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2021-04-13 City Council - Full PPW Agenda-2830
o Agenda Edmonds City Council PARKS AND PUBLIC WORKS COMMITTEE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 APRIL 13, 2021, 4:00 PM DUE TO THE CORONAVIRUS, MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. CALL TO ORDER COMMITTEE BUSINESS 1. Presentation of a Settlement Agreement for Dayton Street Pump Station Project (10 min) 2. Civic Park - Project Construction Contracts (20 min) 3. Edmonds Marsh Right of Entry Agreement (5 min) 4. Presentation of a Local Agency Professional Services Agreement with CM Design Group, LLC for the 76th Ave Overlay project (5 min) 5. Presentation of a 10-ft Dedication for 70th Ave W right-of-way adjacent to 15809 70th Ave W (5 min) 6. Presentation of a Pedestrian Easement at 8609 244th St. SW (5 min) 7. Project Update on Citywide Bicycle Improvements Project (10 min) 8. Report on Construction Bids for the Phase 8 Sewerline Replacement Project (5 min) ADJOURN Edmonds City Council Agenda April 13, 2021 Page 1 2.1 City Council Agenda Item Meeting Date: 04/13/2021 Presentation of a Settlement Agreement for Dayton Street Pump Station Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History None Staff Recommendation Forward item to a future consent agenda for City Council approval. Narrative During the initial pump testing and start-up for the Dayton St. Pump Station project, it was discovered that the pumps furnished by the contractor were using more electrical power than specified by the construction contract. The cause of the increased power consumption was traced back to the motors used in the pumps and their performance did not meet the pump specifications and documentation provided prior to their installation. The pump manufacturer has acknowledged this issue and has agreed, at no additional cost, to replace the motors in the three pumps that were provided for this project. The settlement also requires the pump manufacturer to pay the City the extra power cost until the motors are replaced. Staff has negotiated the attached draft settlement agreement with the pump manufacturer (with approval of the contractor) to resolve the pump motor issue. The City Attorney is working to finalize the agreement with the pump manufacturer and staff expects to have a recommendation for the committee to move the item forward for City Council approval. Attachments: Settlement Agreement - Dayton St. Pump Station Packet Pg. 2 2.1.a SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made and entered into by and between the City of Edmonds, a Washington municipal corporation (hereafter "Edmonds"), and Grundfos CBS, Inc. (hereafter "Grundfos") (individually, a "Party" and collectively the "Parties") regarding the redesign and replacement of certain water pump motors RECITALS WHEREAS, Grundfos was the supplier of pumps for the Dayton Street Pump Station Project (hereinafter "Project"), which took place in or around January through December of 2020, and provided the City with three (3) pumps (two installed and one retained as a spare); and WHEREAS, upon completion of the Project, the City asserts that the pumps provided used significantly more electricity than had been represented by Grundfos; and WHEREAS, without admitting any liability or legal obligation, Grundfos is willing to redesign and furnish three new pump motors at no cost to the City to mutually agreeable specifications; and WHEREAS, in addition, Grundfos is willing to pay the City the difference in electricity costs asserted by the City for the current pumps over the two-year period it anticipates will be needed to redesign and replace the pump motors, which is estimated to be $430 per year; and WHEREAS, the Parties agree that it is in the best interests of both to enter into this Agreement to settle the dispute regarding the current pumps to avoid the necessity of pursuing a claim against the Project's general contractor's bond or the Grundfos warranty; NOW, THEREFORE, in consideration of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the Parties hereto, the Parties covenant and agree as follows: Edmonds' Responsibilities. Edmonds will make the site of the work to be performed under this Agreement reasonably accessible to Grundfos at all times necessary to Packet Pg. 3 2.1.a complete the work contemplated by this Agreement as provided for herein, and will work cooperatively with Grundfos to accomplish the objectives set forth in this Agreement. 2. Grundfos' Responsibilities. Grundfos will be responsible for replacement of the Project pump motors as follows: a. Scope of Work. Grundfos will furnish all materials, equipment and labor to complete the scope of work set forth in Attachment A, attached hereto and made a part hereof by this reference and in accordance with the pump curves and testing information set forth in Attachment B. . b. Compliance with Laws. Grundfos will comply with all applicable laws, including but not limited to laws relating to prevailing wages, Chapter 39.12 RCW. c. Warranties. Grundfos will provide new warranties, as noted in the scope of work (Attachment A) upon completion of the work under this Agreement. d. Performance and Payment Bond. Grundfos will provide Edmonds with a Performance and Payment Bond for the work under this Agreement, to be in substantially the form set forth in Attachment C, attached hereto and made a part hereof by this reference. e. Time for Completion. The estimated time of completion of the work under this Agreement is two (2) years; however, all tasks in the scope of work (Attachment A) will be completed no later than December 31, 2023, subject to force majure set forth below. Failure to complete the work within this time period will entitle Edmonds to collect on the Performance and Payment Bond. f. Force Majure. Neither Party shall be in breach of the Agreement nor liable for delay in performing or failure to perform any of its obligations when such delay or failure is caused by an event or condition beyond the reasonable control of either Party, including, but not limited to: acts of God, fire, hurricane, flood, explosions, strike, boycott, labor disputes, pandemics, viral emergencies or acts of Government Authority ("Force Majeure"). In the event of a Force Majeure, the Parties agree to suspend the affected Party's obligations until the Force Majeure situation ceases to exist. g. Defective or Unauthorized Work. In the event Grundfos provides defective or unauthorized work, which includes without limitation work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without Edmonds' written approval, Edmonds can pursue collection on the Performance and Payment Bond. Packet Pg. 4 2.1.a h. Hold Harmless. Grundfos will perform all work at its risk and expressly agrees to hold harmless and indemnify Edmonds, its employees, officers, agents, representative, successors and assigns from any and all claims, liability, loss, or damage(s), including costs and reasonable attorneys' fees for defense of the same that Edmonds may suffer as a result of claims, liability, loss, or damage(s) to any and all persons or property, costs, or judgments against Edmonds which result from, arise out of, or are in any way connected with the work to be performed by Grundfos under this Agreement. This expressly includes any and all claims by employees, subcontractors, and assignees of Grundfos for which Grundfos would have immunity under the Workers Compensation Act for purposes of this indemnification only. The foregoing waiver was mutually negotiated by the Parties.l[SEC 1 ]I[ERS2] i. Insurance. Grundfos will procure and maintain at its expense during the performance of the work under this Agreement general liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage; automobile liability (bodily injury and property insurance) in the minimum amount of $1,000,000; and statutory industrial insurance (workers' compensation). Grundfos' workers' compensation premium status will be current with the Washington State Department of Labor and Industries prior to commencement of the work under this Agreement and shall be maintained current for the duration of that work. Grundfos will provide Edmonds with a Certificate of Insurance as proof of the appropriate insurance coverage listed above prior to the commencement of any work under this Agreement. IGrundfos will provide Edmonds with additional insured endorsements naming the City of Edmonds, its officers, agents and employees as additional insured for all relevant policies called for herein. [SEC3]I[ERS4] j. Notice to Proceed. A fully executed copy of this Agreement will serve as the Notice to Proceed (NTP). 3. Settlement and Release of Claims. For and in consideration of Grundfos' agreement to redesign and furnish three new pump motors and replace the current pump motors at no cost to Edmonds, and its payment to Edmonds of Four Hundred Thirty Dollars ($430.00) per year for the cost of the additional electricity required to run the current pumps I[SEC5]I[ERS6]I[SEC7], Edmonds and its employees, officers, agents, representatives, successors and assigns (hereinafter collectively Packet Pg. 5 2.1.a the "Edmonds Parties"), hereby release and forever discharge Grundfos and its employees, officers, agents, representatives, successors and assigns (hereinafter collectively the "Grundfos Parties"), from any and all claims, demands, damages, costs, expenses, losses, or causes of action (hereinafter referred to as the "Claims"), in any way related to the replacement of the Project pump motors. Notwithstanding anything stated herein to the contrary, including, but not limited to any obligations set forth in Attachment A, Attachment B and/or Attachment C or any other ancillary contract that may be entered into with any contractor or provider of services, Grundfos' maximum liability under this Agreement shall not exceed $50,000.00. To resolve any potential doubts to the contrary, the foregoing maximum liability is inclusive of the payments for electrical charges herein and any collection of amounts provided for by any payment and performance bonds to the extent any payments are made on any claims. Furthermore, Grundfos shall not be liable for any direct or indirect consequential damages, loss of use, or claims of any nature whatsoever, except as expressly provided for in this Agreement.I[sEC8]I[Exs9]I[sECIOI 4. Payment. Grundfos will make the payments of Four Hundred Thirty Dollars ($430.00) per year as set forth in the scope of work (Attachment A). 5. No Admissions. This Agreement is entered into solely for the purpose of resolving disputes without resort to litigation and is in no way to be construed, and is in fact not, an admission of liability or responsibility of either Party hereto. 6. Law and Venue. This Agreement will be construed and enforced in accordance with, and governed by, the laws of the State of Washington. In the event that either Party hereto institutes proceedings to enforce any provision herein, venue will lie exclusively in Snohomish County, Washington and the substantially prevailing party will be entitled to be reimbursed for all reasonable costs, expenses, and attorneys' fees incurred. 7. Authority. The Parties acknowledge and represent that they are executing this Agreement after having received full legal advice as to their rights from legal counsel, and hereby warrant that they have the sole right and exclusive authority to execute this Agreement and receive the benefits specified herein, and that no other person or entity has or has had any interest in the Claims. 8. Entire Agreement. The Parties acknowledge that they have carefully read this Agreement and know the contents thereof, including the fact that this Agreement is a release of all claims, that no promise or agreement not expressed in this Agreement has been made, and that they have signed this Agreement as a free act. This Agreement incorporates and supersedes any and all prior understandings, contains the entire agreement between the Parties, and shall be binding upon and inure to the benefit of the representatives, successors and assigns of each. Packet Pg. 6 2.1.a GRUNDFOS CBS, INC. CITY OF EDMONDS [Name, Title] Michael Nelson, Mayor Date: Date: ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared [Name, Title] of Grundfos CBS, Inc., 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 entity, for the uses and purposes therein mentioned, and on oath stated that he 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. 7 2.1.a ATTACHMENT A SCOPE OF WORK Grundfos CBS, Inc., or its subcontractor(s), will provide all labor and materials necessary to accomplish the following tasks: 1. Submit a payment of $430 within thirty (30) calendar days of the execution of this Agreement, and thereafter annually, to the City of Edmonds Public Works Department prior to December 1 of each calendar year until task #3, below, is �omplete4[SEC11]. 2. Design and manufacture three (3) new 6-pole motors to be more optimized for 460 volt as to match the previously approved pump curves as previously approved in writing by the City Engineer. For reference, the previously approved pump curves are attached as Attachment B. Deliver three (3) new 6-pole motors, as described in task 2 in this scope of work, to Edmonds upon completion of the redesign noted above. Provide for the installation of two (2) of the 6-pole motors into Edmonds' existing Dayton Pump Station system pumps at no cost to Edmonds and provide for the delivery and installation of the third motor into the spare pump presently with the City of Edmonds Public Works. Grundfos will arrange and pay for all labor, equipment, and material needed for all deliveries, installation of the three (3) new 6-pole motors, esting, and commissioning of the system,l[SEC12]I[ERS13]I[SEC14] including removal and disposal bf two of the existing motors, adjustments to the control or power systems, and traffic control where needed to co m fete this work. One of the existing pump motors will be retained by the Ci7[[SEC 15]I[SEC 16]I[SEC 17] [ERS 18] 4. If contractor(s) or subcontractor(s) not directly employed by Grundfos, are utilized to provide necessary labor to install the 6-pole motors as noted above, said contractor(s), subcontractor(s) or worker(s) used by Grundfos must be approved in writing by the City Engineer. Edmonds retains the right to request any reasonable documentation necessary to ensure compliance with all applicable laws and regulations prior to approving any contractor(s) or subcontractor(s). 5. Complete testing of the installed pumps per Attachment B or other method approved in writing by the City Engineer. The testing document included in Attachment B is taken from the approved testing and start-up plan (Submittal #32) for Edmonds' Dayton Street Stormwater Pump Station Project (E4FE). 6. If testing determines that permanent changes in the operational controls or control panel are necessary, such work shall be undertaken by Grundfos at no expense to Edmonds. Changes shall be documented in writing and provided to Edmonds prior to completion of this Agreement. 7. Provide a minimum of one (1) calendar week notice prior to performing any on -site work to install the pump motors on City of Edmonds property. Edmonds retains the right to require rescheduling the work due to other capital improvement work or park programming which may conflict with operations. Allowable work dates and times shall conform to all applicable City of Edmonds Codes and Ordinances. 8. Upon completion of the installation and testing, submit updated user and maintenance manuals and issue new 5-year warranty as set forth in Orundfos standard warranty attached hereto as Exhibit ll[SEC19]I[ERS20]I[SEC21], except for the duration as set forth in this paragraph.. Packet Pg. 8 2.1.a ATTACHMENT B PUMP CURVES AND TESTING INFORMATION m 0 L- a. c 0 ca co a E IL a� m L Cn _ O m L O _ d E L a _ d E d d Cn _ O Cn 0. E IL Cn c 0 m 0 c m E a� a� L a _ E Cn E r a Packet Pg. 9 2.1.a ATTACHMENT C PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the CITY OF EDMONDS, WASHINGTON, has awarded Grundfos CBS, Inc., hereinafter designated as the "Principal", a contract for the construction of the Grundfos Pump Replacement project, which consists of Scope of Work, Pump Curves and Testing Information and Agreement, all as hereto attached and made a part hereof; and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance and payment of said contract. NOW, THEREFORE, we the principal and a corporation, organized and existing under and by virtue of the laws of the State of , and duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the CITY OF EDMONDS and the State of Washington, for and in behalf of Grundfos Pump Replacement in the sum of Fifty Thousand Dollars I[SEC22]and No Cents ($50,000.00) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, on his or their parts, and shall indemnify and save harmless the CITY OF EDMONDS, WASHINGTON, its officers and agents, and shall further save harmless and indemnify said CITY OF EDMONDS, WASHINGTON from any defect or defects in any of the workmanship or materials entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one year after the physical completion of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, provided that the liability hereunder for defects in materials and workmanship for a period of one year after the physical completion of such work. THE SURETY, for value received, further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligation on this bond, and the Surety does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to the Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each of which shall be deemed an original, this day of , 20 Principal By Title TWO WITNESSES Packet Pg. 10 2.1.a ATTEST (if corporation) Surety By Title Address of local office and agent of surety company is APPROVED AS TO FORM Office of the City Attorney Packet Pg. 11 2.2 City Council Agenda Item Meeting Date: 04/13/2021 Civic Park - Project Construction Contracts Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History The Civic Center Playfield project is currently in the bidding process. Due to timing issues of the actual bid opening, this packet does not have the construction contract dollar amount, however, it provides an opportunity for a project update in preparation for council's consideration of the project in the next few weeks. The lowest responsible bidder, contract amount and alternatives is scheduled to be presented for the April 20, 2021 Regular Council meeting for review and discussion with potential Council approval on April 27, 2021. To implement the construction of Civic Center Playfield, there are three Professional Service Agreements which require approval by the Council authorizing the Mayor to execute. They include - 1. Project Construction: TBD (Bid Opening April 8, 2021) 2. Construction Inspection: KBA for $613,251 3. Construction Administration Consultant: Walker Macy for $97,473 Project Construction This contract encompasses the entire construction of the Civic Park project including demolition, site preparation and installation of all components of the park project as designed and permitted. If approved, the project is slated to begin early June with a preliminary estimate of 18 months to complete finishing in fall of 2022. Bids, scheduled for opening for the afternoon of April 8th had not been opened or verified at the time of this writing, but what bid information available will be shared verbally during the April 13th council committee meetings. Construction Inspection Without in-house capabilities as an Owner, inspect services are contracted out including preconstruction photos, material records, testing logs, submittal logs, RFI logs, change order logs, weekly statement of working days, certified payroll tracking, apprenticeship utilization reports, record drawing comments, inspector daily reports, project photos, field note records and force account reports and the firm KBA was selected and requires $631,251 to complete these services. Construction Administration Consultant This contract is an amendment to an existing contract for the additional sum of $91,473. This fee is basically to cover the added work to re -bid, complete additional soil testing and develop required stormwater mitigation. Services provided include during construction review product submittals and shop drawings, respond to contractor requests for information, and produce clarification drawings as needed. Attend of weekly project meetings, conduct Construction Observation site walks, and prepare Packet Pg. 12 2.2 field reports. Upon completion of construction, services include a substantial completion walk-through, punch list, and attendance of a final acceptance walk-through to review completion of the punch list Staff Recommendation Project update only, no recommendation for this agenda item. A full presentation with budget details and contracts is scheduled for review and approval consideration during April 20 and 27, 2021 Regular Council Meetings. Narrative The 8-acre Civic Center Playfield property was acquired by the City from the Edmonds School District in early 2016. With the consulting firm of Walker Macy, a Master Plan using a robust public process was adopted a year later in March of 2017. Shortly thereafter, Walker Macy was approved by the Council to complete the design development, permitting, bidding, and then support during construction. Also in 2017, the Stadium Grandstands were demolished. In 2018, the City began applying for grants and in November the Council adopted the Parks Capital Improvement (CIP) and Capital Facilities (CFP) Plans identifying Civic Park as a project. Historically, this project has been supported by the Council for years as witnessed by the repeated annual approval funding allocation specifically for this potential park within the CIP and CFP. During 2019, the Council had updates of the design progression (April) and funding efforts (June) and the $3.7m bond issuance was approved in October. During the annual budget adoption, Council again, approved the Civic Park project in the CIP and CIP Plans with construction scheduled to being in 2020. The project went to bid early 2020, but only two bids were submitted with the lowest one exceeding the $8.6m cost estimate by $2.7m. An analysis of unsuccessful bid process was completed with findings incorporated into this re -bid including additional soil testing and revising the bid format from State of Washington Department of Transportation (WSDOT) to lump sum, which is more traditionally used for park construction projects. Project Funding The following illustrates the general revenue sources and amounts to provide context of the project. The upcoming full council presentations will include this information in addition to comparative project expenditures which will be fully identified after verification of the April 8t" construction bids. Revenues 2021 2022 Total Grants $ 806,000 $ 2,664,000 $ 3,470,000 General Fund $ 89,833 $ 1,763,167 $ 1,853,000* Bonds $ 3,700,000 $ 3,700,000 Donations $ 400,000 $ 400,000** REET 2 (Fund 125) $ 652,546 $ 652,546 $ 1,305,092 REET 1 (Fund 126) $ 71,816 $ 71,816 Park Impact Fees $ 710,120 $ 642,500 $ 1,352,620 Packet Pg. 13 2.2 Totals $ 5,958,499 $ 6,194,029 $ 12,152,528 *Currently there is $2m allocated from the General Fund as authorized by the City Council, but the $1.85m was needed to cover expenses in this initial budget estimate **Edmonds Rotary has committed to contributing $250,000 and an additional $55,000 through the city's bench/picnic table donor program Attachments: Civic Center Playfield Project Summary Graphic Packet Pg. 14 2.2.a PROJECT OVERVIEW Project Description In the fall of 2015, after leasing the property for 40 years, Civic Center Playfield was acquired by the City of Edmonds from the Edmonds School District. Purchased with the assistance of grants from the Washington State Recreation Conservation Office and the Snohomish County Conservation Futures Program, the City's Recreation & Open Space Plan stipulates that the site will remain accessible to the community as a key asset, providing both passive and active recreation. The City has been operating the property as a park since 1975, with little change to the layout since its former use by Edmonds High School. The city has not invested capital funds into this site but has been maintaining it for public use. Just under 8 acres, the park is positioned near Edmonds downtown commercial area alongside single and multi -family housing. The project goal is to provide the City of Edmonds with a Master Plan based on community input that envisions Civic Center Playfield as a a signature park in the heart of downtown Edmonds. Civic Center Playfield has the potential to energize the local economy, contribute to the 0 sense of community identity and civic pride, and bolster the city's growing reputation as a destination on Puget Sound. By improving this .o public space in the heart of Edmonds, the community can create an exceptional place for gathering, celebration and enhanced daily life. a- -0 d :- History L d Civic Center Playfield was the athletic grounds for Edmonds High School, originally built a block from the site at 410 Fourth Avenue North, ci what is now the Edmonds Center for the Arts. Prior to recreational development it's believed to have been a marshy field. In 1957 the high .2 school relocated to the Holmes Corner neighborhood at 76th and 212th. The City has operated the property as a park since 1975 with minimal change to its amenities or use. 2 1930's - courtesy of the Sno-Isle Musem 1950's 2015 - Google Earth Edmonds Civic Center Playfield Master Plan January 2021 Edmonds Parks, Recreation, & Cultural Services WALKER - - " - Packet Pg. 15 2.2.a Civic Field Today Today, the approximately 8 acre site includes a playground, basketball and tennis courts, football field, soccer fields, track, skate park, petanque courts, portable restrooms, and the Boys and Girls Club (former high school Field House). Civic Center Playfield is currently used for community sports, team practices and games by local youth organizations, nearby residents, and recreation programs, as well as for events such as the 4th of July, Taste of Edmonds, Edmonds Arts Festival parking and the Wenatchee Youth Circus (likely concluding this year). w\V 6"' Structures The Field House, most likely built after 1935 when the district acquired the property, was remodeled in 1999 and is currently leased to the Edmonds Boys and Girls Club. The former Grand Stand, was over 50 years old and was not structurally sound when it was removed in 2018. The Edmonds Boys & Girls Club has been leasing the Field House since 1962. It is currently operating at full capacity, serving approximately 150 kids. Activities offered at the Boys & Girls Club include arts and crafts, computer use, homework help, volleyball and basketball, arts and music, snacks and meals. The building presently hosts typical Club facilities - ground floor offices, a small game/recreation room, computer lab area, restrooms, storage and service spaces. The upper floor, includes a gym and additional storage. The Boys & Girls Club is in conversation with the Parks Department and City to discuss the needs and plans of the organization. The Field House would likely require expansion if it is to continue to serve the Club. Special Considerations The planning effort considered the full site with special consideration for six of the eight acres that fall under Conservation Easement Deed restrictions as follows: -No parking • Must be preserved as open space (i.e. either passive or active recreation) -Maximum 10% impervious cover (not including pathways) -No synthetic turf -No new playfields, existing fields can remain if desired -Temporary festival use can be accommodated The two acres that include the Field House footprint are exempt from the deed restrictions. Funding Funding for the project includes: $3,400,000 secured grants (Federal, State and Local) $3,700,000 bonds $250,000 park donations $5,250,000 combination of restricted and general city funds c.i �a r c 0 U c 0 r U 0 0 U m 0 L IL IL U U Edmonds Civic Center Playfield Master Plan January 2021 Edmonds Parks, Recreation, & Cultural Services WALKED' Packet Pg. 16 DESIGN 2.2.a Hazel Miller Meadows •A mix of flowers that attract pollinators • Picnic tables and shade • Sloped lawn Petanque Grove • Crushed Granite Playing Surface • Accommodates up to 16 courts for tournaments • Heavily planted area with shade and seating SK6M SrRLIC1 RE5TRQ(.WS f Design The goal is to build a park as similar to these designs as possible. However, final features and installation phases are contingent upon construction bids and pricing. a — CU Enhanced Skate Park N c O r v 7 L O U r m 0 L Q_ tnirance vavinon and Permanent Restrooms _ Inclusive Playground Accessible play for all abilities. f f 1� } a- L d U U Y fC 64 _ V a of E Edmonds Civic Center Playfield Master Plan January 2021 Edmonds Parks, Recreation, & Cultural Services WALKER Packet Pg. 17 2.3 City Council Agenda Item Meeting Date: 04/13/2021 Edmonds Marsh Right of Entry Agreement Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History The northern boundary of the City -owned Edmonds Marsh is adjacent to Port of Edmonds property and portions of the marsh and the pedestrian trail and boardwalk are located on Port of Edmonds property. Permission from the Port of Edmonds is necessary to have access to these amenities and areas for maintenance and restoration in the form of a Right of Entry agreement. Staff Recommendation It is recommended the Parks & Public Works Committee forward this item to the April 20, 2021 Council Consent agenda for Council consideration to authorize the Mayor to enter into a Right of Entry Agreement with the Port of Edmonds for maintenance and restoration of Edmonds Marsh amenities and vegetation located on Port property. Narrative The proposed Right of Entry authorizes the city access to these site improvements as well as portions of the marsh for maintenance and restoration efforts including removal of invasive plant species and planting of native plant material and mulch by both parks maintenance staff and volunteers. Attachments: Edmonds Marsh ROE Property Lines Exhibit Right of Entry for Marsh COE-Port Packet Pg. 18 Edmonds Marsh Property Lines - Port of Edmonds Right of Entry Exhibit 0 225 450 Feet 3/29/2021 0 2.3.a Snohomish Coun y Assessor Wash„ng=o �--------------------- {t' Legend Parcel Recent Sales 2021 Recent Sales 2020 Recent Sales 2019 --------; City Boundary County Park National Forest Water Street Ty pes Interstate State Route Local Road All maps. oata, and Information selforth herein ("Data'), are for Illustrative purpos only and are not to be considered an official citation to, or representation of, the Snohomish County Code. Amendments and updates to the Data, together with other applicable County Code provisions, may apply which are not depicted heroin. Snohomish County makes no representation or ranty concerning the content, accuracy, currency, completeness or quality of the Data contained harem and expressly darlaims any warranty of merchantability or fitness for any particular pmin— All parsons accessing or othemvi-using this Data assume all responsibility for se thereof and agree to hold Snohomish County harmless from and against any damages, loss, claim om or liability arising out of any error, defect cr issiont n coained within said Data. Washington State Law, Ch. 42.5 RCW, prohibits state and local agencies hem providing access to lists of individuals intended for use for commerdal purposes and, thus, no comm d.l use may be made of any Data comprising lists of individuals contain Packet Pg. 19 2.3.b RIGHT OF ENTRY THIS RIGHT OF ENTRY is entered into by and between the City of Edmonds, a municipal corporation organized under the laws of the State of Washington, hereinafter referred to as the "City," and the Port of Edmonds, a port district organized under the laws of the State of Washington, hereinafter referred to as the "Port." RECITALS A. The Port owns a portion of the Edmonds Marsh, which real property is legally described in Exhibit A, attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property." B. The City has requested to have its employees, consultants and/or contracted registered volunteers perform maintenance activities ("Work") at the Property and such Work will require access onto the Property. The Work to be performed is as follows: • Parks staff maintains 1,400 feet by 6 wide asphalt and wood decking pathway around marsh to ensure safe pathways for pedestrians. • Parks staff cleans asphalt pathway. • Mows 800 feet long by 15 feet wide grass strip along pathway. • Parks maintains wooden boardwalk as needed. • Remove invasive species as needed and replant areas with native plants. C. The Port is agreeable to have the City and its employees, consultants, and/or contracted registered volunteers conduct the Work, provided the terms and conditions of this Right of Entry are followed by the City. RIGHT OF ENTRY 1. RIGHT OF ENTRY. The Port hereby authorizes City employees, consultants and/or contracted registered volunteers to come onto the Property during the time period of April 1, 2021 through March 31, 2024, and to access the Property to perform the Work with best industry practices. Unaccompanied minors are required to submit to the City a written permission and release from liability from parent or guardian. The exercising of this Right of Entry shall be done in such a manner as to not unreasonably interfere with any normal operations that may be conducted by the Port on the Property. The City shall restore the Property to the same condition prior to its activities on the Property at its sole cost and expense. 2. NON -EXCLUSIVITY. The parties agree that this Right of Entry is non-exclusive and is subject to all valid existing and future rights in the Property. The Port reserves the right to grant others the privilege to use the Property. JEW\11835\0002\00887692.v1 Packet Pg. 20 2.3.b 3. INDEMNIFICATION. The City shall indemnify and hold the Port harmless from any and all claims, causes of action, judgments, damages, costs, and expenses, including reasonable attorney fees, which occur — in whole or in part — as a result of the City, its consultants, employees and/or contracted registered volunteers exercising the rights created by this Right of Entry. 4. INSURANCE. The City shall maintain liability insurance coverage, the scope of which shall include claims that may arise under this Agreement with coverage limits of at least one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property damage liability and with an annual aggregate of at least two million dollars ($2,000,000.00). Evidence of such insurance compliance shall be provided to the Port upon request. PORT OF EDMONDS Robert McChesney Executive Director Dated: , 2021 STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) CITY OF EDMONDS By Mike Nelson Mayor Dated: 2021 I certify that I have evidence that Mike Nelson is the person who appeared before me, and he acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF EDMONDS to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 2021 PRINTED NAME: NOTARY PUBLIC in and for the State of Washington. My commission expires: 2 JEWU 1835\0002\00887692.v1 Packet Pg. 21 2.3.b STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that Robert McChesney is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of the PORT OF EDMONDS, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 2021 PRINTED NAME: NOTARY PUBLIC in and for the State of Washington. My commission expires: JEW\11835\0002\00887692.v1 Packet Pg. 22 2.4 City Council Agenda Item Meeting Date: 04/13/2021 Presentation of a Local Agency Professional Services Agreement with CM Design Group, LLC for the 76th Ave Overlay project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On February 16, 2021, City Council approved an Interlocal Agreement with the City of Lynnwood for this project. Staff Recommendation Forward item to the April 20th consent agenda for City Council approval. Narrative The project consists of a full -width grind and a 2-inch pavement overlay on 76th Ave from 196th St. SW/ SR-524 to Olympic View Dr. This project also includes upgrading all noncompliant ADA curb ramps within the project limits. The east side of the street is within City of Lynnwood and will be incorporated into the project. The Cities of Edmonds and Lynnwood signed an Interlocal Agreement (ILA) on February 19t", 2021 establishing a cooperative relationship to complete the work. Both Cities chose to pave the road under one contract rather than two separate ones. By performing the work under one contract, the final product will be of higher quality and more cost effective for each City. The City published a Request for Qualifications (RFQ) in accordance with the City's Purchasing Policy to design the project. The City received statement of qualifications from three firms and the selection committee chose CM Design Group, LLC based on their qualifications and experience. The design phase of the project is scheduled to be completed by December of 2021 and construction should follow in spring or summer of 2022. The City negotiated a fee of $150,529 to complete the design work. The fee includes a 10% management reserve that will only be authorized if there is a need for changes or additions to the scope of work. The City was successful in securing a federal grant in 2018 to fund a significant portion of the Edmonds' portion of the project. A local match is required for the grant and will be funded by the REET 126 Fund. Lynnwood will be paying for its side of the corridor with local funds. Attachments: Packet Pg. 23 2.4 Exhibit 1, Lynnwood Project Area Exhibit 2 - LAG Contract - 76th Ave West Packet Pg. 24 ATTACHMENT 1 - LYNNWOOD PROJECT AREA2.4.a-] ZIT. SEE DETAILA 44 y l a Aft , �a A Ai yry 7s 1 I lip EDMONDS _ •. is SEE DETAIL B 7. - is a� a Packet Pg. 25 2.4.b Local Agency A&E Professional Services Negotiated Hourly Rate Consultant Agreemen Agreement Number: Firm/Organization Legal Name (do not use dba's): CM Design Group, LLC Address Federal Aid Number 1318 East Pike Street STPUL-2511(005) UBI Number Federal TIN 603-160-915 45-4274608 Execution Date Completion Date 12/31 /22 1099 Form Required Federal Participation ❑ Yes ❑■ No ■❑ Yes ❑ No Project Title 76th Ave W Overlay - 196th to Olympic View Dr Description of Work This project includes pavement design and preparation of plans, specifications and estimates (PS&E) for the City of Edmonds' 76th Avenue West Pavement Preservation Project. The project limits are from 196th Street SW to Olympic View Drive (roughly 4,000 LF). The majority of the roadway will be rehabilitated by "grind and overlay", and some locations may have partial or total replacement. In addition to the pavement rehabilitation, the project will include utility adjustments, channelization, minor drainage improvements, curb & gutter repair/replacement, and ADA compliant curb ramps. Tasks on this project will include preparation of base maps, site analysis, pavement rehabilitation options alternatives, and preparation of a storm drainage report, PS&E documents, and MEF documentation for ADA curb ramp compliance. ❑ Yes ❑■ No DBE Participation Maximum Amount Payable: $150,528.17 ❑ Yes ❑■ No MBE Participation ❑ Yes ■❑ No WBE Participation ❑ Yes ❑i No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents &ihib Exhibit I Liability if3S'kraHe@ 1146r-@ifie Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 26 2.4.b THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Edmonds hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 27 2.4.b Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is, a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the a total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS >, perform a minimum of 30% of the total amount of this AGREEMENT. In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non -minority, woman owned DBEs does not count towards UDBE goal ■li�i All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Ryan Hague Agency: City of Edmonds Address: 121 5th Ave N City: Edmonds State: WA Zip: 98020 Email: ryan.hagueC)edmondswa.gov Phone: 425-771-0220 Facsimile:425-672-5750 IV. Time for Beginning and Completion If to CONSULTANT: Name: Catherine Mirkin Agency: CM Design Group Address: 1318 East Pike Street City: Seattle State: WA Zip: 98122 Email: catherine@cmdesign-sea.com Phone: 206-659-0612 ext 301 Facsimile: The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Local Agency A&E Professional Services Agreement Numbe Negotiated Hourly Rate Consultant Agreement Revised O110112020 1 Packet Pg. 28 2.4.b V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). A. Hourly Rates: Hourly rates are comprised of the following elements - Direct (Raw) Labor, Indirect Cost Rate, and Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's direct labor rates and indirect cost rate computations and agreed upon fee. The accepted negotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. The initially accepted negotiated rates shall be applicable from the approval date, as memorialized in a final written acknowledgment, to 180 days following the CONSULTANT's fiscal year end (FYE) date. The direct (raw) labor rates and classifications, as shown on Exhibits "D" and `E" shall be subject to renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days following FYE date) upon written request of the CONSULTANT or the AGENCY. The written request must be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such written request is made, the current direct (raw) labor rates and classifications as shown on Exhibits "D" and "E" will remain in effect for the twelve (12) month period. Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12 month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment between the parties. Such final written acknowledgment shall be incorporated into, and become a part of, this AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to aid in negotiations. If the parties cannot reach an agreement on the direct (raw) labor rates and classifications, the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and classifications that will applicable for the twelve (12) month period. The fee as identified in Exhibits "D" and "E" shall represent a value to be applied throughout the life of the AGREEMENT. The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect cost rate and/or extension will be considered on a case -by -case basis, and if granted, will be memorialized in a final written acknowledgment. The CONSULTANT shall maintain and have accessible support data for verification of the components of the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fee (profit) percentage. The CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus fee. 2 a Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 29 2.4.b A. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges, and fees of sub -consultants. Air or train travel will be reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and o all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of a Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -salary Costs shall :", include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT L shall maintain the original supporting documents in their office. Copies of the original supporting documents o shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES Q provided under this AGREEMENT. B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under co c this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one (1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, E "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. d C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates established in Exhibit "D," including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings E.Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt x of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or w bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in E connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be a performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's Project Manager. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 30 2.4.b VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgment between the parties All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest a The CONSULTANT warrants that they have not employed or retained any company or person, other than a c bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the a CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent 3 upon or resulting from the award or making of this contract. For breach or violation of this warrant, the Q AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the cOr- CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other N persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this w c AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of E this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. a Agreement Number: Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 31 2.4.b VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26 794) • RCW 49.60.180 • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be a deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 32 2.4.b The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 33 2.4.b to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tie , or any other persons for whom the STATE and /or the AGENCY may be legally liable; and provided further that if the claims a or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the a CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or vendors, of any tier, or any other persons for whom o the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's a agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between c CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. t, The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub - consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver. Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 34 2.4.b Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non- contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY 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 (14) days of the execution of this AGREEMENT to: Name: Ryan Hague Agency: City of Edmonds Address: 121 5th Ave N City: Edmonds State: WA Zip: 98020 Email: ryan.hague@edmondswa.gov Phone: 425-771-0220 Facsimile: 425-672-5750 No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third part, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 35 2.4.b XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General Requirements" prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to E be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting a material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 36 2.4.b XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub - consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained, and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information, which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 37 2.4.b The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;, (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is a generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub -consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub - consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim, or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTS, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 38 2.4.b For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 39 2.4.b Exhibit A Project No. See attached Scope of Wor) Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 40 2.4.b City of Edmonds 76t" Ave West Pavement Preservation Project Exhibit A — Scope of Services City of Edmonds Public Works Department April 6, 2021 QcOMt CM DESIGN GROUP Packet Pg. 41 2.4.b 761" Ave West Pavement Preservation Project Exhibit A — Scope of Services Scope of Work PROJECTDESCRIPTION....................................................................................................................................1 TASK 1. PROJECT MANAGEMENT AND COORDINATION...........................................................................3 A. PROJECT MANAGEMENT...................................................................................................................................3 B. PROJECT SCHEDULE AND UPDATES......................................................................................................................3 C. COORDINATION MEETINGS................................................................................................................................3 D. INVOICES.......................................................................................................................................................4 E. MONTHLY STATUS REPORTS..............................................................................................................................4 TASK2. BASE MAPPING............................................................................................................................5 A. GIS & MAPPING INFORMATION.........................................................................................................................5 B. TOPOGRAPHIC SURVEY.....................................................................................................................................5 C. FIELD DATA COLLECTION...................................................................................................................................6 D. BASE MAPS....................................................................................................................................................6 TASK 3. GEOTECHNICAL ANALYSIS............................................................................................................7 A. SUBCONSULTANT COORDINATION.......................................................................................................................7 B. GEOTECHNICAL REVIEW & OPTIONS ANALYSIS......................................................................................................7 TASK 4. ENVIRONMENTAL DOCUMENTATION..........................................................................................7 TASK5. PERMITS......................................................................................................................................8 TASK 6. UTILITY COORDINATION..............................................................................................................8 A. UTILITY COORDINATION....................................................................................................................................8 TASK7. STORM DRAINAGE.......................................................................................................................8 A. STORM DRAINAGE MEMO.................................................................................................................................8 TASK8. PS&E DESIGN...............................................................................................................................9 A. SITE EVALUATIONS...........................................................................................................................................9 B. OPTIONS ANALYSIS..........................................................................................................................................9 C. PS&E...........................................................................................................................................................9 TASK 9. MAXIMUM EXTENT FEASIBLE (MEF) DOCUMENTATION...............................................................4 A. DESIGN PROCESS DOCUMENTATION....................................................................................................................4 B. MEF DOCUMENT PREPARATION........................................................................................................................4 TASK 10. LAG MANUAL DOCUMENTATION.................................................................................................5 A. DESIGN PROCESS DOCUMENTATION....................................................................................................................5 TASK 11. BID SUPPORT...............................................................................................................................5 Packet Pg. 42 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services Project Description This project includes pavement design and preparation of plans, specifications and estimates (PS&E) for the City of Edmonds 76th Avenue West Pavement Preservation Project. The project limits are: 196th Street SW to Olympic View Drive (roughly 4,000 LF) 76th Avenue West is a two/three-lane arterial adjacent to residential properties at the north end of the corridor, and commercial properties at the south end. The east side of the road and the south 90' of the project limits are within the City of Lynnwood and the west side of the road is in the City of Edmonds. The City of Edmonds portion of the project will be federally funded and the City of Lynnwood portion of the project will be paid for with local funds. The majority of the roadway will be rehabilitated by "grind and overlay", and some locations will have partial or total replacement. The design method will be determined during the pavement analysis phase of the project. In addition to the pavement rehabilitation, the project will include utility adjustments, channelization, minor drainage improvements, curb & gutter repair/replacement, and ADA compliant curb ramps. Project limits will extend from the north leg of 1961h Street SW to the south leg of Olympic View Drive. No traffic signals will be impacted as part of this project, but traffic loops may. Curb ramp design will be required at the following locations: 195th St SW - NW and SW quadrants only ➢ 194th St SW - all four quadrants ➢ 193td St SW - NW and SW quadrants only ➢ 1915Y St SW - NW and SW quadrants only ➢ 75th PI W — all four quadrants ➢ Olympic View Drive — SE and SW quadrants only A new curb return will be designed for the southwest quadrant of 76th Ave West and Olympic View Drive Minor curb, sidewalk and storm drainage repair/improvements will also be shown on the plans. Tasks on this project will include preparation of base maps, site analysis, pavement rehabilitation options alternatives, and preparation of a storm drainage report, PS&E documents, and MEF documentation for ADA curb ramp compliance. Work for each task will be separated into City of Edmonds and City of Lynnwood work and will be invoiced to reflect that work breakdown. DELIVERABLES FURNISHED BY THE CONSULTANT Schedule Progress meetings/site evaluations Monthly invoices Monthly status reports 4/6/2021 1 Packet Pg. 43 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services ❑ 50% PS&E submittal ❑ 90% PS&E submittal ❑ 95% PS&E submittal for WSDOT Local Programs review ❑ 100% PS&E submittal ❑ Final PS&E submittal ITEMS FURNISHED BY THE CITY ❑ All existing plans, reports and data that relate to the recent asphalt overlay projects ❑ Electronic copy of all available aerial and utility basemapping backgrounds in AutoCAD format within the project limits ❑ Electronic copy of boilerplate construction contract and special provisions ❑ City will provide printing of final PS&E paper documents for bid advertisement or distribution to contractor DESIGN CRITERIA ❑ City of Edmonds Public Works Department Standard Details ❑ AASHTO (2011 Edition) ❑ WSDOT Local Agency Guidelines (LAG Manual — M36-63) ❑ WSDOT Standard Specifications (2022) ❑ WSDOT Standard Plans ❑ AutoCAD Civil 3D 2020 ❑ Microsoft Office 365 4/6/2021 2 Packet Pg. 44 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services Task 1. Project Management and Coordination A. Project Management The CONSULTANT is responsible for project management of the various work elements described within this document. These responsibilities shall include but shall not be limited to: • Communication with team members. Identification of project scope changes and immediate discussion of them with CITY staff. Development and maintenance of a project budget. If events that are outside the control of the CONSULTANT increase project cost, the CONSULTANT'S project manager shall immediately notify CITY staff and work towards a resolution. Task breakdown: 50% City of Edmonds 50% City of Lynnwood B. Project Schedule and Updates The CONSULTANT shall develop a schedule to track progress of the PS&E development. The schedule shall establish dates for the QA/QC process and PS&E, as well as dates when CITY action is required. The schedule shall be developed based on a project advertisement no later than November 24, 2021. This information shall be developed using MS Project. The schedule timing and sequencing in this contract is subject to adjustment by the CITY, as affected by cash flow, mitigation, or other factors that may influence the scheduling of work. Any adjustment in the schedule shall be coordinated between the CITY and the CONSULTANT. No modifications shall be made to the schedule without prior written approval from the CITY. The CONSULTANT will develop strategies/recommendations for keeping the project on schedule and within budget if changes are required. ASSUMPTIONS Major Milestones will include the following: ❑ Notice to Proceed — no later than May 3, 2021 ❑ Ad Date — no later than November 24, 2021 DELIVERABLES ❑ Progress schedule — Project Schedule in MS Project format — one electronic and one hard copy. Task breakdown: 50% City of Edmonds 50% City of Lynnwood C. Coordination Meetings Coordination meetings shall be conducted as needed, and it is assumed there will be three (3) general coordination meetings. The CONSULTANT shall provide the CITY with an agenda for each progress meeting at least two (2) working days prior to the meeting. The CONSULTANT shall be responsible for taking minutes at all meetings and shall supply the CITY with a copy of the notes. 4/6/2021 3 Packet Pg. 45 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services Because the project is located within the City of Edmonds and the City of Lynnwood, it is assumed there will be two (2) coordination meetings with the City of Lynnwood. It is assumed one (1) field meeting at the project site will be conducted during the project. Coordination with citizens and property owners along the project length will be the responsibility of the CITY. Any questions by these parties shall be referred to the CITY. As the property owner meetings occur, design information and needs obtained from those meetings will be incorporated into the design. The CONSULTANT shall address the project schedule at each meeting and provide a status report for the project in terms of meeting the schedule. If the project is behind schedule, due to the CONSULTANT, CITY or outside forces, the CONSULTANT shall provide a recovery strategy at each meeting. All project meetings will be virtual with the exception of the field meeting. DELIVERABLES ❑ Schedule and notify participants for Team Status Meetings Task breakdown: 50% City of Edmonds 50% City of Lynnwood D. Invoices The CONSULTANT shall be proactive in discussing any potential budget problems and may present alternatives or make recommendations to alleviate the problem. Monthly invoices for work completed to date will be submitted to the CITY. The invoices shall summarize budget, expenditures and percent expended for deliverable tasks during the billing period, percent expended of overall project elements and shall contain all elements outlined in the project contract. Invoices shall be submitted in accordance with the WSDOT LAG Manual and with the Monthly Status Report. DELIVERABLES ❑ Monthly invoices —one hard copy Task breakdown: 50% City of Edmonds 50% City of Lynnwood E. Monthly Status Reports Monthly status reports shall be submitted with invoices. The status reports shall summarize activities completed for each task during the billing period and anticipated deliverables for the next month. The CONSULTANT shall also summarize in the monthly status reports problems encountered and actions taken for their resolution, potential future delays, and issues/activities requiring CITY direction. Any elements that may impact project completion time and cost shall be highlighted. The CONSULTANT shall enter all payment information into the WSDOT DMCS each month. The information entered by the CONSULTANT shall include amounts received from the CITY and amounts paid 4/6/2021 4 Packet Pg. 46 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services to all subconsultants. Subconsultants shall confirm the payment amount and date payment was received from the CONSULTANT each month in the DMCS system. DELIVERABLES ❑ Monthly status reports — one hard copy ❑ Monthly DMCS Compliance in accordance with WSDOT LAG Manual Task breakdown: 50% City of Edmonds 50% City of Lynnwood Task 2. Base Mapping A. GIS & Mapping Information The CONSULTANT will collect available GIS, as -built information (in AutoCAD and/or hard copy format), and aerial mapping available from the CITY and set up the basemap drawings based on that information. B. Topographic Survey The SUBCONSULTANT shall complete a topographic survey for curb ramp design as described below for the following locations within the project limits: ❑ 195th St SW - NW and SW quadrants only ❑ 1941h St SW - all four quadrants ❑ 193rd St SW - NW and SW quadrants only ❑ 191" St SW - NW and SW quadrants only ❑ 75th PI W — NE, SE, and SW quadrants only ❑ Olympic View Drive — SE and SW quadrants only The limits of survey at each intersection shall extend for a minimum distance of twenty (20) feet from the PC/PT of each curb return. In the vicinity of each curb return location the CONSUTLANT shall survey the top and bottom of curb, gutter pan and roadway surface shots at 5-foot intervals. The roadway surface (pavement shots) shall extend into the roadway four feet from face of gutter. The survey shall extend to 5' beyond the back of the existing sidewalk or to the face of building, whichever is first. Topographic survey of the face of gutter (both sides of 76' Ave West) and roadway centerline at 25' intervals through the two horizontal curves that extend from roughly 1915T PI SW to 18819 76th Ave West (Lynnwood). All survey work shall be conducted in accordance with the CITY standards and requirements and shall utilize the CITY provided horizontal and vertical datums. Survey Details: Horizontal control: Horizontal Datum NAD83(91), Vertical Datum NAVD88 Roadway centerline: Roadway centerline, stations and street names, bearing & distances between monuments, when possible to obtain without closing lanes. 4/6/2021 5 Packet Pg. 47 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services Right-of-way, property lines & easements: Right-of-way lines from GIS or offset from centerline, property addresses Transportation: Pavement, driveways, curb & gutter;, crosswalks; joints between different pavement types; ADA ramps, sidewalk limits; traffic signal equipment including junction boxes, loops (if any), PPBs, and poles. Utilities: Surface and underground locations of water, sewer, storm drain; gas & electric; telecommunications such as utility manholes, vaults, inlets valves catch basins, hydrants, cleanouts, and the like. ASSUMPTIONS • Mapping will be prepared in AutoCAD 2020. • CITY GIS and/or as -built data will be used only to depict property lines and rights -of -way. • Property or Right -of -Way determination will not be included in the survey work. • Preparation or analysis of legal description is not included in the work. DELIVERABLES • Topographic Survey of project intersections and selected streets as described herein. • Land XML files of everything in the Project Area C. Field Data Collection The CONSULTANT shall construct a project centerline for the basemap with stationing beginning at an identifiable point as determined by monuments or curb extensions from an intersecting street. The construction stationing will be generated using a wheel counter in the field. Distances will be verified by scaling the CITY -provided plans or aerial photographs. While in the field generating the centerline stationing, the CONSULTANT shall also record all surface features from back of sidewalk to back of sidewalk or where no curb and sidewalk exists, five feet outside of the edge of pavement. This shall include utilities, driveway locations, intersecting street locations, and channelization. D. Base Maps The CONSULTANT shall use the data collected in items A, B and C above to complete the basemap preparation at a scale of one (1) inch equals thirty (30) feet for the corridor. Task breakdown: 50% City of Edmonds 50% City of Lynnwood Surveyed corners in Edmonds: 10—will be reflected in surveyfee Surveyed corners in Lynnwood: 4—will be reflected in survey fee Task breakdown: 50% City of Edmonds 50% City of Lynnwood 4/6/2021 6 Packet Pg. 48 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services Task 3. Geotechnical Analysis A. Subconsultant Coordination The CONSULTANT will coordinate with SUBCONSULTANT to provide geotechnical information (see attached scope of work). B. Geotechnical Review & Options Analysis The CONSULTANT will review the geotechnical analysis and work with SUBCONSULTANT to develop and analyze options for pavement rehabilitation. The SUBCONSULTANT will: ➢ Perform visual assessment of alignment, mark three pavement core locations and arrange utility locates ➢ Prepare street use permit application and traffic control plans and submit to City of Edmonds and City of Lynnwood for approval ➢ Perform pavement coring at 3 locations using a 6-inch diameter core barrel. Shallow excavations using hand digging equipment will be performed to assess base course and subgrade ➢ Pavement cores will be patched with non -shrink grout. ➢ Prepare photographic pavement core logs and present in a letter report along with recommendations for overlay and reconstruction. Task breakdown: 50% City of Edmonds 50% City of Lynnwood Task 4. Environmental Documentation The CONSULTANT will coordinate with the CITY to determine the environmental documentation required for this project. It is assumed this project will be a NEPA Documented Categorical Exclusion which requires the preparation of an Environmental Classification Summary (ECS). The CONSULTANT will prepare a draft ECS for CITY review. CITY comments will be incorporated into the ECS and a final ECS document will be prepared by the CONSULTANT. The CITY will submit the ECS to WSDOT Local Programs. DELIVERABLES Draft ECS Final ECS Task breakdown: 100% City of Edmonds — for federal funding compliance 4/6/2021 7 Packet Pg. 49 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services Task 5. Permits The CONSULTANT will prepare a City of Lynnwood Right -of -Way Permit for the project. The CITY will submit the permit to the City of Lynnwood for approval. The CONTRACTOR will pick up the permit prior to construction. DELIVERABLES ❑ City of Lynnwood Right -of -Way Permit Task breakdown: 100% City of Lynnwood —for City of Lynnwood requirements Task 6. Utility Coordination A. Utility Coordination The CONSULTANT will coordinate with other utilities including water, sanitary sewer, stormwater, power, gas, telephone, cable television, and other fiber owners located in the limits of the project. Coordination shall include notifying utilities of upcoming work and coordinating proposed utility improvements, adjustments and relocations required by this project. DELIVERABLES ❑ Notification letter to utilities ❑ Conversation summaries to City Task breakdown: 50% City of Edmonds 50% City of Lynnwood Task 7. Storm Drainage A. Storm Drainage Memo The Consultant shall prepare a Storm Drainage Memo that summarizes the following information: • Project description • Drainage overview ASSUMPTIONS ❑ Detention and water quality treatment, and upgrades to the existing storm sewer system will not be required for this project. ❑ The Storm Drainage Memo will be limited to roughly a three to five page document including figures. 4/6/2021 8 Packet Pg. 50 2.4.b 761h Ave West Pavement Preservation Project Exhibit A — Scope of Services DELIVERABLES ❑ One (1) hard copy of the Storm Drainage Memo and calculations at the time of the 50% PS&E submittal ❑ One (1) hard copy of the final Storm Drainage Memo and calculations at the time of the 90% PS&E submittal. Task breakdown: 100% City of Lynnwood —for City of Lynnwood requirements Task 8. PS&E Design A. Site Evaluations The CONSULTANT shall review on -site conditions for the corridor to identify the specific construction items to be included in the project improvements including paving limits, pavement repair areas, utility castings, pavement markings, and edge treatments. B. Options Analysis The CONSULTANT shall prepare an Options Analysis at roughly the 50% design phase. The Options Analysis will include initial base mapping, site evaluations, geotechnical data, and cost comparisons for up to three different paving options for the 76t" Ave West corridor. Paving options to be considered will include alternatives to a 2" mill and fill of the entire roadway. Options may include pavement repair sections for distressed areas, no work on bike lanes, parking lanes, or two -way -left -turn lanes, varying pavement sections throughout the corridor and other options that will maximize the final paving product throughout the entire corridor while maintaining the project budget. Prior to starting the Options Analysis phase, the CONSULTANT and CITY shall meet to discuss parameters for the options analysis and what types of options should be considered and evaluated. The Options Analysis will be submitted for review by the CITY. The CITY will provide comments and select a preferred alternative. The CONSULTANT shall update the Options Analysis by addressing comments from the CITY and outlining the preferred alternative. C. PS&E PLANS, SPECIFICATIONS & ESTIMATES (PS&E) A Basis of Design memo will be used to document design decisions, provide background information to support to the design process, and outline issues to be resolved. The memo will be provided with the 50% and 90% submittals. Plan Sheet size shall be 22 Inches, height, by 34 Inches, width. Plan Sheets will be prepared at a scale of 1" = 30'. The drawing scales, lettering, and general delineation of the plans will render legible reproduction at half scale (11" x 17" size). 4/6/2021 9 Packet Pg. 51 6th Street South Rehabilitation 2.4.b Exhibit A — Scope of Services The CONSULTANT will be supplied with a "Boiler Plate" version of the CITY Project Manual. The CONSULTANT will edit the "Boiler Plate" version, by supplementing as necessary with project specific information, and by deleting unnecessary special provisions. The CITY shall provide the CONSULTANT with review comments after each milestone submittal. Comments shall be compiled by the CITY. The CONSULTANT shall provide a response for each CITY comment. If there is not clear direction in the comment or there are conflicting comments the CONSULTANT shall provide the CITY with options for how to resolve the issue raised in the comment. The CONSULTANT will implement at QA/QC program and document the process at each milestone submittal QA/QC documents will be submitted to the CITY at each milestone. COVER SHEET, INDEX AND PROJECT LOCATION MAP Shall include an index listing plan sheet titles as they appear in the plan set, city map and project location, project title, and contract bid number as may be applicable. The vicinity map illustrating the project limits shall be shown on the map on the cover sheet (Assume 1 sheet). LEGEND AND GENERAL NOTES SHEET Provide legend and general notes for the project (Assume 1 sheet) OVERLAY/CHANNELIZATION PLANS (1"=30') Provide roadway plans for the work illustrating all roadway design elements including pavement repair areas, grinding, pavement recycling, paving limits, minor drainage improvements, utility adjustments, minor curb and gutter replacement, edge treatment and channelization. The top view of the plan sheet will show the overlay design and the bottom view will show the channelization design (Assume 11 sheets) CURB RAMP PLANS (1"=10') Provide curb ramp plans for the work illustrating the layout and grading for curb ramps. Plans shall include existing and proposed elevations at tie-in locations, ramp and landing elevations and slopes, and dimensions for all ramp features. (Assume 8 sheets) TRAFFIC CONTROL AND PEDESTRIAN DETOUR PLANS (NTS) Provide traffic control and pedestrian detour plans for construction zones utilized during the project. (Assume 8 sheets) MISCELLANEOUS DETAILS SHEET Provide details for construction elements (Assume 2 sheets) The anticipated sheet list is: Sheet No. Description 1 Cover Sheet, Index and Project Location Map 2 Legend and General Notes 3-13 Overlay/Channelization Plans 19-21 Curb Ramp Plans 22-26 Traffic Control Plans 27-28 Miscellaneous Details 4/6/2021 Packet Pg. 52 6th Street South Rehabilitation 2.4.b Exhibit A — Scope of Services 50% PS&E SUBMITTAL The CONSULTANT shall submit one (1) Basis of Design memo; one (1) electronic set of half-size plans, one (1) electronic copy of the specification package, one (1) electronic copy of the estimate, and one (1) electronic set of QA-QC documents for the 50% design. The estimate shall be used by the CITY to determine which locations will be included in the 90% PS&E Submittal. 90% PS&E SUBMITTAL The CONSULTANT shall submit one (1) Basis of Design memo; one (1) electronic set of half-size plans, one (1) electronic copy of the specification package, one (1) electronic copy of the estimate, and one (1) electronic set of QA-QC documents for the 90% design. This submittal shall be the complete PS&E and shall include all drawings, quantities, the specification package, and the estimate. 95% PS&E SUBMITTAL TO WSDOT LOCAL PROGRAMS The CONSULTANT shall submit one (1) electronic set of half-size plans, one (1) electronic copy of the specification package, one (1) electronic copy of the estimate, and one electronic set of QA-QC documents for the 90% design. This submittal shall be the complete PS&E and shall include all drawings, quantities, the specification package, and the estimate. 100% PS&E SUBMITTAL The CONSULTANT shall submit one (1) electronic set of half-size plans, one (1) electronic copy of the specification document, one (1) electronic copy of the estimate and one (1) electronic copy of the QA-QC documents for the 100% design. This submittal shall be the complete PS&E and shall include all drawings, quantities, the specification package, and the estimate. FINAL PS&E SUBMITTAL The CONSULTANT shall submit one (1) electronic set of half-size plans, one (1) electronic copy of the specification document, and one (1) electronic copy of the estimate for the FINAL PS&E, which shall include all drawings complete, the CONSULTANT's stamp and signature, the quantities complete, the specifications package ready to advertise for bid, and the final Engineer's estimate of cost. An electronic copy of the final submittal will also be uploaded by the CONSULTANT to Builder's Exchange. ASSUMPTIONS ❑ PS&E submittals shall be electronic ❑ All reproduction costs for plans and specs will be reimbursed by the CITY. ❑ Construction Estimates will be prepared in accordance with the City's estimating policy ❑ PS&E documents will be prepared in accordance with the WSDOT LAG Manual ❑ Separate Bid Schedules for the City of Edmonds (federal participating) and City of Lynnwood (non- participating) will be used. DELIVERABLES ❑ 50% PS&E Submittal ❑ 90% PS&E Submittal ❑ 95% PS&E Submittal to WSDOT Local Programs ❑ 100% PS&E Submittal ❑ Final PS&E Submittal ❑ Electronic backup (Excel format) for quantity tabulations and unit cost prices broken out separately for each street at the 90%, 100% and Final Submittals Task breakdown: 50% City of Edmonds 50% City of Lynnwood 4/6/2021 Packet Pg. 53 6th Street South Rehabilitation 2.4.b Exhibit A — Scope of Services Breakdown justification: More ramp design in Edmonds, Traffic Control Plans required for Lynnwood Task 9. Maximum Extent Feasible (MEF) Documentation A. Design Process Documentation The CONSULTANT will document the existing and proposed ramp upgrades using the WSDOT MEF Worksheet template spreadsheet or similar spreadsheet provided by the CITY. The following information will be documented based on the existing conditions and the proposed ramp design: ➢ Ramp locations ➢ Ramp dimensions ➢ Ramp slopes ➢ Landing conditions ➢ Curb height The CONSULTANT will attend one (1) field meeting with WSDOT and City of Edmonds staff to review existing ramp conditions and develop a conceptual design approach for existing non -compliant ADA curb ramps. Design decisions will be documented during the design process so they can be incorporated in to the MEF documentations. B. MEF Document Preparation The CONSULTANT will develop the MEF Document that outlines the existing and proposed ramp conditions, compliance with ADA requirements and provides a narrative "Maximum Extent Feasible" justification for non - complaint ramps. The document will include existing and proposed ramp design information as well as a narrative describing design considerations, options and analysis that were evaluated to determine the "maximum extent feasible" was reached. A draft document will be prepared after the 90% submittal and a final document will be submitted with the 100% submittal. DELIVERABLES MEF Document — Draft (at 90% submittal) MEF Document — Final (at 100% submittal) Task breakdown: 67% City of Edmonds — based on number of ramps in Edmonds 33% City of Lynnwood — based on number or ramps in Lynnwood 4/6/2021 4 Packet Pg. 54 6th Street South Rehabilitation 2.4.b Exhibit A — Scope of Services Task 10. LAG Manual Documentation A. Design Process Documentation The CONSULTANT will complete the following LAG Manual documents for review and submittal to WSDOT by the CITY: • Project Development Checklist • Local Agency Design Matrix Checklist - LAG Manual Appendix 42.101 • Local Programs PS&E Checklist and all non-standard Division 1 special provisions to be submitted with 90% PS&E, 95%PS&E, 100%PS&E and Final PS&E submittals. Task breakdown: 100% City of Edmonds —to comply with federal funding requirements Task 11. Bid Support The CONSULTANT shall post the bid documents on Builders Exchange together with all, if any, amendments and/or bidder questions and answers. The CONSULTANT shall provide responses to bidder questions during the bid phase. The CONSULTANT shall prepare addenda in City format as required. CONSULTANT will not charge for addenda if they are needed to correct or clarify errors or omissions in the bid documents. DELIVERABLES ❑ Electronic copies of addenda in PDF format ❑ Electronic copies of signed final PS&E documents in PDF format Task breakdown: 50% City of Edmonds 50% City of Lynnwood 4/6/2021 5 Packet Pg. 55 2.4.b Exhibit B DBE Participation Plar In the absence of a mandatory UDBE, the Consultant shall continue their outreach efforts to provide SBt maximum practicable opportunities. Not applicable Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 56 2.4.b Exhibit C Preparation and Delivery of Electronic Engineering and Other Date In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data See Exhibit A B. Roadway Design Files AutoCAD Civil 3D 2020 per CM Design Group Standards C. Computer Aided Drafting Files AutoCAD Civil 3D 2020 per CM Design Group CAD Standards Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 57 2.4.b D. Specify the Agency's Right to Review Product with the Consultant WSDOT Local Programs and City of Edmonds representatives will review all deliverables and published work products. E. Specify the Electronic Deliverables to Be Provided to the Agency See Exhibit A F. Specify What Agency Furnished Services and Information Is to Be Provided See Exhibit A Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 58 2.4.b K Any Other Electronic Files to Be Provided Electronic products to be provided in the following formats: .xlsx, .docx., .pdf, .pptx, .mpp, .html III. Methods to Electronically Exchange Data email, ftp site, SharePoint site, USB drive, CD or DVD Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 59 2.4.b A. Agency Software Suite Microsoft Office B. Electronic Messaging System Not applicable C. File Transfers Format email, ftp site, SharePoint site, USB drive, CD or DVD Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 60 2.4.b Exhibit D Prime Consultant Cost Computation; See attached Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 61 2.4.b AM Washington State v. Department of Transportation November 24, 2020 Catherine Mirkin, Principal CM Design Group, LLC 1318 East Pike St. Seattle, WA 98122-4020 Re: CM Design Group, LLC Safe Harbor Indirect Cost Rate Extension Dear Ms. Mirkin: Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-6388 www.wsdot.wa.gov Washington State has received approval from our local Federal Highway Administration (FHWA) Division to continue administering the "safe harbor" indirect cost rate program on engineering and design related service contracts, as well as for Local Public Agency projects. We completed our risk assessment for CM Design Group, LLC in October 2014. Our assessment was conducted based on the documentation provided by the firm. The reviewed data included, but was not limited to, a description of the company, basis of accounting, accounting system and the basis of indirect costs. Based on our review, we found the firm eligible to use the Safe Harbor rate. CM Design Group opted to use the Safe Harbor rate, rather than provide a FAR -compliant rate. Based on further review and discussion with the firm, we are issuing an extension of the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where applicable, of 80% of direct labor for CM Design Group. CM Design Group agreed to improve Internal Controls and timekeeping processes to be able to develop an Indirect Cost Rate Schedule in the future in accordance with the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered into prior to June 30, 2021. For agreements entered into after this date, please contact the WSDOT Consultant Services Office (CSO) or our office for guidance. The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs contact if you have questions about when to apply the Safe Harbor rate to your agreement. If you have any questions, please contact Steve McKerney or me at (360)705-7003. Sincerely, SchatzieTarvey, CPA Agreement Compliance Audit Manager cc: Steve McKerney, Director of Internal Audit Larry Schofield, MS 47323 File Packet Pg. 62 A�cConsultant Fee Calculation Worksheet k co CM DESIGN GROUP City of Edmonds 2.4.b 76th Ave W Overlay - 196th to Olympic View Drive Weighted Guidelines Factor Rate Weight Value Degree of Risk 25 0.25 6.25 Relative Difficulty of Work 21 0.2 4.2 Size of Job 15 0.34 5.1 Period of Performance 15 0.25 3.75 Assistance by the State 15 0.35 5.25 Sub -consulting 10 0.25 2.5 Totall I27 Packet Pg. 63 G Exhibit B - Fee Estimate (t c co CM DESIGN GROUP City of Edmonds 76th Avenue West Pavement Preservation Project 4/6/ Task Principal -in -Charge Project Manager Design Engineer 3 Design Engineer 1 Edmonds Lynnwood Edmonds I Lynnwood Edmonds I Lynnwood Edmonds I Lynnwood Labor Hours_ ' Rate $85.00 $62.00 $36.50 $34.50 I 1 PROJECT MANAGEMENT & COORDINATION A. Project Management 2.0 2.0 1.0 1.0 $413.0( B. Project Schedule & Updates 1.0 1.0 $170.0( C. Coordination Meetings 6.0 6.0 1.0 1.0 $1,093.0( D. Invoices 6.0 6.0 $1,020.0( E. Monthly Progress Reports 6.0 6.0 $1,020.0( $3,716.0( i 2 SURVEYING & BASE MAPPING - OVERLAY A. GIS & mapping information 1.0 1.0 4.0 4.0 $462.0( B. Topographic survey 1.0 0.5 3.0 1.0 $273.5( C. Field data collection 6.0 6.0 $438.0( D. 3 Basemap preparation GEOTECHNICAL 8.0 8.0 $584.0( $1,757.5( A. Coordinate with Subconsultant 1.0 1.0 $170.0( Review and options analysis 2.0 2.0 $340.0( 4 ENVIRONMENTAL A. Draft ECS 4.0 20.0 $1,070.0( Final EC S 2.0 8.0 $462.0( , 5 PERMITS A. City of Lynnwood Grading Permit 2.0 8.0 $462.0( 6 UTILITY COORDINATION A. Notification Letters 1.0 4.0 $231.0( 7 Coordination/communication with utilties STORMWATER MEMO 1.0 4.0 $231.0( ' $462.0( A. Draft Stormwater Memo 2.0 16.0 $754.0( Final Stormwater memo 1.01 4.0 20.0 $231.0( 8 PS&E DESIGN - OVERLAY A. Site Visits 4.0 4.0 $394.0( , B. Options Analysis Meeting with City 0.5 0.5 0.5 0.5 $121.5( Develop Options 3.0 3.0 8.0 $802.0( Develop Costs 2.0 2.0 4.0 $486.0( , Prepare Memo 1.0 1.01 8.0 1 $462.0( I C. PS&E 50% Design Cover sheet and index 1.0 1.0 $69.0( Notes and legend 1.0 1.0 $69.0( ; Overlay/channelization plans 4.0 4.0 40.0 40.0 16.0 16.0 $4,704.0( ; Curb ramp plans 3.0 1.0 20.0 10.0 $1,343.0( RRFB plan 2.0 2.0 8.0 8.0 $924.0( Traffic control plans 3.0 1.0 12.0 12.0 $1,124.0( Miscellaneous details 0.5 0.5 2.0 2.0 $231.0( Specifications Engineer's estimate / quantities 2.0 2.0 2.0 12.0 12.0 $1,294.0( Basis of Design memo 2.0 2.0 6.0 6.0 $778.0( QA-QC documentation 4.0 4.0 $496.0( 50% design submittal production Sub Task (50% Design) Total 12.0 100.0 90.0 1.0 1.0 19.0 19.0 $69.0( $11,101.00 Page 1 of 3 Packet Pg. 64 G Exhibit B - Fee Estimate k c co CM DESIGN GROUP City of Edmonds 76th Avenue West Pavement Preservation Project 4/6/ Task Principal -in -Charge Project Manager Design Engineer 3 Design Engineer 1 Edmonds Lynnwood Edmonds I Lynnwood Edmonds I Lynnwood Edmonds I Lynnwood Labor Hours_ Rate $85.00 $62.00 $36.50 $34.50 90% Design Cover sheet and index 0.5 0.5 $34.5( Notes and legend 1.0 1.0 $69.0( Overlay/channelization plans 4.0 4.0 32.0 32.0 16.0 16.0 $4,120.0( Curb ramp plans 3.0 1.0 50.0 25.0 $2,985.51 RRFB plan 2.0 2.0 4.0 4.0 $632.0( Traffic control plans 3.0 1.0 12.0 16.0 $1,270.01 Miscellaneous details 0.5 0.5 4.0 4.0 $377.0( Specifications 12.0 8.0 $1,700.01 Engineer's estimate / quantities 2.0 2.0 2.0 12.0 12.0 $1,294.01 Basis of Design memo 2.0 2.0 6.0 6.0 $778.0( QA-QC documentation 4.0 4.0 $496.0( 90% design submittal production -Task (90% Design) T 95% Submittal to WSDOT/Local Programs 22.5 8.0 99.0 1.0 1.0 $69.0( Address 90% plan comments 2.0 2.0 16.0 20.0 8.0 8.0 $2,206.01 Specifications 8.0 4.0 6.0 $1,392.01 Engineer's estimate / quantities 1.0 2.0 2.0 $231.0( QA-QC documentation 2.0 2.0 $248.0( 95% design submittal production Sub -Task (95% Design) To 100% Design 1.0 22.0 1.0 1.0 $154.0( Address 95% plan comments 2.0 2.0 6.0 8.0 4.0 4.0 $1,127.01 Specifications 4.0 2.0 6.0 $882.0( Engineer's estimate / quantities 0.5 0.5 2.0 2.0 $208.0( QA-QC documentation 2.0 2.0 $248.0( 100% design submittal production Sub -Task (100% Desig Final Contract Documents 6.0 MM 1.0 1.0 .0 $69.0( $2,534.01 Incorporate 100% review comments 1.0 1.0 4.0 4.0 2.0 2.0 $600.0( Prepare Ad -ready PS&E submittal 1.0 1.0 4.0 4.0 $454.0( Upload documents to Builder's Exchange Sub -Task (Final Contract) To MEF Documents 1 0.5 0.5 4 . 278.5 4.0 2.0 53.5 $85.0( $1,139.01 $35,095.5( 9 A. MEF Documentation - Draft 1.0 0.5 8.0 4.0 $531.0( MEF Documentation - Final 1.0 0.5 8.0 4.0 $531.0( 10 LAG Manual Documentation A. Project Development Checklist 8.0 $680.0( Local Agencies Plans Prep Checklist 8.0 $680.0( 11 BID SUPPORT Post bid documents 0.5 0.5 $85.0( Repsond to bidder questions 1.0 1.0 $170.0( Prepare addenda 1.0 1.0 $170.0( Ta PROJECTTOTALS 110.5 46.5 21.5 361.5 274.5 57.5 53.5 $47,367.0( Page 2 of 3 Packet Pg. 65 CM DESIGN GROUP Direct Salary Cost Exhibit B - Fee Estimate City of Edmonds 2021 Overlay Program Hours Summary 4/6/2 2.4.b Edmonds Lynnwood Classification Hrs. Rate Cost Cost Principal -In -Charge Edmonds 110.5 $85.00 $9,392.50 Lynnwood 79.0 $85.00 $6,715.00 i Project Manager Edmonds 46.5 $62.00 $2,883.00 ' Lynnwood 21.5 $62.00 $1,333.00 Design Engineer 3 Edmonds 361.5 $36.50 $13,194.75 Lynnwood 274.5 $36.50 $10,019.25 Design Engineer 1 Edmonds 57.5 $34.50 $1,983.75 Lynnwood 53.5 $34.50 $1,845.75 Subtotals 1004.5 $27,454.00 $19,913.00 Safe Harbor Rate 110% $30,199.40 $21,904.30 Fixed Fee 27% $7,412.58 $5,376.51 Total $65,065.98 $47,193.81 Direct Non -Salary Cost Reproduction, Plans 0 Sheets @ $4.00 /Sheet $0.00 Reproduction, Specs 0 Each @ $55.00 /Each $0.00 Travel, Personal Miles 200 Miles @ $0.54 /Mile $107.00 Courier 2 Trip @ $50.00 /Trip $100.00 $207.00 CM Design Group Total $65,272.98 $47,400.81 ' i i PACE - Topographic Survey $14,846.00 $10,540.66 $4,305.34 HWA - Geotechnical Support $9,324.00 $4,662.00 $4,662.00 Subconsultant Subtotal $15,202.66 $8,967.34 c 1 Overlay Design Services Sub -Total $80,475.64 $56,368.15 ' Management Reserve Fund $8,047.56 $5,636.82 Overlay Design Services Total Project Total $88,523.20 $62,004.97 $150,528.17 3of3 Packet Pg. 66 2.4.b Exhibit E Sub -consultant Cost Computation; The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. See attached Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 67 2.4.b Aft Washington State Department of Transportation April 21, 2020 PACE Engineers, Inc. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 Development Division Contract Services Office PO Box 47406 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY: 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 20191CR — Risk Assessment Review Dear Erick Shirley: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2019 ICR of 177.13% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates wsdot.wa.gov. Regards; T��l &-- � ?,&e- ERIK K. JONSON Contract Services Manager EKJ:ah Jonson, Erik Apr 22 2020 9:50 AM cosiSn Packet Pg. 68 2.4.b PACE Engineers, Inc. Multiplier Rate Sheet Project Project Number Multiplier 1.7713 Profit 27.00% Employee Name Classification Direct labor rate OH Fixed Fee Billable rate Bennie Ehrich Senior Project Surveyor $ 48.80 $ 86.44 $ 13.18 $ 148.42 Dennis Boyd Survey Technician V $ 35.33 $ 62.58 $ 9.54 $ 107.45 Petar Georgiev Senior Project Surveyor $ 43.99 $ 77.92 $ 11.88 $ 133.79 William Lovelady Senior Party Chief $ 41.30 $ 73.15 $ 11.15 $ 125.61 Dean Stampfler Survey Technician V $ 35.34 $ 62.60 $ 9.54 $ 107.48 William Hawkins Sr. Principal Surveyor $ 57.93 $ 102.62 $ 15.64 $ 176.19 Nicholas Manusos Survey Technician III $ 30.16 $ 53.42 $ 8.14 $ 91.73 Guy Wirkkala Project Surveyor $ 42.00 $ 74.39 $ 11.34 $ 127.73 Aaron Blaisdell Sr. Principal Surveyor $ 74.52 $ 132.00 $ 20.12 $ 226.64 Eric Slind Survey Technician III $ 28.00 $ 49.60 $ 7.56 $ 85.16 Jack Seeds Survey Project Manager $ 51.68 $ 91.55 $ 13.95 $ 157.18 Justo Crespo Survey Technician V $ 52.50 $ 92.99 $ 14.18 $ 159.67 Paul Albertine Survey Tech II $ 25.00 $ 44.28 $ 6.75 $ 76.03 Oliver Fernandez Survey Technician 1 $ 21.00 $ 37.20 $ 5.67 $ 63.87 DuWayne Brave Survey Tech IV $ 35.34 $ 62.60 $ 9.54 $ 107.48 $ 19.00 $ 33.65 $ 5.13 $ 57.78 Packet Pg. 69 PACE 2.4.b Estimate for DIRECT SALARY COSTS: City of Edmonds 76th Ave W. Overlay Date: 03/25/21 Personnel Title Estimated Hours Raw Rates Estimated Cost Lovelady, William Senior Party Chief 32 $41.30 $1322 Hawkins, William Sr. Principal Surveyor 12 $57.93 $695 Slind, Eric Survey Technician III 16 $28.00 $448 Boyd, Dennis Survey Technician V 28 $35.33 $989 Manusos, Nicholas Survey Technician III 16 $30.16 $483 DIRECT NON -SALARY COSTS: a. Travel & Per DieM2 $100 b. Reproduction Expenses $40 C. Utility Locates $850 Total of Direct Salary Costs': $3,937 Overhead at 177.13%1: $6,974 Direct Salary Costs Plus Overhead': $10,911 Fee at 27%1: $2,946 Total Direct Salary': $13,856 Total of Direct Non -Salary Costs' $990 GRAND TOTAL' $14,846 Footnotes: 1 Rounded to the closest whole dollar 2 Mileage paid at the current standard mileage rate established by the Internal Revenue Service (IRS). 3 Attach Estimate of Consultant Costs and Estimated Hours sheet for each sub consultant. Packet Pg. 70 2.4.b Aftk Washington State Department of Transportation June 26, 2020 HWA GeoSciences, Inc. 21312 30th Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2019 ICR — CPA Report Dear Vasiliy Babko: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Underson Way SW Tumwater, WA 98501-6504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2019 Indirect Cost Rate (ICR) of 194.86% of direct labor (rate includes 0.41% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by T-MAX CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantratesAwsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Jonson, Erik Jun 26 2020 12:37 PM cosi8n Packet Pg. 71 2.4.b Project Cost Estimate 76th Avenue W Overlay Project Edmonds, Washington Prepared for CM Design =I, HWAGEDSCIENCES INC HWA Ref: 2021-033 Datec 6-Apr-21 Prepared By: BKH Scope of Work Perform visual assessment of alignment, mark 3 pavement core locations and arrange utility locates. Prepare Street Use permit application and traffic control plans and submit to the City of Edmonds for approval. This estimate assume flaggers will be required for traffic control. Perform 6-inch diameter pavement cores at 3 locations. Shallow excavations using hand digging equipment will be performed to assess base course and subgrade. Cores will be patched with Aquaphalt. Create photographic pavement core logs and present in a letter report along with recommendations for overlay and reconstruction. ESTIMATED HWA LABOR: WORK TASK DESCRIPTION PERSONNEL & 2021 HOURLY RATES Geol. VIII E r. V I I Geol. III Geol III CAD Contracts Clerical TOTAL HOURS TOTAL AMOUNT $72.20 1 $72.50 $33.00 $36.20 $29.12 $39.00 $26.44 Pro'ect Setup/Coordination 2 1 3 184 Visual Assessment/Mark Corea/Utility Locates 6 6 35 PrepareStreetUsePermit&TCP 1 2 3 145 Perform Pavement Coring8 8 16 554 Pr a PhotoaraDhic Core Logs 1 2 3 145 En ineai AnalysesandLette Report 2 8 2 2 1 15 $881 DIRECT SALARY COST: LABORATORY TEST SUMMARY: 18 8 14 Test Est. No. Tests Unit Cost Total Cost Grain Size Distribution 0 100 Atterbeng Limits(plasticity index 0 175 CBR/Proctor 0 $500 $0 LABORATORY TOTAL: 46 $2,344 ESTIMATED DIRECT EXPENSES: M i I eage @ IRS rate $100 Per Diem $0 FWD Teed ng Rate (@ $250/hr) $0 Pavement Coring (@ $60/core) $180 Traffic Control $1,500 Laboratory Testing $0 TOTAL DIRECT EXPENSES 1 $1,780 PROJECT TOTALSAND SUMMARY: Direct Salary Cost: $2,344 OH @ 194.86%- DSC $4,567 Fee (07 27% * DSC $633 Total Labor Cost $7,544 Direct Expenses $1 780 GRAND TOTAL: $9% Assumed Conditions: 1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager. 2. No permit fees will be required by the City. 2021-033 76th Ave Overlay 04-01-20.xis Packet Pg. 72 2.4.b Exhibit F Title VI Assurance: During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2 Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or inpart. fz Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request E the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in E addition, the CONSULTANT may request the United States enter into such litigation to protect the 2 interests of the United States. a Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 73 2.4.b Exhibit G Exhibit G-1(a) Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification Document Certification of Consultant Certification of Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 74 2.4.b Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of CM Design Group, LLC whose address is 1318 East Pike Street Seattle, WA 98122 and that neither the above firm nor I have a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (ifany); I acknowledge that this certificate is to be furnished to the Clty of Edmonds and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. CM Design Group, LLC Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 75 Exhibit G-1(b) Certification of City of Edmonds 2.4.b I hereby certify that I am the: 0 Mayor ❑ Other of the City of Edmonds and CM Design Group, LLC or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; o b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 76 2.4.b Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility Matters - Primary Covered Transactions L The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; an D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification such prospective participant shall attach an explanation to this proposal. CM Design Group, LLC Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 77 2.4.b Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperativeAGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the require certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. CM Design Group, LLC Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 78 2.4.b Exhibit G-4 Certification of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of as Of April 8, 2021 ** * are accurate, complete, and current This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: CM Design Group, LLC Principal Signature Title Date of Execution *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project tit] **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the Q contract price was agreed to. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 79 2.4.b Exhibit 1 Alleged Consultant Design Error Procedure: The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include all decisions and descriptions of work, photographs, records of labor, materials, and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 80 2.4.b Step 5 Forward Documents to Local Programs For federally funded projects, all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 81 2.4.b Exhibit J Consultant Claim Procedure! The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to theAgency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 82 2.4.b Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associate with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0110112020 Packet Pg. 83 2.5 City Council Agenda Item Meeting Date: 04/13/2021 Presentation of a 10-ft Dedication for 70th Ave W right-of-way adjacent to 15809 70th Ave W Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History None Staff Recommendation Forward item to the April 20th consent agenda for City Council approval. Narrative The City is currently reviewing a proposed 3-lot subdivision, at 15809 70t" Ave W. In accordance with Edmonds Community Development Code (ECDC) 20.75.085 (Subdivision - Review Criteria), the city council may require dedication of land in the proposed subdivision for public use. In accordance with ECDC 18.50.020 (Official Street Map - Dedication presumption and requirement), applicants for a subdivision shall be presumed to create development impacts upon the street and transportation system of the city and such presumed impacts shall be mitigated by the dedication of such right-of-way to the city and to public use. The City's Official Street Map indicates a 10-foot right-of-way dedication is required along the 70t" Ave W property frontage of the subject development. As a condition of development, the 10-foot right-of-way shall be deeded to the City. After Council approval of the street dedication, the dedication will be recorded with the final plat documents for the subdivision. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Site Plan with Dedication Packet Pg. 84 2.5.a . City of Edmonds 15809 70th Ave W - Vicinity Map T SHT r ti ; -27N R4E .I �Duuil.,� ETu,ace Legend SHT 2 S7 T27.h' R4E ILI a I I I I inn 168TH ST SW is= Notes 0 1,010.38 2,020.8 Feet 1,504.7 This ma is a user generated static output from an Internet mapping 18,056 p B p pp B site and is fc reference only. Data layers that appear on this map may or may not be accuratf WGS_1984_Web _Mercator _Auxiliary -Sphere current, or otherwise reliable © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIOI Packet Pg. 85 1 NE 1/4, SW 114, SEGOS, T.27N, R.04E, W.M. CITY OF EDMONDS, WASHINGTON 2.5.b I � \ O I I Z I I I � 0 I I I I � o O I I I � IO El I I I U I Z O I I C I IO I I I � IO I L FOUND REBAR AND 1-1/2"— ALUMINUM DISC "MEYERS , ON CALCULATED RIGHT-OF-WAY O (OCT 2018) I (2)MAILBOXES I I I I I I pAg �C D02 j 05 100 o I TBM-1 �� FOUND 4"X4" CONCRETE MONUMENT (3)MB'S WITH 2" BRASS DISK AND SCRIBED \X', DOWN 0.9' - SW COR. TR. 21 \ & NW COR. TR. 37 (OCT 2018) tI J 1wm WM +_ 20_03_ W WV OHYD 0 i_ 10' RIW (� DEDICATION 2,088 SF. u` n Q 0 \ N U' Z \ \ m r": n u- O O O N N N MZ14 O O SS 25' PRIVATE DRAINAGE EASEMENT I I L I I I I I I I I I SS LOT I LOTS i i i � � __20_03'__L I _N89'04'09"W 213.79' 0.6' I OHP 4 d I 2..00' 20.00' II a Co NFwP( 4 rR 21 MEADO&DALE BEACH (VOZ UME 5, P,4GE 38) NO- NO- PARDE 00 106 PARDE 02,04 00515,00 00515,000 FOUND 1/2" REBAR AND CAP "AXIS FOUND 1/2" REBAR AND CAP "AXIS 400941 43347, 38479, 41957, 400941 43347, 38479, 41957, 38011 ', ON CALC'D NORTH 38011 ', ON CALC'D NORTH PROPERTY LINE (OCT 2018) PROPERTY LINE (OCT 2018) n � SS 5' CHNN LINK FENCE 28 N89'04'09"W 213.79' V/ d iLOT 2 �T / HOUSE / 15809 70TH AVE W� FF=351.25' / FF(BSMT)=345.11' (TO REMAIN)' d / WEST 233.5' / �- -0- / NE COP. OF FENCE IS 1.1' N OF CALC'D PROP. OOR. 0.1' W POND ROES �� 16 Tip J77 005,510000 lW� 4DOWZ)AL � BZA CH �VOL 5, PA C� �39) 00 O N N d O (V Z FOUND IRON ROD SHOT AT BASE OF BEND, 0.2' S & 2.4' E OF CALC'D PROP. COR. (OCT 2018) SOUTH END OF FENCE IS , E F CALC'D PROP.LINN O. PAR0C0005715 0051510 NORTH END OF FENCE IS 0.1' W OF CALC'D PROP. LINE r 00 0 N 0 z ON E W PA66i�003724 3100 0051 SOUTH END OF FENCE IS 1.1' W OF CALC'D PROP. LINE RIGHT OF -WAY WORK NOTE: A SEPARATE RIGHT-OF-WAY CONSTRUCTION PERMIT IS REQUIRED FOR ALL WORK WITHIN THE CITY RIGHT-OF-WAY. CONTRACTOR SHALL SUBMIT TO THE CITY A RIGHT-OF-WAY PERMIT APPLICATION PRIOR TO ISSUANCE OF CIVIL CONSTRUCTION PLANS. COPYRIGHT © 2020 VICINITY MAP SCALE. 1 " = 2, 000' SCALE. 1 " = 20' 0 20 40 LEGEND EXISTING PROPERTY BOUNDARY — EXISTING CENTERLINE EXISTING EDGE OF ASPHALT > EXISTING FLOW LINE EXISTING RIGHT-OF-WAY PROPERTY BOUNDARY DEDICATION PROPOSED EASEMENT LINE PROPOSED LOT LINE m Q t 0 ti rn 0 00 Lo 0 C m CD 0 t d Q t O ti L 0 v 0 O Packet Pg. 86 2.6 City Council Agenda Item Meeting Date: 04/13/2021 Presentation of a Pedestrian Easement at 8609 244th St. SW Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On October 16, 2018, City Council approved a pedestrian easement to provide 5 feet of sidewalk clearance behind the mailbox serving the multi -family development. Staff Recommendation Forward this item to the April 20th consent agenda for City Council approval. Narrative The City of Edmonds is currently reviewing the final short plat documents for the development project, Ashwood - Meitzner Multi -Family, which includes construction of three multi -family buildings (11 unit lots) at 8609 244t" St SW. The revised plans for this project require an additional pedestrian easement width of 0.5 ft that extends across the full property frontage. This additional easement area accommodates the required sidewalk width of 7ft. The pedestrian easement area increases slightly for the mailbox installation. Attachments: Exhibit 1 - Vicinity Map Exhibit 2 Ashwood-Meitzner Site Plan Exhibit 3 Easement Detail Packet Pg. 87 2.6.a City of Edmonds 8609 244th St SW Y 241 Sr .i l •. i �j 21011 w w 24105 0 24111' ~ I411-i }j odd 241 +e 2 •tl r, 7.5I f' t4 242Na STSW 8706 8"20 86A 4 4 � }' 8625 00 a:l•t 4 ti A '�'� UGH WA %0 lop 0 � � o A 90A`F 2� 242ND ST SW 4�9 r sg/Y/GHWAY 99 OFFRAMP ED 99 � a NU5 WAY m ��.99 OFVP aA N3� 11 81l 8509 fi 8431 1601 I 8603 8605 8515 244TH-STSW- - +EDMOND.� " KING COUNTY KING COUNTY SHORELINE 81 Al Legend I 1 1: 4,514 Notes 188.08 376.2 Feet This map Is a user generated static output from an Internet mapping site and is fc reference only. Data layers that appear on this map may or may not be accurat, ✓GS 1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliabl, 9 City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIOI CITY OF EDMONDS FINAL PLAT PROJECT NO. PLN20170047 I 2.6.b I LINE TABLE LINE LENGTH BEARING L 1 19.00 N 00'5256" E L2 4.50 N 89'07'04" W L3 4.50 N 89'07'04' W L4 19.00 N 00'5256" E L5 19.00 N 00'5256" E L6 4.53 N 89'07'04" W L7 4.47 N 89'07'04" W LB 19.00 N 00'5256" E L9 19.00 N 89'07'04" W L10 4.50 N 00'5256" E L11 4.50 N 00'5256" E Lit 19.00 N 89'07'04" W L13 19.00 N 89'07'04' W L14 4.50 N 003256" E L15 4.50 N 00'5256" E Lib 19.00 N 89'07'04" W L17 19.00 N 89'07'04" W L18 4.50 N 00'5256" E L19 4.50 N 00'5256" E L20 19.00 N 89'07'04" W L21 19.00 N 89'07'04" W L22 4.50 N 00'5256" E L23 4.50 N 00'5256" E L24 19.00 N 89'07'04" W L25 19.00 N 89'07'04' W L26 4.50 N 00'5256" E L27 4.50 N 00'5256" E L28 19.00 N 89'07'04" W L29 19.15 N 89'07'04" W L30 4.50 N 00'5256" E L31 4.50 N 00'5256" E L32 19.15 N 89'07'16' W L33 2.04 N 79'5441" E L34 9.45 N 89'06'08" W L35 11.00 N 00'5256" W L36 2.04 N 795441" E L37 12.09 N 89'07'04" W L38 5. TO N 01'00'46" E CURVE TABLE CURVE LENGTH RADIUS DELTA ANGLE Cl 18.69 25.00 42'50'37" C2 18.69 25.00 42'50'37- C3 7.87 5.00 90-07'50" EQUIPMENT & PROCEDURES MEiHW OF SURVEY.• SURVEY PERFORMED BY RELD TRAVERSE INSTRUMENiA110N: LEICA TS15 ROBOTIC ELECTRONIC TOTAL STATION PRECLWN: MEETS OR EXCEEDS STATE STANDARDS WAC 332-130-090 BASIS OF BEARING: THE SOUTH LINE OF SECTION 31 BETWEEN THE SOUTHWEST CORNER AND THE SOUTH QUARTER CORNER, AS THE BEARING OF N 89'07'04" W. LEGEND LOT i TRACT 999 I LOT 11 0.50' 0I.50, L3I+3' L35 0.Iy50' 90===.1� ---- =��25.93' N 89'07'04" W 130.04' r r 0 90' EASEMENT WIDENS AROUND MAILBOX PUBLIC PEDESTRIAN EASEMENT DETAIL NOT TO SCALE LEGAL DESCRIPTIONS - NEW LOT 1 LOT 1 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 2 LOT 2 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 3 LOT 3 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 4 LOT 4 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 5 LOT 5 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 6 LOT 6 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 7 LOT 7 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 8 LOT 8 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 9 LOT 9 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 10 LOT 10 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. LOT 11 LOT 11 OF CITY OF EDMONDS SUBDIVISION NO. PLN 20170047 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. DESIGNATED PARKING SPACES PARKING SPACES ARE DESIGNATED ON THE PLAT AS GI-G10. SAID SPACES ARE FOR GUEST PARKING AND ARE PART OF TRACT 999. i I (SHORT SUBDIVISION (SHORT SUBDIVISION S2000-151 FOUND REBAR W/CAP j ZA 9006320 SP 0.1'(N), 0.2'(W) OF 4' DRAINAGE EASEMENT AFN 9503205003) AFN 200108155002) STAMPED "17068" CALC'D PROP. COR. FOR DISPERSION TRENCH FENCE COR. 0.1'(W), I & STORMWATER UTILITIES END OF FENCE 0.3'(W), -- -- ---- 0_7'(N) OF SET CORNER N 89'07'04" W 130.04 WOOD FENCE 1.4'(N) OF SET CORNER ------- -* -x- ---------------------------J SET REBAR EAST 44'54 4.00'= = ' - - - 40.53 -, - 44.97- - - SET REBAR W/CAP OFFSET 1.0' EAST OF w CORNER ON PROP. LINE 2.5'-mow I OFFSET 1.0' WEST OF JL6 CORNER ON PROP. LINE -------------------- in - B.F. ; N o I B.F.7 62,658 SF2,631 SF ! 2,301 SFPERMIT NO. '� Lai PERMIT NO. ! L7 i PERMIT NO. iBLD2017-1338 BLD2017-1339 j BLD2017-1340 B.F. -'-------'r - N 89'07'04" W _ N 89'07'04"i W N 89'07'04" W 40.04' \ 31.50' I 40.50'11 TRACT,9991-------1 (SHORT SUBDIVISION g � SP 392 (8-78) I PRIVATE ACCESS ROAD &GUEST PARKING STALLS M AFN 7901020099) L T ---- i0,570 SF N 89'07'04" W------ I- I N 89'07'04" W 46.33' BLOCK 31 I 18 HANBURY'S 10' I Q ELECTRICAL w 2,184 SF SOUND VIEW TRACTS ELI� w <o I o VOL. 7, PG. 20 EASEMENT vo 2,716 SF o ! PERMIT N0. PERMIT N0. o I N H BLD2017-IJ41 Ii BLD2017-1337 N I N i ....... O.__ B.F. OM L9........... B.F. '5 _ I !I ©0 N 89-07'04" W S L32- _ N 89'07'04" W I ---------------- 0 33.89' n © I I ? B.F. ! w o .----------- � ------ WATER EASEMENT L29 yl w I LOT i B.F. ; wI 124' ;o, ? AFN 202101140487 j N w o hb I N O'• 9 O O 0 Z215 SF ;N Q Ida 8 v 2,744 SF z 'cv'.� PERMIT NO. o n I z PERMIT NO. L07 2 n ! BLO2017-1336 z I8 o BLD2017-1342 j 00 ; Z`------------- -- L28- - J o L 13 ----- - -------------- N 89'07'04" W N 89'07'04" W 34.04' 34.00' --------------- L25 - - ¢ L 1 g -- -' END FENCE w ',we I 10 UX LI. ES CHATEAUX PROP.)OF LINE o Z h o I Qj, 2,214 SF o (CONDOMINIUM o Mj PERMIT NO. ) 2,746 SF � oI AFN 7803170256 PERMIT NO. g v I z BLD2017-1343 BLD2017-1335 z I I B.F. ! - L 17 ----- co --------- iII I 11 N 89'07'04" W L24- 3o N 89'0T04' L20'----- -__------ '-- Xh !34.04' -W 1N..__--L1 �wozo IIIoho•- -•3i - -- 3_,_28_0C 3S FB.Fw PERMIT NO . BLD2017-134 4 2752 SF PRIVATE PERMIT NPEDESTRIAN BLD201EASEMENT3 -------------- '_________ OF PROP. LINE 7 WOOD FENCE COR. 1.4(W) FENCE -------- 2 89'07'04" N '04" W 130.04' 53.00' - - - - - - - - - - - - - - - - - - FOUND 1" IRON PIPE PUBLIC 0.6'(W), 0.4'(S) OF 10' ELECTRICAL & PEDESTRIAN 12' X 10' PUBLIC PEDESTRIAN FOUND CASED CONC. MON. FOUND 2-1/2- BRASS DISC COMMUNICATIONS CALC'D PROP. COR. EASEMENT ENTRY SIGN EASEMENT TO THE CITY o W/TACK IN 2" IRON PIPE SURFACE MON. ON C/L W/k" EASEMENT TO THE CITY EASEMENT (SEE DETAIL) i9 DOWN 1.0, SEPTEMBER 2016 SEPTEMBER 2016. AFN 201911260747 (SEE DETAIL) -- - N 89'07'04" W-1242_84' _ 44638' i SOUTH 114 T2 CORNER _ _ _ 735_.47' SEC. 31 T27N R4E FOUND CASED CONC. MON. W/ N 89'07'04" W 1181.85' (BASIS OF BEARING) - - - - - 3-1/2" BRASS DISC & DOWN 1.0, SEPTEMBER 2016 244TH ST. S. W. SW CORNER, SEC. 31 T27N R4E • SET 1/2" X 24" REBAR & CAP STAMPED "L.S. 37536" BOUNDARY LINE o FOUND REBAR & CAP AS NOTED LOT LINE O FOUND CASED CONC. MON. AS NOTED RIGHT OF WAY CEMERUNE 4 RIGHT OF WAY CENTERLINE RIGHT OF WAY B.F. BUILDING FOUNDATION UTILITY EASEMENT ADDRESS NOTE ALL UNIT LOTS ARE ADDRESSED AT 8609 244TH ST SW, FOLLOWED BY THE UNIT LOT NUMBER. E.G. UNIT LOT 1 IS AS FOLLOWS: 8609 244TH ST SW 1 SCALE: 1 " = 30' ME 0 30 60 �44of ."Sig, e P 1 z �437536 OfSTY, dQ'� 7�'AL LAt� Pacific Coast Surveys, Inc. LAND SURVEYING & MAPPING P.O. SOX 13619 MILL CREEK, WA 98o82 PH. 425.512•7099 FAX 425-357.3577 www.PCSurvevs.net A.F. NO. SUBDIVISION FOR: SHEET 2 Of 3 ASHWOOD COURT 5E 114 5W 114, 5EC.31, T.27N., R.4E., W.M. DRAWN BY DATE DRAWING FILE NAME SCALE IGM 3.10.21 161l4gfpm.dwg 1" = 30, Packet Pg. 89 Cn 2.6.c Mietzner — Ashwood Court PLN2017-0047 8609 2441" St SW Public Pedestrian Easement Detail: Easement area is 0.5' across the frontage widening to 0.9' behind the mailbox installation. LOT I TRACT 999 .LOT 11 i .�aLlr. .0-W 4 L35 L34 5.93' _ _ N W07"04" 1,30.04' . -.. I . - .-- . F. z V. . TIJ �T �S AROUND UMBO . PUBLIC PEDESTRIAN. EASEMENT DETAIL NOT TO srvF Packet Pg. 90 2.7 City Council Agenda Item Meeting Date: 04/13/2021 Project Update on Citywide Bicycle Improvements Project Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On October 20, 2020, City Council approved a professional services agreement with Blueline to design the Citywide Bicycle Improvements Project. Staff Recommendation Schedule a project update for an upcoming City Council meeting. Narrative Staff will provide a project update and review conceptual drawings for the proposed improvements. Packet Pg. 91 2.8 City Council Agenda Item Meeting Date: 04/13/2021 Report on Construction Bids for the Phase 8 Sewerline Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History None Staff Recommendation Staff will provide a recommendation on the possible award of a construction contract during the committee discussion. Narrative This project is part of the City's program to replace and upgrade existing sewerlines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency. The project will replace sewer piping with associated services, and structures at various locations around the City. Three construction bids were received on April 2, 2020 and the bids ranged from a low of $622,119.46 to a high of $746,719.93 (Exhibit 3). The engineer's estimate was $630,000.00. Rodarte Construction submitted the low responsive bid of $622,119.46. Staff is reviewing the bid documents from each contractor and a possible recommendation to award the contract may be provided at the April 13, 2021 committee meeting. Construction is expected to begin in late May/early June and be completed by this fall. The project costs are funded by the 423 Sewer Utility Fund (Exhibit 2). Attachments: Exhibit 1 - Phase 8 Sewerline map Exhibit 2, Phase 8 Sewer Bid Summary - Budget Exhibit 3 - Bid Opening Summary Packet Pg. 92 City of Edmonds Mapbook 2.8.b Proposed Construction Budget Description Total Amount Contract Award $ 622,119 Construction Management, Inspection & Testing (20%) $ 124,424 Management Reserve (20%) $ 124,424 Total = $ 870,967 Construction Funding Available Funding Total Amount 423 Funds for Phase 8 Sanitary Sewer Replacement $ 870,967 Total = $ 870,967 Packet Pg. 94 2.8.c CITY OF EDMONDS PROJECT NAME: Phase 8 Sanitary Sewer Replacement Project Bid Date: 04/06/2021 ENGINEER'S ESTIMATE $630,00.00 Schedule A - Schedule B - Schedule C - Schedules Contractor 200th St SW Admiral Way 209th St SW A+B+C Total 1 Rodarte Construction $ 298,914.62 $ 1805835.20 $ 142,369.63 $ 6225119.45 2 Kamins Construction $ 257,722.82 $ 2825080.43 $ 134,674.01 $ 6745477.26 3 SRV Construction $ 309,433.26 $ 3015389.79 $ 135,896.88 $ 7465719.93 0 a- E E Cn 0 co Packet Pg. 95