2022-12-12 City Council - Full PSPP Agenda-33271.
Op E D
o Agenda
Edmonds City Council
PARKS & PUBLIC WORKS - SPECIAL MEETING
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
DECEMBER 12, 2022, 12:00 PM
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COMMITTEE MEMBERS: NEIL TIBBOTT (CHAIR), DAVE TEITZEL, COUNCIL PRESIDENT (EX-OFFICIO
MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Civic Center Playfield Park - Walker Macy Contract Amendment (10 min)
2. Civic Park - Snohomish County REET Allocation ILA (10 min)
3. Presentation of Department of Ecology Agreement - 2021-2023 Biennial Stormwater Capacity
Grant (10 min)
4. Presentation of Professional Services Agreement with Blueline for 2023 Overlay Project (10 min)
5. Public Safety Parking Area Safety Barrier Project (10 min)
6. Sole source justification truck (10 min)
ADJOURNMENT: 1:00 PM
Edmonds City Council Agenda
December 12, 2022
Page 1
2.1
City Council Agenda Item
Meeting Date: 12/12/2022
Civic Center Playfield Park - Walker Macy Contract Amendment
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Background/History
Civic Center Playfield Park project is the renovation of an 8-acre park in downtown Edmonds and is
currently under construction. The park renovation started August 9, 2021 and is being installed by A-1
Landscaping and Construction with an estimated completion of spring 2023.
The Landscape Architecture Firm, Walker Macy, the project's Master Plan design firm, is the current
consultant managing the construction project. The original construction was estimated to be completed
later 2022, but with supply chain and labor issues, has delayed about 6 months. Due to several factors
listed below, the original contract needs to be amended to extend the end date by six months and
increase the agreement by $100,085 for a new contract total of $1,456,425.
The increases are related to four main items including -
1. Art Installation Review and Lighting Revisions: $19,368
2. Boys & Girls Club Footprint & Service Drive Revisions: $24,647
3. Restroom Building Updates: $32,070
4. Contract Extension through June 2023: $24,000
Total: $100,085
The increased amount is still within the project allocated expenditures so it does not require additional
spending authority, only a contract amendment. Due to the overall amount of the contract, however, it
does require Council consideration and approval.
The original contract with amendment #1 is attached as well as the proposed amendment #2.
Staff Recommendation
Staff recommends the Parks & Public Works Committee send to the Consent agenda of the next regular
council meeting attached the Walker Macy Professional Services Agreement Amendment #2 ending date
extension and increased contract amount of $100,085.
Narrative
In early 2016, after leasing for 40 years, the nearly 8-acre Civic Center Playfield property was acquired by
the City from the Edmonds School District for $1.9M with all but $400,000 funded by grants.
A year after acquisition in 2017, a Master Plan using a robust public process was adopted by Council
with the work of consulting firm of Walker Macy. The same firm was later approved by the Council to
complete the design development, permitting, bidding, and support during construction.
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2.1
In 2018, the City began applying for grants and in November of that year the Council adopted the Parks
Capital Improvement (CIP) and Capital Facilities (CFP) Plans identifying Civic Park as a project and it was
approved each year since. Also, in 2018, the 50-year old Grandstand was demolished. The next year,
2019, the Council issued the $3.7m bond to fund construction.
Park Design
The proposed park renovation project includes youth athletic fields, upgraded sports lighting,
permanent restrooms, shade pavilion, improved skate park, petanque court grove, a pollinator meadow,
tennis, pickleball and basketball courts, a 1/3-mile perimeter rubberized surface walking path, fully
inclusive playground, picnic areas, public art and more.
The existing Field House, leased to Boys & Girls Club of Snohomish County since 1962, will remain intact
as well as a designated area around it to enable the Boys & Girls Club to continue operations during and
after construction.
Attachments:
Amendment No. 2 to Walker Macy Professional Services Agreement 12.7.2022
CoE - WM PSA with Amendment No 1
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2.1.a
�``� City of Edmonds Mike Nelson
�` Mayor
700 MAIN STREET • EDMONDS, WA 98020 •425-771-0230
4PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT
��C_ 1$9�
AMENDMENT NO.2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR LANDSCAPE ARCHITECTURE CONSULTING SERVICES
FOR THE EDMONDS CIVIC CENTER PLAYFIELD PROJECT
Dated April 27, 2018
WHEREAS, the City of Edmonds, Washington (the "City") and Walker Macy (the
"Consultant"), entered into an underlying professional services agreement for the provision of
landscape architecture consulting services for the Edmonds Civic Center Playfield Project
("Project"), dated April 27, 2018 ("Underlying Agreement"); and
WHEREAS, the parties entered into Amendment No. 1 to the Underlying Agreement,
dated November 18, 2019 ("Amendment No. 1); and
WHEREAS, Section 12 of the Underlying Agreement provides that the City may engage
the Consultant to perform additional services when an amendment to the Underlying Agreement
is approved in writing by both parties; and
WHEREAS, the Underlying Agreement, as amended by Amendment No. 1, incorporates
a Scope of Services for the Project consultation work and a budget for that work; and
WHEREAS, the parties desire to further amend the Underlying Agreement to
incorporate an additional extension of the scope of services to be performed, as well as another
increase in the budget to cover this additional consultation work;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of April 27, 2018 between the City
and the Consultant for Project consultation services, as amended by Amendment No. 1, both of
which are attached hereto as Attachment A and incorporated herein by this reference as if fully
set forth, is further amended in, but only in, the following respects:
A. Section I ("Scope of work") — The Scope of Services attached hereto as
Exhibit A is in addition to and shall supplement the Scope of Services set forth in
Exhibit A to the Underlying Agreement, as amended by Exhibit A to Amendment
No. 1, and referenced in Section 1 ("Scope of Work").
B. Section 2 ("Payments") — The Fee Schedule incorporated into Exhibit A
is in addition to and shall supplement the Fee Schedule set forth in Exhibits A and
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Amendment No. 2 to Professional Services Agreement, Page 2
B of the Underlying Agreement, as amended by Amendment No. 1, and
referenced in Section 2 ("Payments). Subsection A of Section 2, as amended by
Amendment No. 1, shall be further amended to read as follows:
A. Payment for work accomplished under the terms of this Agreement
shall be on a time and expense basis as set forth in the Fee Schedule
set forth in Exhibits A and B, attached hereto and incorporated herein
by this reference, as amended; provided, in no event shall the
payment for work performed pursuant to this Agreement exceed the
sum of One Million Four Hundred Fifty -Six Thousand Four
Hundred Twenty Five Dollars ($1,456,425).
C. Section 4 ("Time of performance") — Section 4 of the Underlying
Agreement, as amended by Amendment No. 1, is hereby further amended to add a
category of work for 2023 to read as follows:
2023:
Civic Center Playfield:
Art Installation Review and Lighting Revisions: $19,368
2. Boys & Girls Club Footprint & Service Drive Revisions: $24,647
Restroom Building Updates: $32,070
4. Contract Extension through June 2023: $24,000
Total for 2023: $100,085
GRAND TOTAL: $1,456,425
2. In all other respects, the Underlying Agreement, as amended by Amendment No.
1, shall remain in full force and effect, further amended as set forth herein, but only as set forth
herein.
DATED THIS day of
20_
CITY OF EDMONDS WALKER MACY
Mike Nelson, Mayor Chelsea McCann, Principal
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
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2.1.a
Amendment No. 2 to Professional Services Agreement, Page 3
APPROVED AS TO FORM:
Office of the City Attorney
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2.1.a
WALKER I MACY
December 7, 2022
Angie Feser
Parks, Recreation, and Cultural Services Director
City of Edmonds
700 Main Street
Edmonds, WA 98020
LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING
RE: Edmonds Civic Center Playfield Additional Services Request
Dear Angie,
We appreciate the opportunity to submit the following proposal for landscape architecture and
professional A&E services at Edmonds Civic Field. These additional services represent design changes
or additions during the construction phase of the project.
Scope of Work:
1. Art Installation Review and Lighting Revisions involving architectural, structural,
electrical, and lighting design considerations for the shade structure, hanging art piece,
and wall graphic.
2. Boys & Girls Club Footprint & Service Drive Revisions to improve access to the
existing building including adjustments to curb lines, pavement boundaries, grading,
electrical service, and storm water drainage.
3. Restroom Building Updates associated with the change in restroom supplier and
building design, including additional rounds of drawing review by the consultant team
and the addition of structural foundation design.
4. Contract Extension for 6 additional months of services during construction, through
June 2023.
Fees:
We propose the following fees:
Art Installation Review and Lighting Revisions $19,368
Boys & Girls Club Footprint & Service Drive Revisions $24,647
Restroom Building Updates $32,070
Contract Extension
TOTAL
24 000
$100,085
We propose to bill monthly on a time and materials "not -to -exceed" basis.
1218 3RD AVE, SUITE 1310 I SEATTLE, WA 98101 I PHONE: 206.582.3874
WEB: WALKER'MACY.COM
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2.1.a
Edmonds Civic Center Playfield
December 7, 2022
Page 2 of 2
Please contact me or Jason Bril if you have any questions.
Regards,
WALKER MACY
a��
Lara Rose
Principal, Landscape Architect
Irose@walkermacy.com
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PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, a
Washington municipal corporation, hereinafter referred to as the "City", and Walker Macy,
hereinafter referred to as the "Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide landscape architectural services with respect to the Civic Center
Playfield project ("Project");
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with the Scope of
Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Pay . The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a time and expense basis as set forth on the Fee Schedule set forth in Exhibit B, attached
hereto and incorporated herein by this reference; provided, in no event shall the payment for
work performed pursuant to this Agreement exceed the sum of One Million Two Hundred Eight
Thousand One Hundred Eighty Five Dollars ($1,233,185.00).
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process. No billing shall be considered for payment that
has not been submitted to the City three days prior to the scheduled cut-off date. Such late
vouchers will be checked by the City and payment will be made in the next regular payment
cycle.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three years after final
payment. Copies shall be made available upon request.
3. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant under this Agreement shall be and are the property of the
Consultant, roses, however, that:
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A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become the property of the City.
B. The City shall have the right, upon reasonable request, to inspect, review
and copy any work product during normal office hours. Documents prepared under this
agreement and in the possession of the Consultant may be subject to public records request and
release under Chapter 42.56 RCW.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly in accordance with the receipt of the required governmental approvals. The
parties agree that the categories of services set forth in the Scope of Services shall be undertaken
on the following schedule (including payments anticipated in each calendar year):
2018:
1. Project Startup: $31,823
2. Schematic Design: $159,872
3.30% Design Development: $190,572
4. 10% Contingency Fund: $38,227
Total: $420,494 (plus expenses)
2019:
1. 50/90/100% Design Construction Documentation: $475,588
2. Permitting: $34,056
3. Bidding: $20,178
4. 10% Contingency Fund: $52,982
Total: $582,804 (plus expenses)
2020:
1. Services During Construction: $174,194
2. Project Closeout: $12,067
3. 10% Contingency Fund: $18,626
Total: $204,887 (plus expenses)
Total for expenses: $25,000
5. Indemnification 1 Hold harnxless agreement. The Consultant shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts,
errors or omissions of the Consultant in the performance of this Agreement, except for injuries
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and damages caused by the sole negligence of the City. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall
be only to the extent of the Consultant's negligence.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers.
The Consultant specifically assumes potential liability for actions brought by the Consultant's
own employees against the City and, solely for the purpose of this indemnification and defense,
the Consultant specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
6. General and professional liability -insurance. The Consultant shall obtain and
keep in force during the term of the Agreement, or as otherwise required, the following insurance
with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the State.
B. Commercial general liability and property damage insurance in an aggregate amount not
less than two million dollars ($2,000,000) for bodily injury, including death and property
damage. The per occurrence amount shall be written with limits no less than one million
dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one
million dollar ($1,000,000) combined single limit.
D. Professional liability insurance in the amount of one million dollars ($1,000,000).
Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by
the Consultant, the City will be named on all policies as an additional insured. The Consultant
shall furnish the City with verification of insurance and endorsements required by the
Agreement. The City reserves the right to require complete, certified copies of all required
insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State
of Washington. The Consultant shall submit a verification of insurance as outlined above within
fourteen days of the execution of this Agreement to the City.
No cancellation of the foregoing policies shall be effective without thirty days prior notice to the
City.
The Consultant's professional liability to the City shall be limited to the amount payable under
this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified
elsewhere in this Agreement. In no case shall the Consultant's professional liability to third
parties be limited in any way.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, national origin, age, sex,
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2.1.b
sexual orientation, marital status, veteran status, liability for service in the armed forces of the
United States, disability, or the presence of any sensory, mental or physical handicap, or any
other protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an
independent contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or representative of
the City for any purpose. Consultant shall be solely responsible for all acts of its agents,
employees, representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement
must meet the approval of the City. During pendency of this Agreement, the Consultant shall not
perform work for any party with respect to any property located within the City of Edmonds or
for any project subject to the administrative or quasijudicial review of the City without written
notification to the City and the City's prior written consent.
10. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. Tnteeration. The Agreement between the parties shall consist of this document,
the Scope of Work attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exhibit
B. These writings constitute the entire Agreement of the parties and shall not be amended except
by a writing executed by both parties. In the event of any conflict between this written
Agreement and any provision of Exhibits A or B, this Agreement shall control.
12. Chances/Additional Work. The City may engage Consultant to perform
services in addition to those listed in this Agreement, and Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be
liable for additional compensation until and unless any and all additional work and compensation
is approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Work, the City understands that a revision
to the Scope of Work and fees may be required. Provided, however, that nothing in this
paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services
rendered in excess of the Scope of Work in Exhibit A unless or until an amendment to this
Agreement is approved in writing by both parties.
13. Standard of Care. Consultant represents that Consultant has the necessary
knowledge, skill and experience to perform services required by this Agreement. Consultant and
any persons employed by Consultant shall use their best efforts to perform the work in a
professional manner consistent with sound practices, in accordance with the schedules herein and
in accordance with the usual and customary professional care required for services of the type
described in the Scope of Work.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
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15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent tees. The Consultant warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this Agreement, and that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this Agreement. For breach or violation of this warranty,
the City shall have the right to annul this Agreement without liability or, in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including
regulations for licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, and any other standards or criteria as described in the Agreement to
assure quality of services.
The Consultant specifically agrees to pay any applicable business and occupation (B & 0) taxes
which may be due on account of this Agreement.
18. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
Walker Macy
105 S. Main Street, Suite 205
Seattle, WA 98104
Receipt of any notice shall be deemed effective three days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS 21 DAY OF 2018.
CITY OF EDMONDS WALKER MACY
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By
ATTEST/AUTHE CATED: APP VED AS TO FORM:
S assey, City Cle Office of the City Attorney
OREGO tJ OFFICIAL STAMP
STATE OF ) LEONA MAY MILLER
NOTARY PUSUC•OREGON
)Ss COMMISSION NO.951911
COUNTY OF .UUL-rW c-; AH ) OWCOMMISSION EXPIRES JULY 11, 2020
I
On this � day of - 2018ij before me, the undersigned, a
Notary Public in and for the State of ., duly commissioned and sworn,
personally appeared to me known to be the o%-i to -I o aj
of the corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above
Written.
NOTARY PUBL C
My commission expires:
Q"i I I 1 1,2020
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2.1.b
EXHIBIT A
WALKERIMACYLANDSCAPE ARCHITCCIURE URBAN DESIGN PLANNING
March 20, 2018
Carrie Hite
Parks, Recreation and Cultural Services Director
City of Edmonds
700 Main Street
Edmonds, WA 98020
RE: Edmonds Civic Center Playfield Improvements — P3282.01
Dear Carrie,
We appreciate the opportunity to submit the following proposal for providing landscape architectural
services for the redevelopment of Civic Center Playfield.
PROJECT UNDERSTANDING AND TEAM ROLES:
1. The project transforms the existing Civic Center Playfield into a new 8 acre park with site
improvements that include a multi -use plaza, a permanent skatepark and pumptrack with integrated
viewing areas, a water feature, multi -use lawn and playfields, one playground, six petanque courts,
one multi -use court, one shade pavilion structure (including restrooms and storage), walking/jogging
paths, exercise stations, picnic area, youth bouldering wall, lawn terraces, berms, planting, lighting,
stormwater gardens and all related utilities that are commensurate with the Master Plan, dated
February 2017. Limits of park improvements are illustrated in Exhibit A, attached.
2. Walker Macy proposes the following sub -consultant team to assist us on the project:
• Architect: ORAArchitects
• Civil and Structural Engineers: KPFF Consulting Engineers
• Mechanical and Plumbing Engineer: Notkin-Wood Harbinger
• Electrical Engineer: Reyes Engineering
• Lighting Designer: FMS
• Cost Consulting: JMB Consulting
■ Fountain Designer: STO Design
• Irrigation Consultant: Design Two Four Two Six
• Skatepark Consultant: Grindline
• Geotechnical Consultant: Landau
3. Walker Macy's role will be to provide the following:
• We will work directly with The City of Edmonds and the design team during the effort to
ensure a comprehensive approach to the work, and will provide leadership at meetings with
client, City, and community groups.
1218 3RD AVE, SUITE 1310 f SEATTLE. WA 98101 I PHONE: 206.582 3874 I WEL'- WALKERMACY.COM
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2.1.b
Civic Center Playfield
March 16, 2018
Page 2 of 11
• Detailed planning and site design for all park improvements, access and circulation for Civic
Center Playfield
• Walker Macy, in collaboration with the design team, will document surface improvements
including vehicular and pedestrian paving, planting, grading, irrigation, water feature, sports
courts and fields, playground, youth climbing wall, skatepark integration and site furnishings
for areas within our scope.
■ Walker Macy will document all site demolition with Civil engineer review.
• Walker Macy, in collaboration with KPFF, will advance the design of 6th Avenue (The
Market Promenade), to a Schematic Design level and 7ch Avenue through Construction
Administration as an optional additional service. Note, this assumes that ROW work is
integrated with park design efforts to reduce cost. If ROW work became a separate effort,
fee estimates would require revision.
The team's skatepark consultant will provide consultation, design guidance and architectural
drawings for the skatepark and/or pumptrack.
5. The City of Edmonds will lead and apply for all applicable grants. Walker Macy will support this
effort with required graphics, narratives, and cost estimates.
6. The team's architect will provide:
a. Architectural drawings and CAD files for the design for a new shade pavilion with
integrated restrooms.
b. Documentation for the demolition of the existing shed
c. Not included in this estimate are renovation of the existing Field House, work on a
Boys and Girls Club facility or footprint that differs from the Master Plan, or
integration of the shade pavilion and restroom structure with a future Boys and Girls
Club facility.
The team's civil engineer will document and provide CAD files for all right-of-way requirements,
erosion and sedimentation control, stormwater features and all utilities.
a. We will collaborate with the civil engineer for stormwater quality features per City of
Edmonds code requirements.
b. The City of Edmonds requires a civil engineer's stamp on all final grading plans.
Therefore we propose to transfer our detailed grading documents after 50% CD to
the civil engineer for final construction documentation, in coordination with Walker
Macy.
c. ROW Improvements along 61h and 71h Avenue. See attached limit of work and
additional services enumerated below.
8. The team's fountain designer will provide water feature design services and mechanical, electrical
and plumbing design guidance, in coordination with related sub consultants, and documentation for
the water feature.
9. The team's mechanical engineer will provide mechanical and plumbing design guidance,
specification and technical review in coordination with related sub -consultants.
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2.1.b
Civic Center Playfield
March 16, 2018
Page 3 of 11
10. The team's lighting designer will provide lighting design services for pedestrian, architectural,
sports, and feature lighting, including fixture proposals, photometric assessments, technical
drawings, and specifications in coordination with Walker Macy and related sub consultants.
11. The team's irrigation consultant will provide irrigation design, layout and technical documentation.
The irrigation consultant will also provide CAD files of the irrigation locations for coordination with
Walker Macy.
12. The team's electrical engineer will document all routing and controls for electrical services, layouts
and vaults for site lighting features, including sports field and court lighting. The electrical engineer
will also provide CAD files of the electrical fixture locations for coordination with Walker Macy.
13. The team's geotechnical engineer will document recommendations for surface, subsurface and
groundwater conditions for proposed work and features, including demolition. The geotechnical
engineer will provide or review drawings as required, including earthwork loading, drainage and
foundations.
14. The team's cost estimating consultant will provide statements of probable costs at Schematic
Design and 90% construction documents.
15. Walker Macy will submit a packet to the City for review following Schematic Design, 30%(Design
Development) and 90%(Construction Documentation) milestones. The City will provide a single
collated set of comments to Walker Macy within 40 days of each submittal. Other milestones will
conclude with design team review only.
16. All activities and fees necessary to obtain permits will be by The City of Edmonds and the Owner.
Walker Macy and the design team will provide drawings for inclusion in the permit applications. We
assume permit drawings will be derivatives of our working plans.
SCOPE OF WORK:
Based on our understanding of the project, and the information provided, we propose the following scope
of work:
1. Project Start-up (April -May 2018)
1.1 Attend one conference call with client to discuss scope, budget and schedule.
1.2 Review survey and geotechnical reports, budget information, code requirements, permit
requirements and other project background material made available to Walker Macy.
1.3 Coordinate scope of work and attend meetings as needed with sub -consultants.
1.4 Coordinate and lead team kick-off meeting with sub -consultants
1.5 Attend and document one (1) project kick-off meeting with client, in Edmonds, to review
design efforts and to coordinate our work.
1.6 Confirm reclaimed timber and seat board inventory for potential use in the park.
Meetings Summmary:
• One (1) conference call meeting with client to discuss scope, budget and schedule
Packet Pg. 17
Civic Center Playfield
March 16, 2018
Page 4 of 11
• One (1) kick-off meeting with client in Edmonds
• One (1) consultant team kickoff meeting ( additional subconsultant meetings as needed)
2. Schematic Design (June -August 2018)
2.1 Refine and/or revise site design to accommodate findings from survey and geotech reports
and changes to program since Master Plan was published Create CAD base files.
2.2 Park feature design development, including water feature, skatepark, playground, exercise
stations and scramble wall.
2.3 Design team meetings and coordination of site work across all disciplines.
2.4 Attend and document one (1) meeting with the client in Edmonds, followed by weekly
conference calls.
2.5 Attend and document one (1) Project Advisory Meeting, in Edmonds.
2.6 Attend and document one (1) meeting with the Edmonds Petanque Club.
2.7 Attend and document one (1) meeting with Edmonds Skatepark Committee.
2.8 Attend and document one (1) meeting with Edmonds Chamber of Commerce regarding
event planning.
2.9 Attend one (1) meetings with Public Works and Engineering to coordinate Schematic
Design of The Market Promenade — 6th Street Improvements (per optional services).
2.10 Review Edmonds standard documentation and drawing format requirements and revise
drawing formats as needed.
2.11 Prepare documentation for and attend one (1) Edmonds Internal Parks and Planning
review in Edmonds after SD submittal.
2.12 Attend one (1) City Council Meeting in Edmonds.
2.13 Attend and document one (1) meeting with the Boys and Girls Club in Edmonds.
2.14 Prepare/attend/document one (1) art meeting with Edmonds Cultural Services Manager.
2.15 Provide 100% Schematic Design Submittal with the following deliverables:
• CAD Base drawings for team coordination
• Updated Illustrative Site Plan
• Area take -offs diagram
■ Materials Plan / Site Plan
• Up to three (3) CAD Sections / Elevations, as needed to convey design intent
• Grading Concept Plan for Civic Center Playfield
• Schematic Design Grading Concept for 6th Avenue (per additional services)
■ Narrative / basis of design memo
• Image boards describing proposed materials and plant typologies
• (1) Updated birdseye perspective rendering
Packet Pg. 18
2.1.b
Civic Center Playfield
March 16, 2018
Page 5 of 11
• Stormwater concept plan
• Plan, roof plan and sections of pavilion
• Skatepark plan
• Lighting concept plan
• Water feature concept plan
• 100% SD Cost Estimate, including delineated budget"
Meetings Summary:
• One (1) meeting with client in Edmonds
• Weekly conference calls with client
• One (1) Project Advisory Committee Meeting in Edmonds
• One (1) City Council Meeting in Edmonds
• One (1) meeting with Edmonds Petanque Club in Edmonds.
• One (1) meeting with Edmonds Skatepark Committee in Edmonds
• One (1) Chamber of Commerce Meeting in Edmonds
• One (1) meeting for City of Edmonds internal (Parks and Planning) review in Edmonds
One (1) meeting with City of Edmonds Public Works to coordinate 6th Avenue
Improvements (per additional services).
• One (1) meeting with the Boys and Girls Club
3. 30% (Design Development, September —November 2018) No City review following 30%
milestone, submittal is for internal review purposes only)
3.1 Incorporate and/or respond to Schematic Design submittal City review comments. City to
provide one collated set of comments for response.
3.2 Attend one (1) meeting with client to review the schematic design phase and discuss
construction budget for the site and landscape improvements, design development goals and
schedule.
3.3 Review Schematic Design cost estimate and contribute to Value Engineering efforts by amending
landscape scope as required to bring project into budget goals.
3.4 Lead team design development and coordination. Coordinate technical documentation for
grading plan, demolition, layout, architectural, civil/stormwater, planting, irrigation and lighting
plans in coordination with consultant team.
3.5 Attend one (1) meeting with the Edmonds Petanque Club to review and refine court design.
3.6 Attend one (1) meeting with Edmonds Skatepark Committee to review and refine
skatepark/pumptrack design.
3.7 Consult on arts integration plan with Edmonds Cultural Services Manager.
3.8 Attend meeting and follow up with artist(s) to discuss concepts and park design integration.
3.9 Review and incorporate Edmonds standard details and related requirements.
3.10 Attend one (1) meeting with City in Edmonds to review 30% plans and outstanding issues
Packet Pg. 19
2.1.b
Civic Center Playfield
March 16, 2018
Page 6 of 11
3.11 Submit internal 30% Design. Deliverables include:
• Demolition Plans
• Civil Utility and Stormwater Plans
• Grading Plans
• Materials Plans, including Lighting and Furnishings
• Planting Area Plans noting plant types (e.g., tree, shrub, groundcover); not specific
plant species.
• Irrigation Conceptual Zone Plans (includes point of connection, mainline routing, and
irrigation value locations).
• Architectural Plans
• Lighting Plans
• Electrical Plans
• Mechanical Cut Sheets and Plans
• Water Feature Plans
• Skatepark Plans
• Draft basis of design memo summarizing assumptions, design intent, code
requirements and draft specifications.
• Draft specifications, including Division One.
Meetings Summary:
• Two (1) client review meetings in Edmonds.
• Weekly conference calls with client
• One (1) meeting with Edmonds Petanque Club
• One (1) meeting with Edmonds Skatepark Committee
• One (1) meeting with Edmonds internal review committee (Parks and Planning) in
Edmonds to review 30% DD submittal.
4. 50%, 90% and 100% Design Construction Documentation (December 2018 -August 2019) City
Review after 90% only.
4.1 Attend two (2) coordination meetings with The City of Edmonds.
4.2 After 30% and 90% submittals, review the construction budget, schedule and milestones. Attain
approval from City to proceed with 100% Construction Documentation.
4.3 Lead design development and coordination of technical documents in coordination with
consultant team.
4.4 Coordinate artist integration for each phase.
4.5 Produce 50%, 90% and 100% Construction Documents. Deliverables include:
■ Site Demolition Plans
• Site Civil Plans and Details
■ Site Grading Plans
• Site Materials and Furnishings Plans
Packet Pg. 20
Civic Center Playfield
March 16, 2018
Page 7 of 11
• Site Layout Plans
■ Soil Plans and Details
• Planting Plans and Details
■ Irrigation plans and Details
■ Site Construction Details
• Site Structural Plans and Details
• Architectural Plans and Details
• Lighting Plans and Details
• Electrical Plans and Details
• Water Feature Plans and Details
• Skatepark Plans and Details
■ Specifications, including Division1 Specifications.
4.6 Submit 90% documents to City for review. The 50% and 100% milestones will be used for
internal team review and QA/QC only.
4.7 Develop cost estimate at 90% submittal.
4.8 Complete geotech review at 50% internal review.
4.9 One (1) meeting with Edmonds Skatepark Committee after 50% review.
4.10 Prior to 100% submittal, contribute to Value Engineering efforts by amending landscape scope
and drawings as required to bring project into budget goals. Value engineering drawing revisions
after 90% Construction Documentation are not included in this scope of work.
Meeting summary:
• Two (2) client review meetings, in Edmonds.
• One (1) meetings with Edmonds Skatepark Committee
6. Permitting (April — November 2019)
5.1 Submit preliminary and final stamped and signed documents to the client as required for
permitting. The permits currently anticipated for this project are all under one umbrella permit
package and include:
a. ROW development (per optional services)
b. Grading and park features
c. Building plans
d. Utility plans
5.2 Respond to permit comments during permitting.
5.3 Revise drawings and resubmit to the permit center if required.
L
6. Bidding (September - November 2019)
Packet Pg. 21
2.1.b
Civic Center Playfield
March 16, 2018
Page 8 of 11
6.1 Produce Bid Set documents, based on 100% construction documents, including Division 1
Specifications.
6.2 Attend pre -bid conference.
6.3 Prepare addenda during bid period as necessary.
6.4 Assist in review of bids.
Deliverables:
• Permit drawings based on Construction Documents.
Meetings:
• One (1) pre -bid conference in Edmonds.
7. Services During Construction (December 2019 — December 2020)
7.1 Develop "For Construction" set of Construction Documents.
7.2 Attend (1) pre -construction meeting.
7.3 Review product submittals and shop drawings; respond to requests for information, produce
change orders and clarification drawings as needed.
7.4 Attend twenty two (22) project meetings and Construction Observation site visits (one every
other week), particularly at the following milestones:
• Review of rough grading.
• Review of hardscape layout.
• Perform one nursery visits at milestones to review and tag plant material.
• Review irrigation mainline layout and open mainline trenching.
• Review of finish grading.
• Review tree and/or plant material layout.
• Review irrigation coverage.
• Stormwater system review (civil)
• Artwork integration review/observation
• Additional milestones as defined by sub -consultants
7.5 Attend (1) substantial completion walk-through and develop a punch list.
7.6 Attend (1) final acceptance walk-through to review completion of the punch list.
7.7 Attend (1) warranty walk-through and develop a warranty list.
8. Project Closeout
8.1 Prepare record documents for all work within our scope based on contractor provided record
drawings in CAD format.
FEES:
Packet Pg. 22
Civic Center Playfield
March 16, 2018
Page 9 of 11
We propose the following fees:
1. Project Start Up
2. Schematic Design
3. Design Development (30%)
4. Construction Documents (50/90/100%)
5. Permitting
6. Bidding
7. Service During Construction
8. Project Close -Out
Subtotal
9. 10% Design Contingency
Total
$31, 823.00
$159,872.00
$190,572.00
$475,588.00
$34,056.00
$20,178.00
$174,194.00
12 067.00
$1,098,350.00
$109,835.00
$1,208,185.00 plus expenses
We propose to bill monthly on a percentage of completion per phase. Expenses are additional, and will
be billed at 1.1 times our cost.
OPTIONAL SERVICES:
Based on our understanding of the project, and the information provided, we propose the following
Optional Services. We propose to bill monthly on a percentage of completion per phase. Expenses are
additional, and will be billed at cost. Project Understanding, Team Roles, and Assumptions enumerated in
this Scope of Work shall also apply to these optional services.
Parking Impact Study
Conduct parking impact study related to Civic Center Playfield improvements. Walker Macy
proposes Fehr & Peers to assist with the study. See attached proposal.
Estimated Fee: $25,600
ROW Improvements
Study grading on 6`h Avenue to determine feasibility of The Market Promenade and flush curb
condition to a Schematic Design Level. Develop and document ROW improvements, per the
approved Master Plan along 7ffi Avenue and 6th Avenue (from back -of -curb on the park -side)
through Construction Administration.
Estimated Fee: $51,775.00
10% Design Contingency $5,178.00
Total: $56,953.00
ASSUMPTIONS:
1. Our proposal is based on the above scope of work, attached limit of work, and a project
construction budget not to exceed $10M.
2. Recent geotechnical investigation revealed conditions that may increase construction cost
significantly above prior estimate. Reductions in park program or phasing may be required.
Areas of park that require redesign may require additional services.
Packet Pg. 23
2.1.b
Civic Center Playfield
March 16, 2018
Page 10 of 11
3. The siting, if any, and scale of the future Boys and Girls Club will be determined prior to
Schematic Design phase initiation. Redesigns for Club siting may require additional services.
4. All work in the right-of-way along 6th and 7th Avenues, as well as pedestrian crossings on 6th and
7th Avenues, are listed as optional services and are not included in the base scope and fee.
5. Changes to overhead power and other utilities along rights -of -way are not included in this scope
of work.
6. Construction drawings will be provided or based upon Walker Macy standards.
8. Revisions to the construction documents due to value engineering which occur after 90%
submittal will require Walker Macy to evaluate potential impact to fees.
9. Site visits in addition to those identified will require Walker Macy to evaluate potential impact to
fees.
10. Walker Macy will provide complete Division One specifications (based on templates provided by
the City of Edmonds) and will manage the submittal and RFI process. Walker Macy will attend all
meetings outlined in the scope of work. Meetings beyond those noted will be additional services
and will be billed as time and materials.
11. This proposal assumes the project will be constructed in one phase. If the project is broken into
multiple design or construction phases, scope and fees will be re-evaluated.
12. Project is scheduled to be completed by December 2020. If project extends substantially beyond
the scheduled date additional scope and fees will be re-evaluated.
13. The project team cost estimator will develop landscape and site improvements, quantity take -offs,
and unit pricing. This information will be provided to Walker Macy for review as noted in the scope
above. Walker Macy and the design team will evaluate quantities and unit cost and provide
comments to client.
15. Design review services are not currently part of the proposed scope of services.
16. LEED documentation is not currently a part of the proposed scope of services.
17. Walker Macy is not responsible for verifying the accuracy of Contractors' record documents.
19. Walker Macy will provide typed CSI-formatted specifications.
20. City arborist will provide assessment of existing trees within proposed limits of work.
21. KPFF provided the City of Edmonds a schematic side sewer stub location on 11.30.17 for the
future restroom and water feature. We assume the new 8 inch SS Main and stub outs will be in
place prior to construction of Civic Field and be completed by the COE. Future coordination for
this 8 inch SS Main will include coordination at the view terraces."
22. City review and feedback duration is assumed at 40 days. If this review period extends
substantially beyond the expected duration, impacts to team fees and project schedule will be re-
evaluated.
Please contact me if you have any questions, require clarification, or if we can be of further assistance.
We look forward to working with you on the Civic Center Playfield Improvement Project.
Sincerely,
WALKER MACY
Packet Pg. 24
Civic Center Playfield
March 16, 2018
Page 11 of 11
Chris Jones
Principal
cjones@walkermacy.com
Approved:
Name and title
Date
Packet Pg. 25
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{ OF EDtilU
Ci of Edmonds Dave Earling
Mayor
700 MAIN STREET • EDMONDS, WA 98020.425-771-0230
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
IBC. kga�
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
FOR LANDSCAPE ARCHITECTURE CONSULTING SERVICES
FOR THE EDMONDS CIVIC CENTER PLAYFIELD PROJECT
Dated April 27, 2018
WHEREAS, the City of Edmonds, Washington (the "City") and Walker Macy (the
"Consultant"), entered into an underlying professional services agreement for the provision of
landscape architecture consulting services for the Edmonds Civic Center Playfield Project
("Project"), dated April 27, 2018 ("Underlying Agreement"); and
WHEREAS, Section 12 of the Underlying Agreement provides that the City may engage
the Consultant to perform additional services when an amendment to the Underlying Agreement
is approved in writing by both parties; and
WHEREAS, the Underlying Agreement incorporates a Scope of Services for the Project
consultation work; and
WHEREAS, the parties desire to amend the Underlying Agreement to incorporate an
extension of the scope of services to be performed, as well as an increase in the budget to cover
the additional consultation work;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of April 27, 2018 between the City
and the Consultant for Project consultation services, attached hereto as Attachment A and
incorporated herein by this reference as if fully set forth, is amended in, but only in, the
following respects:
(a) Section 1 ("Scope of work") — The Scope of Services attached hereto as
Exhibit A is in addition to and shall supplement the Scope of Services set forth in
Exhibit A of the Underlying Agreement and referenced in Section 1 ("Scope of
Work").
(b) Section 2 ("Payments") — The Fee Schedule incorporated into Exhibit A
is in addition to and shall supplement the Fee Schedule set forth in Exhibits A and
B of the Underlying Agreement and referenced in Section 2 ("Payments").
Subsection A of Section 2 shall be amended to read as follows:
Packet Pg. 32
Amendment No. 1 to Professional Services Agreement, Page 2
A. Payment for work accomplished under the terms of this Agreement shall be
on a time and expense basis as set forth on the Fee Schedule set forth in
Exhibit B, attached hereto and incorporated herein by this reference, and the
Fee Schedule for the additional Yost Park Stormwater Design services
incorporated into Exhibit A, attached hereto and incorporated herein by this
reference; provided, in no event shall the payment for work performed
pursuant to this Agreement exceed the sum of ONE MILLION, THREE
HUNDRED FIFTY-SIX THOUSAND, THREE HUNDRED FORTY
DOLLARS ($1,356,340.00).
(c) Section 4 ("Time of performance") — Section 4 shall be amended
to read as follows:
4. Time of performance. The Consultant shall perform the work
authorized by this Agreement promptly in accordance with the receipt of
the required governmental approvals. The parties agree that the
categories of services set forth in the Scope of Services shall be
undertaken on the following schedule (including payments, anticipated in
each calendar year):
2018:
Civic Center Playfield:
1. Project Startup: $31,823
2. Schematic Design: $159,872
3. 30% Design Development: $190,572
4. 10% Contingency Fund: $38,227
Total for 2018: $420,494 (plus expenses)
2019:
Civic Center Playfield:
1. 50/90/100% Design Construction Documentation: $475,588
2. Permitting: $34,056
3. Bidding: $20,178
4. 10% Contingency Fund: $52,982
Yost Park StormwaterDesipti:
1. Infiltration Feasibility Evaluation: $41,713 (including expenses)
2. Site Survey: $15,300 (including expenses)
3. Design and Permitting: $37,150 (including expenses)
4. Infiltration Testing: $19,232 (including expenses)
Total for 2019: $696,199 (plus Civic Center Playfield expenses)
2020:
Civic Center Pia field:
1. Services During Construction: $174,194
2. Project Closeout: $12,067
3. 10% Contingency Fund: $18,626
Yost Park Stormwater Design:
1. Construction Administration: $7,260 (including expenses)
2. Project Management: $2,500 (including expenses)
Total for 2020: $214,647 (plus Civic Center Playfield expenses)
Packet Pg. 33
Amendment No. I to Professional Services Agreement, Page 3
Total for Civic Center Playfield expenses: $25,000
GRAND TOTAL: $1,356,340
2. In all other respects, the Underlying Agreement shall remain in full force and
effect, amended as set forth herein, but only as set forth herein.
DATED this day of November, 2019.
�F ED NDS WALKER MACY
• %. - -eL
O. Earling, Mayor Chelsea McCann, Principal
A A[1TH ATED: j
ge-o"it Passey, it Clerk
APPEy101 FORM*C
Office of the City Attorney
O-PEG6 KJ
STATE OF W A SION/1TON)
)ss
COUNTY OF .Duff q o,f )
On this t 6+�' day of 2019, before me, the under -signed, a
Notary Public in and for the State of duly commissioned and sworn,
personally appeared Chelsea McCann, an&ed the foregoing instrument, and
acknowledged the said instrument to be her free and voluntary act and for the uses and
purposes therein mentioned, and on oath stated that she was authorized to execute said
instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
OFFICIAL STAMP
LEONA MAY MILLER
NOTARY PUBLIC-OREGION
COMMISSION NO.951911
OW COMMISSION EXPIRES JULY 11, 2Q20
1341111 we
My commission expires- JA if 120Z0
Packet Pg. 34
2.1.b
Exhibit A
Scope of Work / Fee Schedule
WALKERI MAC ! LANDSCAPE ARCHITECTURE URBAN DESIGN PLANNING
November 7, 2019
Shannon Burley
Deputy Parks, Recreation, and Cultural Services Director
City of Edmonds
700 Main Street
Edmonds, WA 98020
RE: Edmonds Civic Center Playfield, Stormwater Design at Yost Park
Dear Shannon,
Due to high groundwater conditions at the Edmonds Civic Center Playfield (ECCP) site, the project team
encountered challenges in designing a code -compliant, on -site stormwater detention system for the
proposed development. As a result, the City of Edmonds (City) and the ECCP design team are exploring
the feasibility of installing stormwater infiltration facilities at City -owned Yost Park as a "detention trade" to
partially satisfy flow control requirements at ECCP. The design at Yost will focus on shallow infiltration
facilities (infiltrating bio retention) rather than UIC wells based on preliminary site evaluation conducted by
Shannon & Wilson.
Walker Macy proposes the following sub -consultant team to assist us on the project:
• Geotechnical: Shannon & Wilson
• Civil Engineer: KPFF Consulting Engineers
• Survey: KPFF Consulting Engineers
SCOPE OF WORK:
1. Infiltration Feasibility Evaluation
1.1. Conduct a site visit with the City to identify drilling locations.
1.2. Drill and install two wells approximately 80 feet deep. Each well will be competed with a flush -
mounted monument.
1.3. Perform geotechnical laboratory tests on the samples.
1.4. Perform visual geologic reconnaissance of the steep slopes between the Yost pool and parking
areas.
1.5. Prepare a report detailing the results of the field explorations, site reconnaissance and laboratory
testing.
2. Site Survey
2.1. Perform site survey to establish site control and mapping points on Washington State Plane
Coordinates NAD 83/91 and vertical datum on NAVD 88
2.2. Prepare boundary base map and plot easements affecting the subject property.
2.3. Perform topographic survey of the site as outlined by the design team.
1218 30 AVE, SUITE 1310 1 SEATTLE, WA 98101 I PHONE: 208.582.38N I WEB: WAMA MAG',
Packet Pg. 35
2.1.b
Edmonds Civic Center Playfield — Stormwater Design at Yost Park
November 7, 2019
Page 2 of 3
3. Design and Permitting
3.1. Review project Survey
3.2. Produce 50% Design and Permit Submittal. Deliverables Include:
• Site Demolition Plan
■ TESC Plan and Details
• Paving and Grading Plan and Details
• Storm Drainage Plan, Profiles, and Details
• Storm Drainage Report
• Planting Plans and Details
• Specifications
3.3. Incorporate City review comments after the 50% submittal.
3.4. Prepare single cost estimate
3.5. Prepare Bid Set after completion of permitting.
3.6. Attend four team meetings by conference call or web meeting
3.7. Perform three site visits
4. Infiltration Testing
4.1. Conduct a site visit to mark a maximum of four test pit excavation locations. Excavation to be
performed by the City.
4.2. Perform geotechnical laboratory tests on the retrieved soil samples
4.3. Prepare summary geologic logs based on field observations and geotechnical laboratory testing,
and present observed and recommended design infiltration rate values
5. Construction Administration
5.1. Respond to submittals and requests for information (RFls) from the contractor
5.2. Perform up to four site visits during construction
SCHEDULE:
• We assume design duration of six months, starting when we receive the project survey and notice
to proceed.
ASSUMPTIONS:
Wall Design is not included (not anticipated).
• Irrigation, if required, will be documented as design -build.
• SWPPP is not anticipated since site disturbance will be less than 1 acre
• KPFF assumes the design and permitting of a maximum of two shallow infiltration facilities
(infiltrating bioretention). A project survey is currently being completed for Yost Park; upon
receipt of that survey, KPFF will review existing conditions and determine whether or not two
infiltration facilities will be sufficient. If more than two are required, we will request additional
services.
Packet Pg. 36
Edmonds Civic Center Playfield — Stormwater Design at Yost Park
November 7, 2019
Page 3 of 3
• Per Preliminary information provided by Shannon & Wilson, an infiltration rate of 1-2inches per
hour is available at the site. Shannon & Wilson will perform field testing at the actual proposed
infiltration sites to better estimate infiltration rates.
• Re -grading will be limited to small areas where minor modifications to drainage patterns are
necessary. This will generally be accomplished through a grind and overlay of existing asphalt
surfacing.
• Division 1 specifications will be provided by the City.
• Infiltration test pit excavation will be completed by the City. Test pit locations will be marked in
the field by the design team.
FEES:
We propose the following fees:
1. Infiltration Feasibility Evaluation
2. Site Survey
3. Design and Permitting
4. Infiltration Testing
5. Construction Administration
6. Project Management
Total
$41,713.00
$15,300.00
$37,150.00
$19,232.00
$7,260.00
$2,500.00
$123,155.00 including expenses
We propose to bill monthly on a time and materials "not -to -exceed" basis. Client authorization is required
for any work beyond the established limit.
Please contact me if you have any questions, require clarification, or if we can be of further assistance.
Sincerely,
WALKER MACY
Andrea Kuns
Senior Associate
akuns@walkermacy.com
Approved:
Name and title
Date
Packet Pg. 37
2.2
City Council Agenda Item
Meeting Date: 12/12/2022
Civic Park - Snohomish County REET Allocation ILA
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Background/History
Civic Center Playfield project has a number of funding sources, one of which is the Snohomish County
REET Allocation. Two annual contributions of $150,000 were committed to the City of Edmonds for 2019
and 2021 through Interlocal Agreements (ILA). The project must be completed before the City can
receive the $300,000 in funding. This requires an agreement extension to December 31, 2023 complete
the construction project and receive the funding. The ILA Amendments were reviewed and approved to
form by City Attorney.
Staff Recommendation
City Council approve the extension of the 2019 and 2021 Snohomish County and City of Edmonds Civic
Center Playfield $150,000 Interlocal Agreements as proposed.
Narrative
<Type or insert text here>
Attachments:
2019 ILA Edmonds Civic Park Improvements Amendment 1
2021 ILA Edmonds Civic Park Improvements Amendment 1
Packet Pg. 38
2.2.a
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS
THIS AMENDMENT NO. 1 ("Amendment No. 1") to that certain Interlocal
Agreement Between Snohomish County and the City of Edmonds for Civic Park
Improvements (the "Agreement") dated July 18, 2019, is made by and between
Snohomish County, a political subdivision of the State of Washington (the "County"),
and the City of Edmonds, a municipal corporation of the State of Washington (the
"City").
For and in consideration of the mutual benefits conferred on both parties, the
parties agree as follows:
1. Section 2, Effective Date and Duration, is hereby deleted and amended as
follows:
This Agreement shall not take effect unless and until it has been duly executed
by both parties and either filed with the County Auditor or posted on the County's
Interlocal Agreements website. This Agreement shall remain in effect through
December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12
below, PROVIDED HOWEVER that each party's obligations after December 31, 2022,
are contingent upon local legislative appropriation of necessary funds for this specific
purpose in accordance with applicable law; and further that the County explicitly does
not warrant or guarantee the availability of provision of any funding whatsoever, at any
time, beyond the Funds as identified in Recital Section D, above.
2. Section 4.3, Project Deadline, is hereby deleted and amended as follows:
On or before December 31, 2023, the City shall complete the Project. In
executing the Project, the City shall obtain and, upon request, provide the County with
copies of all permits necessary to complete the Project.
3. Section 5.1, Invoicing, is hereby amended as follows:
Prior to December 31, 2023, the City shall submit to the County an invoice
requesting disbursement of the Funds for the Project.
4. Section 12.2, Termination for Breach, is hereby amended as follows:
In the event that the City fails to complete the Project by December 31, 2023,
and/or otherwise commits a Default as described in Section 11, the County may
terminate this Agreement immediately by delivering written notice to the City. Within
thirty (30) days of such early termination, the City shall return to the County all funds
previously disbursed from the County to the City for the Project plus interest at the rate
of twelve percent (12%) per annum beginning thirty (30) days from the date of early
termination.
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT
BETWEEN SNOHOMISH COUNTY AND CITY OF
EDMONDS FOR CIVIC PARK IMPROVEMENTS
P` Packet Pg. 39
2.2.a
EXCEPT AS PROVIDED IN THIS AMENDMENT NO. 1, ALL TERMS AND
CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND
EFFECT.
SNOHOMISH COUNTY CITY
By
Snohomish County Executive
Approved to Form:
/s/ George B. Marsh
Deputy Prosecuting Attorney
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT
BETWEEN SNOHOMISH COUNTY AND CITY OF
EDMONDS FOR CIVIC PARK IMPROVEMENTS
By
Title:
Approved to Form:
Title:
P` Packet Pg. 40
2.2.b
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF EDMONDS FOR CIVIC PARK IMPROVEMENTS
THIS AMENDMENT NO. 1 ("Amendment No. 1") to that certain Interlocal
Agreement Between Snohomish County and the City of Edmonds, for Civic Park
Improvements (the "Agreement") dated December 16, 2021, is made by and between
Snohomish County, a political subdivision of the State of Washington (the "County"),
and the City of Edmonds, a municipal corporation of the State of Washington (the
"City").
For and in consideration of the mutual benefits conferred on both parties, the
parties agree as follows:
1. Section 2, Effective Date and Duration, is hereby deleted and amended as
follows:
This Agreement shall not take effect unless and until it has been duly executed
by both parties and either filed with the County Auditor or posted on the County's
Interlocal Agreements website. This Agreement shall remain in effect through
December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12
below, PROVIDED HOWEVER that each party's obligations are contingent upon local
legislative appropriation of necessary funds for this specific purpose in accordance with
applicable law.
2. Section 4.3, Project Deadline, is hereby deleted and amended as follows:
On or before December 31, 2023, the City shall complete the Project. In
executing the Project, the City shall obtain and, upon request, provide the County with
copies of all permits necessary to complete the Project.
3. Section 5.1, Invoicing, is hereby deleted and amended as follows:
Prior to December 31, 2023, the City shall submit to the County an invoice
requesting disbursement of the Funds for the Project. The invoice shall provide line item
detail for materials, labor and overhead and include any documentation requested by
the County, including but not limited to documentation as to what amounts have been
spent by the City on the Project.
4. Section 12.2, Termination for Breach, is hereby deleted and amended as
follows:
In the event that the City fails to complete the Project by December 31, 2023,
and/or otherwise commits a Default as described in Section 11, the County may
terminate this Agreement immediately by delivering written notice to the City. Within
thirty (30) days of such early termination, the City shall return to the County all funds
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT
BETWEEN SNOHOMISH COUNTY AND CITY OF EDMONDS
FOR CIVIC PARK IMPROVEMENTS
P` Packet Pg. 41
2.2.b
previously disbursed from the County to the City for the Project plus interest at the rate
of twelve percent (12%) per annum beginning thirty (30) days from the date of early
termination.
EXCEPT AS PROVIDED IN THIS AMENDMENT NO. 1, ALL TERMS AND
CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND
EFFECT.
SNOHOMISH COUNTY CITY
By
Snohomish County Executive
Approved to Form:
/s/ George B. Marsh
Deputy Prosecuting Attorney
AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT
BETWEEN SNOHOMISH COUNTY AND CITY OF EDMONDS
FOR CIVIC PARK IMPROVEMENTS
By_
Title:
Approved to Form:
Title:
P` Packet Pg. 42
2.3
City Council Agenda Item
Meeting Date: 12/12/2022
Presentation of Department of Ecology Agreement - 2021-2023 Biennial Stormwater Capacity Grant
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On September 21, 2021, the City applied to the Department of Ecology (Ecology) for a Stormwater
Capacity Grant funded by the state's 2021-2023 biennial budget. This non-competitive grant program
provides financial assistance to permitees to implement the stormwater management programs
required by Ecology's Western Washington Phase II Municipal Stormwater Permit (aka, NPDES
stormwater permit or the Permit). Ecology has been providing these Stormwater Capacity grants to
municipal permittees, including the City of Edmonds, on biennial basis since the late 2000s.
Staff Recommendation
Forward item to consent agenda for approval at the City Council Meeting on December 13, 2022.
Narrative
This grant provides $50,000, on a reimbursable basis, to fund activities, selected by the City, to comply
with the Permit (including equipment purchases). Once the grant agreement is signed by the Mayor,
Ecology will amend the agreement to add an additional $25,000 in funding. This amendment will need
to be approved by Council and signed by the Mayor This round of funding will total $75,000.
Expenses for implementing Permit -related activities are eligible for reimbursement by this grant if they
are incurred between July 1, 2021 and June 30, 2023. Due to Ecology staff shortages, the grant
agreement has been slow to get to the City for review and signing. Grant dollars are planned to be used
to partially fund the following Permit requirements:
• Stormwater Planning - Stormwater Action Management Planning (SMAP)
• Illicit Discharge Detection and Elimination
• Operation & Maintenance of the stormwater system
The grant agreement has been reviewed by the City Attorney and has been approved as to form.
Attachments:
Attachment 1 - 2021-23 Capacity Grant Agreement
Packet Pg. 43
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. WQSWCAP-2123-Edmond-00128
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
CITY OF EDMONDS
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter
referred to as "ECOLOGY," and City of Edmonds, hereinafter referred to as the "RECIPIENT," to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
2.3.a
2021-2023 Biennial Stormwater Capacity Grants
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01 /2021
03/31/2023
Capacity Grant
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
Packet Pg. 44
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
RECIPIENT INFORMATION `°
Organization Name: City of Edmonds
Federal Tax ID: 91-6001244
UEI Number: NFIAQNT457R7
Mailing Address: 121 5th Ave N
Edmonds, WA 98115
Physical Address: 121 5th Ave N
Edmonds, Washington 98020
Organization Email: mike.delilla@edmondswa.gov
Contacts
Template Version 12/10/2020
Packet Pg. 45
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
Project Manager
Billing Contact
Authorized
Signatory
Jerry Shuster
Stormwater Engineer
121 5th Ave N
Edmonds, Washington 98020
Email: jerry.shuster@edmondswa.gov
Phone: (425) 771-0220
Michele De Lilla
Senior Utilities Engineer
121 5th Ave N
Edmonds, Washington 98020
Email: mike.delilla@edmondswa.gov
Phone: (425) 771-0220
Mike Nelson
Mayor
121 5th Ave N
Edmonds, Washington 98020
Email: michael.nelson@edmondswa.gov
Phone: (425) 771-0220
2.3.a
Template Version 12/10/2020
Packet Pg. 46
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 628-3890
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 628-3890
Template Version 12/10/2020
Packet Pg. 47
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
By:
Vincent McGowan, P.E.
Water Quality
Program Manager
Template Approved to Form by
Attorney General's Office
City of Edmonds
Date Mike Nelson
Mayor
Date
Template Version 12/10/2020
Packet Pg. 48
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
SCOPE OF WORK
Task Number
Task Title: Project Administration/Management
Task Cost: $0.00
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement, contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and
two -page Outcome Summary Report. <br>
* Properly maintained project documentation.
Recipient Task Coordinator: Zachary Richardson
Project Administration/Management
Deliverables
Number
Description
Due Date
1.1
Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2
Recipient Closeout Report (EAGL Form).
1.3
Two -page draft and Final Outcome Summary Reports.
Template Version 12/10/2020
Packet Pg. 49
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
SCOPE OF WORK
Task Number:
Task Title: Permit Implementation
Task Cost: $50,000.00
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. The
following is a list of elements RECIPIENT's project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post -construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
Template Version 12/10/2020
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
purchases over $5,000 must be pre -approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give -a -ways, grant application preparation, TAPE review for proprietary treatment systems,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Recipient Task Coordinator: Zachary Richardson
Permit Implementation
Deliverables
Number
Description
Due Date
2.1
Documentation of tasks completed
Template Version 12/10/2020
Packet Pg. 51
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
BUDGET
Funding Distribution EG220304
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:
Funding Effective Date
Funding Source:
Title:
Fund:
Type:
Funding Source %:
Description:
2021-23 capacity grant
07/01 /2021
Funding Type:
Funding Expiration Date:
Model Toxics Control Operating Account (MTCOA)
State
100%
MTCA
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match %: 0%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
2021-23 capacity grant
Task Total
Permit Implementation
$ 50,000.00
Total: $ 50,000.00
Grant
03/31 /2023
2.3.a
Template Version 12/10/2020
Packet Pg. 52
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name
Recipient Match %
Recipient Share
Ecology Share
Total
2021-23 capacity grant
0.00 %
$ 0.00
$ 50,000.00
$ 50,000.(
Total
$ 0.00
$ 50,000.00
$ 50,000.1
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
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Packet Pg. 53
State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
1
Recipient Name: City of Edmonds
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than $30,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in
www.sam. -og v <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending_gov/>.
For more details on FFATA requirements, see www.fsrs. og v <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use
covered telecommunications equipment, video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pka/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or
services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in
the System for Award Management(SAM) <https://sam.gov/SAM/> exclusion list.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
06/24/2021 Version
ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition."
(https:Hfortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all
products supplied under the Agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic
archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological
and Cultural Resources.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic
Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has
been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as
appropriate, or upon completion of an audit as specified herein.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that parry's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned
(WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved
by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended b,
this Agreement.
g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
Recipient Name: City of Edmonds
22. RECORDS, AUDITS, AND INSPECTIONS
2.3.a
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
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State of Washington Department of Ecology
Agreement No: WQSWCAP-2123-Edmond-00128
Project Title: 2021-2023 Biennial Stormwater Capacity Grants
2.3.a
Recipient Name: City of Edmonds
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of
Washington is named as an express third parry beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
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2.4
City Council Agenda Item
Meeting Date: 12/12/2022
Presentation of Professional Services Agreement with Blueline for 2023 Overlay Project
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
n/a
Staff Recommendation
Forward item to the consent agenda for approval at the City Council meeting on December 13, 2022.
Narrative
This project is a continuation of the City's efforts to rehabilitate and preserve its roadway
network by paving various area streets. This year's project will pave approximately 5.1 lane -
miles of City streets.
The City issued a Request for Qualifications (RFQ) in October 2022 to hire a consultant to
support City staff with design of the 2023 Overlay Project. The City received statements of
qualifications from two engineering firms and the selection committee chose The Blueline
Group to provide design services based on their qualifications, experience, and approach.
The City has negotiated a consultant fee of $118,790 to complete the design services. The key tasks
within the scope of work include basemapping, design and preparation of construction specifications.
This contract will be funded by REET Funds, and water, sewer, and stormwater utility funds.
The design phase of the project is scheduled to be completed in March 2023. The project would
be advertised shortly thereafter and construction should be complete in late Summer 2023.
Attachments:
Attachment 1 - 2023 Overlay map
Attachment 2 - Blueline Agreement
Packet Pg. 64
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CITY OF EDMONDS MIKE NELSON
121 5TH AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 • FAX 425-672-5750 MAYOR
Website: www.edmondswa.gov
PUBLIC WORKS DEPARTMENT
1890 19R� Engineering Division
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into between the City of
Edmonds, hereinafter referred to as the "City," and The Blueline Group, LLC, hereinafter
referred to as the "Consultant."
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide design services with respect to the 2023 Overlay project; and
WHEREAS, the Consultant has the necessary skills and experience, and desires to
provide such services to the City;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties hereto as follows:
1. Scone of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with the Scope of Work
that is marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for
work performed pursuant to this Agreement exceed the sum of ONE HUNDRED EIGHTEEN
THOUSAND, SEVEN HUNDRED AND NINETY DOLLARS ($118,790.00).
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process. No billing shall be considered for payment that
has not been submitted to the City three days prior to the scheduled cut-off date. Such late
vouchers will be checked by the City and payment will be made in the next regular payment
cycle.
1
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2.4.b
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
3. Ownership and use of documents. All research, tests, surveys, preliminary data,
reports, and any and all other work product prepared or gathered by the Consultant in preparation
for the services rendered by the Consultant under this Agreement shall be and are the property of
the Consultant, provided, however, that:
A. All final reports, presentations, documentation and testimony prepared by
the Consultant shall become the property of the City upon their presentation to and acceptance
by the City and shall at that date become the property of the City.
B. The City shall have the right, upon reasonable request, to inspect, review
and copy any work product during normal office hours. Documents prepared under this
Agreement and in the possession of the Consultant may be subject to public records request and
release under Chapter 42.56 RCW.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of work done shall be
prepared at no additional cost.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly in accordance with the receipt of the required governmental approvals.
5. Indemnification / Hold harmless agreement. The Consultant shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts,
errors or omissions of the Consultant in the performance of this Agreement, except for injuries
and damages caused by the sole negligence of the City. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall
be only to the extent of the Consultant's negligence.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal
officers. The Consultant specifically assumes potential liability for actions brought by the
Consultant's own employees against the City and, solely for the purpose of this indemnification
and defense, the Consultant specifically waives any immunity under the state industrial insurance
law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
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2.4.b
6. General and professional liability insurance. The Consultant shall obtain and
keep in force during the term of this Agreement, or as otherwise required, the following
insurance with companies or through sources approved by the State Insurance Commissioner
pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the State.
B. Commercial general liability and property damage insurance in an aggregate amount not
less than two million dollars ($2,000,000) for bodily injury, including death and property
damage. The per occurrence amount shall be written with limits no less than one million
dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one
million dollar ($1,000,000) combined single limit.
D. Professional liability insurance in the amount of one million dollars ($1,000,000).
Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by
the Consultant, the City will be named on all policies as an additional insured. The Consultant
shall furnish the City with verification of insurance and endorsements required by the
Agreement. The City reserves the right to require complete, certified copies of all required
insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State
of Washington. The Consultant shall submit a verification of insurance as outlined above within
fourteen days of the execution of this Agreement to the City.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice
to the City.
The Consultant's professional liability to the City shall be limited to the amount payable under
this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified
elsewhere in this Agreement. In no case shall the Consultant's professional liability to third
parties be limited in any way.
7. Discrimination prohibited. The Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, national origin, age, sex,
sexual orientation, marital status, veteran status, liability for service in the armed forces of the
United States, disability, or the presence of any sensory, mental or physical handicap, or any
other protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an
independent contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or representative of
the City for any purpose. The Consultant shall be solely responsible for all acts of its agents,
employees, representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement
must meet the approval of the City. During pendency of this Agreement, the Consultant shall not
perform work for any party with respect to any property located within the City of Edmonds or
for any project subject to the administrative or quasijudicial review of the City without written
notification to the City and the City's prior written consent.
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2.4.b
10. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document,
its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibit A.
These writings constitute the entire Agreement of the parties and shall not be amended except by
a writing executed by both parties. In the event of any conflict between this written Agreement
and any provision of Exhibit A, this Agreement shall control.
12. Changes/Additional Work. The City may engage the Consultant to perform
services in addition to those listed in this Agreement, and the Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be
liable for additional compensation until and unless any and all additional work and compensation
is approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Work, the City understands that a revision
to the Scope of Work and fees may be required. Provided, however, that nothing in this
paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for
services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to
this Agreement is approved in writing by both parties.
13. Standard of Care. The Consultant represents that the Consultant has the
necessary knowledge, skill and experience to perform services required by this Agreement. The
Consultant and any persons employed by the Consultant shall use their best efforts to perform
the work in a professional manner consistent with sound practices, in accordance with the
schedules herein and in accordance with the usual and customary professional care required for
services of the type described in the Scope of Work.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they
has/have not employed or retained any company or person, other than a bona fide employee
working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they
has/have not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award of making of this Agreement.
For breach or violation of this warranty, the City shall have the right to annul this Agreement
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or
contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including
regulations for licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, and any other standards or criteria as described in the Agreement to
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2.4.b
assure quality of services. Because this Agreement is subject to federal nondiscrimination laws,
the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated
herein by this reference, apply to this Agreement.
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
which may be due on account of this Agreement.
18. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
The Blueline Group, LLC
25 Central Way, Suite 400
Kirkland, WA 98033
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U.S. mails, with proper postage and properly addressed.
DATED THIS day of
CITY OF EDMONDS
Michael Nelson, Mayor
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
2022.
THE BLUELINE GROUP, LLC
Rob Dahn, PE, Senior Project Manager
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2.4.b
STATE OF WASHINGTON )
)ss
COUNTY OF )
On this day of 2022, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared , to me known to be the person who executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said person, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
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2.4.b
APPENDIX 1 CONTRACT
(Appendix A of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows:
1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations
relative to nondiscrimination in federally -assisted programs of the United States Department of
Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Consultant/Contractor shall not participate directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49
CFR 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for
work to be performed under a subcontract, including procurement of materials, or leases of equipment,
each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the
Consultant's/Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or
LEP.
Information and Reports: The Consultant/Contractor shall provide all information and reports
required by the Regulations and directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by the
City or the appropriate state or federal agency to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in
the exclusive possession of another who fails or refuses to furnish the information, the
Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall
set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the
nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or
the appropriate state or federal agency may determine to be appropriate, including, but not limited to:
• Withholding of payments to the Consultant/Contractor under the Agreement until the
Consultant/Contractor complies; and/or
• Cancellation, termination, or suspension of the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above
paragraphs one (1) through five (5) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the
City or appropriate state or federal agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved
in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the
Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the
City; or may request that the appropriate state agency enter into such litigation to protect the interests
of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal
agency enter into such litigation to protect the interests of the United States.
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2.4.b
APPENDIX 2 CONTRACT
(Appendix E of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the
following non-discrimination statutes and authorities, including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and proejcts);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilties Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Person with Limited English Profcency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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EXHIBIT A — SCOPE & FEE ESTIMATE
2.4.b
Project Name: 2023 Overlay Project Job #:22-280
Effective Date: December 8, 2022
Project Description
The Blueline Group, LLC ("Blueline") will provide engineering services for the 2023 Overlay Project
("Project") generally consisting of grind and overlay at six areas throughout the City as described below
• 74th PI W from Meadowdale Beach Rd north to the existing seam.
• 185th PI SE from 92nd Ave W to the east.
• 881h Ave W at the intersection of 182nd PI SW.
• 881h Ave W from 1961h St SW to 185th PI SW (including new vertical curb and asphalt walkway).
• 196th St SW from 88th Ave W to the west.
• 84th Ave W from 196th St SW to 192nd St SW.
• Maplewood Ln from 88th Ave W to 84th Ave W.
• 861h PI W from Maplewood Ln to the north.
• 1991h PI SW from Maplewood Ln to the south.
• 198th PI SW from Maplewood Ln to the south.
• 88th Ave W from 202nd St SW to 200th St SW.
• 751h Ave W from 2361h St SW to 75th PI W.
• 2361h St SW from Hwy 99 to 76th Ave W.
• 79th Ave W from 236th St SW to the south.
• 78th Ave W from 236th St SW to 238th St SW.
• 76th PI W from 236th St SW to the south.
• 761h Ave W from NE 2051h to 2381h PI SW.
• 242nd PI SW from 76th Ave W to the east.
Task Summary
Task 001
Project Management
Task 002
GIS & Base Mapping
Task 003
Preliminary Design
Task 004
50% Design
Task 005
90% Design
Task 006
Final Design
Task 007
741h Ave W Bid Documents
Task 008
Management Reserve
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EXHIBIT A — SCOPE & FEE ESTIMATE
2.4.b
Project Schedule
Our Team shall begin work immediately upon receipt of Notice to Proceed and proceed according to the
attached Project Schedule. This schedule reflects the Client's desire to complete construction in 2022.
Key dates include:
Notice to Proceed................................................................................
December 21, 2022
GIS & Base Mapping.....................................................................
December/January 2022
Preliminary Design Submittal
................................................................. January 20t", 2023
50% Design Submittal................................................................................
March 3rd, 2023
90% Design Submittal..............................................................................
March 31', 2023
Final Design Submittal.................................................................................
April 21', 2023
Bidding & Award........................................................................................
May/June 2023
Construction Begins......................................................................................
Summer 2023
Scope of Work
Blueline's scope of work for the project is outlined on the following pages.
Task 001 Project Management
This task is for general coordination and meetings on the project, including plan review/discussion
meetings, in-house quality assurance, etc. Blueline will prepare monthly invoices for work performed
during the previous month.
Task 002 GIS & Base Mapping
Under this task, Blueline will prepare a drawing at 1" = 20' scale detailing the location information and
topographic relief from existing LIDAR and City available data. This drawing will depict:
• Horizontal datum shall be NAD83/91 or as provided by client.
• Vertical datum shall be NAVD88 or as provided by the client.
• Subject area Right -of -Way limits will be depicted from GIS information.
• Edge of pavement will be provided by the City of Edmonds from available GIS files.
• GIS parcel lines will be shown for adjacent properties including current available ownership
information of record.
• Coordinate with the City to obtain pertinent GIS information.
Assumptions: The City will provide all available GIS information for utilities.
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EXHIBIT A — SCOPE & FEE ESTIMATE
2.4.b
Task 003 Preliminary Design
Using the base maps prepared in Task 002, Blueline will provide conceptual level plans showing the
grind and overlay extents for all sites. Services under this task will include:
• Kick-off Meeting with the City.
• Prepare plan sheets for the proposed roadway improvements.
o Roadway improvements will be shown in plan view per City standards.
o Sheets to be 22"x34" with roughly an 18"x28" drawing area.
o Scale for these drawings is to be 1"=20' horizontal, stacked viewports.
o Construction notes will not be provided at this stage.
o Only extents of grind and overlay, and existing features will be shown on the plan
sheets.
• Review meeting with the City staff to incorporate City comments into the next submittal.
Deliverables: 30% Design Submittal: PDF of Plans and Design Memo in Word format.
Task 004 50% Design
Based on the comments provided by the City on the preliminary design submittal, Blueline will produce
design plans, engineer's estimate, and specifications. The services under this task will include:
• Review meeting with the City.
• Incorporating comments provided by the City on the preliminary design submittal.
• Separating the PS&E into multiple schedules (A, B, C or I, II, III or other).
• Prepare plan sheets for the proposed roadway improvements.
o Roadway improvements will be shown in plan view per City standards.
o Sheets to be 22"x34" with roughly an 18"x28" drawing area.
o Scale for these drawings is to be 1"=20' horizontal, stacked viewports.
o Utility adjustment and grind and overlay notes.
• Perform site visit to all sites during a rain event to observe existing drainage patterns and
problems.
• Document via photo each monument within the project areas.
• Locate and incorporate PSE facilities and any facilities missing from GIS information.
• Show details necessary for construction of the improvements, utilizing City standard roadway
details and developing specialized details as necessary.
• Provide general temporary erosion and sedimentation control notes and details as necessary.
• Prepare technical specifications, including Proposal, Contract Forms, General Conditions, and
Measurement and Payment in WSDOT format, using City -provided standard specifications when
available.
• Prepare 50% Engineer's Estimate.
• Prepare a design memo outlining design assumptions and questions.
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EXHIBIT A — SCOPE & FEE ESTIMATE
2.4.b
• QA/QC review which shall include:
o Providing plan set showing measured quantities and quantity takeoff sheet with
calculations.
Deliverables: 50% Design Submittal: PDF of Plans, Specifications, and Engineer's Estimate,
Design Memo in Word format, PDF of measured quantities, Excel workbook of
quantity calculations.
Task 005 90% Design
Based on the comments provided by the City on the 50% design submittal, Blueline will produce design
plans, engineer's estimate, and specifications. The services under this task will include:
• Review meeting with the City.
• Incorporating comments provided by the City on the 50% design submittal.
• Prepare 50% Design Plans, Engineer's Estimate, and Specifications.
• Prepare a design memo outlining design assumptions and questions.
• Constructability review and QA/QC which shall include:
o Providing plan set showing measured quantities and quantity takeoff sheet with
calculations.
o Providing latest set of redlined plans for constructability review.
Deliverables: 90% Design Submittal: PDF of Plans, Specifications, and Engineer's Estimate,
Design Memo in Word format, PDF of measured quantities, Excel workbook of
quantity calculations, PDF of internal review markups.
Task 006 Final Design
Based on the comments provided by the City on the 90% design submittal, Blueline will produce bid
ready plans, engineer's estimate, and specifications. The services under this task will include:
• Incorporating comments provided by the City on the 90% design submittal.
• Prepare 90% Design Plans, Engineer's Estimate, and Specifications.
• QA/QC review which shall include:
o Review of any major changes from comments made on the 90% submittal.
o Measurement and payment specification review for consistency with Engineer's
Estimate.
o Providing quantity takeoff sheet with calculations.
Deliverables: Final Design Submittal: PDF of Plans, Specifications, and Engineer's Estimate,
Word document of specifications, Excel workbook of quantity calculations,
Measurement & Payment checklist.
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2.4.b
EXHIBIT A — SCOPE & FEE ESTIMATE
Task 007 741h Ave W Bid Documents
Blueline will incorporate plan sheets, estimate, and specifications from another consultant into the bid
documents for the Project. The services under this task will include:
• Review plan sheet for consistency with specifications.
• Perform quantity take off to confirm estimate quantities.
• Include special provision sections in Project specifications.
• Coordination with outside consultant on design changes.
Deliverables: Bid Ready Submittal: PDF of Plans, Specifications and Engineer's Estimate, PDF
of measured quantities.
Task 008 Management Reserve
This task provides for unanticipated services deemed to be necessary during the course of the Project
that are not specifically identified in the scope of work tasks defined above. Any funds under this item
are not to be used unless explicitly authorized by the City in writing. Fee estimate is based on ±10% of
Tasks 001— 007.
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EXHIBIT A — SCOPE & FEE ESTIMATE
2.4.b
General Assumptions and Notes
• Scope and fees outlined above are based on the Project Description included in this proposal as
well as the following information (any changes to these documents may result in changes to the
fees):
a. Scoping instructions and site maps emailed by the City of Edmonds November 10, 2021.
b. City of Edmonds GIS records.
c. Telephone/email conversations with the City prior to the date of this agreement.
• We do not anticipate that environmental services will be necessary for this Project as work is
anticipated to be completed in the paved areas of roadways outside of sensitive areas and
buffers. If it is determined during the design phase that environmental services are needed, we
will provide an Additional Services Authorization request for that effort.
• We do not anticipate SEPA being required, and is therefore excluded.
• We do not anticipate that traffic control plans, drainage calculations or reports, dewatering
plans, electrical plans, or structural engineering plans will be necessary for this project, and are
therefore not included. Should these services become necessary, we will provide an Additional
Services Authorization to the City to retain subconsultants for those efforts.
• Project stops/starts and significant changes to the Project Schedule may result in changes to the
fees provided above and a separate fee proposal will be provided.
• Agency fees (if any) are not included as part of the fees outlined above.
• Temporary Construction Easements are not included. If required, construction easement
preparation and negotiation will be an additional service. It is assumed the City will coordinate
directly with property owners with existing easements where work will be performed.
• The fees stated above do not include reimbursable expenses such as large format copies (larger
than letter/legal size), mileage, and plots. These items will be billed under a separate task called
Expenses. Estimate: $500.
• Time and expense items are based on The Blueline Group's current hourly rates.
• Blueline reserves the right to move funds between approved Tasks 001— 007 as necessary
based on approved scope of work provided the overall budget of Tasks 001— 007 is not
exceeded. The City Project Manager shall provide written authorization prior to moving funds.
• If the Client requests Blueline's assistance in complying with any public records request,
including without limitation providing copies of documents and communications, Client will pay
Blueline's hourly fees and costs incurred in providing such assistance at then -current rates. Such
fees and costs will be billed as a separate task and will be in addition to the maximum or total
fees and costs stated in the agreement to which this scope of work as attached
r
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Packet Pg. 79
2023 Overlay Project
Job Number: 22-280 Prepared By: Grace Garwin, EIT
Date: 12/8/2022 Checked By: Rob Dahn, PE
Senior Project Engineer Senior Engineering
Manager Designer
$209/hr $182/hr $178/hr
Task # Base Tasks Total Fee Fee Type
Hours Hours Hours Total Hours
001 Project Management
002 GIS & Base Mapping
003 Preliminary Design
004 50% Design
005 90% Design
006 Final Design
007 74th Ave W Bid Documents
008 Management Reserve
Expenses
24
16
0
1
2
48
7
8
48
8
172
80
17
52
40
6
24
16
1
12
2
Total Hours 57 250 216
Blueline Personnel $11,913 $45,500 $38,448
40
$7,930
Not to
Exceed
51
$9,120
Fixed Fee
63
$11,460
Not to
Exceed
260
$47,220
Not to
Exceed
109
$20,140
Not to
Exceed
46
$8,470
Not to
Exceed
15
$2,750
Not to
Exceed
$10,700
Not to
Exceed
$1,000
Not to
Exceed
523
$118,790
2.4.b
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001
Project Management
Senior Project
Engineer
Senior Engineering
Total Hours
Manager
Designer
Item #
Description
$209/hr
$182/hr
$178/hr
Hours
Hours
Hours
1
Monthly Invoices/Progress Reports
8
8
2
Management of Staff, Schedule, and
Budget
8
8
16
3
General Project Coordination
8
8
16
Total Hours
24
16
0
40
Total Fee
$5,016
$2,912
$0
$7,930
002
GIS &Base Mapping
Senior Project
Engineer
Senior Engineering
Total Hours
Manager
Designer
Item #
Description
$209/hr
$182/hr
$178/hr
Hours
Hours
Hours
1
GIS & Base Mapping
1
2
48
51
Total Hours
1
2
48
51
Total Fee
$209
$364
$8,544
$9,120
Senior Project Senior Engineering
003 Preliminary Design Engineer Total Hours
Manager Designer
Item # Description $209/hr $182/hr $178/hr
Hours Hours Hours
1 Kick -Off Meeting (Incl. Prep) 4 4 8
2 Preliminary Design Plans 48 48
3 Design Memo 1 2 3
4 Review Meeting w/City 2 2 4
Total Hours 7 8 48 63
Total Fee $1,463 $1,456 $8,544
Senior Project
Senior Engineering
004
50% Design
Engineer
Total Hours
Manager
Designer
Item #
Description
$209/hr
$182/hr
$178/hr
Hours
Hours
Hours
1
50% Design Plans
2
24
80
106
2
50% Engineer's Estimate
1
12
13
3
50% Specifications
1
16
17
4
Site Visit/Observation
112
112
5
Design Memo
2
2
4
6
QA/QC
4
$11,460
2.4.b
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Packet Pg. 81
7 Review Meeting 2 2
2.4.b
Total Hours 8 172 80
Total Fee $1,672 $31,304 $14,240
Senior Project
Senior Engineering
005
90% Design
Engineer
Manager
Designer
Item #
Description
$209/hr
$182/hr
$178/hr
Hours
Hours
Hours
1
90% Design Plans
2
12
40
2
90% Engineer's Estimate
1
12
3
90% Specifications
2
8
4
Design Memo
2
2
5
QA/QC
8
16
6
Review Meeting
2
2
Total Hours 17
52
40
Total Fee $3,553
$9,464
$7,120
4
260
Total Hours
54
13
10
4
24
4
109
$47,220
$20,140
Senior Project
Senior Engineering
006
Final Design
Engineer
Total Hours
Manager
Designer
Item #
Description
$209/hr
$182/hr
$178/hr
Hours
Hours
Hours
1
Final Design Plans
2
8
16
26
2
Final Engineer's Estimate
1
6
7
3
Final Specifications
1
4
5
4
QA/QC
2
6
8
Total Hours
6
24
16
46
Total Fee
$1,254
$4,368
$2,848
$8,470
007
74th Ave W Bid Documents
Senior Project
Engineer
Senior Engineering
Total Hours
Manager
Designer
Item #
Description
$209/hr
$182/hr
$178/hr
Hours
Hours
Hours
1
Plan Review
2
2
4
2
Quantity Review
4
4
3
Combine Special Provisions
4
4
4
Genearl Coordination w/Consultant
1
2
3
Total Hours
1
12
2
15
Total Fee
$209
$2,184
$356
$2,750
008
Management Reserve
Total Cost
Total
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Item # Description
2.4.b
1 Unassigned Services Reserve $10,700
Total Fee $10,700 $10,700
Co
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Packet Pg. 83
2.5
City Council Agenda Item
Meeting Date: 12/12/2022
Public Safety Parking Area Safety Barrier Project
Staff Lead: Thom Sullivan
Department: Public Works & Utilities
Preparer: Royce Napolitino
Background/History
The Edmonds Public Safety Complex has been in operation since 1999. The complex houses the City
of Edmonds Municipal Court with City Council Chambers, Edmonds Police Department and South
County Fire Station #17. The property includes a mixed -use parking lot that serves the Public, City
Staff, and Police and Fire vehicles intended for response in certain emergencies. The design and
configuration of the parking lot has been unchanged in its 23 years of use. It offers no physical
delineation between public parking, pedestrian traffic, travel lanes, entrances and exits or the
placement of first responder vehicles. Reported near miss incidents in this area include numerous and
varied pedestrian endangerments due to location and proximity to parked cards and moving vehicles.
Incidents such as this carry not only the danger to pedestrians, but also the delay caused during
responses carried out from this space.
Staff Recommendation
Forward to Consent: Award Job Order Contracting Package to Centennial Contractors Enterprises, Inc.
for $243,510 to construct Barrier Fence at Public Safety Parking Lot. Forward to Consent: Authorize
Mayor's signature of contract amount budgeted in 2022 decision package.
Narrative
The Police Pedestrian barrier fence was proposed to protect the public from potentially dangerous
vehicle traffic. The proposed barrier fence is 6 feet tall and surrounds the current Public Safety staff
parking and Police vehicle parking. The fence is designed with prefabricated fencing panels bolted to
fence posts inside the City's Right of Way setbacks and the parking area's current configuration. No
reduction of public parking spaces is planned or anticipated.
Attachments:
Public Safety Fence JOC Contract & Scope of Work
Public Safety Fence Map
Packet Pg. 84
2.5.a
City of Edmonds
Job Order Authorization
121 5th Ave N
Edmonds, Washington 98020
Job Order Contract
Date:
11 /07/2022
Job Order #:
JC22-05C
Project
Department/Division:
Information
Job Order Title:
Barrier Fence -Public Safety Parking Lot
i
Location Name:
Barrier Fence
Brief Scope of Work:
Contract
Contract:
JOC-COE-Centennial-001
Information
Contractor:
Centennial Contractors Enterprises, Inc. (WA)
5700 6th Avenue S Suite 105
Seattle, WA 98108
Project Costs
Construction
$210,458.18
Construction Sales Tax 10.5%
$22,098.11
Gordian Licensing 1.95%
$4,103.93
Sales Tax on License Fee 10.5%
$430.91
Gordian Fee 3.05%
$6,418.97
Total:
$243,510.10
Schedule
Project Duration:
Start Date (Planned):
Completion Date (Planned):
Sign below to approve this Job Order
Authorized Signatory, (Under 50K, Director) (50K - 100K, Mayor) (100K or
Greater, Board Approval)
Date
Job Order Authorization
1 of 1
Packet Pg. 85
2.5.a
City of Edmonds
121 5th Ave N
Edmonds, Washington 98020
Final Scope of Work
To: Ian Hogan
Centennial Contractors Enterprises, Inc. (WA)
5700 6th Avenue S
Suite 105
Seattle, WA 98108
(206) 547-0135
IHogan@cce-inc.com
Date: 11 /7/2022
Job Order Contracting
From: Thom Sullivan
City of Edmonds
121 5th Ave N
Edmonds, WA 98020
4252754515x1379
thom.sullivan@edmondswa.gov
Contract No:
JOC-COE-Centennial-001
Job Order No:
JC22-05C
Job Order Title:
Barrier Fence -Public Safety Parking Lot
Location:
Barrier Fence
250 5th Ave N
Edmonds, WA 98020
Brief Scope
of Work:
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the
items set forth below shall be considered part of this scope of work.
Please see attached detailed SOW
This Job Order is governed by the Terms and Conditions of Contract indicated above.
Thom Sullivan, Facilities Manager
Ian Hogan, Contractor Project Manager
Date
Date
Final Scope of Work
Page 1 of 1
Packet Pg. 86
2.5.a
_y Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
`W• City of Edmonds
121 5th Ave N Edmonds, Washington 98020
Date:
November 7, 2022
JOC Name (Contractor):
Centennial Contractors Enterprises, Inc. (WA)
Contract Name:
JOC-COE-Centennial-001
Contract Number:
JOC-COE-Centennial-001
Job Order Number:
JC22-05C
Job Order Title:
Barrier Fence -Public Safety Parking Lot
Location:
Barrier Fence
Cost Proposal Date:
November 7, 2022
Proposal Value:
$210,458.18
Division Division Totals
01 General Requirements $7,848.52
05 Metals S119,680.41
08 Openings $1,412.05
09 Finishes $39,308.76
32 Exterior Improvements $42,208.44
Proposal Total: $210,458.18
The Percentage of Non Pre -Priced on this Proposal: 0.00%
By signing the Contractor acknowledges that this Job Order is issued under the provisions of the Contract
established in response to Contract #JOC-COE-Centennial-001 by City of Edmonds. The services authorized
are within the scope of services set forth in the Contract. All rights and obligations of the parties shall be subject
to and governed by the terms and conditions, amendment(s) (if applicable), and the signed contract including
any subsequent modifications, are hereby incorporated by reference as if fully set forth herein.
Ian Hogan, Contractor Project Manager Date
Thom Sullivan, Facilities Manager Date
Washington State Sales Tax ( 10.5 ):
Total Price of Construction Including WSST:
Price Proposal Detail Package Report
$22,098.11
$232,556.29
Page 1 of 7
Print Date: 11/07/2022 03:38:51 PM EST
Packet Pg. 87
2.5.a
it
-� Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
City of Edmonds
121 5th Ave N Edmonds, Washington 98020
Date:
JOC Name (Contractor):
Contract Name:
Contract Number:
Job Order Number
Job Order Title
Location:
Cost Proposal Date:
Proposal Value:
November 7, 2022
Centennial Contractors Enterprises, Inc. (WA)
JOC-COE-Centennial-001
JOC-COE-Centennial-001
JC22-05C
Barrier Fence -Public Safety Parking Lot
Barrier Fence
November 7, 2022
$210,458.18
Record # CSI Number MOD UOM Description Unit Price Factor Total
01 - General Requirements $7,848.52
015626000143 LF Temporary 6' High Chain Link Fence Panels (Portable), Up To 6 Months
Accepted Quantity x Unit Price x Factor - LineTotal
Installation LF 200.00 x $6.56 x 1.3600 - $1,784.32
$1,784.32
User Note: FENCE FOR LAYDOWN AREA
2 015626000175 LF 48" High With Posts At 8' On Center, Plastic Mesh Temporary Safety Fence
Accepted Quantity x Unit Price x Factor
LineTotal
Installation LF 1,400.00 x $3.00 x 1.3600 -
$5,712.00
$5,712.00
User Note: BARRICADE OFF ACCESS FOR INSTALLATION
3 017113000002 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Rollback
Flatbed Truck
Accepted Quantity x Unit Price x Factor -
LineTotal
Installation EA 1.00 x $258.97 x 1.3600 =
$352.20
$352.20
User Note: for temp fence and augering equipment
05 - Metals
$119,680.41
Price Proposal Detail Package Report
Page 2 of 7
Print Date: 11/07/2022 03:38:51 PM EST
Packet Pg. 88
2.5.a
4.ri
Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
City of Edmonds
121 5th Ave N Edmonds, Washington 98020
4 050519000016
EA
1/2" Diameter x 7" Length, Zinc Plated Steel, Wedge Anchor Expansion Bolt
Accepted
Quantity x
Unit Price x
Factor =
LineTotal
Installation
EA
160.00 x
$16.58 x
1.3600 =
$3,607.81
$3,607.81
User Note: 4 per plate installed
fence post. 40 X 4
5 050519000016 0189
EA
For > 100, Deduct
Accepted
Quantity x
Unit Price x
Factor =
LineTotal
Installation
EA
160.00 x
-$2.90 x
1.3600 =
-$631.04
-$631.04
User Note-
6 050523001165
EA
12-24 x 1-1/2", Hex Washer Head, Teks® 5 Self Drilling Screw
Accepted
Quantity x Unit Price x Factor =
LineTotal
Installation
EA
350.00 x $3.10 x 1.3600 =
$1,475.60
$1,475.60
User Note: 70 POSTS X 5 FASTENERS PER POST FOR ATTACHMENT CLIPS
7 050523001165 0189
EA
For >1 00, Deduct
Accepted
Quantity x Unit Price x Factor =
LineTotal
Installation
EA
350.00 x -$0.51 x 1.3600 =
-$242.76
-$242.76
User Note:
8 051223000761 SF 1/2" Thick Flat Steel Plate
Accepted Quantity x Unit Price x Factor = LineTotal
Installation SF 100.00 x $40.21 x 1.3600 = $5,468.56
$5,468.56
User Note: 1 SF PER POST FOR ATTACHMENT CLIPS 1 SF PER POST PLATE
9 051223000761 0031 SF For Galvanized Steel, Add
Accepted Quantity x Unit Price x Factor = LineTotal
Installation SF 100.00 x $17.56 x 1.3600 = $2,388.16
User Note:
10 055969000055
Accepted
Price Proposal Detail Package Report
$2,388.16
SF 0.162" Thick Wire, 3/4" Spacing, 1.87 LB/SF Woven And Welded Wire Cloth
Panels
Quantity x Unit Price x Factor - LineTotal
Page 3 of 7
Print Date: 11 /07/2022 03:38:51 PM EST
Packet Pg. 89
2.5.a
L r
Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
City of Edmonds
121 5th Ave N Edmonds,
Washington 98020
Installation SF
4,200.00 x $16.26 x 1.3600
= $92,877.12
$92,877.12
User Note: BEST FIR FOR SECURITE FENCE FABRIC. 700 LF X U HIGH
11 055969000055 0169 SF
For>40, Deduct
Accepted
Quantity x Unit Price x Factor
= LineTotal
Installation SF
4,200.00 x -$1.34 x 1.3600
=-$7,654.08
-$7,654.08
User Note:
12 055969000055 0170 SF
For Galvanized, Add
Accepted
Quantity x Unit Price x Factor
= LineTotal
Installation SF
4,200.00 x $3.92 x 1.3600
= $22,391.04
$22.391 04
User Note:
08 - Openings
$1,412.05
13 087111002257 EA
Entrance/Office F82 Bored Lockset
Accepted
Quantity x Unit Price x Factor
= LineTotal
Installation EA
3.00 x $269.91 x 1.3600
= $1,101.23
$1,101.23
User Note:
14 087111002257
0194
EA
For Satin Stainless Steel US32D (BHMA 630) Finish, Add
Accepted
Quantity x Unit Price x
Factor
LineTotal
Installation
EA
3.00 x $66.73 x
1.3600 =
$272.26
$272.26
User Note:
15 087111002257
0199
EA
For Interchangeable Core, Add
Accepted
Quantity x Unit Price x
Factor =
LineTotal
Installation
EA
3.00 x $9.45 x
1.3600 -
$38.56
User Note:
09 - Finishes $39,308.76
Price Proposal Detail Package Report
Page 4 of 7
Print Date: 11/07/2022 03:38:51 PM EST
Packet Pg. 90
2.5.a
Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
11,C. I,k) City of Edmonds
121 5th Ave N Edmonds, Washington 98020
16 099713230050
Accepted
SF Spray Type 1 Structural Steel Touch -Up And Two 1.5 Mil Alkyd Finish Coats
Quantity x Unit Price x Factor =
Installation SF 100.00 x $2.00 x 1.3600
User Note: Assumed touch up for install
17 099713230050 0345 SF For Up To 100, Add
Accepted Quantity x Unit Price x Factor
Installation SF 100.00 x $1.28 x 1.3600 =
LineTotal
$272.00
LineTotal
$174.08
User Note:
18 099713230067 SF Spray Type 1 Structural Steel 2 Mil Prime And Two 2 Mil Epoxy Polyamide
Cured Resin Finish Coats
Accepted Quantity x Unit Price x Factor = LineTotal
Installation SF 8,530.00 x $3.35 x 1.3600 = $38,862.68
$38,862.68
User Note: coating for fence fabric panels, plates, and attachment clips 8400 sf fabric, 30 sf plates,
100 sf attachment clips
32 - Exterior Improvements $42,208.+L4
19 323113130007 VLF 6" Diameter Hole, Auger By Machine Fence Post Hole In Soil
Accepted Quantity x Unit Price x Factor = LineTotal
Installation VLF 180.00 x $12.79 x 1.3600 = $3,130.99
$3,130.99
User Note: 3' per post X 60 Posts
20 323113130024
Accepted
VLF 6" Diameter, Concrete Fill For Post Hole
Installation VLF
User Note: 3' per post X 60 posts
Quantity x Unit Price x Factor = LineTotal
180.00 x $11.37 x 1.3600 = $2,783.38
$2,783.38
21 323113130089 LF 3" Outside Diameter Galvanized Steel Post, Up To 6' In Length
Accepted Quantity x Unit Price x Factor = LineTotal
Installation LF 780.00 x $16.08 x 1.3600 - $17,057.66
$17.057,66
User Note: 700 LF of posts every 8' per product drawings Added post at each corner 60 @ 3
additional feet for post imbed 40 @ 6' total for plate install
Price Proposal Detail Package Report
Page 5 of 7
Print Date: 11/07/2022 03:38:51 PM EST
Packet Pg. 91
2.5.a
ti
'1
Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
City of Edmonds
121 5th Ave N Edmonds,
Washington 98020
22
323113130089
0138 LF
For SS40 (Hot -Dip Galvanized And Chromated), Add
Accepted
Quantity x Unit Price x Factor
= LineTotal
Installation LF
780.00 x $2.73 x 1.3600
= $2,895.98
$2,895.98
User Note:
23
323113130089
0140 LF
For Powder Coated, Add
Accepted
Quantity x Unit Price x Factor
= LineTotal
Installation LF
780.00 x $8.73 x 1.3600
= $9,260.78
$9,260.78
User Note:
24
323113130096
LF
4" Outside Diameter Galvanized Steel Post, Up To 6' In Length
Accepted
Quantity x Unit Price x Factor
LineTotal
Installation LF
54.00 x $22.66 x 1.3600
= $1,664.15
$1,664.15
User Note:
for gate posts 6 X 9' inctuding below grade- Galvanized and coated
25
323113130096
0138 LF
For SS40 (Hot -Dip Galvanized And Chromated), Add
Accepted
Quantity x Unit Price x Factor
= LineTotal
Installation LF
54.00 x $4.31 x 1.3600
- $316.53
$316.53
User Note:
26
323113130096
0140 LF
For Powder Coated, Add
Accepted
Quantity x Unit Price x Factor
LineTotal
Installation LF
54.00 x $13.78 x 1.3600
= $1,012.00
$1,012.00
User Note:
27 323113130307
Accepted
EA 4' Wide x 6' High Single Gate Galvanized Steel Without Barbed Wire
Quantity x Unit Price x Factor
Installation EA 3.00 x $505.65 x 1.3600
User Note: New man gates in fence
28 323113130307 0181 EA For Powder Coated Gate And Post, Add
LineTotal
$2,063.05
$2,063.05
Accepted Quantity x Unit Price x Factor = LineTotal
Price Proposal Detail Package Report Page 6 of 7
Print Date: 11 /07/2022 03:38:51 PM EST
Packet Pg. 92
2.5.a
Price Proposal Detail Package Report
Version: 2.0
Approved 11/07/2022 03:19:07 PM EST
City of Edmonds
121 5th Ave N Edmonds, Washington 98020
Installation EA 3.00 x $114.14 x 1.3600 = $465.69
$465.69
User Note:
29 323113130307 0182 EA For 1" Mesh Fabric, Add
Accepted Quantity x Unit Price x Factor - LineTotal
Installation EA 6.00 x $190.96 x 1.3600 = $1,558.23
$1,558.23
User Note: double for 1/2" fabric
Proposal Total: $210,458.18
The Percentage of Non Pre -Priced on this Proposal: 0.00%
This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals
and the proposal total is due to rounding of the line totals and sub -totals.
Price Proposal Detail Package Report
Page 7 of 7
Print Date: 11/07/2022 03:38:51 PM EST
Packet Pg. 93
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2.6
City Council Agenda Item
Meeting Date: 12/12/2022
Sole source justification truck
Staff Lead: {Type Name of Staff Lead}
Department: Public Works & Utilities
Preparer: Oscar Anti Ilon
Backround
The City of Edmonds' Purchasing Policies 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.
Staff Recommendation
Approve the sole source procurement on the amount of $165,000
Narrative
This truck will improve snow/ice treatments on city streets with steeper slopes that are often the last to
receive snow removal due to safety concerns. The addition of this vehicle dramatically expands the
City's ability to respond to snow and ice events.
City staff have been diligently sourcing a vehicle to improve the City's snow/ice response and have
located a single source that may have this truck available in the next few weeks. This is the only source
for this truck that City staff have been able to find, as heavy-duty truck manufacturers have been
struggling with manufacturing due to the ongoing shortage of semiconductor chips. This sole source
purchase represents the City's only reasonable opportunity to acquire this truck for the 2022-2023
Winter season.
Attachments:
Dump Truck with Snow Plow Sole Source Justification 12.8.2022
Packet Pg. 95
2.6.a
SOLE SOURCE JUSTIFICATION
The City of Edmonds' Purchasing Policies 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 December 12, 2022 Amount including freight and sales tax $165,000
Department Public Works & Utilities Requestor Oscar Antillon
Description of Purchase/Service 2023 Ford F-550 4 Wheel Drive, 3-yard dump truck with plow
and sander configuration.
Vendor Name Transblue Address 2442 NW Market St., PMB #119
City, State, Zip Code Seattle, WA 98107 Phone Number 425-449-5665
Contact Dave Wescott
Title
Phone: 425-449-5665
Fax: 000-000-0000
E-mail: wescottd(a)_transblue.org
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.
❑ Other — Please explain
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2.6.a
EXPLANATION
This truck will improve snow/ice treatments on city streets with steeper slopes that are
often the last to receive snow removal due to safety concerns. The addition of this
vehicle dramatically expands the City's ability to respond to snow and ice events.
City staff have been diligently sourcing a vehicle to improve the City's snow/ice response
and have located a single source that may have this truck available in the next few
weeks. This is the only source for this truck that City staff have been able to find, as
heavy-duty truck manufacturers have been struggling with manufacturing due to the
ongoing shortage of semiconductor chips. This sole source purchase represents the
City's only reasonable opportunity to acquire this truck for the 2022-2023 Winter season.
The initial negotiated price was for $145,000 however prices in the manufacturing are
changing rapidly and this might change by the time of delivery.
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.
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.
Oscar Antillon, Director Date
Public Works & Utilities
Mike Nelson, Mayor Date
City Project/Budget Number: General Fund
2
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