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2021-09-14 City Council - Full PPW Agenda-29641 Op E D o Agenda Edmonds City Council s71. ,HvPARKS & PUBLIC WORKS COMMITTEE - ZOOM VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 SEPTEMBER 14, 2021, 7:30 PM THIS MEETING IS HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. CALL TO ORDER COMMITTEE BUSINESS 1. Supplemental Agreement with Osborn Consulting, Inc. for the Phase 3 Storm Maintenance Project (10 min) 2. Project Update for the Citywide Bicycle Improvement Project (15 min) 3. Supplemental Agreement with Blueline for Citywide Bicycle Imrpovement Project (10 min) 4. Purchase of new Wastewater Pump for Lift Station 1 (5 min) 5. Waterfront Redevelopment Project - EWorks Landscape Contract Amendment #4 (5 min) 6. Civic Park Funding - 2021 Snohomish County ILA (5 min) 7. Civic Park Funding - Washington State DOC Grant (10 min) 8. Shirley Johnson Property Donation (15 min) ADJOURN Edmonds City Council Agenda September 14, 2021 Page 1 2.1 City Council Agenda Item Meeting Date: 09/14/2021 Supplemental Agreement with Osborn Consulting, Inc. for the Phase 3 Storm Maintenance Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On April 14, 2020, City Council approved the agreement with Osborn Consulting. On August 18, 2020, City Council approved supplemental agreement with Osborn Consulting. Staff Recommendation Forward the item to the consent agenda for the September 21, 2021 City Council meeting. Narrative Much of the City's stormwater infrastructure is past its life and needs replacement; the City completes maintenance projects annually to replace or repair these pipes. Operations and engineering staff continue to identify problem areas and coordinate the annual pipe replacement and repair projects to address aged and worn infrastructure. As per similar programs for water and sewer, the maintenance project is designed in two-year contracts, so that one design contract produces 2 phases of field work. Previously, the City issued a Request for Qualifications (RFQ) in December 2019 and selected Osborn Consulting, Inc., a certified woman business enterprise (WBE) and disadvantaged business enterprise (DBE) by the Washington State Office of Minority and Women's Business Enterprise, to provide design engineering services for the Phase 2 and 3 Storm Maintenance Projects. The Phase 2 design work is complete and the project is now under construction. The attached scope of work covers the design of the Phase 3 storm improvements. Staff is negotiating the design fee with the consultant and the details of the final fee amount will be provided at the committee meeting. The Phase 3 Storm Maintenance project is funded by the stormwater utility fund and is scheduled for construction in 2022. Attachments: Supplemental Agreement Scope of Work - Draft Packet Pg. 2 2.1.a EXHIBIT A SCOPE OF WORK Amendment #2 Project: Phase 2 & 3 (2021— 2022) Storm Utility Replacement Project PRIME Consultant: Osborn Consulting, Inc. Contract No.: EOFB Background The City of Edmonds Storm Utility system has numerous locations where existing pipes are showing deterioration and in need of repair and replacement. Through video inspection of their storm system, the City has developed an inventory of deficient pipelines and appurtenances at various locations within the City that will need to be replaced due to increased conveyance needs, material, pipe age, and maintenance. In response to the inventory, the City has selected a number of pipeline replacement projects that will need to be completed in the coming years. Osborn Consulting, Inc, Consultant, has been selected for the Phase 2 & 3 (2021-22) storm utility replacement projects to design improvements for sites selected by the City. This will include providing site surveys, preparing cost estimates, engineered plans, specifications and bid documents and construction support. This scope of work provides design and construction support services for Phase 3 Storm Utility Replacement Project. This includes the addition of Site F to the project Phase with completion of design for Site B. Preliminary design with data collection, site survey, and project planning with hydrologic modeling has been completed for Site B through the Phase 2 contract. The budget for Phase 3, through Amendment #2, is included with Exhibit C. This summary of funds transferred to Phase 3 from Phase 2 is provided in Exhibit D. Unused tasks budgets from the Phase 2 Design contract are being transferred to Phase 3 Design tasks. • Site B — Pine St @ Edmonds Way, approximate pipe length 1,800 LF • Site F — 88th Avenue W. from 184th Ave SW and running south to roughly 150 feet north of 194th Avenue SW, approximate pipe length 2,600 LF The scope of work for Amendment 2 includes the following elements: Task I — Project Management Monitoring and communicating the status of the scope, schedule, and budget of this work assignment and providing monthly reporting to the City. Consultant Services • Prepare the Project Schedule with key milestones and tasks • Manage Issue Log for City and all team members. • Manage Risk Register to identify and document project risks and mitigation strategies. • Bi-weekly PM Check -ins via web/phone • Prepare status reports describing the following: o Services completed during the month. o Outstanding issues (if any). o Scope/schedule/budget status. o A financial summary. • Attend one project kickoff meeting with City of Edmonds staff. City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project -Amendment #2 Page 1 of 10 Packet Pg. 3 2.1.a • Attend one project closure meeting with City of Edmonds staff. • Attend design review meetings after receiving submittal comments. City of Edmonds's Responsibilities Attend project kickoff and closure meetings (in person or via teleconference). Review and approve invoices. Review and comment on submittals within the schedule. Assumptions • Project duration will be approximately 13 months (September 2021 through October 2022). • There will be one project closure meeting attended by up to two (2) Consultant Team members and City staff. • There will be three design review meetings attended by up to two (2) Consultant Team members and City staff. Review meetings will be held for review of Preliminary Design, Phase 3 60% Design, and Phase 3 90% Design. • Meetings will be held at Edmonds City Hall or through a teleconference format. Deliverables • Project kickoff meeting and closure meeting, with meeting minutes. • Project schedule, update to be provided with monthly status reports. • Issue Log and Risk Register to be provided at each deliverable. • Bi-weekly check -in (as necessary and determined by City Project Manager prior to each week). • Monthly status reports. Task 2 — Data Collection & Review The Consultant will review available existing site data, provide site survey, geotechnical investigations, coordination of utilities and utility pothole locates. Task 2.1 Data Review and Utility Coordination Data review and initial utility coordination has been completed for Sites B. For Site F, the Consultant will review available existing site plans, studies, documents, models, and complete a field visit to confirm site survey and design approach for design alternatives. From this review the consultant will compile a list of missing data needed for this site. For Site F the Consultant Team will: • Coordinate with franchise utilities and City of Edmonds regarding the existing water and sewer utilities and utility easements, including requesting as -built information. • Utility coordination will be with water, sewer, gas, and up to two telecommunication purveyors within the project limits at each site. Coordination effort includes up to 8 staff hours. • A confirmation site visit at Site F will be completed to verify the topographic survey and confirm the approach for preliminary design improvements. City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 2 of 10 Packet Pg. 4 2.1.a Assumptions: • City will provide available data for this project including record drawing information for storm, water and sewer systems. • City will provide utility potholes for confirmation of buried utility locations and depths. Consultant confirmation of utility depths and design modification will be provided in Task 5. • CCTV inspections reports and images for critical pipe location will be provided by the City. • City will arrange for site access of Consultant Team personnel. • Confirmation site visit with City and Maintenance Staff will include up to 2 hours at Site F for up to 2 staff. • Tree inspections by a certified arborist will be provided by the City. Deliverables: • Provide a list of reviewed data and identify missing data. • Information provided by franchise utilities regarding utilities and utility easements, including record information Task 2.2 Topographic Survey The topographic survey has already been completed for the Phase 3 sites under the previous contract scope. The Phase 3 contract shall provide the following items for Sites B and F: • Revisions to basemap survey based on record drawing review and/or field confirmations. • Finalize survey documents for Sites B and F. • Field survey location of utility potholes, as needed. City of Edmonds's Responsibilities • City will provide existing survey base maps and as -built information for the storm drain, sanitary sewer and water systems in the project area, if available. • Permission to enter the property parcel will be secured by the City. Assumptions: • Additional topographic survey shall not be required. • This scope does not include the resolution of physical encroachments and occupation that may be disclosed during the course of the field survey. Deliverables: • Survey base map and DTM (in AutoCAD Civil3D format) • Stamped survey sheets for inclusion in plan set (PDF) Task 2.3 Geotechnical Investigations The Consultant will coordinate and provide geotechnical investigations for the project. Geotechnical review and investigations will be provided both sites. Geotechnical investigations for Sites B and F will be provided following the City of Edmonds Public Works Department Engineering Division Policy, and City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 3 of 10 Packet Pg. 5 2.1.a Geotechnical Engineering Requirements for Utility Project Design, dated November 3, 2014. Infiltration testing will be conducted at Site B to confirm field parameters for the proposed water quality facilities in accordance with Appendix B of the 2017 Edmonds Stormwater Addendum. After the completion of the investigations and testing, the geotechnical engineer will prepare a geotechnical report summarizing pavement thickness, site soil conditions including infiltration feasibility and estimated ground water elevations if encountered, and presenting geotechnical recommendations for construction of the proposed improvements. Drilling Initial geotechnical exploration proposed for the project will consist of five borings: three at Site F and two at Site B due to the length of the proposed storm pipe replacement. The borings will each be drilled to a nominal depth of 20 feet below the ground surface. The borings will be drilled in the right-of-way as close to the proposed improvement locations as possible. The drilling will be accomplished using a hollow -stem auger drill rig. The exploration borings will be performed under the full-time observation of an engineer or geologist who shall maintain detailed records of the conditions encountered in the borings and obtain representative samples for additional laboratory testing and classification. Infiltration Tests Water quality facilities with potential infiltration are under consideration for Site B. The regional geology map indicates that Site B is in an area of Whidbey Formation. Both of these geologic units are "glacially consolidated" and would require infiltration testing per the 2017 City of Edmonds Stormwater Addendum to estimate design infiltration rates. Infiltration feasibility be assessed after the geotechnical drilling phase of work, and that small-scale pilot infiltration testing be conducted if infiltration appears feasible. A small-scale pilot infiltration tests will be completed at Site B using the procedure described in the 2017 City of Edmonds Stormwater Addendum. These infiltration tests require a minimum base area of 12 square feet, will be completed within the areas of the proposed infiltration systems, and it is anticipated one test at each location. The duration of each test will be approximately 7 hours, and include a 6-hour soaking period followed by a 1-hour test period, after steady-state constant head conditions are achieved. Following the test period, the discharge will be discontinued, and the level in the pit will be monitored at timed intervals to determine the falling head rate. This rate will be compared with the constant head rate to assist in determining a suitable design infiltration rate. Upon completion of the infiltration test, the infiltration test pit will be over excavated to: (1) document the types of soils the water infiltrated through, and (2) identify any soil layers that will restrict the downward flow of infiltrating water. The volume of water required for this test may be in the range of several thousands of gallons. A water truck, if needed, will be used to complete the infiltration testing at Site B. Laboratory Testing Laboratory testing, including grain -size analysis and moisture content of selected samples from each boring, will be completed. Supplemental laboratory testing, including grain -size distribution, organic content, or cation exchange capacity (CEC) of samples of the infiltration receptor soils, may be required depending on project design requirements. Prior to our exploration, the Consultant will notify the one -call utility service to locate buried public underground utilities at the site. The City of Edmonds will confirm that these locations are clear for drilling based on available information. If underground utility conflicts or other obstructions/right-of-way issues prevent drilling in these locations, notification will be provided of these conflicts, options for alternative drilling locations, and changes to the estimated cost, if any. The Consultant will not be City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 4 of 10 Packet Pg. 6 2.1.a responsible for damage to buried utilities that are not accurately marked on the ground prior to our work or shown on as -built plans that are provided to us. Each boring will be backfilled with bentonite and, where paved, capped with concrete or asphalt, suitable for support of vehicle use. In preparing our cost estimate, any soil cuttings generated during drilling will be hauled offsite by the driller. Each infiltration test pit will be backfilled with the excavated material and bucket tamped in place. No other site restoration is included in our cost estimate. Because the roadway segments along which the work will occur are limited to two lanes with narrow shoulder widths, it is anticipated that closure of a portion or all of one lane adjacent to each boring location will be needed for drilling access. It is anticipated that the lane closure will be limited to a short section of road adjacent to the boring being drilled or infiltration test being excavated; traffic control will be provided by the Consultant; and the section of lane closure will be moved for each boring. Due to the distribution of the project sites across the city, it is anticipated the duration of the field exploration to be 3 days (i.e., 2 days for drilling and 1 days for infiltration testing). Assumptions: • The borings will be drilled in the right-of-way, within the road surface, as close to the proposed work as practical. • One boring is anticipated for each site based on the City's 1000 ft spacing policy. • One infiltration test is anticipated at Site B. • Closure of a portion or all of one lane adjacent to each boring location will be needed for drilling access • Traffic control will be provided by the Consultant. • Borings will be backfilled with bentonite and, where paved, capped with concrete or asphalt. No other site restoration is anticipated. • Soil cutting generated during drilling will be hauled offsite by the driller. • A water truck will be used to complete the infiltration test at Site B. • Anticipated duration of the field exploration to be 3 days for drilling and 1 days for infiltration. • The geotechnical investigations for the two sites will be completed consecutively with results compiled into a single report. • Budget for utility locations requiring vacuum truck pre -excavation are not included in this task and will be an additional cost per Task 9.2 if required by the City of Edmonds or utility company Deliverables: • Traffic control plan for each site (PDF). • Geotechnical Report, Draft and Final (PDF). Task 3 — Project Planning and Preliminary Design The Project Planning and Preliminary Design will establish consensus on the design goals and critical project components and allow for City review and comment on the proposed design solutions and treatment capture areas. Additional effort will include 30% design plans, cost estimates and hydrologic analysis for Site B and F with along with a design summary memorandum. For Site B this task will: City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 5 of 10 Packet Pg. 7 2.1.a • Create 30% Design -level plans based on site survey with preferred water quality based on City comments. • Update hydrologic modeling and hydraulic pipe sizing. • Update planning -level cost estimates based on City comments. For Site F this task will: • Create 30% Design -level plans based on site survey. • Complete hydrologic modeling and hydraulic pipe sizing. • Prepare planning -level cost estimates. City of Edmonds's Responsibilities • City will provide input and review comments within the agreed upon schedule. Assumptions: • Consultant will use internal CAD standards and title blocks for 22" x 34" plan sheets, incorporating the City's logo and available design and performance guidelines available through the City's website. • The stormwater design and modeling shall be in accordance with the 2017 City of Edmonds Stormwater Addendum which adopts Ecology's Western Washington Hydrologic Model. • Basin delineations will be based on available GIS data. • Conveyance sizing will be based on static pipe hydraulics for full -full pipe comparisons. • A hydraulic modeling using SWMM or backwater analysis will not be required. • Budget assumes up to seven plan sheets. No profiles or project details will be provided with the 30% Design. • Design summary with cost estimates for Sites B and F will be summarized in a single memorandum. • Geotechnical investigations and final water quality design will be completed after 30% Design with confirmation of design approach. Deliverables: • One (1) Design Memorandum including hydrologic and hydraulic analysis, Draft, Final (PDF) • 30% Plans (PDF format) • Planning -level cost estimates utilizing the City's Estimating Policy. Task 4 Permitting Support Consultant will compile a summary of anticipated permits required for both project sites based on the 30% Design improvements, assist the City with permit applications and support City staff with information necessary for completing a SEPA checklist. City of Edmonds's Responsibilities • City will provide confirmation of stream boundaries for potential environmental impacts. • City staff will complete the SEPA Checklist City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 6 of 10 Packet Pg. 8 2.1.a Assumptions: • One (1) Summary Memorandum identifying the anticipated permitting effort and timeline for both sites. • Local permits will be completed and submitted by the City. • A JARPA permit will not be required for any site. • Up to 16 staff hours are included for permit support. Deliverables: • Permit Summary Memorandum, Draft, Final (PDF). Task 8 — Phase 3 Construction Documents With City review and approval of a 30% design through Task 3, the Consultant will advance the two sites for construction in 2022 as part of the Phase 3 construction documents. Plan, Specification and Cost Estimate (PS&E) will be submitted at the 60%, 90% and Final (Bid Ready) stages. The cost estimate will identify bid items that will require special provisions. Constructability and Quality Management review will be completed at each stage prior to submittal. City of Edmonds's Responsibilities • Provide the City's current Division 0 and 1 template in Word -format for the Consultant to incorporate into the project documents. • Provide the current City of Edmonds Special Provisions Division 2 through 9 in Word -format for the Consultant to edit. • City will provide input and review comments on the design submittals within the agreed upon schedule. • The City will provide a consolidated list or redline set of review comments within the timeframe shown on the project schedule. • Bid advertisement, coordination and award will be handled by the City. Assumptions: • Phase 3 budget is based on developing construction documents for Sites B and F estimated at 25 plan sheets. The consultant will be responsible for providing as many plan sheets as necessary to obtain City approval for the scope of work defined herein. • Design will include the following for each project site: o Site Preparation and o Erosion Control o Stormwater Design o Surface Restoration o Utility relocations (only minor water and sewer services lines, as needed) • Sites will be combined into a single construction bid set. • Standard details will be included on the detail sheets. • Specifications for the City's current Division 0 and 1 will be provided by the City with 90% and ai Final submittals. c� r Q City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 7 of 10 Packet Pg. 9 2.1.a • Special Provisions Division 2 through 9 will be developed using the City's standard specifications. • Edits to the City's Special Provisions will be based on WSDOT Standard Specifications, 2021 Edition. • Consultant will modify the Special Conditions (Divisions 1 through 9) as needed to meet the project requirements and write specification for all non-standard items. • There will only be minor changes to the project design after the 90% submittal, excluding changes required due to Consultant errors, omissions, or failure to comply with previous City direction. • Utility conflict can be resolved at the point of conflict with simple adjustment of the utilities or storm drainage locations. Relocating utilities is not included. • Surface restoration will match existing conditions or existing City standard additional roadway or pedestrian improvements or are not included. • Contractor will develop traffic control plans through specifications. Design sheets for traffic control are not anticipated construction plan sheets. • Project will be advertised as a single bid package. • A single Category 1 Stormwater Site Plan Report will be submitted for Phase 3 documenting the stormwater minimum requirements for all stormwater improvement sites. • A draft Stormwater Pollution Prevention Plan (SWPPP) based simplified checklist form will be submitted for each site with the 90% submittal with comments address with the Final Bid -Ready submittal. • Construction cost estimates shall be prepared in accordance with the City's Estimating Policy. Deliverables: • 60% PS&E (PDF, Word file for specifications) • 90% PS&E (PDF, Word file for specifications) • Final Bid -Ready Submittal PS&E (CAD files and 1 PDF copy). • Stormwater Site Plan Report, Draft (60%) and Final (90%) (PDF) • Draft SWPPP, Draft (90%) and Final (Bid) (PDF) • Quantity take -offs by sheet (PDF) Task 9 — Phase 3 Bid and Construction Support (2022) When requested by the City, the consultant will provide limited engineering services during bid and construction support for Phase 3. These services are expected to be: • Prepare and issue addenda to clarify the construction documents, if necessary. • Attend one pre -construction meeting. • Review of contractor submittals. • Response to contractors RFI's. • Site visit to review unforeseen conditions. • AutoCAD Record drawings based on contractor's field plans. City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 8 of 10 Packet Pg. 10 2.1.a City of Edmonds's Responsibilities • City will provide initial review of all contractor requests. • The City will provide on -site inspection and will lead the administrating and managing of construction documents and communications with the contractor. • A single copy of construction markups drawings will be provided for production of record drawings. Assumptions: • One consultant will attend the pre -construction meeting. • Respond to a maximum of 2 addenda clarifications during bidding. The consultant will not charge for addenda if they are required to correct or clarify an error or omission in the bid documents. • Respond to a maximum of 3 submittal reviews on specialty products. • Respond to a maximum of 2 RFI's per site. • Consultant will visit a maximum of 2 sites to review unforeseen conditions. • No geotechnical support would be required. • Review responses will be provided with 7-day of written request. • Additional survey or field confirmation will not be required for Record Drawing preparation. Deliverables: • Submittal review comments (PDF). • Reponses to RFI's (PDF). • Findings from site visit (PDF). • Record Drawings, Draft, Final (PDF and AutoCAD) Task 7 — Management Reserve — Contingency Fund To provide additional services which may be required to complete these projects, and which are requested and authorized by the City. The consultant will provide the City with a scope and budget for the additional services which the City will review prior to the consultant beginning work. The City shall provide Consultant with written authorization to proceed with any additional services. Tasks 7.1 Management Reserve Work may include, but is not limited to: addressing additional permit coordination efforts, unforeseen design changes and/or additional support during bidding or construction. The fee estimated is approximately 10% of the total fee for Tasks 1 through 8 of the initial contract and this amendment. Tasks 7.2 Field Reserve Work may include, but is not limited to: addressing additional survey, potholing, geotechnical investigations or other support services required for the design of the Phase 3. The fee estimated is approximately 10% of the total fee for Tasks 1 through 6 of this amendment. General Assumptions • All coordination with property owners will be handled by the City. City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 9 of 10 Packet Pg. 11 2.1.a • Flow control and water quality treatment will not be required for the stormwater improvements sites. Water quality treatment, if feasible, will be provided through optional retrofit design for Site B. • On -Site Stormwater Management BMPs will not be required for stormwater improvement sites. • The proposed improvements will be located within the City right-of-way or within existing City easements. • Any existing encroachments in the right-of-way will be resolved by the City. • Water quality treatment design will be completed for Site B with completion of the geotechnical investigations and documented in the Stormwater Site Plan Report. • The proposed improvements will not require stream or wetland field investigations or critical area analysis. • Cultural Resource documentation will not be required. • Funding will be provided by the City; additional grant support will not be required. • Support for public outreach will not be required. • Need for structural engineer is not included. City of Edmonds Phase 2 & 3 (2021 — 2022) Storm Utility Replacement Project - Amendment #2 Page 10 of 10 Packet Pg. 12 2.2 City Council Agenda Item Meeting Date: 09/14/2021 Project Update for the Citywide Bicycle Improvement Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History 3/10/2020 - Sound Transit Funding Agreement presented to the Public Works and Parks Committee. 7/21/20 - Public hearing on Approval of Sound Transit Funding Agreement. 8/4/20 - City Council approved the Sound Transit Funding Agreement. 10/13/20 - The Professional Services Agreement with Blueline, Inc was presented to the Public Works and Parks Committee. 10/20/20 - City Council approved the Professional Services Agreement with Blueline, Inc 5/4/21- Project Update & Design Recommendations provided to City Council. Staff Recommendation This item is scheduled for a presentation at the September 21, 2021 City Council meeting. Narrative The extensive public outreach effort, coupled with input from City Council, identified five additional improvements desired by the community. These improvements focus on pedestrian safety and were not in the original scope of work for the project. A description and preliminary cost estimate for each add -on improvement are shown in Exhibit 1. Staff is recommending the design and construction of the additional improvements be funded with REET funds. The current proposed configuration at the Westgate intersection includes reducing the width of vehicle lanes to allow installation of a northbound bicycle lane and shared lane markings ("sharrows") in the southbound direction. New ramps will be installed so bicyclists who are not comfortable travelling in a shared lane will have access to the sidewalk. There have been discussions about the possibility of changing the design to add a southbound bicycle lane through the intersection. Staff will review the pros/cons of this alternative at the committee meeting. Background In 2019, the City pursued and secured a grant from Sound Transit for installation of bicycle lanes. City staff engaged in an extensive public outreach campaign. Listening sessions were held in December 2020 during which concerned citizens had the opportunity to share with City staff how they would like to see the project unfold. Staff used this input along with other data they collected and designed several concepts for the bike lane installations that were presented at a public meeting in February 2021. Packet Pg. 13 2.2 City staff invited residents to the February public meeting by email, social media posts, door hangers, digital message boards installed on the affected routes, and by press release. Residents were encouraged to submit questions ahead of time and fill out a survey indicating which design concepts they preferred. Staff used the data, surveys, and resident input to select which concepts would be carried forward to full design and presented these decisions, along with the data used to make the decisions, to City Council on May 41h Also during the May 41h meeting, City Council requested staff hold another public meeting to present the selected design alternatives to the public. This meeting was held on June 2nd. A list of questions asked during this meeting and staff responses is attached (Exhibit 2). Attachments: Exhibit 1 - Additional Improvements Exhibit 2 - June Public Meeting Q&A Packet Pg. 14 Exhibit 1 2.2.a Additional Improvements Alt 1 Alt 2 Alt 3 Alt 4 Alt 5 Z N H O Ped Improve Yost Park Ped Improve & Ped Improve & High School Totals LLJ & 9th/Pine Entrance Bowdoin/? 100th/224th Entrance V 1 I I Consultant $ 13,500 1 $ 17,155 1 $ 13,500 $ 13,500 1 $ 7,884 1 $ 65,5: Alt 1 Alt 2 Alt 3 Alt 4 Alt 5 Z 0 Description Ped Improve Yost Park Ped Improve & Ped Improve & High School Totals V & 9th/Pine Entrance Bowdoin/? 9th/224th Entrance CC N Construction Contract $ 33,250 $ 58,150 $ 33,250 $ 33,250 $ 33,250 $ 191,1! $ 3,325 $ 5,815 $ 3,325 $ 3,325 $ 3,325 $ 19,1: F_ V Management Reserve 10% $ 5,985 $ 10,467 $ 5,985 $ 5,985 $ 5,985 $ 34,41 Z Construction Management 1% Art $ 333 $ 582 $ 333 $ 333 $ 333 $ 1,9: Total Construction $ 42,893 $ 75,014 $ 42,893 $ 42,893 $ 42,893 $ 246,51 Total Cost Alt $ 56,393 $ 92,169 $ 56,393 $ 56,393 $ 50,777 $ 312,1: Running Total $ 148,561 $ 204,954 $ 261,346 $ 312,123 Alternative 1 - Pedestrian Improvement @ 9th Ave/Pine St Rectangular Rapid Flashing Beacons (RRFB) will be added to this intersection along with curb ramp upgrades and, if possible curb bulb- a outs. 0 r c Alternate 2 - Yost Park Entrance m E Install new bulb -outs, realign the south leg of the intersection and install three new parallel parking stalls on 96th Ave south of the parl > 0 L Q E Alternate 3 - Pedestrian Improvements on Bowdoin Way c New striped crosswalk with Rectangular Rapid Flashing Beacons (RRFB) will be added with curb ramp upgrades and, if possible curb bul o outs. Improvements will be at 90th Ave or Pioneer Way. Exact location to be determined during design. Q Alternate 4 - Pedestrian Improvement @ 100th Ave/224th St. & 14th St New striped crosswalk with Rectangular Rapid Flashing Beacons (RRFB) will be added to this intersection along with curb ramp upgraclE t and, if possible curb bulb -outs. w r c a� Alternate 5 - Pedestrian Improvement - Former Woodway High School Entrance/100th Ave E Crosswalk will be moved from north side of intersection to south side. This will optimize traffic flows during peak periods and reduce r the amount of red light time needed for north- and southbound traffic. Q Packet Pg. 15 2.2.b EXHIBIT 2 Q/A summary from Public Meeting on June 2, 2021 What is the purpose of bulb -outs? Will they intrude into the bike lane? Curb bulb -outs protect pedestrians in a number of ways. By bulging out into the parking lane they make pedestrians more visible to motorists and decrease the distance pedestrians have to travel to cross the streets. They will not bulge into the bicycle lanes. Why a 5' bike lane on one side and a 6' bike lane on the other? Why is a buffer better than a wider bike and/or parking lane? The typical standard width for a bike lane against a curb is 5' and 6' is standard for a bike lane against parked cars. There are some places — intersections primarily - where the buffers will be eliminated in order to accommodate different lane configurations. Going with minimum lane widths throughout will enable us to drop the buffers and keep the lane widths consistent. Can you reverse bike lane and parking lane so that parked cars are protecting bicyclists rather than bicyclists protecting parked cars? A setup like this would create a dangerous situation where bicyclists are obscured by parked cars. This would result in accidents where motorists turning into driveways hit bicyclists that they can't see coming. By keeping bicyclists on the traffic side of the parked cars we increase visibility and, consequently, safety. How will Sound Transit's proiected $11.513 budget gap impact the project? Sound Transit has assured the City that their current funding shortfall will not affect the funding programmed for the City's project. How can you make the assumption that the bike lanes will take people to Edmonds shops and restaurants when the bike lanes end on 9th? There are many places in Edmonds where people can shop and eat that are not in the Bowl. Bicyclists who do wish to shop and eat in the Bowl can take low volume surface streets down the hill from 91n Packet Pg. 16 2.3 City Council Agenda Item Meeting Date: 09/14/2021 Supplemental Agreement with Blueline for Citywide Bicycle Imrpovement Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On October 20, 2020, City Council approved a professional services agreement with Blueline to design the Citywide Bicycle Improvements Project. Staff Recommendation The item will be scheduled for City Council approval after a decision is made on which pedestrian safety improvements are added to the project. Narrative In October 2020, the City Council approved a professional services agreement with Blueline for the design of the Citywide Bicycle Improvement Project. The agreement had a design fee of $309,521 and included a $14,549 management reserve. The consultant has performed extra work related to public outreach/meetings and evaluations of multiple alternatives requested by the City. The management reserve has been used to reimburse the consultant for a portion of the extra work completed to date. A supplemental agreement is needed to address the remaining extra work and replenish the management reserve. In addition, the design fee will need to increase if City Council adds more pedestrian safety improvements to the project. Exhibit 1 provides a summary of the extra work and related fees for the supplemental agreement. Attachments: Exhibit 1 Supplement Summary Packet Pg. 17 2.3.a Out -of -Scope Work Already Completed Alternatives Analysis $ 20,494.00 Additional Outreach $ 23,051.00 Management Reserve $ (14,549.00) TOTAL $ 28,996.00 Additional Work Requested by City - yet to be completed Signal Timing $ 1,531.00 Additional Outreach $ 4,720.00 Management Reserve $ 10,000.00 TOTAL $ 16,251.00 Additional Improvements Requested by Council and/or Resident Engagement Ped Improve-9th & Pine $ 13,410.00 Improve Yost Park Entrance $ 17,100.00 Ped Improve-Bowdoin & Pioneer $ 13,410.00 Ped Improve-100th & 224th $ 13,410.00 Ped Improve -High School Entrance $ 7,871.00 TOTAL $ 65,201.00 Grand Total - All Items 1 $ 110,448.00 a� 0 L c a� E d 0 a E m m m 3 U `0 m c 3 m 3 c m E m m L Q Y E Q Q v/ E E v/ E 2 Q Q v/ r a+ t K W a+ C d E L V R a+ a+ Q Packet Pg. 18 2.4 City Council Agenda Item Meeting Date: 09/14/2021 Purchase of new Wastewater Pump for Lift Station 1 Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Phil Williams Background/History Lift Station #1 on Sunset Avenue is the City's largest Wastewater pumping station. It pumps approximately 60% of the City's total wastewater over the high ground on Sunset Avenue where it then flows by gravity to the City's Wastewater Treatment Plant. The pump station is a dry well/wet well design with two identical pumps that are programmed to alternate back and forth as lead and lag pumps. One pump at a time is generally sufficient to keep up with incoming flows, even during wet weather. Occasionally, during very intensive storm events, two pumps may be needed to keep up. We also have a spare pump in storage. Staff Recommendation Authorize the Mayor to sign a purchase order to buy a new Yeomans Chicago Bareshaft pump (YCC 6260 6615 3D) from Cascade Machinery & Electric for $127,545.12 plus shipping (not to exceed $1,500) to add to the pump rotation at Lift Station 1. Narrative We have experienced ragging issues at Lift Station 1 in the past. This occurs when rags or other textiles like non-flushable wipes, etc. get wrapped around the impellers of the pump causing it to overheat and to eventually seize -up and/or break. This requires us to place the spare pump into service and send the failed pump in for repair. When we sent this failed pump in for repair they repaired it but then told us it could not be fixed again. It is now prudent to purchase a new pump to avoid not having a reliable spare the next time one of these large pumps suddenly stops working. Packet Pg. 19 2.5 City Council Agenda Item Meeting Date: 09/14/2021 Waterfront Redevelopment Project - EWorks Landscape Contract Amendment #4 Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History On August 5, 2019 City Council approved Contract Amendment No. 3 with Environmental Works for construction administration on the Waterfront Redevelopment Project. Contract Amendment No. 3 was for a not to exceed amount of $178,465. In August 2020 Environmental Works informed the City that they may overrun the budget for construction administration. Over the course of many months a contract amendment totaling $145,506.95 was negotiated with Environmental Works for these additional construction administration services. These negotiations reduced Environmental Work's earlier proposal by a total of $16,879 resulting in a cost savings from Amendment No. 3. Amendment No. 4 is Attachment #1 and the original Professional Services Agreement plus the three additional amendments are attached as well for reference. Staff Recommendation Review the amendment and forward to the September 21, 2021 Council Meeting Consent Agenda for approval authorizing the Mayor to sign Contract Amendment No. 4 to the Professional Services Agreement with Environmental Works for a total of $145,506.95. Narrative The construction of the Waterfront Redevelopment Project presented may challenges including contaminated soil, archeological discoveries, saltwater inundation of concrete footings and the removal and replacement of significant amounts of unsuitable materials under both sets of new concrete beach stairs. Separate construction contracts for the building and site work required considerable coordination. As a result Environmental Works, the landscape contractor, and their team of consultants exceeded their scope of work by responding to fifteen additional Requests for Information, nine additional Requests for Change Proposals and thirty-three additional review hours for submittals. The technical challenges and a construction duration that lasted three months longer than anticipated resulted in a significant increase in team coordination, telephone conversations, site visits and project closeout efforts. Contract Amendment No. 4 with Environmental Works costs are covered by existing project funding. Physical completion for the project was reached on February 2, 2021 and a budget surplus of approximately $8,500 still remains due to the negotiated reduction from Amendment No. 3 to Amendment No. 4. Packet Pg. 20 2.5 Attachments: EWorks Professional Services Amendment No. 4 with Exhibit Barker Landscape Waterfront PSA fully executed 2019.01.07 Amendment No. 1 to PSA-Barker EWorks Amendment No. 2 to Environmental Works Professional Services Agreement 2.19.19 2019.08.08 EW Amendment No 3 to PSA dated 5-3-17 b Packet Pg. 21 4. CITY OF EDMONDS MIKE NELSON 121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 MAYOR +, Website: www.edmondswa.gov L PUBLIC WORKS DEPARTMENT 0 Engineering Division m AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT Waterfront Redevelopment Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and Environmental Works (formerly Barker Landscape Architects, P.S.), hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Waterfront Redevelopment Project, dated May 3, 2017 ("Underlying Agreement"); and WHEREAS, the Underlying Agreements authorizes the City to engage the Consultant to perform additional services on the Project through a written amendment signed by both parties in which the Scope of Work is expanded and any additional fees are addressed; and WHEREAS, the parties have amended the Underlying Agreement on three previous occasions (Amendment No. 1, dated December 20, 2018; Amendment No. 2, dated February 21, 2019, and Amendment No. 3, dated August 5, 2019); and WHEREAS, additional tasks to the Scope of Work have been identified with regard to providing Construction Phase Support and the parties desire to amend the Underlying Agreement to further revise the Scope of Work and amend the Underlying Agreement's payment provisions; NOW THEREFORE, in consideration of the mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of May 3, 2017 between the parties, as amended by Amendments 1-3, all of which are incorporated by this reference as fully as if herein set forth, is further amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the Underlying Agreement, as previously amended, shall be further amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $568,537.00 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, which was increased by Amendment No. 2 to include an additional not to exceed amount of $118,820.00 for the additional scope of work identified in Exhibit A to Amendment No. 2, and which was increased Packet Pg. 22 2.5.a by Amendment No. 3 to include an additional not to exceed amount of $178,465.00 for the additional scope of work identified in Exhibit A to Amendment No. 3, is hereby amended to include an additional not to exceed amount of $145,506.95 for the additional scope of work identified in Exhibit A to this Amendment No. 4. As a result of this Amendment No. 4, the total contract amount is increased to a new total not -to -exceed amount of $1,011,328.95 ($568,537.00 plus $118,820.00 plus $178,465.00 plus $145,506.95). In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth in Amendments 1-4, but only as set forth therein. DONE this CITY OF EDMONDS Michael Nelson, Mayor day of , 2021. ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) ENVIRONMENTAL WORKS Printed Name: Title: On this day of , 2021, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be Packet Pg. 23 2.5.a the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: \\EDMSVR-DEPTFS\Engineering\Capital\CAPITAL PROJECTS\E7MA Waterfront Redevelopment\Construction\600 Bids & Contracts\630 Contracts\EWorks\EWorks Professio Services Amendment No. 4 with Exhibit.pdf Packet Pg. 24 EXHIBIT A 2.5.a City of Edmonds ��0FEDI, Construction Administration Services for Edmonds Waterfront Environmental Works Redevelopment COMMUNITY DESIGN CENTER �„c iR90 REQUEST FOR ADDITIONAL SERVICES prepared by Environmental Works 40215th Avenue East, Seattle, Washington 98112 (206) 329-8300 fax (206) 239-5494 nmorin@eworks.org Assumptions of Original Scope: Eight (8) month construction period, with a potential 2 month break from December 2019 to January 2020 Consultant Team will only be needed every other week for the second half of construction Exclusions of Original Scope: Daily on -site monitoring of the Contractor's work; Engineering analysis and design services for inspection; Review of pay requests/ intent to pay prevailing wages, and other Contractor financial forms; Preliminary coordinatinon w/ Contractor; Processing of contract documents; Tracking contractor's progress; Preparation of meeting minutes; Design modifications during construction; Site visit to review TESC compliance; Preparing materials for and attending public meetings; Coordination or execution of any permitting related monitoring and reporting; Services related to environmental monitoring and permitting; Services related to the Waterfront Overwater Walkway; Warranty period backcheck and correction list for engineering related elements Last updated:07.29.2021 Highlighted items = Additional Services Reid Middleton Glumac Breakdown of work by personnel in hours Orig. Scoped hours Orig. Scoped fee Added fee Orig. Scoped fee Added fee Orig. Scoped fee Added fee Orig. Scoped Subtotal Total Added fee A. Construction Phase Support Actual Scope General internal project management and administration 42 weeks 48 $5,360.00 $16,532.67 $7,888.10 $9,963.53 $13,248.10 $26,496.20 Team Coordination &Telephone meetings (assumes 2 hrs/week over six (6) active project months or 26 weeks) 42 weeks 78 $9,040.00 $15,268.56 $12,842.50 $25,685.00 $21,882.50 $40,953.56 Pre -construction meeting (1 visit) 3x 6 $690.00 $1,035.00 $2,904.00 $1,452.00 $3,594.00 $2,487.00 Review of technical submittals for landscape elements 93 hrs 60 $6,400.00 $5,420.16 $6,400.00 $5,420.16 Review of technical submittals for engineering 1.0 5 $650.00 $23,430.00 $24,080.00 Answer up to thirty (30) Requests for Information (RFIs) 45 RFIs 42 $4,320.00 $2,160.00 $8,552.50 $12,828.75 $12,872.50 $14,988.75 Assist the City of Edmonds responding up to (5) change order proposals 14 RCPs 22 $2,560.00 $3,788.80 $10,964.80 $2,432.19 $13,524.80 $6,220.99 Weekly construction coordination meetings (8) visits over an eight month period 11 mos., 42 CA Cs, 20 $2,600.00 $10,400.00 $7,634.00 $7,634.00 $10,234.00 $18,034.00 20 Site visits Site visits Waterfront (3) 4.0 6 $780.00 $257.40 $2,827.00 $932.91 $3,607.00 $1,190.31 Site visits Civil (3) 7.0 6 $780.00 $1,037.40 $3,025.00 $4,023.25 $3,805.00 $5,060.65 Maintain an updated construction plan set 1.0 60 $6,300.00 $5,350.40 $11,650.40 Punchlist & Final walkthrough for all landscape -related items (1 visit + Notes) NOT INCLUDED 1.0 12 $1,380.00 $1,380.00 Punchlist & final walkthrough of parking lot (1 visit + Notes) 1.0 4 $520.00 $1,848.00 $2,368.00 Punchlist & final walkthrough of waterfront (1 visit + Notes) 1.0 6 $780.00 $1,584.00 $25364.00 Preparation of As -Built drawings 1.0 48 $4,640.00 $2,691.20 $5,117.20 $3,445.18 $9,757.20 $6,136.38 Project Closeout 1.0 48 $4,640.00 $10,671.00 $2,832.50 $7,314.45 $7,472.50 $17,985.45 Construction Admin support from Electrical Engineer 1.0 6 $690.00 $7,150.00 $533.50 $7,840.00 $533.50 construction Admin support and uoordinatlon wars I earn Artist P1.0 8 $980.00 $2,980.00 subtotal 485 $53,110.00 $69,262.19 $96,800 $75,711.26 $7,150.00 $533.50 $159,060.00 $145,506.95 Environmental Works Reid Middleton Glumac TOTAL -ALL CONSTRUCTION ADMIN WORK $159,060 2% (below AIA std) for direct expenses for printing, mileage, postage, etc. $3,181 PROPOSED DESIGN CONTRACT AMOUNT $162,241 10% Management Reserve for unforeseen work $16,224 TOTAL ORIGINAL DESIGN CONTRACT AMOUNT $178,465 TOTAL REQUEST FOR ADDITIONAL SERVICES $145, 506.95 Packet Pg. 25 2.5.b 0�' k CITY OF EDMONDS DAVE EARLING l.1 P 700 Main Street • EDMONDS. WA 98020 • 425-771-0320 • FAX 425-771-0253 MAYOR Websfte: www.edmondswe gov AU i� o PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City", and Barker Landscape Architects, P.S., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide landscape design and engineering services with respect to the Edmonds Waterfront Restoration project and waterfront connection; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of FIVE HUNDRED SIXTY EIGHT THOUSAND FIVE HUNDRED THIRTY SEVEN DOLLARS $ 568,537. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 1 Packet Pg. 26 2.5.b 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification 1 Hold harmless a reement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Pg. 27 2.5.b Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marifal status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent Contractor,. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City aporoval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Packet Pg. 28 2.5.b 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Chimes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assienahle. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that s/he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Comrliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. Packet Pg. 29 2.5.b 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Barker Landscape Architects, P.S. 3002 NW 68th Street Seattle, WA 98117 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF _ , 2017. Cl Y FED S BARKER PE ARCHITECTS, P.S. F By By David O. Earling, Mayor ATTE UT ICATED: Scott Passey, City Cl APP VE AS TO FO ice of the City Attorney Packet Pg. 30 2.5.b STATE OF WASHINGTON ) )ss COUNTY OF k ► nI ) rd On this 3day of O G y 5 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Towi K Bc r r to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. �1111LIIIjjj t'%"" S Otv l V j .' RY PUBLIC 1AV036m.ExP3►� ;z= y commission ex es: 21.20 .: 22. Da .� . ►� �rr111' ollis FI tilwAO""",` Packet Pg. 31 2.5.b Exhibit A SCOPE OF WORK SCOPE OF WORK 2017 EDMONDS WATERFRONT RE -DEVELOPMENT Landscape Architectural & Engineering Design Services Design Services The City of Edmonds (City) is proposing to redevelop their central waterfront adjacent to the Senior Center. Planned improvements include removal of the parking structure on the beach, restoration and the construction of a walkway, new plaza and parking lot at the Senior Center, and a new connecting walkway on the beach in front of the Ebb Tide condominium building for public access to the promenade to the south. Design for the Ebbtide and Waterfront Center began in September 2015 when Environmental Works (architects for the Senior Center) engaged Barker Landscape Architects (Barker) to prepare earlier versions of this scope of work and attached budget to assist the City with design and environmental permitting of the project. Subsequently, in November 2016, Barker participated in a meeting with the project team, including representatives from the City, the Senior Center, Herrera, and Environmental Works, to discuss project elements and schedule. The existing Edmonds Senior Center includes a building, parking lots, and sections of the Edmonds waterfront walkway. A portion of the existing parking area and waterfront walkway are located on a fill area supported by an older bulkhead. The City is planning to restore the shoreline in this area by removing the existing older bulkhead and fill area. The waterfront walkway that is currently on the fill area would be relocated landward to align approximately with the existing walkway located to the north and south of the fill area. The proposed walkway would have a slight curve in towards the land and a new upper tidal pocket beach area will be installed where the existing bulkhead and fill are located. Current plans also include two beach access stairs, one located at each end of the new walkway section. The plan also includes reorientation of the parking area with new drainage and rain garden systems. A pile - supported bulkhead is planned on the waterward side of the new walkway. The design of the bulkhead is anticipated to consist of buried steel I-beam piling supporting a concrete fascia. Barker Landscape Architects has teamed with Reid Middleton Inc. (civil and waterfront engineers), Landau Associates (geotechnical), SWCA (archaeological) and Bruce Myers artist. In coordination with Herrera Environmental Consultants (who are under a separate contract with the City) we will be preparing surveys, design plans, presentation graphics, permit applications and supporting documents for this design, which will be used to assemble permit applications, for review and approval by the City, and to advertise for construction of the project. This scope of work includes the following: Geotechnical and Cultural Resource Investigations. Assistance with application for City land use permits (e.g. design review,ADB,clearing and grading, right-of-way, stormwater) City of Edmonds pre -application meeting and Land Use Application Public and stakeholder meetings including public display Graphics April 18, 2017 1 of 13 BarkerLandscape Architects Packet Pg. 32 2.5.b Exhibit A SCOPE OF WORK Coordination with Architects for new Waterfront Center Coordination with Environmental Consultants for Permits Assistance with drawings for application for Federal and State land use permits r (e.g. USACE/Ecology/WDFW/JARPA) and associated activities based on pre - application meetings and Land Use Application) Full Civil and Landscape Architectural design and construction specification writing services (25%/50%/90%/Final Bid Docs) Integrated public art elements to be compatible with existing Promenade Cost estimates for Civil and Landscape Architectural elements (25%/50%/90%/Final Bid Docs) Full Bidding support This scope of work does MLinclude the following: Design of the Railroad Avenue streetscape or roadway improvements r Building Utility design or coordination Permitting assistance and preparation of studies related to hazardous materials Informal coordination with local tribes outside of the pre -application meeting Permit Fees Construction support services Support during an appeal process for any project permits The foliowino table outlines the work in this Geotechnical Investigation Cultural Resources Civil/Structural Design Product Borings Recommendations for foundation Compile known Cultural Resources Foundation system design Piling Plan Piling Cap detail walkway structural railing structural structural calculations Purpose • basis for design and cost estimate • basis for SEPA • basis for design and cost estimate April 18, 2017 2 of 13 BarkerLandscape Architects Packet Pg. 33 2.5.b Exhibit A SCOPE OF WORK Architectural, Walkway layout and grading basis for design, choices and cost estimates Hardscape and Stair layout and grading Landscape Design Ramp layout and grading Public Art components Landscape plans for restoration, softening and screening I Artistic elements integrated throughout Based on the pre -application meeting with the US Army Corps of Engineers (USACE) that occurred on September 11, 2015, the team meeting on November 2, 2016, and an evaluation of City of Edmonds environmental permitting requirements, the following environmental permits and approvals are anticipated for the project. Our team will support Herrera's permit applications (Herrera is not included in this contract) by providing drawings, estimated materials quantities and schedules for these permit applications: Regulatory Agency Permit Compliance Approvals US Army Corps of Clean Water Act Section 404 and Rivers and Harbors • Endangered Species Act Compliance (may Engineers (USACE) Act Section 10 --Nationwide Permits affect, not likely to adversely affect I determination) • Magnuson -Stevens Fishery Conservation and Management Act Compliance I • National Historic Preservation Act Section 106 Compliance • Coastal Zone Management Act Consistency Certification Washington State Section 401 Water Quality Certification Department of Ecology Construction Stormwater General Permit (Ecology) Washington Department Hydraulic Project Approval (HPA) I • State Environmental Policy Act (SEPA) of Fish and Wildlife Threshold Determination City of Edmonds (City) Shoreline Substantial Development Permit • SEPA Threshold Determination • Critical Areas Checklist and Review These environmental permits are anticipated based on the following assumptions. If the project does not continue to align with these assumptions, additional permits and approvals may be necessary, which are not included in this scope: r All project elements will be permitted together as one Federal project with two separate phases for work that is vulnerable to appeal: Phase 1 includes redevelopment of the Senior Center, the parking lot, and bulkhead removal/beach restoration; Phase 2 includes the Ebb Tide Walkway. r USACE will be the lead federal agency. r Any intertidal eelgrass beds will not be impacted by project actions r Proposed bulkhead/steps and stormwater outfall(s) will be located waterward of the mean higher high water (MHHW) elevation of Puget Sound. r No excavation of hazardous materials will occur waterward of MHHW elevation. r No excavation will occur in undisturbed native soil April 18, 2017 3 of 13 BarkerLandscape Architects Packet Pg. 34 Exhibit A 2.5.b SCOPE OF WORK Project will comply with Washington Department of Natural Resources guidelines for pile removal. Excavation waterward of MHHW elevation will occur with equipment positioned on uplands. Construction staging will occur landward of MHHW elevation, with the exception of the Ebb Tide Walkway, which may be constructed by barge. Project will not result in a net increase of impervious surfaces. Project will comply with current Washington State Department of Ecology(Ecology) stormwater manual requirements. Project will be constructed on property owned or on an easement held by the City of Edmonds. Ebb Tide Walkway will be constructed landward of the MHHW elevation. Project will be permitted under a Section 404 Nationwide permit and will not require an individual permit. The project will not require an Individual Section 401 Water Quality Certification. The beach restoration element of the project will be mitigation for permanentimpacts associated with the Ebb Tide Walkway construction. No off -site mitigation will be required. Assistance with application for other City permits (e.g., clearing and grading, right-of-way, stormwater, and building permits) and associated activities (e.g., City of Edmonds pre -application meeting and Land Use Application) Permitting assistance or preparation of studies related to cultural resources or hazardous materials Project design services Permit Roadmap The new SMP is back with Ecology for comment and Kernen anticipates a decision around May 1, 2017 followed by the City adopting the ordinance and integrating it into code around June 1. Of course, all of this is subject to change and would likely fall in the "later" rather than "sooner' timeframe. The project will require a Land Use Application for a Conditional Use Permit (for the building — review under the Architectural design board) and a Shoreline Permit (triggers the Critical Areas Report and SEPA checklist). We cannot apply for these permits until the new SMP has been adopted and we have a decision on the location of the walkway. Therefore, I'm aiming to have the SEPA Environmental Checklist, Critical Areas Report, Biological Evaluation, and JARPA ready to go June 1, with City review of draft documents in mid -May. City review of the permit applications would be 3-4 months, if all goes smoothly with public comments. The JARPA, Biological Evaluation, and Critical Areas Report should be submitted to the Corps around the same June 1 timeframe. 50 percent design plans in Corps format will accompany the JARPA. Application April 18, 2017 4 of 13 Barker Landscape Architects Packet Pg. 35 2.5.b Exhibit A SCOPE OF WORK review and permit issuance could take 6-12 months. If the walkway remains on the beach, it should be constructed on piers/piles to simplify CorpsMDFW permitting. The HPA application requires a SEPA determination (part of the Land Use/Shoreline permit). HPAs are typically issued in 45 days. PROPOSED NEAR -TERM 2017-2018 SCHEDULE Mid -May — Submit draft Critical Areas Report, SEPA Environmental Checklist, JARPA, and Biological Evaluation for team/City review Mid —May — Pre -application meeting with City, Corps, WDFW if walkway located on the beach June 1 [adoration of SMP) — Submit Land Use Application, Critical Areas Report, Shoreline Permit Application, SEPA Environmental Checklist to City; JARPA, Biological Evaluation, and Critical Areas Report to Corps October — Shoreline Permit, Conditional Permit, SEPA determination issued from City; HPA application to WDFW submitted December — HPA issued December (2017) to June (2018) — Corps permit issued Overview of Project Tasks: Barker's scope of work includes a discussion of the activities, assumptions, and deliverables associated with the following tasks that Barker will perform on the project: Task A: Scoping, Baseline Investigations & 25% Preliminary Design Task B: 50% Design Development and Permit Submittal Task C: 90% Construction Documents Task D: Final Bid Documents Task A — Scoping, Baseline Investigations and 25% Preliminary Design Barker and the Team will develop a permitting plan in the form of a matrix that will serve as a permitting "road map" for the project. The matrix will identify applicable required federal, state, and City permits/approvals required for the project. For each permit/approval identified, the plan will identify the regulatory agency and contact information; jurisdiction/trigger; submittal information and required supporting materials; permit review timelines; fees; and comments specific to project elements. In addition, this task will entail assessing applicability of streamlined permitting mechanisms, potential mitigation requirements, and related support for navigating the permitting process. Under a separate contract, Herrera will coordinate with USACE, WDFW, the Tulalip Tribe, and the City's Development Services Department as necessary to develop the permitting plan. Barker and Team will prepare for and participate in meetings with the project team to discuss project plans, design development, schedule, necessary permits, and permit submittal requirements. Herrera will prepare for and participate in a pre -application meeting with representatives from USACE, WDFW, the Tulalip Tribe, and the project team to discuss the permitting plan, permit submittal requirements and schedule, and proposed mitigation strategy. Herrera will coordinate with the project team to prepare coordination/support materials for the pre -application meeting, including drawings, evaluation documents, calculations, or other materials, as requested by the City project manager. Meeting notes will be prepared by the Team following April 18, 2017 5 of 13 Barker Landscape Architects Packet Pg. 36 2.5.b Exhibit A SCOPE OF WORK all meetings. This scope does not include frontage or building utility design work. Reid Middleton will finalize the Coastal Engineering Report to address wave and tidal forces, Landau will compile geotechnical boring and subsurface conditions reports from existing and new data, SWCA will do baseline Cultural/archaeological research, and work with the team and Herrera to contribute to the SEPA Environmental Checklist. This baseline information will contribute to appropriate design plans and permit applications. Landau Associates (LAI) will review previously collected geotechnical data in the vicinity of the proposed project and complete two borings at the site in order to characterize the soil and groundwater conditions. One boring will be located within the portion of the existing parking area and waterfront walkway that is located within the fill area supported by the older bulkhead. The second boring will be located to the east of the first boring along the approximate alignment of the new bulkhead. The proposed borings will each be advanced to a depth of about 35 ft below existing site grades, or until practical refusal. Access to the site is somewhat limited due to parking use. We therefore propose that Barker Landscape Architects or the City temporarily restrict parking access in the boring areas when we plan to drill. Care will be exercised to limit surface disturbance during drilling and backfilling of the exploratory borings; however, some disturbance to the existing pavement is inevitable and our services do not include landscaping or extensive pavement restoration other than patching the boreholes with lean mix concrete. The explorations will be coordinated and monitored by a LAI representative. The explorations will be located in the field by reference to available site features. To avoid buried utilities, we will coordinate with the City for any know information about existing site utilities, contact the one -call utility locating service, and hire a private utility locating service to check for potential conflicts with underground utilities prior to performing field activities. Representative soil samples will be obtained from the explorations at selected intervals and transported to our geotechnical testing laboratory for further examination and testing. Soil samples obtained from the explorations will be held in our laboratory for 30 days after submittal of the final report. After that date, the soil samples will be disposed of unless arrangements are made to retain them. Geotechnical laboratory testing will be completed on representative soil samples obtained from the explorations, and is planned to consist of visual classifications, natural moisture content determinations, and grain size classifications and hydrometer analyses on up to 2 samples. Engineering analyses and reporting by Landau Associates will include review of the information collected during their subsurface explorations and site reconnaissance and conduct geotechnical engineering analyses in order to develop geotechnical conclusions and recommendations to support the design of certain proposed project features. The results of the field explorations, laboratory testing, engineering analyses, and geotechnical engineering conclusions and recommendations will be summarized in a draft written report. Upon receipt of review comments from Barker Landscape Architects and the City, Landau Associates will address the comments and submit a signed and sealed geotechnical report. The geotechnical report will include: A site plan showing pertinent existing site features and the approximate location of the borings completed for this project, as well as readily available previous explorations in the vicinity of the project by LAI and others. Descriptive logs of the subsurface explorations and the results of the geotechnical laboratory testing program. A summary of surface and subsurface soil and groundwater conditions observed during our field exploration program. Estimate groundwater flow April 18, 2017 6 of 13 Barker Landscape Architects Packet Pg. 37 Exhibit A 2.5.b SCOPE OF WORK rate, in the event that dewatering is required during construction. This information will need to be part of the bid package, so Contractors can estimate the type and cost of an adequate dewatering system. A summary of what possible contamination might be expected, or possible buried objects like logs or debris from waterfront uses prior to the senior center. A phase one environmental assessment will be done as part of this scope. Additional borings shall be done to reduce unwanted surprises during construction. The testing shall include shallower, and more test pits that was originally proposed. Included is the lab/testing work involved in determining if there is soil contamination. Also it will include a test pit, or drilling, near where the bioswale is shown on the plans. An evaluation of the feasibility of the proposed project with respect to geotechnical considerations. Recommendations for site preparation and earthwork, including reuse of site soil, and criteria for selection, placement, and compaction of structural fill. Recommended temporary and permanent excavation slopes. An estimation, based on our proposed borings, of the thickness of fill to be encountered in the area of the existing older bulkhead to be removed. Seismic design criteria. Recommendations for lateral earth pressures (presented in terms of equivalent fluid pressures) for the pile supported bulkhead under static and dynamic loading conditions for use in design of the bulkhead. Recommendations for shallow foundation support of the smaller project features such as stair structures and seat wall, including subgrade preparation, allowable soil bearing pressure, estimates of settlement, and soil parameters for lateral load resistance. An assessment of the feasibility of infiltrating stormwater in the raingarden areas. Estimates of infiltration rates will be based on grain size analyses. Recommendations for geotechnical monitoring and consultation during construction. Preliminary Architectural and Engineering design is the focus of this Task, and the team will develop concepts to present to the City and Stakeholders to get input and make revisions as needed. This will include plans, 3D computer models, sections, details, and illustrations to convey the character and form, elevation and size of the components making up the walkway. Transitions to the existing promenades and seawalls, the new Waterfront Center, parking plaza and restoration areas, and in all compass directions will be developed. Assumptions Barker will review a draft permit matrix and roadmap prepared by Herrera and comment by the project team and Herrera will respond to one consolidated set of comments and finalize the permit matrix. April 18, 2017 7 of 13 Barker Landscape Architects Packet Pg. 38 2.5.b Exhibit A Deliverables SCOPE OF WORK Evaluation under the National Environmental Policy Act (NEPA) will not be triggered. The project will be evaluated under the City's proposed Shoreline Master Plan update and Critical Areas Ordinance update. The project will be evaluated using the proposed updates to the USACE Seattle District's 2017 Nationwide permits (Special Public Notice dated June 20, 2016, as revised). Barker and Team will prepare for and participate in up to five (5) one -hour conference calls with the project team and provide meeting notes after each meeting. Herrera under a separate contract will make all necessary arrangements for the on -site pre -application meeting with USACE, WDFW, Tulalip Tribes, and project team members. Herrera will prepare a meeting agenda. Barker team members of will provide design drawings and calculations, and review as relevant to support the discussion in this meeting. The pre -application meeting is assumed to be up to 2 hours in length and will be held at the project site; travel time to the meeting is assumed to be 30 minutes each way from Barker's offices. Reimbursable rate is $.05351mile, per US General Services Administration. The pre -application meeting will be attended by Barker and Reid Middleton Barker and Team will submit monthly invoices in a format approved by City. Preliminary Waterfront Center Site Plan Preliminary DemolitionlTESC Plan Preliminary Promenade Walkway Layout Plan Preliminary Waterfront Center Restoration Plan 3D computer model simulating preferred layout plan Final Coastal Engineering Report Geotechnical Report Archaeological Research Report Preliminary Promenade Architectural and Landscape Design Preliminary Bulkhead Engineering Plan Preliminary Stair Engineering Plan Preliminary Beach Material Engineering Plan Preliminary Grading and Paving Plan _ „Preliminary Stormwater_Plan April 18, 2017 8 of 13 Barker Landscape Architects Packet Pg. 39 Exhibit A 2.5.b SCOPE OF WORK Preliminary Water and Sewer Plan, not included Permit Plan coordinated with Herrera Pre -Application Meeting agenda and notes Preliminary Probable Cost of Construction Estimate in accordance with the City's estimating policy. Project Schedule Task B — 50% Design Development Barker and Team will develop schematic plans that are based on city and stakeholder input from task A review. The Team will prepare for and participate in meetings with the City and Stakeholders to discuss project plans, which will include 50% level Cover, TESC plans, grading and drainage at the transitions north and south of the EbbTide, Pile and Superstructure Plans and Details, Layout plans, Site Sections, Walkway and Stair design details. The team will also produce 50% level Edmonds/CSI format specifications, and Cost Estimates. The 50% design models, plans, details, projected costs and project schedule will be presented to the City Team and Architectural Design Board. Assumptions Barker Landscape Architects and Team will use input from Task A to finalize the preferred alternative layout to develop full package of 50% complete drawings and specifications. The drawing submittal will be prepared using ACAD 2014 and will include a cover sheet, TESC/demolition/grading/drainage/layoutllandscape, civil and structural plans The team meetings are assumed to be up to 2 hours in length and will be held at the project site or nearby; travel time to the meeting is assumed to be 30 minutes each way from Barker and Team member offices. Reimbursable rate is $.0535/mile, per US General Services Administration. These drawings will be formatted for permit applications, and submitted to the agencies once they have been approved by the Client. The team meetings will be attended by two Barker and two Reid Middleton staff. Barker and Team will submit monthly invoices in a format approved by City. Review of HPA Permit, Ecology Permit, and Critical Areas Report Deliverables 50% Waterfront Center Site Plan 50% Demolition/TESC Plan 50% Waterfront Center Restoration Plan 50% Promenade Walkway Layout Plan April 18, 2017 9 of 13 Barker Landscape Architects Packet Pg. 40 Exhibit A 2.5.b SCOPE OF WORK ' 3D computer model simulating preferred layout plan ' 50% Bulkhead Engineering Plan ' 50% Stair Engineering Plan ' 50% Beach Material Plan ' 50% Grading and Paving Plan ' 50% Stormwater Plan & Report ' 50% Landscape Plan ' 50% Water and Sewer Plan, not included ' Waterfront Center Utilities and Road Frontage Plan not included ' Permit Application supporting plans and material quantities ' Project Schedule ' 50% Plans, Sections and Materials List ' 50% Outline Specifications in Edmonds/CSI format ' 50% Probable Cost of Construction Estimates ' 50% Architectural Design Board Presentation materials ' Permit Applications, JARPA/Shoreline, USACE/Ecology/City drawing formats Task C — 90% Construction & Bid Documents Barker and Team will develop 90% construction plans that are based on city and stakeholder input from task C review. The Team will prepare for and participate in meetings with the City and Stakeholders to discuss project plans, which will include any revisions from City and Agency review, including 90% level Cover sheet, TESC/demolition plans, grading and drainage the restored beach, parking lot and plaza at the Waterfront Center, at the transitions north and south of the EbbTide, Pile and Superstructure Plans and Details for the walkway, Layout plans, Materials plans, Site Sections, Walkway and Stair design details. The team will also produce 90% level Project Bid Manual, CSI format specifications, and Probable Construction Cost Estimates, The 90% design models, plans, details, projected costs and project schedule will be available to be presented to the City Team and Architectural Design Board if necessary. This iteration of the drawings and details will be ready for submittal to the City for Clearing/Grading and Building Permits. At this point structural calculations and other permit submittal requirements will be prepared along with permit applications. The Team will prepare the documents for client approval, and submit the permits once approved. The City will pay any and all permit application and review fees. Assumptions ' Barker Landscape Architects and Team will use input from Task C to develop full package of 90% complete construction drawings and specifications. ' The drawing submittal will be prepared using ACAD 2014 and will include a cover sheet, TESC/demolition/gradingldrainagellayout/landscape, civil and April 18, 2017 10 of 13 BarkerLandscape Architects Packet Pg. 41 Exhibit A 2.5.b Deliverables SCOPE OF WORK structural plans Coordination with all permit agencies will be done during this phase as necessary to keep the permit process moving as smoothly as possible. Design clarifications and/or modifications may be requested by these agencies, and these will be discussed with the City to determine any necessary actions. The team meetings are assumed to be up to 2 hours in length and will be held at the project site or nearby; travel time to the meeting is assumed to be 30 minutes each way from Barker and Team member offices. Reimbursable rate is $.0535/mile, per US General Services Administration. The team meetings will be attended by two Barker, and one Reid Middleton staff members. Coordination with utility companies to ensure all utilities within the project limits have been identified and are shown on the plans, not included. City standard details will be incorporated into the plan set. Multiple bid schedules may be required to accommodate available funding sources. All bid schedules will include enough bid items to breakdown the construction work to be performed by the contractor. The City will have the final approval on the type and quantity of bid items to be used in the contract. Quantity tabulations shall be prepared for each bid item and submitted to City for review. The drainage design will comply with the Edmonds Community Development Code (ECDC) Chapter 18.30 and the stormwater addendum. Maximum Extent Feasible documents for sidewalk designs that can't meet ADA requirements, not included Barker and Team will submit monthly invoices in a format approved by City. Revised drawings based on City, Stakeholder, Agency Input as necessary 90% Plans, Sections and Details (see detailed list, subject to change) 90% Draft Project Bid Manual in Edmonds format with WSDOT/APWA Division 1 General Requirements and special provisions 90% Project Construction Specifications in Edmonds/CSI format 90% Probable Cost of Construction Estimates in accordance with the City's estimating policy 90% Architectural Design Board Presentation materials Clearing/Grading/Building/Stormwater Permit Submittal Revised Permit Ap lications, JARPA/Shoreline, USACE/Ecology, City formats April 18, 2017 11 of 13 Barker Landscape Architects Packet Pg. 42 Exhibit A 2.5.b SCOPE OF WORK Final Stormwater Report Project Schedule (updated monthly) Task D — Final Bid Documents Barker and Team will develop Final Project Bid Manual and Construction plans that are based on city and stakeholder input from task D review. The Team will prepare for and participate in meetings with the City and Stakeholders to discuss project plans, which will include any revisions from City and Agency review, including the Final Cover sheet, TESC/demolition plans, grading and drainage at the transitions north and south of the EbbTide, Pile and Superstructure Plans and Details for the walkway, Layout plans, Materials plans, Site Sections, Walkway and Stair design details. The team will also produce the Final Project Bid Manual, CSI format specifications, and Probable Construction Cost Estimates. The Final design models, plans, details, projected costs and project schedule will be available to be presented to the City Team and Architectural Design Board if necessary. The Team will also follow up with all permit agencies to ensure that permits are issued, and any changes required by the permits are incorporated into the bid documents. Any final fees required to issue permits will be paid by the City. Assumptions Barker Landscape Architects and Team will use input from Task D to develop full package of final complete construction drawings and specifications. The drawing submittal will be prepared using ACAD 2014 and will include a cover sheet, TESC/demolition/grading/drainage/layout/landscape, civil and structural plans, and all necessary details and permit requirements. Coordination with all permit agencies will be done during this phase as necessary to get the permits issued for construction. The team meetings are assumed to be up to 2 hours in length and will be held at the project site or nearby; travel time to the meeting is assumed to be 30 minutes each way from Barker and Team member offices. Reimbursable rate is $.0535/mile, per US General Services Administration. The team meetings will be attended by one Barker, and one Reid Middleton staff members. Maximum Extent Feasible documents for sidewalk designs that cannot meet ADA requirements, not included. Barker and Team will submit monthly invoices in a format approved by City. Deliverables Final drawings based on City, Stakeholder, Agency Input as necessary Final Plans, Sections and Details including all permit revisions issued for construction. April 18, 2017 12 of 13 Barker Landscape Architects Packet Pg. 43 2.5.b Exhibit A SCOPE OF WORK Final Maximum Extent Feasible (MEF) documentation Final Project Bid Manual in Edmonds/CSI format Final Project Construction Specifications in Edmonds/CSI format Updated Probable Cost of Construction Estimates Final Architectural Design Board Presentation materials Permits issued for construction: JARPA/Shoreline, USACE/Ecology, City grading and building permits. ASSISTANCE DURING BIDDING: Prepare addenda and respond to bidders questions relayed through the City. It is assumed that Barker will prepare three (3) addenda, unless additional addenda are necessary to correct errors or omissions by Barker and/or Team in the design plans or specifications. April 18, 2017 13 of 13 Barker Landscape Architects Packet Pg. 44 2.5.b Exhibit B 1 City of Edmonds aNlo Design Services for Edmonds Waterfront�t,rra.,n Overwater Walkway @ Ebb Tide `'�e *� pill + r Redevelopment �`W: 11 201FSSgePofW» IkFaLarlmkblo. Pansy r ,.�.+k 1vq•+.,,: jj�flFalgn a C[yhtlaV Sarvpbs oracles A'rts3 Scope of work and Fee Proposal 4) prepamd by Bela Lendsrepe A mhdecls 3002NW681h Street Seayk.We#mxon99117 (206J7832870 U'(206)783J212 gd.@15sakedacam Iris E Assumptions. Larxbospe A Mdural, Begi ng servees mraa design, Pandang Marioes for he Ebb Tide and new Warerlrent Center Moreline pmensoade devebpleml ant reabrelion Al m h %bmilal, Oil will heve 3 weeks b review and mapoM Cily is responslde far easements, any legal toes, dMkatbn kgoi documents and legal upped Not Worried.Permit subal" lees. ConsWcbwl edminbtrafion T fine Marsh 2017Jan-y 2018(mayeAaM IsM.,loupe 2010 dapeMirg on parrot protest) Los[ upda col 4 2017 wmnup aa...iagrn awes 29% Bedta Landscape Archnecis NWA&*k". Lam, SWCA My". .wMvs�'.r�m�+ IaRel dates , sera st,+.. cv aee.a s.ti-,• u 5 tA, Bagl lino h1 D Ti Prifilirflinmy Ogsigin tax y po IN IBMraN Penny Real plan aM coordination w/Teare during 25%Deslgn Spdng 2"' 8 6 6 SM1R (1) Kickoff and (4) Team Site Visit Spdng 2017 4 4 $787 $1,1171 (1) Internal Team Coordination Meetings Spring 2017 $ 3 9' $248.0 (1) EWC Team CoaNlnslhn Meetings Sprig 2017 3 $ 2 $2480 Background Review Spring 2017 $ 4 4 $1,309 $1,5787 (3) CrySpring 2117 61 6 $903 $1,2989 (2)Srakeholdermea11 Spri112117 4 6 a $528 $9630 Deolechnlcal lnvesdg*M Spring 2017 1 1 1 66.078 $1,501 $7,8640 Biological Evaluation review Spring 2017 ; 2 2 $2175 SEPA Environmental Che&M review Spring 2017 7 2 k. $1653 P.11. Ovetwel.r Walkway Engineering Spring 2017 $7.212 $712118 Overwlter Walkway ArchNwiural and Landscaper Design Spring 2017 6 20 20 $2.000 SBA4&0 25%Coal Ell Spring 2017 4 4 6 $3770 Pro)ed Management McMrng roles, QNQCgcmuntirg and Office Support Spring 2017 12 10 8 $1,353 $2,1940 Update proy:ct ldhadule Seri 2017 1 3 1 $1407 Udall 90 97 75 ..bud MAN SUM %M i1A61 $Imp 932r218 nt L3w.L.M.eersrAU _m Ira. 1yp)dsrpa.n. acile es FMIdal ra tM during sukr4r 2D17 3 e 6 1:.:5E Pas zpvlw meawgs, Oannivica Napeclasn p+orP.�Orn for Fed Stale, and City pelf Summer2017 1 4 $275 $512e (2)T-9te Vista Summer 2017 0 0 6 $495.9 (2) Informal Team Coordination Meednge Susie 7 4 9 a $4350 (2) EWC Team Coordination Moorings Sum-2017 4 4 4 $330.6 Coordination mee0ngs with Permuting Agendas Somara 017 6 14 a $6932 Technical Description pormho and roponeeo to tech. question Summar2017 2 e $B14 $1,424.0 Update task 0slto respond to project permg requhemenb gathered during 25%design Summa2017 0 $2320 Design Revlslons Summel a 12 4 $6044 Updabld 3D model and Sknul.does Sunn-2017 1 10 16 $7381 SbrkehddereagagemeM Summer 2017 a A 12 $5162 50% Engheerlrg Drawings Summer 2017 $10,160 $10.1600 Site Plan Engineering Summer 2017 $1,540 $500 62,0400 Coal Engineering Summer 2017 $589 $Us5 Overweter Walkway Engineering Pile Plan Summer2017 $6,391 $0,391.0 Overwater Sup.r.[mctur6 Engineering Plan and Delelh Summer2017 $7,109 $7,799.D Fn9ln"'ng for RMlings Surnind 17 $1,474 $1,474.0 Engineering for Decking and Flnlehes Summer 2017 $1,736 $11738.0 Enp'cwel9y for T-aadalmmoNr4adm4 Summer 201f $5,742 $500 $8,2420 50% Cover Sheet(l shear) Summer 2017 1 2 6 $2277 50% TEED I Demo Plan (2 sheets) Summer 2017 1 2 4 $1813 50%Dealing & Drainage Plan, (I shell) Summe2011 1 2 12 $3973 50% My Plan, (I ahea) Sone-2017 4 2 12 $3973 50% Layout plans (1 shce0 Summer 2017 4 10 12 $6902 50% Ebb Tide walkway,railing, Wlledc and stair design dotalle(I shoot) Summer2017 4 4 18 i3B0 $3,1600 50% TreneNon Plana. Beach. Bouldere, Material, Bails and Lendoupe plan(I shnq Summer 2017 a 19 24 $4,360.0 ""G¢dm' g cry FemaMa 1s hit wasawr¢Btt 4 4 10 $1,620.0 50%Land.upe0nlgallon plan and details if of Summer 2017 1 2 8 $2741 Review, of M Set Summer2017 a 12 $4690 50%Modified CSl formal ou[lin spectrabone Summer 2017 20 $ 16 $3,454 $4,6792 50%Cost Estimate Summer2017 12 0 11 $902 $1,6966 JARPA/Shoraflne PermhsubmlSel drawings (Boll RM CAD work only- not included In Norma scope) Bummer 2017 1s 14 70 1810500 50% Architectural Design Review Document &Presenflon Surn-2017 A 10 20 $9976 QAIOC Review of 60% Set Summer2017 12 23 6 $1,337 $2,5081 Submit PermitApplicallme Sumase,2017 12 2 10 $1946 sublolM 149 192 y29 ka" $29,731 W]l4 $a W 5120 s73 40 Arc1.NA 4Bee MlM e axe, .� during TOW D-L;V FII Team Sae Mlb Fall 2017 6 B 6 4* $4959 Team CooNkletlon Meetings Fall 2017 6 6 $4959 Coordination mal with Parenting Agendas FaI1201; 2 6 52349 Revised ask list to respond to pmjKi Permit requirements gathered during Ely%design Fa 20 2 a $2929 Design Ill Fall 2017 6 1$ 18 $785A Site Plan Engineering Fell 2017 2 2 10 $275 $1,485 Demolition Engineering Fall 2017 $275 $275 Ovenvaler Walkway Engineering Pile Plan Fall MIT $1,848 51184a Ovenaler SupmamlcWre Pan 60.1.11a Fall 2017 $5,973 K973 Engineering tar Ralling Fall 2017 $1,177 $1,177 Engineering far Decking and Fl,khes Fall 2017 $1,386 $1,380 Engineering far Trensltlon Modlncationa Fall 2017 $3,476 $3,470 90%Engyreadng Dall FeI12017 .$ 4 2 $8,393 $8,585.9 90%Design Fe112017 1 4 2 $1929 90%Cover.k-vslta Plan (2 sheets) Fall 2017 1 1 2 $365 90%TESC/ Dome Ms. (2 sheets) Fall 2017 4 1 11 $4307 90% Pde Plan (1 IN"' FeI1201; 1 1 $ Soups BO%SupereWdure PaneMDealle (2.hets e) Fa112017 2 4 6 $1,250 90%Raghlg, Including aided, and a lruchmel.iemem.(I shear) Fall 2017 8 8 1$ $1,gW 53,710 WA backing end Fleshes (1 shesl) Fall 2017 4 4 11 $500 $2,500 90%CIW A Structural plans and detais(2 sheets) Fall 2017 2 4 0 $M661 90%Landecapallo llon plans and del us shoal) Fall 2017 3 12' 22 $1,1111.11 90%test mul le Fell 2017 4 4 4 $902 $1,279.0 ONOC Review of 90%Sal Fa II 2017 S 23 6 $1.221 $2,2708 Front End Spedfoallms Fe112017 20 16 0 $1,1832 Develop specifications and bra manual -90% Modified C5l Specked- Fall 2017 32 3 1$ $3,245 $4,2339 Packet Pg. 45 2.5.b Exhmtl 13.1 BuWep Pem4 admWd Fe12017 a 25 $3,113 Clew and Grade Paradt submSW Fah 2017 ] e 25 WA UtlhyI SWmbr PermM stibff el Fa320>1 2 a 95 $872.9 . tom 113 166 252 1 ear 32k.414 Ima II 1e $p sl wl $51.147 e,aw Teem Cawdhta6on Meetltpe WMer2017 4 4 a S330A See Pen EnWM*V Whller 2017 $275 $275.0 Deradkhn Erlgkm q WW2011 $276 $2760 Ow*IW Welkny Engbaerrtp Plle Pen Whtter2017 Ilm $352A Omwdu Supereauoera Plan 6 Debris WhAwMi7 H,17i $11177A Rdk,g www201T $352 $362.0 Deddng and FSdaltee WWK2017 $626 $826,0 Tw&"Modta" Weet2017 $1,139 $1,738.0 FrWD,&w o 1Wkm. y 17 1e 24 $8,916 $7,300,0 Fmrd End SpeollmU m We6r 2017 IA 4 8 8849.7 Tom,"S wwftwm Wirier 2017 15 4 4 VA30 $2,28.9 100%Cod E4Ynee Weer2017 +7 2 12 $726 $1A27.8 Croee.Aloe hid Kt"102 a WCOngrodee MMYg e0=01 SpMp 2018 6 12 12 $pp9.1 Pmbld oenerems, dwft om Sprhg 2016 a 8 8184 $60TA Oute bki, 8tl SWW, Anwar Mike gtgWom Sp6ng 2016 5 12 14 $01 $1,387A AddaMa(euune 3 mW ow btl dda requhe mom) Bp6tp 2016 d. r2 S $866 $1,682.0 OAIOC 415 8 IB 4 $1ARS $2,111A --o Iddx nwu,e:m al ,4 eg 3DB 142 96 Funu. 43M Slate: 51 A 1r. $24 572 Barwl�a>tp4'eAtvMta t►aaw axu 7ewaliM31[ae3uarpeAnHarrLr $hareem EM, Gedech Azfrsau W A6 TOTAL• ALL DESIGN WORK 3runs $94428 Am $t,601 $60e $181,382 2%(halhi w*0 ki end eey-iw pm -p, maaape, pm%w. am. 53Gp8 PROPOSED 0ESIGN CONTRACT AMOUNT $105 009 10%M4n"ww Remrro (pr unfP1e69gn'%wk Sm.501 TOTAL PROPOSED DESIGN CONTRACT AMOUNT $203,510 Packet Pg. 46 Exhibit 9.2 2.5.b City of Edmonds Design Services for Edmonds Waterfront Parking Redevelopment Lot .1 1 + ,, �• ;;,:,"•.,,, y n 2w11_SOM MwOrk fQ&VI50 F$td. Aafu32xrmga+aSGulurV Semcea Dirmlrr Scope of work and Fee Proposal on"'by Badua Landscape An3itlada 3002 NW 6Bfh Sheol, seams, Washlrgdn 98f 17 (206)783.2870 fsx(2os)7B&92f2 pbnl§dakedemn Aaeumptlma. leiMsra s, ArcNleduml, Engineering aervkes for fun dealgn, penrieng se aces ha he Ebb Tide aid new W,I rhaM teal updated 4 2017 Carter shoreline pmmenade develot an pmend malvetion At eadi submillal, CilyM have 3 Necks to review and mr9od City is maporulbW for easements, any legal tree, dedication legal doroments, and legal support E a Net dchmi d- U Pend wintral fees, Coneewdion admidee bon (� Tmelme March 2017Jenuary 2018 (msy emend Ann. inlo 2078 deparder, on perm4proressJ L r e.mba dowmi qq.a e.ar c 29% Berk.L rxscaye A1d*.. =11ftIl lead. SNCA Ily- 0 U a+.w.a dawarw�+W ear.. dgrl dales la�,a.sm w o..y,.r smron nq udu, pdudw, .. A. 3co In 8as lino ngoalf ollo and 25% LWIrnindary 1holgri slag SIM N Do Q Penh Rcadmep plan and coordination wf7sam during 25%Design Sprig 2017 6 4 4 $6612 (1] h1,101 anal (4 ham Sl,a Vlfa Spring 2017 a 4 A $649 $9790 N (1) Intamd Team Coordination Meetings Spring 2017 3 $ ] S2489 (1) EWC Team CoordeleOon Heeling. Spring 2017 2 1 $2480 Background Review Spring 2017 $. t A $347 $6162 $C (3)CBy Meelhg. Spring 2017 a / 4 SW $9359 J (2) Stakeholder maeligs Spring 2017 4 / / $4350 to Bbbglwl Evaluation mNew Spmg 2017 2 3 $2175 L SEPA Envlmnmenlel Cla lst land. Spring 2017 2 2 2 $1653 0 Pnikg eta Plat Eegplr Ylnn f8LAWA Spfnff t a / $1,023 $2,413.0 Prallmf.+abiaad alNfdaleaq Spring 2017 1 3 5 $550 $1,35&0 W Preliminary Grading and Paving Elglneedn9 Spring 2017 $2,240 $2.239.6 Preliminary Blornwahr Entimeedng wl Seker Spring 2017 1 3 6 ry,965 $2,160.6 a 25%Coal Estimate Spring 2017 4 4 a S825 $1,202.0 �..a Preied Management, Meeting rotes, OAIGCAscounhag and Office Support Spring 2017 12 10 a $759 51,0.0 V Update purled &clwdSule rim 2017 1 3 f $14140,7 .0 subtotal 85 8B 72 anwal sB,9B3 142 34 Te 1rl V7 780 a r e awrlaxcn...cr-xn lw.sr sAT.v. P Ld � d Pm)ecl plane conkmnces/mxfnaxalw7 Tara 0.,•kq 3 + a S346B P-01hatlon meetings, cuerdlnagon w) agencies In pmpashlon for Fed State, and Clty pBmdtihlg Summer 2017 4 + 52316 (2) Team Site Vishe Summe12011 0 0 0 §4g5g Q (2) Intemal Teem Coordination MWIngs Sumner2011 4 P. n $4350 O (2) EWC Team Coordination Meetings Summer 2017 A 1 $3306 42 Coordination nceetlngs with PurmlWng Agendas Summer 2017 /: 19 a 68932 d Technical Description permits and responses to tech questions Summer2011 2' $402 $576.4 Update task halbrespond to pro)ed permit requirements gathered during 25%design Summer 2017 A 5232.0 Design Revisions Summer 2017 6 12 4 $WA Updated 3D model and Simulations Summer2011 1 10 18 $7381 Stekeholdereagagament Summer2017 a 4 12 55102 ++ 50% Engineering Muffin Summer 2017 1 1 4 7337 $7,4893 0 Site Plan Englrreerhg Summer2017 2 2 10 539 $8699 LL Carol Engineering Summrr2017 275 $2750 c Engineering for Paing, sMphg Summer20I7 1584 $1.514.0 r Grading 6 S1omeweter Engllwering lac -Report Summer2017 591E 55,9180 (� Englneering for Curbing and Sklewslk Summer 2017 1034 $1,034.0 50% Cover Shot (1 sheet) Summer 2017 t 2 6 5221,7 50% TESC I Demo Plan 12 sheets) Summer 2017 t 2 A 5181.3 SD% Grading 6 Drainage Plane (I sheet) Summer 2017 2 2 12 $3973 60% Utllty Plam(I sheet) Summer 2017 2 2 12 $397.3 0 �+ 50% Layout plans (I &has[) Summer 2017 a 10 12 $6902 0 50% She Sedbns(l steel) Summer 2017 4 b 0 $6322 (� 50%Pevhg and Still Plen(I sheet) Summer 2017 . 1 $2 $6322 Qi 50% Pawing and S7dpleg plan (I sheet) Summer 2017 2 6 i $1,00.0 K 30% Landecapehmtgatlon plan and dehlle(l ghat) Summer 2017 1 2 1 $245.0 QS Review of 50% Set Summer 2017 4 12 $090 50% Mouthed CSl lineal outline specifications Summer 20W 20 a 16 1837 $2,9622 50% Cost Estimate Summer 2017 12 6 11 625 $1,619.0 0 JARPA I Shomllne Permit submldal drawings (Barker RM CAD work only- not Included In Harrem scope) Summer 2017 10 4 70 $2,3345 50% Amlillectuml Design Review Document a Preanllon Summer 2017 a 9y 20 $9976 Q GA/GC Review of 50% Set Sumadva 7 12 23 6 1177 $2,3486 N Submit PemlhApp'kallons Summer 2017 12 2 16 $794•8 d &du2e4 146 197 subtofel $IA10 f3011,11 $o U is $39.960 0 0 L ^."-. r4rUl AAYkiacn SNCA M Fee Ew Team Site Vials Felt 2017 a 6 6 $4959 1 Teem Coordination Meelhgs Fall 2017 a a 6 $495 9 Coordination meetings vnm Permuting Agencies Fail 2017 $ a $234.9 5 Revised task llsl to respond is petard pent requirements, gathered during 60%design Fall 2017 2 a $2929 d Design Whims Fall 2017 a 1 16 $7859 0_ 90% Engineering Design Fall 2017 1 4 2 I6,B53 $7,045.9 She Plan Engineering Fall 2017 $622 $6215 (� DemolPoon Englneer'vlg Fell 2017 $275 $2750 (n Engbeedng for Pevkg. striping Frill 2017 $1,009 $11089.0 'a Grading S Sfomnroter Engneering Fel2017 $1,ua $1,846.0 !_ Engmeadrg for Curbing and Sidewalk Fall 2017 $1,309 $1,309.0 $� 90% Cover sheeOShe Plan (2 sheets) Fall 2017 1 S 2 $105•9 J 90%TESC/ Dam. Pins (2 'beat.) Fall 2017 1 1 16 $430.7 L 90% Civil and Structural plans end details (2 sheets) Fell 2017 2 4 B $316.1 0 90% Lendecepellmgallon plans and data]. (4 iduel) Fall 2017 a 52 32 S1,0 atlmate Fall 2017 { a fi 5550 §9270270 16.90%uc.l Review of 90% Set Fail 2017 1 46 $913 $1,9620 ccGA/GC Front End Specihcatloas Fall 2017 26 I6 6 $1,1832 in Develop specifications and bid manual-90% Modned CSl Specifiralhns Far 2017 22 2 10 $1,353 $2,341-9 r Buldhg Permit submhlel Fee 2017 2 i 25 1103A 0 Clear and Grade Ierm submkbrl Fall 2017 3 a 25 S903A d Uhhhy I Sherearlur Pa." submidal Fell 2017 1 a 25 $012.9 subtulal 97 137 197 sublole7 $11,497 $"1 IG 1b Y0 rA,y 17yp a Packet Pg. 47 2.5.b ExWba B.2 FhW n.1a r Nrr..a Tern CWdkm0MMeedrpe Wbbr2017 4 4 4 06 Me Plan EnowrIng Mnl"2017 $136 $1376 Dendkbn Enneakp Wkder 2017 $13B $137,6 ++ ErpkmwN W PevW, eklpkp WM W 2017 $1.023 $1,023.0 RmOVASlon-elerEnpfineft Wbbr2017 $1 N $1.298.0 En*e8dVfxCuMrp66dffiWk WbbrN17 $275 $V5.0 E plod D.*kpe Mbr2011 1! 18 N $4,167 $5,6116 Front End SpedBwOorm WIMer2017 15 4 B $040.7 TWA* 6peditt1 a N4nbr2017 1$ 4 1 $0 $uma 100%Co6tEdbmb ftler2017 12 2 12 Illm $1,2516 Creeb Mltlpe Md edmduM b exaemodeb Wep=me eprkp201B 6 12 12 W., Q Rebel ooMm ece, rbd6cetlom Spring 201E 4 4 e $176 $698.9 albbid, Bid Bupp41% Armmaf hNdem queeBm4 Sprkp 20I6 a 12 14 $IB4 $fA00A ++ f, MOeiMe (eewme3 urJeee ourkld Oou requlm rnam) Spring ZOIB a 12 B S62B $1,3456 � DAIDC SArkq 201E B 10 4 $1,40 $2,067A L ' &*lard .. '• $3.520 Ulm rd b Tn 574.:17R 0 ewr+rd+v Ardrlyda ie+m. :in:+ :y.•, r—Lw7i+#ka 'Aral.. &—ineEW Geobd, Areheeubp7 M TOTAL - ALL DEWN WORK $41n31 seam $0 s6 $0 $103,423 2xtkeefx Aul>On fkrd$xl arpen rN pmn @. vjop ,Mfw. eY $4w PROPOSED DESIG14 CONTRACT AMOUNT $105.491 fD%1.1Dr.0g(NnaM Rol" W W'V. Wn *ie St0,Si9 TOTAL PROPOSED DESIGN CONTRACT AMOUNT $1116,040 Packet Pg. 48 2.5.b Exhlbk B-3 City of Edmonds Design Services for Edmonds Waterfront Redevelopment Waterfront & Bulkhead -M,\M'„ . N z' N'!7 5s0uc of Y2orkb Carrio tLlo P;�15 ROCIC414YI $I$CI�Sd0H.P16focv Scope of work and Fee Proposal C Feepwad er0aderLadappeaNMda N 3002NWOh SUM, SeaB4e, W.W.99117 f206)7912670 fan f206) T033212 MeebeA ae.com Iws. 3%.$O C Assumptions: larderape Ard,ilttaxel, Ergkhewng cerAcee IwhA dedpn, pem4tlirg services br Bm Eb0 7be and nose Welalranl C ter eMnsine Last updated 4 2017 VmnrenMedeveblxnanl and reeMalmrtMeedh wbm4hl, City will hare3amalnbremward respond Chmyiarcepomiblebr Qi eaamenle, anY Ices.detlireeon legal tlocumenb, and legal suppal E Mal brckged: Pomil auMHhl (eas, CaroN.Mion adminlatraear Timeline Mesh 207iJanvery 2076D'w'eMwA.lhrx Nl2d h»yy o,I�/—A fac-a W (� L e...sy sa wwq,n aepE 26% BednerlaMsape RrdNeds lMl SWLA ueevn �r a.sa,.naosgpertwwnran ler9el dales I+,s ,`. ... ,r., t>a 9dav sooerro Eno- rare w,nwarq p tr O A. jcaL1fiu, $Ionolinu lrgvoslfgm11:pn§. aaIM Pralimirl Dal +rl� nu 1FF lq`;i5ik C) w —4 iYit�1S?', aara..I a Permit Roadmap plan and .. drofibn wlreem M g 25%Design Spring 2017 4 1 / $592 6 Q (1) IOcknS and (1) Tam SR, Vbll Spdrlg 2017 4 4 4 $047 $1,1434 (� (1)Iniumvi Team Cmordnaton Meetings Spring 2017 -2 '7 3 $2223 (1) EWC Tam Cowdiatbn Meetings SpNg 2017 3 1 :1 $2223 N eackg-nd ReKaw Spring 2017 1 4 4 $A.309 $1,%00 (3)Ciry Meetings Spdnp 2017 1 1 a 11282 51,7201 (2)Srskeholdr—finga Spdng 2017 4 0 R $3900 J Geetachnkal 1-11gation Ddaglcal Evelaton review 6pring2011 Sprig 2017 1 7 1 7 1 1 $41,00 541,975.0 $1950 Y SEPA Envimmkntal Checklist review Spdrg 2017 1 7 a 11402 L Final Coastal Engineering Report Spdng2017 f 1 1 $5,016 35,301.0 O Amhaaobgkal Research lorSEPA Spring 2017 1 $10,0ee 110.344 3.1 Preliminary Promenade Architectural and Landeapa Design Spring 2017 it 14 30 16,000 111.01" Pnlbnlnery Bulkhead Engineering Spring 2011 $4,180 K160 W Millinery Stair Engineering Spring 2017 $3,104 $3,104 a Pnllminery Bach Malwhl Engineering Spring 2017 $914 $514 r Preliminary Grading and Paving Design Spring 2017 1 3 1 $60510 V 25%Cal Ect'mete SM,2017 2 0 $1,276 $1,6386 ) •0 Proed M (anagemenl, Meeting notes, OAdOC,Accmm0l6ce rg and OSupport Spring 2017 12 10 0 $1,716 $24700 Update pmjed schedule Spring 2017 1 3 1 $1261 L. 94 AS B5 aublolal M570 1ek6M 31U47 sl0aea $BLCO $85,828 C m par.beleas E Project phone conferences I cmorWnaeawl Tam during Summer 2017 3 4 6 $3107 Q Pwpplkalimn mee0rga,coondma0on M egendes in preparation for Fed State, and lily permitting Summer 2017 4 4 $164 $3969 O (2) Team Site Visits Summer 2017 6 4 6 $4446 (2) lnlemai Team CoordinaOon Meetings Summer 2017 4 a 6 $3900 ' (2) EWC Tam Coordnallm Moorings Summer 2017 4 4 4 $2964 G4abnminek,aN Praaaag Apron Summer 2017 0 11 0 $BOOB 'a Technkal Oeacdp9m permils and responses to tech quese''ore Summer 2017 2 4 $014 $9726 Update leak list toresperd to project permit reWlremems gathered dudng 25%design Summer 2017 3 $2000 Design ReVatc. Summer 2017 4 11 4 $6136 Updated 30 model and SimuisWrna Summer 2017 1 10 16 $6617 Stakeholder engagamenl Summer 2017 4 a 12 1462 S G 60% Engineering Drannge Summer 2017 $9,097 $9,0970 6- Side Plan Engin er" Summer 2017 a 2 10 $091 $1,2056 L W.A. E�glneering Summer 2017 $966 ON 0 Walkway 111,& 1EryOrseerkp Bummar 2017 SID,274 $10.274 Shin Engineering Summer 2017 $3,805 gBoo Beach 6 Boulders Englnearing Revim Summer2017 $614 1514 60%C— Sheet (I sham) Summer 2017 1 a 3 $1417 60% TESC I Demo Plan (2 sheep) Summer 2017 1 3' 4 $1625 50% Gnding O Drainage plans (I sheet) Sunn-2017 2 a 12 $3502 r 60%UM4y Plane (I eheal) Summer 2011 2 a 12 $3582 50% Layout plain ll sheet) Summer 2017 4 .10 12 $6100 50% Slle Secllmsll eha0 Summer 2017 4 1 12 $5660 50% Paving Pla(I shee0 Summer 2017 4 1 12 $5666 K 50%Souders. Material, Solle and Landscape plan(I ahead( Sun-2017 7 4 12 f1,T/0 $0%WalsrYpM pramsNQtin:>'g,>asbaslRyrdrtlpk drrab [+.beep 50% LmdacapOrrlgamlon plan and details (2 sheahl Summar2017 Summer 2017 a 1 a 2 12 5 $700 $2,660 $945 Review of 60% Set Summer 2017 4 6 $3112 WORM HPA Parmk Appllcagans review Summer2017 1 1 3305 3 USACEaMEcraMPermit Appkcedon reWaw PreconetruNm Fish Forage Survey review Summer2017 Summer 2017 a 1 1 1 2 1 $670 $255 Crikal Area Report A.. Summer2017 1 1 1 $205 to 50% Modified CSl former ouilineeped0a6oro S-2017 N S 16 13,432 $4,4408 tL 60%Cost EsUmale DARPA I Shoreline Permit submittal drawings(Serkar RM CAD work only- not Included in listen scope) Summer2017 Summer 2017 T2 14 1 1s 11 $1,001 60 57,7134 $7ASO r 54% AViNcrael DMpl R oea DowwVe4 Pntk , Summa2017 a 10 20 36944 O OAIQC Review o150%Set Summer 2017 12 13 6 $1,799 $2,8469 L Submit permit Anotalbns Sumner 2017 42 a 16 $7124 154 204 306 d subfolal 525,910 336yn lit 30 $100 i§8,509 Irl Doo Lima rite an rag a Team SR.Vib Fall 2017 6 4 4 $4446 Q Team Cmo�nadon Meetings Fs12017 6 4 0 $4446 (Q Ccerdlnalkm mee0rgs with PermiWng Agencies Fd12017 2 6 $2106 P-*d W Fsl wnr adwprajesm lNnH Eagin+enh gathered during 60% design Fa112017 a 1 $2626 (j Design Revbbns Fa112017 a 6 75 $1046 84e Plan Englnearing Fa112011 $1.230 $1,2375 Demolition Erglnewing Fe112017 $765 $764 5 J Walkway Bulkhad Engineering Fat 2017 $0,009 $6,8090 Stake Empnadng Fsh 2017 $4,279 $4.2790 6- (1) Search 0 B.M.n ReVrew Fad 2017 $614 $814 0 Y g0%EhegleeeAng Orawirgs F612011 $7,196 77,190.4 L 90% Coverahesualta Plan (2 shears) Fall 2017 1 3 2 SM (� 90% TESC I Demo Plans(2sheels) Full 2017 1 I 11 $3661 to 90% Plle plan (I sheet) Fail 2017 1 1 1 WIN 3W 4%avPMNu[ieis X-ew Oh(7lneehj Fall 2017 2 4 1 $1,250 �r 00%paling, Including cathartic and structural elements (1 sheet) Fall 2017 6 4 14 $1,000 $3,310 90% Daekingand Flnbhea(1.Mat) Fall 201T 4 4 14 $500 $2,60) 90% Cwil and Studurel plans and dehlb(2 sheets) Fail 2017 2 4 1 12111 90% LandscsWirrigatbn pleru and delah(4 asset) Fall 2017 3 11 ]g $1,0595 90% Cost Estimate F9112011 4 4 1 $726 $1,0640 .QC Review o190%Set Fall 2011 0 A 4 $1.337 $2,2777 Front End Spevflatona Fall 2017 20 1S a 11.0608 y,e a Packet Pg. 49 Exhlbn 8.3 2.5.b WMo99p9dAmlWuw dbld—W•90% A4odAW CBl S"dkd" Fee 2017 22 2 10 $Z552 Was B1MdAl9P91m9wk" Pd 201T 6 9 26 4113 Lrrr jrn 'y - I,.e w F911201T 0 9 26 $we Lftj ff w WrPWM&&ulml FO 2M7 2 9 26 37626 IVN I" ex „eexr s19Ars e2uu so w IINo S4fi.032 �uf�y���,��u� • lilllw !4r Au9xh SrlCn �%iL Trm Cw.kmon Al.ww WW.2017 4 4 4 $29eA sm pw Erldn9m% ww zo17 $776 11ma 01mo9W1Enp.wm WWr2017 $V6 6216.0 WdwYNAMW En*..N V",2017 $3,026 $3.026.0 SmA9Fn0-4 WMx2017 12,321 $2,3210 we ehd B6dd-RW W WWr2017 $275 $Usa FIn91 Aa6Mp9 WWYr201T 12 16 24 S6,91e $7.2106 Fmrd End SpKMcdm WbW2017 16 4 6 STe1.e Tad"W Spedd"," W.W2017 16 4 4 $2.739 63.417.0 100%Cadbul" W W2017 12 2 12 F72a $1,3662 Cr916-00 bld W.M. bnxn^ L—n2 fv+p.f swo2019 6 12 12 $7254 WWd aK.++>•. CM67Ao.a 5pfg2Cle 4 4 e $265 $634e 6A 6PK 9d&*PA 9meKbft"9AO/ SpmA2016 0 12 14 $494 $1,3066 A%V0J44M'/ 3 wdos a Wdxa fts"m ] 40rV2019 a 12 a SB09 $1.6409 t-m $pg1T91e 9 16 4 11,714 $2.277.6 m96Yx ON% wiry 106 f02 9E cMh! ${(m slesu w b) zn $26,545 T—L"d1L-'-WA.*d- SlM"ST On" Amwob9y M TOTAL - ALL DESIGN WORN i64,964 297,226 $41,690 $10,00 $4000 $221,913 7�;(p AJA W4 Iq&W ogrcr44•s fa pWo.). m jr. W re. nx $4,43a PROPOSED DESIGN CONTRACT AMOUNT 06,351 10% hWn49A0M9112crer.y lu W,!nnuon+�uk --- — - — --- - f�2.a7s TOTAL PROPOSED DESIGN CONTRACT AMOUNT $248,987 Packet Pg. 50 2.5.c t�i of EUAjp�Q Dave Earlin City of Edmonds Mayor 121 FIFTH AVENUE N. • EDMONDS, WA 98020 ■ 425-771-0251 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT ANC. 1$�n AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EDMONDS AND BARKER LANDSCAPE ARCHITECTS, P.S. Dated May 3, 2017 WHEREAS, the City of Edmonds, Washington (the "City") and Barker Landscape Architects, P.S. (the "Consultant"), entered into an underlying professional services agreement for the provision of landscape design and engineering services for the Edmonds Waterfront Restoration Project ("Project"), dated May 3, 2017 ("Underlying Agreement"); and WHEREAS, Barker Landscape Architects, P.S. is transferring its assets to Environmental Works, an architectural and planning non-profit 501(c)(3) firm; Barker Landscape Architects, P.S. desires to assign the Underlying Agreement to Environmental Works; and Environmental Works has the ability and the desire to perform the Project services called for by the Underlying Agreement under the terms set forth therein; and WHEREAS, Section 15 of the Underlying Agreement provides that the services to be provided by the Consultant pursuant to the Agreement may only be assigned with the express written consent of the City; and WHEREAS, the parties desire to amend the Underlying Agreement to provide the City's consent to the assignment and to document Environmental Works agreement to provide the Project services in accordance with the terms thereof; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement and Environmental Works as follows: 1. The City consents to the assignment of the Underlying Agreement of May 3, 2017 between the City and the Consultant for Project services, attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, from Barker Landscape Architects, P.S. to Environmental Works. 2. Environmental Works agrees to take over the responsibilities of the Consultant to provide the Project services called for by the Underlying Agreement in accordance with the terms thereof. Packet Pg. 51 2.5.c Amendment No. I to Professional Services Agreement, Page 2 In all other respects, the Underlying Agreement shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this �2 O day of 2018. OF EDMONDS e ATTEST/AUTHENTICATED: Passey, City . _ APPROVER AS TO FORM: 1 Office of the City Attorney STATE OF WASHINGTON) )ss COUNTY OF ) BARKER LANDSCAPE ARCHITECTS, P.S. By: Its: ENVIRONMENTAL WORKS On thisZjQ �, day of 2018, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedjOH u 1:� . on behalf of Barker Landscape Architects, P.S., and executed the foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. unw�u�unmQ Notary Public x State of`Washington = PAMELA IACOPI GOULDER= MY FEBRUA Y14 ON 2p U EXPIRES piinunnnnnnnnnnuinuunuulni0 NOTARY PUBLIC My commission expires: Packet Pg. 52 Amendment No. 1 to Professional Services Agreement, Page 3 2.5.c STATE OF WASHINGTON) )ss COUNTY OF ) On this day of before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared on behalf of Environmental Works, and executed the foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. oM AIRY PUBLIC (ARV tn�: Z = My commission expires: ... IFtI IIlk W PS� Packet Pg. 53 2.5.d City of Edmonds Dave Earling Mayor 121 FIFTH AVENUE N. • EDMONDS, WA 98020 9425-771-0251 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT C. 15V AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EDMONDS AND ENVIRONMENTAL WORKS (FORMERLY BARKER LANDSCAPE ARCHITECTS, P.S.) Dated February 21, 2019 WHEREAS, the City of Edmonds, Washington (the "City") and Barker Landscape Architects, P.S. (the "Consultant"), entered into an underlying professional services agreement for the provision of landscape design and engineering services for the Edmonds Waterfront Restoration Project ("Project"), dated May 3, 2017 ("Underlying Agreement"); and WHEREAS, the Underlying Agreement was amended by Amendment No. 1, dated December 20, 2018 ("Amendment No. I"), to provide the City's consent to the assignment of the Underlying Agreement to Environmental Works; and WHEREAS, the City Council of the City of Edmonds has determined that it is in the best interests of the City to pay for the full parking lot and frontage improvements associated with the Project, and as a result must amend the Underlying Agreement; and WHEREAS, the design of the parking lot and frontage improvements requires a Site Lighting Plan, resulting in an additional cost; and WHEREAS, the City and Environmental Works desire to amend the Underlying Agreement, as amended by Amendment No. 1, to revise the scope of work and payment provisions thereof; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement, as amended by Amendment No. 1, both of which are attached hereto and incorporated herein as if fully set forth, as follows: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A.1 and Exhibit A.2, incorporated by this reference as fully as if herein set forth. Packet Pg. 54 Amendment No. 2 to Professional Services Agreement, Page 2 1.2 Payment. The $568,537 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $118,820 for the additional scope of work identified in Exhibit A to this Amendment No. 2. As a result of this Amendment No. 2, the total contract amount is increased to a new total not -to -exceed amount of $687,357 ($568,537 plus $118,820). 2. In all other respects, the Underlying Agreement between the parties, as amended by Amendment No. I shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this day of , 2019. CITY OF EDMONDS ENVIRONMENTAL WORKS By: David O. Earling, Mayor Its: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 55 Amendment No. 2 to Professional Services Agreement, Page 3 2.5.d STATE OF WASHINGTON) )ss COUNTY OF ) On this day of , 2019, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared on behalf of Environmental Works, and executed the foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that s/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. 56 2.5.e � t}i ELv,�f4 City of Edmonds Dave E�ralinor 121 FIFTH AVENUE N. • EDMONDS, WA 98020 9425-771-0251 PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EDMONDS AND ENVIRONMENTAL WORKS (FORMERLY BARKER LANDSCAPE ARCHITECTS, P.S.) Dated May 3, 2017 WHEREAS, the City of Edmonds, Washington (the "City") and Barker Landscape Architects, P.S. (the "Consultant"), entered into an underlying professional services agreement for the provision of landscape design and engineering services for the Edmonds Waterfront Restoration Project ("Project"), dated May 3, 2017 ("Underlying Agreement"); and WHEREAS, the Underlying Agreement was amended by Amendment No. 1, dated December 20, 2018 ("Amendment No. 1" ), to provide the City's consent to the assignment of the Underlying Agreement to Environmental Works; and WHEREAS, the Underlying Agreement was amended by Amendment No. 2, dated February 21, 2019 ("Amendment No. 2"), to add additional scope of work and payment provisions for a Site Lighting Plan, Parking lot and frontage improvement design; and WHEREAS, the City Council of the City of Edmonds has determined that it is necessary to further revise the Scope of Work for the Underlying Agreement to remove certain services that it has determined will not be needed at this time, and to add both engineering services relating to the rebid process and construction support services for the Project, and as a result must again amend the Underlying Agreement; and WHEREAS, the City and Environmental Works desire to amend the Underlying Agreement, as amended by Amendments No. 1 and No. 2, to further revise the Scope of Work and to amend the payment provisions thereof; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement, as amended by Amendments No. 1 and No. 2, all of which are attached hereto and incorporated herein as if fully set forth, as follows: Packet Pg. 57 2.5.e .• 1114Vnibnow No 3 to Professional Set'riccs ,1grevnieni. PuK,, .' I. Scope of Work. The Scope of Work set forth in the Underlying Agreement and amendments thereto, shall be amended to remove certain services and to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 2. Payment. The $568,537 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, which was increased by Amendment No. 2 to include an additional not to exceed amount of $118,820 for the additional scope of work identified in Exhibit A to Amendment No. 2, is hereby further increased to include an additional not to exceed amount of $178,465. As a result of this Amendment No. 3, the total contract amount is increased to a new total not -to -exceed amount of $865,822($568,537 plus $1 18,820 plus $178,465). 3. In all other respects, the Underlying Agreement between the parties, as amended by Amendments No. 1 and No. 2, shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this 5th day of August, 2019. CITY OF EDMONDS ENVIRONMENTAL WORKS By: Its: APPRO]l�D AS TO FORM: Office of the City Attorney Packet Pg. 58 2.5.e Amenchne► t Ao 3 to Professional 4errice.s Igi—eemen1, Page 3 STATE OF WASHINGTON ) )ss COUNTY OF NAG- ) On this 6 day of AO'C'Nr , 2019, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared VUL41 AIDANV on behalf of Environmental Works, and executed the foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. F COB WYMAN votary Public e of WashingtonUBLIC se Number 154991mmission Expires u ust 02, 2023 My commission expires: Packet Pg. 59 2.6 City Council Agenda Item Meeting Date: 09/14/2021 Civic Park Funding - 2021 Snohomish County ILA Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History Civic Center Playfield Park project is the renovation of an 8-acre park in downtown Edmonds with a currently estimated construction cost of $13,757,730. The construction project started on August 9, 2021 and is scheduled to continue through fall of 2022. This project has numerous funding sources including grants and a variety of city revenues allocated by Council. Four primary sources of grants, totally nearly $3.5M, include the Snohomish County, State of Washington Recreation and Conservation Office programs, Hazel Miller Foundation and Verdant Health Commission. In 2018, the City applied for Snohomish County REET (Real Estate Excise Tax) funding. Representative Stephanie Wright recommended the allocation of $450,000 over three years, which was approved by the County Council that same year. The first $150,000 allocation was awarded to the City in 2019, with the second delayed to this year due to COVID uncertainties in 2020 and the third is slated for allocation in 2022. The current County's 2021 Interlocal Agreement (ILA) template is attached for review with the completed ILA to be provided for Consent Agenda. (The full ILA with all eight attachments was not available at the time this agenda item was due for submission, but all the attachments will be included for the Consent Agenda item). Staff Recommendation Staff recommends forwarding this agenda item to the September 14, 2021 Consent Agenda for City Council consideration and approval of an Interlocal Agreement (ILA) between Snohomish County and City of Edmonds for $150,000 in REET funding for the Civic Park project. Narrative In early 2016, after leasing for 40 years, the nearly 8-acre Civic Center Playfield property was acquired by the City from the Edmonds School District for $1.9M with all but $400,000 funded by grants. A year after acquisition in 2017, a Master Plan using a robust public process was adopted by Council with the work of consulting firm of Walker Macy. The same firm was later approved by the Council to complete the design development, permitting, bidding, and support during construction. In 2018, the City began applying for grants and in November of that year the Council adopted the Parks Capital Improvement (CIP) and Capital Facilities (CFP) Plans identifying Civic Park as a project and it was Packet Pg. 60 2.6 approved each year since. Also, in 2018, the 50-year old Grandstand was demolished. The next year, 2019, the Council issued the $3.7m bond to fund construction. The project was bid three times over the course of 2020 and 2021, with a successful award on July 13, 2021 to A-1 Landscaping and Construction. Park Design The proposed park renovation project includes youth athletic fields, upgraded sports lighting, permanent restrooms, shade pavilion, improved skate park, rubber surface walking/running path, petanque court grove, a pollinator meadow, tennis, pickleball and basketball courts, a 1/3-mile perimeter walking path, fully inclusive playground, picnic areas, public art and more. The existing Field House, leased to Boys & Girls Club of Snohomish County since 1962, will remain intact as well as a designated 20,000 square foot area around it to enable the Boys & Girls Club to continue operations. Attachments: Working document - ILA between Snohomish County and the City of Edmonds - Civic Park 2021-09-09 Packet Pg. 61 2.6.a INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS This INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS (this "Agreement"), is made and entered into this day of , 2021, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City"), pursuant to Chapter 39.34 RCW. RECITALS A. The 2007 Comprehensive Parks and Recreation Plan, a component of the Snohomish County Growth Management Act Comprehensive Plan, has documented a County- wide need for a wide variety of recreational facilities; and B. The County Executive and the County Council have determined that it is consistent with the Comprehensive Parks and Recreation Plan and is in the public interest of County residents to participate in joint undertakings with local municipalities to increase recreational opportunities and facility capacity; and C. The County Council approved Amended Ordinance 20-071, adopted November 10, 2020, which adopted the 2021-2026 Capital Improvement Program as part of the Snohomish County Capital Facilities Plan, and which Amended Ordinance is included as Attachment A, incorporated herein by this reference; and D. Part of the 2021 — 2026 Capital Improvement Program budget included funding titled "City Partnerships" in the amount of $150,000 for qualifying projects in County Council District #3. The County has determined to undertake a capital improvement project in District #3 in partnership with the City of Edmonds, including the provision of funding by the County to the City of Edmonds for Civic Park Improvements, in an amount up to One Hundred Fifty Thousand and no/100 Dollars ($150,000) in County REET 2 funds (the "Funds"). The Funds will be directed for the purpose of funding for park improvements at Civic Park. Snohomish County Parks and Recreation Fund 309—Community Parks is included as Attachment B, incorporated herein by this reference; and E. The City of Edmonds has provided the following: a written request to the County for the funds (Attachment C, incorporated herein by this reference); a description of the project (Attachment D, incorporated herein by this reference); a confirmation from the City indicating ownership interest in the property (Attachment E, incorporated herein by this reference); and a description of the City's involvement and on -going role in planning, design, development, maintenance, and operation of the Project (Attachment F, incorporated herein by this reference); Proof of Insurance (Attachment G, incorporated herein by this reference); and relevant portions of the City's Capital Facilities Plan (CFP) including the property and project, Parks, General, and Regional Projects 2020-2025, as further described herein (Attachment H, incorporated herein by this reference); and INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 1 of 9 T N O N c c LL IL Packet Pg. 62 2.6.a F. Pursuant to this Agreement and Chapter 39.34 RCW, the County wishes to provide, and the City wishes to accept, the above -described Funds from the County. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The purpose and intent of this Agreement is to define the responsibilities of the County and the City as they relate to the County's provision of the funds to the City's project located at Civic Park, 310 6th Avenue N, Edmonds, WA (the "Park Property"). Planned site enhancements include the addition of a gathering area with water feature, a walking path around the perimeter, a multi -use sport court and exercise equipment, as well as a picnic area and restroom. (the "Project"). 2. Effective Date and Duration. This Agreement shall not take effect unless and until it has been duly executed by both parties and either filed with the County Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through December 31, 2022, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each party's obligations are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. 3. Administrators. Each party to this Agreement shall designate an individual (an "Administrator"), who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following individuals: County's Initial Administrator: City's Initial Administrator: Tom Teigen, Director Snohomish County Department of Conservation & Natural Resources 6705 Puget Park Drive Snohomish, Washington 98296 (425) 388-6617 phone Tom. Teigen(d), snoco. org Shannon Burley, Deputy Director Parks, Recreation and Cultural Services 700 Main Street Edmonds, Washington 98020 425-771-0256 Shannon.Burley(&,,edmondswa. _og_v Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 2 of 9 T N O N c a M LL IL Packet Pg. 63 2.6.a T N O 4. Proiect Performance. N c 4.1 Certification of Real Property Interest. The City certifies to the County that the City owns the real property or easements upon which the Project shall be executed, and additional LL real property or easements are not needed to complete the Project. a 4.2 City's Financial Commitment. The City certifies to the County that the City has •2 monies sufficient to match any funding provided by the County to the City under the terms of this �? Agreement and will have sufficient monies to complete the Project by the Project deadline c identified in Section 4.3 below (the "City's Financial Commitment"). 5? 4.3 Project Deadline. On or before December 31, 2022, the City shall complete the Project. In executing the Project, the City shall obtain and, upon request, provide the County with copies of all permits necessary to complete the Project. 4.4 Recognition of County as Financial Sponsor. The City shall recognize the County as a financial sponsor of the Project as follows: 4.4.1 Upon completion of the Project or dedication of the Park Property, whichever comes first, the City shall install at the Park Property a plaque in a form approved by the County that indicates that the County is a financial sponsor of or contributor to the Project; 4.4.2 The City shall invite the County to all events promoting the Project or Park Property and recognize the County at all such events as a financial sponsor of the Project; 4.4.3 The City shall recognize the County as a financial sponsor in all brochures, banners, posters, and other promotional material related to the Project. 4.5 Project Maintenance. The City shall be responsible for on -going capital improvements to, and maintenance of, the Project and City Property. The County makes no commitment to support the Project or City Property beyond what is provided for in this Agreement and assumes no obligation for future support of the Project or City Property except as expressly set forth in this Agreement. 4.6 Availability to County Residents. The City shall make the Property available to all County residents on the same terms as to residents of the City. 5. Invoicing and Payment. 5.1 Invoicing. Prior to December 31, 2022, the City shall submit to the County an invoice requesting disbursement of the Funds for the Project. The invoice shall provide line item detail for materials, labor and overhead and include any documentation requested by the County, including but not limited to documentation as to what amounts have been spent by the City on the Project. 5.2 Payment. Unless the County delivers to the City written notice disputing the INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 3 of 9 Packet Pg. 64 2.6.a amount of a particular line item, within twenty (20) working days of receipt from the City of an invoice properly submitted to the County pursuant to Section 5.1, the County shall remit to the City an amount not to exceed One Hundred Fifty Thousand and no/100 Dollars ($150,000.00). 5.3 No Overpayments. In the event that the Project is completed for less than the combined total of the Funds and the City's Financial Commitment, the County shall remit to the City an amount of Funds equal to the difference between the City's Financial Commitment and the total cost of the Project. In no case shall the City retain Funds which it does not utilize in the Project or that it utilizes in the Project without first exhausting the City's Financial Commitment. Should an overpayment occur, the County shall give written notice to the City of the overpayment, and within thirty (30) days of the notice of overpayment the City shall return to the County the overpaid Funds plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of the notice of overpayment. 5.4 Accounting. The City shall maintain a system of accounting and internal controls that complies with generally accepted accounting principles and governmental accounting and financial reporting standards and provisions concerning preservation and destruction of public documents in accordance with applicable laws, including Chapter 40.14 RCW. 5.5 Recordkeeping. The City shall maintain adequate records to support billings. The records shall be maintained by the City for a period of five (5) years after completion of this Agreement. The County, or any of its duly authorized representatives, shall have access to books, documents, or papers and records of the City relating to this Agreement for purposes of inspection, audit, or the making of excerpts or transcripts. 5.6 Audit and Repayment. The City shall return Funds disbursed to it by the County under this Agreement upon the occurrence of any of the following events: 5.6.1 If overpayments are made; or 5.6.2 If an audit of the Project by the State or the County determines that the Funds have been expended for purposes not permitted by the REET 2 statute, the State, the County, or this Agreement. In the case of 5.6.1 or 5.6.2, the County shall make a written demand upon the City for repayment, and the City shall be obligated to repay to the County the Funds demanded within sixty (60) calendar days of the demand. The County's right to demand repayment from the City may be exercised as often as necessary to recoup from the City all Funds required to be returned to the County. The City is solely responsible for seeking repayment from any subcontractor in conformance with its debt collection policy. 6. Independent Contractor. The City will perform all work associated with the Project as an independent contractor and not as an agent, employee, or servant of the County. The City shall INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 4 of 9 T N O N c c LL a Packet Pg. 65 2.6.a be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the City and not the County. The County shall only have the right to ensure performance. 7. Indemnification/Hold Harmless. The City shall assume the risk of liability for damage, loss, costs and expense arising out of the activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Park Property and this Agreement; PROVIDED, that the above indemnification does not apply to those damages solely caused by the negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. This indemnification obligation shall include, but is not limited to, all claims against the County by an employee or former employee of City, and City, by mutual negotiation, expressly waives all immunity and limitation on liability, as respects the County only, under any industrial insurance act, including Title 51 RCW, other Worker's Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 9. Insurance. The City shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, exercise of the rights and privileges granted by this Agreement, by the City, its agents, representatives, and employees/subcontractors. The cost of such insurance shall be paid by the City. 9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 5 of 9 T- N O N c c LL 19 cc a Packet Pg. 66 2.6.a T N O N 9.2 Other Insurance Provisions. Coverage shall be written on an "Occurrence" form. The insurance policies required in this Agreement are to contain or be endorsed to contain the County, its officers, officials, employees, and agents as additional insureds as respects liability LL arising out of activities performed by or on behalf of the City in connection with this Agreement. IL 9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of •2 insurance and endorsement(s) required by this Agreement. v 9.4 In lieu of the insurance required in this Section 9, the City may, upon request of and acceptance by the County, provide the County a letter certifying the City's self-insurance program. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non -performing party. The non -performing party shall have twenty (20) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non- performance is of a type that could not reasonably be cured within said twenty (20) day period, then the non -performing party shall not be in Default if it commences cure within said twenty (20) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a parry's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non -Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 12. Early Termination. 12.1 30 Days' Notice. Except as provided in Section 12.2 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days advance written notice to the other parry. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Termination for Breach. In the event that the City fails to complete Phase 1 of the Project by December 31, 2022, and/or otherwise commits a Default as described in Section 11, the County may terminate this Agreement immediately by delivering written notice to the City. Within thirty (30) days of such early termination, the City shall return to the County all Funds previously disbursed from the County to the City for the Project plus interest at the rate of twelve percent (12%) per annum beginning thirty (30) days from the date of early termination. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 6 of 9 Packet Pg. 67 2.6.a T N O N 13. Dispute Resolution. c �a c In the event differences between the parties should arise over the terms and conditions or LL the performance of this Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If those differences cannot be resolved informally, the matter a may be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful or if a party waives mediation, either of the parties may institute legal action for specific �? performance of this Agreement or for damages. The prevailing party in any legal action shall be c entitled to a reasonable attorney's fee and court costs. 0 14. Notices. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 7 of 9 Packet Pg. 68 2.6.a T N O convenience and are not intended to affect the interpretation of the provisions of this Agreement. N This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. LL 15.5 Severability. If any provision of this Agreement or the application thereof to any a person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or �? circumstances shall not be affected thereby, but shall instead continue in full force and effect, to c the extent permitted by law. on 15.6 No Waiver. A party's forbearance or delay in exercising any right or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. . This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 15.10 No Separate Entity Necessary The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.11 Ownership of Property Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 15.12 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to this Agreement. 15.13 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS 8 of 9 Packet Pg. 69 2.6.a IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. COUNTY: CITY: Snohomish County, a political subdivision City of Edmonds, a Washington of the State of Washington municipal corporation :A Name: Dave Somers Title: County Executive Approved as to Form: /s/ Sean Reav DPA 5 27 2021 Deputy Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS Name: Mike Nelson Title: Mayor Attest/Authenticate By Name: Title: Approved as to Form: Office of the City Attorney 9of9 T N O N c c LL a Packet Pg. 70 2.7 City Council Agenda Item Meeting Date: 09/14/2021 Civic Park Funding - Washington State DOC Grant Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Narrative Earlier this year, the Edmonds Rotary applied for and was awarded a State of Washington Department of Commerce Appropriation of $258,000 for the Civic Park Mika's Playground Project. After the award, it was discovered that the Rotary was not technically eligible to be the recipient of the grant funding, but the City of Edmonds needs to be the entity to receive and manage the grant funding. In order to change the name of the grantee and continue the grant funding process, a letter is required from the City of Edmonds stating agreement to accept the funds, complete the project as originally intended and has ownership of the site. Due to the amount of the grant and related obligation, Council approval is needed to authorize the Mayor to sign the letter, which is attached. Staff Recommendation Staff recommends forwarding this request for Council review and approval authorizing the Mayor to sign a letter changing the grantee status from the Edmonds Rotary to the City of Edmonds to receive and manage a $258,000 State of Washington Department of Commerce Appropriation to fund the all- inclusive Mika's Playground at the Civic Park project. Attachments: City of Edmonds - Change of Grantee Mikas Playground Civic Park Packet Pg. 71 2.7.a CITY OF EDMONDS MIKE NELSON IL I_\'Lo]110 CITY HALL • THIRD FLOOR 121 5T" AVENUE NORTH • EDMONDS, WA 98020 • 425.771-0247 • fax 425.771.0252 www.edmondswa.gov OFFICE OF THE MAYOR 'roc. 1 g9" September 8, 2021 Department of Commerce Beth Robinson, Program Manager Local Government Division Capital Programs Unit PO Box 42525 Olympia WA 98504-2525 Dear Beth, Earlier this year, the Edmonds Rotary applied for and was awarded a State of Washington Department of Commerce Appropriation of $258,000 for the Civic Park Mika's Playground Project. After the award it was discovered that the Rotary was not technically eligible to be the recipient of the grant funding, but the City of Edmonds needs to be the entity to receive and manage the grant. The City of Edmonds has ownership of the project site, is willing to become the funding grantee, agrees to accept and manage the funding and complete the project as originally intended. Thank you for the consideration and we look forward to using this funding to provide an all- inclusive playground for the greater Edmonds community. Sincerely, Mayor Mike Nelson • Incorporated August 11,1890 • Sister City - Hekinan, Japan Packet Pg. 72 2.8 City Council Agenda Item Meeting Date: 09/14/2021 Shirley Johnson Property Donation Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Angie Feser Background/History Long-time Edmonds resident Shirley Johnson has generously gifted to the City her private property located at 9309 Bowdoin consisting of 1.14 acres of single-family residential land adjacent to Yost Park. (Attachment #1 - Aerial Graphic Map) Ms. Johnson passed away in January of this year and, at this time, the Estate has been settled. The property has improvements including non -occupiable house and some additional outbuildings that are in poor condition. It is relatively flat, with a slight downhill slope from the southeast to the northwest and consists of mostly open areas with a small number of large trees. The small house, several outbuildings and a considerable number of personal items will become property of the City once title is transferred. Currently the house and an outbuilding are secured and the site has had some minimal landscape maintenance through the summer. The gifted property was conditioned per the Last Will and Testament of Shirley Johnson (Attachment #2 - Johnson Will) including a purpose clause which states that the property is given to the City "specifically for purposes of being used as a park and/or a community garden site and/or to cultivate and grow plants, fruits, vegetables and other related things all for the City of Edmonds and for the citizens of Edmonds and the local community as the City of Edmonds deems best in their discretion." The July 6, 2021 Appraisal values the property at $350,000 based on the deed restriction limiting the use of the property to park/public use. The appraisal noted, however, a prior unfulfilled agreement estimated the value to total $1.5M based on valuation of the property's development rights of about six potential residential lots. There were expenditures settling the Estate totaling $46,532 including attorney fees, back taxes and title insurance, which the City has agreed to cover. Staff Recommendation Staff recommends the Parks & Public Works Committee advance this item to September 21, 2021 Regular Council Meeting for consideration of Council to accept the donation of the Shirley Johnson property located at 9309 Bowdoin Way in Edmonds. Narrative This donated acquisition supports two goals of the 2016 Parks, Recreation and Open Space (PROS) Plan. The Plan's Goal #2 is to provide an interconnected park system that offers a wide variety of year-round recreation opportunities and experiences in harmony with Edmonds' cultural identity and the natural Packet Pg. 73 2.8 environment; and Goal #4 is to preserve and provide access to natural resource lands for habitat conservation, recreation, and environmental education. This property provides opportunity to advance these goals by connecting to and supporting Yost Park and providing year -around access in this natural environment as well as providing for additional habitat conservation and significant environmental education due to historic uses of gardening and farming. Attachments: Johnson Property Arial Map Johnson Will 2021-09-09 ordinance accepting deed from estate of Shirley johnson Packet Pg. 74 2.8.a ,'III '' � � Johnson Property . F CL IP 1 a *(DPacket Pg. 75 0 cu C 0 0 0 CL C 0 r- 0 a CL 0 a c 0 cn c 0 C d t t+ a 2.8.b FILED MAR 0 9 2021 HE' D' PERCY t:OUNTY CLERK SNOHOMISH CO. WASH. LAST WILL AND TESTAMENT OF 21 4 SHIRLEY JOHNSON 00397 31 Executed at Edmonds, Washington on the SC 14 E® 4dayof 2018. j� t9,- ORIGINAL BENNETT & BENNETT • ATTORNEYS AT LAW 400 Dayton, Suite A • Edmonds, Washington 98020 • (426) 776-0139 Packet Pg. 76 2.8.b LAST WILL AND TESTAMENT OF SHIRLEY JOHNSON KNOW ALL PERSONS BY THESE PRESENTS: That I, SHIRLEY JOHNSON, being of sound and disposing mind and memory and of legal age, and not acting under duress, menace, fraud or undue influence of any person whomsoever, but considering the uncertainties of life, do make, publish and declare this to be my Last Will and Testament, hereby revoking and annulling any and all will or wills, codicil or codicils, heretofore by me made. Identification of Beneficiaries I hereby declare that I am a single woman and that I had one child, namely, MARCHAM JOHNSON, who predeceased me leaving no issue surviving. I have no other living children, either natural or adopted, and I have no deceased children with lineal issue surviving them. Il Payment of Taxes, Debts and Fees I direct that out of my estate there shall be paid my funeral expenses, the expense of my last illness and all allowed claims duly and timely made, if any, except those which may be specific liens on property holdings, which obligations my personal representative is authorized to continue in force if and for so long as in the judgment of my personal representative it is necessary and advisable for the maintenance and preservation of such property. I also direct my personal representative to pay from my estate all costs incurred in the administration thereof, including, but not limited to, inheritance taxes, personal representative's fee, accountant's fee, attomey's fee, and miscellaneous costs. Specific Bequests In the event of my death, I hereby give and bequeath the following specific bequests: A. List Provision. I have or may have executed a written list pursuant to RCW 11.12.255, which list shall be signed and dated and is incorporated herein by this reference and which list shall adc/clients/Johnson-Shirley ep/Will 2018-gap filler/9/10/2018 Page 1 BENNETT & BENNETT - ATTORNEYS AT LAW 400 Dayton, Suite A - Edmonds, Washington 98020 - (425) 776-0139 Packet Pg. 77 2.8.b direct the disposition of various items of my tangible personal property, but which list I may change from time to time, as allowed by RCW 11.12.260. I hereby give and bequeath to those persons listed, such items of tangible personal property as I have or may have specified on said list, and if the person named to receive such personal property in such written list predeceases me, then unless otherwise provided, that gift of tangible property shall fail and lapse, and shall pass, in its entirety, into the residue of my estate. B. Melvin D. Johnson Artwork. I give all of the artwork produced by my late husband, MELVIN D. JOHNSON, to my nephew and his wife, DAVID PUETZ, and his wife, JANET PUETZ. IV Bequest of Residue I hereby give, bequeath and devise all the rest and residue of my estate, both real and personal, of every kind, nature and description and wheresoever situated, of which I may die seized or possessed or in which I may have an interest at the time of my demise, to the CITY OF EDMONDS, and with respect to my real property at 9309 Bowdoin Way, Edmonds, WA, specifically for purposes of being used as a park and/or a community garden site and/or to cultivate and grow plants, fruits, vegetables and other related things all for the City of Edmonds and for the citizens of Edmonds and the local community as the City of Edmonds deems best in their discretion. V Nomination of Personal Representative I hereby nominate and appoint as personal representative of this my Last Will and Testament attorney, BLAIR J. BENNETT, and in the event that he is unable or unwilling to serve as such personal representative, then I nominate and appoint CITY OF EDMONDS or their nominated representative, as personal representative of this my estate. My personal representative shall serve without bond and without the intervention of any court or courts. He or they shall have the power to sell, lease, mortgage, grant or dispose of any real or personal property belonging to the estate, all without the approval or interference of any court, the same as if he or they were the absolute owner thereof and whether or not the same is necessary for the payment of debts or expenses of administration of my estate, and these powers shall be unrestricted. -It is my intention to make this a non-intervention Will, to be administered without reference to the Court, except as may be required by law. adc/clients/Johnson-Shirley ep/Will 2018-gap filler/9/10/2018 Page 2 BENNETT & BENNETT • ATTORNEYS AT LAw 400 Dayton, Suite A • Edmonds, Washington 98020 • (425) 776-0139 Packet Pg. 78 2.8.b IN WITNESS WHEREOF, I have hereunto set my hand this day of 2018. This instrument, consisting of five (5) pages, including this page, the following Affidavit of Subscribing Witnesses to Will, and the cover page, was on the date thereof, by the said SB RLEY JOHNSON, signed and published as and declared by her to be her Last Will and Testament in the presence of us who, at her request and in her presence and in the presence of each other, have on the same date subscribed our names as witnesses hereto. residing at , Washington residing at Washington adc/clients/Johnson-Shirley ep/Will 2018-gap filler/9/10/2018 Page 3 BENNETT & BENNETT • ATTORNEYS AT LAW 400 Dayton, Suite A • Edmonds, Washington 98020 • (425) 776-0139 Packet Pg. 79 2.8.b AFFIDAVIT OF SUBSCRIBING WITNESSES STATE OF WASHINGTON ) ss COUNTY OF SNOHOMISH ) The undersigned witnesses, being first duly sworn on oath, depose and say: I. EXECUTION. The document, now shown to me as the Last Will and Testament of SHIRLEY JOHNSON, was executed by her on the l 7 day of 018, at Edmonds, Washington. o .2 c II. DECLARATION. Immediately prior to execution, SHIRLEY JOHNSON declared the 0 0 document to be her Will and requested us to subscribe our names to it. L III. SIGNATURES. SHIRLEY JOHNSON signed the Will in the presence of both of the 0- witnesses, and the witnesses attested the execution by subscribing their names in the presence of the a c testatrix and each other. 0 c IV. CAPACITY. SHIRLEY JOHNSON appeared to be of sound mind and acted freely and 0 without any duress or undue influence. The witnesses were both competent. = c 0 WITNES WITNESS: a SUBSCRIBED and SWORN to before me this l day of , 2018. ANGELIA D CHRISTENSEN NOThRY PUBLIC STATE OF WASHINGTON I.ioeRse Kara W 30506 My Commission Expires A QW 2S,,Z0t2 Affidavit of Subscribing Witnesses 0jrIVAA . VV ows" Notary lic in and for the State of Washington Residing at Ylcc —`-e--O My commission expires: 2 f- • 1 � BENNETT & BENNETT • ATTORNEYS AT LAw 400 Dayton, Suite A • Edmonds, Washington 98020 • (425) 776-0139 Packet Pg. 80 2.8.c ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ACCEPTING TITLE TO REAL PROPERTY THROUGH A PERSONAL REPRESENTATIVE'S DEED FROM THE ESTATE OF SHIRLEY M. JOHNSON SUBJECT o TO CERTAIN TERMS WHICH ARE DESCRIBED IN THAT DEED. c° aD 0. 0 L WHEREAS, Shirley M. Johnson was a long term resident of the City of Edmonds, who a a resided at 9309 Bowdoin Way; and 0 WHEREAS, Shirley M. Johnson's property consists of 1.14 acres of single family c residential land adjacent to Yost Park; and WHEREAS, Shirley M. Johnson passed away on January 31, 2021; and WHEREAS, Shirley M. Johnson wished to leave most of her property, including her real property, to the City of Edmonds; and WHEREAS, Section IV of the Last Will and Testament of Shirley Johnson reads as follows: I hereby give, bequeath and devise all the rest and residue of my estate, both real and personal, of every kind, nature and description and wheresoever situated, of which I may die seized or possessed or in which I may have an interest at the time of my demise, to the CITY OF EDMONDS, and with respect to my real property at 9309 Bowdoin Way, Edmonds, WA, specifically for purposes of being used as a park and/or a community garden site and/or to cultivate and grow plants, fruits, vegetables and other related things all for the City of Edmonds and for the citizens of Edmonds and the local community as the City of Edmonds deems best in their discretion. and WHEREAS, RCW 35.21.100 states that "Every city and town by ordinance may accept any money or property donated, devised, or bequeathed to it and carry out the terms of the donation, devise, or bequest, if within the powers granted by law. If no terms or conditions are attached to the donation, devise, or bequest, the city or town may expend or use it for any municipal purpose."; and Packet Pg. 81 2.8.c WHEREAS, the city council acknowledges the specified purpose of Shirley M. Johnson in leaving her property to the City of Edmonds; and WHEREAS, counsel for the Estate of Shirley M. Johnson has prepared a Personal Representative's Deed to be executed by Blair J. Bennett as personal presentative of the estate, which deed also includes a reference to the specific purposes contemplated in Shirley Johnson's will; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Council hereby accepts title to the real property described in the above referenced Personal Representative's Deed from the Estate of Shirley M. Johnson, pursuant to the specific purpose terms as also described in that deed, a copy of which is attached hereto as Attachment A and incorporated herein by this reference as if set forth in full. The Edmonds City Council also hereby accepts title to the personal property remaining at Ms. Johnson's former residence. Section 2. The mayor is hereby authorized to indicate the City's acceptance in Section 1, above, by placing his signature on the "accepted by" signature block. Section 3. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY IF 0 r c� c 0 0 as a 0 a` c 0 N C t 0 Packet Pg. 82 2.8.c APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 83 2.8.c SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington IF 2 r On the day of , 2021, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting c° of the title, provides as follows: as a AN ORDINANCE OF THE CITY OF EDMONDS, a WASHINGTON, ACCEPTING TITLE TO REAL PROPERTY THROUGH A PERSONAL c REPRESENTATIVE'S DEED FROM THE ESTATE OF c SHIRLEY M. JOHNSON SUBJECT TO CERTAIN TERMS WHICH ARE DESCRIBED IN THAT DEED. The full text of this Ordinance will be mailed upon request. DATED this day of 4840-7251-8158,v. 1 4 2021. CITY CLERK, SCOTT PASSEY Packet Pg. 84