2021-10-12 City Council - Full PPW Agenda-2990Op E D
o Agenda
Edmonds City Council
s71. ,HvARKS & PUBLIC WORKS COMMITTEE - SPECIAL ZOOM
VIRTUAL ONLINE MEETING
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98020
OCTOBER 12, 2021, 6:30 PM
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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. Civic Park Restroom Contract (10 min)
2. Arts Commission Recommendation for Civic Park Artist (10 min)
3. Supplemental Agreement with HBB for Hwy 99 Revitalization & Gateway Project (5 min)
4. Supplemental Agreement with SCJ Alliance for the Highway 99 Revitalization & Gateway Project
(5 min)
5. Supplemental Agreement with KPG for Design Services on the Citywide Pedestrian Crossing
Enhancements (5 min)
6. Supplemental Agreement with KPG for Construction Management Services on the Citywide
Pedestrian Crossing Enhancements Project (5 min)
7. Supplemental Agreement with KPG for 76th Ave. W @ 220th ST. SW Intersection Improvements
project (5 min)
ADJOURN
Edmonds City Council Agenda
October 12, 2021
Page 1
2.1
City Council Agenda Item
Meeting Date: 10/12/2021
Civic Park Restroom Contract
Staff Lead: Angie Feser
Department: Parks, Recreation & Cultural Services
Preparer: Angie Feser
Background/History
The multi -year Civic Center Playfield park renovation project is in process having started construction in
August this year and is slated for completion in Winter 2022. The $13.4M construction project is funded
through a variety of sources and this restroom is identified as a Owner -Supplied project expenditure.
In a cost -saving measure, the design, fabrication, delivery and setting of the permanent restroom
structure was directly procured as owner -supplied rather than provided by the General Contractor. The
attached $ 602,439 Goods & Materials Agreement (Contract) and the Sole Source Justification allows for
this approach and contracts for this arrangement. The construction project's current funding allocated
by Council is adequate to cover this expenditure.
Staff Recommendation
Staff recommends the Parks & Public Works Committee approve and forward to the October 12, 2021
Council Meeting Consent Agenda the attached $ 602,439 Goods & Materials Agreement between the
City of Edmonds and the Public Restroom Company and Sole Source Justification to directly procure the
Civic Center Playfield Park restroom.
Attachments:
CIVIC RESTROOM BUILDING —SOLE SOURCE JUSTIFICATION 10.7.2021
Contract for Purchase of Civic Restroom Building FINAL
Packet Pg. 2
2.1.a
SOLE SOURCE JUSTIFICATION
The City of Edmonds' Purchasing Policy and Procedures require that quotes or
competitive bidding be conducted for all purchases of $20,000 or more. However, there
are exceptions to this requirement. A sole source purchase means that a single vendor
is uniquely qualified to meet the purchasing objective and therefore is exempt from the
bidding process.
Date October 5, 2021 Amount including freight and sales tax $569,700
Department Parks & Recreation Requestor Angie Feser
Description of Purchase/Service Building: 20% 0" x 40% 8" (including roof), Project Reference
Number: 10967-10/5/2021-4, Wall Finish: stucco, Roof: TPO Roof System, Freight to Site.
Vendor Name Public Restroom Company Address 2587 Business Parkway
City, State, Zip Code Minden, NV 89423 Phone Number 888-888-2060
Contact Katie Sherin
Chief Operating Officer
Phone: 888-888-2060
Fax: 888-888-1448
E-mail: Katy(ab_PublicRestroomCompany.com
Please check appropriate box
❑ Research has determined that equipment or service is necessary and available
from only one vendor.
❑ Item specifically required by grant or contract provisions.
❑ Government mandated services.
❑ Emergency purchase, repair services or parts replacement.
❑ Only compatible with existing system or equipment.
Packet Pg. 3
2.1.a
® Other — Please explain The Public Restroom Company prefabricated
concrete building is configured for use as a restroom, mechanical room and
storage room. It offers sufficient space to accommodate five unisex restrooms
and mechanical, electrical and control equipment required for the Civic Center
Playfield fountain. Custom blockouts provide a large area for a pump pit and
access to route numerous waterlines and other utilities to the exterior of the
building. The storage room with floor to ceiling interior walls and its own entry
door meets Washington State Code for chemical storage. Other suppliers offer
smaller prefabricated concrete buildings configured as restrooms or concession
stands that would not properly function as a mechanical room.
VENDOR CERTIFICATION
Vendor certifies that the City is getting the lowest price offered as compared to similarly
situated clients, terms and conditions.
Vendor Date
CITY CERTIFICATION:
I am aware of the City's requirements for competitive bidding and the established criteria
for justification for sole source/sole brand purchasing. As an approved department
designee, I have gathered the required information and have made a concerted effort to
review comparable/equipment or service. This effort is documented in this justification. I
hereby certify as to the validity of the information and feel confident that this justification
for sole source, sole brand procurement meets the City's criteria and will withstand an
audit the State Auditor's Office, or a vendor protest.
Department Designee
Mayor (if required)
City Project/Budget Number: EOMA/c551
2
Date
Date
Packet Pg. 4
GOODS, MATERIALS AND SERVICES AGREEMENT
between the City of Edmonds
and
Public Restroom Company
THIS AGREEMENT ("Agreement") is made by and between the City of Edmonds, a
Washington municipal corporation (the "City"), and Public Restroom Company, located and
doing business at 2587 Business Parkway, Minden, NV 89423, telephone number (888) 888-
2060, respectively (the "Vendor") as a sole source procurement contract for goods, materials
and installation services.
AGREEMENT
I. DESCRIPTION OF WORK. The Vendor shall provide the following goods,
materials and services to the City (as described more fully in the October 5, 2021 Price
Proposal, attached hereto as Exhibit A and incorporated herein by this reference):
Prefabricated Concrete Building, with installation, as follows:
Manufacturer Name / Part Description
1 Each Public Restroom Company Concrete Building / 20'- 0" x 40'- 8"
(including roof) Restroom Building.
Stucco wall finish, TPO roof system, (5) accessible restrooms, (1) pump room
with floor slab opening, (1) storage/flex room and (1) utility chase, (5)
exterior single doors, (1) exterior double door, (2) interior doors, (5) glazed
windows and (1) electrical panel.
Washington State PE drawings and calculations. Washington State Labor and
Industry design review, inspection tags and NLEA.
Freight to accessible site as defined by Public Restroom Company Install
Requirements.
Crane to offload and set building at accessible site as defined by Public
Restroom Company Install Questionnaire.
Project Reference Number: 10967-10/5/2021-4
Civic Center Playfield
CPN EOMA/c551
Packet Pg. 5
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the
Vendor shall provide and deliver all goods and materials and effect the installation of same
within 180 calendar days of written notice to proceed and signed approved architectural
submittals from all authorities required to provide approval. Delivery shall be made to City
of Edmonds Civic Center Playfield, 310 6th Avenue N, Edmonds, WA 98020. Time is of the
essence for this Agreement. The delivery date and time shall be mutually agreed upon,
between 8:00 AM and 2:00 PM, Monday through Friday only.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed six
hundred and two thousand, four hundred thirty-nine Dollars ($602,439.00), including
freight and applicable Sales Tax, for the goods, materials and services included in this
Agreement. The City shall pay the Vendor in monthly installments based upon plant
percentage of completion, supported by photographs.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties
will immediately make every effort to settle the disputed portion.
Certification of Price: The Vendor hereby certifies that the City is receiving the lowest price
offered as compared to the Vendor's similarly situated clients, terms and conditions.
Defective Goods. The Vendor guarantees the City that the goods and materials shall be free
of any and all defects in the workmanship and materials. The City reserves its right to
withhold payment from the Vendor for any defective or unauthorized goods or materials.
Final Payment: Waiver of Claims. VENDOR ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL
PAYMENT IS MADE.
IV. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants that the goods and materials to be provided pursuant to this Agreement are
merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to the City.
The Vendor shall correct all defects in workmanship and materials within five (5) years from
the date of the City's acceptance of the goods or materials. In the event any part of the goods
or materials are repaired, only original replacement parts shall be used —rebuilt or used
parts will not be acceptable. When defects are corrected, the warranty for that portion of
the work shall extend for five (5) years from the date such correction is completed and
accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar
days of the receipt of notice from the City of the defect. If the Vendor does not accomplish
the corrections within a reasonable time as determined by the City, the City may complete
the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish
the correction.
Civic Center Playfield
CPN E0MA/c551
Packet Pg. 6
V. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims,
injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or
in connection with the Vendor performance of this Agreement, except for that portion of the
injuries and damages caused by the City's sole negligence. The provisions of this section
shall survive the expiration or termination of this Agreement.
VI. INSURANCE. The Vendor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the provision of goods or materials to the City.
No Limitation. The Vendor's maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the Vendor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
Minimum Scope of Insurance. The Vendor shall obtain insurance of the types described
below:
Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover products liability. The City shall be
named as an insured under the Vendor's Commercial General Liability insurance
policy using ISO Additional Insured -Vendors Endorsement CG 20 15 or a substitute
endorsement providing equivalent coverage.
Minimum Amounts of Insurance. Vendor shall maintain the following insurance limits:
Commercial General Liability. insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 product
liability aggregate limit.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Commercial General Liability insurance:
1. The Vendor's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Vendors' insurance and shall not contribute with it.
2. The Vendor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
Civic Center Playfield
CPN EOMA/651
Packet Pg. 7
Verification of Coverage. The Vendor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Vendor
before goods or materials will be accepted by the City.
VII. MISCELLANEOUS PROVISIONS.
A. Non -Waiver of Breach. The failure of the City to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or
to exercise any option conferred by this Agreement in one or more instances shall not
be construed to be a waiver or relinquishment of those covenants, agreements or
options, and the same shall be and remain in full force and effect.
B. Resolution of Disputes and Governing Law. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
If the parties are unable to settle any dispute, difference or claim arising from the
parties' performance of this Agreement, the exclusive means of resolving that dispute,
difference or claim, shall only be by filing suit exclusively under the venue, rules and
jurisdiction of the Snohomish County Superior Court, Snohomish County,
Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance
of this Agreement, each party shall pay all its legal costs and attorneys' fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to
any other recovery or award provided by law; provided, however, nothing in this
paragraph shall be construed to limit the City's right to indemnification under Section
IV of this Agreement.
C. Written Notice. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice hereunder shall become effective
three (3) business days after the date of mailing by registered or certified mail and
shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
D. Assignment. Any assignment of this Agreement by either party without
the written consent of the non -assigning party shall be void. If the non -assigning
party gives its consent to any assignment, the terms of this Agreement shall continue
in full force and effect and no further assignment shall be made without additional
written consent.
E. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the City and Vendor.
Civic Center Playfield
CPN E0MA/c551
Packet Pg. 8
2.1.b
F. Entire Agreement. The written provisions and terms of this
Agreement, together with Exhibit A attached hereto, shall supersede all prior verbal
statements of any officer or other representative of the City, and such statements shall
not be effective or be construed as entering into or forming a part of or altering in any
manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in Exhibit A to this Agreement conflict
with any language contained in this Agreement, the terms of this Agreement shall
prevail.
G. Compliance with Laws. The Vendor agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future
become applicable to Vendor's business, equipment, and personnel engaged in the
provision of goods or materials as set forth in this Agreement or accruing out of the
provision of those goods or materials.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR:
CITY OF EDMONDS:
By:
By:
Print Name:
Print Name: Mike Nelson
Its
Its Mayor
DATE:
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
VENDOR:
CITY OF EDMONDS:
Public Restroom Company
City Clerk, City of Edmonds
2587 Business Parkway
121 Sth Avenue North
Minden, NV 89423
Edmonds, WA 98020
Civic Center Playfield
CPN EOMA/651
Packet Pg. 9
ATTEST/AUTHENTICATE:
Scott Passe , City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Civic Center Playfield
CPN EOMA/cSS1
Packet Pg. 10
Exhibit A
PUBLIC
RESTROOM
COMPANY
Price Proposal: Edmonds Civic Field, Edmonds, WA
Date: October 5, 2021
Reference: 10967-10/5/2021-4
Our Offer to Sell:
1. Restroom Building delivered to site @ $ 569,700
Building Better Places To Go.5N
Public Restroom Company herein bids to furnish (building only per plans and specifications,
delivered to site with all costs except installation including applicable taxes excluding
retention. (Retention is not allowed as this is materials or a product fully assembled before
shipment to the site and therefore not subject to retention.)
2. Installation: Turnkey Installation of the Building above @ $ 32,739 with retention allowed.
Public Restroom Company also includes in this two-part quotation our turnkey installation
package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of
work in preparation for installation including access to the site.
b. Verify the building pad size, building corners, finished slab elevation, utility depth and
location, meter size and distance from building, and compaction compliance.
c. Excavate the utility trenches for placement of our prefabricated underground piping
tree for plumbing and electrical, set the kit in place, provide the water test for
inspection before backfilling, and then place the site adjacent coarse sand you
provide to us alongside the building pad and screed it level for final building
placement. We will need onsite water availability for wetting the sand bed before
building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of
connection for water, sewer, and electrical conduit to the building internal electrical
panel.
3. Owner/General Contractor Final Tie In of Utilities and other site work:
The exterior utility connections for water, sewer and electrical 6' or less from the footprint of
the building are by owner/general contractor.
4. Total Cost of building and installation @ $ 602,439
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448
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PUBLIC
RESTROOM
COMPANY
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OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:
Scope of Work Background:
Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated
building slab elevation and front corners, excavate for building footings (if required), locate footing
sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to
subgrade pad, and provide location for utility POC's nominally 6' outside the foundation.
Preparation of Building Pad:
Owner/General Contractor is responsible for providing the building subgrade pad or when required
footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed
drawings for the subgrade building pad, utilities POC's, and if required the footings, attached to this
scope of work.
Subgrade Pad/Foundation Requirements:
1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for
the prefabricated building. The building pad size we require is larger than the final actual
building footprint. Provide building front corner stakes with 10' offsets.
2. Excavate the existing site to the depth of the required footings to local code if required.
3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches,
install underground utilities, and screed sand.
Owner/General Contractor verification of site access to allow Building Delivery:
1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable
access is defined as 14' minimum width, 16' minimum height, and sufficient turning radius for a
crane and 70' tractor -trailer.
2. Our cost is based upon the crane we provide being able to get within 35' from the building
center and for the delivery truck to be no more than 35' from the crane center picking point.
3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or
other obstacles that could be damaged, it is the Owner/General Contractor's responsibility for
repair and all costs, if damage occurs.
4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.
5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor
responsibility to properly mark them and verbally notify PRC before installation.
6. If weather becomes an issue for safety or site installation delays due to weather,
Owner/General Contractor or PRC with General Contractor's confirmation may call -off set. If
building set is stopped, relocation of the building modules to an onsite or offsite location may
incur additional costs to Owner/General Contractor.
Installation Notice and Site Availability:
PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General
Contractor shall make the site available during the delivery period. During the delivery period, on an
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448
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PUBLIC
RESTROOM
COMPANY
Building Better Places To Go.5N
improved site, Owner should stop site watering several days before delivery to minimize the impact on
the soils for the heavy equipment needed for installation.
Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in
readiness from Owner/General Contractor is received, PRC will provide a change order for re -
mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed,
the corner required survey stakes are in place, the slab elevation stakes are in place, the location of
the front of the building is confirmed on site, and access to the site is available from an improved
roadway. Owner/General Contractor shall sign the change order before we will continue delivery.
Public Restroom Company will "turn -key" set the buildings including the hook up of utilities inside the
building (only) when they are available. PRC will use its own factory trained staff for the installation.
Utility Connections:
1. The Owner/General Contractor is responsible for flushing all water service lines before final
connection.
2. The Owner/General Contractor is responsible for the final connections of water, sewer, and
electrical at the exterior of building POC's.
3. PRC provides a POC for water, a POC DWV waste line with a clean out your service connection,
and an electrical schedule 80 PVC sleeve at an exterior POC.
4. PRC provides and connects the interior building utility connections and the Owner/General
Contractor or their subcontractor makes the exterior connections to POC's for services.
Special Conditions, Permits, and Inspection Fees:
Follow any published specifications governing local building procedures for applicable building permit
fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if
required by Owner. PRC is responsible for all required State inspections and final State insignia
certification of the building, if applicable.
Jurisdiction for Off -site Work:
Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages
prefabricated building compliance in the state or the local CBO (when the State does not provide
certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan
set, calculations, and a third -party engineer inspection report for any and all closed work the local
official cannot see.
PUBLIC RESTROOM COMPANY SCOPE OF WORK:
Our In Plant/Off-Site Construction Scheduling System:
PRC has several off -site manufacturing centers in the United States, strategically located, with the
proper equipment and trained staff to fabricate our custom buildings to our high -quality fit and finish
standards. PRC manages quality control in our off -site production facility to comply with the approved
drawings and provides an inspection certification and photos as required. When proprietary materials,
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448
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which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers
with these proprietary PRC components. We then schedule the in -plant construction process to
coordinate with your delivery date through our Operations Division field staff. We guaranty on time at
cost delivery weather permitting.
Special Payment and Progress Billing Terms:
Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract
The first progress billing invoice will be issued for the commencement of design and engineering of
architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will
commence monthly based on plant percentage of completion, supported by photographs.
In the event of project stoppage, additional fees may be assessed for re -mobilization, storage, crane
costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could
change delivery schedules and project costs.
Delivery and Installation:
Site Inspection:
PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner
locations/elevation. We will also verify the delivery path from an accessible road or street and install the
underground utilities to the point of connection nominally 6' from the exterior of the building.
Installation:
PRC will install the building turn -key, except for any exclusion (listed under "Exclusions," herein.)
Installation of Utilities under the Prefabricated Building:
We fabricate off -site an underground utilities (water, and DWV piping and fittings) preassembled
plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated
trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing
We provide all the under -slab piping including the driven electrical ground rod. The Owner/General
Contractor brings utility services to within 6' of the pad and are responsible for final connections at that
point.
Connection of Utilities Post Building Placement:
After placement of the building on the pad by PRC, our field staff will tie in the water and sewer
connection "inside" the building only and terminate at a point of connection (POC) outside the building
clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point
of service connections at the nominal 6' from building locations.
Electrical:
PRC provides the electrical conduit to the POC 6' from the building. The Owner/General Contractor pulls
the wire and ties it off on the electrical panel.
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
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Plumbing:
PRC provides the POC up to 6' from the building footprint and the Owner/General Contractor connects
the water to our stub out location.
Sewer:
Some sites depending on the local jurisdiction will require an outside house trap which Owner/General
Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean
out to which Owner/General Contractor will terminate the site sewer service.
Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:
Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV,
and the electrical connections for compliance with code. While the building is fully tested for leaks at
the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening
once the building services (water) is completed. Owner/General Contractor is responsible for minor
fitting tightening to handle small slip fitting leaks caused by transportation.
Time of Completion:
PRC estimates a 180 calendar day schedule to complete our scope of work from receipt of written notice
to proceed together with signed approved architectural submittals from all authorities required to
approve them.
Exclusions/Exceptions:
1. Downspouts, gutters and PTO tie in, Advantus lights, electrical meter, utility sink, floor
sink & eyewash by others, not PRC.
2. Access issues for delivery of the building by a clear unobstructed path of travel from an
improved roadway to the final installation pad or foundation may cause site delays and
extra cost at each site. This exclusion covers sites whose access is limited by trees,
inaccessible roadways, overhead power lines at location where crane will lift building,
grade changes disallowing our delivery trailers with only 4" of clearance to grade, berms,
or uneven site grades, or when the path of travel is over improvements such as sidewalks,
all of which are not within the scope of work by PRC. On some sites without on -site
storage availability for buildings that cannot be set, relocation to a proximal crane yard
and later relocated to the site for installation, will incur additional fees at rates that vary
depending on local rates. PRC will provide written costs for this additional work by change
order.
3. If weather on site causes site delivery issues, the delivery may have to be diverted to an
off -site location and the additional costs will be a change order to the bid. Our staff works
with the Owner/General Contractor in advance to make sure sound decisions for delivery
are made to avoid this issue. But sometimes Owner/General Contractor take risks for
weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.
4. Sidewalks outside the building footprint.
5. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site
utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
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PUBLIC
RESTROOM
COMPANY
Building Better Places To Go.`'
or other site improvements if damaged during installation shall be the responsibility of
the Owner/General Contractor.
6. Not responsible for removing any soil, sand, or other debris as a result of trenching or
installation.
7. Survey, location of building corners, finish floor elevation, excavation, and construction of
subgrade building pad and footings (if required) per PRC plans.
8. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90%
maximum dry density shall require Owner/General Contractor correction before building
placement. If no soils testing report is available before bid, Owner/General Contractor
must verify site supporting soils at a minimum of 1500 PSF because that is the least we
can place our structures on or Owner/General Contractor or engineer of record must
design a foundation system to meet the imposed loads of site placement.
9. Improper water pressure, an undersized meter, or improper water volume flow to the
building may necessitate a change order for installation of a building internal diaphragm
tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum
of 40 PSI to properly flush the fixtures. Building water service chlorination, post
installation, shall be by Owner/General Contractor.
10. Our bid included crane costs are based on a maximum 35' radius from the center pin of
the crane (10' back from the rear of the crane) to the building center point of the furthest
building module roof. If additional distance requires a larger crane, additional costs will be
assessed by change order to the Owner/General Contractor.
11. Bonds, building permits, a site survey, special inspection fees, minor trash removal
(nominally one pickup truck of shipping materials), final utility connections to the on -site
water, sewer and electrical are by the Owner/General Contractor. Since the building is
fully inspected and tested in plant, minor plumbing leaks (if water is not available when
building site work installation is completed) is by the Owner/ General Contractor.
12. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.
13. Any equipment installation, site work or special inspections other than described within
this proposal, shall be by Owner/General Contractor.
14. Backflow certification if applicable by Owner/ General Contractor.
Insurance and Prevailing Wage Certification:
PRC shall comply with the required insurance requirements, wage reports, and safety requirements for
the project, including OSHA regulations.
Special Insurance to protect the Building before acceptance:
As PRC requires payment for each month of off -site construction, and since the building is not on owner
property where their insurance will cover the building, we maintain a special policy that insures the
property even when paid for off -site until the building is finally accepted by the owner. This special
policy protects the Owner's custom ordered materials to be used in the fabrication of the building
during this period. PRC provides this Stock Throughput Policy to cover the building materials from
supplier to manufacturer, while it is being built off -site, while in transit to the job site, during and after it
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
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PUBLIC
RESTROOM
COMPANY
Building Better Places To Go.s"
is installed on -site until final acceptance. This special policy has a $1,000,000 coverage limit. This
exceeds the cost of any single building we have offered for sale herein.
Errors and Omissions Insurance:
Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.
Since these buildings are required to meet accessibility standards and building codes on site, and since
we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any
errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the
insurance certificates we provide after receipt of a purchase order.
WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called "Company") shall be warranted to the
Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years
from last date of installation if building is installed by Company or 1 year if building is installed by Owner
or Owner's agent without on -site supervision by Company. Company warranty on building shell
including exterior walls, concrete 8" slab/foundation, and roof system is warranted for 20 years
structurally. The Company will repair or replace at their sole option any defects in work upon proper
notice to the below stated address below.
Our Company extended warranties shall be Company only and shall have no effect on any required
Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the
Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance
warranties beyond the one year period. The warranty extension is solely between the owner and PRC
and not the general contractor, bonding company, or architect/engineer of record.
This warranty applies only if all work performed by Company has been fully paid for, including change
orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of
building product.
The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or
implied, including those of merchantability and fitness.
There are no warranties which extend beyond those described on the face of this Warranty. The
foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.
Term of Offer to Sell and Owner/General Contractor Acceptance:
This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable
duration imposed within the Owner's bid documents. Acceptance is by approving our post bid
preliminary notice to begin drawings subject to final Owner/General Contractor approval of our
submittals and receipt of a contract or a purchase order/contract.
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
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PUBLIC
RESTROOM
COMPANY
Building Better Places To Go.s"
Special Notice of Possible Project Cost Increases as a Result of Late Payments:
In the event of delayed or late payment, PRC shall have the right to remedies including late charges,
overall project total cost increases, and other damages as allowed by applicable law. The contract price
quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the
agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to
cure and if payment is still not received, the discounted price for the payment due may increase, to an
undetermined amount, to cover work stoppage, remobilization, cancellation of materials and
subsequent restocking charges, resale of the contracted building to another party, storage fees,
additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the
project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum
amount allowed by law or 18% whichever is greater.
Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work
performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off -site
demolition and disposal of the partially or fully fabricated building as well as any non -returnable
materials which were custom -ordered to complete fabrication in PRC's factory location. Any returned
materials are subject to return and restocking fees at the Owner/General Contractor expense.
Venue for Contract Jurisdiction:
Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal
jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your
default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage,
expenses of physical recovery, and statutory interest, as allowed by law.
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
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PUBLIC
RESTROOM
COMPANY
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No modifications to this offer shall be authorized unless confirmed in writing by the President
of Public Restroom Company.
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Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building
subject to acceptance of the submittals, furnished by Public Restroom Company. Once you
accept the preliminary submittals, this shall become a final purchase agreement or at your
discretion the final purchase order or a contract may be substituted with this attached.
Accepted by:
Authorized Signature
Printed Name
Date Signed
Legal Entity Name and Address
Edmonds Civic Field, City of Edmonds, WA 1 10/05/2021 1 Reference # 10967-10/5/2021-4
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2.1.b
PROJECT REF#: 10967
RESTROOM / STORAGE BUILDING
EDMONDS CIVIC FIRE
CITY OF EDMONDS, WASHINGTON
COPYRIGHT 1010, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM
COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE
WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY.
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Packet Pg. 23 1
2.2
City Council Agenda Item
Meeting Date: 10/12/2021
Arts Commission Recommendation for Civic Park Artist
Staff Lead: Frances Chapin
Department: Parks, Recreation & Cultural Services
Preparer: Scott Passey
Background/History
The Edmonds Arts Commission (EAC) was established by City Council in 1975 (Ordinance 1765). The
overall mission of the Arts Commission is to ensure that the arts are integral to our community's quality
of life, economic vitality, and central identity.
In 1975 the Percent for Art Ordinance 1802 was also adopted, providing a funding source for future
public art. The Arts Commission is charged with advising and making recommendations to the Mayor
and City Council with regards to public art. For each public art project the Arts Commission works with
staff to define the project, identify the best process for selection, and develop a call for artists that is
approved by City Council.
On February 18, 2020, the call to artists for Civic Park, with a total artist budget of $90,000, was
approved on the Consent Agenda which authorized the City to advertise the opportunity with a deadline
of March 17, 2020. The Call to Artists specifies two sites recommended by the project design team
(Walker Macy) for artwork at the main entry to the park plaza area on 61" Avenue N. between Bell and
Sprague.
Staff Recommendation
Park & Public Works Committee forward to a Council meeting Public Hearing with presentation by Art
Commission recommended artist Clark Wiegman and for consideration of Council to approve a design
contract with the artist.
Narrative
The City's public art process for integrated design selects and hires an artist based on their qualifications
and past work to design, create and fabricate public art in a designated location. In accordance with this
process, a five member Selection Panel was established in spring 2020 with the following members:
Kristiana Johnson - City Council representative; Marni Muir - Arts Commission representative; Isabela
Wilhelm - student representative; Jack Mackie - Edmonds resident and professional public artist; and
Steve Shelton - downtown Edmonds resident and business owner. Due to the pandemic, the panel met
virtually in April 2020 and selected five finalists to interview from the pool of 34 applicants. Interviews
were subsequently postponed due to Covid restrictions and delay in park construction. In late summer
2021 the process was resumed and the five artists were interviewed at an advertised public meeting on
Zoom on September 23. Public comment was taken in written format during and after the interviews
and was provided to the Selection Panel for consideration. The Selection Panel reached consensus that
Packet Pg. 24
2.2
Clark Wiegman is the recommended artist for the Civic Park project. This recommendation was
presented to the Arts Commission at their regular meeting on October 4, 2021 and EAC approved a
motion that the recommendation of Clark Wiegman be forwarded to City Council with a request to
approve the design contract with the artist. There will be two separate contracts with the artist, one for
design ($18,000) and one for fabrication ($72,000). The design contract specifies that the artist will work
with the community and the Civic Park project design team to develop concepts for one or both of the
two sites identified by the park designers for artwork. The design that emerges from this process will be
presented by the artist at a public meeting for comment. The final design will be presented at City
Council at a Public Hearing. At this stage, if the design and the fabrication contract are approved, the
artist will be under contract to fabricate and install the approved artwork.
Attachments:
Civic RFQ Call to Artists - final
Draft Min Oct _4_21
Artistic Services Contract (with SEC edits) 10.7.2021
Wiegman application sm
Packet Pg. 25
2.2.a
City of Edmonds, WA
Edmonds Civic Park Call -to -Artists
Request for Qualifications (RFQ)
The City of Edmonds Arts Commission is seeking an artist or artist -led team to create a commission for a
prominent location at Civic Park, a newly designed downtown park and civic destination for all ages,
which will undergo development in 2020-21.
Project Budget: $90,000
Eligibility: Open to professional artists residing in WA, OR, CA or British Columbia.
Deadline: Tuesday, March 17, 2020
EXISTING
BOYS &
GIRLS CV
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Opportunity: The City of Edmonds Arts Commission is seeking an artist or artist -led team to design,
fabricate and install artwork for the 6th Avenue North entry plaza to the new Edmonds Civic Park. Two
possible locations are identified (see pictured, above). The selected artist or artist -led team will not be
expected to create art for both locations, but rather prioritize one location for a welcoming, signature
installation.
Site Locations: Two sites adjacent to the entry plaza off of 6th Avenue North are recommended for
artwork. This mid -block entry plaza provides access to adjacent petanclue grove and the Boys and Girls
Club. The entry also welcomes park users and visitors to the walking/jogging trails, nearby skate -park,
scramble wall, athletic fields and wild flower meadow.
The artwork locations and possibilities include:
Edmonds Civic Park Call -to -Artists RFQ I pg. 1 of 4
Packet Pg. 26
2.2.a
1. Sculptural feature that visually separates the entry plaza from the Boys and Girls Club facility
2. Suspended sculpture for the shade structure
Site #1 is approximately 133 feet -long on the north side of the plaza. There is a low level planting bed
planned for this area. Site #2 is located within the shade structure, which is 23 feet -wide by 57 feet -long,
and 14'3" to 18 feet high. Since the park is used year-round for events and activities, the Edmonds Arts
Commission (EAC) is particularly interested in artwork that incorporates lighting and/or kinetic
elements. Power will be provided to both locations by the City of Edmonds.
About Civic Park
The site is a former school district track and field that has been used for community recreation for over
50 years. Recently acquired by the City, an extensive public master planning process is commissioned to
design an aesthetic and more inclusive downtown park.
The planned development of Civic Park embraces this downtown park's potential to contribute to a
sense of community identity and civic pride, while promoting active, healthy lifestyles, energizing the
local economy, and bolstering the city's growing reputation as a destination on Puget Sound.
Civic Park is an eight -acre park in the heart of downtown Edmonds that straddles the boundary between
residences, civic amenities and the downtown commercial district. Well -loved and used by residents of
all ages, it is home to the Edmonds Boys and Girls Club, Edmonds Petanque Club and several of Edmonds
annual festivals, such as Taste Edmonds and the 4th of July Fireworks.
Featuring an inclusive playground, walking track, skate -park, petanque grove, tennis court, scramble
wall, multi -sport court, lighted athletic field, wildflower meadows, water feature, and more, this legacy
park will serve as an iconic place for gathering, celebration, and enhanced daily life, serving Edmonds for
generations to come.
Designated as the State's first Certified Creative District in 2018, downtown Edmonds is a hub for
cultural activities and creative businesses. Civic Park lies within the Creative District. It is also located
two blocks from the Edmonds Center for the Arts, which hosts world -class touring performances, as well
as performances by regionally -based ballet, symphony and choral companies.
Budget
The budget of $90,000 is available for the design, fabrication and installation of the artwork. The budget
must include artist's fees, design costs, including engineering review, materials, fabrication, delivery,
installation costs, including foundation design and construction, required insurance, travel and sales tax.
Some basic site preparation, power supply and landscaping will be provided by the City. The EAC will
provide a total of up to $2,500 in approved reimbursable travel expenses for artists residing beyond 50
miles from Edmonds. The selected artist/artist-led team will be encouraged to work closely with the
City, community, and park design team consultants and contractor to determine final design and
landscaping concepts, particularly for Site #1. The shade structure (Site #2) is designed and constructed
as part of the park renovation adjacent to the restrooms. The selected artist/artist-led team will be
expected to work the City, community, and park design team consultants to integrate the suspended
artwork.
Edmonds Civic Park Call -to -Artists RFQ I pg. 2 of 4
Packet Pg. 27
2.2.a
Timeline
• Call for Artists/RFQ open: Wed. February 26, 2020
• Deadline for Entry: Tue. March 17, 11:59 pm, 2020
• Selection Panel meeting #1: Fri, March 27, 2020
• Finalists contacted: Wed. April 7-8, 2020
• Finalist Orientation: Wed. April 22, 2020*
• Selection Panel meeting #2 (interviews): Thur. April 23, 2020*
* If selected as a finalist, applicants are required to be available in person on April 22 and 23 for site
orientation and interview at a public meeting. Times, "tba".
Artwork Development:
• May 2020: Finalist recommended to City Council at a Public Hearing. Approval of Finalist;
Contract issued
• June -July 2020: Research and Conceptual Development
• August 2020: Presentation of Conceptual Proposal to Panel and EAC at a public meeting
• September 2020: Presentation of Final Design at a Public Hearing and Approval by City Council
• September -December 2020: Detailed design development and Final Design schedule,
dependent on approved concept and contractor milestones
• Spring/Summer 2021: On -site Implementation
Selection Criteria
Finalists will be selected on the basis of the following criteria:
• Quality and strength of past work as demonstrated in the submitted application materials
• Command of dynamic spatial relationships and demonstrated understanding of sites with
multiple viewing points
• Perceived ability to create an engaging, welcoming experience
• Perceived ability and interest in creating site -specific artwork
• Availability to begin proposal development work immediately.
Selection Process
A five to seven person selection panel will review the applications and select up to five finalists for
interviews. Prior to the interview, all finalists are asked to attend an orientation so that they can fully
understand the site context and scope of the Civic Park project, as well as adjacent connections. The
panel will reconvene to interview the finalists and select one artist or artist team for the commission.
The orientation and interview will be held in Edmonds, Washington. The panel will reconvene for
presentation of the selected artist's proposed design concept at a Public Meeting prior to
recommendation to City Council for final approval.
The panel reserves the right to make no selection from the submitted applications or finalists'
interviews. The panel's recommendations are subject to approval by the Edmonds Arts Commission and
Edmonds City Council.
Edmonds Civic Park Call -to -Artists RFQ I pg. 3 of 4
Packet Pg. 28
2.2.a
Application
Applicants are required to submit RFQ online via Submittable:
https://citvofedmondsartscommission.submittable.com/submit/160275/edmonds-civic-park-call-to-
artists-request-for-qualifications-rfq
Application Materials
Cover Letter (max. 750 words)
Explain why you/your team are interested in this opportunity. Outline your abilities relative to
project goals and how you would approach this commission with consideration to your previous
work. Consider the selection criteria as it relates to your experience and interests.
• Resume(s)
Maximum two -page current professional resume. Please keep formatting simple.
Artist Teams: save resumes as one document (max. 2 pages for each team member, e.g., two
team members equals a maximum of 4 resume pages).
Work Samples
Maximum 10 samples of any combination of digital images for upload (required) and links to
audio/video files (optional, limit 2). Each work sample requires a brief description, 75 words or
less. Descriptions should include the following information if applicable: Project location;
Commissioning agency; Budget; Project partners; Copyright owner; Photo credit.
Questions?
Contact Frances Chapin, Arts & Culture Manager: frances.chapin@edmondswa.gov or 425-771-0228
Edmonds Civic Park Call -to -Artists RFQ I pg. 4 of 4
Packet Pg. 29
2.2.b
edmonds
ARTS COMMISSION
MINUTES - Meeting via Zoom 4:45 pm Oct 4, 2021
The Edmonds Arts Commission: dedicated to the arts, an integral part of community life.
City of Edmonds Parks, Recreation & Cultural Services Department
PRESENT:
Rhonda Soikowski
Ashley Song
Richard Chung
Pat Oneill
Lesly Kaplan STAFF AUDIENCE
Lisa Palmatier Frances Chapin Marni Muir
Georgia Livesey Laurie Rose
The meeting was called to order at 4:47 PM by Rhonda Soikowski. Soikowski read the land acknowledgement.
"We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their
successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of
these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred
spiritual connection with the land and water."- City Council Land Acknowledgment
ADDITIONS/CHANGES TO THE AGENDA —
MINUTES —Approval of August 2 minutes, Sharp Moved to approve as corrected, Kaplan Seconded,
Approved. Approval of Sept. 13 minutes, Oneill Moved to approve as corrected, Palmatier Seconded,
Approved.
PUBLIC COMMENT/INTRODUCTIONS —
REPORTS -
A. Creative Programs
Civic Park Artist Recommendation — Chapin introduced Marni Muir who was on the Selection Panel
representing the Arts Commission. Chapin briefly reviewed the process for selection of an artist for
integrated design, a process appropriate for Civic Park because the site is not yet constructed and the
artist will have an opportunity to work with the design team and the community in the process of
developing concepts. The proposed final concept will be reviewed by the Arts Commission prior to
presentation to City Council. Once a final concept is approved after a Public Hearing at City Council, a
fabrication contract will be put in place with the artist - for fabrication and installation in late 2022 or
early 2023. The Arts Commission develops the Call to Artists, sets the Selection Panel, and reviews
the recommendation of the Selection Panel. Muir is here tonight to present that recommendation.
Muir commented first on what a great process it was and complimented the artist consultant
facilitator, Cath Brunner, and staff on how well the interviews were organized. Written public
comment received about the interviews was shared with the panel. She noted that there were five
strong candidates and the panel had lots of conversation about all of them. The Selection Panel
reached a consensus that the best choice, the top pick for the Civic Park project is Seattle artist Clark
Wiegman. They were impressed by his thorough process, his thoughtfulness about sense of place, his
interest in the deep history of place, and his ability to find an interesting story. Wiegman also uses
light effectively and interest in the 24/7 nature of the site. He gave an excellent presentation for his
interview and commissioners reviewed the examples of his previous work that he presented in the
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interview. Palmatier, who attended the interviews, commented on the professional process and the
fact that all of the artists were talented public artists so it was a hard choice. Chung expressed
interest in Wiegman's use of light and space and negative space. Discussion followed with a variety
of comments by commissioners about the work and the process. Chapin emphasized that the
contract with the selected artist is for the design phase and there are specific minimum requirements
regarding artist interaction with the community. The contract specifies for example meeting with the
Youth Commission and neighborhood/Civic advisory group members. It was suggested that the
Diversity Commission be added to that list, to contact the Art group at EDWHS and to make sure ECA
and Historical Museum representation is included as neighbors. Song thanked Muir and the Selection
Panel, noting that Wiegman has created a wide range of artwork, and emphasizing that collaboration
with the community during the design phase is important. Palmatier Moved and Oneill Seconded
that the Selection Panel recommendation of artist Clark Wiegman be forwarded to City Council for
selection approval and approval of the design contract with the artist, Approved.
2. Write on the Sound — Kaplan reported that 120 people registered and things went very well over the
three-day conference. She was very impressed with the keynote by Lisa See, noting that this author
can really tell a story and does amazing research. Kaplan thanked staff for great organization and
both Kaplan and Rose appreciated the work of the committee. Rose noted that the committee chose
good presenters and we were able to work with people who would not have been able to present at
an in -person conference. With fewer sessions offered in order to make it manageable, the overall
attendance was lower, but a higher percentage, 30%, came from different states and three different
countries. Planning for 2022 will maintain some flexibility.
Annual Report — Soikowski will be presenting the Annual Report at City Council on Oct 5 at 7 pm. She
worked with Chapin to develop some visuals and will be touching on highlights of 2020 and 2021,
emphasizing the way that EAC has reimagined programs to be accessible during the pandemic.
Palmatier thanked Soikowski for representing the commission.
4. Arts & Humanities Proclamation — Chapin thanked commissioners who reviewed the proclamation
and stated that it is now scheduled for October 19 at City Council.
C. Funding & Administration
STAFF REPORT— Chapin reported that the Hwy 99 Gateways was brought back to City Council and will
proceed with a Stakeholders meeting Chung will report on at the November meeting. Chapin and Kaplan
discussed the possibility of using 2021 funding for a student workshop in partnership with ECA for the We
Speak program started last year. The $1,000 funding would help offset costs for artist workshops at Scriber
Lake High School, in a similar fashion to the support provided by EAC in 2020. Commissioners concurred that
this is an appropriate use of the budgeted funds. Chapin further suggested that EAC work with ECA to
possibly fund literary workshops in 2022 and contact EPIC regarding the proposed poetry program and how
that might tie into the poetry workshop for youth they are doing in November as part of the small grant
received from EAC. Chapin informed the Commission that the Guy Anderson painting that has been on loan
to Cascadia Art Museum since their opening will be returned in November.
NEW/OTHER BUSINESS — Chapin noted that she postponed the discussion about On the Fence and Palmatier
has agreed to lead that at the November meeting.
Meeting Adjourned at 6:14 PM.
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City of Edmonds, Parks, Recreation & Cultural Services
AGREEMENT FOR ARTISTIC SERVICES
THIS AGREEMENT FOR ARTISTIC SERVICES (the "Agreement") is made and entered into
this day of , 2021 (the "Effective Date") by and between the City of
Edmonds, Parks, Recreation & Cultural Services Department ("City"), and _Clark
Wiegman dba Artifacture (the "Artist"), whose address is _ and telephone
number is
RECITALS
WHEREAS, the City desires to retain the Artist to perform artistic services as described
in this Agreement for the creation of a site -specific artwork for a site(s) within the primary entry to
Civic Park at 6th Avenue N between Bell and Sprague as described in more detail in Exhibit A
("Scope of Services") tthe "Services"), and
WHEREAS, Civic Park is a central and important recreational amenity in downtown
Edmonds which is included in the Downtown Edmonds Creative District; and
WHEREAS, the livability and reputation of Edmonds as a regional cultural center is
enhanced by the accessibility of this park; and
WHEREAS, public art enhances the quality of life of our citizens, stimulates economic
development, and attracts visitors to our region; and
WHEREAS, the City has committed to a public art program that will enrich and contribute
to the understanding of art and culture of the Northwest; provide a cultural resource for the
community; resonate with people of diverse backgrounds, visitors to Edmonds and local
residents; encourage communities to engage with art and each other in a way that inspires
repeat visits, inviting shared experiences; and that will enhance and support the design and
experience of Civic Park; and
WHEREAS, the Artist has been selected by the City within established procurement
policies and procedures.
NOW, THEREFORE, the parties do mutually agree as follows:
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AGREEMENT
SECTION 1. DURATION OF CONTRACT
A. The term of this Agreement shall commence on the Effective Date, and shall
terminate upon completion of the Services, unless it is extended by agreement of the parties or
terminated earlier pursuant to the terms and conditions of the Agreement.
B. If the Artist and the City have entered into any prior oral or written agreements
for the Services, this Agreement supersedes and replaces all prior agreements or
understandings.
SECTION 2. SCOPE OF SERVICES
A. The City has hired A-1 Landscaping & Construction EOM to construct the
new park working with the design team of Walker Macy and at times an Art Consultant ("Art
Consultant") and the City Project Manager and the City Arts & Culture Manager to coordinate
and facilitate the Artist's work. Notwithstanding the foregoing, all final decisions under this
Agreement shall be made by the City.
B. The Artist will use their best efforts to perform the Services in a satisfactory and
competent manner. Should the Artist engage any subcontractors in the performance of the
Services, the Artist agrees that the Artist will cause all such subcontractors to be bound by the
terms and conditions of this Agreement. Notwithstanding the foregoing, the Artist shall not
assign the creative or artistic portions of the Services to another party without the prior consent
of the City. Clark Wiegman, principal of the Artist, shall perform the creative and artistic portions
of the Services. The Artist agrees to comply with all applicable local, state and federal laws,
regulations and ordinances regarding performance of the work and the Services. In providing
the Services under this Agreement, the Artist is an independent contractor, and neither the
Artist nor its subcontractors or the agents or employees or any of them are employees of the
City for any purpose. The Artist shall make no claim of career service or benefit rights, which
may accrue to a City employee under state or local law.
C. The City retains the Artist upon the terms and conditions contained herein to
provide the Services described in Exhibit A , attached hereto and incorporated into this
Agreement by this reference.
D. Notwithstanding the foregoing, the City is not obligated by this Agreement to
proceed to implementation/fabrication of the artwork or design proposal. The City reserves the
right to reject the Artist's design proposal.
SECTION 3. COMPENSATION
A. The City shall reimburse the Artist for satisfactory completion of the Services in
an amount not to exceed $18,000, payable in the amounts and upon satisfactory completion of
the milestones specified in Exhibit B ("Scope of Compensation"), attached hereto and
incorporated into this Agreement by this reference. All amounts paid under this Agreement are
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inclusive of all applicable state and federal taxes including any Washington State Sales Tax, if
applicable, owed by the City as a result of this Agreement. It is the responsibility of the Artist to
remit the sales taxes, if applicable, to the Washington State Department of Revenue.
B. The City shall have the sole responsibility and authority for determining
acceptable stages of completion and approval of the Services. It is understood that the City has
no obligation regarding sales commissions or any agreements with galleries or agents with
whom the Artist may have contracted.
C. The Artist shall submit invoices to the City as described in the Scope of
Compensation Exhibit B.
D. If the Artist fails to comply with any terms or conditions of this Agreement or to
provide in any manner the Services agreed to herein, the City may withhold any payment due
the Artist until the City is satisfied that corrective action, as specified by the City, has been
completed. This right is in addition to and not in lieu of the City's right to terminate this Agreement
as provided in Section 8.
SECTION 4. HOLD HARMLESS AND INDEMNIFICATION
A. To the fullest extent permitted by law, the Artist shall indemnify, defend and hold
harmless the City, its officers, managers, agents and employees from and against all claims,
including reasonable attorneys' fees resulting from such claims, by third parties arising out of or
incident to the Artist's or any subcontractor's or their respective agents', employees' and officers'
misconduct or negligent acts or omissions in the performance of the Agreement. "Claim" as
used in this Agreement means any financial loss, claim, suit, action, damage, or expense,
including but not limited to attorneys' fees, attributable to the breach of this Agreement or for
bodily injury, sickness, disease or death, or injury to or destruction of tangible property including
loss of use resulting therefrom arising out of performance of the Services. The Artist's obligation
to indemnify, defend and hold harmless includes (without limitation) any claim by the Artist's
agents, employees, representatives, or any subcontractor or its employees.
B. Provided, however, that: (1) the Artist's obligations hereunder do not extend to
Claims caused by or resulting from the sole willful misconduct or sole negligence of the City and
their officers, agents or employees; and (2) the Artist's obligations to indemnify, defend and
hold harmless for Claims caused by or resulting from the concurrent negligence or concurrent
willful misconduct of the indemnifying party and the indemnified party shall apply only to the
extent of the negligence or willful misconduct of the indemnifying party, its officers, agents, or
employees.
C. Each party will bear full responsibility for any and all of each party's respective
tax liabilities owed that may arise in relation to this Agreement, and each party will indemnify and
hold the other party, its officers, agents and employees harmless from any tax liability owed by
other party arising from or related to this Agreement, including, but not limited to, any taxes,
penalties, fines, and/or interest that are assessed by any tax authority against the indemnifying
party, and further including all attorneys' fees and costs incurred in response to any claims or
assessments by any tax authority against the indemnifying party, its officers, agents and
employees.
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D. The obligations in this Section shall survive termination or completion of this
Agreement as to any claim, loss or liability arising from events occurring prior to such termination
or completion.
E. The Artist shall obtain and keep in effect during the term of this Agreement any
worker's compensation and employer's liability insurance required by the State of
Washington and commercial general liability insurance naming the City as an additional
insured in the amounts, with terms, and insureds approved by the City.
SECTION 5. EQUAL EMPLOYMENT OPPORTUNITY
A. During the performance of this Agreement, neither the Artist nor any party
subcontracting under the authority of this Agreement shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any
sensory, mental, or physical handicap in the employment or application for employment or in
the administration or delivery of services or any other benefits under this Agreement. The Artist
shall comply fully with all applicable federal, state and local laws, ordinances, executive orders
and regulations which prohibit such discrimination. These laws include, but are not limited to,
RCW Chapter 49.60 and Titles VI and VI I of the Civil Rights Act of 1964, and Section 504 of the
Rehabilitation Act of 1973.
SECTION 6. RECORD KEEPING AND AUDITS
A. The Artist, including their subcontractors, shall maintain records in accordance
with generally accepted accounting procedures and shall maintain evidence of all expenses
incurred in the performance of this Agreement.
B. The City shall, for the purpose of examination and audit, have access to and be
permitted to inspect such records and other evidence of costs and expenses charged to the
City and/or incurred for Services related to the Agreement for a period of six (6) years after
completion of the Services. All research, tests, surveys, preliminary data, reports, and any and
all other work product prepared or gathered by the Artist in preparation for the Services shall
be and are the property of the Artist; provided, however, that all reports, presentations,
documentation and testimony prepared by the Artist 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. Documents prepared under this Agreement and in the possession of the Artist may
be subject to public records request and release under Chapter 42.56 RCW.
SECTION 7. PROPRIETARY RIGHTS AND RIGHTS OF REPRODUCTION
A. The parties to this Agreement mutually agree that if any patentable or
copyrightable material or article should result from the work described herein, all rights accruing
from such material or article shall be the sole property of the Artist, except as otherwise provided
in this Agreement.
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B. None of the Artist's Services provided herein will be deemed "works for hire" for
purposes of copyright law and the copyright will belong solely to the Artist.
C. Except as otherwise provided herein, the Artist expressly reserves every right
available to them at common law or under the Federal Copyright Act to control the making and
dissemination of copies or reproductions of any items that are conceived, made, discovered,
written or created by the Artist pursuant to this Agreement.
D. Notwithstanding the foregoing, the Artist authorizes the City and its assigns to
digitally and graphically reproduce, by any and all means and media now or hereafter known,
the Artist's designs and conceptual artwork proposal without prior consent of the Artist for
purposes of advertising and promotion of Civic Park and the City of Edmonds and for non-
commercial purposes; provided that the City shall assure that all reproductions contain a credit
to the Artist and a copyright notice substantially in the following form: "Title of the Artwork,
Artist's name, Date," provided further that such credit is not required in reproductions where the
artwork is an incidental element.
E. The City is not responsible for any third -party infringement of the Artist's
copyright and is not responsible for protecting the intellectual property rights of the Artist. It is
understood that the Artist's proposal and other materials that may be created by the Artist as a
result of this Agreement may be photographed by the public.
F. If the Services result in a proposal that is accepted by the City, and the City and
the Artist enter into an implementation or fabrication agreement, the Artist understands that it will
be required to partially waive its rights under the Visual Artists Rights Act in substantially the
following form:
The artwork is specifically created for Civic Park; therefore, the City will not alter, modify,
relocate or change the artwork, other than maintenance and repair, without discussion with the
Artist regarding the proposed change, alteration, relocation or modification. If an alteration,
relocation, modification or change should occur, the work will no longer be represented as the
work of the Artist, without the Artist's written permission. The City in consultation with
representation from its then art advisors will use good faith efforts to reach agreement with the
Artist on all alterations, modifications, relocations or changes other than maintenance and repair
which are made during the lifetime of the Artist. If the City and the Artist cannot agree regarding
alterations, modifications, relocations or changes, the City may make such alterations,
modifications, relocations or changes as it deems necessary and its decision shall be final. In
that event, the City agrees to no longer represent the work as that of the Artist, upon receipt of
a written request to that effect from the Artist. The provisions of this Section shall survive the
termination of this Agreement.
SECTION 8. TERMINATION
A. This Agreement may be terminated without cause, in whole or in part, at any time,
by either party providing the other party at least thirty (30) business days written notice before
the termination; however, if the Artist terminates this Agreement in the early stages and without
cause after receiving payments but before completion of Task B, the Artist may be required to
return to the City immediately any funds which have been paid to the Artist by the City. The
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decision regarding return of funds will be made at the City's sole discretion.
B. The City may terminate this Agreement, in whole or in part, upon seven (7)
business days advance written notice in the event: (1) the Artist materially breaches this
Agreement; or (2) the duties, obligations, or services required herein become impossible, illegal,
or not feasible. Upon any termination:
1. If the termination results from acts or omissions of the Artist in breach of
this Agreement, including but not limited to misappropriation, nonperformance of the Services
or fiscal mismanagement, the Artist shall return to the City immediately any funds
misappropriated or unexpended which have been paid to the Artist by the City.
2. If the Agreement is terminated as provided in this Subsection: (1) the
City will be liable only for payment in accordance with the terms of this Agreement for Services
performed prior to the effective date of termination; and (2) the Artist shall be released from any
obligation to provide any further Services pursuant to this Agreement as are affected by the
termination, upon written notification by the City to the Artist.
C. The Artist may terminate this Agreement upon seven (7) business days
advance written notice, in the event the City materially breaches this Agreement.
D. Such termination shall not limit, waive, or extinguish any right or remedy
provided by this Agreement or law that either party may have in the event that the obligations,
terms and conditions set forth in this Agreement are breached by the other party.
SECTION 9. CONFLICT OF INTEREST
The Artist covenants that no officer, employee, or agent of the City or Art Consultant
who exercises any functions or responsibilities in connection with the planning and
implementation of the Project shall have any personal financial interest, direct or indirect, in this
Agreement. The Artist shall take appropriate steps to assure compliance with this provision.
Violation of this Section 9 shall constitute a material breach of this Agreement, in which case,
the City may terminate the Agreement and pursue any other right or remedy provided in this
Agreement or under law.
SECTION 10. RECYCLED PRODUCT PROCUREMENT POLICY
The Artist shall use recycled paper for the production of printed and photocopied
documents related to the performance of Services and shall ensure, whenever practicable, the
cover page of each document printed on recycled paper bears an imprint identifying it as
recycled paper. The Artist shall use both sides of paper sheets for copying and printing and
shall use recycled/recyclable products wherever practicable in the fulfillment of this Agreement.
SECTION 11. CHANGES
A. Either party may request changes to this Agreement. Proposed changes that
are agreed upon by the parties shall be incorporated only by written amendments to this
Agreement approved by the City.
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B. The City may request that the Artist provide additional services beyond those
required in the Scope of Services. If performance of any additional services requested by the
City cause the Artist to perform extra work or incur additional expense not contemplated by the
Scope of Services, the City shall pay the Artist for performance of such services in an agreed
amount in addition to the agreed upon fee pursuant to this Agreement.
C. The fee paid to the Artist for such additional services shall be determined and
agreed to by the parties before the Artist's performance of any such additional services. Such
additional services shall be documented in a written amendment.
SECTION 12. LAW
The Artist in the performance of the Services, shall comply with all applicable Federal,
State, and local laws and ordinances, including but not limited to 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 Artist specifically agrees to pay any applicable business and occupation (B&O) taxes which
may be due on account of the Agreement. This Agreement shall be governed by the laws of
the State of Washington. Any claim or dispute between the parties under this Agreement or
related to this Agreement shall be determined by arbitration in Seattle, Washington under the
American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited
Procedures in effect on the date hereof, as modified by this Agreement, but the arbitration shall
not be administered by the AAA. There shall be one neutral arbitrator, who shall be a neutral
retired Federal or State judge (e.g., JAMS) selected by the parties as follows: each party shall
submit a list of three proposed neutral arbitrators within ten (10) days of the arbitration demand,
and if the parties do not agree to an arbitrator within five (5) days thereafter, then within three (3)
days the responding party shall select the arbitrator from the list previously provided by the
demanding party. If a party fails to comply timely in good faith with the selection process, any
party may petition the presiding judge of the King County Superior Court to appoint the arbitrator.
Any issue about whether a claim is covered by this Agreement or regarding the validity of the
arbitrator's selection shall be determined by the arbitrator. At the request of either party made
not later than thirty (30) days after the arbitration demand, the parties agree to submit the dispute
to nonbinding mediation which shall not delay the arbitration date. There shall be no substantive
motions or discovery, except the arbitrator shall authorize such discovery and enter such
prehearing orders as may be appropriate to ensure a fair private hearing which shall be held
within sixty (60) days of the demand, and concluded within two (2) days. These time limits are
not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or
any other remedy available from a judge and shall award attorneys' fees and costs to the
substantially prevailing party, but shall not have the power to award punitive damages.
SECTION 13. MISCELLANEOUS
The parties agree that this Agreement is the complete and final expression of the terms
hereto and any oral representations or understandings not incorporated herein are excluded.
The Artist warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Artist, to solicit or secure this Agreement, and that
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it has not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the Artist, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award 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.
Both parties recognize that time is of the essence in the performance of the provisions of this
Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver
of any other or subsequent breach and shall not be construed to be a modification of the terms
of the Agreement unless stated to be such through written approval by the City, which shall be
attached to the original Agreement. The validity, interpretation and construction of the
Agreement, and all other matters related to this Agreement, shall be governed by and
interpreted in accordance with the laws of the State of Washington without giving effect to
conflicts of law principles. The following provisions will survive termination or expiration of this
Agreement: Sections 4, 6, 7, 8, and 12. The invalidity in whole or in part of any provision of this
Agreement shall not affect the validity of other provisions. This Agreement may be executed
in two or more counterparts, each of which shall be deemed to be an original, but all of which
together shall be considered one and the same agreement.
(Signatures on the following page)
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City of Edmonds:
By: Parks, Recreation & Cultural Services
Director
Signature
Name, Title
Date
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ARTIST:
Signature
Name (Please Print)
Date
Federal Taxpayer ID # (last 4 digits)
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SCOPE OF SERVICES
Exhibit A
AGREEMENT FOR ARTISTIC SERVICES
This Scope of Services (the "Services") is an exhibit to the Agreement for Artistic Services dated
(collectively, the "Agreement") between Clark Wiegman. dba Artifacture LLC
(the "Artist") and the City of Edmonds ("the City").
The parties agree that the Artist shall perform Services as part of the Edmonds Civic Park development
project (the "Project") for one or both of the 6th Avenue North entry plaza locations ("Sites") as described
in this Scope of Services.
The Artist has been selected by the City in accordance with established policies and procedures based
upon their creative skills and abilities. Capitalized terms used but not defined in this Scope of Services
shall have the meaning given to such terms in the Agreement for Artistic Services.
The Artist agrees that an essential element of this Agreement is the skill and creativity of Clark
Wiegman therefore; the Artist shall not assign the creative or artistic portions of the work to another party
without the consent of the City.
Overview
The intent of the Agreement is for the Artist to engage in: (1) research, community outreach activities,
and conceptual design development in cooperation with the Project design team, City staff and
community representatives; (2) schematic level design development; and (3) final artwork design that is
recommended by the City Arts Commission, and approved by the City Council.
The Services described below, broken out into separate tasks, and their accompanying deadlines are
based on information available at the beginning of the conceptual development process. The milestones
and deadlines may shift as the Services evolve or the Project schedule shifts. The Artist will be expected
to coordinate the design development process and the transition from concept development into final
design with the City Arts and Culture Manager, City Project Manager, and members of the Project design
team designated by the City.
Section 1. Project Background
Civic Park is an eight -acre park in the heart of downtown Edmonds that straddles the boundary between
residences, civic amenities and the downtown commercial district. It is located within the recently
designated State Certified Edmonds Creative District. The site is a former school district track and field
that has been used for community recreation for over 50 years. Recently acquired by the City, an
extensive public master planning process was implemented to design an aesthetic and more inclusive
downtown park. The planned development of Civic Park in 2020-22 embraces this downtown park's
potential to contribute to a sense of community identity and civic pride while promoting active, healthy
lifestyles, energizing the local economy, and bolstering the City's growing reputation as a destination on
Puget Sound.
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During the Project planning and pre -construction phase, two prominent locations in the 6t" Avenue North
entry plaza were designated as possible locations for the artwork. There is no expectation that the Artist
address both locations. The artwork is intended to serve as a welcoming feature to this primary entry
point into the park.
The Project is currently under construction, therefore; it will be important for the Artist to work closely
with the City's Project Manager to determine what changes, additions and supports are feasible given
the contractor's scope and schedule and the overall Project budget, resources and anticipated
completion.
Section 2. Artwork Design and Approvals
Task A: Research and Preliminary Conceptual Development
Task Schedule: October 27, 2021 to December 31, 2022
The Artist will visit the Project site to identify important aspects of the built or cultural
environment. The Artist will take necessary steps to ensure a good working understanding of the
Project's scope, impacts, context and constituents, and the characteristics of the Project and the
designated art Sites.
2. The Artist will attend a Project design kick-off meeting scheduled by the City to review the Project
design development, construction work completed to date, specific configuration and
construction parameters of the Sites, and Project schedule and milestones. Following that initial
review, the Artist will meet as necessary with the Project design team and/or City Project staff to
gather information, share ideas, and identify themes or concepts for the artwork.
3. The City places a high priority on community engagement and outreach. The Artist will be
expected to create meaningful opportunities for members of the public and specific constituency
groups to engage with the Artist and provide input into the Artist's conceptual proposal
development. City staff will work with the Artist to help identify relevant constituent groups, but
at a minimum, the Artist will engage with the Youth Commission, Diversity Commission, Civic
Park advisory committee representatives and community/residents groups.
4. The Artist will conduct independent research as necessary to develop concepts and
opportunities for the artwork; and the Artist will discuss these concepts with the City Arts &
Culture Manager, Project Manager and the Project design team. The Artist will work to consider
and respond to concerns about materials, conceptual approach and functional requirements, as
well as construction parameters for elements of the artwork. During the discussion of preliminary
ideas and concepts, it will be important for the Artist to consider functional and structural aspects
of the Sites and a realistic budget for the artwork elements.
5. Final locations and directions for the artwork conceptual proposal will be agreed upon by the
City before the Artist proceeds to Task B. During this analysis, the City will expect the Artist to
share information, comments and feedback received during the community engagement
activities described in Paragraph 3 above.
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Task B: Conceptual Proposal Development, Presentation and Approval Process
Task Deadlines:
Conceptual Proposal Due: Friday, February 4, 2022
Public Meeting to Present Concept: Thursday, February 10, 2022
Edmonds Arts Commission Concept Review: Monday March 7, 2022
Public Hearing & Approval of concept by City Council: March 2022
The City engages in a multi -step process to review and approve the Artist's conceptual proposal in
order to ensure transparency and community engagement in the artwork development. The various
review steps and entities, as well as the Artist's expected involvement and schedule for deliverables,
are described in this Task B section.
2. The Artist shall prepare a complete and detailed conceptual proposal that shall, at a minimum,
include the following:
a) Detailed design drawing(s) or model of the proposed artwork, clearly indicating the
scale and placement of the artwork within the Project.
b) A written description that explains the Artist's intention for the work and how it reflects
the City context and constituents.
c) Description of proposed materials and finishes, along with a description of their
appropriateness for use in the park project environment and anticipated maintenance
needs.
d) A preliminary artwork implementation budget of $72,000 which includes payment of all
applicable state and federal taxes such as Washington State Sales/Use Tax (10.4%);
Artist's compensation; costs of all labor and materials required to produce the artwork;
costs of transportation and installation of the artwork; costs of required insurance; and
a minimum 10% contingency. This Agreement does not authorize implementation of
the artwork proposal, which will be addressed in a separate agreement.
3. The conceptual proposal materials described in Paragraph 2 above shall be completed and submitted
to the City's Arts & Culture Manager no later than Friday, February 4, 2022.
4. In addition to the materials described in Paragraph 2 above, the Artist shall be prepared to discuss
preliminary designs and intentions for lighting, foundation placement, and artwork infrastructure with
the City Project Manager. Since the Project is already under construction, the Artist will use good
faith efforts to identify changes to the existing Project design and infrastructure needs as soon as
possible.
5. The Artist will attend a public presentation organized by the City on Thursday, February 10, 2022
to present the conceptual proposal for approval. The meeting may be virtual in order to comply
with COVID safety protocols.
6. Following the public presentation, the conceptual proposal will be presented to the Edmonds Arts
Commission for approval on March 7, 2022. The Artist does not need to present for this meeting, but
may be asked to provide additional information based on comments from the public.
Packet Pg. 43
2.2.c
7. The Artist will respond to any feedback received from the City Arts Commission and the public
and prepare a final presentation for the City Council. The City Council hearing will be scheduled
for March 2022. The Artist is expected to be present for the hearing; however, the meeting may
be virtual in order to comply with COVI D safety protocols. If the conceptual proposal is approved
by the City Council, the Artist will proceed to the next phase of design development described in
Task C. If the conceptual proposal is not approved, the Artist will consider the reasons the
concept was not approved, and produce a new or modified conceptual proposal.
Task C: Final Design Development
Task Deadline: May 2022
1. The Artist will address any City feedback regarding the aesthetics, context and long-term
maintenance of the artwork, and its formal and technical integration into the Project site.
2. The Artist will collaborate with the City Project Manager and Project design team to integrate
their final design into the Project and to provide the information necessary for inclusion of art -
related support into the construction schedule and scope.
3. Final Design Submittal shall include: material specification sheets as needed, construction
documents prepared by the Artist showing attachment, fabrication and construction details;
estimated weight loads; signed and stamped engineering review, documentation and
calculations as required for Artwork elements; a written schedule for fabrication and installation;
a written plan that documents the on -site installation of the artwork, including anticipated
timeline, access and equipment; and a detailed, final implementation budget outlining costs for
the artwork elements to be fabricated and installed by the Artist, and cost estimates from any
additional fabricators and manufacturers.
4. An engineering review is required for artwork elements fabricated and installed by the Artist. The
Artist will be responsible for securing independent engineering review and paying for the review.
The Artist will modify the design and/or construction of the artwork based on an engineer's
recommendations if necessary. The Artist shall submit copies of all stamped engineering
reviews. Engineer must be licensed in the State of Washington. The Artist will also be
responsible for providing design and engineering information and documentation to the City for
review by the engineer of record for the Project.
5. The Artist will submit a written schedule that documents all aspects of the artwork's fabrication
and installation with deadlines for completing each milestone.
Task D: Final Review and Approvals
Task Deadline: May 2022
Final Design submittal is subject to review by the City. During this review process, the Artist will
respond to requests for information, clarification, or additional documentation within reason.
Packet Pg. 44
2.2.c
Section 3. General Guidelines for Artwork Design Development
1. The design must be of a durable nature and the Artist must consider issues of maintenance and
public safety, durability and longevity when designing the artwork and recommending materials.
2. The Artist will research and assist in the preparation of cost estimates working closely with the
City. The Artist will be prepared to modify the artwork or seek alternatives in order to realize the
artwork and the Project support costs within the established implementation budget(s).
3. The City reserves the right to reject the artwork conceptual proposal and not to proceed to the
subsequent phases of this Agreement for any reason.
4. The proposed artwork shall be of a quality comparable to the Artist's past work; in the event that
the artwork conceptual proposal is implemented, the Artist will be expected to guarantee
materials and workmanship for one year with the intention that the artwork will endure for many
years to come.
5. All original renderings and models will remain the property of the Artist. The City will retain copies
of the proposal materials for the purposes of public information and display. The City reserves
the right to reproduce and exhibit proposal materials of the Artist at its discretion as provided in
the Agreement.
6. Acceptance of a conceptual proposal by the City will include specific conditions that need to be
resolved as part of an implementation contract.
Section 4. Artwork Proposal Development and Approval Schedule
1. The following proposal development and approval schedule outlines dates and opportunities
for the Artist to research appropriate themes and concepts, present preliminary ideas, receive
feedback and gain necessary approvals for final design and future implementation.
2. The schedule is as follows, subject to change as the Project evolves:
a) Introduce the Artist at standing Project team meeting, design contract complete, community -
based research underway: November 2021
b) Conceptual proposal materials due: February 4, 2022
c) Presentation of concept to the public: February 10, 2022
d) Approval of concept by Edmonds Arts Commission: March 7, 2022
e) Public Hearing and approval of concept by City Council: March 2022
f) Design development and final design complete, foundations and lighting changes
finalized: March - May 2022
g) Project restroom building complete: July 2022
h) Project plaza paving complete: August 2022
i) Civic Park Project construction complete: December 2022
j) Artwork fabrication and installation complete: TBD based on approved concept, between
Nov 2022 — March 2023
Packet Pg. 45
2.2.c
SCOPE OF COMPENSATION
EXHIBIT B
AGREEMENT FOR ARTISTIC SERVICES
Section 1. Compensation
The Artist shall be paid an aggregate amount of $18,000 for completion of all Services
described in this Agreement. This amount includes documentation costs and payment of any
applicable taxes, including Washington State Sales Tax. Invoices from the Artist must include
an itemized breakdown of the activities included in the billing.
2. Payment schedule for the Scope of Services shall be as follows:
Task A. $ 5,000 Payment will be made to Artist upon activation of the
Agreement and attendance at kick-off meeting to support
completion of Task A as defined in Exhibit A
Task B. $ 8,000 Payment will be made to Artist upon presentation and
acceptance of the conceptual proposal by the City pursuant to
Task B as defined in Exhibit A
Task C. $ 4,000 Payment will be made to Artist as invoiced to support
completion of final design and documentation
Task D. $ 1,000 Payment will be made to Artist upon submittal of final design
documents and approval by the City pursuant to Task D as
defined in Exhibit A
3. All invoices for completed Services must be clearly submitted to:
Frances Chapin, Arts & Culture Manager
700 Main Street, Edmonds WA 90820
4. The Artist will submit the final invoice and other documents as are required by the Agreement
within thirty (30) days after completion of the Scope of Services.
Packet Pg. 46
2.2.d
COVER LETTER: Clark Wiegman
The opportunity to create a signature artwork for Edmonds new Civic Park is an exciting
prospect. A number of aspects immediately draw me to this project: the Creative District context
and park setting, the opportunity for luminosity and/or kinetics, and the potential intrinsic
meaning of the artwork and its ongoing relationship to the community all resonate with prior
work. Over the years I've collaborated closely with architects, engineers, landscape architects
and urban planners to develop large-scale installations utilizing color, light, pattern, texture and
form that speak to a deeply resonant sense of place.
Relevant previous projects include an environmental stonework for a park project in Tacoma; a
sound plaza for Wallingford Steps; an exercise trail for a Kent park and fitness facility; a plaza
development with lighting for Minneapolis; an interactive soundwork for a light rail station; a
totemic sculpture for an Albuquerque fire station; a plaza entry light grove for a live/work
development in Vancouver, BC; an environmental landscape and clock tower created for Sound
Transit; and the world's only permanent homeless memorial located near Seattle's
internationally -renowned Pike Place Market. Each of these projects Illustrate different facets of
my approach that could be a useful font for exploration.
Initial thoughts about an approach to this project involve an approach to either proposed site. For
the sculptural feature I could envision a series of forms that might invite tactile interaction and/or
informal seating. Whereas the suspension elicits thoughts of some kind of solar and/or rain -
activated soundwork combined with a sculptural cistern or suspended element. These are just
off-the-cuff ideas that could be developed during research and design, depending upon interest. I
hope you'll offer me an interview opportunity to begin that process.
My work dwells in the realm of metamorphology. This conceptual and material discourse
explores the way culture frames nature as lived experience. Each project responds to situational
variables with anomalous beauty that maps the challenges of transformation.
Over the past 30 years I've worked on a variety of projects scattered throughout North America
and Europe. Large scale projects at parks, libraries, plazas, arenas, airports, streetscapes, transit
and community centers have involved a number of different roles. These include master planning
where I've developed situations for other artists, sited works conceived as an elemental
counterpoint and art environments comprised of paving, glazing, lighting, seating and
landscaping.
My practice focuses on collaborative placemaking with project teams that often include other
design professionals. Through innovative program solutions, excellent communication skills and
efficient use of resources, I deliver the highest level of concept and craft without burdening an
established budget or schedule. These skills allow me to work effectively with diverse
stakeholder groups to create unique multi -faceted environments.
I thoroughly enjoy the process of making public art —from background research to final
installation. There's a satisfying challenge in placemaking and the interdisciplinary problem -
solving required.
In short, it's work with a pulse.
Clark Wiegman
Packet Pg. 47
2.2.d
clark wiegman
1214 NW 121 st Street
Seattle,Washington 98177
206.669.6082
clark(c)artifacture.org
http://www.artifacture.org
selected commissions
stations2020. Morrill Meadows Park (Kent,WA). Parcourse trail. $115,000+.
flow2018. OakTree Park and Water Flume Trail (Tacoma,WA). Environmental artwork. $95,000+.
circle & square 2016. Canto & Brewers Hill Stations (Baltimore, MD). $385,000+. Red Line cancelled.
earthgrove 2015. SOLO District (Burnaby, BC). Environmental artwork. $200,000+.
hydra 2014. Fire Station #7 (Albuquerque, NM). Beacon sculpture. $72,000+.
luminous 2013. Oaks Station Place (Minneapolis, MN). Plaza & lighting. $185,000+.
tree of life 2012. Homeless Remembrance Project (Seattle). Plaza & embedments. $205,000+.
blue train 2010. Vandeventer Bridge (St Louis, MO). Illumination. $54,000.
soundings 2009. South 154th Street Plaza (Tukwila,WA). Illuminated soundwork. $195,000+.
pod 2008. Winslow Waterfront Park (Winslow,WA). Sculptural hearth. $52,000.
vita rota 2007. Woodland Park Zoo (Seattle,WA). Master plan. $110,000+.
wingfern 2006. SeaTac International Airport (SeaTac,WA). Illuminated friezes. $265,000+.
tree 2006. Federal WayTransit Center (Federal Way,WA). Environmental artwork. $200,000+.
ole' 2005. Rosegarden Branch Library (San Jose, CA). Suspension & bas relief. $120,000.
departure 2004. WMATA Branch Ave Station (Washington, D.C.). Suspension. $100,000.
pond 2003. Wallingford Steps (Seattle,WA). Master plan & plaza artwork. $115,000+.
illuminata 2002. Western Connecticut State University (Danbury, CT). Suspension. $85,000.
stream2001. Tacoma Solid Waste Utility (Tacoma,WA). Masterplan, landmarks& lighting. $85,000+.
la gruta 2001. Mission Trails (San Antonio,TX). Wayfinder and environs. $125,000+.
vista 2000. Seattle Transportation (Seattle). Illuminated landmarks, planters & landscaping. $60,000+
story 2000. Downtown Pedestrian Mall (Iowa City, IA). Illuminated sculpture. $45,000.
roots & branches 1999. Experience Music Project (Seattle). Consultant. $500,000+.
cornucopia 1998. Oregon Agriculture Building (Salem, OR). Suspension and medallion. $50,000.
spirit boat 1997.West Hill Community Center (Renton,WA). Entry plaza. $62,000+.
hydraulisl 995. KeyArena (Seattle). Interactive water, lightand soundwork. $155,000+.
harvest 1995. Government Station (Hillsboro, OR). Environmental artwork. $100,000+.
rainforest 1994. Olympia Transit Center (Olympia,WA). Environmental artwork. $107,000+.
greenhouse 1994. Cedar Falls Recycling Center (North Bend,WA). Artfence. $45,000.
rigs1993. Washington State Convention Center & Seattle Public Library (Seattle). Kiosks. $20,000.
airways 1991. North SeaTac Park (SeaTac,WA). Master plan. $120,000.
key grove, 1990. Franklin High School (Seattle). Landmark & plaza. $28,000+.
selected exhibitions, installations £t performances
meander Henry Cowell Redwoods State Park, Felton, California. 2019
smoke signals Nimbus, Ashland, Oregon. 2018
cojones INCA, Seattle,Washington. 2017
molten Gingerbread, Nuevo Arenal, Costa Rica. 2016
breathe Stanley Park,Vancouver, BC. 2015
paradox Canyonlands, Utah. 2014
bakken crude Theodore Roosevelt Center, Dickinson, North Dakota. 2013
ethereal Houston Hospice, Houston,Texas. 2012.
desert rat Arcosanti, Arizona. 2011.
road Rural Studio, Greensboro, Alabama. 2009.
meltdown New York Stock Exchange, New York, New York. 2008.
well Portland Art Center, Portland, Oregon. 2007.
recodings Bachelors Walk, Dublin, Ireland. 2005.
Packet Pg. 48
2.2.d
elemental designs MG Gallery, Chicago, Illinois. 2004.
lacustrine Green Lake Park, Seattle,Washington. 2002.
net loss Royal Caribbean International, Miami, Florida. 2001.
core samples Point Defiance Park,Tacoma,Washington. 2000.
the view from here SeaFirst Gallery, Seattle & Fujinomiya, Japan. 1999.
mechanique Galerie Modus, Paris, France. 1996.
recycler DaVinci Gallery, Los Angeles, California. 1995.
musical variations Port Angeles Fine Arts Center, Port Angeles,Washington. 1994.
tired empire Bumbershoot Arts Festival, Seattle,Washington. 1992.
come to your senses Bellevue Art Museum, Bellevue,Washington. 1991.
cognitive landscapes The Drawing Center, NewYork, NewYork. 1990.
selected awards Et rosters
City of El Paso Pre -Qualified Artists List, 2016-20
Public Art San Antonio Artist Roster, 2012-20
Oregon PublicArt Roster, 2011-20
Seattle Design Commission Design Excellence Award, 2017
International Award for Public Art semi-finalist, 2014
NewYork City Department of Cultural Affairs, Percent forArt Registry, 2006-14
UrbanArts Artist Registry, Boston, MA 2006-13
Miami -Dade Art in Public Places Artist Registry, Miami, FL 2005-08
City of Atlanta Cultural Affairs, PublicArt Roster,Atlanta, GA 1997-2012
PublicArt Network Year -in -Review, NewYork, NY 2001
San Jose Public Art Roster, San Jose, CA 2001-08
Phoenix Arts Commission National Public Art Roster, 2000-04
American Institute of Architects Design Excellence Award, Seattle,WA 1998
Bi-State DevelopmentAgency, Arts in Transit Roster, St. Louis, MO 1997-2012
Washington StateArts Commission,Artist-in-Residence & PublicArt Rosters, Olympia,WA 1988-2020
King County Arts Commission/4culture AMBP/Sited Works Rosters, Seattle,WA 1995-2006
Community Transit Design Award,Washington, DC 1994
National Endowment for the Arts public art grant,Washington, D.C. 1990
selected reviews 8t publications
For the Birds, Tacoma News Tribune, June 16, 2018
Wild Columns, Vancouver Sun, August 6, 2016
Seeds of Creativity Sprout at Oak Station Place, Minneapolis StarTribune, October 4, 2014
Life and Remembrance, Arcade, Issue 32.2, Fall 2014
The New Art of Mourning, Public Art Review, Issue #48, Spring -Summer 2013
How Homeless Remembrance Finally Found a Seattle Home, Crosscut, June 21, 2012
Artwork "blue train" Completes Streetscape at the New Vandeventer Bridge, Nextstop, May 26, 2011
Commissions in Brief, Sculpture, September 2010
Sound Transit Light Rail's Public Art Makes a Big Splash, The Seattle Times, July 12, 2009
Art Matters, Arcade,Winter 2006
A Rose is More Than a Rose, Silicon Valley News, September 12, 2003
Creation Reflects What's Found Inside library, The News -Times, August 7, 2002
The Mountain as Muse, The New York Times, December 23, 1998
Mission Trails Artists Show Plans, San Antonio Express News, June 24, 1998
Accessing Public Art, American Craft, October -November 1994
Artists put Public back into Public Art,The Olympian, December 3, 1993
education
Macalester College, Saint Paul, Minnesota, B.A., history and art, cum laude, honors.
Packet Pg. 49
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clark(oartifacture.org
www.artifacture.org
CHRONOLOG
2006. Flexface, clock & lighting systems, powdercoated steel, stainless steel, stained glass,
concrete, plantings. 48,000 sf. Sound Transit for Federal Way Transit Center. Hewitt
Architects, Murase LA,TubeArt, Duke Grenier. As a meditation on nature and civilization,
chronolog invites the transitfacility userto considertime as forms of measurement, climate
history and local iconography. Artwork is comprised of four elements including chronolog
clock tower, shadowslice mosaic pavers, axgrove sculptural landscape and seedleaves
suspensions. Project set tone for subsequent mixed -use senior center development and
refers to Federal Way's logging history. $200,000 + infrastructure.
SHIPSTERNS
2013. Aluminum, stainless steel, lighting. 600 to 1200 gallon capacity. Series of sculptural
cisterns based on unfolding origami patterns for Soundhouse Studios. Collects rainwater
from rooftop for distribution to adjacent swales, organic gardens and landscape. $21,000.
POND
2003. Stained glass, concrete, stainless steel, plantings. 650 sf. 450,000 hand -set glass pieces.
Benson Shaw and Peter KerWalker, LA. Broken glass mosaic plaza provides centerpiece for
Wallingford Steps, anew entry to internationally -renowned Gas Works Park. Over400
stainless steel waterjet cutouts based on childrens' drawings are embedded in mosaic pavers
arranged in green-blue/land-water transition signifying the transition from neighborhood
terrain to nearby Lake Union. Piece reads alternately as ripples or orbs, a huge drop of water,
a microscopic image, a mirror sky with constellations, earth/ocean with flora, fauna & fossils,
blending scales within a soundstage. $115,000 + infrastructure.
SOUNDINGS
2009. Stainless steel, acrylic, lighting, sound systems. 28'x 26' x 14'. Commissioned by Sound
Transit forTukwila International Station. Hewitt Architects, KPFF & Rosewater, engineers.
Plaza sculptures play sonic duets with wind, water and field recordings. LED'lightriver'
tracing the course of the historic Duwamish Riverrunsthe length of fret board, providing
nighttime main entry landmark. Forms reference musical instruments, split hazelnuts and
divided worlds while providing an iconic curvilinear counterpoint to the expansive gridded
plaza and station. $195,000 + infrastructure.
HYDRA
2014. Aluminum, powdercoated aluminum, lighting. 30' x 7' x 7'. Sculptural landmark for Fire
Station 7,Albuquerque, New Mexico. Levi Stoll, Heads Up,American Powdercoating, Randall
Structural Engineering. Oversized hydrant spouts a geyser comprised of fins that trace the
course of a nearby section of the Rio Grande bisected by historic Route 66. $72,000 +
infrastructure.
TREE OF LIFE
2012. Tempered glass, stainless steel, bronze, lighting, plantings, trees. 2400 sf. Hartung Glass,
Karen Kiest LA. Seattle's historic Pike Place Market and adjacent Victor Steinbrueck Park
provide the setting for the world's only permanently -sited homeless memorial. Designed as a
partnership with the homeless community and five City departments, project provides a
gathering place within a park noted for its viewpoints and hospitality to all citizens. The'tree'
is a focal pointwith missing commemorative'leaves of remembrance' scattered on sidewalks
throughout the city. Two websites at www.homelessremembrance.org and
www.fallenleaves.org provide additional information about the project and those
commemorated. $205,000 +infrastructure.
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LUMINOUS
2013. Patinated & polished stainless steel, lighting, acrylic. 4800 sf. Commissioned by City of
Minneapolis & Oaks Properties. Kaas Wilson Architects, Levi Stoll, Chris Krumm. Illuminated
environmental artwork for transit -oriented developmentat Oaks Station Place includes
`monument grove' entry landmark, `disclights' plaza lighting and a sculptural `monitor'
bathysphere. Luminous boreal is-like`reed-stalks'referencenearbywetlandsand granaries
while the sculpture pays homage the neighborhood's namesake, inventorJohn Ericsson.
Glowing microbes based on samplestaken from nearby Minnehaha creekareviewed through
sculpture's portholes. More information may be found at www.luminousness.net $185,000
+ infrastructure.
STATIONS
2019. Powdercoatedsteel, landscaping. 5elements ranging from 7'x5'x2'to9'xTx20'
Sculptural elements and landscaping for City of Kent Cultural Programs. Exercise trail with
iconic interactive sculptural elements for Morrill Meadows Park offer a whimsically -
meaningful full body workout. $115,000 + infrastructure.
EARTHGROVE
2015. Weathering steel, lighting. Elements range from 2' x 12' to 2' x 20'. Commissioned by
Appia Developments for Solo District. Sharp & Diamond LA. Artwork is comprised of two
clusters of `totem timbers' incised with regional endangered flora and fauna for a live -work
development in downtown Burnaby, BC. Corresponding website at www.earthqrove.net
provides a keyto deciphering imagery and background on environmental issues. $200,000 +
infrastructure.
FLUMEFLOW
2018. Igneous river rock, plants, vinyl graphics, cedar, paint. Environmental artwork at Oak
Tree Park and Water Flume Line Trail forTacoma Office of Arts and Cultural Vitality.
Marenakos, Signarama, MtTahoma High School,Albert Styers, habitat steward & Jennifer
Chushcoff, photography. Fourelements (free/fly/flow/flume)form a poetic material meander
through a neighborhood park and trail system. Projects include a new meadow, iconic
stonework with plantings, habitat restoration with artistic birdhouses forWestern Bluebirds
and a refurbished New Deal era Art DecoWPApump station. Background on project
development maybe found atwww.waterflume.blogspot.com $95,000+landscaping.
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2.3
City Council Agenda Item
Meeting Date: 10/12/2021
Supplemental Agreement with HBB for Hwy 99 Revitalization & Gateway Project
Staff Lead: Rob English
Department: Engineering
Preparer: Sydney Hall
Background/History
On March 2, 2021, the City Council approved the Agreement with HBB for the design of the Gateway
Signs.
Staff Recommendation
Forward item to the consent agenda for approval at the October 19th City Council meeting.
Narrative
The current contract expires on December 31, 2021. The Supplemental Agreement will extend the
completion date to December 31, 2022 in order to complete the Design of the Gateway Signs. Another
supplemental agreement will follow at a later date to account for Construction Support Services
(scheduled for 2022).
Attachments:
Attachment 1 - Supplemental Agreement
Packet Pg. 61
2.3.a
AM
Washington State
To Department of Transportation
Supplemental Agreement
Organization and Address
Number 01
Hough Beck & Baird Inc.
2101 4th Avenue, Suite 1800
Original Agreement Number
Seattle, WA 98121
Phone: 206-682-3051
Project Number
Execution Date
Completion Date
HLP-CNWA(013)
March 4, 2021
December 31, 2022
Project Title
New Maximum Amount Payable
Highway 99 Gateway Signs Project
$133,232.30
Description of Work
NO CHANGE
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with Hough Beck & Baird Inc.
and executed on March 03, 2021 and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: extend completion date to 12/31/2022
III
Section V, PAYMENT, shall be amended as follows:
No change.
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Hough Beck and Baird, Inc.
Vvv
Consultant Signature
By: City of Edmonds
Approving Authority Signature
DOT Form 140-063
Revised 09/2005
Packet Pg. 62
2.4
City Council Agenda Item
Meeting Date: 10/12/2021
Supplemental Agreement with SCJ Alliance for the Highway 99 Revitalization & Gateway Project
Staff Lead: Rob English
Department: Engineering
Preparer: Sydney Hall
Background/History
On September 9, 2017, City Council approved Local Agency Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On December 17, 2019, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On July 21, 2020, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
Staff Recommendation
Forward item to the consent agenda for approval at the October 19th City Council meeting.
Narrative
The current contract with SCJ expires on December 31, 2021. The Supplemental Agreement will extend
the completion date to December 31, 2022 to allow for completion of the Design Phase. Another
Supplemental Agreement will be completed at a later date for construction support services (scheduled
for 2022).
Attachments:
Attachment 1- SCJ Supplemental Agreement
Packet Pg. 63
2.4.a
Am
MWashington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number 4
Shea, Carr, & Jewell, Inc.
8730 Tallon Lane NE, Suite 200
Original Agreement Number
Lacey, WA 98516
Phone: 360-352-1465
Project Number
Execution Date
Completion Date
HLP-CN W A(13)
9/ 13/2017
12/31 /2022
Project Title
New Maximum Amount Payable
Highway 99 Gateway/Revitalization Project
No Change ($1,493,765 Maximum Amount Payable)
Description of Work
No change in scope of work. Extend the completion date to 12/31/2022.
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with. Shea, Carr, & Jewell. Inc.
and executed on -Se_tp ember 13-. LEE— and identified as Agreement No.. —
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change in scope.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: Com letion date to extend to December 31 2022.
III
Section V, PAYMENT, shall be amended as follows:
No change - Maximum Amount Payable $1,493,765.00
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
Consultant Signature
r
By:
Approving Authority Signature
DOT Form 140-063
Revised 09/2005
Date
Packet Pg. 64
2.5
City Council Agenda Item
Meeting Date: 10/12/2021
Supplemental Agreement with KPG for Design Services on the Citywide Pedestrian Crossing
Enhancements
Staff Lead: Rob English
Department: Engineering
Preparer: Sydney Hall
Background/History
On May 15, 2018, Council approved a Local Agency Agreement with KPG for the Citywide Pedestrian
Crossing Enhancements.
On November 19, 2019, Council authorized the Mayor to sign a Supplemental Agreement with KPG.
On November 17, 2020, Council authorized the Mayor to sign a Supplemental Agreement with KPG.
Staff Recommendation
Forward item to the consent agenda for approval at the October 19th City Council meeting.
Narrative
The current contract with KPG expires on December 31, 2021. The Supplement Agreement will extend
the completion date to June 30, 2022.
Attachments:
Attachment 1: Supplemental Agreement #4
Packet Pg. 65
2.5.a
Adw
Washington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number #4
KPG, P.S.
3131 Elliot Ave. Suite 400
Seattle, WA 98121
Original Agreement Number
Phone: 206-286-1640
Project Number
Execution Date
Completion Date
Fed Aid Number 0365(013) KPG PN 17099
5.21.2018
June 30, 2022
Project Title
New Maximum Amount Payable
Citywide Crossing Enhancements
$387,251.63 (no change)
Description of Work
Contract Extension to June 30, 2022
The Local Agency of City of Edmonds.
desires to supplement the agreement entered in to with KPG, P
and executed on 5.21.2018 and identified as Agreement No
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: Tune 30, 2022
III
Section V, PAYMENT, shall be amended as follows:
No change
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Nandez Miller By:
WIS.-
ConVultant Signature
Approving Authority Signature
DOT Form 140-063
Revised 09/2005 Packet Pg. 66
2.6
City Council Agenda Item
Meeting Date: 10/12/2021
Supplemental Agreement with KPG for Construction Management Services on the Citywide Pedestrian
Crossing Enhancements Project
Staff Lead: Rob English
Department: Engineering
Preparer: Sydney Hall
Background/History
On November 17, 2020, City Council approved the Local Agency Agreement with KPG to provide
construction management services for the Citywide Pedestrian Crossing Enhancements Project.
Staff Recommendation
Forward item to the consent agenda for approval at the October 19th City Council meeting.
Narrative
The current agreement expires on December 31, 2021. The Supplemental Agreement will extend the
completion date to June 30, 2022.
Attachments:
Attachment 1- Supplemental Agreement with KPG
Packet Pg. 67
2.6.a
Washington State
To Department of Transportation
Supplemental Agreement
Organization and Address
Number 1
KPG, P.S.
3131 Elliott Ave., Suite 400
Original Agreement Number
Seattle, WA 98121
Phone: 206-286-1640
Project Number
Execution Date
Completion Date
SRTS-365(013)
11/30/2020
6/30/2022
Project Title
New Maximum Amount Payable
Citywide Pedestrian Crossing Enhancements - CM Services
$112,063.53 (No Change)
Description of Work
This supplement is for a contract extension only. The project was placed in suspension due to a long lead time
for material procurement. The original scope of work remains unchanged.
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with KP0, Y.S.
and executed on 11/30/2020 and identified as Agreement No
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No Change
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: New Contract Completion Date 6/30/2022
III
Section V, PAYMENT, shall be amended as follows:
No Change
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Daniel Clark By:
Consultant Signature
Approving Authority Signature
DOT Form 140-063
Revised 09/2005
Packet Pg. 68
2.7
City Council Agenda Item
Meeting Date: 10/12/2021
Supplemental Agreement with KPG for 76th Ave. W @ 220th ST. SW Intersection Improvements project
Staff Lead: Rob English
Department: Engineering
Preparer: Sydney Hall
Background/History
On May 18, 2021, the Professional Services Agreement with KPG for the 76th Ave. W @ 220th St. SW
Intersection Improvements project was approved.
Staff Recommendation
Forward item to the consent agenda for approval at the October 19th City Council meeting.
Narrative
The initial Professional Services Agreement consists in the completion of the 15% Design. This
Supplement includes the extension of the completion date from December 31, 2021 to December 31,
2022. In addition, preliminary right-of-way services have been added to the scope of work to assist the
City with the initial right of way discussions with the property owners adjacent to the intersection. This
additional scope of work adds $5,448.80 to the total contract amount, for a new total contract amount
of $261,161.40.
Attachments:
Attachment 1- Supplemental Agreement
Packet Pg. 69
2.7.a
AM
Washington State
To Department of Transportation
Supplemental Agreement
Organization and Address
Number 1
KPG, P.S.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Original Agreement Number
Phone: 206.286.1640
Project Number
Execution Date
Completion Date
CM-9931(021)
5/24/21
12/31 /22
Project Title 76th Ave. W @ 220th SW Intersection
New Maximum Amount Payable
Project - Preliminary Design Analysis
$261,161.40
Description of Work
Adding RES Group Northwest to contract as subcontractor and adding preliminary ROW work.
Extension of completion date.
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with KPG, P.S.
and executed on 5-24-21 and identified as Agreement No
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
See RES Group Northwest scope for up to six property owner meetings and assessment.
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
Section V, PAYMENT, shall be amended as follows:
Add RES Group Northwest budget of $5,448.80 to Subconsultants for a new contract total of:
Original contract - $255,712.60 + $5,448.80 = $261,161.40
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Nandez Miller, PE By:
yyD
Consultant Signature
Approving Authority Signature
U)
DOT Form 140-063
Revised 09/2005
Packet Pg. 70
2.7.a
■ , Group Exhibit A
Northwest
Acquisition and Relocation Services �
October 4, 2021
SCOPE OF WORK AND COST ESTIMATE:
KPG, P.S. - City of Edmonds 76th Ave. W at 220th St. SW Intersection Improvement
PROJECT OVERVIEW AND SCOPE OF WORK
KPG, P.S., is the (PRIME) consultant with RES GROUP NW LLC (RESGNW) serving as a sub -consultant
on a project for City of Edmonds 76th Ave. W at 220th St. SW Intersection Improvement Project.
The project will improve and widen the intersection by installing a new traffic signal with protected
permissive left turn phases for all approaches through the additional eastbound and westbound left
turn lanes on 220th St. SW. Additional improvement include wider sidewalk, bike lanes within the
intersection, pavement, street lighting, signing, and striping, utility upgrades.
The project is currently funded with Federal funds. To ensure the City's ability to use this fund for this
project, all acquisition activities will follow Federal Highways Administration policies and procedures as
well as all applicable federal, state and local laws, including, but not limited to the Uniform Relocation
Assistance and Real Property Acquisition Police Act of 1970 and its amendments, 49CFR Part 24, and state
Revised Guidelines and by reference the WSDOT Right of Way Manual.
This is a limited Scope of Work to assist the City and (KPG) Project team on preliminary property owner
meetings related to public outreach (up to 6 separate property owners). Additionally, assessment of process
needed to obtain property rights needed to meet the requirements of WSDOT Certification.
Cost Estimate
Payment to RESGNW for its professional services is not dependent upon outcome, the amount or terms of
any agreement reached for the property, or on any contractual arrangement between the City and any third
party.
Prime agrees to compensate RESGNW for actual professional services rendered as follows: Our fees for
services are calculated based upon the applicable hourly rates for those professional who perform the work -
at -hand. The billing rate is $129.97 per hour for all tasks performed under this agreement. In addition,
necessary travel time and mileage will be billed at the current year's IRS standard mileage reimbursement
rate.
Senior Right of Way Agent 40 hours @ $129.97 per hour = S 5,198.80
ODC: Estimated Mileage and Postage Reimbursement $ 250.00
TOTAL ESTIMATED COST: $ 5,448.80
KPG, P.S.
RES GROUP NW, LLC
1913 6th Street, Kirkland, WA 98033 - 624 S Lander Street #202, Seattle, WA 98134 -
■ ph.206-457-5681 ■ www.resgnw.com
Packet Pg. 71
2.7.a
Actuals Not To Exceed Table (ANTE)
RES Group Northwest
1913 6th Street
Kirkland, WA 98033
Job Classifications
Direct
Labor Rate
NTE*
Overhead
NTE*
Fixed Fee
NTE
All Inclusive
Hourly Biling
Rate NTE
58.01%
29.00%
ROW Lead
$69.50
$40.32
$20.16
$129.97
SR Agent Acquistion Agent
$69.50
$40.32
$20.16
$129.97
Technician/Jr. Right of Way Agent
$28.90
$16.76
$8.38
$54.05
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Packet Pg. 72
2.7.a
AdElk
Washington State
w, Department of Transportation
June 20, 2021
RES Group NW, LLC
624 S Lander Street #202
Seattle, WA 98134
Development Division
Contract Services Office
PO Box 47408
Olympia, WA 98504-7408
7345 Linderson Way SW
Tumwater, WA 98501-6504
TTY:1-800-833-6388
www.wsdot.wa.gov
Subject: Acceptance FYE 2020 ICR — Audit Office Review
Dear Sonja Davis:
Transmitted herewith is the WSDOT Audit Office's memo of "Acceptance" of your
firm's FYE 2020 Indirect Cost Rate (ICR) of 58.01% of direct labor. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT. Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with your firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates(a-),wsdot.wa.2ov.
Re ards; r'
fz�
ERIK K. JONSON
Contract Services Manager
EKJ:ah
Packet Pg. 73