLATS ON PAGE 25, RECORDS OF SNOHOMISH COUNTY, SHINGTON, LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING OPOINT ON THE EAST LINE OF SAID TRACT 4, SO'16'25"W 198.00 FEET FROM THL NORTHEAST CORNER THEREOF; THENCE N88°52' 14"W 00 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A"; THENCE CONAINUING N88'52'14"W 87.00 FEET; THENCE S46'00'W 33.00 FEET TO THE TERM S OF THE CENTERLINE HEREIN DESCRIBED; ALSO TH ORTION Off' SAID TRACT 4 LYING WITHIN A STRIP OF LAND 10.00 FEET IN WIDTH, ING 5.00 FEET ON EACH SIDE OF THE CENTERLINE WHICH BEGINS AT THE AF MENTIONED "POINT A" AND EXTENDS N50`00'W 80.00 FEET TO THE TE IN THE CENTERLINE HEREIN DESCRIBED; O ATE IN SNOHOMISH COUNTY, WASHINGTON. [Signature Page Follows] 81864332.2 Packet Pg. 215 2.8.d IN WITNESS WHEREOF, this instrument has been executed this GRANTEE, CITY OF EDMONDS: Mike Nelson, Mayor ATTEST/AUTHENTICATED: day of Scott Passey, City Clerk APPROVED AS TO FORM: op Office of the City Attorney STATE OF WASHINGTON) ) ss COUNTY OF SNOHOMISH ) 2022. I certify that I know or have satisfactory evidence that Mike Nelson signed this instrument, on oath stated that he is authorized to execute the instrument, and acknowledged it as the Mayor of the City of Edmonds to be the free and voluntary act for the uses and purposes mentioned in the instrument. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 2022. NOTARY PUBLIC in and for the State of Washington, residing at: My appointment expires: 81864332.2 Packet Pg. 216 2.9 City Council Agenda Item Meeting Date: 03/8/2022 Dedication of 15 feet for 203rd St SW Right of Way adjacent to 20323 81st Ave W Staff Lead: Rob English Department: Public Works & Utilities Preparer: Rob English Background/History Staff Recommendation Forward item to the consent agenda for approval at the March 15th City Council meeting. Narrative The City is currently reviewing a proposed 2-lot subdivision, at 20323 815Y Ave W. In accordance with Edmonds Community Development Code (ECDC) 20.75.085 (Subdivision - Review Criteria), the city council may require dedication of land in the proposed subdivision for public use. In accordance with ECDC 18.50.020 (Official Street Map - Dedication presumption and requirement), applicants for a subdivision shall be presumed to create development impacts upon the street and transportation system of the city and such presumed impacts shall be mitigated by the dedication of such right-of-way to the city and to public use. An Official Street Map Amendment, with an effective date of August 1, 2008, was approved by Ord. 3690 reducing the planned line right-of-way on 203rd St SW, adjacent to 20323 81s' Ave W, from thirty (30) to fifteen (15) feet in width. As a condition of development, the 15-foot right-of-way shall be deeded to the City. Subsequent to Council approval, the street dedication will be recorded against the subject property with the final plat documents for the subdivision. Attachments: ATTACHMENT 1 -VICINITY MAP ATTACHMENT 2 - PARTIAL SURVEY WITH DEDICATION ATTACHMENT 3 - OFFICIAL STREET MAP AMENDMENT 20323 81ST AVE W Packet Pg. 217 Vicinity Map - 20323 81st Ave W I +� HTs sr 7N LU -— — —— —-— —-— —-— — 00 H 00 � L I I 2 OTH TPV L�� m I o SHT ►�� �� 57 7 R4E I — I C I I MAIN S L IJL I I I W� I I Q I I 0) WAL T 5T ------------------------------ -� _ n " City Of Edmonds 7N IC S24 T SHT6 [ lS77 T27 R4E 316TH-S-T--SW------------ ---- 1 SHT ' 1 520 TL I R4E � I II fL I I� .�. i► 1 i 1 f LU Q L ---54T-lg------- 12TH 1:12,125 530 T27N R4E i 0 1,010.38 2,020.8 Feet 1,SO4.7 This ma Is a user generated static output from an Internet mapping site and is for 18,056 p B p pp B reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web _Mercator _Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 2.9.a -T iynnwoP ;• O Duri:l.. W Legend N Sections Boundary fA Sections Cl) ' Edmonds Boundary N ArcSDE.GIS.STREET_CENTERLIN C - <all other values> 4- tv Interstate ,F Principal Arterial r Minor Arterial; Collector 4— O - - Local Street; On Ramp 0 O State Highways r R V — <all other values> 'p a� -- 0 0 1 fi Q 2 County Boundary r H Parks Z ArcSDE.GIS.PROPERTY_WASHII ArcSDE.GIS.PROPERTY_CITIES ' ArcSDE.GIS.PROPERTY_CITIES City of Edmonds Z w City of Lynnwood City of Mountlake Terrace V Unincorporated King Co; Unincor City of Woodway Q City of Arlington; City of Bothell; C r— City of Gold Bar; City of Granite F N Citv of Marysville: Citv of Mill Cre, E t Notes tr° a Packet Pg. 218 1 2.9.b --------- ------------------------- PoUND CASED CONC. MON. W/ 1-3/4' BRAss Disc & x- 200 TH ST. S.W. DOWN 0.9, VISITED 10-6-20 4— L I 30' i 30' i 1 h I I I I � � I �I b _ I � ryJ�t hllo I gl_ I I I I I FOUND CASED CONC. MOH. W/ 1-3/4" BRASS DISC & x" DOWN OY, VISITED 10-6-20 1 r f � 1 r ! / CITY OF EDMONDS SNORT PLAT S-2000-150 A.F.#200104255001 FOUND MIAR W/CAP STAMPED 203RD ST. S.W. 30433' O.3'(W) & O. i (S) OF 10' PRIVATE SIDE SEWER CORNER. FENCE COR. 2.5'(S) & EASEMENT AFN 1877046 (PUBLIC M6HT OF WAY) .......... 0.7'(E) OF CORNER _ N 89'18"17" W 153. 15' 30.00' x x . WOOD FENCE +r�FENCE 15' RICFIT OF Way x WOOD FENCE o I 2 3 I I —---- 1----------- FOUND REBAR W/CAP STAMPED '30433- AT CORNER FENCE INT. 1.6'(S) & 0.7'(E) OF CORNER —x -----7-- CHAIN LINK FENCE OF PROPERTY LINE DEDICATION I _,----,— --Z—' ---- —. 2.297 SF- v 10' JOINT UTILITY -- - " EASEMENT '-- — — — � r/T?i7Ti�JTi� 9.4r r� 'a d, /1 r/ ,a d; ;a HOUSE '9 1 h/ TO REMAIN )1-. 9,581 SF d, w xxxx 203RD ST SW ��" A'OOD FENCE 85.17' 155.1E I FOUND REBAR WICAP N 89'19'34' W T STAMPED CORNER. '30433' AT 2'9 10' JOINT UTIU Y — — — `— — — — EASEMENT og O n n O W p 2 o xxxx 20JRO ST SW TRACT A BELT ADD. DIV 3 SNARED INTEREST PARCEL VOL. 21, PG. 2 FOUND REa4R W/CAP STAMPED "30433" AT CORNER FENCE COR. 0.3'(N) & 0.5'(E) OF CORNER 00431200001502 t N ATTACHMENT 2 �1 Packet Pg. 219 2.9.c 0006.90000 WSS/gjz 7/7/08 ORDINANCE NO.3690 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL STREET MAP, AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO MAKE CHANGES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on July 1, 2008, the Edmonds City Council held a public hearing regarding amendment of the Official Street Map (OSM) to reduce certain planned line right of way on 203rd Street SW from thirty (30) to fifteen (15) feet in width; and WHEREAS, this matter came to the Edmonds City Council with the recommendation of approval from its Hearing Examiner pursuant to a decision dated April 17, 2008; and WHEREAS, following the public hearing, the City Council adopts the findings and conclusions set forth in the Hearing Examiner's decision of April 17, 2008; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Official Street Map (OSM) of the City of Edmonds is hereby amended to reduce the right of way of 203rd Street SW as shown in File No. ENG-2008=76 for that segment of 203rd Street SW adjacent to single family residential property located at 20323 - 81 st Avenue West, Edmonds, Washington. { W SS700027. DOC,1 /00006.900000/) - 1 - Packet Pg. 220 2.9.c Section 2. The Development Services Director or his designee is hereby authorized to amend the Official Street Map to reflect this change. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: L'4�� MAY R'60 AAAKENSON ATTEST/AUTHENTICATED: - A '. 'e, Z &'�� — CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF nC Y A EY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 07/18/2008 PASSED BY THE CITY COUNCIL: 07/22/2008 PUBLISHED: 07/27/2008 EFFECTIVE DATE: 08/01/2008 ORDINANCE NO. 3690 {WSS700027.DOC;1/00006.900000/} - 2 - Packet Pg. 221 2.9.c SUMMARY OF ORDINANCE NO.3690 of the City of Edmonds, Washington On the 22nd day of July, 2008, the City Council of the City of Edmonds, passed Ordinance No. 3690. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL STREET MAP, AUTHORIZING THE DEVELOPMENT SERVICES DIRECTOR TO MAKE CHANGES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 23rd day of July, 2008. ITY CLERK, SANDRA S. CHASE {WSS700027.DOC;1/00006.900000/}- 3 - Packet Pg. 222 Zoning and Vicinity Map File No. ENG-2008-76 N 0 125 250 500 FGQ A ATUOHR'-NT 2 I Packet Pg. 223 1 2.9.c 0, fbt co � N Q Ei FIRST BANK MTQ. CORP. F 810) AVE • W, se >a H 74 N �. s 1 P: ui m It i Packet Pg. 224 2.9.c Affidavit of Publication STATE OF -WASHING i ON, COUNTY OF SNOHOMISH } S.S. REl"r-ij N J OG p EDMOND, Account Name: City of Edmonds The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summer. of Ordinance No. 3690 Amending the Official Street Map a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: Julv 27.2008 and that said newspaper was'regularly distributed -to its:subscribers during 91T of said period. Subscribed and sworn to before me this 28th day of July, zoos Notary Public in nd for c State of=apc1d11�a¢�4�ing A�Everet Snohomish County. �r�..::.:lt` ��I►. Account Number: 10141 :0 r dV,..!Bmber: 0001603276 /t �U ev -Az %P�' ot$, �1 9 'iht►►.....r�``��� OF W Packet Pg. 225 2.10 City Council Agenda Item Meeting Date: 03/8/2022 2021 Transportation Impact Fee Annual Report Staff Lead: Rob English Department: Public Works & Utilities Preparer: Rob English Background/History Staff Recommendation Forward item to the consent agenda for information at the March 15th City Council meeting. Narrative In 2004, the City authorized the collection of Transportation Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 3.36.080(C) of the Edmonds City Code (ECC), Attachment 1 is an accounting of the Transportation Impact Fee Fund for 2021. The City collected a total of $292,730 in transportation impact fees during 2021. These revenues combined with the 2020 beginning fund balance of $1,713,122 resulted in a total available funding of $2,005,852. On the expense side and in accordance with section 3.36.100 of the ECC, the transportation impact fee fund paid $39,924.71 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project and $22,818.20 for the local match on the design work completed in 2021 on the 76th Ave/220th St. Intersection Improvement Project. Attachments: 2021 Transportation Impact Fee Report Packet Pg. 226 I 2.10.a I 2021 Transportation Impact Fee Receipts and Funds Transfer Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Owner/Applicant Receipt Previous New Fee Collected with Date Permit Number Number Site Address ITE Land Use ITE Land Use Notes Building Permit Fee Amount 02/01/2021 BLD2019-1553 R10194 Hoy vacant SFR X $6,249.14 8051 184th St SW 02/02/2021 BLD2020-1129 R10213 Select Homes Inc. vacant SFR X $6,249.14 1055 7th Ave S 02/08/2021 BLD2020-0965 R10317 Leif Helleren Construction Inc. vacant SFR X $6,249.14 10729 226th St SW 02/11/2021 BLD2019-1189 R10455 Wardak vacant SFR X $6,249.14 541 12th Ave N 02/11/2021 BLD2020-1146 R10485 Purser Development Services LLC vacant SFR X $6.249.14 1431 7th PI S 03/02/2021 BLD2020-0688 R10836 Select Homes Inc. vacant SFR X $6,249.14 21224 82nd PI W 03/02/2021 BLD2020-0689 R10836 Select Homes Inc. vacant SFR X $6,249.14 21226 82nd PI W 03/02/2021 BLD2020-0690 R10836 Select Homes Inc. vacant SFR X $6,249.14 21222 82nd PI W 04/14/2021 BLD2020-1033 R11648 Leif Helleren Construction Inc. vacant SFR X $6,249.14 10731 226th St SW 04/22/2021 BLD2019-0025 R11868 Paradise Heights HLD LLC SFR condo 4 units w/ credit for SFR X $12,431.80 546 Paradise Ln 04/22/2021 BLD2019-1442 R11868 Paradise Heights HLD LLC vacant condo 4 units X $13,272.52 550 Paradise Ln 04/22/2021 BLD2019-1443 R11868 Paradise Heights HLD LLC vacant condo 4 units X $13,272.52 554 Paradise Ln 05/05/2021 BLD2020-0734 R12178 Northwest Care Senior Living assisted living assisted living Addition of 8 beds to existing X $10,175.60 (Rosewood Courte) assisted living facility 728 Edmonds Way 05/06/2021 BLD2020-0019 R12185 Kisan Enterprise LLC SFR townhome 18 units w/ credit for SFR. X $54,903.80 Total fee was collected between four building permits (BLD2020- 0019 on 5/6/21, BLD2020-0151 on 6/11/21, BLD2021-0109 on 9/9/21,and BLD2021-0111 on 9/9/21) TRANSFERS 2021 Transaction Amount Cumulative Fund Name Reference Transferred Total Beginning Balance $1,713,121 $1,719,371 $1,725,620 $1,731,869 $1, 738,118 $1,744,367 $1,750,616 $1,756,865 $1, 763,115 $1,769,364 $1,781,796 $1,795,068 $1,808,341 $1,818,516 a Packet Pg. 227 22808, 22810, 22812, & 22814 2.10.a Edmonds Way )5/17/2021 BLD2021-0473 R12343 Westgate Village LLC (Thrive Kids retail dental office 2,120 sq. ft. change of use X $39,601.60 Dentistry) from retail to medical (dental) 10032 Edmonds Way, Suite 102 $1,913,022 )6/01/2021 BLD2021-0286 R12595 Select Homes Inc. vacant SFR X $6,249.14 0 8805 220th St. SW Lot 2 $1,919,271 d w )6/22/2021 BLD2018-1467 R13076 Chung vacant SFR X $6,249.14 719 Edmonds Way $1,925,520 ca 7 C )6/28/2021 BLD2021-0172 R13199 Colward vacant SFR X $6,249.14 327 Daley St., Lot A East $1,931,769 Q d )6/30/2021 BLD2021-0020 R13239 76 Street Townhomes SFR townhome 4 units w/ credit for SFR X $12,431.80 LL 7528215th St. SW $1,944,201 C� to )6/30/2021 PWTF Annual =- GJ 210106 Loan Payment-$39,924.71 E $1,904,276 O O_ )7/27/2021 BLD2021-0288 R13652 Select Homes Inc. vacant SFR X $6,249.14 R 8807 220th St. SW, Lot 3 $1,910,525 O )8/11/2021 BLD2021-0259 R13849 Young vacant SFR X $6,249.14 N 20118 83rd Ave. W $1,916,774 r— O L )8/16/2021 BLD2020-0865 R13964 Vector One vacant SFR X $6,249.14 ~ 8344 Olympic View Dr. $1,923,023 N O )9/03/2021 BLD2020-0386 R14543 Pickering vacant SFR X $6,249.14 302 6th Ave. S $1,929,273 r O )9/03/2021 BLD2020-0387 R14543 Pickering vacant SFR X $6,249.14 0- 304 6th Ave. S $1,935,522 O )9/28/2021 BLD2021-0009 R14999 Select Homes Inc. vacant SFR X $6,249.14 4) 1004 Walnut St. $1,941,771 tL r V )9/28/2021 BLD2021-0070 R14994 Select Homes Inc. vacant SFR X $6,249.14 O IZ 1006 Walnut St. $1,948,020 E )9/28/2021 BLD2021-0645 R14999 Select Homes Inc. vacant SFR X $6,249.14 r_ 1000 Walnut St. $1,954,269 y�-., to 11/15/2021 BLD2020-0893 R15900 Harris vacant duplex duplex w/ credit for SFR X $11,657.56 _ 21022 74th Ave. W 1,965,927 sZ to 76th/220th O O Instersection 12/31/2021 GJ 210264 Improvements-$22,818.20 ~ T N Total Transportation Impact Fess collected in 2021 = $292,730.00 N Interest Earned �- C 2021 $0.00 2021 YEAR-END BALANCE= $1,943,109 O t c.1 R r Q 2 Packet Pg. 228 2.11 City Council Agenda Item Meeting Date: 03/8/2022 Ash Thickener Drive Rebuild Project Staff Lead: Pamela Randolph Department: Wastewater Treatment Plant Preparer: Michael Derrick Background/History The Ash Thickener at the Wastewater Treatment Plant has been in continuous service since installation in 1990. The equipment was designed to dewater the ash from the incinerator prior to disposal in the ash container. The Ash Thickener is being repurposed for the future Carbon Recovery Project and is in need of rehabilitation. This work was not included in the Carbon Recovery Project. Staff Recommendation Forward item to the consent agenda for approval at the March 15th City Council meeting. Narrative The thickener will be used to dewater the biochar that is pumped as a slurry from the gasification process. The thickener is composed of a large metal tank, a drive motor and gear on top of the tank, and rake arms inside the tank that release and water from the slurry and concentrated the solids. All these components are to be rebuild and/or replaced. The tank was inspected and found to be in good condition. Due to the location of the tank, the structure/platforms above the unit floor must be removed. Once removed the motor, gear, and internal components will be replaced or rebuilt. Due to age of the equipment and brand of equipment there are limited vendors available to complete the work. There are no alternatives to replace in kind. Staff received (as of March 3, 2022) two written quotes for this work: Rebuilt -it Services Group for $99,747.00 and Ovivo for $108,593.00. The low cost bid for this project with sales tax is $110,220.44 (sales tax will increase April 1, 2022 to 10.5%). Staff is requesting a 10% management reserve of $11,000 for changes or unforeseen conditions during completion of the work. Duration of the project is 65 days from Notice to Proceed. This project is related to the Carbon Recovery project now underway at the plant. Cost Sharing based on $99,747.00: City of Edmonds: 46.36%; $46,242.71 City of Mountlake Terrace: 29.60%; $29,525.11 Olympic View WS Dist: 12.72%; $12,687.82 City of Shoreline: 11.32%; $11,291.36 Packet Pg. 229