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2024-01-09 Council PPW Packet1 2 OF BbMG ti Agenda Edmonds City Council 1,00 PARKS AND PUBLIC WORKS COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 JANUARY 9, 2024, 7:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK 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 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 3:30- 9:30 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: SUSAN PAINE (CHAIR), MICHELLE DOTSCH, COUNCIL PRESIDENT (EX- OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 1. Frances Anderson Center Building Use Agreements (15 min) 2. Presentation of Professional Services Agreement for design services for Phase 15 Waterline Replacement Project (10 min) 3. Public Safety Building Solar project Professional Services Agreement and Power of Attorney (10 min) 4. Presentation of Supplemental LAG agreement with KPG Psomas, Inc. for the Main St Overlay Project (10 min) 5. City of Edmonds Facility Condition Assessment update by Mckinstry (0 min) 6. Fire Station 16 Fire Alarm Panel and System Replacement (10 min) ADJOURNMENT: 9:30 PM Edmonds City Council Agenda January 9, 2024 Page 1 2.1 City Council Agenda Item Meeting Date: 01/9/2024 Frances Anderson Center Building Use Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Frances Anderson Center is home to six tenants. Each of the six tenants run organizations that are considered community partners as they provide programming that is typically found in a community center and expands the available programming for the Edmonds community. The six organizations are: 1. Edmonds Arts Festival Museum - leased art gallery space near the entrance and storage space in the lower level (the storage supports the Arts Festival held annually at the Frances Anderson Center). 2. Edmonds Montessori - providing half day preschool 3. Main Street Kids Day Care - providing full day childcare for non -school age children 4. Olympic Ballet - ballet school and classes 5. Sculptor's Workshop - leased space for pottery activities 6. Sno-King Youth Club - leased office space and storage for a non-profit providing youth recreational sport programs for Edmonds The building use agreements (leases) at the Frances Anderson Center have various term lengths ranging from 3 - 5 years. The payment terms for each agreement includes an annual increase based on inflation. In 2024 payments will increase 4.6% consistent with the Seattle -Tacoma -Bellevue inflation index. In 2023 the increase was 10.1% . Payments include Leasehold Tax unless the tenant qualifies for an exemption. The city has annual lease agreements for spaces outside of the Frances Anderson Center such as the Waterfront Center Ground Lease ($10); Boys and Girls Club ($1) and Historical Society / Museum ($1). These agreements are not included as they each have lease agreements that do not require renewal at this time. Staff Recommendation Review and recommend the attached 2024 Building Use Agreements are included on the January 16, 2024 Consent Agenda. Approval by Council will authorize the Mayor to sign the agreements. Narrative There are four Frances Anderson Center Tenants with building use agreements that expired December 31, 2023 the proposed future terms are: Packet Pg. 2 2.1 a. Edmonds Arts Festival Foundation - 5 year lease; expires 2028 - $715.80 per month b. Edmonds Montessori - 5 year lease; expires 2028 - $2,784.83 per month c. Sculptor's Workshop - 3 year lease; expires 2026 - $2,674.83 per month d. Sno-King Youth Club - 3 year lease; expires 2026 - $2,080.00 per month The Olympic Ballet and Main Street Kids leases did not expire in 2023, but the lease payment increase requires Council approval. A matrix of all 2024 Frances Anderson Center lease payments is attached for reference, all are calculated based on a price per square foot. All proposed agreements have been reviewed and approved by the City Attorney. Attachments: EAFF 2024 Building Use Agreement Montessori 2024 Building Use Agreement 2024 Sculptors Workshop Building Use Agreement SnoKing 2024 Building Use Agreement FAC Lease Payment Matrix 2024 Packet Pg. 3 2.1.a f 1)C. 1 $yv CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION & HUMAN SERVICES DEPARTMENT BUILDING USE AGREEMENT MIKE ROSEN MAYOR THIS AGREEMENT, made this day of January 2024, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and EDMONDS ARTS FESTIVAL FOUNDATION as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Room 203 - 246 sq. ft. Room 125 - 325.5 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for an art gallery and storage. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2024 and ending on December 31, 2028. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November I of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2028 or December 31 of any annual renewal term thereafter. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $715.80 per month for 2024. Said fee is broken down as follows: (1) 571.5 sq. ft. at $1.20/sq. ft. = $685.80 (2) $-00- for state leasehold property tax (see item 6 below) (3) $30.00 for power and heat (see item 7 below) (4) $-00- per month for water service (see item 7 below) • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 4 2.1.a Fees for 2025, 2026, 2027, 2028 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 51h Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $10.74 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short-term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: A flat rate of $30.00 per month will be charged for providing power and heat for 2024. This utility fee may be adjusted annually. Water service is not provided. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition and will deliver all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 5 2.1.a A. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. B. Property insurance shall be written on an all-risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 6 2.1.a 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee is authorized to display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Cultural Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at P.O. Box 699, Edmonds, WA 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 7 2.1.a 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS' FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorneys' fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease use of the leased premises and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Human Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 8 2.1.a 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. LESSOR: CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney LESSEE: EDMONDS ARTS FESTIVAL FOUNDATION Kirsten Paust, President • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 9 2.1.b f 1)C. 1 $yv CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION & HUMAN SERVICES DEPARTMENT BUILDING USE AGREEMENT MIKE ROSEN MAYOR THIS AGREEMENT, made this day of January 2024, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and EDMONDS MONTESSORI LLC as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Room 126 -1,024 sq. ft. Room 121 - 992 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for preschool instruction and after -school child care. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2024 and ending on December 31, 2028. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2028 or December 31 of any annual renewal term thereafter. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $2,784.83 per month for 2021. Said fee is broken down as follows: (1) 2,016 sq. ft. at $1.20/sq. ft. = $2,419.20 (2) $310.63 for state leasehold property tax (see item 6 below) (3) $30.00 for power and heat (see item 7 below) (4) $25.00 for water service (see item 7 below) • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 10 2.1.b Fees for 2025, 2026, 2027, 2028 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma -Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $41.77 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short-term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2024, a flat rate of $30.00 per month will be charged for providing power and heat, and a flat rate of $25.00 per month will be charged for providing leased spaces with water. These fees may be adjusted annually. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition and will deliver all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 11 2.1.b A. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. B. Property insurance shall be written on an all-risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 12 2.1.b 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee is authorized to display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Human Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 13 2.1.b 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS' FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorneys' fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease use of the leased premises and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Human Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 14 2.1.b 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. LESSOR: CITY OF EDMONDS LESSEE: EDMONDS MONTESSORI LLC Mike Rosen, Mayor Chrisi Kreft, Member Manager ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 15 2.1.c CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 MIKE ROSEN MAYOR PARKS, RECREATION & HUMAN SERVICES DEPARTMENT C. 189v BUILDING USE AGREEMENT THIS AGREEMENT, made this day of January 2024, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and SCULPTORS WORKSHOP as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Rooms 210 and 211=1,920 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for pottery, sculpting, and studio use. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. During the two times per year on which the Lessee conducts its biannual sales on the premises, the Lessee may use the hallway and the meeting room located by the back door, as well as approximately four tables. On those sale days, the Lessee may park in the parking area behind the workshop for purposes of loading and unloading. Otherwise, the Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2024 and ending on December 31, 2026. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will be not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2026. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $2,674.83 per month for 2024. Said fee is broken down as follows: (1) 1,920 sq. ft. at $1.20/sq. ft. = $2,304.00 (2) $295.83 for state leasehold property tax (see item 6 below) (3) $50.00 for power and heat (see item 7 below) (4) $25.00 per month for water service (see item 7 below) • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 16 2.1.c Fees for 2025, 2026 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) for the Seattle -Tacoma -Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 5th Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $40.12 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2024, a flat rate of $50.00 per month will be charged for providing power and heat, and a flat rate of $25.00 per month will be charged for providing leased spaces with water. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition and will deliver all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 17 2.1.c A. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. B. Property insurance shall be written on an all-risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 18 2.1.c 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee is authorized to display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Human Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 19 2.1.c 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS' FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorneys' fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease use of the leased premises and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Human Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 20 2.1.c 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. LESSOR: CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney LESSEE: SCUPLTORS WORKSHOP Janet Still, President • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 21 2.1.d f 1)C. 1 $yv CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION & HUMAN SERVICES DEPARTMENT BUILDING USE AGREEMENT MIKE ROSEN MAYOR THIS AGREEMENT, made this day of January 2024, by and between the CITY OF EDMONDS, a non -charter optional municipal code city organized under the laws of the State of Washington, as Lessor, and SNO-KING YOUTH CLUB as Lessee. 1. The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish, State of Washington, generally known as the Frances E. Anderson Cultural and Leisure Center, located at 700 Main Street, Edmonds, and described as follows: Rooms 111 and 113 (two-thirds [2/3] of space as divided) = 1,700 sq. ft. 2. DECLARATION: The Lessor hereby declares its determination that parts of the subject property are not presently required for City recreation purposes. Upon a determination by the Director of Parks and Recreation, or other official designated by the Director or the Mayor, that subject premises may become necessary for City recreation purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days after the notification of the Lessee as provided in paragraph 19. Upon determination by Lessee that subject premises will no longer be needed, the Lessee will send a written notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing herein shall limit the right of the City to terminate this Lease for breach of any term of this Lease. 3. PURPOSES: The subject property is to be used for office and storage. No other business or activities shall be undertaken on the premises without the written consent of the Lessor. Lessee may not use hallways for storage or for a meeting area unless the space is leased. 4. TERM: This Lease shall be for an initial term commencing on January 1, 2024 and ending on December 31, 2026. It may be renewed at the sole discretion of the Lessor for future annual terms, upon determination by the Lessor that the premises will not be required for City recreation purposes during the ensuing year. Said determination to renew shall be made on or before November 1 of the preceding year of the Lease; failure to provide written notice of renewal shall terminate the lease on December 31, 2026 or December 31 of any annual renewal term thereafter. 5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of $2,080.00 per month for 2024. Said fee is broken down as follows: (1) 1,700 sq. ft. at $1.20/sq. ft. = $2,040.00 (2) -00- for state leasehold property tax (see item 6 below) (3) $25.00 for power and heat (see item 7 below) (4) $15.00 per month for water service (see item 7 below) • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 22 2.1.d Fees for 2025, 2026 and any annual renewal term thereafter shall be adjusted on an annual basis. Such fees shall increase by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle -Tacoma - Bellevue area for the period from June to June, as is specified by the Bureau of Labor Statistics, United States Department of Labor. All payments shall be paid at the office of the Edmonds City Treasurer, 121 51h Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or before the tenth day of each month, a late payment fee of $31.20 shall be assessed and then immediately due and payable by the Lessee. This late payment fee is based upon the cost of comparable short term borrowing by the Lessee and may be adjusted annually. 6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary exemption form with the Lessor's Finance Division. 7. UTILITIES: For 2024, a flat rate of $25.00 per month will be charged for providing power and heat, and a flat rate of $15.00 per month will be charged for providing leased spaces with water. These fees may be adjusted annually. In the event the Lessee orders any other public utilities which shall be used in or charged against the leased premises, Lessee shall pay the same during the full term of the Lease. 8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor shall have access to the premises for purposes of inspection at reasonable hours during the term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the premises without demand or notice at the end of the term, or renewal thereof, and leave the same in a neat and clean condition and will deliver all keys belonging to the premises to the Lessor. 9. RESPONSIBILITIES: Lessee's Negligence: Lessor or Lessor's agents shall not be liable for any damage or injuries either to persons or property, sustained by the Lessee, its employees, agents, or third persons by reason of the negligent act of the Lessee, its agents, employees, or invitees, nor shall Lessor be liable for loss of any property kept on the premises. 10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee's operation and use of the subject premises. Lessee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 23 2.1.d A. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. B. Property insurance shall be written on an all-risk basis. Property insurance shall be written covering the full value of Lessee's property and improvements with no coinsurance provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee's insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five (5) business days' notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand. 11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used in accordance with the laws of the State of Washington, the Edmonds City Code, and other appropriate and applicable governmental agencies, and in accordance with all the directions, rules, and regulations of health officers, fire marshals, building inspectors, or other appropriate officer, provided, however, Lessee shall assume no responsibility for structural code requirements or required modifications, if any. The governmental operations of the City of Edmonds will no longer purchase or provide single -use polystyrene or other plastic -based, non-compostable food service packaging or ware for any City -sponsored function providing food and/or beverages. Renters and officially recognized users of City owned buildings are strongly encouraged to comply with these restrictions. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 24 2.1.d 12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make no alterations or improvements to the leased premises, or to any of the furniture or equipment located on the premises subject to this Lease without the prior written consent of the Lessor. Lessor is not obligated to grant its consent. The Lessor shall be under no obligation to make additions or changes to the leased premises after the Lessee occupies the space. Changes and additions include, but are not limited to, painting, electrical or plumbing changes, additions or alterations to doors, windows, draperies, walls, floors and vents, locks (unless required for building security), or any other change unless Lessor determines it is required for health and/or safety. 13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by Lessee. All other signs must be approved in writing by the Lessor's Deputy Director or designee prior to being installed and be in keeping with the Anderson Center's sign policy. Lessee will not use exterior windows for permanent signs or displays without the written permission of the Lessor. 14. DISPLAYS: Lessee is authorized to display materials to advertise business in hallway display case, and other display boards in Anderson Center with the approval of the Lessor's Deputy Director or designee. 15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work performed, materials furnished, or other obligations incurred by the Lessee. 16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises, nor assign the Lease or any part thereof, and agrees and stipulates that a material consideration for the execution of this Lease is its personal acceptance of the Lease Agreement. 17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the use of the subject premises by any group, organization, individual, or legal entity other than the reasonable and necessary use by the Lessee, its employees, or responsible adult participants and children duly enrolled in its authorized programs, without the prior written permission of the Lessor. 18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by fire, earthquake, or other casualty to such an extent as to render the same untenantable in whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate, with rent prorated to the date of the loss. 19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or registered mail to the Lessor at Edmonds Parks, Recreation & Human Services Department, 700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds, Washington, 98020, and delivery of all such notices shall be conclusively presumed to be effective upon posting of such in the United States mail, postage prepaid. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 25 2.1.d 20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and agreements contained herein, then the Lessor may immediately cancel the term of this Lease and reenter said premises. The Lessor shall be the sole distributor of keys and shall control the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances Anderson Center, as appropriate. 21. COSTS AND ATTORNEYS' FEES: In the event of a failure of the Lessee to perform any obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily incurred by the City, including reasonable attorneys' fees. 22. NON -WAIVER OF BREACH: The failure of a party to insist upon strict performance of any of the covenants and agreements of this Lease or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such provision, or any other covenants or agreement, but the same shall be and remain in full force and effect. 23. REMOVAL OF LESSEE'S PROPERTY: In the event of any entry in, or taking possession of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to remove from the leased premises all personal property located therein and may place the same in storage in a public warehouse at the expense and risk of the owners thereof. 24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers, officials, employees and volunteers harmless from any and all claims, suits, actions or liabilities for bodily injury or death or property damage suffered or alleged to be suffered by Lessee, its agents, employees, invitees or other third parties upon or about the leased premises or in any way arising out of or in connection with the Lessee's use of the leased premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph is to have Lessee act an insurer as to Lessor. 25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease use of the leased premises and vacate the Anderson Center no later than 5:00 PM on the day of the annual Arts Festival to enable the Edmonds Arts Festival to exercise sole control of the Anderson Center premises that night. 26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson Center shall be determined by Edmonds Parks, Recreation and Human Services Department. Hours of operation are 8:30am-8:30pm, Monday -Friday; and Saturday, 9:00am-2:00pm. Lessor reserves the right to amend these hours at any time and to determine days when the building will be closed. Any use of the leased area at times other than the current hours of operation must be approved in writing by the Lessor. Any use of the Anderson Center facilities other than leased space will require Lessee to make prior written arrangements with Lessor and pay current rental rates. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 26 2.1.d 27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in its sole discretion, to temporarily close the leased premises to the public for reasons related to public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic or other public health risk; a plumbing, heating or other building malfunction; or other similar occurrence), and that closure renders the Lessee unable to conduct business at the leased premises, the Lessor may, at the discretion of the Department Director (or designee), suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above. LESSOR: CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney LESSEE: SNO-KING YOUTH CLUB Ryan Budnick, Executive Director • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 27 2.1.e Frances Anderson Center Monthly Lease Payment Calculations 2024 2024 FAC TENANTS Sq ft Per sq ft rate Lease Payment Water Heat/Lights Leasehold Tax Previous Monthly Pmt. Total per month Monthly Increase (4.6%) Late Fee .015 Term EDMONDS ARTS FESTIVAL MUSEUM 571.50 1.20 $ 685.80 $ 30.00 $ - $ 687.23 $ 715.80 $ 28.57 $ 10.74 5 yrs - 2028 EDMONDS MONTESSORI 2,016.0 1.20 $ 2,419.20 $ 25.00 $ 30.00 $ 310.63 $ 2,671.08 $ 2,784.83 $ 113.74 $ 41.77 5 yrs - 2028 MAIN STREET KIDS DAY CARE CTR 4,884.0 1.20 $ 5,860.80 $ 80.00 $ 70.00 $ 752.53 $ 6,487.77 $ 6,763.33 $ 275.56 $ 101.45 5 yrs - 2025 OLYMPIC BALLET $ 5,432.16 $ 30.00 $ 70.00 $ 697.49 $ 5,963.11 $ 6,229.65 $ 266.54 $ 93.44 3 yr - 2024 100 rooms (122 & 124) 2,017.0 1.20 $ 2,420.40 $ 30.00 $ 70.00 $ 310.78 300 rooms (300, 302, 303, 304, 305, 306) 3,384.0 0.89 $ 3,011.76 $ 386.71 SCULPTOR'S WORKSHOP 1,920.0 1.20 $ 2,304.00 $ 25.00 $ 50.00 $ 295.83 $ 2,566.51 $ 2,674.83 $ 108.33 $ 40.12 3 yrs - 2026 SNO-KING YOUTH CLUB 1,700.0 1.20 $ 2,040.00 $ 15.00 $ 25.00 $ - $ 1,995.00 $ 2,080.00 $ 85.00 $ 31.20 3 yrs - 2026 Monthly Total: $ 20,370.70 $ 21,248.43 $ 877.74 $ 10,532.87 Packet Pg. 28 2.2 City Council Agenda Item Meeting Date: 01/9/2024 Presentation of Professional Services Agreement for design services for Phase 15 Waterline Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to the consent agenda for approval. Narrative The City issued a Request for Qualifications (RFQ) in October 2023 to hire a consultant to provide design engineering services for the Phase 15 and 16 Waterline Replacement Projects. The City received statements of qualifications from five (5) engineering firms and the selection committee selected Kimley Horn to provide design engineering services for the Phase 15 and 16 Waterline Replacement Projects. The design engineering for the Phase 15 Waterline Replacement Project is expected to be complete by January 2025, with construction expected to begin in Spring of 2025. In addition, for the Phase 16 sites, a waterline site evaluation and preliminary alignment determination is included in the scope and fee. This will aid in finalizing the alignments of the waterlines that will be replaced as part of the Phase 16 Waterline Replacement Project. This is needed because the Phase 16 sites will require coordination and permitting with WSDOT and also require coordination with private property owners. This coordination and permitting process with WSDOT can take an additional 6-12 months to coordinate and finalize. Starting it now will aid in keeping the Phase 16 project sites on schedule for design in 2025 and construction in 2026. When construction design services are required for the Phase 16 Waterline Replacement Project, a separate scope and fee will be drafted winter 2024 for design services and submitted to City Council for approval in early 2025. A scope of work has been negotiated for projects planned in the Phase 15 work (construction 2025) and the preliminary designs for Phase 16 (construction 2026) described above. The City has negotiated a consultant fee of $533,100. This amount includes a 10% management reserve that will only be authorized to address unforeseen conditions. This agreement will be funded by the Water Utility Fund. In total, the Phase 15 and 16 Waterline Replacement Projects will upgrade/replace portions of the City's potable water network by replacing a total of approximately 10,000 linear feet of existing waterlines and associated appurtenances at various locations within the City. The Phase 15 Waterline Replacement Project will replace approximately 5,000 linear feet of watermain. Packet Pg. 29 2.2 The selection of sites was determined using the data supplied in the 2017 Comprehensive Water System Plan dated June 2017, coordinating with upcoming road, sanitary sewer, and storm drain projects, and input from Public Works maintenance staff. Replacements focus on improving fire flow at various locations in the city, replacing mains that are past their life cycle and are requiring additional maintenance. Attachments: Attachment 1 - Agreement Attachment 2 - Project Map Packet Pg. 30 2.2.a OF ED " O d CITY OF EDMONDS MIKE 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV ROSEN MAYOR PUBLIC WORKS DEPARTMENT I 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 Kimley-Horn and Associates, Inc., 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 with respect to the Phase 15 and Phase 16 Waterline Replacement Projects 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 FIVE HUNDRED THIRTY THREE THOUSAND ONE HUNDRED DOLLARS ($533,100). 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 within 30 days of receipt of Consultant's voucher. 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. Packet Pg. 31 2.2.a 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. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. 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 to the extent caused by or arising from the negligent 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. 2 Packet Pg. 32 2.2.a 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 Coverage 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 Packet Pg. 33 2.2.a 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. 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 I & 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 Exhibits A and 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 4 Packet Pg. 34 2.2.a individuals, and any other standards or criteria as described in the Agreement to 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: Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 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 2024. CITY OF EDMONDS KIMLEY-HORN AND ASSOCIATES, INC. Mike Rosen, Mayor BY: ITS: [If signed by the Mayor, add: ATTEST/AUTHENTICATED : Scott Passey, City Clerk] APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 35 2.2.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2024, 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: 6 Packet Pg. 36 2.2.a 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. 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. 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. 7 Packet Pg. 37 2.2.a 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). 8 Packet Pg. 38 2.2.a Kimley»>Horn BACKGROUND Exhibit A Based on discussions with City of Edmonds staff (the Client), we understand that The City wishes to complete preliminary design on the Phase 15 and Phase 16 Waterline Replacement projects totaling approximately 10,300 LF. Additionally, the City wishes to complete design on the Phase 15 Waterline Replacement Project which includes taking approximately 5,500 LF of waterline from 30% Design to Bid -Ready construction documents. The project limits associated with this contract include the following sites depicted on the maps and table included in Exhibit C: Meadowdale Sites — 3,790 LF 1791h Sites — 1,730 LF Sea Lawn Sites — 2,940 LF Downtown Sites — 1,810 LF The scope of services consists of the following tasks and submittal stages: • Task 100 — Project Management and Coordination • Task 200 — Preliminary Design Services — Phase 15 & 16 Sites • Task 300 — Locate Services • Task 400 — Survey Services • Task 500 — Geotechnical Engineering Services • Task 600 — Final Design Services — Phase 15 Sites • Task 700 — Community Engagement Services • Task 800 — Post Design Services • Task 900 — Management Reserve SCOPE OF SERVICES The scope of services includes the following: TASK 100. Project Management and Coordination Kimley-Horn will provide project management throughout the project duration, which includes: • Conduct kickoff meeting with City of Edmonds and issue minutes • Monthly invoicing with status report including summary of activities completed under each task and anticipated deliverables for the next month, any issues encountered and actions taken for resolution, potential schedule and fee impacts, and/or issues requiring the City's direction. • Coordination with the City of Edmonds (up to 3 review meetings with the City including issuing meeting minutes and anticipated email/phone coordination every 2 weeks) • Internal project meetings • Coordination with subconsultants Packet Pg. 39 2.2.a Kimley>>> Horn Page 2 TASK 200. Preliminary Design Services — Phase 15 & 16 Sites Kimley-Horn will prepare and submit for the City's review Preliminary Design documents for the Phase 15 & 16 Waterline Replacement Sites which includes: • Review background information provided by City: o GIS Records o As-Builts on City of Edmonds utilities within project areas o Existing easement documents • Contact franchise utility companies for cable, power, fiberoptic records if applicable • Site visit to review topographic survey against field conditions • Prepare preliminary design plan view layout for replacement area. Plan sheets to include o Cover o Plan view layout of water main replacement • Prepare planning level Engineer's Opinion of Probable Construction Cost with 30% Contingency (EOPCC) • Prepare Technical Memo outlining: o Options for trenchless and other methods of replacement of water main in Sunset Dr. o Recommendation for replacement of water main in Sunset Dr. • Provide QA/QC for Preliminary Design deliverables • Conduct Plan -In -Hand walk-through with City Engineering and Operations/Maintenance staff following Preliminary Design plan and EOPCC submittal. City to provide the following information: • All available as-builts of existing City owned utilities within project areas. • All available easement documents for City owned utilities within project areas. Deliverables: PDFs and ACAD base file of Plans, Engineer's Opinion of Probable Construction Cost and Technical Memo. Word document of Design Memo, Excel File of EOPCC including quantity take offs, Principal signed QC statement confirming review and approval of deliverables. TASK 300. Locate Services Applied Professional Services, Inc. (APS), as a subconsultant to Kimley-Horn, will provide services on the project areas for the Phase 15 & 16 Waterline Replacement sites as outlined below: • APS will employ all industry and best practices to designate and mark the known conductible and/or non -conductible non -City owned utilities within the project boundaries. • APS will sweep the area, after the known non -City owned utilities have been marked, to attempt to identify any unknown or abandoned non -City owned utilities. • The project boundaries are defined by civil drawings or maps provided by the City. Packet Pg. 40 2.2.a Kimley»>Horn TASK 400. Survey Services Page 3 Duane Hartman & Associates, Inc. (DHA), as a subconsultant to Kimley-Horn, will complete topographic survey services for the Phase 15 & 16 Waterline Replacement sites as outlined below: 1791h, Sea Lawn, and Downtown Sites as depicted in Exhibit C will include full street right of way topographic mapping, with spot elevations collected on a 25-foot grid. The survey will include the location of all planimetric features, including but not limited to; pavement types, curbing, walkways, walls rockeries, top of nut water valve elevations, and all above and below grade utilities. The stormwater and sanitary sewer systems will be located and measured for rim elevations and invert elevations. A 10' x 10' detailed survey will be obtained around all water meters, hydrants and vaults. All trees, vegetation, irrigation control, etc. will be surveyed. Meadowdale Site as depicted in Exhibit C (existing 2020 base mapping): DHA to be provided with the existing CAD.dwg base map. DHA will perform a field edit of the Existing 2020 base map and supplement accordingly. Assumptions: This estimate does not consider an underground utility locate. DHA will engage the One -Call Utility Notification Center, and provide record utility agency data. Control: (City of Edmonds) Horizontal Datum: Washington State Plane Coordinate System, North Zone NAD83(2007), US Feet. Vertical Datum: NAVD88, US Feet Deliverables: Field data will be processed in accordance with Kimley-Horn/City of Edmonds standards. The topographic survey will be developed at a scale of 1"=20', with one (1) foot contours. Digital files delivered in Autodesk Civil 3D 2022.dwg and .xml format, with PDF hard copy plots. The foregoing services shall be completed and delivered within Sixty (60) calendar days of the official notice to proceed. TASK 500. Geotechnical Engineering Services HWA GeoSciences Inc. (HWA), as a subconsultant to Kimley-Horn, will complete the following scope of services to perform geotechnical borings and pavement cores to provide groundwater information and pavement thicknesses for pipeline installation on the Phase 15 and 16 Waterline Replacement Packet Pg. 41 2.2.a Kimley»>Horn Page 4 sites. Geotechnical explorations will include the completion of seven borings and 18 pavement cores. Logs of these geotechnical borings and pavement cores will be provided in a geotechnical report. Our services will consist of the following subtasks: Review existing data: HWA will review readily available geotechnical data from each project segment. This will include online databases and HWA's library of past projects. Plan and Prepare Exploration Program for Borings and pavement cores: HWA will plan and coordinate the field exploration program for this project. A work plan to perform seven geotechnical borings and eighteen pavement cores along the alignments will be prepared and submitted to the City for approval. Depths of boreholes will be about 20-25 feet. Obtain City of Edmonds Street Use Permit: HWA will work with the City of Edmonds to generate appropriate traffic control plans for the proposed drilling. Borings will be performed within side parking area or road shoulders when possible. However, we assume that subsurface utilities may require HWA to drill within the roadway travel lanes. Pavement cores will be completed within the travel lanes. We anticipate traffic control plans, requiring lane closures with flaggers, will be adequate for this project. We assume that all required street use permits will be provided by the City at no cost to HWA. HWA will coordinate with a flagging subcontractor to complete these phases of work where necessary. Obtain WSDOT Street Use Permit: HWA will work with the City of Edmonds and WSDOT to generate appropriate traffic control plans for the proposed drilling along SR 104. We anticipate traffic control plans, requiring lane closures with flaggers, will be required along SR 104. Complete Utility Locates: HWA will notify the one -call utility have underground utilities located in the vicinity of the proposed borings and pavement cores. Conduct Geotechnical Borings: HWA proposes to drill seven borings along the project alignment. Standard Penetration Test (SPT) samples will be taken at 2'/2-foot intervals in the upper 10 feet and at 5-foot intervals at depth greater than 10 feet in each boring. All borings will be monitored and logged under full-time observation of an HWA representative. The boring will be drilled by a licensed geotechnical driller under subcontract to HWA. Where borings are to be drilled through existing pavement, each boring will be drilled through an 8- 12-inch diameter the pavement core hole. The pavement at each boring location will be repaired with fast setting non -shrink grout such as Blue -Line Non -Shrink grout, or equivalent The details associated with each proposed boring is shown in Table 1 below. HWA expects these explorations will take 3 days to complete. Packet Pg. 42 2.2.a Kimley»>Horn Table 1 Proposed Boring Locations and Number Page 5 Location Number of Type of Drill Proposed Well Install Borings Rig Boring Depth (ft) SR 104 2 Truck Rig 30 YES 17232 Sea 2 Limited Access 10-15 NO Lawn PL (Aker) 172" d St SW 1 Truck Rig 20-30 NO 171 st St SW 2 Truck Rig 20-30 NO • Pavement Cores: HWA will conduct up to 18 pavement cores to assess pavement thickness along the project alignments (not including cores for the borings). Pavement cores will be drilled with a 6-inch diameter core barrel and will be patched with fast setting non - shrink grout such as Blue -Line Non -Shrink grout, or equivalent. The locations of the proposed cores are indicated in Table 2 below. HWA expects these explorations will take 4 days to complete. Table 2 Proposed Pavement Core Locations and Number Street Designation Number of Pavement Cores Sunset Avenue Two Cores West Dayton Street Two Cores Sea Lawn Place One Core Sea Lawn Drive One Core 76th Ave West Two Cores Packet Pg. 43 2.2.a Kimley»>Horn Page 6 Street Designation Number of Pavement Cores 171 st Street SW Two Cores 179th Street SW Four Cores 174t" Street SW Two Cores 72nd Way W One Core 172" d Street SW One Core • Generate Boring and Core Logs: Samples retrieved from the borings will be sealed in plastic bags and taken to our Bothell, Washington laboratory for further examination. Soil and groundwater information will be presented in summary boring logs that will be generated upon completion of our exploration program. • Groundwater Monitoring: HWA will install ground water monitoring transducers within the two wells proposed along SR 104. Up to 2 site visits will be made to collect groundwater readings. We expect the groundwater level along SR 104 to be shallow and tidally influenced • Quality Assurance / Quality Control: HWA will have all exploration data presented in the geotechnical data report reviewed by a principal prior to distribution to the design team or the City. • Geotechnical Engineering Analysis: HWA will conduct geotechnical engineering analysis associated with the proposed water lines. This will include standard utility trenching recommendations and trenchless recommendations for SR 104 and the culvert creek crossing of 171st Street. • Draft and Final Geotechnical Report: We will prepare draft and final geotechnical reports presenting the results of our studies. Our reports will include boring logs, pavement core logs, and a site and exploration plan. • Project and Contract Management: We will prepare monthly invoices, and progress reports if required. We will correspond with Kimley Horn /City of Edmonds in the form of emails, and telephone calls, as necessary. We will provide project management for the geotechnical engineering subtasks, and we will coordinate with and manage all our subcontractors. Packet Pg. 44 2.2.a Kimley»>Horn Assumptions/Conditions: Page 7 The following assumptions were made as part of the development of the proposal for these phases: • All required exploration permits will be provided to HWA by the City of Edmonds at no cost to HWA. • HWA will apply for the necessary ROW use permits. • HWA will contract with a subcontractor to perform the borings. The borings and pavement cores will be conducted during workday hours (8AM to 5PM) with no work hour restrictions for the exploration not on SR104; It is assumed no night time work will be required. • The geotechnical explorations proposed herein will NOT be used to assess site environmental conditions. However, visual, or olfactory observations regarding potential contamination will be noted. Analysis, testing, storage, and handling of potentially contaminated soil and ground water (either sampled or spoils from drilling) are beyond this scope of services. If suspected contaminated soils and/or ground water are encountered, the material will be properly contained on -site for disposal as mutually agreed upon without additional cost to HWA. • All non -contaminated drilling spoils and related debris will be drummed on site and transported off site for disposal by the drilling subcontractor. Spoils from limited access boring conducted at 17232 Sea Lawn Place will be spread across the site. • All geotechnical borings and pavement cores, with diameters less than 12-inches, drilled through existing pavement, will be patched with fast setting non -shrink grout. TASK 600. Final Design Services — Phase 15 Sites Kimley-Horn will prepare Final Design documents. Efforts involved in these tasks will include the following: • Provide Construction Plans including the following sheets. It is anticipated the final Bid -Ready Construction Plan Set will contain up to 46 sheets. o Cover o General Notes, Abbreviations and Legend o Horizontal Control and Sheet Layout o Existing Conditions and TESC o Water Main Plan and Profile Sheets o Road Restoration Plans o Water Standard Details o Water Main Connection Details o Roadway Details Packet Pg. 45 2.2.a Kimley»>Horn Page 8 • Provide Project Contract Documents Manual based on WSDOT Standard Specifications for Municipal Construction incorporating City -provided front end contractual specifications. Kimley-Horn will work with the City to resolve relevant conflicts with the City -provided front end specifications/General Conditions and project specific Special Provisions. • Provide Engineer's Opinion of Probable Construction Costs and Bid Schedule. Kimley-Horn will work with the City during the design process to determine preferred bid items and units. • Provide Design Memo outlining assumptions and questions to be discussed at each design submittal stage. • Quality Assurance/Quality Control (QA/QC) and constructability review Deliverables: 60%/90% Design submittals — PDFs and ACAD base file of Plans, Specifications, and Engineer's Opinion of Probable Construction Cost. Word document of Design Memo, Excel File of EOPCC including quantity take offs, Principal signed QC statement confirming review and approval of deliverables. Bid -Ready PS&E — PDFs and ACAD base file of Plans, Specifications, and Engineer's Opinion of Probable Construction Costs, ACAD base file, Word Documents of Specifications and Excel file of EOPCC including quantity take offs, Principal signed QC statement confirming review and approval of deliverables. TASK 700. Community Engagement Services Kimley-Horn will provide community engagement services for the first year design as outlined below: February 2024 — February 2025 Community Engagement project management: Internal and external coordination o Attend up to 3 coordination meetings with City of Edmonds o Attend up to 3 internal coordination meetings Stakeholder Meetings: Schedule and facilitate one-on-one meetings with property owners/stakeholders to gauge willingness to grant construction permits, easements and permission for geotechnical explorations. o Stakeholder research o Initial contact via certified mail o Assist with property easement discussions (4 properties) ■ 17232 Sea Lawn Place ■ 17170 Sea Lawn Drive ■ 17161 Sea Lawn Drive ■ 7469 174th St SW o Obtain permission for geotechnical work (1 property) ■ Vacant lot next to 17232 Sea Lawn Place Packet Pg. 46 2.2.a Kimley»>Horn Page 9 o Outreach to residents regarding upcoming geotechnical borings in concrete paved drive (Public ROW containing narrow concrete road and private improvements extending into ROW) (2 properties) ■ 7527 172" d ST SW ■ 7517 172" d ST SW o Educate about the purpose of the project o Inform stakeholder about upcoming construction impacts o Prepare easement documentation using City's standard form Updates: Coordinate with stakeholders to answer project specific questions o Email o Phone • Documentation: Prepare documentation of outreach efforts, inquiries and feedback TASK 800. Post Design Services Kimley-Horn will assist the City with bidding by answering bidder questions and issuing addenda as necessary. The budget for this task assumes up to two (2) addenda issued. Kimley-Horn will also prepare project as -built drawings. Assumptions: The City will advertise the project for bid, upload bid -ready documents to bidding websites, conduct the bid opening and prepare the bid tabulation. Kimley-Horn will not charge for work to prepare addenda if needed to correct or verify errors or omissions in the final plans and specifications. The City will provide inspector and contractor redlines for Kimley-Horn's use to prepare the project as -built drawings. Deliverables: Addenda in PDF, As-builts in PDF and ACAD base file TASK 900. Management Reserve A management reserve of approximately 10% of Kimley-Horn fees is included to allow for additional services not included in this scope of work that may arise over the course of the project. The management reserve tasks are not to be used unless authorized by the City in writing. Additional allowance tasks are included under outside services to allow for: Vactor potholing during design by APS Testing of contaminated soils if encountered during geotechnical explorations by HWA Packet Pg. 47 2.2.a Kimley>»Horn R'1113:I=1IIIIA4 Below is an approximate schedule for the services included in this contract Notice to Proceed January 2024 Locate Services (APS) January/February 2024 Survey Services (DHA) January — March 2024 Preliminary Design January — April 2024 Community Engagement February 2024 — February 2025 City Review April/May 2024 Plan -in -Hand Site Walk -Through with City May 2024 Geotechnical Engineering Services May — July 2024 60% Design May — July 2024 City Review July/August 2024 Design Potholing (if Required) September 2024 90% Design August — October 2024 City Review November — December 2024 Bid -Ready PS&E December 2024 — January 2025 Bid Advertisement February 2025 Bid Opening March 2025 Page 10 w a Packet Pg. 48 2.2.a Kimley»>Horn BUDGET SUMMARY Page 11 Kimley-Horn will perform the services in Tasks 100, 200, and 600 — 900 on a labor fee plus expense basis with the maximum labor fee shown below. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then -current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, and other direct expenses will be billed at 1.10 times cost. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley- Horn to advance any such project fees on the Client's behalf, an invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client. TASK 100. Project Management and Coordination $32,900 TASK 200. Preliminary Design Services — Phase 15 & 16 $74,900 TASK 600. Final Design Services — Phase 15 $117,000 TASK 700. Community Engagement Services — Year 1 $17,900 TASK 800. Post Design Services $7,700 Kimley-Horn Labor Fee $250,400 TASK 300. APS — Locate Services Subconsultant Fee $21,800 TASK 400. DHA — Survey Subconsultant Fee $100,800 TASK 500. HWA — Geotechnical Engineering Services Fee $100,300 Outside Services Fee $222,900 TASK 300. Vactor Potholing Subconsultant (APS Allowance) $17,300 TASK 500. Contaminated Soils Testing Subconsultant (HWA Allowance) $11,000 TASK 900. Management Reserve (Kimley-Horn Allowance) $28,700 Management Reserve/Allowances* $57,000 Expenses $2,800 TOTAL: $533,100 *The management reserve/allowance tasks are not to be used unless authorized by the City in writing Packet Pg. 49 2.2.a Kimley>»Horn WXOXIIIIIb9EeP►6III-INI'i111111Ml21111EeP►W Page 12 Any other services, including but not limited to the following, are not included in this Agreement but can be added through a contract modification. • Shoring design • Bypass design • Cathodic protection design • Record of Survey services • Structural engineering • Environmental engineering • Traffic Control Plans for construction of water main • Permitting for construction of water main • Construction phase services • Construction funding applications • Clean Air permitting w a Packet Pg. 50 2.2.a Exhibit B - Cost Proposal Summary City of Edmonds Phase 15 Waterline Replacement January 3, 2024 (Costs Rounded to the Nearest $1.00) DIRECT LABOR Estimated Hourly Labor Classification Hours Rate Costs Principal/Sr. PM 162 $265.00 $ 42,930 Sr. Professional 218 $250.00 $ 54,500 Professional 398 $215.00 $ 85,570 Analyst 318 $190.00 $ 60,420 Admin Support 1 28 $165.00 $ 4,620 Admin Support 11 20 $115.00 $ 2,300 SUBTOTAL KIMLEY-HORN LABOR 1,144 Subtotal Labor $ 250,400 MANAGEMENT RESERVE KIMLEY-HORN LABOR 132 Reserve Labor $ 28,700 TOTAL KIMLEY-HORN LABOR 1,276 Total Labor $ 279,100 DIRECT EXPENSES TOTAL DIRECT EXPENSES $ 2,800 OUTSIDE SERVICES (includes 10% markup) Locates (APS) $ 21,800 Survey (DHA) $ 100,800 Geotechnical (HWA) $ 100,300 Vactor Potholing Allowance (APS) $ 17,300 Contaminated Soil Testing Allowance (HWA) $ 11,000 TOTAL OUTSIDE SERVICES $ 251,200 Total Direct Labor $ 279,100 Total Direct Expenses $ 2,800 Total Outside Services $ 251,200 TOTAL BASE COST (NOT TO EXCEED) $ 533,100 Additional Services Direct Labor N/A Additional Services Outside Services N/A TOTAL ADDITIONAL SERVICES COST (NTE) $ 0 TOTAL PROPOSAL (NTE) $ 533,100 :� Page 1 Packet Pg. 51 2.2.a Exhibit B - Derivation of Hours City of Edmonds Phase 15 Waterline Replacement January 3, 2024 Task Descri Principal / PM Sr. Professional professional Analyst Admin Support I Admin Support II Total H. Task 100 - Project Management and Coordination 101 Kickoff Meetinq 2 4 6 102 Coordination with City 18 18 103 Internal Project Meetings, Team Management and Scheduling 12 12 12 36 104 Budget Control and Invoicing 12 24 36 105 Coordination with Subconsultants 8 16 24 106 Review Meetings with City (3 meetings up to 2 hrs each) and issue minutes 6 12 18 0 Task 100 Totals 58 44 12 0 24 0 138 Task 200 - Preliminary Design Services - Phase 15 & 16 Sites 201 Data Collection/Asbuilt Review 2 4 8 14 202 Site Visit to Review Survey 12 12 24 203 Preliminary Design Alignment Plans 4 24 120 148 204 Planning Level Engineer's Opinion of Probable Construction Costs 2 8 16 60 86 205 Technical Memo Outlining Trenchless Construction Options 2 8 16 1 27 206 Preliminary Design Memo 2 4 1 1 7 207 CA/QC Preliminary Design 8 8 208 Plan -In -Hand Walk Through with City 12 12 24 0 Task 200 Totals 30 70 176 60 0 2 338 Task 300 - Locate Services ::::=Appli,cl Professional Services (APS) - see outside services costs 0 Task 300 Totals 0 0 0 0 0 0 0 Task 400 - Survey Services 401 Duane Hartman & Associates, Inc (DHA) -see outside services costs 0 Task 400 Totals 0 0 0 0 0 0 0 Task 500 - Geotechnical Engineering Services 501 IHWA Geosciences (HWA) -see outside services costs 0 Task 500 Totals 0 0 0 0 0 0 0 Task 600 - Final Design Services - Phase 15 Sites 601 60% Design Plans 8 16 60 80 164 602 60% Project Specifications 2 8 20 8 38 603 60% Engineers Opinion of Probable Construction Cost 1 4 8 24 37 604 60% Design Memo 1 2 2 5 605 QAJQC 60% Design 16 1 1 16 606 90% Design Plans 6 8 32 40 86 607 90% Project Specifications 2 8 20 6 36 608 90% Engineer's Opinion of Probable Construction Cost 1 2 6 20 1 29 609 90% Design Memo 1 2 2 5 610 Traffic Control Plans - none anticipated in Phase 15 0 611 CA/CC 90% Design 16 16 612 Bid -Ready Design Plans 2 4 20 32 58 613 Bid -Ready Project Specifications 1 4 12 4 21 614 Bid -Ready Engineer's Opinion of Probable Construction Cost 1 2 4 16 23 615 CA/QC Bid -Ready Design 16 1 16 0 Task 600 Totals 74 60 186 212 0 18 550 Task 700 - Community Engagement Services 701 En a ement Management 6 6 12 702 Stakeholder Meetings 20 24 44 703 Updates 6 6 4 16 704 Documentation 2 10 12 0 Task 700 Totals 0 34 0 46 4 0 84 Task 800 - Post Design Services 801 Answer Bidder Questions 4 4 802 Issue u to two 2 Addenda 4 8 12 803 Prepare As-Builts based on Inspector/Contractor Provided Redlines 2 16 18 0 Task 800 Totals 0 10 24 0 0 0 34 SUBTOTAL W10 MANAGEMENT RESERVE 162 218 398 318 28 20 1144 Task 900 - Management Reserve (Allowance) 901 Additional Items of Requested Work Not Included in Other Tasks 8 32 44 48 132 Task 900 Totals 8 32 44 48 0 0 132 TOTALS 170 250 1 442 1 366 28 20 1276 Principal / Sr. professional Analyst Admin Support Admin Support Classification Sr. PM Professional 1 II $ 265.00 $ 250.00 $ 215.00 $ 190.00 $ 165.00 $ 115.00 Rate $1,530.00 $4,770.00 $8,760.00 $7,140.00 $6,120.00 $4,590.00 $0.00 $32,900.00 $3,250.00 $5,580.00 $32,860.00 $17,370.00 $6,085.00 $1,475.00 $2,120.00 $6,180.00 $0.00 $74,900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $34,220.00 $7,750.00 $7,545.00 $1,195.00 $4,240.00 $18,070.00 $7,520.00 $5,855.00 $1,195.00 $0.00 $4,240.00 $11,910.00 $4,305.00 $4,665.00 $4,240.00 $0.00 $117,000.00 $2,640.00 $9,560.00 $3,300.00 $2,400.00 $0.00 $17,900.00 $1,000.00 $2,720.00 $3,940.00 $0.00 $7,700.00 $28,700.00 $0.00 $28,700.00 $279,100.00 Q Page 2 Packet Pg. 52 2.2.a Exhibit B - Direct Expenses City of Edmonds Phase 15 Waterline Replacement January 3, 2024 (Costs Rounded to the Nearest $1.00) MILEAGE Location No. of Trips Miles Total Miles Meeting/Site Visit 3 40 120 0 Total Miles 120 Total Cost at $ 0.66 per mile REPRODUCTIONS $ 79 Type Amount Unit Cost Total Cost Plotting and sheet preparation 230 $ 10.00 $ 2,300 Photocopy (8 1 /2" x 11 ") 2000 $ 0.05 $ 100 Photocopy (11" x 17") 0 $ 0.15 $ 0 Displays (24" x 36") 0 $ 80.00 $ 0 Mylars 0 $ 14.00 $ 0 Total Reproductions $ 2,400 OUTREACH - to be included in future phase Misc. Printed Materials Certified Mail Total Estimated Outreach Costs TOTAL DIRECT EXPENSES Amount Unit Cost Total Cost 1 $ 250.00 $ 250 5 $ 10.00 $ 50 $ 300 $ 2,779 Page 3 Packet Pg. 53 Exhibit C - Project Sites City of Edmonds Phase 15 Waterline Replacement 2.2.a lanuary 3, 2024 Site Pipe ID Material Location Easement Needed WSDOT Coordination Existing Diameter Length Prev Design Target Construction Total LF WM2917 Cl 172nd St SW - W end to 72nd Ave W No No 6 734 Survey WM2978 Cl 72nd AVE w - 174th to 172nd (w/CIP 24) No No 6 680 Survey WM2597 Cl 173rd St SW - 73rd Ave W to 72nd Ave W No No 6 315 Survey Meadowdale WM1681 Cl 73rd Ave W - 173rd St SW to 7469 174th St SW Yes No 4 450 WM2934 Cl 174th - 72nd Ave W to 71st Ave W No No 6 306 Survey WM2932 Cl 174th - 71st to Meadowdale Beach Rd (w/CIP 66) No No 6 1266 Survey WM1695 DI Meadowdale Beach Rd to Olympic View Dr No No 6 38 Survey Phase 15: WM1672 Cl 179th St SW - W end to 74th Ave W No No 4 94 No 2025 5514 WM1673 Cl 179th St SW - across 74th Ave W No No 6 81 No WM85 Cl 73rd PI W No No 4 180 No 179th WM2424 Cl 179th St SW - 74th Ave W to 72nd Ave W No No 6 744 No WM1541 Cl 72nd Ave W - 179 to 179 No No 6 60 No WM2639 Cl 179th St SW - 72nd Ave W to 1-13-40 No No 6 315 No WM2640 Cl 179th St SW - 1-13-40 to end No No 4 250 No WM61 Cl Talbot Rd to Sea Lawn PI No No 6 45 No WM61 Cl Sea Lawn PI No No 4 268 No New Pipe Connect Sea Lawn Dr. to Sea Lawn Pl. Yes No 300 No WM2641 Cl Sea Lawn Dr W end to hyd No No 4 160 No Sea Lawn WM2607 Cl Sea Lawn Dr hyd to 171st St SW No No 6 552 WM1618 Cl 171st St SW -Talbot Rd. to 77th PI W No No 8 394 No Phase 16: WM2892 Cl 171st St SW - 77th PI W to 76th Ave W No No 8 553 No 2026 4749 WM2894 Cl 76th Ave W - 171st St SW to 173rd St SW No No 6 668 No WM1811 Cl Sunset Ave S. - Main St to James St No Yes 8 418 No WM1560 Cl Sunset Ave S. - James St to Dayton (CIP125) No Yes 8 644 No Downtown WM2007 DI Dayton St. - Sunset Ave S to 2nd Ave S No Yes 8 379 No WM1822 Cl Dayton St. 2nd Ave S to 3rd Ave S No No 8 368 No Packet Pg. 54 l 7 r + t • • 1 . ® 14%'P — / -- , =e+►` 05 Irt,u` : 170TH PL SW • LU 1 .• t ) ' I > .3 i� c Y71SI�STSW 4* ti ��, L <f - 1 /�iu i • •1� — A E= 172ND S r,W • • :• x Jr �. r Z w 4 KD STSW — -tt4l 0,60 rf ^�' u � 4 n� *- • I� � � - Vie, '� • . t 'il __z +�.: r -- - � � o ou all �� '1<S "s -.ma's ,�'• .- �`y.'. II niwv _1 IL --J •J-. �1 - 1 �'p - Alk �• -.'' '� .+1-A * a '' a { ,. • it _s - �- '� ■ e �a*• s ,ko vv �yiyl l` Va . ��'� 1 -,— -- --•5 � 1 t � fit, F �` _�L ��� S75W�•� •7iTHPLSVVr 1 — '_ Imp- 180 '.1 •_ t •� •/ P�tIHSTSvIf r-^•�'1THSTSIA�•i--L �Sw.- J e er W-4 L t • l ftasirra! JAI 180TH ST SW �A .. , _ • i r. C ` w16 J LO • S faTs: . Y " 1• - F I � ',� � �'e Y `�� .?v 4y r .. '� ♦ � � e• r � n �' � ` '7r fL F * _ ir-' 1. ,' �.._�r�x^., v`t 4`cy�' .•,/p� � i _ !I i �� `+11F/OII"1,L SVV 4l �• 9» �:a! i �� 1 • .� .--�-�•?.` � r o]. � � � � CL . � +Y;I.�,} _ • s. tRr.r(;: t!•:y.}I..,n:i_ li ° • . `� IT --4. "$ I Z ,+► s • • IN LM kc • M r Y �y .mow' - d r lire `�!t'dai: r >vs �. r - .yr ` - `� r 1//THFL 7� ,:oeq'J•j ` • '"CMS * • �.. :i. ` 1•iJ` k A ^T, f _( d j s S�'y%+.i Eil: 1 �Y�14`' ` • A 'I 'ti`-41� �w �c`�� .�7'E � +73THPLSVIj-�- Q�SW 1 1• t`r##!!. �YY�-"" r�Si.i► - _2yl�j� ►' Ht. �- . s r - ,fj/� _ ,. • . , f' I -wv 3 -I • _ - -� �--�� •!. Ap(` ,�+� 79I ".�•' '.7Frt.�rrr' .�'i` .r' _ -pia 'f-fir _ - - .� -t; _ _�.—I— .,ui'�� i.-«_1 f Ot TA _ • r f u. �• - �'_, -. 1801H S I SW 71TM S a• 1FTS1Ao —�L S ; p ��, 4 • ,i' i Y _ s - ems'. 1/,((, Y s'IA1S7 PL SNl �9i -. ,�J• - _, • __ <- F, q,, ` @ �t, m 1815TSTSVJ 1815T , r. sp 1 .'�' 1 11 ` • 18 15 1 rL �Yv • ' ;� -ta J 181ST PLUS tc' •" wit -.e: Gi,} ~ ��i t 182NDSTS -F r • e > • f� !' i • " ■ .. Fr- i .:• '� ,DST r -� } 01inv !1 183RD STSW'' 'ei. !. <-- a��'� • c b� Q� 183RD PL 4, ft. hL I ,•j'� .. .- �a 183RD PL SW 3 Lu 1 f - _ 1 'Its 185TH ST OIL, �'`• - - 185TH STSW An I _Q i } K... r /�: / tiST `.•. '' 3 -a > ,, • 'i%Ir 185TH PL SW cI F iT_- Ig6TN ST$ 1 ,__- City of Edmonds Sea Lawn Sites I 2.2.a I O 252.6 0 126.30 252.6 Feet I 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 WGS_1984_Web _Mercator_Auxiliary_Sphere -- - --- �- --- --�- - --- -- --�-- -- -- -� - © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend Hydrants « Edmonds « Other PRV Valves 0 OPEN CLOSED Blowoffs AirVac Fittings ■ COUPLING BURIED VALVE p DOMESTIC n OVERLAP JE ALTITUDE VALVE ❑ Fireline Meter Water Mains Edmonds Private :�e1T�9�7�[hF'7F7►[�7►t�l�l'�I�ll���� C ArcSDE.GIS.zNON CITY LINES — — p .2 ArcSDE.GIS.WATER_SERVICE_B CU Edmonds Water N Olympic View Water; Olympic Vie d Olympic View Water (Woodway) y a_ ArcSDE.GIS.STREET_CENTERLIN + — <all other values, d 1 d 2 5; 4 Q 9;71;7;8 Sections Boundary y Sections E Edmonds Boundary ArcSDE.GIS.PROPERTY_BUILDIP Q ArcSDE.GIS.STREET_CENTERLIN d 1: 1,516 Dotes Q Packet Pg. 57 1 ,__- City of Edmonds Downtown Sites I 2.2.a I 505.2 0 252.60 505.2 Feet I 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 WGS_1984_Web _Mercator_Auxiliary_Sphere -- - --- �- --- --�- - --- -- --�-- -- -- -� - © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend Hydrants « Edmonds « Other PRV Valves 0 OPEN CLOSED Blowoffs AirVac Fittings ■ COUPLING BURIED VALVE p DOMESTIC n OVERLAP JE ALTITUDE VALVE ❑ Fireline Meter Water Mains Edmonds Private :�e1T�9�7�[hF'7F7►[�7►t�l�l'�I�ll���� C ArcSDE.GIS.zNON CITY LINES — — p .2 ArcSDE.GIS.WATER_SERVICE_B CU Edmonds Water N Olympic View Water; Olympic Vie d Olympic View Water (Woodway) y a_ ArcSDE.GIS.STREET_CENTERLIN + — <all other values, d 1 d 2 5; 4 Q 9;71;7;8 State Highways y <all other values> E t 0 U _ 1 Q 2 ++ C d 1: 3,031 Dotes Q Packet Pg. 58 1 Phase 15116 (2025126) Water Replacement Project Site 8 Phase 15/16 Water Replacement I171st St SW at Talbot Rd to 76th Ave W 76th Ave W at 171st St SW to 173rd St SW. ISea Lawn PI at Talbot Rd to End Sea Lawn Dr at 171 st St SW to End Connection of Sea Lawn PI and Sea Lawn Dr W End of 172nd St SW to 72nd Ave W 72 Ave W to 174th St SW 174th ST SW at 72nd Ave W to Meadowdale Beach I W End of 174th St SW to 73rd Ave W 73rd Ave W at 174th St SW to 173 St Sw 173rd St SW att 73rd Ave W to 72nd Ave W ISunset Ave S at Main St. to Dayton .Davton St. at Sunset Ave S to 3rd Ave S End of 179th St to E End rdPIW Packet Pg. 59 r 2.3 City Council Agenda Item Meeting Date: 01/9/2024 Public Safety Building Solar project Professional Services Agreement and Power of Attorney Staff Lead: Thom Sullivan, Facilities Manager - Department of Public Works Department: Public Works & Utilities Preparer: Royce Napolitino Background/History February 2022 - City Council accepted the State of Washington's Department of Commerce Energy Retrofit Grant for Public Buildings. This matching grant provides a share of the construction and installation of a proposed 100kW solar plant on the West Roof of the Public Safety Complex. Edmonds worked with McKinstry Company as their ESCO (Energy Services Company) consultant to apply for and secure the grant funding. The grant award of $119,645 amounts to 25-30% of the total cost of the proposed project. Staff Recommendation Place on Consent Agenda- entrance into PSA with Ryan LLC for consulting services and authorize Mayor to Sign Power of Attorney on behalf of City to authorize application for Federal Inflation Reduction Act funding. Narrative The Public Safety Solar project is at substantial completion and accessing funding reimbursement from the Federal Inflation Reduction Act is pending. This process is intricate and the City as well as DES (Commerce Energy Programs) do not have prior experience accessing this funding. The City has interviewed a qualified consultant along with Sharon Cates to vet the process and need for consulting. The consulting/application fee is $15,000 which will be covered by projected Inflation Reduction Act reimbursement (estimate $175,000.00) and project contingency. PSA is in Director Antillon's spending authorization for signing. Attachments: DRAFT Ryan, LLC Professional Services Agreement 12.21.2023 City of Edmonds PSB IRA Energy Related EL 12-14-2023 f2848-RyanITC-Blank POA v2 Packet Pg. 60 2.3.a CITY OF EDMONDS MIKE ROSEN 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Ryan, LLC, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide federal tax consulting services relating to the City's Public Safety Building Solar Project (the "Project") and potential tax credits/incentives associated therewith; 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 A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00). 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 (3) 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. 61 2.3.a 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. 62 2.3.a 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 Coverage 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. 63 2.3.a 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 and the Scope of Work and fee schedule attached hereto as Exhibit A. 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, 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 assure quality of Packet Pg. 64 2.3.a 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 N Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Ryan, LLC Attn: Chairman and CEO Three Galleria Tower 13155 Noel Road, Suite 100 Dallas, TX 75240 With a copy to: Attn: Chief Legal Officer at the same address With email copies to: chairmanAryan.com and le2al.notices(&,ryan.com 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 CITY OF EDMONDS Oscar Antillon, Director Public Works and Utilities Department APPROVED AS TO FORM: Office of the City Attorney 2024. RYAN,LLC Andy Hammons, Principal Packet Pg. 65 2.3.a STATE OF TEXAS ) )ss COUNTY OF DALLAS ) On this day of 2024, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Andy Hammons, Principal for Ryan, LLC, 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. 66 2.3.b Ryan#. Three Galleria Tower 13155 Noel Road Suite 100 Dallas, TX 75240 Tel. 972.934.0022 Fax 972.960.0613 www.ryan.com December 14, 2023 Mr. Thom Sullivan City of Edmonds 121 5th Ave N Edmonds, WA 98020 Re: Federal Income Tax Consulting Services for IRA Energy -Related Credits & Deductions Dear Mr. Thom Sullivan: Thank you very much for the opportunity to provide federal income tax consulting services to City of Edmonds ("Client"). As discussed, this letter (the "Agreement") outlines the terms and conditions of our engagement. ENGAGEMENT SCOPE M N O N Ryan, LLC ("Ryan") will conduct a federal income tax review of Client's properties with potential le energy tax incentive benefit for all open tax years at the time of execution of this engagement. Tax N consulting will generally include Energy Related Credits & Deduction from the Inflation _J Reduction Act of 2022 (IRA), amended, including but not limited to §§ 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E, and 179D of the Internal Revenue Code. This engagement with Client is intended to be specifically for: • City of Edmonds Public Safety Building Solar Project located at 250 51 Ave. N. Edmonds, WA 98020 with an estimated project value of roughly $685,000. Ryan will identify, qualify, quantify, and support Client's claim for energy tax credits and/or applicable bonus deductions. Ryan will prepare and provide: • Pre -File § 6417 Registration: Whether transferring the tax benefit or using direct -pay, the ITC option requires pre -filing registration with the Federal Register before filing the tax return. Ryan LLC will assist the client with paperwork and the client will receive a registration number for each specific property. This process requires a Form 2848 Power of Attorney on behalf of the developer -owner of the energy property. • Tax Credit Report: All necessary pro -forma forms that Client and/or tax preparer can file with the IRS on a tax return (excluding any tax return prep or tax compliance itself on Packet Pg. 67 2.3.b Mr. Thom Sullivan City of Edmonds PSB December 14, 2023 Page 2 of 5 behalf of client) and a complete report summarizing analysis, findings, and the steps needed to realize any savings identified. This report will include audit ready documentation summary and analysis that can be utilized during an IRS field exam. • Out of Scope Tax Research: As needed tax research on concept and design of intended building and/or energy properties conceived by the Client and their design team; All Ryan services will be fully integrated to minimize any business disruptions to Client and maximize and sustain overall cash benefits. Prior to work commencement, Ryan will confirm in writing with Client the specific properties for which Client desires to be included in the scope of this agreement. Properties may be added to the scope of this agreement via written communication to Ryan throughout the course of the engagement. Our classifications regarding energy or energy -efficient properties will be based upon our o understanding of Client's business operations, the Internal Revenue Code, related regulations, y Revenue Rulings and Revenue Procedures, court decisions, general construction & engineering o knowledge, and other guidance related to the Energy Act 2005 and Inflation Reduction Act 2022 a (IRA 2022) for 2023 and beyond projects. N O ENGAGEMENT TERM N This Agreement will commence upon the execution hereof, and it will remain in effect until terminated. Either parry may elect to terminate this Agreement without cause at any time upon LU providing the other party with thirty (30) days written notice. If Client elects to terminate this Agreement, Client will be responsible for fees and services rendered and reasonable expenses incurred up to the date of termination. > RESPONSIBILITIES All services will be conducted under the supervision of Mr. Andy Hammons, Principal, who serves as Client Principal for Client. Mr. Ian Boccaccio, Principal, will serve as the Engagement Principal for this project. Mr. Scott Stogsdill, Director, will serve as the Project Manager for this engagement and will be responsible for staffing, project coordination, technical direction, and related issues. Additionally, throughout the course of this engagement, we will make every effort to arrange and schedule all work to avoid interruption of Client's normal business operations. Ryan may contract with outside resources with recognized expertise, as needed. With the exception of the fee arrangement described below, any subcontractors shall be bound by all terms and conditions of this Agreement, including but not limited to, all obligations of confidentiality. Packet Pg. 68 2.3.b Mr. Thom Sullivan City of Edmonds PSB December 14, 2023 Page 3 of 5 COMPENSATION Ryan's fee for Implementation will be calculated as follows: • Pre -File § 6417 Registration: $5,000 Fixed -Fee • Tax Credit Report: 10,000 Fixed -Fee • Out of Scope Tax Research: $435 per hour Out of Scope or other tax research or analysis not related specifically to the scope above (including specifically preconcept, concept, and design research or analysis) to maximize the credit, will be at the blended rate of $435 for Ryan professionals, plus expenses. Hourly billing rates are subject to change upon thirty (30) days prior notice. Ryan may increase its hourly rates from time to time by publication of a new rate table, which shall occur no more frequently than once every twelve (12) months. The publication of a new rate table shall override Ryan's existing hourly rates, including rates that have been calculated by applying an annual percentage increase. All fixed and hourly fee rates shall automatically increase by three percent (3%) effective every January 1. These fees are in no way contingent upon IRS or taxing authority action or inaction. Fees will be earned and invoiced at the time Ryan delivers all work product required for Implementation, at which time Client will be deemed to have realized the benefit associated with implemented Recommendations delivered through Ryan's work product. All invoices are due and payable in full within thirty (30) days. Client agrees to pay interest of one and one-half percent (11/2%) per month on any past due fees. Client further agrees to pay all costs of collection, including, but not limited to, any collection agency or attorneys' fees, incurred by Ryan in connection with fees more than sixty (60) days past due. Ryan's preferred method of payment is via electronic funds transfers ("EFT"), and EFT instructions will be provided to Client on each invoice. In the event Client is unable to remit payment via EFT, Ryan will accept checks, credit cards, or purchasing cards; however, if payment is made using a credit card or purchasing card, Client authorizes Ryan to add a processing fee to the payment. Such processing fee is currently three percent (3%) of the payment amount and is subject to change upon thirty (30) days prior notice. Ryan and Client shall abide by the rules of the National Automated Clearing House Association (or other similar local regulator) and the banking laws of the United States (or other applicable jurisdiction) when performing EFT (or similar electronic payment) transactions. NOTICE Any notice to be given under this Agreement shall be given in writing and may be made by personal delivery or hand delivery by courier, by overnight reputable national courier, or by Packet Pg. 69 2.3.b Mr. Thom Sullivan City of Edmonds PSB December 14, 2023 Page 4 of 5 placing such in the United States certified mail, return receipt requested. Notices to Client should be sent to the address indicated on the first page of this Agreement and notices to Ryan should be addressed as follows: Ryan, LLC Three Galleria Tower 13155 Noel Road Suite 100 Dallas, Texas 75240 Attn: Chairman and CEO With a copy to: Attn: Chief Legal Officer at the same address With email copies to: chairman@ryan.com and legal.notices@ryan.com DELIVERY OF SERVICES Client agrees to provide access to all necessary documents, supporting workpapers, policies, and a personnel that may facilitate our review and recommendations with respect to this engagement. M Ryan is entitled to assume without independent verification the accuracy of all representations, o assumptions, information, and data provided by Client. N Neither Ryan nor any of its employees will provide any legal or accounting services to Client in connection with this engagement. Neither Ryan nor any employee of Ryan will serve in a w representative capacity on behalf of Client before the Internal Revenue Service ("IRS"), nor will Ryan or any employee of Ryan obtain a power of attorney (on IRS Form 2848 or otherwise) authorizing Ryan or such employee to represent Client before the IRS. If it becomes necessary for Client to have a representative before the IRS or if it becomes necessary for Ryan to engage a party to provide professional services in support of Ryan's obligations under this Agreement, Ryan may, w at its option, engage a representative or such third party on behalf of Client to represent Client before the IRS or provide such professional services, as the case may be. Such engagement shall m (i) be at Ryan's expense, and (ii) be subject to Client's approval, provided that Client agrees not Cn IL to unreasonably withhold or condition such approval. Ryan will provide assistance to such representative, but such assistance shall be limited to providing the factual basis for the filing of c claims for refund and other tax returns filed by Client pursuant to this agreement and the E information supplied on such returns. w INTEGRITY AND CONFIDENTIALITY We guarantee that all matters associated with the professional services we render will be directed with the highest degree of professional integrity. Accordingly, all information that Client makes available to Ryan shall be considered confidential, proprietary information, and Ryan shall not Packet Pg. 70 2.3.b Mr. Thom Sullivan City of Edmonds PSB December 14, 2023 Page 5 of 5 disclose such information to any third party except as required in fulfilling duties described by this Agreement or to comply with an official order of a court of law. Additionally, Client agrees that Ryan's work product, including specific engagement procedures and techniques, constitutes proprietary and exclusive information, and Client further agrees not to disclose such information to any third party without obtaining prior written approval from Ryan. Additionally, Ryan's tax saving strategies constitute proprietary and exclusive information; provided, however, that notwithstanding the foregoing, Ryan does not limit Client's disclosure of the tax treatment or the tax structures of the transactions. This Agreement does not include information independently developed by Client, information previously known to Client, or information rightfully received by Client from a third parry without confidential limitations. LAW GOVERNING AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any dispute with respect to this Agreement shall reside in a court of competent jurisdiction in Dallas, Dallas County, Texas. ACKNOWLEDGMENT Thank you for the opportunity to assist you with this project. If the above terms and conditions meet with your approval, please sign and return a copy of this Agreement at your convenience. Upon acceptance, we will contact you to arrange a mutually acceptable time to begin our review. If you have any questions, or if you would like to discuss this Agreement further, please contact Mr. Ian Boccaccio at 860.985.3234. RYAN, LLC: Name: Andv Hammons Title: Principal Date: September 29 , 2023 CITY OF EDMONDS: in Name: Title: Date: Cl) N 0 N le N r Packet Pg. 71 Form 2848 Power of Attorney (Rev. January2018) and Declaration of Representative Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/Form2848 for instructions and the latest information. Power of Attorney Caution: A separate Form 2848 must be completed for each taxpayer. Form 2848 will not be honored for any purpose other than representation before the IRS. 1 Taxpayer information. Taxpayer must sign and date this form on page 2, line 7. Taxpayer name and address hereby appoints the following representative(s) as attorney(s)-in-fact: 2 Representative(s) must sign and date this form on page 2, Part 11. Taxpayer identification number(s) 2.3.c OMB No. 1545-0150 For IRS Use Only Received by: Name Telephone Function Date Daytime telephone number I Plan number (if applicable) Name and address CAF No. 0307-19410R Scott Stogsdill PTIN __________________ P02202160 ------------------- Three Galleria Tower, 13155 Noel Road, Suite 100 Telephone No. 469.399.4496 ---------------------------------------- Dallas, Texas 75240 Fax No. 972.960.0613 Check if to be sent copies of notices and communications ❑� Check if new: Address Telephone No. Z Fax No. Z Name and address CAF No. 0315-36579R Dane Ware PTIN __________________ P03014909 ------------------- Three Galleria Tower, 13155 Noel Road, Suite 100 Telephone No. 817.301.4461 ---------------------------------------- Dallas, Texas 75240 Fax No. Check if to be sent copies of notices and communications ❑� Check if new: Address ❑� Telephone No. ❑ Fax No. ❑ Name and address CAF No. PTI N Telephone No. Fax No. (Note: IRS sends notices and communications to only two representatives.) Check if new: Address ❑ Telephone No. ❑ Fax No. ❑ Name and address CAF No. PTI N Telephone No. Fax No. (Note: IRS sends notices and communications to only two representatives.) Check if new: Address ❑ Telephone No. ❑ Fax No. ❑ to represent the taxpayer before the Internal Revenue Service and perform the following acts: 3 Acts authorized (you are required to complete this line 3). With the exception of the acts described in line 5b, I authorize my representative(s) to receive and inspect my confidential tax information and to perform acts that I can perform with respect to the tax matters described below. For example, my representative(s) shall have the authority to sign any agreements, consents, or similar documents (see instructions for line 5a for authorizing a representative to sign a return). Description of Matter (Income, Employment, Payroll, Excise, Estate, Gift, Whistleblower, Practitioner Discipline, PLR, FOIA, Civil Penalty, Sec. 5000A Shared Responsibility Payment, Sec. 4980H Shared Responsibility Payment, etc.) (see instructions) Tax Form Number (1040, 941, 720, etc.) (if applicable) Year(s) or Period(s) (if applicable) (see instructions) 4 Specific use not recorded on Centralized Authorization File (CAF). If the power of attorney is for a specific use not recorded on CAF, check this box. See the instructions for Line 4. Specific Use Not Recorded on CAF . . . . . . . . . . . . . . . ► ❑ 5a Additional acts authorized. In addition to the acts listed on line 3 above, I authorize my representative(s) to perform the following acts (see instructions for line 5a for more information): ❑ Access my IRS records via an Intermediate Service Provider; ❑ Authorize disclosure to third parties; ❑ Substitute or add representative(s); ❑ Sign a return; ❑ Other acts authorized: For Privacy Act and Paperwork Reduction Act Notice, see the instructions. Cat. No. 11980J Form 2848 (Rev.1-2018) N Q O a c M m tU H c ca 00 00 N w r C d s t� ca Q Packet Pg. 72 Form 2848 (Rev. 1-2018) 2.3.c Page 2 Specific acts not authorized. My representative(s) is (are) not authorized to endorse or otherwise negotiate any check (including directing or accepting payment by any means, electronic or otherwise, into an account owned or controlled by the representative(s) or any firm or other entity with whom the representative(s) is (are) associated) issued by the government in respect of a federal tax liability. 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Signature Date Title (if applicable) Print Name Print name of taxpayer from line 1 if other than individual JIM Declaration of Representative Under penalties of perjury, by my signature below I declare that: • I am not currently suspended or disbarred from practice, or ineligible for practice, before the Internal Revenue Service; • I am subject to regulations contained in Circular 230 (31 CFR, Subtitle A, Part 10), as amended, governing practice before the Internal Revenue Service; • I am authorized to represent the taxpayer identified in Part I for the matter(s) specified there; and • I am one of the following: a Attorney —a member in good standing of the bar of the highest court of the jurisdiction shown below. b Certified Public Accountant —a holder of an active license to practice as a certified public accountant in the jurisdiction shown below c Enrolled Agent —enrolled as an agent by the Internal Revenue Service per the requirements of Circular 230. d Officer —a bona fide officer of the taxpayer organization. e Full -Time Employee —a full-time employee of the taxpayer. f Family Member —a member of the taxpayer's immediate family (spouse, parent, child, grandparent, grandchild, step-parent, step -child, brother, or sister). g Enrolled Actuary —enrolled as an actuary by the Joint Board for the Enrollment of Actuaries under 29 U.S.C. 1242 (the authority to practice before the Internal Revenue Service is limited by section 10.3(d) of Circular 230). h Unenrolled Return Preparer —Authority to practice before the IRS is limited. 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Signature Date a TX 24066152 N Q O a C M m U H C ca 00 le Co 04 c d E s t� ca Q For packet Pg. 73 2.4 City Council Agenda Item Meeting Date: 01/9/2024 Presentation of Supplemental LAG agreement with KPG Psomas, Inc. for the Main St Overlay Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 9, 2023, this item was presented to the Parks and Public Works Committee and it was forwarded to the consent agenda for approval. On May 23, 2023, this item was approved by City Council. Staff Recommendation Forward item to consent agenda for approval. Narrative On May 26, 2023, a contract was executed with KPG for design of the Main St Overlay project. The total amount payable for this contract was $125,114.44. The project consists of a full -width grind and pavement overlay along Main St from 6th Ave to 8th Ave. This project also includes upgrading all noncompliant ADA curb ramps within the project limits and evaluating the roadway section for potential installation of an eastbound bicycle lane. During the design, City engineering staff identified the need for additional professional services necessary to analyze and design a stormwater detention pipe to support the project. The fee for the additional design services is $20,224. The project is scheduled for construction in Summer, 2024 and will be funded by a combination of federal ($750,000 grant) and local funds. Attachments: Attachment 1 - Supplement Packet Pg. 74 2.4.a Washington State Department of Transportation Supplemental Agreement Organization and Address Number I KPG Psomas Inc. 3131 Elliott Ave, Ste 400 Original Agreement Number Seattle, WA 98121 LA10513 Phone: 206-286-1640 Project Number Execution Date Completion Date STBGUL-2512(010) 5/26/23 12/31/2024 Project Title New Maximum Amount Payable Main Street Overlay Project $145,338.44 Description of Work Main Street Overlay - Supplement to add design of drainage facilities to the contract The Local Agency of City of Edmonds desires to supplement the agreement entered in to with KPG Psomas, Inc and executed on 5/26/23 and identified as Agreement No. LA10513 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See attached 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: No change III Section V, PAYMENT, shall be amended as follows: See attached as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. LIM Consultant Signature Approving Authority Signature DOT Form 140-063 Revised 09/2005 Packet Pg. 75 2.4.a EXHIBIT A City of Edmonds Main Street Project Supplement 1— Storm Detention Improvements KPG Psomas, Inc. Scope of Work January 2024 This supplement is for the additional design and documentation efforts to address required stormwater detention within the project limits. The work will continue stormwater design and reporting efforts completed during the 30% design phase. Current City standards will be used for design and documentation requirements. The design elements will be incorporated into the existing project elements and the required submittals for the project. SCOPE OF WORK Task 1— 60% Design The Consultant will prepare 60% design, a draft Stormwater TIR, drainage plans, and an estimate. This work consists of: 1.1 Updating the previous stormwater memo to a full TIR 1.2 Designing stormwater detention to meet City stormwater requirements. 1.3 Preparing 60% drainage plans to include stormwater detention facilities. 1.4 Preliminary estimate of engineer's opinion of probable construction costs for stormwater elements of the project. Deliverables: 60% Plans and Estimate • Draft TIR Task 2 — 90% Design The Consultant will prepare a 90% design, drainage plans, and an estimate. This work consists of: 2.1 Address the 60% design comments consolidated and provided by the City. 2.2 Provide written responses to 60% comments. 2.3 Prepare 90% design drawings, specifications, and estimate. Deliverables: • 90% Plans, Specifications and Estimate • Response to 60% comments City of Edmonds Page 1 January 2024 Main Street Storm Detention Improvements — Supp 1 Packet Pg. 76 2.4.a EXHIBIT A Task 3 —100% Design The Consultant will prepare a 100% design, final Stormwater TIR, drainage plans, and an estimate. This work consists of 3.1 Address the 90% design comments consolidated and provided by the City. 3.2 Provide written responses to 90% of comments. 3.3 Prepare 100% design drawings, specifications, and estimate. 3.4 Prepare final Stormwater TIR Task 4 — Bid Submittal and Support This task includes providing bid ready documents and providing engineering support during bidding as requested by the City PM. Efforts under this task could include: 4.1 Prepare bid -ready design drawings, specifications, and estimate. 4.2 Provide up to 4 hours of support related to drainage design to respond to questions during the bidding process. nolivornhloc • Bid Ready Plans, Specifications and Estimate. • Responses to Bidder Questions City of Edmonds Page 2 January 2024 Main Street Storm Detention Improvements — Supp 1 Packet Pg. 77 2.4.a SUPPLEMENT #1 -STORM PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: KPG Psomas Inc. Project Number: Date: City of Edmonds Main St Overlay Project 9EDMO10100 1 /3/2024 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computions by Task c _ w d Cr) y c w ° a w m m U £ Q m .0 O c H y Q o p $290.00 $205.00 $166.00 $139.00 $179.00 $110.00 $98.00 Hours Totals Task 1 - 60% 60% Draft TIR 8 22 1 31 $ 4,496.00 60% Plans & Estimate 4 2 16 4 26 $ 4,092.00 60% QC 2 2 2 6 $ 1,020.00 Site walk 4 4 8 $ 1,220.00 Task Total 0 6 16 44 4 1 0 71 $ 10,828.00 Task 2 -90% Respond to comments 2 2 1 5 $ 720.00 90% Plans 2 6 8 $ 1,166.00 90% Specs & Estimate 8 3 11 $ 1,745.00 90% QC 1 1 1 3 $ 510.00 Task Total 0 1 13 12 0 1 0 27 $ 4,141.00 Task 3 - 100% Final TIR 2 6 1 9 $ 1,276.00 100% Plans & respond to comments 1 4 5 $ 722.00 100% Specs & Estimate 2 2 4 $ 610.00 100% QC 1 1 1 3 $ 510.00 Task Total 0 1 6 13 0 1 0 21 $ 3,118.00 Task 4 - Bid Submittal and Support Bid Ready PS&E 1 2 4 1 8 $ 1,203.00 Bidding Support 1 4 5 $ 869.00 0 $ 0 $ Total Labor Hours and Fee 0 10 41 73 4 4 0 132 $ 20,159.00 Subconsultants Subtotal $ - Administrative Charge (5%) $ Total Subconsultant Expense $ Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 65.00 Reproduction Allowance Total Reimbursable Expense $ 65.00 Management Reserve $ Total Estimated Budget $ 20,224.00 Packet Pg. 78 2.5 City Council Agenda Item Meeting Date: 01/9/2024 City of Edmonds Facility Condition Assessment update by Mckinstry Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History In 2017 the City of Edmonds commissioned Mckinstry to perform a two year Facility Condition Assessment report to supplement the previous FCA report performed by Cardno LLC in 2011 and 2012. Those findings were presented to Parks & Public Works and Finance Committees on 07-09-19 and to the full Council on 07-16-19. The current information being presented is an updated facilities inventory and a five year refresh of the data. Staff Recommendation Forward the Facility Condition Assessment Update to City Council's Full Agenda for presentation at future date. Narrative Facility Condition Assessments, or FCAs, provide facility condition and budget data for the repair and upkeep of facilities. An original assessment was performed by Cardno, with the FCA report delivered in 2011-12. In 2017, McKinstry furthered this work to accurately assess the condition of the City's building portfolio. Mckinstry completed their work to expand or update the previously gathered information and include Mechanical, Electrical and Plumbing systems to the scope of the report. This work included the introduction of a Facility Condition Index, 30 years capital renewal budget table and has been refreshed and updated after five years(2018-2023). The Facility Condition Index (FCI) score was determined by the Backlog of Maintenance and Repair methodology. This scoring model focuses on the correction of deficient building systems and those at or near end of useful life functionality. The Backlog of Maintenance and Repair method helps identify building system and budget requirements to focus capital renewal funds on functionality, condition and the ability of the facility to meet the current and future needs of the City. McKinstry's presentation includes: the current and 5-year FCI calculations; takeaways from the past five years, a recap of operating recommendations; additional capital projects; and funding opportunities. Attachments: 10.22 City of Edmonds 2022 FCA Update 8.8.23 Parks and Public Works Committee Presentation Packet Pg. 79 :r a ff try ife Of Your Building Packet Pg. 80 2.5.a irtstry ife Of Your Building 10/13/22 Thom Sullivan, Facilities Manager City of Edmonds 7110 210th St SW Edmonds WA 98026 Re: 2022 Update to Facility Condition Assessment - Revised Scope/Change Order Request Dear Thom, We are excited to continue to the City of Edmond's ongoing risk mitigation and capital planning needs through the performance of this Facility Condition Update to the City's existing asset inventory. The revised scope for the 2022 FCA update will: Provide FCA Update on -site field assessments of assets at City Hall and the Public Safety Building • Provide ADA assessments to identify potential access issues at City Hall and the Public Safety Building priority facilities. • Provide new FCA on -site field assessments of assets at 8 city park structures and the salmon hatchery facility. • Add and remove component data based on capital projects and new construction records • Update asset condition scores and life expectancies • Update all replacement cost estimates • Provide the City of Edmonds with an updated 30 Year Capital Plan. We have enjoyed our relationship with the City, and look forward to continuing to work with you. Sincerely, Grant Granger I Account Executive, Technical Services 206-456-4327 grantg@mckinstry.com 5005 3RD AVE. S. • SEATTLE, WA 98134. 206.762.3311 • MCKINSTRY.COM WA • MCKINE*982KG • EC MCKINEL881NZ • MCKINCL942DN • MCKINCL942DW • MCKINEL874CL • INDUSCG903KM Packet Pg. 81 2.5.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order Background McKinstry performed a comprehensive Facility Condition Assessment for the City of Edmonds in 2019 including capture of field data for all MEP equipment, architectural systems, and site equipment and amenities, and integration with industry data regarding equipment and facilities lifecycle and cost. The City has asked McKinstry to build upon this work to provide updated facility asset condition, lifecycle, and cost data to better guide your near and long-term capital planning efforts. Scope of Work As this is an update to the original 2019 FCA, we will target our assessment time by identifying updated equipment through capital project lists, stakeholder interviews and maintenance records. FACILITIES IN SCOPE Building Boys and Girls Club 6,856 Cemetery Building 759 City Hall** 34,074 Fishing Pier 1,200 Frances Anderson Center 55,000 Fire Station 16 10,700 Fire Station 17 9,800 Fire Station 20 6,400 Historic Log Cabin 372 Historical Museum 3,910 Library and Plaza Room 19,520 Meadowdale Club House 3,950 Old Public Works 14,100 Parks Maint. Building 4,868 Public Safety building** 30,940 Public Works O&M Center 28,000 Wade James Theater 6,289 Yost Pool House 4,664 Parks restroom structures (8 total)* —4,000 Hatchery Building* —1,500 * Locations proposed for first-time FCA site walk ** Locations proposed for FCA Update site walk and ADA Assessment SYSTEMS TO BE REVIEWED McKinstry's team of facility assessors will update the existing facility asset list to score and inventory building equipment and systems. • Heating System • Air Conditioning & Refrigeration System • Ventilation System • Roofing System CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER I 1 Packet Pg. 82 2.5.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order • Electrical System • Plumbing • Building Envelope • Structural Components • Site Paving • Lighting Systems • Commercial Kitchen High -Level systems: used for identification and tracking maintenance (Fencing, Flooring, Furniture/millwork, Playgrounds, Grounds, Fire/Life Safety/Security) DOCUMENTATION REVIEW, PROJECT PLANNING AND STAFF INTERVIEWS. The FCA team will review available documents to familiarize themselves with the facility and to verify the accuracy of information collected versus the data you already have. We will interview on -site occupants and maintenance staff to gather critical information on historic performance and known deficiencies. WALK-THROUGH SURVEY BY TEAM OF FIELD OBSERVERS McKinstry's facility assessors will perform site walks on two priority City of Edmonds facilities (City Hall and the Public Safety Building) to visually assess the condition of critical assets, with an emphasis on equipment that has been installed or updated in the period after the original 2019 assessment. Additionally, McKinstry assessors will perform site walks at the 9 total buildings not included in the original 2019 FCA, as noted above. ADA Assessment During our scheduled site walks at City Hall and the Public Safety Building, McKinstry's facility assessors will review each facility against a 24-point ADA accessibility checklist. Any deficiencies will be catalogued, with special site conditions noted. Site -by -site assessment findings will be included within the final deliverables provided to the City. NEW ASSET INVENTORY AND UPDATED SCORING For every new asset, the McKinstry team will add detailed asset information including make, model, size, and location. The assessors will then assign an asset condition score and life expectancy, as well as additional City - specific qualitative scores (Occupant Impact, Constituent Facing) included in our FCA approach. For previously existing assets, the McKinstry team will updated life expectancy and asset condition based on performance information provided by the City. COST ESTIMATING All components, including those not field -assessed during the update, will receive an updated cost estimate. McKinstry determines cost estimates using our experience in the market, our project history City of Edmonds and the city's historical financial reality. All costs are for like -for -like replacements. DELIVERABLES Equipment Inventory We will deliver a comprehensive equipment inventory with revised asset conditions, cost estimates and estimated life remaining for each piece of equipment. This Excel -based database can easily by uploaded into any asset or facility management software and used for bond planning. FCA Update Report and Presentation A Summary of key findings per category and facility type will be provided in both a narrative FCA Update report, as well as a presentation format. We have included in in the scope of this update one "key findings" CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER 12 Packet Pg. 83 2.5.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order presentation to the City of Edmonds facilities team and one executive presentation to the City Council or other identified stakeholder group.The final report will also include an ADA Assessment scorecard/findings for City Hall and the Public Safety Building. ADD/ALT: FACILITY CONDITION ASSESSMENT VISUALIZATION DASHBOARD McKinstry can further support the City's capital planning needs through additional analysis and public communication support. To make data even more actionable, McKinstry can provide access to our proprietary software tool ReveaIT" which enables visualization of collected facilities data. ReveaIT" is an online, interactive data visualization tool that gives decision makers the ability to navigate through their portfolio from top to bottom, plan multiple scenarios for funding and replacement, and communicate priorities and plans to stakeholders. Capital Planning Visualization Data visualization allows interaction with data and ensures your team can use the insights from an FCA to make decisions focused on reaching long-term goals. Our Reveal visualization tool enables you to sort by system and location for side -by -side system comparisons to aid in project prioritization and asset management. Figure 1— Visualize selected buildings and/or systems in the portfolio and compare across multiple parameters. Figure 3 — Align annual capital budget amounts with asset priorities to create actionable plans with specific assets. Figure 2 — See the expected capital needs for selected buildings and/or systems based on observed data. Figure 4 — Save the scenario to share with other users or export the asset list and data to .csv for use in third -party software. Training McKinstry will provide training specific to visualization, focused on development of scenario analyses and report generation. CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER 12 Packet Pg. 84 2.5.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order Data Ownership All data collected by McKinstry will be stored in a central database for use in capital planning. Data is owned by City of Edmonds and is transportable to any compatible format or application. The add/alt includes 5 years of customer updates and access to data within the visualization tool. Timeline and Staffing McKinstry will assign a dedicated facility condition assessor as program manager for the update. We understand the goal is to have the FCA Update completed by the end of 2022. We anticipate completing the project within four weeks of kick-off, with presentations to Edmonds board stakeholders to occur in Q12023. Completing the project in 2022 will be contingent upon resource availability and the timing of NTP from the City. Cost of Services McKinstry will offer the services listed in this proposal on a lump sum bases as listed below. ASSUMPTIONS City of Edmonds shall provide access to all available facility drawings, equipment data (including O&Ms), planned project information, and project history as requested. • Site access to any rooftop equipment to be provided by City of Edmonds • Work will be executed during normal business hours (6AM —4PM, M-F) • No repair work will be completed under this scope of work • Proposal does not include on -site field assessments of all City of Edmonds facilities. Additional sites beyond those budgeted can be accommodated via a formal change order request from the City. ADA Assessment does not include detailed recommendations for ADA compliance, budgetary costs for remediation, or prioritization of ADA compliance issues. We look forward to working again with you and the City of Edmonds team. ACCEPTANCE City of Edmonds McKinstry Essention, LLC Printed Name Date I Printed Name Date ature ture CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE -CHANGE ORDER 13 Packet Pg. 85 2.5.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order Terms and Conditions PERFORMANCE OF WORK McKinstry shall perform the scope of work ("Work") specified herein. McKinstry shall furnish all services necessary to perform the Work and perform the Work to completion diligently, expeditiously and with adequate forces. Customer shall use its best efforts to provide all information, materials, documents, and assistance that is reasonably required for McKinstry to perform any and all aspects of the Work. PAYMENTS Customer shall pay McKinstry the compensation specified herein ("Price") for the value of Work that McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within thirty (30) days of receiving an invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month on all sums overdue and unpaid from the date due. TERMINATION Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In such case, the rights and obligations of each Party that arose prior to the termination date shall survive such termination. DISPUTES In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute remains unresolved more than thirty (30) calendar days after the commencement of negotiation, and the Parties have not agreed to extend such date, then the Parties shall pursue mediation. If any dispute remains unresolved more than sixty (60) calendar days after the commencement of mediation, then either Party may pursue arbitration. No litigation will be commenced by either Party unless all of the foregoing steps have been pursued to completion. CHOICE OF LAW, VENUE The validity, interpretation, and performance of this agreement shall be governed by the laws of the state in which the Work is performed. The venue for resolving any dispute shall be the county in which the Work is performed. FORCE MAJEURE Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the Party's performance is prevented by an event or events that are beyond the control of such party, including but not limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear contamination, and/or acts or threats of terrorism. Notwithstanding any other provision(s) of this or any related agreement(s), if McKinstry's work is delayed, disrupted, suspended, or otherwise impacted as a direct or indirect result of COVID-19 (coronavirus), including, but not limited to, by (1) disruptions to material and/or equipment supply; (2) illness of McKinstry's workforce and/or unavailability of labor; (3) government quarantines, closures, or other mandates, restrictions, and/or directives; (4) owner or contractor restrictions and/or directives; and/or (5) fulfillment of McKinstry's contractual or legal health and safety obligations associated with COVID-19; then, McKinstry shall be entitled to a reasonable equitable adjustment to its scope, schedule, duration, and price to account for such delays, disruptions, suspensions, and impacts. CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE - CHANGE ORDER 14 Packet Pg. 86 2.5.a City of Edmonds 2022 Facility Condition Assessment Update - Change Order NO WAIVER No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver. DAMAGES LIMITATION Neither party shall be liable to the other party for any consequential, indirect, special, incidental, exemplary, or similar, damages or losses, including loss of profits, arising out of or relating to this agreement, whether based in contract or tort or any other theory, even if a party has been advised of the possibility of such damages. Furthermore, the total aggregate liability of either party, under any theory, is limited to the agreement price. INDEMNIFICATION McKinstry shall indemnify and hold harmless Customer from and against all third party claims, damages, losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property, directly arising from McKinstry's performance of the Work, but only to the extent caused by the negligent acts or omissions of McKinstry. SEVERABILITY, SURVIVAL If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation, or order, then such portion shall remain in effect only to the extent permitted, and the remaining portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted with an interpretation that most accurately reflects the Parties' intentions. AMENDMENT This agreement may not be amended except pursuant to a written amendment signed by an authorized signer of each Party. COMPLETE AGREEMENT This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or are inconsistent with the terms and conditions contained in the foregoing numbered list. All previous agreements between McKinstry and Customer as to the Work are superseded by this agreement. CONFIDENTIAL & PROPRIETARY I CITY OF EDMONDS 12022 FCA UPDATE - CHANGE ORDER Packet Pg. 87 "nstry ro m roes eenamy 44 -En City of Edmonds: FCA Updat e Key Findings Grant Granger I Mark Hood September 2023 IIII II IIV �i 2.5.b • From 1990s-2014 annual facility repair budget was—$68k/yr FGG70 • 2018 McKinstry FCA highlighted staffing and funding gaps. 30 year deferred capital backlog assessed at $30,682,192 1 2023 30 Year deferred capital backlog $44,162,802 • City responded by increasing annual maintenance/facilities to $100-300k annually • Annual Capital renewal investments increases began in 2019 • 2019 - $700k 1 2020 $1,500,000 1 2021 $710,000 1 2023 No new Capital investment • By 2021— Deferred maintenance short term estimated at $11M • 2021 Public Facilities District bond added $4.4M in Facilities Funding • Impactful, but still not enough to fully fund core deferred capital needs instr� Packet Pg. 89 2.5.b Slide 2 GGO Thom - please reconfirm the highlighted figures. If desired, you could help us talk through this slide Grant Granger, 2023-08-07T17:42:44.621 Packet Pg. 90 2.5.b Astrong facility condition assessment program helps de- mystify deferred maintenance challenges and empowers facility directors and capital planners to make data -driven decisions W STE 0 0 � •� Expected Rate of JLL Failure Actual Rate of Failure Time O0 d %..,o 14))) 01- instr� Packet Pg. 91 2.5.b Updating 2018 FCAand Expanding to new FacilityAssets • Provide on -site field assessments of assets at City Hall and Public Safety Building • Provide new FCA on -site field assessments of assets at 8 city park structures and salmon hatchery facility (113 new facility assets total) • Update all existing (2018) asset condition scores and life expectancies • Update all existing replacement cost Estimates (like -for -like replacements) • Provide City of Edmonds with updated report and 30-year Capital Plan 01- instr� Packet Pg. 92 2.5.b Preventative Maintenance - Routine maintenance items to preserve expected asset life or prevent system failure/downtime. (floor care, air and water filter changes, equipment lubrication, routine inspection, and = manufacturer prescribed maintenance to maintain warranty, etc.) Operational Maintenance - Daily maintenance to maintain business operational needs (routine cleaning and sanitizing, ADA access readiness, roof cleaning and leak repair, security and lock maintenance, building controls M programing and light duty repair of Plumbing Mechanical and Electrical systems, and life safety systems). Deferred Capital Investment - Maintenance and repair to building systems that are at or past industry expected life. These maintenance items are typically larger in scope and often require vendor support. Mechanical equipment replacement, Electrical panel replacement, plumbing fixture or equipment replacement (water heaters, pumps, life safety system repairs, etc. Capital Renewal/Replacement - Replacement of larger building systems that have failed, are requiring frequent > vendor support or no longer meet the business needs of the City. Elevator modernizations, Roof replacements, exterior envelope waterproofing and painting, complete system replacements or upgrades (i.e. replacing as a package; electrical panels, wiring, receptacles and lighting), complete fire alarm systems including panels, alarm ca devices, strobe lights and monitoring network). Re -plumbing of an entire building's water/sewer infrastructure, V including piping. bathroom and kitchen fixtures, sprinklers, etc. F mstry Packet Pg. 93 2.5.b Buildina Name NPV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is Boys and Gids Club 5744,157 $84,096 1 $123,203 $46,140 518,863 s0 53,032 SO $70,064 SO $42,095 $29,527 $21,723 533,190 516,132 50 Cemetery Building 5387,376 t3,591. $2,781 s4,857 51.176 s0 s78,489 52,559 $0 51,450 5996 SO 511690 5991 512,886 51,154 City Hall $5,360,241 $0 $0 51,385,756 s0 5293,961 515,070 5807,268 5328,907 5148,596 510,553 548,232 s0 5297,874 5171,808 5124572 Civic Center Grandstand 5626,026 $0 $0 $0 SO s0 $15,462 SO $0 $0 $389,615 $52,829 SO $12,010 $O SO Fishing Pier 5238,911 $23,989 $4,197 $8,095 51,501 SO 55,838 $4,045 $0 $3,286 SO s0 $528 $1,567 59,860 SO Frances Anderson Center $7,833,615 52,143,121 $228,694 $30,112 $137,569 599,187 523,946 5256,464 9304,978 s4,833 $250,777 5646,007 s36,332 50 $214,014 5133,299 FS 16 $1,989,959 $139,660 5128,100 143,306 545,498 548,241 5300,288 SO $30,967 $36,245 SO 535,110 $3,380 $419,140 $189,890 $o FS 17 $2,342,448 $359,991 $236,820 539,664 $189,595 548,400 S39,OOB $2,733 $3,003 $24,260 $331,904 $69,841 524,904 $12,793 $302,533 s0 FS 20 5990,725 $34,518 $31,027 $25,903 $34,184 517,587 5302,410 SO $0 $15,890 9248,885 $0 s53,653 $125,843 $3,361 $11,079 Historic Log Cabin 548,451 52,904 52,101 51,957 518,476 s639 $691 $1,254 $0 SO $0 $0 $0 $486 $1,120 52,791 Historical Museum 5365,701 $43,083 $0 $6,647 $14,670 s0 $19,713 SO $4,403 SO $8,811 $7,178 $26,843 $15,313 $734 s0 Library $3,288,408 $708.983 $133,463 $64,783 5310,055 s354,540 $2,300 SO $114,859 $9,433 $58,299 $4,614 576,281 $208,102 $10,936 563,476 Meadowdale Club House 5415,456 $0 525,455 56,395 SO 562,226 57,010 $11,807 $31,280 s0 $87,901 s28,378 50 5134,067 536,376 s0 Old Public Works $1,258,325 $0 $72,027 So $307,758 so So $6,423 $125,119 5409,332 549,261 SO $19,275 $68,257 $23,530 $0 Parks Mamt. Building 4769,081 $77,869 583,905 $7,447 597,549 5429 53,480 55,322 $1,877 30 542,335 52,496 525,866 $99,437 58,864 50 Public Safety $4,810,303 $516,855 $127,985 $203,968 6492,838 585,024 5123,153 $37,976 s4504 s0 5563,775 532,813 $114,760 SO 5795,549 5132,120 Public Works O&M $5,112,124 $287,511 $695,644 $809 563,032 $550,181 $369,201 $1,367 $97,218 $82,477 So 5365,091 $147,864 $17,841 565,885 so Wade James Theater $1,162,904 $123,943 $91,288 $166,472 $31,461 579,865 525,033 $5,831 $0 $0 $0 $274,744 $6,759 $22,577 $45,804 so Yost Pool House $1,176,802 $42,972 s50,806 $27,512 s32,206 596,796 564,687 s0 $0 s36,245 54,062 $111,236 555,232 $37,697 52.689 50 Brackett's Landing 5475,115 $15,595 539,284 $0 SO 5215,838 s0 SO 50 $0 54,449 $0 $0 $0 5o s0 City Park $2,512,411 $71,550 $356,775 SO $517,517 559,404 s0 5363,505 SO $7,601 s0 $0 $0 $3,117 $119,066 s0 Olympic Beach Visitors Stabon 5130,439 $61,655 $23,358 s0 s0 s0 s0 s0 $0 SO SO 515,049 $0 s0 s0 SO Richard F Anway park 3183,324 528,363 561,032 50 so s0 s0 s0 $0 SO SO $24,344 s0 511,406 SO so Seavie%v Park $1,621,889 $22,627 $17,518 $0 5228,883 SO SO 5303,289 $0 $88,674 SO $17,653 $346,058 $0 $102,797 50 Wdlow Creek Education Center 5518,622 $103,863 $115,339 s0 50 5118,793 s0 50 $0 s0 s0 $9,877 50 SO SO so City Totall $4,896,739 $2,650,802 $2,069,823 $2,342,830 $2,131,114 $1,198,809 $1,809,842 $1,117,179 $868,323 $2,113,719 $1,575,018 $961,149 $1,521,707 $2,113,835 $468,49. Capital Renewal NPV $44,162,002 01- instr� Packet Pg. 94 2.5.b $6,000,000 $5,000,000 $4.9M $4,000,000 Baseline avg. annual capital $3,000,000 budget need: $2.7M $1.8 M $2.3M $2.OM $2.1M $2.1M $2.1M $2,000,000 $1.8M - - - - - - - - - - - - - - - - - - - - - - - - - - - - $1.6M $1.5M $1.2M m � $1.1M $1,000,000 $0.9M ■ $1.0m • $0.5M • ■ . • $o — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Packet Pg. 95 2.5.b Boys and Girls Club Cardno Estimated Costs (5 Years) $62,555 Estimated Capital Costs (5 Years) $272,302 Estimated Buildin (5 Years) $334,857 Replacement $1,634,707 0.20 Cemetery Building $10,325 $12,404 $22,729 $180,105 0.13 City Hall $265,405 $1,679,717 $1,945,122 $8,124,420 0.24 Fishing Pier $11,830 $37,781 $49,611 $213,795 0.23 Frances Anderson Center $389,105 $2,638,683 $3,027,788 $13,113,901 0.23 FS 16 $97,635 $404,805 $502,440 $3,076,082 0.16 FS 17 $162,595 $874,470 $1,037,065 $2,817,346 FS 20 $93,540 $143,219 $236,759 $1,839,899 0.13 Historic Log Cabin $4,460 $26,078 $30,538 $88,697 Historical Museum $51,310 $64,399 $115,709 $1,103,831 0.10 Library and Plaza Room $744,030 $1,371,824 $2,115,854 $5,299,970 Meadowdale Club House $30,020 $94,076 $124,096 $941,817 0.13 Old Public Works $86,475 $379,785 $466,260 $3,316,926 0.14 Parks Maint. Building $34,645 $267,199 $301,844 $1,307,959 0.23 Public Safety building $306,265 $1,426,671 $1,732,936 $9,203,257 0.19 Public Works O&M Center $146,730 $1,597,177 $1,743,907 $4,822,482 Wade James Theater $44,490 $493,030 $537,520 $2,133,487 0.25 Yost Pool House $84,610 $250,293 $334,903 $1,250,373 0.27 FCI is the total cost of the existing maintenance, repair, or renewal of the facility divided by the total estimated replacement value (or CRV, current replacement value) of the facility. .051 to .1 Good -Fair 11 to .3 Fair -Poor Poor -Critical instr� Packet Pg. 96 2.5.b Key Takeaways from 2023 FCA Update • Facilities team have worked hard maintaining assets given current staffing levels. • 67% of City of Edmonds assets (equipment) are more than 23 years old. • Frances Anderson Center has significant end -of -life equipment necessitating upgrade • Clear need for investment -Supports current study effort to replace critical infrastructure with higher -performance systems • 24x7 Critical Facilities (Fire Stations and Public Safety Building) have 238 critical systems assets needing to be replaced w/i next 10 years • ($3.4M in 2023 dollars, without factoring in performance upgrades) • Critical Risk - City Hall network operations center and electrical infrastructure • Generator only backs up a portion of the site =operations risk. 0tyestimates-$3- 5M el ect ri cal upgrade needed to support addition of generator. 01- mstr� Packet Pg. 97 2.5.b General Recommendations • Capital funding levels: Condition alone merits annual funding levels of $1.8-2M, accounting for improvements in system performance, energy efficiency, or compliance requirements Maintenance Repair Budget: Increase annual repair budget for facilities from-$100k- 300k annually to $300-400k/yr • Increasing maint. repair funding t GGO rove abilityto self -perform smaller asset replacements (below $50k) and help prevent the Jeferre maintenance gap from growing even larger Maintenance Staffing: Increase (Right-Size)facilities staffing to allow more proactive mai nt enance and i n- house smal I repairs • Recommended International Facility Management Association (IFMA)staffing levels for 250k-500k SFT is 9 FTE* (vs 4 FTE) • Maintenances nGGdoes not incl custodial instr� Packet Pg. 98 2.5.b Slide 10 GGO Thom - we're recommending — a 25% increase in maint repair funding, but will note that this has not been studied by McK. Are you comfortable with this figure? Grant Granger, 2023-08-07T17:41:39.479 GG1 Thom - please reconfirm current maint staffing headcount. Grant Granger, 2023-08-07T17:42:00.784 Packet Pg. 99 2.6 City Council Agenda Item Meeting Date: 01/9/2024 Fire Station 16 Fire Alarm Panel and System Replacement Staff Lead: Thom Sullivan, Facilities Manager Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Fire Station 16, located at 8429 196th St SW, was constructed in 2003. The current fire alarm demand cannot rely on the outdated infrastructure of the building. Staff Recommendation Place on Consent Agenda- to Authorize the Public Works Director to sign a fire alarm system replacement contract with Absco Solutions, relying on the 016 deferred maintenance bond funds as the funding source. Narrative Fire Station 16 was built in 2003 and the fire alarm system is failing and needs to be replaced. This replacement schedule has been exacerbated by the failure of Ziply Fiber's support of copper phone line infrastructure. Current Fire Alarm system is no longer externally reporting trouble or alarm activation to monitoring service - a building code requirement. New system will cost $31,107 plus taxes and monitoring fees and could be paid from the deferred maintenance bond funds available in the 016 fund. Attachments: 26161-1 Fire Station 16 - Fire Alarm Control Panel Replacement Packet Pg. 100 2.6.a Page 1 of 6 Proposal 26161-1 Absco Solutions INTEGRATION THAT EMPOWERS AND PROTECTS Absco Solutions 3400 188th St. SW, Suite 461 Lynnwood, WA 98037 Phone (425) 771-1166 City of Edmonds Public Works Fax (425) 771-4422 Project Proposal for Web: www.abscosolutions.com Fire Station 16 Fire Alarm Control Panel Replacement Prepared for Thom Sullivan Phone: 425-760-3334 Prepared By: Morgan Campbell November 15, 2023 _ d E CL NNQ Ids E U) _ ca _ cc a E L ca Q d U- 0 u= w _ E 0 to CL (L 0 L w+ _ 0 U E L ca Q Q L_ U. to _ 0 w+ U) L_ UL T- to c� N m E t 0 c� r r Q Packet Pg. 101 2.6.a November 15, 2023 City of Edmonds Public Works Page 2 of 6 Proposal 26161-1 This document is intended to describe the Scope of Work proposed to City of Edmonds Public Works by Absco Solutions. The information set forth below is intended to be a framework for discussion around project work efforts and is subject to change. It is anticipated that project requirements will be mutually defined and/or detailed written specifications finalized if the proposed Scope of Work is approved. Project schedules and cost estimates contained herein are based upon information provided to date and are subject to change. This proposal and supporting information including solution information provided by Absco Solutions is intended only for the named recipient(s) and contains information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this information is strictly prohibited; please notify the sender then delete this information, including any attachments. This proposal is based on customer request, past inspection reports and site survey. This proposal and supporting information, inclusive of any: attached drawings, diagrams and documents or submittals, provided by Absco Solutions is intended only for the named recipient(s) and contains information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this information is strictly prohibited; please notify the sender then delete this information, including any attachments. Overview of Issues / Needs Assessment Provide replacement FACP for existing EST-2. Replace existing detection devices as needed on a like -for -like basis, reuse existing notification devices as is, in their current locations and configuration. Scope of Work / Desired Outcome Provide, install and program fire alarm equipment as outlined in the proposal. Proposal includes design, equipment, installation, programming and confidence testing with the AHJ. See notes for a list of inclusions, exclusions, limitations and terms. Inclusions • Low voltage permits applicable to Absco Solutions' scope listed in this proposal are included in the price. • Price includes providing the listed equipment only. Any additional equipment is to be on a time and material basis. • Price includes the termination and programming of the control panel(s). Prior to termination of the control panel(s) all wire must be labeled per the Absco Solutions design drawings. All circuits must be complete and free of grounds, shorts, and metered for end of line resistor (if applicable). To complete circuit, all circuit splices must be made within NEC standards (minimum six inches of cable length). • Price includes start up and test of the listed devices provided by Absco Solutions in this proposal to ensure functionality of the system as proposed. • Price includes 1 hour of training of the end user on site. Additional training is to be on time and material basis. Exclusions • Firewatch may be required during the course of this work. Firewatch provisions are not included in our proposal and is to be provided and coordinated by the building owner. Absco Solutions 3400 188th St. SW, Suite 461, Lynnwood, WA 98037 Phone (425) 771-1166 Fax (425) 771-4422 Packet Pg. 102 2.6.a November 15, 2023 City of Edmonds Public Works Page 3 of 6 Proposal 26161-1 • Price excludes the termination or physical installation of any field devices. • Price does not include the provision or installation of raceway, conduit, boxes, or wire of any kind. Wiring by others must be installed to the final device location. Any cabling splices required to bring the circuit to the device location must be completed by others prior to device termination. • 120 VAC for power and phone lines for monitoring to be existing or provided by others. 120 VAC connection to be terminated and permitted by others as required. Phone lines to be located and labeled at the control panel location. • Proposal excludes mounting of control panel housings, terminal cabinets, gutters, or any raceway. All items to be mounted in their permanent location as part of the rough -in phase provided by others. • Absco Solutions does not warrant any customer -provided equipment or cabling. Additional labor required to troubleshoot, repair or correct faulty equipment or wiring will be billed as a separate invoice. • Door hardware (strikes, latches, electronic hinges or any other hardware) is to be provided and installed by others and is not part of this scope. This exclusion is applicable to field terminations to the door hardware unless included specifically in the inclusion terms. • Doorholders are not anticipated or included in this proposal, nor are any additional smoke detectors that might be required as a result of doorholders. • Proposal price does not include providing detection for Fire/Smoke Dampers as none were demonstrated on the fire alarm drawings. If additional detection is needed for F/SD it will be billed on a separate change order on a time and materials basis. • Proposal price does not include providing duct detectors. Duct detectors to be provided and installed by HVAC contractor (if necessary). If duct detectors are installed by others, additional input modules may be required and would be provided on a time and material basis. • Any required outputs from the fire or suppression systems or life -safety system scope in support of the access control as well as all associated scopes related to systems outside of the video surveillance and access control systems are to be provided by others and is not included in this proposal. • The AHJ may require other contractors to be present for pre -testing and final testing which may include, but is not limited to, contractors for sprinkler systems, elevators, mechanical systems, and monitoring. Any coordination or payment of other contractors shall be the responsibility of others and is not included in this proposal. • Residential combination Room Smoke/CO Detector are excluded from this proposal and are to be provided by others. • Sales Tax excluded - Any applicable state sales tax is not included in the quoted price Limitation • Price is based on reusing existing wiring. If any existing wiring cannot be reused or contains faults, additional labor and material will be billed on a separate invoice on a time and material basis. • Proposal price does not include any upgrades to notification or detection device outside of this scope. If AHJ requires any upgrades to current system, they will be provided on a time and materials basis and billed on a separate change order. • All required lifts are to be furnished by others for Absco Solutions use as necessary, and are not included in Absco Solutions' proposal. Absco Solutions 3400 188th St. SW, Suite 461, Lynnwood, WA 98037 Phone (425) 771-1166 Fax (425) 771-4422 Packet Pg. 103 2.6.a November 15, 2023 City of Edmonds Public Works Page 4 of 6 Proposal 26161-1 • Any additional insurance cost will be billed at cost plus 10%. This includes, but is not limited to, Waivers of Subrogation, Waiver for Transfer of Right of Recovery, Specific Additional Insured, etc. Failure to disclose any additional insurance requirements will be deemed acceptance of any future change orders for insurance charges. • The design and permitting process requires the use of AutoCAD files. Architectural backgrounds are required to be provided in digital format (dwg file). If backgrounds are not provided in digital format a change order will be produced to generate such a file. • Price includes start up, one pre -test only of all devices with other contractors/customers during single site visit and one final test only of all devices with the AHJ during single site visit. Additional testing required for other trades or inspectors and/or due to issues outside of Absco Solutions' control will be billed on a time and materials basis. This includes, but is not limited to, separate tests for sprinkler systems, elevators, mechanical systems, and monitoring. • All work to be performed during Absco Solutions normal working hours of 7:00 AM - 5:00 PM, Monday through Friday (excluding holidays). Any labor required outside of these hours will be billed as a separate change order. • Troubleshooting of circuit wiring is not included in this proposal. If troubleshooting is requested by the designated onsite foreman for your company, it will be on a time and material basis and will be billed as a separate change order. Price This proposal may be withdrawn by Absco Solutions, Inc. if not accepted within 30 days. We propose to provide the above listed Scope of Work for the sum of: $31,107.00 Tax is extra The warranty on the listed equipment and labor shall be void if a person or firm other than Absco Solutions or a contractor authorized by Absco Solutions performs any work identified within the original scope of work of this contract. All equipment provided by Absco Solutions has a warranty of one year from the date of invoice. THIS WARRANTY EXCLUDES ALL COVERAGE FOR CONSEQUENTIAL DAMAGES AND IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF FITNESS, HABITABILITY, OR MERCHANTABILITY OR OTHERWISE PROVIDED UNDER THE LAWS OF WASHINGTON. uipment Schedule Fire alarm Control Panel Absco Solutions 3400 188th St. SW, Suite 461, Lynnwood, WA 98037 Phone (425) 771-1166 Fax (425) 771-4422 Packet Pg. 104 2.6.a November 15, 2023 City of Edmonds Public Works Page 5 of 6 Proposal 26161-1 Qty Model Number Manufacturer Description 1 6820 Silent Knight Silent Knight 1,11Opt Addressable Fire Panel - Red Cabinet 2 NP7-12 Yuasa Battery, 7 Ah, 12 volt 2 SETUL Modular Devices UL RJ31X jack w/2 ft. 8 cond. cord 1 GW-FAD Gamewell-FCI Fire Alarm Document Cabinet, w\GW-FCI Lock LOC/FARA Qty Model Number Manufacturer Description 1 005860R Gamewell-FCI LCD REMOTE ANNUNCIATOR, 80 CHAR DISPLAY, RED BEZEL 1 5860TR Silent Knight 5860 Trim Ring Detection Devices and Modules Qty Model Number Manufacturer Description 7 SK-Pull-DA Silent Knight Intelligent Pull Station 18 SK-PHOTO-W Silent Knight Intelligent plug-in smoke detectors, includes 6" base 1 SK-HEAT-ROR-W Silent Knight Heat detector ROR - White, includes 6" base Notification Devices Reuse existing notification devices in their current locations. There are no new notification devices included in this proposal. Miscellaneous Qty Model Number Manufacturer Description 1 Confidence test with AHJ Absco Solutions 3400 188th St. SW, Suite 461, Lynnwood, WA 98037 Phone (425) 771-1166 Fax (425) 771-4422 Packet Pg. 105 2.6.a November 15, 2023 City of Edmonds Public Works Page 6 of 6 Proposal 26161-1 Terms & Conditions Payment is to be made as follows: TBD Upon Approval of Credit A 1.5% service charge per month will be applied to all past due invoices. • All invoices are Net 30 on approval of credit and are subject to interest charges of 1.5% per month if past due unless prohibited by prime contract conditions. • A signed change order for any change in scope must be received by Absco Solutions prior to scheduling that scope of work. • Acceptable forms of payment include checks made payable to Absco Solutions or direct deposit of funds to Absco Solutions accounts. Payment by MasterCard or Visa plus an additional 3.5% surcharge is available with prior approval. • Progress billing will be submitted monthly for projects to the customer. • Proposal price is based on current market pricing. If the manufacturer's equipment price(s) to Absco increases, due to dynamic price increases caused by supply -chain shortages and/or other issues beyond Absco Solutions control, prior to an approved purchase order and confirmation of that order with the manufacturer, Absco will provide a change order for the increased price difference between the quoted equipment price and the new equipment price. Acceptance I do hereby authorize the Statement of Work specified in this document. I have read and understand the Inclusions, Exclusions, Limitations, and Warranty listed above. The above prices, specifications, and conditions are satisfactory and are hereby accepted. Payment will be made as stated above. The undersigned are fully authorized to represent the party they are signing for and do hereby agree on behalf of their respective parties to fully comply with and abide by the terms of this agreement. Authorized Signature Printed Name Title Date Absco Solutions 3400 188th St. SW, Suite 461, Lynnwood, WA 98037 Phone (425) 771-1166 Fax (425) 771-4422 Packet Pg. 106