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2021-03-09 City Council - Full PPW Agenda-2808o Agenda Edmonds City Council ARKS & PUBLIC WORKS COMMITTEE - SPECIAL ZOOM VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 MARCH 9, 2021, 4:00 PM DUE TO THE CORONAVIRUS, MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO VIEW OR LISTEN TO THE COMMITTEE MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. 1. CALL TO ORDER 2. COMMITTEE BUSINESS 1. Public Hospital District No. 2 Grant ILA #2 - LEAP (10 min) 2. Garden and Summer Market Event Contract (10 min) 3. Report on Construction Bids for the 2021 Overlay Program (10 min) 4. Report on Construction Bids for the Phase 11 Waterline Replacement Project (10 min) 5. Presentation of a Supplemental Agreement with Murraysmith for the Phase 9 Sewerline Replacement Project (10 min) 6. Presentation of Professional Services Agreement Ph. 12 Waterline Replacement Blueline Group (10 min) 7. Job Order Contracting (10 min) ADJOURN 3. COUNCIL AGENDA ITEMS Edmonds City Council Agenda March 9, 2021 Page 1 2.1 City Council Agenda Item Meeting Date: 03/9/2021 Public Hospital District No. 2 Grant ILA #2 - LEAP Staff Lead: Angie Feser Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History In October 2020 the Parks, Recreation and Cultural Services Department of the City of Edmonds began offering a new program through their Recreation Services division. The "Learning Enhancement and Activities Program" (LEAP) was developed in response to the COVID-19 pandemic and the Edmonds School Districts' remote learning model. The initial program was funded in part by paid tuition and the Federal Cares Act. The Federal Cares Act Funding expired a the end of 2020. In January and February of 202150% of the LEAP expenses were paid for with Public Hospital District No. 2 (Verdant) grant #1 (attachment #1) and 50% of the expenses were paid for by utilizing the Council Authorized Recreation Division Budget. Since inception the LEAP program has supported 29-31 kids per week and will have delivered 24,971 hours of instructional, social and recreational activity support by the end of March. Staff Recommendation Authorize the City to accept $36,000 in grant funding from the Public Hospital District No. 2 (Verdant) by forwarding the attached Interlocal Agreement (Attachment #2) to the Consent Agenda on March 16, 2021. Narrative Public Hospital District No. 2 (Verdant) has awarded the City of Edmonds a second grant to use for expenses directly related to providing social, emotional and educational support for low-income students in Edmonds through the LEAP program in the amount of $36,000. This funding will assist in lowering the expenses incurred by the Recreation Division for the remainder of the school year April - June 2021. The LEAP program currently serves 31 students, 19 are 3rd - 5th grade and will not be returning to in - person classes this year as announced by the Edmonds School District. The remaining 12 students are in 2nd grade and have the option to return to in -person learning for 2 days per week and rely on LEAP the remaining 3 days or continue in full remote learning utilizing LEAP all 5 days. Many of the students who participate in LEAP have individualized education plans and are thriving from the added support they receive at the Frances Anderson Center. At this time over 80% of the participants are experiencing hardship or qualify for free and reduced lunch and are attending LEAP on a scholarship. Beginning March 1, the Edmonds School District Foundation will be providing free breakfast and lunch to LEAP Packet Pg. 2 2.1 participants to include food provided for students to utilize on Saturday and Sundays. LEAP employs 6 hourly individuals; 4 working 40 hours per week and 2 working between 20 and 25 hours per week. This Verdant grant will cover 50% of the expenses for April, May and June. The remaining expenses will be paid for utilizing the Council Authorized Recreation Division Budget while continuing to seek out additional grant opportunities. Attachments: Attachment #1 Public Hospital district No 2 Snohomish County Interlocal Agreement to Provide COVID- 19 Response January 2021 Attachment #2 C-S415 City of Edmonds LEAP Program April May June 2021 FINAL Packet Pg. 3 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 2.1.a INTERLOCAL AGREEMENT TO PROVIDE COVID-19 RESPONSE: Social Emotional Educational Support for Low-income Students This Agreement is made between Public Hospital District No. 2, Snohomish County, Washington and City of Edmonds to provide a COVID-19 Response distance learning support program for social, emotional, and educational support for low-income students. 1. PARTIES 1.1 Public Hospital District No. 2, Snohomish County, Washington ("PHD2"), a public hospital district formed under Chapter 70.44 RCW; and 1.2 City of Edmonds ("The City"), a Washington municipal corporation. 2. PURPOSE AND PROGRAM 2.1 The purpose of this Agreement is to enable the City to provide a COVID 19 Response distance learning support program referred to as Learning Enhancement and Activity Program (LEAP) to provide social, emotional and educational support for low-income students through the Recreation Services Division of the Parks, Recreation, and Cultural Services Department ("the Program") for the benefit of PHD2 residents. 2.2 On March 23, 2020, Gov. Jay Inslee issued a "Stay Home — Stay Healthy" Order in an effort to minimize COVID-19 exposure. On May 31, 2020 the Stay Home — Stay Healthy order transitioned to a county -by -county phased re -opening plan entitled Safe Start — Stay Healthy. The Program is designed to provide social, emotional, and educational support to low-income students. 3. AUTHORITY 3.1 PHD2 is authorized under RCW 70.44.240 to "contract" with any "legal entity" to "provide any hospital or other health care facilities or other health care services to be used by individuals, districts, hospitals, or others, including providing health care maintenance services." RCW 70.44.007 defines "other health care services" to include "services that promote health, wellness, and prevention of illness and injury." 3.2 The City of Edmonds is a Washington municipal corporation. 4. TERM AND TERMINATION Agreement. C-S402 4.1 The Agreement will begin on the date of the second signature on this PAGE 1 OF 5 Packet Pg. 4 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 2.1.a 4.2 The period for providing the Program is scheduled to begin on January 1, 2021 and end on February 28, 2021. 4.3 This Agreement will expire when the final reporting by the City is accepted and approved by PHD2. 5. OBLIGATIONS OF PHD2 5.1 PHD2 will fund the Program through a single payment of thirty thousand dollars and no cents ($30,000) to be paid within fourteen (14) days of execution of this Agreement with the understanding that the City will fund the balance of the costs for the Program. 5.2 Templates for required reporting by the City will be provided to the City by PHD2. 6. OBLIGATIONS OF THE CITY 6.1 The City will coordinate the Program including staffing, supplies, and scholarships to low-income students to operate the Program at the Frances Anderson Center Monday through Friday, 7:00 am to 6:00 pm. Programming is inclusive of social, emotional and educational supports, is focused on high risk and/or low-income youth and families, and will serve an average of at least 25 students weekly. 6.2 The City will submit a report of activities carried out under the Program, including summaries of results, to PHD2 by March 15, 2021. At a minimum, the City will track and report to PHD2 the number of participants who enroll in the Program, the number of hours of distance learning support provided, and any other relevant tracking data collected and compiled by the City during the course and scope of the Program. 6.3 The City will comply with all local, state and federal laws including, if applicable, the federal Health Insurance Portability and Accountability Act ("HIPAA"). 6.4 The City will use the funds provided by PHD2 only for the Program and will return any portion of the payments that are not used for the Program on or before delivery of the report due on March 15, 2021. 6.5 During the term of this Agreement, the City will give every consideration to suggestions by PHD2 for modifications to the Program to obtain more favorable health outcomes for the participants. 6.6 The City will give credit (logo or language) to PHD2 ("Verdant") in its publicity vehicles about the Program, including but not limited to press releases, annual reports, newsletters, websites, brochures and fliers. Credit should also be given in newspaper interviews about the Program. Electronic communications/websites should also include a link to PHD2's C-S402 PAGE 2 OF 5 Packet Pg. 5 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 2.1.a website. The use of PHD2's logo, when appropriate, is encouraged. PHD2 will provide black - and -white or color versions in digital format. 6.7 The City recognizes that PHD2 is a public agency subject to audit by the Washington State Auditor. The City will provide PHD2 with any accessible information that PHD2 is requested to provide to the Washington State Auditor or otherwise required to provide to the State of Washington or to the Federal Government or pursuant to the Washington Public Records Act. 6.8 If PHD2 determines a breach of this Agreement has occurred, that is, the City has failed to comply with any terms or conditions of this Agreement or has failed to provide in any manner the work or services agreed to herein, the PHD2 will notify the City in writing of the nature of the breach within fourteen (14) calendar days if the deliverables are not on track to be met as anticipated. The City will develop a corrective action plan within fourteen (14) calendar days of delivering notice of the nature of the breach and will specify the proposed completion date for bringing the Agreement into compliance. Determination of sufficiency of the corrective action plan shall be at the sole discretion of PHD2. In the event a corrective action plan is not submitted, or the plan is determined by PHD2 to be insufficient, PHD2 reserves the right to suspend or terminate this Agreement for performance or other reasons solely at the discretion of PHD2. 7. MISCELLANEOUS PROVISIONS 7.1 Relationship of the Parties. The relationship created between PHD2 and the City in this Agreement is strictly that of independent contractors. This Agreement creates no partnership or joint venture between the parties, nor may any officer or employee of one party be considered to be an employee or agent of the other. Further, this Agreement provides no rights to any third parties and may not be relied on by any other person or entity. 7.2 Applicable Law. This Agreement is entered into under the laws of the State of Washington. Any litigation arising from this Agreement must be filed in Snohomish County Superior Court. 7.3 Liability and insurance. The City will indemnify, defend and hold PHD2 harmless from any claims, lawsuits or other actions, and judgments arising in any way from the Program provided under this Agreement. The City will maintain a liability insurance policy of at least $1,000,000 per occurrence during the term of the Agreement and provide proof of coverage upon request of PHD2. 7.4 Entire Agreement; Amendments. This Agreement is complete and integrates all understandings between the parties. No amendment or other change to the Agreement will be binding on either party unless agreed to in writing and signed by each party. 7.5 Severability. If a court of competent jurisdiction rules any part of this Agreement to be invalid, the remainder of the Agreement will still be in full force and effect. C-S402 PAGE 3 OF 5 Packet Pg. 6 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 2.1.a 7.6 Force Majeure. Neither party will be in default or liable for failure to perform its obligations under this Agreement if that failure is due to causes beyond its reasonable control, including but not limited to acts of God, acts of terrorism, fires, floods, windstorms earthquakes, labor disputes or governmental acts. 7.7 Notices and Reporting. The parties agree to accept electronic service of all notifications and reporting, except original service of process. The parties may elect to transmit notices or reports electronically by transmitting such correspondence to the email addresses stated herein below, or to the mailing address stated herein below via United States Postal Service ("USPS") First Class postage prepaid. Any notice or reporting required or otherwise given via USPS under this Agreement will be considered delivered or given when actually delivered or forty-eight (48) hours after being deposited in the U.S. Mail as certified mail. Any notice or reporting required or otherwise given via electronic mail prior to 5:00 pm shall be considered delivered on the date sent. Otherwise, such electronic mail shall be considered delivered as of 9:00 am on the next business day following electronic transmission. To PHD2: Zoe Reese, Director of Community Impact and Grantmaking Public Hospital District No. 2, Snohomish County 4710 196th Street SW Lynnwood, WA 98036 zoe.reese@verdanthealth.org To the Citv: Shannon Burley, Deputy Parks, Recreation, and Cultural Services Director City of Edmonds 700 Main Street Edmonds WA 98020 Shannon.Burley@edmondswa.gov 7.8 Assignment. This Agreement may not be assigned without the written consent of the other party. Each party may consent to or decline a request for assignment by the other party at the sole discretion of the party from which consent is requested. 7.9 No Separate Legal Entity. The parties do not intend that this Agreement creates a separate legal entity. 7.10 Administration of Agreement. The individuals named in Section 7.7, above, will be the joint administrators of this Agreement. 7.11 Property. All real or personal property used by the City for the Program will be held in the City's name for the benefit of the Program. C-S402 [Signatures on next page.] PAGE 4 OF 5 Packet Pg. 7 DocuSign Envelope ID: 37633DBB-1456-4961-A953-03ED3900B1F7 2.1.a AGREED TO: PUBLIC HOSPITAL DISTRICT NO. 2 SNOHOMISH COUNTY, WASHINGTON 5Bfpnad by: f joAr s 2/23/2021 a�ssc �.r ccc�. Date: Lisa Edwards, EdD, Superintendent CITY OF EDMONDS Date: Mi e Nelson, Mayor C-S402 PAGE 5 OF 5 2/24/2021 Packet Pg. 8 2.1.b INTERLOCAL AGREEMENT TO PROVIDE COVID-19 RESPONSE: Social, Emotional & Educational Support for Low-income Students This Agreement is made between Public Hospital District No. 2, Snohomish County, Washington and City of Edmonds to provide a COVID-19 Response distance learning support program for social, emotional, and educational support for low-income students. 1. PARTIES 1.1 Public Hospital District No. 2, Snohomish County, Washington ("PHD2"), a public hospital district formed under Chapter 70.44 RCW; and 1.2 City of Edmonds ("the City"), a Washington municipal corporation 2. PURPOSE AND PROGRAM _J Q z 2.1 The purpose of this Agreement is to enable the City to provide a COVID- 19 Response distance learning support program, referred to as Learning Enhancement and c Activity Program (LEAP), to provide social, emotional and educational support for low-income students through the Recreation Services Division of the Parks, Recreation, and Cultural Services Department ("the Program") for the benefit of PHD2 residents. 2.2 On March 23, 2020, Gov. Jay Inslee issued a "Stay Home — Stay Healthy" Order in an effort to minimize COVID-19 exposure. On May 31, 2020, the Stay Home — Stay Healthy order transitioned to a county -by -county phased re -opening plan entitled Safe Start — Stay Healthy. The Program is designed to provide social, emotional, and educational support to low-income students. 3. AUTHORITY 3.1 PHD2 is authorized under RCW 70.44.240 to "contract" with any "legal entity" to "provide any hospital or other health care facilities or other health care services to be used by individuals, districts, hospitals, or others, including providing health care maintenance services." RCW 70.44.007 defines "other health care services" to include "services that promote health, wellness, and prevention of illness and injury." 3.2 The City of Edmonds is a Washington municipal corporation. 4. TERM AND TERMINATION 4.1 The Agreement will begin on the date of the second signature on this Agreement. 4.2 The period for providing the Program is scheduled to begin on April 1, 2021 and end on June 30, 2021. C-S415 PAGE 1 OF 5 Packet Pg. 9 2.1.b 4.3 This Agreement will expire when the final reporting by the City is accepted and approved by PHD2. 5. OBLIGATIONS OF PHD2 5.1 PHD2 will fund the Program through a single payment of thirty-six thousand dollars and no cents ($36,000) to be paid within fourteen (14) days of execution of this Agreement with the understanding that the City will fund the balance of the costs for the Program. 5.2 Templates for required reporting by the City will be provided to the City by PHD2. 6. OBLIGATIONS OF THE CITY 6.1 The City will coordinate the Program including staffing, supplies, and scholarships to low-income students to operate the Program at the Frances Anderson Center Monday through Friday, 7:00 am to 6:00 pm. Programming is inclusive of social, emotional and educational supports, is focused on high risk and/or low-income youth and families, and will serve an average of at least 25 students weekly. 6.2 The City will submit a report of activities carried out under the Program, including summaries of results, to PHD2 by July 15, 2021. At a minimum, the City will track and report to PHD2 the number of participants who enroll in the Program, the number of hours of distance learning support provided, and any other relevant tracking data collected and compiled by the City during the course and scope of the Program. 6.3 The City will comply with all local, state and federal laws including, if applicable, the federal Health Insurance Portability and Accountability Act ("HIPAA"). 6.4 The City will use the funds provided by PHD2 only for the Program and will return any portion of the payments that are not used for the Program on or before delivery of the report due on July 15, 2021. 6.5 During the term of this Agreement, the City will give every consideration to suggestions by PHD2 for modifications to the Program to obtain more favorable health outcomes for the participants. 6.6 The City will give credit (logo or language) to PHD2 ("Verdant") in its publicity vehicles about the Program, including but not limited to press releases, annual reports, newsletters, websites, brochures and fliers. Credit should also be given in newspaper interviews about the Program. Electronic communications/websites should also include a link to PHD2's website. The use of PHD2's logo, when appropriate, is encouraged. PHD2 will provide black - and -white and/or color versions in digital format. C-S415 PAGE 2 OE 5 Packet Pg. 10 2.1.b 6.7 The City recognizes that PHD2 is a public agency subject to audit by the Washington State Auditor. The City will provide PHD2 with any accessible information that PHD2 is requested to provide to the Washington State Auditor or otherwise required to provide to the State of Washington or to the Federal Government or pursuant to the Washington Public Records Act. 6.8 If PHD2 determines a breach of this Agreement has occurred, that is, the Z City has failed to comply with any terms or conditions of this Agreement or has failed to provide in any manner the work or services agreed to herein, the PHD2 will notify the City in writing of N the nature of the breach within fourteen (14) calendar days if the deliverables are not on track to be met as anticipated. The City will develop a corrective action plan within fourteen (14)LO n calendar days of receiving notice of the nature of the breach and will specify the proposed o completion date for bringing the Agreement into compliance. Determination of sufficiency of the : corrective action plan shall be at the sole discretion of PHD2. In the event a corrective action plan is not submitted, or the plan is determined by PHD2 to be insufficient, PHD2 reserves the a right to suspend or terminate this Agreement for performance or other reasons solely at the Q discretion of PHD2. z 7. MISCELLANEOUS PROVISIONS 7.1 Relationship of the Parties. The relationship created between PHD2 and the City in this Agreement is strictly that of independent contractors. The Agreement creates no partnership or joint venture between the parties, nor may any officer or employee of one party be considered to be an employee or agent of the other. Further, this Agreement provides no rights to any third parties and may not be relied on by any other person or entity. 7.2 Applicable Law. The Agreement is entered into under the laws of the State of Washington. Any litigation arising from this Agreement must be filed in Snohomish County Superior Court. 7.3 Liability and Insurance. The City will indemnify, defend and hold PHD2 harmless from any claims, lawsuits or other actions, and judgments arising in any way from the Program provided under this Agreement. The City will maintain a liability insurance policy of at least $1,000,000 per occurrence during the term of the Agreement and provide proof of coverage upon request of PHD2. 7.4 Entire Agreement; Amendments. This Agreement is complete and integrates all understandings between the parties. No amendment or other change to the Agreement will be binding on either party unless agreed to in writing and signed by each party. 7.5 Severability. If a court of competent jurisdiction rules any part of this Agreement to be invalid, the remainder of the Agreement will still be in full force and effect. 7.6 Force Majeure. Neither party will be in default or liable for failure to perform its obligations under this Agreement if that failure is due to causes beyond its reasonable C-S415 PAGE 3 OF 5 Packet Pg. 11 2.1.b control, including but not limited to acts of God, acts of terrorism, fires, floods, windstorms earthquakes, labor disputes or governmental acts. 7.7 Notices and Reporting. The parties agree to accept electronic service of all notifications and reporting, except original service of process. The parties may elect to transmit notices or reports electronically by transmitting such correspondence to the email addresses stated herein below, or to the mailing address stated herein below via United States Postal Service ("USPS") First Class postage prepaid. Any notice or reporting required or otherwise given via USPS under this Agreement will be considered delivered or given when actually delivered or forty-eight (48) hours after being deposited in the U.S. Mail as certified mail. Any notice or reporting required or otherwise given via electronic mail prior to 5:00 pm shall be considered delivered on the date sent. Otherwise, such electronic mail shall be considered delivered as of 9:00 am on the next business day following electronic transmission. To PHD2: Zoe Reese, Director of Community Impact and Grantmaking Public Hospital District No. 2, Snohomish County 4710 196t' Street SW Lynnwood, WA 98036 zoe.reese@verdanthealth.org To the City: Shannon Burley, Deputy Parks, Recreation, and Cultural Services Director City of Edmonds 700 Main Street Edmonds WA 98020 Shannon.Burley@edmondswa.gov 7.8 Assignment. This Agreement may not be assigned without the written consent of the other party. Each party may consent to or decline a request for assignment by the other party at the sole discretion of the party from which consent is requested. 7.9 No Separate Legal Entity. The parties do not intend that this Agreement creates a separate legal entity. 7.10 Administration of Agreement. The individuals named in Section 7.7, above, will be the joint administrators of this Agreement. 7.11 Property. All real or personal property used by the City for the Program will be held in the City's name for the benefit of the Program. AGREED TO: C-S415 [Signatures on next page.] PAGE 4 OF 5 Packet Pg. 12 PUBLIC HOSPITAL DISTRICT NO. 2 SNOHOMISH COUNTY, WASHINGTON Lisa Edwards, EdD, Superintendent CITY OF EDMONDS Mike Nelson, Mayor C-S415 Date: Date: J a z U- PAGE 5 OF 5 Packet Pg. 13 2.2 City Council Agenda Item Meeting Date: 03/9/2021 Garden and Summer Market Event Contract Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History The Council authorizes Event Agreements on behalf the City of Edmonds. In 2020 all but one contracted special event ("The Market") was cancelled due to COVID. The Market was deemed not only allowable but was considered essential as a food provider. At the direction of the Snohomish County Health Department the Market instituted several safety measures and was able to deliver much needed support to local farmers and fresh food to the community. At this meeting City Staff is presenting the Event Agreement for the Garden and Summer Market provided by the Historical Society. If guidelines are lifted such that larger outdoor gatherings are allowable there may be future special event contracts brought forth. Staff Recommendation Staff recommendation is the Parks & Public Work Council Committee support the Event Agreement between the City of Edmonds and Edmonds -South Snohomish County Historical Society to provide the 2021 Garden and Farmers Market program and forward it to the March 16, 2021 consent agenda. Approval on consent would authorize the Mayor to sign the contract. Narrative The Event Agreement is very similar to the agreement in previous years. The Historical Society is required to meet the health and safety guidelines set forth by the Snohomish County Health Department. The Garden Market (smaller market) will run on Saturdays from May 1- June 12 and the expanded Summer Market will run on Saturdays from June 19 - October 9, 2021. The contract has been reviewed and approved by our internal team (police, fire, public works, parks, planning, economic development) and by the City Attorney. Attachments: Attachment 1_2021 Market Contract Packet Pg. 14 2.2.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates — May 1-October 9, 2021 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds -South Snohomish County Historical Society has operated in the past a spring market and a summer market, providing a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small business persons and their products; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, these events promote tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; and WHEREAS, the City Council finds that the markets provide an important opportunity for local farmers to provide fresh food to the community, which is essential during the COVID-19 pandemic; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City. 1.1 Garden Market (May 1 through June 12): The City will provide use of the right of way on Bell Street between 5th and 61h Avenues as outlined in Attachment A for farmer/producer- based vendors each Saturday. 1.2 Summer Market (June 19 through October 9): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Bell and Main Streets as outlined in Attachment B for farmer/producer-based vendors each Saturday. 1.3 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Garden Market and Summer Market. 1.4 The City will allow food truck parking on 51h Avenue N, just north of the Public Safety Complex south parking lot entrance as outlined in Attachment B during the Summer Market. Trucks must be placed in a way that allows for visibility while exiting the parking lot. The reserved space for food truck parking outside of the Bell and 5th street closures will not exceed 40 feet. Food trucks must distribute their goods on the sidewalk side, not the street side, of the truck. Packet Pg. 15 2.2.a 1.5 All use and configuration of tents and other temporary facilities used in the Garden Market and Summer Market will be inspected and reviewed prior to the event by the Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open -Air Market Ordinance. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. Also, all participants will be required to adhere to all provisions of State and local law to ensure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. 1.6 The City will install Summer Market banners as provided by Historical Society at approved sites. Historical Society will obtain a Street Banner Permit and pay the required fee. 1.7 The City will place six barricades behind the Museum prior to May 1 for the duration of the Garden Market and Summer Market. 1.8 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.9 The City will install appropriate "No Parking Saturdays" signage on Bell Street by April 27, 2021 and on 5th Avenue North by June 15, 2021. 1.10 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 1.11 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:OOam. A City employee will perform routine maintenance in the restrooms mid -day. The City will maintain responsibility for locking the restrooms in the evening. City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society. 2.1 Garden Market (May 1 through June 12) and Summer Market (June 19 through October 9) 2.2 Set up hours begin at 6:OOam on Saturdays on 5t" Avenue and 7:OOam on Saturdays on Bell Street. 2.3 During the Garden Market and Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Garden Market and Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30am, the police will proceed to have violating vehicles towed. Packet Pg. 16 2.2.a 2.5 For the Garden Market, street barricades are in place at 7:00am and Summer Market street barricades are in place at 6:30am on Saturday and removed by 5:00pm for both. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00am at the latest. 2.6 The Historical Society will provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. The City will be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming the City as additional insured will be attached to the Certificate of Insurance. The insurance policy will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The insurance policy will contain, or be endorsed to provide, that the Historical Society's insurance coverage will be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City will be in excess of the Historical Society's insurance and will not contribute to it. The Historical Society will provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A: VII. 2.7 The Historical Society agrees that the Garden Market and Summer Market are public events. The Historical Society further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.8 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.9 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked recycling containers throughout the Garden Market and Summer Market event areas for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.10, below). 2.10 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Garden Market and Summer Market events will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on -site collection of compostable and recyclable materials and garbage from Packet Pg. 17 2.2.a event participants, using designated color -coded collection containers. The Historical Society will ensure that on -site collection containers are serviced properly and continually during the Garden Market and Summer Market events. The Historical Society representative will meet with the City's Recycling Coordinator or representative prior to April 29, 2021, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.11 The Historical Society will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.12 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.13 In addition, the Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Garden Market or Summer Market events or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the events described in this Agreement. 2.14 Historical Society agrees to the following Market days: Garden Market: Saturdays, May 1 through June 12, 2021 Summer Market: Saturdays, June 19 through October 9, 2021 Historical Society agrees to the following Market hours of operation: Set up: 6:OOam - 9:OOam (6:OOam start on 5tn Avenue; 7:OOam start on Bell Street) Open: 9:OOam - 2:OOpm Takedown: 2:OOpm - 3:30pm 2.15 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in these events. 2.16 Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of these events. Packet Pg. 18 2.2.a 2.17 Historical Society will provide a portable sani-can at 537 Bell Street 2.18 Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the two (2) garbage cans located in Veteran's Plaza two (2) times per event and monitoring and prompt cleanup of any and all spills. 2.19 Individual vendors are responsible for packing out all of their own garbage. Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.20 Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.21 Upon the completion of the events, Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the events. 2.22 Historical Society will pay the City all permit fees, in accordance with provisions of open-air market, Ordinance #3015, for the above -mentioned facilities use and services at least ten (10) days prior to the events. 2.23 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.24 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event Packet Pg. 19 2.2.a of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Historical Society will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Historical Society in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all public health and safety guidelines and requirements of the federal government, the State of Washington, and the City in relation to the COVID-19 pandemic. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Historical Society shall consult this information regularly during the course of the events to ensure that the latest guidelines and requirements are promptly implemented. DATED this day of CITY OF EDMONDS: Mike Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2021. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: By: Its: _ Date: Packet Pg. 20 2.2.a Attachment A. fl � ram+ 1 0 Co (D (D m ❑, ro o � Q � n � 0 0 0 (D a r ai 0 C rr T O G) a! 2 fD ai F fD rr Packet Pg. 21 2.2.a Attachment B. Z m LA I m (D rt wnaSnW Z W O 7 Coo rD m r Q 6 7 h r ill o N p C N O rr M (OD- r N = rD 7 L, V Q 0 T 3 3 O 06N fD v n � T v � z O - � 7 N rr 2 C ,fir fl N S N N M (Cp c(D c N h O M A C Q M D N r C AJ014 .and u�5 WON Packet Pg. 22 2.3 City Council Agenda Item Meeting Date: 03/9/2021 Report on Construction Bids for the 2021 Overlay Program Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History None. Staff Recommendation Staff will provide the bid results and may provide a recommendation to the committee to forward the item to the consent agenda to award the construction contract at the March 16th City Council meeting. Narrative This project is a continuation of the City's annual program to rehabilitate and preserve its street network. The project will use REET and 112 funds to pave streets in poor condition that have a low pavement condition index rating. The project will also use utility funding (Water, Stormwater and Sewer) to pave streets where recent utility improvements have been completed. This year's program will pave approximately 3.9 lane -miles of City streets. Refer to attached project map. Seven construction bids were received on March 4, 2021. The bid results and a possible recommendation to award the contract may be provided at the March 9th committee meeting. Attachments: 2021 Overlay Project Map Packet Pg. 23 City of Edmonds Mapbook 2.4 City Council Agenda Item Meeting Date: 03/9/2021 Report on Construction Bids for the Phase 11 Waterline Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History None. Staff Recommendation Staff will provide the bid results and may provide a recommendation to the committee to forward the item to the consent agenda to award the construction contract at the March 16th City Council meeting. Narrative This project is part of the City's program to replace and upgrade existing waterlines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or have some other existing system deficiency. The project will replace waterline piping with associated services, meters and fire hydrants at various locations around the City. Refer to the attached project map. Four construction bids were received on March 3, 2021 and the preliminary bid results for the base bid ranged from a low of $1,522,683.72 to a high of $1,636,428.29. The engineer's estimate was $1,505,083.20. The apparent low bid was provided by SRV Construction, Inc. Staff is reviewing the bid documents from each contractor and a possible recommendation to award the contract may be provided at the March 9, 2021 committee meeting. Construction is expected to begin in April or May and be completed in the fall of 2021. The project costs are being funded by the 421 Water Utility Fund. Attachments: Phase 11 Project Map Packet Pg. 25 City of Edmonds Mapbook 2.5 City Council Agenda Item Meeting Date: 03/9/2021 Presentation of a Supplemental Agreement with Murraysmith for the Phase 9 Sewerline Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On February 18, 2020 Council approved MurraySmith to be the consultant to provide design services for the Phase 8 and Phase 9 Sewerline Replacement Projects and authorized the mayor to sign the Professional Services Agreement for the projects that were scheduled to be designed as part of the Phase 8 Sewerline Replacement Project. Staff Recommendation Forward the item to the consent agenda for approval at the next Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in November 2019 to hire a consultant to provide design engineering services for the Phase 8 and 9 Sewerline Replacement Projects. The City received statements of qualifications from four engineering firms and the selection committee selected MurraySmith to provide design engineering services for the Phase 8 and 9 Sewerline Replacement Projects. On February 18, 2020 Council approved MurraySmith to be the consultant to provide design services for the Phase 8 and Phase 9 Sewerline Replacement Projects and authorized the mayor to sign the Professional Services Agreement for the projects that were scheduled to be designed as part of the Phase 8 Sewerline Replacement Project. A separate contract has now been negotiated for projects planned to be constructed in 2022. The City has negotiated a consultant fee of $419,885. This agreement will allow MurraySmith to provide services for the design of this project. This contract will be funded by the Sewer Utility Fund. The selection of sites were determined using the data supplied in the 2013 Comprehensive Sewer System Plan, coordinating with upcoming road, water, and storm drain projects, and input from Public Works maintenance staff. Projects will focus on replacement of pipes that have minimal slopes and existing pipe damage/degradation that cannot be addressed via trenchless construction methods. Attachments: MSA Supplemental Agreement Map of Phase 9 Sewer replacement design projects Packet Pg. 27 2.5.a nl CDt19p�� CITY OF EDMONDS MIKE NELSON 121 5T" AVENUE NORTH • EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 MAYOR Website. www edmondswa,gov f890 19�° PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Phase 9 Sewerline Replacement Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and Murraysmtih, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Phase 9 Sewerline Replacement Project, dated February 20, 2020; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing engineering services, NOW, THEREFORE, in consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of February 20, 2020 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $371,912 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $419,885 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $791,797 ($371,912 plus $419,885). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. Packet Pg. 28 2.5.a 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreement No. 1 but only as set forth herein. DONE this day of , 20 CITY OF EDMONDS MURRAYSMITH By: Michael Nelson, Mayor ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: Tom Lindberg, PE I Principal Engineer s a Packet Pg. 29 2.5.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: s a \\edmsvr-deptfs\Engineering\Staf \Megan\Engineering Admin\PROJECTS\E2IGA.Ph 9 Sewerline ReplacemenAMurraysmith.Supp Ldoc Packet Pg. 30 2.5.a EXHIBIT A SCOPE OF WORK 2022 (Phase 9) Sewerline Replacement Project City of Edmonds Introduction/General/Background This Scope of Services has been separated into multiple different tasks for clarity and is described in detail below. ■ Task 1: Project Management ■ Task 2: Data Collection and Utility Coordination ■ Task 3: Preliminary Design ■ Task 4: Final Design ■ Task 5: Bidding Assistance (Limited) ■ Task 6: Engineering Support During Construction (Limited) ■ Task 7: Survey Services (DHA) ■ Task 8: Geotechnical Engineering Services (HWA) ■ Task 9: Potholing Services (APS, Limited) ■ Task 10: Unanticipated Task Reserve (As Needed) Project Understanding and Assumptions Murraysmith has developed the following scope of work and fee estimate to provide engineering services for the City of Edmonds (City) 2022 (Phase 9) Sewerline Replacement Project. This is the second phase of a 2-year program that is accomplished through two (2) separate design -bid -build packages with the first set of sites constructed in Phase 8 and the second set of sites constructed in Phase 9. This scope includes preliminary and final design engineering services for all sites in Phase 9, except Site 4 which was completed to the preliminary design level as part of Phase 8. The specific project locations and phasing were reviewed with the City and are described below. 2022 (Phase 9) Sewerline Replacement Sites ■ Site 1: 76th Avenue W, from 239th Place SW south to 241st Street SW, east along 241st Street SW, south along Beeson Place, extending east in a sewer easement onto Private Property. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement February 2021 1 Packet Pg. 31 2.5.a ■ Site 2: Olympic View Drive, from 180th Street SW south to 7601 Olympic View Drive, east across Private Property to 70th Avenue W, including 180th Street SW and Private Properties off of Olympic View Drive. ■ Site 3: Alley between 3rd Avenue N and 4th Avenue N, from Main Street northeast to Bell Street. ■ Site 4: 203rd Street SW, from 77th Avenue W, along 203rd Street SW through Private Property to 7803 202nd Place SW. Scope of Services Consultant will perform the following services. Task 1 - Project Management Objective Provide overall leadership and team guidance aligned with City staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Activities 1.1 Correspondence and Coordination with City All communication will be coordinated through the City's Project Manager. Correspondence with the City Project Manager via phone conversations and e-mail will include the communication of project decisions, project status, work activities, and issues requiring City input. 1.2 Budget Review, Invoices and Progress Reports Murraysmith's Project Manager will monitor project costs and manage budget and billing tasks, including preparation and submission of monthly invoices and progress reports. 1.3 Kick-off and Project Coordination Meetings Prepare for and conduct project kick-off meeting with City staff and key team members to discuss the project, review project schedule, and discuss key elements of the project. In addition, prepare for and conduct up to three (3) project coordination or review meetings with City staff to discuss project elements. Prepare meeting agenda and record meeting summary to document items discussed and transmit to City. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 2 G:\PDX_BD\Cllents\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To Gty\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A- 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docx Packet Pg. 32 2.5.a 1.4 Quality Assurance/Quality Control (QA/QC) Perform in-house quality assurance reviews of all deliverables. Deliverables ■ Correspondence, emails, and other documentation ■ Consultant shall deliver to the City a monthly invoice and status report covering: o Work on the project performed during the previous month o Meetings attended o Problems encountered and actions taken for their resolution o Potential impacts to submittal dates, budget shortfalls, or optional services ■ Kick-off meeting agenda and summary ■ Project coordination meeting agenda and summary Assumptions ■ Consultant assumes a Notice to Proceed date by April 1, 2021. ■ Consultant will prepare for and attend one (1) kick-off meeting and up to three (3) project coordination or review meetings during the design phase. Meetings shall be two (2) hours in duration, attended by two (2) staff. ■ Project duration will be 12 months; therefore, it is assumed that there will be up to 12 progress payments/status reports. Task 2 — Data Collection and Utility Coordination Objective This task consists of data gathering and utility coordination work. City Involvement ■ CCTV inspection and deficiency reports ■ Provide all available as -built documents for City facilities Activities 2.1 Data Collection and Review Work under this subtask includes gathering and reviewing all relevant data to complete the preliminary engineering tasks. A number of documents and reports will be requested and City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 3 G:\PDX—BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docx Packet Pg. 33 reviewed as part of this task, including record drawings and CCTV inspections and deficiency reports. Murraysmith will develop a formal "Request for Information" process and coordinate with the City during data collection to ensure all necessary information is gathered for the project. This will also include obtaining the City of Lynnwood's construction standards for Site 2. 2.2 Utility Coordination and Analysis Collect and review existing available utility system mapping, perform a utility conflict analysis, and identify potential utility conflicts. Develop a list of potential conflict locations to obtain specific utility information including dimensions, location, and depth, utilizing potholing techniques on an as -needed basis. Potholing, if needed, will be completed under Task 9. Deliverables ■ Electronic copy of formal "Request for Information" Assumptions ■ Murraysmith will review relevant data for all project locations. Task 3 — Preliminary Design Objective This task provides for preliminary engineering design services for the proposed Phase 9 sanitary sewer replacement project sites, with exception of Site 4, which was designed to the preliminary design level under Phase 8. City Involvement ■ Complete review of the preliminary design drawings, engineer's opinion of probable construction cost and all supporting documentation with verbal or written comments. City review period is assumed to be two (2) weeks. ■ City to prepare and submit any required JARPA to Department of Ecology or Washington Department of Fish and Wildlife. ■ Take the lead in coordinating all State and Federal permits. Activities 3.1 Plans (30% Design Completion Level) Using the project information developed in the previous tasks, prepare preliminary design drawings to the 30% design completion level. Preliminary drawings will show plan and profile views City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 4 GAPD%—BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docx Packet Pg. 34 2.5.a and major project elements. Drawings will be developed at 1 inch=20 feet scale in AutoCAD electronic format. The drawings will be prepared and submitted to the City for review and comment. 3.2 Engineer's Opinion of Probable Construction Cost A preliminary engineer's opinion of probable construction cost to 30% design completion level will be developed and include a schedule of estimated quantities, unit prices, and total preliminary construction cost for the project. 3.3 Permitting Support (Limited) Provide assistance as required in developing figures, preliminary plans, information, and supporting graphic documentation for permits prepared and submitted by the City. Deliverables 1. One (1) electronic copy in PDF format of the 30% design drawings 2. One (1) electronic copy of engineer's opinion of probable construction cost 3. Electronic copy of 30% design drawings in AutoCAD Civil 3D 2019 format Assumptions ■ Project Contract Documents including specifications will not be prepared for the preliminary design phase. ■ Murraysmith will follow the City's cost estimating policy in preparing the Engineer's Opinion of Probable Construction Cost. ■ Cost estimates for each site will be prepared as separate bid schedules. ■ Preliminary design will be completed for Sites 1, 2, and 3. ■ Preliminary design of Site 4 completed during Phase 8 work will be incorporated into the preliminary design. ■ Preliminary design plans to include plan and profile sheets. ■ At Site 1, a Shoreline Permit will not be required, as the segment within the 200-foot buffer of Lake Ballinger is replacement of the existing sewer and is therefore classified as a maintenance/replacement project. Critical Areas Study and a Mitigation Report will not be required for this site. ■ At Site 2, the Critical Areas Study and the Mitigation Report related to the crossing of the Perrinville Creek and associated wetland buffer is not a part of this scope of work. Work City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 5 G:\PDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Flnal Scope and Fee 2021-03-04\Exh A - 2022 (Phase 9) Sewerhne Replacement Scope_FINAL revised.docx Packet Pg. 35 2.5.a for finalizing the study and report will be completed under the 2021 (Phase 8) Sewerline Replacement scope of work. ■ The City is responsible for any SEPA/DARPA/HPA requirements for the project sites. Task 4 —Final Design Objective This task will produce final plans for the project with direction from the City received in the preliminary design work task for the sites that will be incorporated into the 2022 (Phase 9) Sewerline Replacement bid package. Final design plans will be presented at the 60% and 90% completion level for review by the City. Final bid ready plans at the 100% completion level will incorporate all prior review comments and will be suitable for bidding. City Involvement ■ Complete review of the documents at 60% and 90% design completion level with verbal or written comments. City review period for the submittal is 2 weeks. ■ Provide electronic files and periodic updates of text, forms, schedules, and other components of the contract documents, including preferred front-end sections. ■ AutoCAD drawings of standard details to be incorporated into the contract documents. ■ Take the lead in coordinating all State and Federal permits. ■ Attendance and participation in coordination meetings with City of Lynnwood for Site 2 Activities 4.1 Plans, Specifications, and Estimate (60% and 90% Design Completion Level) A. The preliminary design drawings (30% design completion level) will be revised and further developed to incorporate comments from the City's review of the preliminary design. Develop design plans and engineer's opinion of probable construction cost to approximately 60% and 90% design completion level. A preliminary list of drawings anticipated in the complete plan set is shown below; actual list may differ depending on final set of improvements to be designed. Drawing No. Description General G1 Cover Sheet, Vicinity Map, List of Drawings G2 Legend and Abbreviations G3 General Notes City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 6 G-\PDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A- 2022 (Phase 9) Sewerlme Replacement Scope_FINAL revised.docx Packet Pg. 36 2.5.a G4 through G5 Survey Control Plan and Notes Civil C1 through C17 Sewer Plan and Profile D1 through D6 Civil Details B. Murraysmith will prepare technical specifications and appendices to support the design, which will be included in the project Contract Documents. Specifications will be prepared based on the WSDOT Standard Specifications, latest edition, and the City's standard supplemental special provisions. C. An engineer's opinion of probable construction cost will be developed and will include a schedule of estimated quantities, unit prices, and total construction cost for the project. D. Submit 60% and 90% design packages, including complete plan set, specifications, and engineer's opinion of probable construction cost, to the City for review and comment. 4.2 Final Bid Ready Plans, Specifications & Estimate A. The 90% design package will be revised and further developed to incorporate comments from the City's review of the 90% design. Develop design plans and engineer's opinion of probable construction cost that are ready for bidding. Revise bid proposal quantities to reflect a bid -ready design package. B. Submit stamped and signed bid -ready Contract Documents to City for distribution. 4.3 Constructability Review Provide a limited constructability review of the proposed improvements and identify issues that could affect the construction of the improvements as designed or the construction schedule. 4.4 Coordination with the City of Lynnwood Site 2 discharges into the City of Lynnwood's collection system. Contact the City of Lynnwood to review the project and identify any project constraints or requirements. Deliverables ■ Submissions for 60% and 90% design packages include an electronic copy in PDF format of plan set, specifications (also in MS Word), engineer's opinion of probable construction cost and breakdown of quantities by sheet in MS Excel via email. ■ Electronic copy of 60%, 90%, and 100% design drawings in AutoCAD 2019 Civil 3D format via email ■ Final bid ready plans and specifications in PDF format via email City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 7 G:\PD% BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docx Packet Pg. 37 2.5.a Assumptions ■ Murraysmith shall apply a Washington Professional Engineer's stamp with signature and date on the final bid -ready edition of the design plans and specifications. ■ Review comments will be received in a complete, single submittal. Multiple rounds of review comments on the same design completion submittal are not anticipated. ■ Contractor shall be responsible for the development of traffic control and erosion control plans. ■ City to coordinate and submit bid -ready contract documents to Builders Exchange or similar service. ■ Murraysmith will follow the City's cost estimating policy in preparing the Engineer's Opinion of Probable Construction Cost. ■ Cost estimates and design plans for each site will be prepared as separate bid schedules ■ Restoration Plan sheets will not be developed. Task 5 — Bidding Assistance (Limited) Objective This task includes supporting the City on an as -needed basis, providing assistance during bidding of the Phase 8 project. City Involvement ■ Take the lead in tasks associated with printing bid documents, document distribution, bid advertisement, addenda distribution, plan holder administration, bid evaluation, bid tabulation, etc. ■ Host the pre -bid conference. Activities 5.1 Bidder Inquiries and Addenda Respond to questions from bidders, subcontractors, equipment suppliers, and other vendors regarding the project, plans, and specifications. Maintain a written record of communications during the bidding process. Prepare and provide information for the issuance of any addenda as necessary to clarify the contract documents. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 8 G-\PDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerlme Replacement Scope FINAL revised.docx Packet Pg. 38 2.5.a Deliverables ■ Draft addenda as required for the City to distribute to plan holders Assumptions ■ Murraysmith's support services during bidding will be performed up to the extent of the fee estimate for the Bidding Support task, unless otherwise approved in advance by the City through a budget amendment or authorization to invoice against the Unanticipated Task Reserve budget. ■ Murraysmith will not charge for addenda if they are needed to correct or clarify errors or omissions in the bid documents. Task 6 Engineering Support During Construction (Limited) Objective This task represents minimal involvement by Murraysmith during construction in support of the City's on -site inspector and construction management staff for the Phase 9 project. Murraysmith's services will be provided on an as -needed basis and will be limited to incidental support and periodic collaboration with the City and the construction contractor, all at the direction of the City. City Involvement ■ Initial review of all requests for information ■ Full-time on -site inspection and take the lead in administrating and managing the construction contract and communicating with the construction contractor ■ Single copy of complete and fully coordinated construction markups for production of record drawings Activities 6.1 Pre -Construction Conference Attend a pre -construction conference for the project and provide support to the City for specific agenda items. 6.2 Clarifications and Changes At the request of the City, Murraysmith will assist with issuing clarifications to the construction contractor and producing design changes if necessary. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacemer` March 2021 9 GAPDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A- 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docx Packet Pg. 39 2.5.a 6.3 Record Drawings (As -built Drawings) Prepare record drawings in AutoCAD to indicate changes made during construction, based on notes and sketches provided by the City. Deliverables ■ Written clarifications and design plan modifications, as requested ■ One (1) electronic copy in PDF format of record drawings ■ Electronic copy of record drawings in AutoCAD Civil3D 2019 format Assumptions ■ Murraysmith will not be involved in construction meetings, on -site construction observation/inspection, submittal review, and other construction administration/ management activities not identified above. ■ Murraysmith's support services during construction will be performed up to the extent of the fee estimate for the Construction Management Assistance task, unless otherwise approved in advance by the City through a budget amendment or authorization to invoice against the Unanticipated Task Reserve budget. ■ For the purpose of developing this scope of work and associated fee estimate, two (2) clarifications and one (1) design change are anticipated. ■ Geotechnical monitoring and compaction testing services during construction will be provided by a firm retained by the City. Task 7 — Survey Services (DHA) Objective This task will provide surveying and base mapping services prepared by a licensed professional surveyor, which will be used to produce the design plans for the Phase 9 sites with previously completed survey segments from Phase 8 for Site 2. Surveying will be conducted by Murraysmith's subconsultant Duane Hartman & Associates, Inc. (DHA). Murraysmith will coordinate the extent of the survey and review and provide comments on the base mapping to the surveyor. City Involvement ■ City crews will locate and surface mark all water service connections, sewer laterals and storm laterals in advance of field surveys. ■ Review electronic copy of base map and provide written comments. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 10 G'\PD%_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Protect 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A- 2022 (Phase 9) Sewerline Replacement Scope FINAL revised.docx Packet Pg. 40 2.5.a ■ Coordinate right -of -entry for surveying on private property. Activities 7.1 Control Horizontal control (NAD 83/91) and vertical control (NAVD 88) shall be established from the nearest approved City control monument for each of the various project sites. Control monument selection and survey methodology to be used shall be coordinated with and approved by the City prior to beginning the control survey. All survey control work shall be recorded in a field book. 7.2 Utility Locates Order and perform design locates (surface markings) of all known underground utilities and coordinate with City crews to physically locate all water service and sewer connections in the field, and incorporate those locations into the base maps. All other underground utility lines and services to be approximated based on painted surface markings and/or existing record as -built drawings obtained. 7.3 Survey Scope Show all known utilities including individual service lines, water meters, curb stops, water and gas valves, manholes, catch basins, power poles, buried power lines, etc. Survey the painted utility locate marks and coordinate the survey with utility locate personnel. Provide invert elevations of pipes, swales, ditches, or other conveyances for surface runoff, and lid and invert elevations for catch basins and manholes. Show right-of-way, centerline, property boundaries, and easements on plans. Locate and map all private structures within City right-of-way and easements. Show property lines and field check street addresses. Existing City sewer easement documentation will be reviewed and verified to confirm existing easement locations. 7.4 Base Mapping The preliminary survey base map will be submitted electronically for review in PDF format. Base mapping will be provided at a scale of 1 inch=20 feet and topographic contours at 2-foot intervals. Provide full-size hard copies of the final survey control drawing for project use. 7.5 Boundary Survey & Easement Development & Staking (As Needed) Work under this subtask will be performed on an as -needed basis and will include a boundary survey, sewer easement generation, and sewer easement staking. This subtask will be authorized by the City prior to beginning work, should the City determine this work is necessary. Work will include researching platted and recorded surveys in Snohomish County Assessor's office. Field surveyors will locate controlling monuments to generate property boundaries. Existing site features and sanitary sewer manholes will be located and shown on the Record of Survey. Sewer City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 11 G:\PDX_BD\Cl`ents\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope FINAL revised.docx Packet Pg. 41 2.5.a easements will be created as instructed for width over the affected parcels. The easements will be shown on the Record of survey for each of the parcels. Easement will be staked in the field as specified in width and length. Deliverables ■ Base mapping at scale of 1 inch=20 feet and topographic contours at 2-foot intervals. ■ Copies of field notes, field book with survey control data, computer listings, and computer readable files of the survey data points. ■ Survey control drawing that is stamped and signed by a professional land surveyor. ■ Digital AutoCAD files containing boundary survey, easements, and associated sanitary sewer and property information. Assumptions ■ Topographic survey will be prepared for all sites. ■ Right-of-way limits will be shown using available GIS and AutoCAD information. ■ Surveyor will provide private utility locator to perform locating services. ■ The portion of Site 2 surveyed under Phase 8 will be incorporated into the project basemap. The area between Olympic View Drive and 76th Avenue W will not be re- surveyed. ■ Survey of Site 4 is not included as part of this scope of work. ■ Easements over existing sewer main and all adjacent Private Properties will be shown on the survey. ■ Field stake and prepare up to five (5) easement documents. Each easement document will be two (2) pages consisting of a map exhibit, and a legal description page containing square footage and acreage, signed and sealed by professional land surveyor. ■ Easement boundary surveys will be recorded with the Snohomish County Assessor's office and PDF copies will be sent to the City. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 12 G;\PDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope_FINAL revlsed.docx Packet Pg. 42 2.5.a Task 8 — Geotechnical Engineering Services (HWA) Objective Murraysmith's geotechnical engineering subconsultant, HWA GeoSciences, Inc. (HWA) will conduct a geotechnical investigation including field investigations (borings), laboratory testing, technical evaluation, and design recommendations for Sites 1, 2, and 3. City Involvement ■ City crews will locate and surface mark all water service connections and sewer laterals in advance of borings. ■ Provide right-of-way use permit and City owned utility locates for exploration program. ■ Review proposed boring locations and make site visit to confirm proposed exploration program. ■ Provide available existing geotechnical investigation documents from past projects within the project vicinity. ■ Review and provide comments on the Draft Exploration Plan. ■ Review and provide comments on the Draft Geotechnical Engineering Report. Activities 8.1 Review Available Geotechnical Information Review available geotechnical information from and in the vicinity of the project sites to get a better idea of the general geology of the site and surrounding area. This includes review of geologic maps, HWA's library of geotechnical information in the area, and data from online databases. 8.2 Obtain City Street Use Permit Traffic control plans will be generated for the proposed drilling at Sites 1 and 2 where required drilling will be within the roadway and is anticipated to impact traffic. A WSDOT standard traffic control plans, requiring lane closures with flaggers, are anticipated to be adequate for this project. All required rights of entry and street use permits will be provided by the City at no cost. 8.3 Coordinate with the of City for Work Within Private Property HWA will work with Murraysmith and the City for permission to drill within private properties for sites where sewer lines run through private properties. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 13 G:\PDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope FINAL revised.docx Packet Pg. 43 2.5.a 8.4 Plan and Coordinate Field Exploration Program HWA will plan and coordinate the geotechnical field exploration program for this project. Following the City's Geotechnical Engineering requirements for Utility Project Design, HWA proposes to drill at least five (5) boreholes at least 5 feet deeper than the proposed excavations. Borings will be extended deeper (to at least twice the excavation depth) if the conditions encountered indicate that dewatering with wells may be required. For estimating purposes, it is assumed one (1) site may need dewatering with wells (Site 1 due to its close proximity to Lake Ballinger). HWA will coordinate with a flagging subcontractor to complete this phase of work where necessary. The exploration plan will be submitted to the City for review and approval prior to the start of field work. 8.5 Complete Utility Locates HWA will notify the one -call utility and engage a private locating service to have underground utilities located in the vicinity of the proposed borings. 8.6 Conduct Geotechnical Borings A truck -mounted drill rig equipped with hollow -stem auger will be used to drill the geotechnical borings. Borings anticipated include two (2) each at Sites 1 and 2, and one (1) at Site 3 for a total of five (5) borings. Standard Penetration Test (SPT) samples will be taken at 2-1/2 to 5-foot intervals throughout each boring. A groundwater monitoring well will be installed in the boring located near Lake Ballinger (Site 1) so that ground water levels can be monitored. The monitoring well will be monitored and logged under full-time observation of an HWA representative. The boring will be drilled by a licensed geotechnical/well driller under subcontract to HWA. 8.7 Generate Boring Logs and Assign Laboratory Testing Samples retrieved from explorations will be sealed in plastic bags and taken to HWA's Bothell, Washington laboratory for further examination and testing. Selected samples will be tested to determine relevant engineering and index properties. Depending on the type of soils encountered, laboratory testing performed may include moisture content, grain -size distribution and Atterberg limits. Soil and laboratory test information will be presented in summary boring logs that will be generated upon completion of the exploration program. 8.8 Obtain Groundwater Information from Monitoring Well HWA will install a water level data logger and a barologger in the well, that will be extracted from the well and the data downloaded after 12 months. The groundwater level data obtained will be provided in HWA reports. However, if the last round of data is not available at the time of the issuance of HWA's final report a simple letter report will be prepared to summarize the site groundwater data collected. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 14 G:\PDX RD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope_FINAL rewsed.docx Packet Pg. 44 2.5.a 8.9 Dewatering Evaluation If groundwater is encountered, a hydraulic conductivity analysis will be performed. HWA will evaluate the data derived from the field investigation and ground water monitoring program to develop recommendations for construction dewatering. Hydraulic conductivity will be estimated using grain size distribution. Field measurement of hydraulic conductivity/flow rate is not included in this scope of work. 8.10 Temporary Shoring Pressure Diagrams HWA will recommend lateral earth pressures for shoring design where open excavations are required to complete the proposed sewer replacements. 8.11 Draft and Final Geotechnical Report HWA will prepare draft and final geotechnical reports presenting the results of their studies and design recommendations for geotechnical engineering related components of the project. The reports will include exploration logs, site and exploration plan, laboratory test results, groundwater level readings, analytical output and design charts as appropriate, and design recommendations relative to excavation and earthwork. The report will be finalized after comments from the City are received. The groundwater levels will be updated for the final report as appropriate. 8.12 Geotechnical Support and Coordination of Plans and Specifications HWA will collaborate with Murraysmith and the City to verify that the geotechnical engineering requirements are properly incorporated into the plans and specifications. 8.13 Project and Contract Management HWA will prepare monthly invoices and progress reports if required. Project management for the geotechnical engineering subtasks will be provided under this task, as well as coordination with and management of all of HWA's subcontractors. Deliverables ■ Exploration Plan; PDF via email ■ Draft and Final Geotechnical Engineering report; PDF via email Assumptions ■ Field investigation services will be scheduled to allow City to provide adequate notification to public. IN Up to five (5) exploration borings are anticipated to depths ranging from 10 to 20 feet below grade. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 15 G;\PDX_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Pro)ect 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\Exh A - 2022 (Phase 9) Sewerline Replacement Scope FINAL revised.docx Packet Pg. 45 2.5.a ■ One (1) groundwater monitoring well will be installed in a boring at Site 1. ■ If groundwater is encountered, hydraulic conductivity will be estimated using the grain size. The proposed project fees do not include field measurement of hydraulic conductivity/flow rate. ■ WSDOT standard traffic control plans, requiring lane closures with flaggers, will be sufficient for this project. ■ Borings at Sites 1, 2 and 3 will be performed within the paved roadway and require right- of-way permits. ■ Access to the site and all required rights of entry and street use permits will be provide by the City at no cost to HWA. ■ HWA will coordinate with a flagging subcontractor as necessary to complete subsurface exploration work. ■ All geotechnical borings drilled through existing pavement will be patched with water activated Aquaphalt 6.0. ■ Geotechnical exploration at Site 4 is not included as part of this scope of work. Task 9 — Potholing Services (APS, Limited) Objective Under this task, potholing services will be performed by Murraysmith's subconsultant Applied Professional Services (APS) on an as -needed basis. City Involvement ■ Provide right-of-way use permit for potholing services. ■ Coordinate right -of -entry for potholing on private property. ■ Review proposed pothole locations and confirm proposed program. Activities 9.1 Potholes Services under this task will include conducting field investigations utilizing air vacuum excavation potholes, defining existing utility locations and sizes, and documenting findings in a data sheet. APS will provide the appropriate traffic control measures. Murraysmith will coordinate the extent of the potholing and will review and provide comment on field notes/data sheets. This task provides up to $22,000 for potholing support. This task will be authorized by the City prior to use should the City determine it appropriate. City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 16 G\PDX_BD\Clrents\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\EA A- 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docx Packet Pg. 46 2.5.a Deliverables ■ PDF copies of field notes and data sheets Assumptions ■ No temporary or permanent easements will be required. ■ Potholing services will be scheduled to allow City to provide adequate notification to public. ■ APS will conduct potholing work up to $22,000 to verify potential utility conflicts. ■ Test holes will be backfilled with S/8-inch select, sand or pea gravel and patched per City of Edmonds requirements at the time of permit issuance. ■ APS will prepare and submit to the City traffic control plans and permit applications needed for all lane closures or detours. Task 10 — Unanticipated Task Reserve (As Needed) A reserve budget amount has been included in the fee estimate for work under this task, which may include additional unanticipated work not specifically identified in the scope of work tasks defined above. Such work items will be undertaken only after written authorization from the City. Project Schedule Murraysmith shall begin work immediately upon receipt of Notice to Proceed from the City and proceed according to the preliminary estimated schedule presented below, which reflects the City's desire to complete all design and construction work by the end of 2022. Factors beyond Murraysmith's control may result in the schedule being extended. Notice to Proceed April 2021 Preliminary Design Submittal August 2021 60% Contract Document Submittal October 2021 90% Contract Document Submittal December 2021 Final Contract Document Submittal January 2022 Bidding and Award February 2022 Construction March -September 2022 City of Edmonds MURRAYSMITH 2O22 (Phase 9) Sewerline Replacement March 2021 17 G\PD%_BD\Clients\Edmonds, WA\2021-2022 Sanitary Sewer Replacement Project 11-19\2022 SS (Phase 9) Scope-Fee\To City\Phase 9 Revised Final Scope and Fee_2021-03-04\EA A - 2022 (Phase 9) Sewerline Replacement Scope_FINAL revised.docz Packet Pg. 47 2.5.a 2022 (PHASE 9) SEWERLINE REPLACEMENT PROJECT CITY OF EDMONDS PROPOSED FEE ESTIMATE � � �Rr!I•!F�til�!I"fTR7��©��QO MEM � r • 000m©moats®��®®�®® • o©a00000am�®�®�®®�, r Uy of Edmonds Marc1+3031 G\c agora+q[a-oM,vi.Vwl N»Lrnayse+erfegxerrx e:e��)�qr)w]SSIe�+�915ccpe•eeVO»loy;..915e..en:c reyrzs-ev erelc]rv:c r:w ..nn_M]�o14� Packet Pg. 48 City of Edmonds Mapbook 2.6 City Council Agenda Item Meeting Date: 03/9/2021 Presentation of Professional Services Agreement Ph. 12 Waterline Replacement Blueline Group Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On February 18, 2020 Council approved Blueline to be the consultant to provide design services for the Phase 11 and Phase 12 Waterline Replacement Projects and authorized the mayor to sign the Professional Services Agreement for the projects that were scheduled to be designed as part of the Phase 11 Waterline Replacement Project. Staff Recommendation Forward the item to the consent agenda for approval at the next Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in October 2019 to hire a consultant to provide design engineering services for the Phase 11 and 12 Waterline Replacement Projects. The City received statements of qualifications from three engineering firms and the selection committee selected Blueline to provide design engineering services for the Phase 11 and 12 Waterline Replacement Projects. On February 18, 2020 Council approved Blueline to be the consultant to provide design engineering services for the Phase 11 and Phase 12 Waterline Replacement Projects and authorized the mayor to sign the Professional Services Agreement for the projects that were scheduled to be designed as part of the Phase 11 Waterline Replacement Project. A separate contract has now been negotiated for the Phase 12 projects and planned to be designed in 2021 and constructed in 2022. The City has negotiated a consultant fee of $303,100. This agreement will allow Blueline to provide services for the design of this project. This contract will be funded by the Water Utility Fund. The Phase 12 Waterline Replacement Project will upgrade/replace portions of the City's potable water network by replacing approximately 6,700 linear feet of existing waterlines and associated appurtenances at various locations within the City. The selection of sites were determined using the data supplied in the 2017 Comprehensive Water System Plan, coordinating with upcoming road, sanitary sewer, and storm drain projects, and input from Public Works maintenance staff. Upgrade projects will focus on upsizing and/or looping portions of the existing network to improve flow and pressure. Replacement projects will remove and replace pipes that are near the end of their life cycle and are requiring additional maintenance. Packet Pg. 50 2.6 Attachments: Blueline Supplemental Agreement Map of Phase 12 Water replacement design projects Packet Pg. 51 2.6.a or EUlIyp�d CITY OF EDMONDS MIKE NELSON " `" MAYOR 121 STH AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 Website' www.edmondswa.gov k• f890 PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Phase 12 Annual Waterline Replacement Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and The Blueline Group, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Phase 12 Annual Waterline Replacement Project, dated February 19, 2020; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing engineering services, NOW THERFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of February 19, 2020 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $403,700 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $303,100 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $706,800 ($403,700 plus $303,100). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. Packet Pg. 52 2.6.a 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreement No. 1 but only as set forth herein. DONE this day of , 20 CITY OF EDMONDS Bv: Michael Nelson, Mayor ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney THE BLUELINE GROUP By: Deanna Martin PE I Principal Packet Pg. 53 2.6.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: \\edmsvr-deptfs\Engineering\Stafl\Megan\Engineertng AdminTROJECTME21JAYli 12 Waterline Replacement\13lueline,Supp No. Ldoc Packet Pg. 54 2.6.a EXHIBIT A — SCOPE & FEE ESTIMATE Project Name: Phase 12 Waterline Replacement Job #: 21-048 Effective Date: March 4, 2021 Project Description The Blueline Group, LLC ("Blueline") will provide engineering services for City of Edmonds' Phase 12 Waterline Replacement Project ("Project") generally consisting of the replacement of ±6,700 LF of existing water main with 8-inch diameter ductile iron (DI) pipe at the following locations: Site 1-182"d PI SW (east of 88th Ave W) Site 2 — 71h Ave S (Dayton St - Cedar St); Maple St (7th Ave S - 8th Ave S); Walnut St (7th Ave S - 9th Ave S) Site 3 —185th PL W/1861h St SW (88th Ave W - 841h Ave W) — 90% to Final Design Site 4 — 86th PI W (north of Bowdoin W) — 90% to Final Design Site 5 — Seaview Hydrant Addition 184th St SW/Sunset Way/90th Ave W Design will consist of water main, fire hydrants, connections to existing mains, water services, other appurtenances, and surface restoration. Blueline will provide topographic base mapping, geotechnical investigation, design drawings, specifications, engineer's estimates (PS&E) and bidding and construction support services as outlined herein. Task Summary Task 001 Project Management Task 002 Survey & Base Mapping Task 003 Geotechnical Investigation Task 004 Water System Design (Phase 12 Sites) Task 005 Bidding Assistance Task 006 Construction Support Task 007 Management Reserve Project Schedule Our Team shall begin work immediately upon receipt of Notice to Proceed and proceed according to the following Project Schedule. Key dates include: Notice to Proceed.............................................................................................March 2021 Survey & Geotechnical Investigation.................................................................. April 2021 30% Design Submittal........................................................................................... May 2021 60% Design Submittal.......................................................................................... July 2021 90% Design Submittal.....................................................................................October 2021 Final Design Submittal.....................................................................................January 2022 Bidding & Award.............................................................................. February/March 2022 Construction Begins............................................................................................ April 2022 As-Builts & Project Closeout..................................................................... November 2022 Packet Pg. 55 2.6.a EXHIBIT A — SCOPE & FEE ESTIMATE Scope of Work Blueline's scope of work for the project is outlined on the following pages. Task 001 Project Management Fee: HR-NTE (Estimated $27,100) This task is for general coordination and meetings on the project, including plan review/discussion meetings, in-house quality assurance, coordination with subconsultants, etc. Blueline will prepare monthly invoices for work performed during the previous month. Task 002 Survey & Base Mapping Fee: Fixed Fee (48,300) Axis Survey and Mapping will prepare base mapping for the area specified below and shown in the attached Exhibit A-1: Site 01— Mapping of a portion of 182nd PI W from then intersection with 88th Ave W approximately 600 feet east to the end of the Cul-de-sac. Also including 87th PI SW adjacent to 182nd PI SW. Site 02 — 7th Ave S from the intersection with Dayton St, south to the intersection with Cedar St. Maple Ave from 7th Ave S to the intersection with 8th Ave S and Walnut St from 7th Ave S to the intersection with 9th Ave S. Site 05 — Mapping of a portion of 184th St SW from the intersection with Sunset Way, east to the intersection with 90th Ave W. AutoCad drawings will be prepared at a scale of 1"=20'. Existing aerial and/or LIDAR mapping sources may be utilized directly or as a basis for verification. Services will include the following: • Control survey in NAD 83/91 Horizontal Datum, with all elevations derived from and checked to NAVD 88 Vertical Datum. • Delineate parcel lines within above -described area as available from recorded plats and public records further compared to City of Edmonds and Snohomish County Parcel GIS lines. • Set additional elevation benchmarks at each end of project area and every 500-700' along the route. • Contract with and coordinate services of private utility locate company (APS) to ascertain conductible underground non -City owned utility locations and available asbuilt records. The cost of which ($5,100) is included in this proposal. • Depict hard and soft surfaces on individual layers per accepted APWA standards. • Show and dimension located topographic features and contours at 2' intervals. • Locate top of valve nut elevations on all existing water valves within the project limits. • Locate side sewer lines as delineated by the City of Edmonds Public Works. Packet Pg. 56 2.6.a EXHIBIT A — SCOPE & FEE ESTIMATE • Show known utilities as provided by City of Edmonds GIS, research of available utility as -built records and as located by utility locators. DELIVERABLES AutoCad 2016 drawing file with point database and dtm files ASSUMPTIONS & EXCLUSIONS The City will provide all necessary right of entry into private property and notice to landowners along the route of mapping activity. The City will provide a copy of the notice to be presented to landowners by Axis Survey Crews. Task 003 Geotechnical Investigation Fee: HR-NTE (Estimated $38,700) See attached Exhibit A-2 scope and fee breakdown. Task 004 Water System Design (Phase 12 Sites) Fee: HR/NTE (Estimated $137,200) Using the base maps provided under Task 002 and the Phase 11 Waterline Replacement Project, Blueline will produce design plans, engineer's estimate, and specifications (PS&E) for the Project. The services under this task will include: • Layout and location of ±6,700 LF of new DI water mains. • Design of fire hydrants, replacement of water services (to the existing water meter), connection to the existing system, and other associated appurtenances with the selected site limits. • Separating the PS&E into multiple schedules (A, B, C, D, E). • Coordination with franchise utility companies during design. • Prepare plan & profile split sheets for the proposed water main improvements. o Water design will be shown in plan and profile per City standards. o Sheets to be 22"x34" with roughly an 18"x28" drawing area. o Scale for these drawings it to be 1"=20' horizontal and 1"=5' vertical. o We estimate that ±30 plan sheets and ±4 detail sheets will be required. • Show details necessary for construction of the improvements, utilizing City standard water 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 30% Plan View Layout and Preliminary Engineer's Estimate for Sites 1, 2, and 5. • Prepare Quantity Take -Off Spreadsheet with quantities broken down by plan sheet. Packet Pg. 57 2.6.a EXHIBIT A — SCOPE & FEE ESTIMATE • Prepare 60%, 90% and Final Design stage submittals for Sites 1— 5. Sites 3 and 4 will be included in 60% and 90% submittal package for review in case of changes in field conditions or City project goals. • Walk Through with City staff at Sites 1, 2, and 5 following 30% Design Submittal • Review meeting with City staff at each stage of the design and incorporate City comments into next submittal. • Constructability review and QA/QC. DELIVERABLES 30% Design Submittals: PDF of Site 1, 2, and 5 Plans (plan view only) and Preliminary Engineer's Estimate. Word document of Design Memo. 60% & 90% Design Submittals: PDF of Plans, Specifications, and Engineer's Estimate. Word document of Design Memo. Final Design Submittal: PDF of Plans, Specifications, Engineer's Estimates, plus all documents in digital format (including ACAD files). Task 005 Bidding Assistance Fee: HR/NTE (Estimated $6,100) Blueline will provide consultation services during the bidding process, including: • Attend Pre -Bid Conference and address questions from prospective bidders, if necessary. • Prepare and issue addenda to clarify the construction documents, if necessary. Consultant will not charge for addenda if they are needed to correct or clarify errors or omissions in the bid documents. • Generally assist the City during the bidding process as needed. ASSUMPTIONS & EXCLUSIONS The City will upload the bid documents to Builder's Exchange, conduct the bid opening, prepare the bid tabulation, review apparent low bidder references, and prepare recommendation for contract award. DELIVERABLES Addenda if necessary. Task 006 Construction Support Fee: HR/NTE (Estimated $16,800) Blueline will provide construction support services for this Project during the construction period. Blueline will closely coordinate construction management activities with the City's staff and field inspector. Services under this task are anticipated to include: • Prepare for and attend the pre -construction conference. Packet Pg. 58 EXHIBIT A — SCOPE & FEE ESTIMATE • Review requests for information (RFIs) provided by the Contractor and coordinate responses to RFIs with the City. • Provide changes to drawings or specifications as necessary to respond to field conditions or RFIs. • General consultation and coordination on an as -needed basis. Address construction questions as they arise. • Prepare As-Builts in AutoCad. ASSUMPTIONS & EXCLUSIONS Construction inspection and administration services are not included. DELIVERABLES RFI responses if necessary, As-Builts provided electronically, transmit and provide Utility data and PDF to City's GIS group. Task 007 Management Reserve Fee: HR/NTE (Estimated $27,400) 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— 006. 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 January 13, 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. Packet Pg. 59 EXHIBIT A — SCOPE & FEE ESTIMATE • Agency fees (if any) are not included as part of the fees outlined above. • Temporary Construction Easements and/or permanent easements are not included. If required, 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: $1,500. • 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— 006 as necessary based on approved scope of work provided the overall budget of Tasks 001— 006 is not exceeded. The City Project Manager shall provide written authorization prior to moving funds. Packet Pg. 60 SITE 5 " SITE 1 'SITE3 C"Perrinville �.•. D `. {!fm s° --..�pG9e\nr 1�61h-El•SW � _ _ - 1 .},�t � � _ + •*�• .1' r � - •... t. � - I L'yn�.vr•'1 -Easpers"st ;:`'�P_� - i•r� � '' � �.f ill •��,; ° ..,.�':`� ' f i.'TF1i'rl �s - ..,, ;� IvlainSt• ; `lac, -- !• r'•'.I� •' I-Sf�,� ... 2081' W- � . i. t , 1 �.. �� i •• "..'M.. SITE, 2 • E \\\\\\• nrn : , Walnut -St SIT E,4 y . �• �„ '.. f'.�S• .� ... I�r' hg1-g W � _ 242� �,Q ril :1t t 'F5 � • - � :� ` o .MSS• • •fie - 7Ix .7 to„ o�Is Al fa- : . pr— �_ Dayton-S� •, jq 71 Ilk U y V gnolia Ln--- I� . q < ". 6.202•(G o— r. m 2.6.a Site 3 - SURVEY EXCLUDED - COMPLETED UNDER PREVIOUS CONTRACT Site 4 - SURVEY EXCLUDED - COMPLETED UNDER PREVIOUS CONTRACT s a Packet Pg. 63 s 5� ! � t z 771, . • -' PT 1-84th•St•SW-- V � �GEOSCILNCESINC. EXHIBIT A-2 DBE/MWBE March 4, 2021 HWA Project No. 2021-PO24-21 Blueline 25 Central Way, Suite 400 Kirkland, Washington 98033 Attn: Deanna L. Martin, P.E. Subject: GEOTECHNICAL ENGINEERING SERVICES City of Edmonds —Phase 12 Waterline Replacement Project Edmonds, Washington 98026 Dear Ms. Martin: Thank you for the opportunity to present this proposal for HWA GeoSciences Inc. (HWA) to provide consulting services for the City of Edmonds -Phase 12 Waterline Replacement Projects. We presented a proposal for geotechnical engineering services on February 18, 2021. This scope of work and fee estimate is a revision of that proposal to reflect the change in patching method used after pavement coring. PROJECT BACKGROUND We understand that the City of Edmonds (City) is planning to replace segments of water pipelines at various locations within the city as part of its Phase 12 Waterline Replacement project. Five sites have been identified for waterline replacements and subsequent pavement restorations. Geotechnical engineering services will be required for four of the sites. The types of geotechnical explorations we will perform are shallow explorations consisting of pavement coring and deeper explorations consisting of auger borings completed with a drill rig. The project site segments, and geotechnical explorations proposed are summarized in Table 1. To complete the geotechnical portions of this work, HWA proposes the following scope of work for this project. SCOPE OF WORK HWA will provide geotechnical engineering services in support of the proposed pipeline replacement and pavement restoration. These services will consist of the following subtasks: Review Available Geotechnical information: Upon notice to proceed, HWA will review available geotechnical information from and in the vicinity of the project site improve our understanding of the local geological conditions at the sites and surrounding area. This z a Packet Pg. 65 2.6.a March 4, 2021 HWA Project No. 2021-P024-21 will include a review of geologic maps, HWA's library of geotechnical information in the area and data from online databases. Site reconnaissance will also be performed. Table 1: Project Locations Requiring Geotechnical Borings Number of Number of Site Location Pavement Geotechnical Coring Boring 1 182nd Place SW 1 88ti' Avenue W. 1 2 7"' Avenue S 2 Maple Street 2 1 (71" — 8t" St) Walnut Street 4 1 (8ti' — 9t" St) 3 No geotechnical exploration 4 86th Place W 2 5 l 84t" St SW I Sunset Way 1 901" Ave W 1 TOTAL 15 2 Plan and Prepare Exploration Program for Geotechnical Borings and Pavement Coring within the City right of way: HWA will plan and coordinate the geotechnical field exploration program for this project. A work plan to perform 2 geotechnical borings and 15 pavement cores along the alignment will be prepared and submitted to the City for approval. HWA will drill the boreholes to at least 5 feet deeper than the proposed excavation depths. For the purpose of estimation, boring depths of 15 feet were assumed. Obtain City of Edmonds Street Use Permit: HWA will work with the City of Edmonds to generate appropriate traffic control plans for the proposed drilling pavement coring. For estimating purposes, we will assume that all drilling and pavement coring will be performed within the roadway. We anticipate that WSDOT standard traffic control plans, requiring lane closures with flaggers, will be adequate for this project. We assume that all required rights of entry and street use permits will be provided by the City at no cost Edmonds -Phase 12 Waterline Replacement 2 HWA GeoSciences Inc. s a Packet Pg. 66 2.6.a March 4, 2021 HWA Project No. 2021-P024-21 to HWA. HWA will coordinate with a flagging subcontractor to complete this phase of work where necessary. • Complete Utility Locates: HWA will notify the one -call utility and engage a private locating service to have underground utilities located in the vicinity of the proposed borings. Conduct Geotechnical Borings: A truck/trailer-mounted drill rig equipped with hollow - stem auger will be used to drill two borings on Site 2. Standard Penetration Test (SPT) samples will be taken at 2-1/2 to 5-foot intervals throughout each boring. All borings will be monitored and logged under full-time observation of an HWA representative. The boring will be drilled by a licensed geotechnical/well driller under subcontract to HWA. Generate Boring Logs and Assign Laboratory Testing: Samples retrieved from the borings will be sealed in plastic bags and taken to our Bothell, Washington laboratory for further examination and testing. Selected samples will be tested to determine relevant engineering and index properties. Soil and laboratory test information will be presented in summary boring logs that will be generated upon completion of our exploration program. Conduct Pavement Corings: HWA will perform pavement coring at 15 locations using a a 6-inch diameter core barrel. Cores will be patched using water activated AquaphaltTM 6.0 to minimum thickness of 6 inches. • Prepare Coring Summary Logs: HWA will develop summary logs for each of the corings from the results from the pavement corings. Engineering Analysis: We will evaluate the data derived from our field investigations and laboratory testing to complete our engineering analysis. The analysis will include utility subgrade support, trenching analysis and shoring considerations as appropriate. If groundwater is encountered, a hydraulic conductivity analysis will be performed, and dewatering method recommendation provided. Hydraulic conductivity will be estimated using grain size. Field measurement of hydraulic conductivity/flow rate is not included in this scope of work. Draft and Final Geotechnical Report: We will prepare draft and final geotechnical reports presenting the results of our studies and design recommendations for geotechnical engineering related components of the project. Our reports will include exploration logs, site and exploration plan, results of pavement coring, and laboratory test results, analytical output, and design charts, as appropriate, and design recommendations relative to excavation and earthwork. Our report will also include recommendations for pavement reconstruction based on the results of the pavement corings. Edmonds -Phase 12 Waterline Replacement HWA GeoSciences Inc. Packet Pg. 67 2.6.a March 4, 2021 HWA Project No. 2021-P024-21 • Geotechnical Support and Coordination of Plans and Specifications: We will collaborate with Blueline and the City of Edmonds to verify that the geotechnical engineering requirements are properly incorporated into the plans and specifications. Project and Contract Management: We will prepare monthly invoices, and progress reports if required. We will correspond with the City of Edmonds in the form of emails, fax, and telephone calls, as necessary. We will provide project management for the geotechnical engineering subtasks and we will coordinate with and manage all our subcontractors. ASSUMPTIONS/CONDITIONS The following assumptions were made as part of the development of the proposal for this phase: • Access to the site and all required exploration permits will be provided to HWA by the City of Edmonds at no cost to HWA. HWA will apply for the necessary ROW use permits (including up to two (2) traffic control plan revisions. The geotechnical explorations proposed herein will NOT be used to assess site environmental conditions. However, visual, or olfactory observations regarding potential contamination r z will be noted. Analysis, testing, storage, and handling of potentially contaminated soil and a ground water (either sampled or spoils from drilling) are beyond this scope of services. If contaminated soils and/or ground water are encountered, the material will be properly E contained on -site for disposal as mutually agreed upon without additional cost to HWA. 0 • All non -contaminated drilling spoils and related debris will be drummed on site and transported off site for disposal by the drilling subcontractor. • All geotechnical borings drilled through existing pavement will be patched with water activated AquaphaltTM 6.0 patching material. • HWA will contract with a subcontractor to perform the borings. The borings will be conducted during workday hours (8AM to 5PM) with no work hour restrictions. PROJECT BUDGET We estimate that the scope of services proposed herein will require a budget of $35,215 to accomplish, as detailed on the attached project cost estimate spreadsheets. Our costs assume the drilling and coring can be accomplished in 4 days. We will not exceed the above cost estimate without your prior authorization. However, if during the evaluation of the available data or during our field exploration unanticipated subsurface conditions are revealed which would require a level of effort beyond the scope of our study, we will contact you immediately to discuss any necessary modifications to our scope of services and/or budget estimate. Edmonds -Phase 12 Waterline Replacement HWA Geo5ciences Inc. Packet Pg. 68 2.6.a March 4, 2021 HWA Project No. 2021-P024-21 The budget presented in this proposal reflects an estimate based on our current understanding of the project requirements for a scope of work developed from information provided. HWA reserves the right to transfer hours and budget dollars between tasks to satisfy project requirements. Our budget also reflects estimated direct costs to the project for testing, drilling, equipment rental etc. HWA may also transfer funds allocated for direct costs to professional/technical hours or vice versa, to satisfy project requirements. M Thank you again for the opportunity to provide this proposal for the City of Edmonds — Phase 12 Waterline Replacement geotechnical engineering services. Should you have any questions regarding this proposal, or require additional services, please contact us at your convenience. Sincerely, HWA GEOSCIENCES INC. Dila Saidin, Ph.D. P.E. Senior Geotechnical Engineer Attachments: Project cost estimate Edmonds -Phase 12 Waterline Replacement HWA Geo5ciences Inc. Packet Pg. 69 2.6.a Project Cost Estimate City of Edmonds -Phase 12 Waterline Replacement Edmonds, Washington Prepared for Blueline, Attn: Deanna Martin Scope of Work Refer to the attached sco, e ESTIMATED HWA LABOR: ■ � � GEOSCIENCES INC. �, HWA a Date: 202211-P 21 Y DBE MWBE Prepared By: Reviewed By: DBS MSP Revised: 4-Mar-21 WORK TASKS DESCRIPTION PERSONNEL & 2021 BILLING RATES Principal IX Geotech, En . VII Geotech. Ens V Geotech, En II Geologist II CAD Administrative Support TOTAL HOURS TOTAL AMOUNT $91.50 S72.50 $53,00 $37.00 $36.20 S38.00 $26,44 Project Setup2 2 S106 Obtain/review existinggeotechnical data and site visit 4 4 8 $360 GEOTECHNICAL EXPLORATION Plan and prepare field exploration program 2 2 2 6 S252 Prepare Traffic Control Plans 4 2 8 14 $576 Obtain city street use perrimit 2 2 2 6 $252 Conduct utility locates I 1 8 9 $327 Perform geotechnical borings 1 4 5 $201 Prepare boring logs and assign laboratory tests 2 2 1 4 $180 Conduct pavement coning 3 days) 3 24 24 51 $1,916 Prepare coring summary logs 2 4 6 $251 ENGINEERING ANALYSIS Utility subgrade support and trenching analysis 2 2 4 $180 Temporary shoring pressure diagram 1 2 2 5 $203 Hydraulic conductivity analysis and dewatering evaluation 4 1 4 $212 Earthwork and drainage 1 4 5 $201 Pavement restoration recommendation 1 2 3 $179 Paving/subgrade recommendation 4 4 $212 REPORT AND PROJECT MANAGEMENT HWA QA/QC 4 2 1 6 $396 Prepare draft Letter report 2 8 8 1 4 1 23 $1,043 Address Review comments and prepare final letter report 4 2 I 7 $314 Plans andspec review 4 4 $212 Consultation / project management 1 2 1 2 1 8 1 4 16 $858 TOTAL LABOR CHARGES: 2 9 62 57 48 8 6 192 $8,431 LABORATORY TEST SUMMARY: Test Est, No. Tests Unit Total Cost Cost Combine Grain Size Analysis 2 $250 $500 Grain Size Sieve Analysis -wet 4 $115 $460 Moisture Content w/Description 4 $22 $88 LABORATORY TOTAL: PROJECT TOTALS AND SUMMARY: $1,048 Estimated Direct Salary Based on 2021 Rates Overhead at 19486 of Direct Salary�kk 30% Fixed Fee on Direct Salary TOTAL LABOR COST ESTIMATED DIRECT EXPENSES: Mileage @ 0.56/mi 8 round trip at 20mile/tri $179 Drilling Subcontractor (truck/trailer mounted rig)- 1 day S2,500 Traffic Control Fla ers/Arrowboard/Si ns/Etc - 3 days S3,000,00 Laboratory Testing $1,048 Aquaphalt Patching @ $60/hole $900 Private locate $200 TOTAL DIRECT EXPENSES: $7,827 PROJECT TOTALS AND SUMMARY: Total Labor Cost $27,388.10 Direct Expenses $7,827 GRAND TOTAL: $35,215 Assumptions: I- All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager, The HWA project manager may also transfer funds allocated for direst costs to professional/technical hours, and vice versa, as he/she determines appropriate. 2. The scope of work is related solely to geotechnical engineering evaluation of site soil and ground water, as they relate to geotechnical analysis for the project Neither identification nor evaluation of contaminants that may be present in the soil or ground water is included in this scope of work 3. Access to the site and all required exploration permits will be provided to HWA by the City of Edmonds at no cost to HWA. 4_ All geotechnical borings drilled through existing pavement will be patched with AquaphaltTM 6.0. t IL 2021-PO24 Edmonds -Phase 12- Fees rev3-4-21.xlsx Packet Pg. 70 Phase 12 Waterline Replacement Project Job Number: 21-048 Date: 3/4/2021 2.6.a Prepared By: Deanna Martin Checked By: Rob Dahn Q. Principal Project Engineer Engineer Engineering Designer Task # Base Tasks $215/hr $185/hr $166/hr $153/hr Hours Hours Hours Hours Total Hours Total Fee 001 Project Management 126 0 0 0 002 Survey & Base Mappping 003 Geotechnical Investigations 004 Water System Design (Phase 12 Sites) 48 150 302 320 005 Bidding Assistance 10 0 20 4 006 Construction Support 12 0 38 52 007 Management Reserve Expenses Total Hours 196 150 360 376 $42,140 $27,750 $59,760 $57,528 0 0 a� c 126 $27,100 m c a� E $48,300 $38,700 a m c 820 $137,200 L m 34 $6,100 N 102 $16,800 a $27,400 r $1,500 a� Q 1082 �o $303,100 E a� a a m c 00 c d E s c� r Q Packet Pg. 71 2.6.a Engineering Total 001 Project Management Principal Project Engineer Engineer Designer Hours Item # Description $215/hr $185/hr $166/hr $153/hr Hours Hours Hours Hours 1 Coordination with City and Subconsultants 24 24 2 Montly Invoices/Progress Reports 18 18 3 QA/QC 40 40 4 Management of Staff, Schedule and Budget 32 32 5 General Project Coordination 12 12 Total Hours 126 0 0 0 126 Total Fee $27,090 $0 $0 $0 $27,100 Total Cost 002 Survey & Base Mappping (consultant) Blueline Markup Total Item # Description 10% 1 Survey & Base Mapping $43,900 $4,390 Total Fee $43,900 $4,390 $48,300 Total Cost 003 Geotechnical Investigations (consultant) Blueline Markup Total Item # Description 10% 1 Geotechnical Investigations and Reporting $35,215 $3,522 Total Fee $35,215 $3,522 $38,700 Packet Pg. 72 2.6.a Engineering Total 004 Water System Design (Phase 12 Sites) Principal Project Engineer Engineer Designer Hours Item # Description $215/hr $185/hr $166/hr $153/hr Hours Hours Hours Hours 1 Kick -Off Meeting (Incl. Prep Time) 2 2 4 8 2 Initial Site Visit 6 6 6 18 3 30% Plan View Layout & Preliminary Estimate 4 24 48 80 156 4 30% Walk Through with City Staff 6 6 8 20 5 60% PS&E 8 32 92 100 232 6 90% PS&E 6 24 72 80 182 7 Final Design PS&E 6 24 60 60 150 8 Review Meetings with City (Incl. Prep Time) 6 12 18 9 Constructability Review & QA/QC 20 20 10 Design Memos 4 12 16 Total Hours 48 150 302 320 820 Total Fee $10,320 $27,750 $50,132 $48,960 $137,200 Engineering Total 005 Bidding Assistance Principal Project Engineer Engineer Designer Hours Item # Description $215/hr $185/hr $166/hr $153/hr Hours Hours Hours Hours 1 Answer Bidder Questions, as necessary 4 8 12 2 Attend Pre -Bid Conference, if necessary 2 2 3 Prepare and Issue Addenda, as necessary 2 8 4 14 4 General Assistance to the City 2 4 6 Total Hours 10 0 20 4 34 Total Fee $2,150 $0 $3,320 $612 $6,100 Packet Pg. 73 2.6.a 006 Construction Support Principal Project Engineer Engineer Engineering Total Designer Hours Item # Description $215/hr $185/hr $166/hr $153/hr Hours Hours Hours Hours 1 Attend Pre -Construction Conference (Incl. Prep) 4 6 10 2 Review RFls and Provide Responses 2 12 14 3 Prepare Field Changes, if necessary 2 10 12 24 4 General Assistance to the City 2 4 6 5 Provide As-Builts in ACAD from Inspector Redlines 2 6 40 48 Total Hours 12 0 38 52 102 Total Fee $2,580 $0 $6,308 $7,956 $16,800 007 Management Reserve Total Cost Total Item # Description 1 Unassigned Services Reserve $27,420 Total Fee $27,420 $27,400 Packet Pg. 74 City of Edmonds Mapbook 2.7 City Council Agenda Item Meeting Date: 03/9/2021 Job Order Contracting Staff Lead: {Type Name of Staff Lead} Department: Public Works & Utilities Preparer: Royce Napolitino Background/History During the 2019 Legislative Sessions, RCW 39.10.420-460 was amended to allow all public agencies to use Job Order Contracting (JOC) for public works projects when a determination is made that the use of job order contracts will benefit the public. The COE has determined that the use of Job Order Contracting will benefit the public by providing an effective means of reducing total lead-time and cost for the construction of public works projects for repair and renovation required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small project. Staff Recommendation Proceed with advertising for proposal from Job Order Contracting firms to create and administer City's program. Narrative The objectives of the City's JOC program are to rapidly engage contractors in the performance of small to medium sized public works projects; to reduce construction, design, and planning costs; and to develop relationships and contracts with contractors to more quickly and efficiently respond to emergency situations. The JOC program is anticipated to be utilized in many different departments/divisions including Public Works Engineering & Construction, Road Maintenance, Wastewater, Surface Water, Facilities, Parks, Recreation and Cultural Services and other public works areas/projects Attachments: Job Order Contracting RFP Draft (with SEC edits) (redlined) 2.23.2021 Job Order Contracting RFP Draft (with SEC edits) (clean) 2.23.2021 Packet Pg. 76 2.7.a City of Edmonds Request for Proposal (RFP) ef-Job Order Contractine Consultine Services RFP-# Due Date: / /2021 No Later than 4 P.M. Pacific Standard Time Resubmit to City of Edmonds City Clerk's Office: 121 SO Avenue North, Edmonds WA 98020 1_ INTRnnHrTInN The City of Edmonds (COE), Washington is soliciting proposals from qualified consultants to develop, implement, and support a Job Order Contracting (JOC) program for the City as provided for in Chapter 39.10 RCW Alternative Public Works Contracting Procedures. 2. PRIMARY OBJECTIVES The objectives of the City's JOC program are to rapidly engage contractors in the performance of small to medium sized public works projects; to reduce construction, design, and planning costs; and to develop relationships and contracts with contractors to more quickly and efficiently respond to emergency situations. 3.BACKGROUND During the 2019 Legislative Sessions, RCW 39.10.410-.420 — .460 was amended to allow all public agencies to use Job Order Contracting (JOC) for public works projects when a determination is made that the use of job order contracts will benefit the public. Formatted: Centered Packet Pg. 77 2.7.a The COE has determined that the use of Job Order Contracting will benefit the public by providing an effective means of reducing total lead-time and cost for the construction of public works projects for repair and renovation required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small proiect. The JOC program is anticipated to be utilized in many different departments/divisions including Public Works Engineering & Construction. Road Maintenance, Wastewater, Surface Water, Facilities, Parks. Recreation and Cultural Services and other public works areas/projects. R04 Chapter 39.10 RCW outlines the requirements and authorizes the COE to utilize this contracting procedure. All proposal under this solicitation are subject to RCW 39.10.470. -54. SCOPE OF WORK Tht- 10C rt aA aw The Scope of Work is expected to include, but not be limited to, the following tasks: A. Development Stage: The successful consultant will work with the COE to develop the JOC Formatted: Font: Bold program. Program development includes meeting with various departments and divisions to assess their needs for this program and then preparing and proposing a JOC program which will most effectively meet the City's requirements. specifications, terms, and conditions for a Request for Proposal (RFP) to contract with one or two contractors as determined in the Development Stage. The successful consultant will also assist with the evaluation of the proposals submitted. Formatted: Indent: Left: 0.5", No bullets of numbering Formatted: Font: Bold Packet Pg. 78 2.7.a D. JOC Program, including training for both the contractor(s) and City staff. Training will include administration, performing estimates, and reconciliation. The successful consultant will work with the COE to create and document all processes and forms needed to successfully implement the JOC Program. ongoing iob orders and follow-up as needed. The successful consultant will also provide updates for unit price books. Books must be updated at least annually. If the awarded contract includes software, the successful consultant will also provide ongoing technical support and training for - ................ - Formatted: Indent: Left: 0.5", No bullets of numbering Formatted: Font: Bold Formatted: Indent: Left: 0.5", No bullets of numbering Formatted: Font: Bold Formatted: List Paragraph, Numbered + Le Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Inden Formatted: Font: Not Bold Formatted: Font: Bold Packet Pg. 79 2.7.a Packet Pg. 80 2.7.a 5. SCHEDULE Formatted: Font: Bold The proposed timeline is to engage the successful consultant's services starting in May 2021, resulting in -I Formatted: Highlight the implementation of a JOC Program no later than December 31, 2021. The contract term will be effective upon the date of contract execution for two (2) years with the option to renew for two (2) additional one-year terms. Contract prices shall remain firm during the contract term. 6. PRELIMINARY TIMELINE Selection April 2021* Contract Executed April -May 2021* *dates are approximate �87. SUBMISSION INFORMATION One (1) unbound original and One (1) CD or flash drive in pdf format of the RFP shall be submitted to the City of Edmonds City Clerk's Office— RPP #00000—,_1215th Ave N Miel •a'^ ^volgue NeFth, Edmonds, Washington, 98020. Please mark the outside of the envelope with "JOC RFP Response". The deadline for proposals by interested parties is DATE HERE by 4:00 p.m. €exactly Pacific Local Time. Respondents assume the risk of the method of dispatch chosen. The City assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual receipt of qualifications. Proposals shall not be delivered by facsimile transmission or other telecommunication or electronic means. Formatted: Font: Bold Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Packet Pg. 81 2.7.a �.2 The Proposals are limited to fifteen (15) single-spaced, double -sided, 8.5"x11" pages (or maximum of 30 single -sided pages) of content in no less than 12 point font, not including resumes and Unit Price Book sample. Supplemental information, such as brochures, may be submitted if desired. all ^ iHit,. two double Billed pages (eF n total pages) t.,..,aFds the tatal page count. 1 (1 ] Thi, manomum font .. a fAr all text it the PFep.,..-,I ;hall be np I.,. than 11 p ..t 10 4€ The electronic copy of the Proposal should be in PDF format, should be all inclusive, and should be formatted as a single file being not more than 30MB in size. 10.5 The fellevOing elements of the PFOpesal will be exempt fFem the page eewnt� a. InFORt and bael professional personnel 13. Past performance en simil-ar en-MrartS. Ability to Fneet time and budget Questions related to this solicitation maV be directed to Thom Sullivan, Facilities Manager, at thom.sullivan@edmondswa.gov. Questions via phone will not be accepted. The deadline for written inquiries is DATE HERE by 4:00 p.m. All substantive questions and answers will be formalized and issued as an addendum to this RFP. The following proposal content requirements will be adhered to by each firm and presented in the following order: 1_3Executive Summary. An executive summary letter should include the key elements of the respondent's RFP and an overview of the consultant team. Indicate the address and telephone number of the respondent's office located nearest to Edmonds, Washington, and the office from which the project will be managed. 2. Methodologv(ies). T11_L.i.. �^ ti^^-1.^„la ^Clearly describe your approach toiw developing, implementing, and supporting a JOC program, including how training is accomplished for both contractor(s) and City staff, and the methodology or methodologies planned to be used to carry out the specific tasks described in the Work Plan. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Underline Formatted: Underline Formatted: No underline Formatted: Underline b_31.3-Worms Describe the sequential tasks to be used to accomplish this project. _ Formatted Indicate all key deliverables and their contents. Include a list of information required or Formatted: Underline tasks to be completed by City staff. Packet Pg. 82 2.7.a determination. Respondents may propose the use of their own unit price book, propose to create a new book, and/or propose the use of a unit price book from a third -party source, or a combination of any of the aforementioned. Identify what type of unit price book is proposed and provide a representative snapshot sample. Tasks and prices in the unit price book(s) must reflect the local prevailing and other wage requirements of applicable local laws in Snohomish County and the State of Washington. Please provide the following information on the unit price book(s): i. Revision cycle (when was it last updated/when is it scheduled to be updated); ii. Revision methodology; iii. Price collection methodology; iv. Approach to localizing prices; v. Anticipated number of materials, labor, and equipment line items; vi. Maturity of book (how long has it been published/in use); and vii. Other relevant factors to describe the quality or comprehensiveness of the book. a.d.31.Software: Respondent may propose software that will be helpful in the implementation of this program. Respondent shall be very specific on the cost of the software, the complexity of using it, training to be provided, and whether this software is optional, recommended, or required for implementation. Formatted: Indent: Left: 0.5", Space After: No bullets or numbering Formatted: Underline r atted: Indent: Left: 0.5", Space After: ullets or numbering Formatted: List Paragraph, Indent: Left: 1.5 Formatted: Underline e_3�S:Proiect Organization and Staffing: Describe the qualifications and experience of Formatted: Underline key personnel who will be assigned to this project. Identify each by their proposed role and the percentage of time they will be committed to the City. Include for each their name and current, pertinent resume. Identify and provide the same information for any proposed subcontractors. Formatted: Indent: Left: 0.5", Space After: 49-J. I 1 6; Project Schedule: Provide a schedule for completing each task in the Scope of No bullets or numbering Work, including deadlines for preparing project deliverables. Demonstrate your team's Formatted: Underline ability to perform the work requested within an established budget and schedule. Packet Pg. 83 2.7.a 3. Related Experience. Describe recent (within the last 4 years), directly related experience in JOC Formatted: No underline program development and implementation. Briefly describe each project and for each reference provide up-to-date individual contact name with email and phone number. Provide the size, scope, and dates of each project. At least four j1references should be included. The City reserves the right to contact any organizations or individuals listed_ Formatted: Indent: Left: 0.5", No bullets of numbering 3-4. Expertise of Project Team. The respondent is required to provide evidence of experience in Formatted: Underline working with local agencies to develop, implement, support and train all parties in a successful JOC program. The experience listed must be that which was performed by the respondent's staff and/or team's staff that will be assigned to this project. The City will be focusing on the experience of the Lead Consultant/Project Manager who will be assigned to this project. The RFP shall also identify other projects the proposed Lead Consultant/Project Manager will be committed to during the same timeline. 1 A �/l�T 5. Cost. Provide estimate of cost for services, initial and on -going costs of proposed software, and Formatted: Underline other costs that may be incurred to develop, implement, and support a JOC program. es Evaluation Panel will use the following criteria to evaluate each RFP_ Criteria Points Approach Maximum 30 Points Related Project Experience Maximum 20 Points Expertise of Protect Team Maximum 20 Points Cost Maximum 30 Point Maximum Points Maximum 100 Points Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Not Bold, No underline Formatted: Font: Bold Commented [SEC1]: These are the point tots Shoreline used, and they made sense to me, bu \ can be adjusted as the City sees fit. Formatted: Font: Bold Packet Pg. 84 2.7.a The proposals will be the basis from which interested individuals or firms will be selected for interviews. Following the City staff evaluation of the proposals received, selected individuals or firms may be invited to make oral presentations before the City's Evaluation Panel. The City's Project Manager will provide additional details outlining the preferred content of the presentation to each firm or team of firms that isafe invited to participate. Upon completion of the evaluations, the City's Evaluation Panel will determine the most qualified individual or firm based on all materials and information presented. The City will then begin the negotiations for an agreement with the selected individual or firm. Any individual or firm failing to submit information in accordance with the procedures set forth in the RFP may be subject to disqualification. The City reserves the right to change the solicitation schedule or issue amendments to the solicitation at any time. The City reserves the right, at its sole discretion, to waive immaterial irregularities contained in the solicitation. The City reserves the right to reject any and all proposals at any time, without penalty. The City reserves the right to refrain from contracting with any respondent. Individuals or firms eliminated from further consideration will be notified in writingby n,a44 by the City as soon as practical. Proposals remain confidential until closing deadline after which proposals are considered a public record subject to public disclosure under RCW 42.56, the Public Records Act. Proposers shall mark as "proprietary" any information that the Proposer believes meets the exemption under RCW 42.56.270(1). This designation will be considered by the City in response to public records requests. Any Proposal may be withdrawn, either personally or by written request, at any time prior to the time set for the Proposal submittal deadline. The City of Edmonds, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation, issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Attachments: City of Edmonds Sample Contract Document Packet Pg. 85 2.7.a a� c c� L �C♦ V L d L DATED THIS day of '201 . O O C ITV OF T. ilAiiONDS [CONSULTANT N A I%IEj r� Nelson,By Alike Mayor Packet Pg. 86 2.7.a PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and , hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide services related to the project ("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 ed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services Formatted:lustified rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this Formatted: Not Highlight reference, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of THOUSAND DOLLARS ($ ,000.00). B. All vouchers shall be submitted by the Consultant to the ON for pavment pursuant to the terms of this Agreement. The Cijy 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 proiect. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three (3) days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. a� c M c O t� L d L O O c O y d N 0 N M N N d c 13 O N :a d 3 t0 L C a U- w O n Packet Pg. 87 2.7.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the Cit,, for or 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, inuries, 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, includingthe e duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 88 2.7.a 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City_. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for anypurpose. 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 anyproiect subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. Packet Pg. 89 2.7.a 11. Integration. The Agreement between the parties shall consist of this document and the Scope of Work and fee schedule attached hereto as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and anyprovision of Exhibit A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothingin n 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 anyprovision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of an,, other ther 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 ed 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 resultingfrom rom 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. Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0.5", Space After: Line spacing: single :The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which Formatted: Font: 11 pt may be due on account of this Agreement. Formatted: Body Text 3, Left Packet Pg. 90 2.7.a 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: Name Address City, State, Zip] Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. Formatted: Font: 11 pt mails, with proper postage and properly addressed. DATED THIS day of 2021. CITY OF EDMONDS [NAME OF CONSULTANT] Michael Nelson, Mayor [Name, Title] ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney ' Formatted: T.b stops: Not at 2.5" Packet Pg. 91 2.7.b City of Edmonds Request for Proposal (RFP) Job Order Contractine Consultine Services Due Date: / /2021 No Later than 4 P.M. Pacific Standard Time Submit to City of Edmonds City Clerk's Office: 12151h Avenue North, Edmonds WA 98020 1. INTRODUCTION The City of Edmonds (COE), Washington is soliciting proposals from qualified consultants to develop, implement, and support a Job Order Contracting (JOC) program for the City as provided for in Chapter 39.10 RCW Alternative Public Works Contracting Procedures. 2. PRIMARY OBJECTIVES The objectives of the City's JOC program are to rapidly engage contractors in the performance of small to medium sized public works projects; to reduce construction, design, and planning costs; and to develop relationships and contracts with contractors to more quickly and efficiently respond to emergency situations. 3.BACKGROUND During the 2019 Legislative Sessions, RCW 39.10.420—.460 was amended to allow all public agencies to use Job Order Contracting (JOC) for public works projects when a determination is made that the use of job order contracts will benefit the public. The COE has determined that the use of Job Order Contracting will benefit the public by providing an effective means of reducing total lead-time and cost for the construction of public works projects for repair and renovation required at public facilities through the use of unit price books and work orders by eliminating time-consuming, costly aspects of the traditional public works process, which require separate contracting actions for each small project. The JOC program is anticipated to be utilized in many different departments/divisions including Public Works Engineering & Construction, Road Maintenance, Wastewater, Surface Water, Facilities, Parks, Recreation and Cultural Services and other public works areas/projects. Chapter 39.10 RCW outlines the requirements and authorizes the COE to utilize this contracting procedure. All proposal under this solicitation are subject to RCW 39.10.470. Packet Pg. 92 2.7.b 4. SCOPE OF WORK The Scope of Work is expected to include, but not be limited to, the following tasks: A. Development Stage: The successful consultant will work with the COE to develop the JOC program. Program development includes meeting with various departments and divisions to assess their needs for this program and then preparing and proposing a JOC program which will most effectively meet the City's requirements. B. Request for Proposal Stage: The successful consultant will work with the COE to develop specifications, terms, and conditions for a Request for Proposal (RFP) to contract with one or two contractors as determined in the Development Stage. The successful consultant will also assist with the evaluation of the proposals submitted. C. Implementation Stage: The successful consultant will assist the COE with implementation of the JOC Program, including training for both the contractor(s) and City staff. Training will include administration, performing estimates, and reconciliation. The successful consultant will work with the COE to create and document all processes and forms needed to successfully implement the JOC Program. D. Ongoing JOC Program Support: The successful consultant will assist the COE with initial and ongoing job orders and follow-up as needed. The successful consultant will also provide updates for unit price books. Books must be updated at least annually. If the awarded contract includes software, the successful consultant will also provide ongoing technical support and training for the software. 5.SCHEDULE The proposed timeline is to engage the successful consultant's services starting in May 2021, resulting in the implementation of a JOC Program no later than December 31, 2021. The contract term will be effective upon the date of contract execution for two (2) years with the option to renew for two (2) additional one-year terms. Contract prices shall remain firm during the contract term. 6. PRELIMINARY TIMELINE RFP Release Deadline for Written Inquiries Proposals Due Interview Top Candidates Selection Contract Executed March J 2021. [Date 2 weeks after RFT Release date] [Date 4 weeks after RFP Release date] [Dates during week after Proposals Due date] (if needed)* April 2021* April -May 2021* *dates are approximate Packet Pg. 93 2.7.b 7. SUBMISSION INFORMATION A. Proposal Format and Submission Requirements One (1) unbound original and One (1) CD or flash drive in pdf format of the RFP shall be submitted to the City of Edmonds City Clerk's Office, 1215th Ave N, Edmonds, Washington, 98020. Please mark the outside of the envelope with "JOC RFP Response". The deadline for proposals by interested parties is DATE HERE by 4:00 p.m. exactly Pacific Local Time. Respondents assume the risk of the method of dispatch chosen. The City assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual receipt of qualifications. Proposals shall not be delivered by facsimile transmission or other telecommunication or electronic means. The Proposals are limited to fifteen (15) single-spaced, double -sided, 8.5"x11" pages (or maximum of 30 single -sided pages) of content in no less than 12 point font, not including resumes and Unit Price Book sample. Supplemental information, such as brochures, may be submitted if desired. The electronic copy of the Proposal should be in PDF format, should be all inclusive, and should be formatted as a single file being not more than 30MB in size. Questions related to this solicitation may be directed to Thom Sullivan, Facilities Manager, at thom.suilivan@edmondswa.gov. Questions via phone will not be accepted. The deadline for written inquiries is DATE HERE by 4:00 p.m. All substantive questions and answers will be formalized and issued as an addendum to this RFP. B. Proposal Content Requirements The following proposal content requirements will be adhered to by each firm and presented in the following order: 1. Executive Summary. An executive summary letter should include the key elements of the respondent's RFP and an overview of the consultant team. Indicate the address and telephone number of the respondent's office located nearest to Edmonds, Washington, and the office from which the project will be managed. 2. Approach. a. Methodoloey(ies): Clearly describe your approach to developing, implementing, and supporting a JOC program, including how training is accomplished for both contractor(s) and City staff, and the methodology or methodologies planned to be used to carry out the specific tasks described in the Work Plan. b. Work Plan: Describe the sequential tasks to be used to accomplish this project. Indicate all key deliverables and their contents. Include a list of information required or tasks to be completed by City staff. c. Unit Price Book: Propose the use of a unit price book for JOC cost reference and determination. Respondents may propose the use of their own unit price book, propose to create a new book, and/or propose the use of a unit price book from a third -party source, or a combination of any of the aforementioned. Identify what type of unit price book is Packet Pg. 94 2.7.b proposed and provide a representative snapshot sample. Tasks and prices in the unit price book(s) must reflect the local prevailing and other wage requirements of applicable local laws in Snohomish County and the State of Washington. Please provide the following information on the unit price book(s): i. Revision cycle (when was it last updated/when is it scheduled to be updated); ii. Revision methodology; iii. Price collection methodology; iv. Approach to localizing prices; v. Anticipated number of materials, labor, and equipment line items; vi. Maturity of book (how long has it been published/in use); and vii. Other relevant factors to describe the quality or comprehensiveness of the book. d. Software: Respondent may propose software that will be helpful in the implementation of this program. Respondent shall be very specific on the cost of the software, the complexity of using it, training to be provided, and whether this software is optional, recommended, or required for implementation. e. Proiect Organization and Staffing: Describe the qualifications and experience of key personnel who will be assigned to this project. Identify each by their proposed role and the percentage of time they will be committed to the City. Include for each their name and current, pertinent resume. Identify and provide the same information for any proposed subcontractors. f. Proiect Schedule: Provide a schedule for completing each task in the Scope of Work, including deadlines for preparing project deliverables. Demonstrate your team's ability to perform the work requested within an established budget and schedule. 3. Related Experience. Describe recent (within the last 4 years), directly related experience in JOC program development and implementation. Briefly describe each project and for each reference provide up-to-date individual contact name with email and phone number. Provide the size, scope, and dates of each project. At least four (4) references should be included. The City reserves the right to contact any organizations or individuals listed. Expertise of Proiect Team. The respondent is required to provide evidence of experience in working with local agencies to develop, implement, support and train all parties in a successful JOC program. The experience listed must be that which was performed by the respondent's staff and/or team's staff that will be assigned to this project. The City will be focusing on the experience of the Lead Consultant/Project Manager who will be assigned to this project. The RFP shall also identify other projects the proposed Lead Consultant/Project Manager will be committed to during the same timeline. 5. Cost. Provide estimate of cost for services, initial and on -going costs of proposed software, and other costs that may be incurred to develop, implement, and support a JOC program. Packet Pg. 95 2.7.b 8. EVALUATION OF PROPOSALS The City's Evaluation Panel will use the following criteria to evaluate each RFP proposal: Criteria Points Approach Maximum 30 Points Related Project Experience Maximum 20 Points Expertise of Project Team Maximum 20 Points Cost Maximum 30 Point Maximum Points Maximum 100 Points The proposals will be the basis from which interested individuals or firms will be selected for interviews. Following the City staff evaluation of the proposals received, selected individuals or firms may be invited to make oral presentations before the City's Evaluation Panel. The City's Project Manager will provide additional details outlining the preferred content of the presentation to each firm or team of firms that is invited to participate. Upon completion of the evaluations, the City's Evaluation Panel will determine the most qualified individual or firm based on all materials and information presented. The City will then begin the negotiations for an agreement with the selected individual or firm. Any individual or firm failing to submit information in accordance with the procedures set forth in the RFP may be subject to disqualification. The City reserves the right to change the solicitation schedule or issue amendments to the solicitation at any time. The City reserves the right, at its sole discretion, to waive immaterial irregularities contained in the solicitation. The City reserves the right to reject any and all proposals at any time, without penalty. The City reserves the right to refrain from contracting with any respondent. Individuals or firms eliminated from further consideration will be notified in writing by the City as soon as practical. Proposals remain confidential until closing deadline after which proposals are considered a public record subject to public disclosure under RCW 42.56, the Public Records Act. Proposers shall mark as "proprietary" any information that the Proposer believes meets the exemption under RCW 42.56.270(1). This designation will be considered by the City in response to public records requests. Any Proposal may be withdrawn, either personally or by written request, at any time prior to the time set for the Proposal submittal deadline. The City of Edmonds, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation, issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Attachment: City of Edmonds Sample Contract Document Commented [SECT]: These are the point totz Shoreline used, and they made sense to me, bu can be adjusted as the City sees fit. Packet Pg. 96 2.7.b PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and , hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide services related to the project ("Project"); and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of THOUSAND DOLLARS ($_,000.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three (3) days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. Packet Pg. 97 2.7.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 areement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 98 2.7.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. 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. Packet Pg. 99 2.7.b 11. Integration. The Agreement between the parties shall consist of this document and the Scope of Work and fee schedule attached hereto as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or anytime limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. Packet Pg. 100 2.7.b a� 18. Notices. Notices to the City of Edmonds shall be sent to the following address:cc L City of Edmonds = O 121 Fifth Avenue North V L d Edmonds, WA 98020 O O Notices to the Consultant shall be sent to the following address: [Name] _ [Address] .N G City, State, Zip] _d 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 2021. [NAME OF CONSULTANT] [Name, Title] Packet Pg. 101