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2017-10-24 City Council - Full Agenda-19991 2 3 4 a 6 7. 8. 9 o Agenda Edmonds City Council snl. ,nyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 OCTOBER 24, 2017, 7:00 PM CALL TO ORDER/FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of October 17, 2017 2. Approval of claim, payroll and benefit checks, direct deposit and wire payments. 3. Approval of Franchise with Verizon - MCI 4. Final Acceptance of the Phase I CIPP Sewer Rehabilitation Project (Insituform Technologies) PRESENTATIONS 1. Introduction of New Regional Fire Authority (RFA) Chief (5 min.) 2. 2018 Budget Presentations (75 Minutes) 3. Presentation of the ADA Transition Plan (30min) COUNCIL COMMITTEE REPORTS 1. Council Committee Reports (10 min.) ADJOURN TO COUNCIL COMMITTEE MEETINGS COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE CITY COUNCIL AND STAFF ONLY. THE MEETINGS ARE OPEN TO THE PUBLIC BUT ARE NOT PUBLIC HEARINGS. THE COMMITTEES MEET CONCURRENTLY IN SEPARATE ROOMS AS INDICATED BELOW. PARKS, PLANNING, AND PUBLIC WORKS COMMITTEE (JURY MEETING ROOM) 1. Presentation of a Professional Services Agreement with Parametrix for Pre -Design and Permitting Activities on the Edmonds Street Waterfront Connector Project (15min) 2. Wayside Horn & BNSF Agreements (10 min) 3. Puget Sound Regional Climate Preparedness Collaborative Resolution (15 min) FINANCE COMMITTEE (COUNCIL CHAMBER) 1. September Quarterly Financial Report (10 min) 10. PUBLIC SAFETY AND PERSONNEL COMMITTEE (POLICE TRAINING ROOM) 1. Renewal of Contract with Yakima County Dept. of Corrections (5 min.) 2. Renewal of Inmate Housing Agreement with Lynnwood Municipal Jail (5 min.) Edmonds City Council Agenda October 24, 2017 Page 1 4.1 City Council Agenda Item Meeting Date: 10/24/2017 Approval of Council Meeting Minutes of October 17, 2017 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 10-17-2017 Draft Council Meeting Minutes Packet Pg. 2 4.1.a EDMONDS CITY COUNCIL DRAFT MINUTES October 17, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor (arrived 9:00 p.m.) Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT S. Gagner, Police Officer Phil Williams, Public Works Director Shane Hope, Development Services Director Scott James, Finance Director Rob English, City Engineer Kernen Lien, Senior Planner Jeanie McConnell, Engineering Program Mgr Brad Shipley, Associate Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Council President Mesaros in the Council Chambers, 250 5' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Mayor Earling. 3. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 1. DOMESTIC VIOLENCE AWARENESS MONTH Council President Mesaros read a proclamation proclaiming October 2017 as Domestic Violence Awareness Month and the third week of October as YWCA Week Without Violence in Edmonds. He presented the proclamation to YWCA Executive Director Mary Anne Dillon and Corporate Relations Officer Alicia Crank. On behalf of the YWCA, Ms. Dillon thanked the City Council and Mayor Earling for raising awareness about domestic violence through this proclamation. The YWCA is on a mission to eliminate racism, empower women, help families and strengthen communities. For more than 20 years, YWCAs throughout the country have designated the third week of October as Week Without Violence. Domestic violence is an all -too -common thread in the lives of people the YMCA serves as well as neighbors, friends, relatives and Edmonds City Council Draft Minutes October 17, 2017 Page 1 Packet Pg. 3 4.1.a coworkers. The YWCA partners with advocates and agencies such as Domestic Violence Services, working to end violence against men and women in the community. Together we can commit to ending violence and making the community safer for all. 2. INTRODUCTION OF NEW FRANCHISE FOR VERIZON - MCI Mr. Taraday explained this topic was introduced to the Parks, Planning & Public Works Committee but no Verizon representative was present. This is an opportunity for Verizon to describe their plans to use the City's right-of-way and request a franchise and for the Council to ask questions No action is expected tonight; by state law, the Council cannot take action on a franchise until five days after it is introduced. Louise Popelka, Outside Plan Engineer, Verizon, explained Verizon is proposing a fiber deployment that will include the City of Edmonds in its boundaries. She displayed a map of the area, noting this is not the final map, but offers a view after the high-level design. Some routes may change as permit applications are submitted. She reviewed: 1. This is an infrastructure project • A robust wireline telecommunications network consisting primarily of fiber-optic cable to serve Verizon Wireless, and business and government customers • Network will be built in compliance with Edmonds' undergrounding requirements (ECDC 18.05) 2. Services Perspective • Provide fiber-optic connection to cell sites to improve capacity and speed of cell sites • Provide competitive exchange service, internet access, and data transport to business and government customers • Provide opportunities for conduit and dark fiber leasing to other carriers 3. Status of Project • High level design completed on November 11, 2016 • Anticipate starting to file permit applications within 60 days of franchise being effective • Physical construction set to start in first quarter 2018 4. Nature of Agreement Franchise agreement to allow Verizon to use public right-of-way Term of franchise: 5 years Places bonding and insurance burdens on Verizon Councilmember Buckshnis recalled Verizon previously laid cable in Edmonds. Ms. Popelka responded much of that was laid when Verizon was the legacy GTE network. When Verizon purchased MCI and several other legacy companies, they sold the legacy phone company including that cable to Frontier. This is a different franchise agreement with Verizon. Councilmember Buckshnis asked why the franchise agreement was only 5 years instead of 20 years. City Attorney Jeff Taraday answered five years is standard for recent franchises because the telecommunications industry is changing and regulations affecting it also change rapidly, a 20-year franchise agreement does not make sense. Councilmember Buckshnis asked whether the entire cost was borne by Verizon. Ms. Popelka agreed it was. Councilmember Teitzel relayed his understanding this a new network that will be placed 100% underground. Ms. Popelka answered it will be a combination of aerial and underground. Mr. Taraday clarified that was not his understanding; according to the franchise agreement all cable is laid underground. Ms. Popelka said she was not aware of that. Councilmember Teitzel asked if undergrounding would require trenches. Ms. Popelka answered trenching is the primary method used but directional boring is also a Edmonds City Council Draft Minutes October 17, 2017 Page 2 Packet Pg. 4 4.1.a common practice. Councilmember Teitzel asked if there was an opportunity to share trenches with other providers. Ms. Popelka answered they always invite joint opportunities with other carriers going in the same direction. The cost is usually shared which is beneficial to all and there is less construction time in the street. Councilmember Tibbott commented from the routing map it appears one large trunk line will be run through the City and he asked how it will connect to other parts of the city. Ms. Popelka referred to the fiber route map, and described the main connection and areas where laterals will be connected as cell sites need fiber. Councilmember Tibbott asked for clarification, noting the map shows a large connection through the center of the City and to the west and asked if there were other parts of the network that are not illustrated. Ms. Popelka answered yes, acknowledging it was difficult to see but there will be lateral connections to reach other areas. Councilmember Tibbott referred to her comment that the map was not final and changes may be made. He asked what determined the rerouting of the network. Ms. Popelka answered many things effect routing including the locations they are trying to reach, pavement moratoriums, railroad, etc. Councilmember Tibbott asked about the level of wireless connection. Ms. Popelka said that was difficult to answer; putting fiber optic in the ground can handle any capacity as technology changes. Councilmember Tibbott relayed his understanding the purpose was to put fiber optic in the ground so the infrastructure exists as technology changes. Ms. Popelka agreed. Councilmember Tibbott asked if the general purpose was to serve cell users, cell data users, etc. Ms. Popelka answered yes, getting fiber optic to cell sites provides more capacity and bandwidth at cell sites so users experience better coverage, faster speeds, etc. It was the consensus of the Council that approval of the franchise agreement be scheduled on the Consent Agenda. 3. PRESENTATION ON THE SNOHOMISH COUNTY PUD RENEWABLE ENERGY PROGRAM Councilmember Nelson introduced Jim West, Assistant General Manager Customer & Energy Services, and Jessica Matlock, Director of Government & External Affairs, Snohomish PUD. Ms. Matlock reviewed: Snohomish PUD background o Began operations in 1949 following a public vote o Second largest public utility in the Northwest o Twelfth largest public utility in the U.S. o Bonneville Power Administration's largest power customer 0 341,000 customers & growing 0 2,200 square mile service territory 0 6,200 mile network of distribution lines Graph of Customer Consumption & Growth 2010 - 2016 o Average number of customers ■ Average number of customers increasing steadily ■ New service connections totaled 4,510 in 2016 o Customer Consumption (MWh) — residential, commercial, industrial and other o Experiencing minor load decline over the past several years as growth in number of customers offset by lower power consumption per customer Mr. West explained Snohomish PUD is Bonneville Power Administration's (BPA) largest wholesale power customer and makes up approximately 83% of Snohomish PUD's power supply. BPA is predominately Edmonds City Council Draft Minutes October 17, 2017 Page 3 Packet Pg. 5 4.1.a hydro -based, non -greenhouse gas zero carbon emission. Also have a mix of Columbia generating stations and nuclear capacity. He reviewed: • Graph of power supply resources o Renewables (wind, biomass, biogas (5%) o PUD owned hydro (Jackson, Youngs Creek, Woods Creek, Packwood) 6% o BPA Block (fixed amount set by contract) and Slice (variable based on need) — total (83%) o Short Term market purchases (3%) ■ This is where any carbon content is assigned because difficult/impossible to discern the mix of power sources • Pie Chart: Snohomish PUD's total power supply — 90% hydro o BPA Hydro — 81 % o PUD Hydro — 8% o Wind — 8% o Landfill gas, biomass, solar, market purchases — 3% Mr. West explained utility power sources generate energy in megawatts (MW). One MW is enough to meet the instantaneous needs of about 1,000 homes. As the chart shows, with a peak capacity of 10 MW, each source has a different level of average output. While valuable to the PUD's energy portfolio, wind and solar are not as well suited as hydropower to meet the PUD's peak winter demand due to the season's reduced sunshine and the inconsistency of wind. He reviewed a chart of Average Output by Power Source (2016) - Peak capacity, average MW output, homes powered with regard to solar, wind, hydro. Ms. Matlock reviewed: Customer interests in solar and renewables o Access to options that help meet a range of customer energy interests + Reduce carbon footprint + Be 100% renewable o Provide "investment" opportunities for solar, at home and in the community o Provide opportunities for all customers to support solar and renewables o Provide options to support local and regional renewable resource development o Do not ask non -participants to subsidize other customers' choices Mr. West displayed and reviewed a Diagram of Estimated US Renewable Attribute Flow, 2012 (-189TWH Total), explaining renewable energy has many sources including wind, biomass, geothermal, hydro, landfill gas, other, and solar. Renewable energy can flow through utilities as green kW hours sold to customers either in states that have a mandatory renewal energy standard or in states where customers want to voluntarily purchase renewable energy. Some renewable generation energy assets are owned by the utilities and sometimes, as in Snohomish PUD's cases with wind generation, it's contracted from independent power producers. Renewable energy has two components, 1) kW hour (electron) and 2) environmental attribute. When customers buy or utilities sell green energy, it consists of the electron plus the environmental attributes. Environmental attributes are often called renewable energy credits (REC), green tags, tradeable renewable certificates. Largely the renewable energy market across the U.S. and increasingly worldwide is based on the REC concept so that selling one hour of green electricity is two components. Most often that is purchased bundled as a green kW hour but the REC can be separated and sold separately. Consumers buy unbundled Recess, often to meet their own sustainability or environmental sensitivity goals. Ms. Matlock commented customers often ask if they can have 100% wind energy to their house. Unfortunately, the energy system flows according to physics so no one can ever have 100% renewable energy in reality unless it is generated at your house and there is a battery attached or unless the entire power mix is 100% renewable which PUD is very close to. She noted a small sliver of PUD's energy is Edmonds City Council Draft Minutes October 17, 2017 Page 4 Packet Pg. 6 4.1.a considered brown because the source of the power in the market is unknown. Because coal plants in the region are closing and gas plants are becoming more efficient, that slice is getting smaller and smaller. Ms. Matlock described Renewable Choices Programs PUD is considering: Renewable Blocks - open to all customers • Flexible options to meet customer renewable and/or carbon free goals Open to all customers • Little financial risk to the PUD PUD supplies RECs 0 Satisfies our requirements under the RCW 19.29A • Aligns pricing with Schedule 90 to internally become more consistent • Ability for customers to showcase effort • Very easy to administer • Helps customer's meet sustainability goals national customers, etc. PUD Community Solar Shares • PUD customers participate through leasing shares Utility sells or lease solar capacity. 0 Customers are "invested" in the project Customers would purchase shares in a local solar • More cost effective for customers array. The PUD would pay participants for the • More visibility through a community solar value of their shares of the generation_ program • Little financial risk to the PUD with pre -paid shares • Increased community connection • Ability for customer to showcase effort Mr. West commented the intent of PUD's solar offerings it to transform what has been a fairly niche product limited to typically homeowners with a roof with good solar access which omitted a lot of homeowners as well as people in rental properties. Opening the renewable blocks program to all customers and the solar shares program allows any customer to buy into a utility's solar system. Unlike most public power utilities that tend to serve a city, Snohomish PUD serves 14 municipalities in Snohomish County and are interested in working with communities and municipalities to craft solutions to meet their needs, moving away from a one -size -fits -all solution. Council President Mesaros referred to the 3% brown energy and asked how much of that comes from coal power plants in the region. Ms. Matlock answered they actually don't know. When the peak demand cannot be met, traders purchase from the short term market. A lot of the power in those short-term markets are not tagged so the source is unknown. Council President Mesaros commented the network is country wide and Ms. Matlock said the network is mostly the Northwest. Council President Mesaros asked the number of coalfired plants in the Northwest. Ms. Matlock answered two but one is being closed down. Councilmember Teitzel relayed his understanding PUD buys power from BPA via a contract that extends through 2028 and PUD cannot specify to BPA the source of the power. Mr. West agreed that was true under the existing contract. Councilmember Teitzel referred to legacy hydro power and asked whether that is considered renewable. Ms. Matlock responded according to RCW 19.285.030 which provide the definition for the state for renewable energy, Section 21 defines renewable resources as water; wind; solar energy; geothermal energy; landfill gas; wave, ocean or tidal power; gas from sewage treatment facilities; etc. She noted the definition does include water but for purposes of meeting the requirement of the RCW, it does not include legacy hydro; it only allows any incremental increases and efficiencies such as additional energy from upgrades to be counted for purposes of meeting I-937, the Energy Independence Act (EIA). Edmonds City Council Draft Minutes October 17, 2017 Page 5 Packet Pg. 7 4.1.a Mr. West said EIA classifies legacy hydro as the nation's largest renewable source. Washington is about 73% hydro generation; the focus is on developing new renewable rather than relying on an easy way to meet the target by relying on the existing 73%. Councilmember Teitzel said the purpose of his question is Edmonds is targeting 2025 to have 100% of its energy from renewable resources. If legacy hydro power cannot be included in that calculation, it moves the City away from its ability to reach 100% which is one of his concerns. Councilmember Teitzel commented Edmonds supports the Paris Climate Accord which is related to global warming, stopping sea level rise, weather changes, etc. As nuclear power does not create greenhouse gases, he asked if nuclear should be included in the calculation of reaching the goals in the Paris Climate Accord. Ms. Matlock responded other entities across the U.S. looking at climate change are not concerned with renewable power but carbon reduction. If that is the goal, one would think an entity would follow the rules of reducing carbon. She agreed nuclear power is consider a tool in reducing carbon and combating climate change. Councilmember Nelson asked about the RCW regarding EIA. Ms. Matlock answered I-937 was the renewable portfolio energy standards; the EIA requires utilities to have a certain amount of their energy be renewable. Councilmember Nelson said if a city or county passed a resolution stating hydro is considered a renewable, would that be correct. Ms. Matlock answered yes. Councilmember Nelson asked for clarification about the community solar shares program. For example, if the City wanted to make up the gap of its portfolio that was not renewable, it could purchase solar shares. Ms. Matlock said the solar share program is not complete; the thinking today is a share would be $160. However solar prices are going down and there is a tariff issue with the U.S. A decision could be made to make up the gap via a mix of RECs and solar shares. However, due to the interest in solar shares, there will be a cap on how many people can buy. Councilmember Nelson asked if that was a one-time purchase or every year. Ms. Matlock answered a one-time purchase for the shares for the life of the solar panels which is estimated to be 25 years. Councilmember Buckshnis referred to the Sun Slices program, the solar panels on the Frances Anderson Center and asked if the solar share program would be similar, where members are allowed to mitigate carbon emissions by purchasing shares. Mr. West said in PUD's Solar Shares Program, the system is owned by the utility versus the Sun Slices community solar share which is owned by community shareholders who buy into it. Councilmember Buckshnis said for $25 she can offset her flight to the Midwest; she asked how that would happen with PUD's program. Mr. West said there is a difference between REC and carbon offsets; carbon offsets can be organizations planting trees where the environmental benefit of the trees offsets the carbon created by a vehicle, flight or event. REC is a similar concept but there is a strict accounting, exactly one kW hour of environmental benefit associated with one kW kilowatt hour of electricity and there is a very strictly regulated accounting system. Councilmember Johnson recalled in PUD's presentation four or five years ago, a new concept was being tested with turbines in the water and she asked for an update. Mr. West said from 2006 through 2013 a multi -year research project cost shared with the U.S. Department of Energy researched the feasibility of tidal turbines. The reversible turbines would sit on the bed of Puget Sound and generate electricity when the tide ebbs and flows. The project cleared all the licensing hurdles related to aquatic life, seabed, standard FERC generation licensing, etc. The first phase of the project had a 50150 cost share agreement with the U.S. Department of Energy and the understanding was the next phase would also be a 50150 share but the Department of Energy did not share that understanding. PUD did not want to burden its ratepayers with the full cost of R&D and decided not to move forward without the knowledge, technical expertise and data from U.S. Department of Energy. The technology looks very viable and a lot was learned during the licensing process which could be utilized by whomever takes on that project next. Edmonds City Council Draft Minutes October 17, 2017 Page 6 Packet Pg. 8 4.1.a Council President Mesaros commented if everyone on a flight purchased RECs, possibly that could offset the carbon, not just one passenger. He agreed with Councilmember Nelson the goal is not to follow the definitions of legacy water power and it was his sense the City was following the spirit of law if not the letter of the law as the City's goal is to reduce its carbon footprint. He noted the region is penalized because it got ahead of the game; the Northwest is fortunate to have good hydro power. 5. AUDIENCE COMMENTS Missi Huff, Edmonds, speaking on behalf of Arlys Loomis, 1134 C Avenue, distributed written materials. Ms. Loomis applied for a right-of-way construction permit to have a tree removed that has outgrown its current location. She hired a surveyor to prove that the tree is in the City right-of-way as well as independent arborist who agreed the tree has outgrown its current location, has been topped and is dangerous. She hired Edmonds Tree Service, a licensed and bonded contractor, to remove the tree. Unfortunately, the City right- of-way construction permit was denied. Ms. Loomis has spent $920 thus far and will be responsible for removal of the tree. Once the permit is approved, Ms. Loomis will be responsible for removal of the tree, the mess the tree creates as well as the damage the tree does to public and private property. The City has removed limbs from one side of the tree to accommodate delivery trucks. Now the City has asked for additional funds for appeals and other processes. She felt denial of the permit was unfair, citing the reason that the tree has not caused enough damage. The tree will continue to grow and cause damage, causing Ms. Loomis to incur more expense to fix the damage. Councilmember Fraley-Monillas requested Council President Mesaros ask Mayor Earling to look at the materials. Dayleann Pepper, Edmonds, a resident of Soundview Apartments on 3rd Avenue, also speaking for Olympic View Apartments, described an area between the apartment property and the City's sidewalk. Soundview Apartments are owned by the Housing Authority. Three years ago, the MSHH Donor Closet requested a disability ramp be installed and was denied by the apartment's management company, Allied. A disabled resident's request was also denied by Allied. Several residents of Soundview and Olympic view as well as nearby residents who walk in the area have fallen and been hurt. She asked how the apartment residents can compel Allied to install a ramp which would benefit the residents of Edmonds, apartment residents as well as the Donor Closet's clients. She described several disabled people who are unable to traverse the area. Council President Mesaros said he will ask Mayor Earling to have a staff person respond to her. Matthew Richardson, Edmonds, agreed climate change is happening, oceans are receding as evidenced by NASA's daily news stream. The northern hemisphere has had record high temperatures although accurate temperature measurements are not available for a long period of time; geologists examine rocks to determine temperature history. The southern hemisphere has experienced record cold temperatures. A recent NASA article reported scientists in Antarctica observed about 100,000 penguins dying of starvation because they cannot reach the edge of Antarctica to feed during the breeding season due to global cooling. As Chair of the Republican Party for 2-3 years, he acknowledged not a lot of people support the Paris Climate Accord and a lot of people do not believe in climate change. He questioned why the City Council was focusing on issues outside their purview and recommended they focus on trees and sidewalks that need to be fixed. The Verizon and PUD presentations are City business and he urged the Council to focus on Edmonds. Carlo Boli, Edmonds, commented the Unites States is the only country in the world where the oil industry has enough influence to pay to brainwash people and climate deniers. He referred to the comment during PUD's presentation that solar does not work well in this region, pointing out Germany has fewer solar hours on average than this region and it is the world leader on residential solar energy. It would have been good to ask the PUD representatives about advances in battery storage technology that can store solar, wind and hydro energy. He was encouraged to see new programs PUD is considering such as community solar shares. Edmonds City Council Draft Minutes October 17, 2017 Page 7 Packet Pg. 9 4.1.a PUD is a public utility, different from PSE which owned by the Macquarie consortium, a large Australian for -profit financial instruction. PSE continues to push natural gas, which is not natural; it is basically methane which is 86 times worse than CO2 with regard to greenhouse gas. Taking into account methane releases and leaks from the point of extraction, transportation and combustion, it is as bad or worse than coal. Two-thirds of natural gas is fraked in the United States. He suggested Edmonds think about using less natural gas and avoid getting electricity from gas powered plants. His house has a natural gas furnace and he cannot afford to replace it with a more energy efficient system. Other cities including Vancouver BC prohibit gas appliances in new residential and commercial buildings. He concluded "don't by the Kool-Aid from PSE." 6. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 10, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 10, 2017 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT 4. ACKNOWLEDGE THE RECEIPT OF CLAIMS FOR DAMAGES FROM JENNY MURPHY (AMOUNT UNDETERMINED), DELORES BJORBACK (AMOUNT UNDETERMINED), BURGER KING (AMOUNT UNDETERMINED), AND RAMON RAMOS TINOCO ($150,000.00) 5. AUGUST 2017 MONTHLY FINANCIAL REPORT 6. PERMIT SOFTWARE SYSTEM PROFESSIONAL SERVICES AGREEMENT (PSA) AND BUDGET APPROVAL 7. CRITICAL AREA ORDINANCE SECTION 23.40.220(C)(8)(A) - SELECT VEGETATION REMOVAL 8. SR-524 SPEED REDUCTION 9. UTILITY EASEMENTS FOR EXISTING UTILITIES WITHIN THE PROVIDENCENERDANT HEALTH & SWEDISHISTEVENS CAMPUS 10. AUTHORIZATION FOR MAYOR TO APPROVE RECORDING OF A PUBLIC PEDESTRIAN EASEMENT ALONG EDMONDS WAY ADJACENT TO 10032 EDMONDS WAY 11. AUTHORIZE PARKS AND RECREATION DEPARTMENT TO DISPOSE OF SURPLUS EQUIPMENT 7. PUBLIC HEARING PUBLIC HEARING TO CONSIDER THE HISTORIC PRESERVATION COMMISSION'S RECOMMENDATION REGARDING THE ELIGIBILITY OF THE GERDON HOUSE LOCATED AT 209 CASPERS STREET FOR LISTING ON THE EDMONDS REGISTER OF HISTORIC PLACES Edmonds City Council Draft Minutes October 17, 2017 Page 8 Packet Pg. 10 4.1.a Senior Planner Kernen Lien recognized HPC Member Larry Vogel and Chair Tim Raetzloff in the audience as well as property owners Kurt and Cari Campbell for their care of the house and for volunteering to have their house on the Edmonds Register of Historic Places. He reviewed: • Gerdon House - 209 Caspers Street o Nominated for consideration for placement on the Edmonds Register of Historic Places o Property owners has signed authorization form o Historic photos of house and the area • Effects of listing on the register o Honorary designation denoting significant association with the history of Edmonds o Prior to commencing any work on a register property (excluding repair and maintenance), owner must request and receive a certificate of appropriateness from the Historic Preservation Commission o May be eligible for special tax valuation on their rehabilitation o Aerial of area • Designation criteria o Significantly associated with the history, architecture, archaeology, engineering or cultural heritage of Edmonds ■ Associated with early residential growth of Edmonds ■ Built for Ira Gerdon who lived in the house until 1948 o Has integrity ■ Largely intact example of a Dutch Colonial style house o At least 50 years old, or has exceptional importance if less the 50 years old ■ House is 95 years old, built in 1922 o Falls into at least one of designation categories, ECDC 20.45.010.A -K - Embodies the distinctive architectural characteristics of a type, period, style or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction ➢ Largely intact example of Dutch Colonial style house ➢ Mail order kit house from either Montgomery Ward and Gordon Van Tine catalog, mostly likely Montgomery Ward ➢ Timber milled in Chehalis area, wood shipped ready to cut via rail and assembled on site Significant Features of the house o Original structure two-story rectangle o Steep gambrel roof o Continuous dormer on second floor o Central entryway accented by decorative panels bordered by classic columns o Small fan light above the entry and on each end of the house Recommendation o Historic Preservation Commission held a public hearing on September 14, 2017 o HPC found the nomination meets the criteria and eligible for designation on the Edmonds Register of Historic Places o HPC recommends the property be listed on the Edmonds Register of Historic Places o Ordinance provided in Exhibit 1 Councilmember Tibbott was impressed with how similar the house looks today as it did 95 years ago. He asked how many houses exist in Edmonds that are so well preserved with almost the identical front door, windows, etc. Mr. Lien answered this is the 14' historic property on the Edmonds register and the HPC is continually reaching out to other property owners. The City has had several historic surveys done that identify potential properties for listing on the register. Councilmember Tibbott concluded this house is somewhat rare and its remarkable condition make it a treasure. Edmonds City Council Draft Minutes October 17, 2017 Page 9 Packet Pg. 11 4.1.a Councilmember Teitzel complimented the Campbells for their stewardship, care and love of this house and for keeping the historic character intact and enhancing it. The house is a treasure and is highly visible on 3' Avenue; he has seen many people stop to take pictures. Council President Mesaros opened public participation portion of the public hearing. Tim Raetzloff, HPC Chair, said research discovered this was a kit house that could be ordered from Montgomery Ward's catalog. It is believed the wood was milled in Chehalis, shipped by railroad to the depot in Edmonds and hauled by truck or wagon to the location. He recognized the late Eric Livingston, HPC Vice Chair who conducted a great deal of the research. He urged the Council to accept the HPC's recommendation to place this lovely house on the register. Hearing no further public comment, Council President Mesaros closed the public hearing. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ACCEPT THE HISTORIC PRESERVATION COMMISSIONS RECOMMENDATION AND ADOPT THE ORDINANCE INCLUDED IN EXHIBIT 1 TO PLACE THE GERDON HOUSE ON THE EDMONDS REGISTER OF HISTORIC PLACES. MOTION CARRIED UNANIMOUSLY. Council President Mesaros declared a brief recess. 8. ACTION ITEMS 1. CLOSED RECORD REVIEW OF PLANNING BOARD'S RECOMMENDATION REGARDING REZONE OF PROPERTY LOCATED AT 9601 EDMONDS WAY FROM WESTGATE MIXED USE (WMU) TO COMMUNITY BUSINESS-EDMONDS WAY (BC - Council President Mesaros explained the purpose of the closed recording hearing is for the City Council to consider the recommendation of the Planning Board to approve a site specific rezone from WMU to BC- EW for a parcel located at 9601 Edmonds Way. He opened the closed record hearing and described the hearing procedures. This is a hearing on a rezone initiated by CDA & Pirscher Architects, Inc. It is not an open record hearing and there is no opportunity for public testimony and only oral argument from parties of record is allowed. Parties of record include City staff, the applicant, any person who testified before the Planning Board at the open record public hearing on the application and any person who individually submitted written comments regarding the application at the time of the open record public hearing. The Appearance of Fairness Doctrine requires the hearing be fair in form, substance and appearance. The hearing must not only be fair but also appear to be fair. He asked if any member of the decision -making body engaged in communication with opponents or proponents regarding the issue in this rezone matter outside the public hearing process. Councilmembers Fraley-Monillas, Teitzel, Buckshnis, Nelson, Tibbott, and Johnson and Council President Mesaros said they had not spoken with anyone outside the hearing process and could hear it in a fair and impartial manner. Council President Mesaros asked if any member of the Council had any conflict of interest or could not hear the matter in a fair and objective manner. Councilmembers Fraley-Monillas, Teitzel, Buckshnis, Nelson, Tibbott, and Johnson and Council President Mesaros said they have no conflicts and can hear it in a fair and objective manner. Council President Mesaros asked if there were any objection to his or any Councilmembers' participation as a decision -maker in the hearing. There were no objections voiced. Edmonds City Council Draft Minutes October 17, 2017 Page 10 Packet Pg. 12 4.1.a Council President Mesaros proposed the following procedures: Oral agreement by the applicant and parties of record be limited to five minutes per person. The Council's jurisdiction in this closed record hearing is to determine whether the applicant has met the requirements in ECDC Chapter 20.40. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE PROPOSED PROCEDURES. MOTION CARRIED UNANIMOUSLY. Staff Presentation Senior Planner Kernen Lien reviewed: Vicinity map of site and surrounding area Site History o Zoned RM-1.5 until 2007 o Rezoned to BC-EW in 2007 o Rezoned to WMU in 2015 o Site has remained undeveloped Rezone Review Criteria o ECDC 20.40.010, the Planning Board review shall at least consider the following factors in reviewing a proposed rezone ■ Comprehensive Plan: Whether the proposal is consistent with the comprehensive plan ■ Zoning Ordinance: Whether the proposal is consistent with the purposes of the zoning ordinance, and whether the proposal is consistent with the purposes of the proposed zone district ■ Surrounding Area: The relationship of the proposed zoning change to the existing land uses and zoning of surrounding or nearby property ■ Changes: Whether there has been sufficient change in the character of the immediate or surrounding area or in city policy to justify the rezone ■ Suitability: Whether the property is economically and physically suitable for the uses allowed under the existing zoning, and under the proposed zoning. One factor could be the length of time the property has remained undeveloped compared to the surrounding area, and parcels elsewhere with the same zoning ■ Value: The relative gain to the public health, safety and welfare compared to the potential increase or decrease in value to the property owners o Comprehensive Plan ■ Comprehensive Plan Designation - Edmonds Way Corridor ■ Different Comprehensive Plan Designation than rest of Westgate Area ■ Compatible Zoning - BP, BN, BC, or similar commercial zone, RM zones o Zoning Ordinance ■ Two zoning purposes - "to assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan." ECDC 16.00.010.A - "To implement the policies of Edmonds' comprehensive plan for the Edmonds Way Corridor." ECDC 16.05.005.D ■ Property is in the Edmonds Way Corridor ■ Explicit purpose of the BC-EW zone is to implement policies for the Edmonds Way Corridor o Surrounding Area ■ Site on eastern edge of Westgate Commercial Area ■ Residential above site ■ BC-EW has specific provisions intended to minimize impacts to adjacently zoned Edmonds City Council Draft Minutes October 17, 2017 Page 11 Packet Pg. 13 4.1.a o Changes ■ WMU Zone change severely limits development potential ■ Protected slopes, open space and amenity space ■ Only property in Edmonds Way Corridor in WMU zone ■ BC-EW more consistent with City's policies and intent for Edmonds Way Corridor o Suitability ■ WMU restrictions and design standards make it extremely difficult to design and economically feasible project - 340-foot contour extends into the flat gravel area on the site - WMU zone has specific open space (15% minimum) and amenity space 15% minimum requirements - Area above contour can be counted toward open space requirement but not toward amenity space requirement - Access and parking limit the developable area below the 340-foot contour line ■ BC-EW contains many features of WMU zone - WMU zone allows 35 feet and BC-EW zone allows up to 40 feet - To achieve 40 feet, development must meet three of following criteria: ➢ LEED gold certification (or comparable green building certification) ➢ Inclusion of Affordable Housing ➢ Public amenities of at least 25% the length of required street setback ➢ Low Impact Development Techniques ■ Critical area regulations to protect slopes - Any development would require geotechnical report ■ BC-EW more suitable than WMU zone o Value ■ Given the difficulties of developing the property under the WMU zone design standards, rezoning the property back to BC-EW will increase (or reestablish) the economic value of the site ■ Public health, safety and welfare will not be adversely impacted by rezoning the property back to BC-EW - Critical area regulations will ensure slope stability is not impacted - Some development standards specific to the BC-EW zone are intended to minimize impacts to adjacent residentially zoned property - Other development regulations also help protect the public health, safety, and welfare Conclusion and Recommendation o WMU zone severely restricts development potential of site o BC-EW zone specifically intended to implement the City's policies for the Edmonds Way Corridor o Critical area regulations will protect slope stability o Planning Board recommends rezone from WMU back to BC-EW Applicant Carl Pirscher, CDA & Pirscher Architects, said he moved to Edmonds when he became aware of changes made in 2015 in this area and wanted to work in an area with vitality and opportunities. He was pleased to see significant and well -conceived projects underway. He has worked on the site a number of times; he is currently the applicant for the rezone request. Previous attempts to develop a project working with other developers ran into issues on the site, particularly the topographic demarcation in the WMU zone. Mr. Pirscher displayed a topographic map that illustrates the difficulty in developing the site under the current zoning. He pointed out the property boundaries, the 340-foot contour line established by survey, 50-foot easement on the east property line for utilities, and a 16-foot easement on the Edmonds Way Edmonds City Council Draft Minutes October 17, 2017 Page 12 Packet Pg. 14 4.1.a corridor. Taking all that as well as the slope into consideration leaves little space on the site under the current zoning for a project that would be the highest and best use and add the most value to the City. The primary reason for the rezone request is to allow more flexibility on the site to successfully develop a quality project. Almost everyone interested in the property in the past wants to do a mixed -use commercial and residential project. The cost of the property is prohibitive to do much less than that. He requested the Council consider the application for rezone as recommended by the Planning Board. He supports the Findings of Fact and Recommendations as approved by the Planning Board. This is a non -project rezone and additional information including a project -related SEPA Checklist, design review, etc. will be occur later in the process. Parties of Record Rachel Ross, Edmonds, reiterated the concerns of neighboring residential properties at the top of the slope and referred to an email attached to the file. She highlighted concerns with the difference in the height limits between the zones, elimination of the boundary restriction with the contour line under the existing zone versus the proposed zoning and allowing buildings to be as high as their property, and the impact that would have on their property values, potentially 4-story mixed use building. She was also concerned with safety, the amount of traffic on Edmonds Way; difficulty accessing the highway from PCC, Walgreens and the gas station; and numerous accidents at the 95' Place West intersection. She was concerned about the type of development that could be built and whether it makes sense to build something versus leaving the lot empty. She summarized the neighbors' concerns include the type of development, safety of access to/from property, and potential impact on the protected slope areas. Councilmember Fraley-Monillas inquired about the requirements for the WMU zone. Mr. Lien responded in the WMU zone, a minimum 15% of the entire lot area must be set aside as open space and an additional 15% of the lot area must be set aside as amenity space. The area above the slope can be counted to meet open space requirements but only space below the contour line can be used to meet the amenity space requirement. A building, parking and access make it virtually impossible to meet the amenity space requirement. Councilmember Fraley-Monillas asked about 20% affordable housing. Mr. Lien answered WMU zoning allows 3 stories which is defined as 35 feet. The base height in the BC-EW zone is 25 feet, but up to 40 feet can be achieved if at least 3 of the 4 bulleted items are met (LEED Gold, inclusion of affordable housing (at least 15% of gross number of units proposed), public amenities of at least 25% the length of required street setback and low impact development techniques). Councilmember Fraley-Monillas asked how that compare with the 20% affordable housing standard at 100t1i & Edmonds Way. Mr. Lien explained the WMU zone was established as an area for the Multifamily Tax Exemption, an incentive to include affordable housing; the WMU zone itself does not require affordable housing. Councilmember Fraley-Monillas referred to the neighbors' concerns about the slopes and asked how the slope would be protected. Mr. Lien explained the slope is greater than 40% which is a potential landslide hazard area according to the Critical Areas ordinance (CAO). Any development proposal within a potential landslide hazard area or its buffer (50 feet) requires a geotechnical report. Certain findings must be made in the geotechnical report before development is allowed on the site as stated in ECDC 23.80.060 23.80.070. Section 060 which states development, 1) Will not increase the threat of the geological hazard to adjacent properties beyond predevelopment conditions; 2) Will not adversely impact other critical areas; 3) Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than predevelopment conditions; and 4) Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. Similar requirements in 070 require, a) The alteration will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions; b) The alteration will not decrease slope stability on adjacent properties; and c) Such alterations will not adversely impact other critical areas as well as a development design standard, Edmonds City Council Draft Minutes October 17, 2017 Page 13 Packet Pg. 15 4.1.a The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. Mr. Lien explained a geotechnical engineer must evaluate the development slope stability with regard to those standards and specific findings would need to be made before development would be allowed on the site. Councilmember Fraley-Monillas commented that could impact the type of development. Mr. Lien identified the 340-foot contour line that extends into the graveled area. One of concerns mentioned by the public was an ability to develop up to the edges of the properties above if the zoning were changed. A minimum 15-foot setback is required from residentially zoned properties and the setback must be fully landscaped with Type 1, the densest landscaping requirement. There are other design standards such as roof modulation facing adjacent property to ensure there is no impact. He pointed out the rezone will return the property to the zoning that existed a few years ago. Councilmember Fraley-Monillas asked about access in/out of the property, noting she is aware access to/from Edmonds Way in that area is getting more difficult. Mr. Lien was unable to comment on specific traffic impacts but explained the allowed uses in the WMU and BC-EW zones, mixed use and multi -family, are similar and the densities are the same so the rezone would not impact traffic. Councilmember Fraley- Monillas commented the geotechnical report could change the type of development that would be allowed. Mr. Lien said when a development is proposed, in addition to a geotechnical report, a traffic impact analysis is done to evaluate impacts to the corridor. A traffic study the City conducted on the Edmonds Way corridor looked at mitigation measures and there are triggers for implementing those mitigation measures; development on this site could require some of those measures be implemented. For Councilmember Teitzel, Mr. Lien said the BC-EW requires a 15-foot setback from residentially zoned property. Councilmember Teitzel asked the minimum distance from the toe of the slope (340-foot contour line) to the property line; Mr. Lien estimated it was 80 feet on the eastern -most edge of the property. Councilmember Teitzel observed to build within 15 feet of the property line, the developer would need to cut into the steep slope and he would be surprised if that was allowed under the CAO. Mr. Lien said that would not be allowed where the easement is located. The zone requires a 15-foot setback but the geotechnical report would consider how far it would be possible to dig into the hillside without impacting slope stability. Design standards in the criteria for a geotech report include, Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography. He noted slope stability can also be engineered. With regard to the difficulty providing amenity space, Councilmember Teitzel commented providing below -grade parking would free up amenity space. Mr. Lien agreed it would help but the requirement is 15% based on the entire parcel area. The 340-foot contour line and the easement leave a small space for development, amenity space, access, etc.; even with underground parking, the site would be fairly tight. Councilmember Buckshnis relayed concern that so much time was spent creating the WMU zoning and asked whether other properties will want their zoning changed back to the original zoning or is this such a unique parcel that other parcels will not make a similar request. Mr. Lien answered with the approval of any code, there are unforeseen consequences. There are two properties, this is one of them, that are impacted by the contour lines. He identified a parcel across the street that is completely above the contour line. The site is developed and has been for sale; the City tells interested parties that the existing development above the contour line can be maintained. That is not part of tonight's hearing but will need to be addressed in the future. Councilmember Buckshnis asked about the gas station property. Mr. Lien explained when the BC-EW zone was established in 2007, only a few properties along Edmonds Way were zoned BC-EW. He identified properties that were zoned BC-EW zone. Edmonds City Council Draft Minutes October 17, 2017 Page 14 Packet Pg. 16 4.1.a Councilmember Buckshnis commented the biggest difference is the building height in the WMU zone is limited to 35 feet but the height in BC-EW can be up to 40 feet; Mr. Lien agreed. Councilmember Buckshnis referred to the criteria to achieve additional height in BC-EW, noting one of the criteria is low impact development (LID) techniques which are not well defined in the code and it is actually on tonight's agenda. Mr. Lien answered while the code may not define LID well, the stormwater update includes a definition for LID as it pertains to stormwater infiltration, rain gardens, green roofs, etc. It would be difficult to utilize LID on this site other than stormwater or pervious surfaces. Councilmember Nelson asked if the current proposal was mixed use and Mr. Lien said the current proposal is a site -specific rezone to rezone the property from WMU to BC-EW; this is not a development proposal. Councilmember Nelson asked if the intent was mixed use development. Mr. Pirscher answered the property is being marketed for sale and is very expensive. He hoped to be involved in subsequent development of the site and was fairly confident the project would need to be of sufficient size such as a mixed use project to justify the cost of the property. Councilmember Nelson expressed concern with the amount of time, study and analysis done to create and change the zoning and now undoing that. He suggested the Council needed to be very careful due to the amount of effort that went into changing the zoning. Councilmember Tibbott echoed some of Councilmember Buckshnis and Councilmember Nelson's concerns. Recognizing there were no geotechnical reports for this property, he asked how this site was unique from other properties in the WMU zone. Mr. Lien answered the contour line of the slope. Councilmember Tibbott asked for an explanation of a contour line. Mr. Lien explained with the WMU zone, protected slopes were established in three quadrants, one matched an old contract rezone for the site, the contour line for the slope behind Bartell follows the base of the existing retaining wall and the contour on the subject site followed the 340-foot line and he was uncertain how that was established. On the Bartell site, there is a lot of space between the slope and Edmonds Way, providing more room below the contour line to meet amenity space requirements. On this site, the contour line is close to Edmonds Way and limits the area to provide amenity space. In meeting the amenity space requirement, the entire parcel is included in the 15% calculation but the area where the amenity space can be provided is very limited. Councilmember Tibbott summarized the contour line removes a large piece of the property from usefulness because it is closer to road than the Bartell site. Mr. Lien pointed out the properties on the south side of the WMU zone are also narrow but the property line is basically the location of the contour line. Councilmember Tibbott relayed his understanding nothing could be developed on the easement to the east. Mr. Lien said development of structures would generally be prohibited on top of a utility easement. Councilmember Tibbott inquired about the easement to the south and Mr. Lien explained it is a right-of- way easement to WSDOT. There is a sidewalk there and if this property were developed, frontage improvements would be required to bring it up to the City's current standards. Councilmember Tibbott asked if those standards would be similar to the rest of WMU. Mr. Lien said Edmonds Way corridor requires a certain sidewalk width with a planter between the sidewalk and Edmonds Way. Councilmember Tibbott did not want a section of sidewalk that differed from the remainder of the WMU zone. Mr. Lien said the sidewalk standards are the same in that area regardless of the zoning. Councilmember Tibbott expressed concerned with the possibility of another giant retaining wall like the property to the west and asked what process would be required to do that again and whether the new CAO standards or geotechnical reports would address that. Mr. Lien said other than what he cited earlier, no. Councilmember Tibbott commented theoretically there could be another retaining wall and Mr. Lien agreed that was theoretically possible. Edmonds City Council Draft Minutes October 17, 2017 Page 15 Packet Pg. 17 4.1.a Councilmember Johnson expressed concern this property was being considered for development as if it were flat. There are physical constraints and although a retaining wall could be built to make it as flat as possible, she was not certain the City Council needed to be concerned with marketability or price of the land. She requested City Attorney Jeff Taraday respond. Mr. Taraday explained one of the factors the Council is allowed to consider in a site -specific rezone is the relative gain to the public, health, safety and welfare compared to the potential increase or decrease in the value to the property owners. He summarized it is not an irrelevant concern because the code does speak to the potential increase or decrease in value to the property owner but it is one of several factors the Council should consider in approving a site -specific rezone. Councilmember Johnson asked how this differed from a spot rezone. Mr. Taraday answered this a site - specific rezone; if the Council determines this applicant met the criteria in 20.40.010, then it is not spot zoning. Councilmember Johnson recalled a party of record referred to the height of the potential structure relative to their backyard. It appeared to her the top of the contour zone would be approximately 10 feet taller than the height of the allowed building and asked for verification. Mr. Lien commented there is another difference related to height in the two zones; in the WMU zone, height is measured from the grade at Edmonds Way. In all the other zones throughout the City, height is measured from an average grade; the elevation at four corners of the smallest rectangle around a structure, divided by four results in an average grade and height is measured from that. He identified the 340-foot contour, Edmonds Way is approximately 336; 35 feet from Edmonds Way would be 370 feet and the property line above is 379 feet. He acknowledged the height of the property behind varied from 363 to 379. However, it is difficult to say what a building on the site would look like without knowing the exact footprint that would be used to calculate the height. Councilmember Johnson referred to the 363-foot contour which appeared to be the lowest contour for the adjacent neighborhood and asked about the impact on the adjacent neighborhood from the two different zones. Mr. Lien said without knowing the exact footprint of a proposed development, he could not say what the exact impact would be. It could be at least 5 feet above and potentially a little bit more given how average grade is calculated versus measuring height from Edmonds Way. Councilmember Johnson asked how neighbors to the proposed rezone would be protected from impact. Mr. Lien answered the setback from the property is a minimum of 15 feet and he did not envision a building could be built into the slope 15 feet from the property line. The 15-foot setback must be fully landscaped with a Type 1 landscaping which is the densest landscaping. There are also design standards intended to minimize impact to adjacent property. Councilmember Johnson did not think the densest landscaping would protect a neighbor because the trees would need to be very mature and certain species to provide screening. Mr. Lien said Type 1 requires two rows of evergreens at least 10-feet wide backed by a 6-foot solid fence. Another standard that would minimize impact to adjacent property states, where a proposed development abuts a single family residential zone, in addition to complying with subsection a of this footnote (setback), the proposed development shall modulate design of the building facades facing single family residentially zoned properties. Councilmember Tibbott recalled when this zone was developed, allowable heights in some areas were limited to 25 feet. Mr. Lien explained stories were establish in the WMU zone; this property was 3 stories which in the WMU zone is 35 feet. Councilmember Tibbott recalled reading in the Planning Board minutes, a 40-foot building measured from Edmonds Way would result in a building approximately 15 feet above the slope, similar to a neighbor's roofline. Mr. Lien said because the contours vary, the height would depend. In the middle of the site, the contour is 336; under the WMU zone a building could be 35 feet or 370 feet. In other areas, the building could be 10-15 feet above the slope. Councilmember Tibbott Edmonds City Council Draft Minutes October 17, 2017 Page 16 Packet Pg. 18 4.1.a summarized the top of the roof would be about even with the top of the slope. Mr. Lien said with the BC- EW zoning, the building could be 40 feet which is 5 feet taller and potentially more because height is measured from average grade. Councilmember Tibbott summarized property owners on the top of the slope would be looking at the top of a roof not into windows. Mr. Lien could not say without knowing the exact development but assured it would be a modulated roof. Mr. Taraday suggested the parties of record have an opportunity to briefly rebut statements made during Q&A. Rebuttal Mr. Pirscher said he found the discussion very interesting. If the rezone is approved, a substantial amount of work needs to be accomplished to move forward including design review, SEPA checklist, engineering, etc. His understanding was they are prohibited from developing any physical improvements on the site above the 340-foot contour line. Their application package included geotech reports done for an earlier project; a significant amount of engineering will be required to make this site work. The further a project is setback from the slope, the less expensive it will be and require less engineering. He assumed a compact building base due to technical difficulties in developing the site. The 340-foot contour line plus the amenity space requirements of the WMU zone make it very difficult to undertake a project on the site. Ms. Ross said on her property, the top of a potential structure would be 20 feet above her property line. She would not be looking at roofline but into apartments. She pointed out the original property owner was not concerned with the contour line when the property was rezoned to WMU and they are not present tonight; only the applicant, a potential purchaser, and impacted residents are present. It was her understanding the current zoning limited the type of building that could be constructed. The limited area on the site where building could occur under the current zoning helps mitigate her concerns with traffic safety. Council President Mesaros relayed the question before the Council is whether the applicant has made the showing required by ECDC Chapter 20.40. The City Council must base its decision on evidence in the record, not new evidence presented for the first time presented during the closed record hearing. The City Council may approve, modify or reject the recommendation of the Planning Board. If the City Council wishes to approve the Planning Board recommendation, the ordinance in the packet can be adopted. Councilmember Johnson asked about the rectangles on the map above the contour line. Mr. Lien said they are ecology blocks. Councilmember Johnson asked if the public amenity space could be above the contour line. Mr. Lien said that is specifically prohibited by the code. The difference between open space and amenity space is open space does not have to have access. The amenity space is intended to be usable space and the contour line is intended to protect the slopes. If development is prohibited above the contour line, it is not usable space. Councilmember Johnson identified an area above the contour line that would be suitable for amenity space. Mr. Lien agreed it would be a nice place for amenity space but, according to the WMU zone requirements, that area could not be counted toward the 15% amenity space requirement because area above the contour line cannot be counted. Councilmember Johnson said that would be another way to solve problem. Mr. Lien said that is not the issue before the Council; allowing useable amenity space above the contour line would require changing the WMU zone design standards. Councilmember Johnson commented there is about a 9- inch difference between 339.6 and 340.3 feet. Councilmember Buckshnis said if she reads 20.40 literally, the applicant has complied with it. She has reservations due to the hours spent on Westgate planning. With regard to complying with three of the four criteria, she reiterated her concern with LID. She asked if the Council could require a development comply with all four criteria. Mr. Taraday said that would be similar to a contract rezone which requires the Edmonds City Council Draft Minutes October 17, 2017 Page 17 Packet Pg. 19 applicant propose the conditions as part of an application. The section of code regarding contract rezones states, an applicant may propose conditions to be imposed by a contract on a rezone. If the applicant wishes to take this approach, the proposed conditions shall be reviewed at all public hearings on the rezone. While theoretically that could be could be done, it is not before the Council tonight. Mr. Lien acknowledged one of Councilmember Buckshnis' concerns was LID not well defined in BC-EW zone. He read from Chapter 16.50 regarding the BC-EW zone, "Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use." While the code does not define LID, it includes several examples of LID techniques envisioned for the BC-EW zone. Councilmember Tibbott found the argument that this was a unique property compelling, it is very close to the street and would be very difficult to develop under the WMU requirements. If the zoning is changed back to BC-EW, it removes the requirement for amenity space. Mr. Lien answered there could potentially be amenity space provided to achieve the additional height, 25% of the required setback. While the amenity space requirement of 15% of the entire lot area would not be required under BC-EW, some amenity space may be provided such as a wider sidewalk. etc. Councilmember Tibbott suggested the Council take more time to make a decision. Council President Mesaros asked about options for postponing a decision. Mr. Taraday said the Council is not required to reach a decision tonight but if the decision were delayed to a future meeting, the Council would need to go through the Appearance of Fairness declarations again. If the Council does not want to make a decision tonight, he recommended continuing to a date certain so the applicant and parties of record know when to return. The Council needs to take action on this land use application with reasonable promptness. Council President Mesaros suggested continuing to November 14. Mr. Lien said he would like to be present when the Council considered it again and suggested continuing to October 24 as his last day is November 3. Council President Mesaros said he will not be present next week but all Councilmembers will be present on November 14. Councilmember Buckshnis agreed with taking more time to think about it but relayed a concern that the public would begin contacting Councilmembers. Councilmember Fraley-Monillas was unsure it was relevant that all Councilmembers be present. She asked if Mayor Earling could break a tie vote. Mr. Mr. Taraday said no, the Mayor cannot vote on an ordinance. Discussion continued regarding a date. Mr. Taraday explained because this is a closed record review, Councilmembers should not do any further investigation, visit the site, etc. between now and the next meeting. He acknowledged it was a difficult question but was uncertain how the Council would benefit from having an extra week to consider it. Given the possibility of ex parte communication, a delay may make it more difficult. Councilmember Nelson recommended the Council make a decision tonight and asked about options. Mr. Taraday said the Council can approve, modify or reject the Planning Board's recommendation. The ordinance in the packet is related to approval of the Planning Board's recommendation. Modifying the recommendation is not applicable unless there was another zone but that was not considered by the Planning Board. COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REJECT APPROVAL OF THE ORDINANCE. Edmonds City Council Draft Minutes October 17, 2017 Page 18 Packet Pg. 20 4.1.a Council President Mesaros asked if he could vote as he was sitting in for the Mayor and Mr. Taraday said he could. Councilmember Buckshnis said she reread the Planning Board minutes and the Council has made statements similar to Planning Board Members' concerns. If the Council literally follows Chapter 20.40 rezone criteria, she supported approving the Planning Board's recommendation. Mr. Taraday said if the motion passes, he will need to prepare alternate Findings of Fact for Council consideration at the next meeting. Councilmember Fraley-Monillas asked if application meet the definition of 20.40.010. Mr. Lien referred to the rezone criteria: • Consistent with the comprehensive plan o BC-EW is one of the zones listed for the Edmonds Way Corridor • Consistent with the Zoning Code o One of the specific purposes of the BC zone is to implement policies of the Comprehensive Plan for the Edmonds Way Corridor • Surrounding Area o BC-EW zoning existed previously o Similar uses to WMU o Mixed use is one of the specific structures allowed in both the WMU and BC-EW zones o Impacts to the surrounding area are the difference between 35 and 40 feet and how it is measure • Changes o WMU severely limits how development can occur on the site • Suitability o Several developers have considered the site without success o Uses in BC-EW are similar to WMU o CAO apply in both zones • Value o While it may not be undevelopable with WMU zoning, the economic feasibility questionable Mr. Lien summarized in his analysis of the proposal, he felt the applicant met all the review criteria. Councilmember Fraley-Monillas commented after spending a long time carefully rezoning that area a short time ago, it was difficult to change it. However, she was not confident that was the applicant's fault. If the applicant has met the criteria, she was unsure how their request could be denied. She understood the request to delay the decision but would support the applicant's request although she was still struggling with the decision. Councilmember Buckshnis referred to a Planning Board Member's comment that it is either black or white; she did not support the motion. Councilmember Johnson preferred to delay a decision for a week and therefore will abstain from the vote. COUNCILMEMBER NELSON WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECONDER. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, THAT BASED ON THE FINDINGS OF FACT, CONCLUSIONS, ANALYSIS AND ATTACHMENTS IN THE STAFF REPORT, THE CITY COUNCIL APPROVE THE REQUEST TO REZONE PROPERTY AT 9601 EDMONDS WAY FROM WESTGATE MIXED USE (WMU) TO COMMERCIAL BUSINESS — EDMONDS WAY (BC-EW) (FILE NUMBER PLN2170034). Edmonds City Council Draft Minutes October 17, 2017 Page 19 Packet Pg. 21 4.1.a Mr. Taraday clarified the motion was to approve the ordinance in the packet and Councilmember Buckshnis agreed that was her intent. UPON ROLL CALL, MOTION CARRIED (4-2-1), COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS AND TEITZEL AND COUNCIL PRESIDENT MESAROS VOTING YES; COUNCILMEMBERS NELSON AND TIBBOTT VOTING NO, AND COUNCILMEMBER JOHNSON ABSTAINING. Council President Mesaros declared a brief recess. Mayor Earling announced due to the late hour, the Council would consider Agenda Items 8.2, 8.3 and 9.1 and the remaining agenda items would be continued to a future meeting. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AGENDA TO CONSIDER ONLY AGENDA ITEMS 8.2, 8.3 AND 9.1 AND CONTINUE THE REMAINING ITEMS TO A FUTURE MEETING. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. 2. PLANNING BOARD RECOMMENDATION TO CHANGE THE COMPREHENSIVE PLAN LAND USE DESIGNATION FOR PROPERTIES AT 9111 AND 9107-236TH ST. SW FROM SINGLE FAMILY URBAN 1 (SFU1) TO EDMONDS WAY CORRIDOR (EWC) Associate Planner Brad Shipley reviewed: • Process: Type V Legislative Action o Application o Public hearing before Planning Board o Public hearing before City Council o City Council takes action on all Comprehensive Plan amendments collectively o If Comprehensive Plan amendment is approved, applicant may submit for a rezone to a compatible zoning classification • Aerial map of subject site — 236t' St SW & Edmonds Way, between Edmonds Way and Madrona School • History: o Currently developed with a SFR and legal, non -conforming multi -family residence 0 9107 236th St. SW Developed in 1960 0 9111 236th St. SW Developed in 1958 and 1970 o Parcels were annexed into the City in 1997 • Proposal o Change Comp Plan designation from Single Family Urban 1 to Edmonds Way Corridor o If a change to the Comp Plan designation is approved, the applicant indicated that they would seek a rezone to RM-1.5 Comprehensive Plan Land Use Compatible Zoning Classifications Designation Type Edmonds Way Corridor Commercial BP, BN, BC or other similar commercial zone; RM Edmonds City Council Draft Minutes October 17, 2017 Page 20 Packet Pg. 22 4.1.a • Planning Board reviewed the criteria on April 26, 2017 and made the recommendation to approve the proposed Comp Plan amendment. • Today, we are seeking approval to continue with the process with the understanding that final approval will occur at a later date. Councilmember Fraley-Monillas said Ms. Hope had answered all her questions. Councilmember Tibbott asked how many parcels would be allowed if the property were rezoned to RM 1.5. Mr. Shipley said RM 1.5 allows 1 unit for every 1,500 square feet of lot area so approximately 21 units would be allowed. Councilmember Tibbott commented 21 units appeared to be compatible with other multifamily in the area. Mr. Shipley agreed there was multifamily development on three sides and one of the sites is currently developed multifamily although it is a legal non -conforming building. Councilmember Tibbott expressed support for changing the Comprehensive Plan designation. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO APPROVAL CHANGING THE COMPREHENSIVE PLAN LAND USE DESIGNATION FOR PROPERTIES AT 9111 AND 9107-236TH ST. SW FROM SINGLE FAMILY URBAN 1 (SFUI) TO EDMONDS WAY CORRIDOR (EWC). MOTION CARRIED UNANIMOUSLY. 3. FISHING PIER REHABILITATION PROJECT City Engineer Rob English explained this is a request for additional funding for the fishing pier. It was presented to the Parks, Planning & Public Works Committee who recommended it be presented to the full Council. The project began in spring 2016, the bulk of the improvements were built between spring and December. Improvements were made to the top of the pier deck (shelters, railing, benches, lighting and other amenities) as well as structural repairs to the underside of the pier structure. In May 2016, staff requested additional funding due to the condition of the edge on both sides of the pier. He displayed photographs of the deteriorated concrete and rebar, described the edge repair and displayed a photograph of the alternate edge repair. The edge joint repairs met contract requirements. This funding request is related to the center joint repairs. He displayed a cross-section of the pier illustrating the two piers coming out of the water at an angle and a pile cap on top with two T-cross sections on the pile cap that abut to a joint in the center of the pier. Repair of that j oint was part of the contract and the contractor attempted to make those repairs. He displayed a photograph of the demolition of the existing concrete and prepped for the new concrete patch. The contractor would then have placed a form board under the pier and bottom and poured high strength concrete through bored holes into the void. He displayed a photograph of the finished product showing the deficient center joint repair. During bond strength testing, the first pier bay passed but all subsequent pier bays failed the bond strength test; out of 12 total bays, only #3 passed the bond strength test. Mr. English reviewed: • Construction timeline Feb 2016 Contract awarded to Razz Construction March 2016 NTP provided to Razz April 2016 Edge repairs unforeseen condition May -August 2016 Alternate edge repairs completed, center joint repairs completed August & September Contractor notified of failed tests on center joint Aug -Dec 2016 Contractor completes remaining improvements July 2017 Razz remobilized onsite July & Sept 2017 Razz performs testing on center joint repairs Oct 2017 Razz submits epoxy injection submittal o Contractor's submittal is currently being reviewed. One of the advantages is it would be a much quicker repair than removing the concrete patch. Likely the contractor will do one pier bay and Edmonds City Council Draft Minutes October 17, 2017 Page 21 Packet Pg. 23 if it passes the bond strength test, likely he will be allowed to finish the remaining pier bays using that process. Funding Construction Funding Amount 132 Parks Fund $100,000 Recreation & Conservation Office Funds $800,000 Aquatic Lands Enhance Funds $500,000 Additional RCO Funding $450,000 WDFW Funding $50,000 Total Funding $1,900,000 • Expenditures Construction Costs Amount Contract Award (adjusted for 10.3% tax rate) $1,007,069 Change Orders $417,506 Inspection/TestingInspection/Testing Services $193,988 Consultant Construction Engineering Support $162,042 City Staff (Project m mt. & contract administration) $115,605 Claim Support $10,000 WDFW — project mgmt. $6,000 Miscellaneous $2,625 Si na e $20,400 Management Reserve $39,765 Estimated Total $1,975,000 Estimated Shortfall (BEET 126 Fund) $75,000 Mr. English advised the contractor has put the City on notice that he plans to file a claim. Even if the work is completed, the amount of legal/claim support that will be required is unknown. Councilmember Tibbott relayed his understanding the joint does not impair the safety of the pier and Mr. English agreed. Councilmember Tibbott asked about the use of the additional $75,000. Mr. English said it will be used for inspection, testing, City staff time, etc. Councilmember Teitzel expressed frustration with the process. Based on his understanding of the facts, this contractor has failed to perform to the terms of the contract and he was mystified why the contractor would file a claim against the City if he failed to meet the contract's terms. City Attorney Jeff Taraday suggested potential litigation or claims be discussed in executive session. Councilmember Teitzel asked if the Council could potentially recover the funds via counter claim. Mr. Taraday suggested that also be discussed in executive session. Councilmember Fraley-Monillas observed the same company would do the work and Mr. Williams said yes. Councilmember Fraley-Monillas advised the electricity is out again on the fishing pier, noting there have been constant problems with lighting and electrical outlets not working. She suggested for an expenditure of $2 million the electricity should work. Mr. Williams said staff continues to look into that issue. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO AUTHORIZE THE ALLOCATION OF $75,000 ADDITIONAL BUDGET TO COMPLETE THIS PROJECT. Councilmember Buckshnis asked for confirmation that approving the additional funds was not acquiescing to anything. Mr. Williams said these funds will be spent by the City and would not be admitting to anything. Edmonds City Council Draft Minutes October 17, 2017 Page 22 Packet Pg. 24 4.1.a MOTION CARRIED (6-0-1), COUNCILMEMBER TEITZEL ABSTAINING. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO EXTEND THE MEETING UNTIL 10:40 P.M. MOTION CARRIED UNANIMOUSLY. 9. STUDY ITEMS 1. INTRODUCTION TO LOW IMPACT DEVELOPMENT CODE INTEGRATION Development Services Director Shane Hope recalled the stormwater code was adopted recently; these are minor amendments to rest of ECDC to clarify and not discourage low impact development (LID) for stormwater purposes. Engineering Program Manager Jeanne McConnell reviewed: • Why is the code being updated? o Mandated by Department of Ecology o Compliance with 2013-2018 Western Washington Phase II Municipal Stormwater Permit (NPDES) required o City required to review and revise codes, policies and standard details o Eliminate barriers that would prevent incorporation of low impact development principles and best management practices • What is Low Impact Development (LID) o A stormwater management and land development strategy that emphasizes conservation and the use of on -site natural features ■ Stormwater ■ Minimizing Grading ■ Solar Opportunities ■ Minimizing Impervious Surface Areas • What is the City doing? o City Stormwater Code — ECDC 18.30 ■ 2016 — New Code approved by City Council ■ 2017 — Stormwater Code Effective ■ New code requires stormwater runoff to be managed on site where feasible. o Standard Details are being updated o Other development -related codes have been reviewed • Proposed Code Changes o Code language being updated to present opportunities for LID o Encourage permit applicants to think about LID in beginning stages of design o Update terminology • Examples of changes to language o ECC 9.20.010(A) - Streets and Sidewalks, Definitions: "Concrete curbs and gutters" means that portion of the roadway edge of the roadway constructed to city standards. (Standar- Speeifiea4ioas o ECDC 18.00.010(B)(4) — Public Works Application Req's: "A site plan, to scale, showing existing and proposed structures, and improvements and affected streets, utilities, vegetation, LID elements, etc.;" o ECDC 20.11.030(B)(1) — General Design Review Criteria, Site Treatment: Grading, vegetation removal and other changes to the site shall be minimized to protect where natural resources, limit disturbance of native soils, and encourage low impact development. beauty &dse�: +s Edmonds City Council Draft Minutes October 17, 2017 Page 23 Packet Pg. 25 o ECDC 20.75.020 - Subdivisions, Purposes: ■ Add the following new sections: - "To promote the preservation of critical areas and encourage low impact development" - "To encourage site design that can make the best use of renewable energy resources including solar and geothermal" - "To encourage low impact development (LID) practices when providing for streets and sidewalks" o ECDC 21.55 - Definitions - "L" Terms: ■ Add definition Low Impact Development (LID): - A stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and the use of on -site natural features. See Title 18.30 Stormwater Management for additional LID related terms, including Impervious Surface, Bioretention, Pervious Surface and On -site Stormwater Management BMP. Ms. Hope said this is an introduction, staff will return for a public hearing and ordinance on November 6. Councilmember Buckshnis asked about the status of the code rewrite. Ms. Hope said there are a lot of things in the code to consider but because there is a deadline with regard to stormwater, the focus has been on stormwater. The entire code was reviewed with regard to LID opportunities. Councilmember Buckshnis referred to Edmonds being one of 94 cities that has been issued a permit and asked if the City would be penalized if the code were not updated. Ms. Hope said there is currently no penalty but Ecology has indicated they are tentatively satisfied if the City completes this this year. Councilmember Teitzel referred to decision criteria for PRDs that states, minimize the use of impervious surfacing materials through the use of alternate materials or methods such as open cell grid pavers or shared driveways. However, Public Works Requirements Code 18.95.020(C), states parking lots shall be hard surfaced. He asked whether that was a conflict and if the latter section should be revised to read something like, "parking lots shall be hard surfaced but pervious pavers should be used where feasible." Ms. Hope answered the definition of hard surface allows for pervious and impervious surfaces. Councilmember Teitzel asked if the language should be amended to make that clearer. Ms. McConnell said hard surface is specifically defined in the stormwater code and uses terminology directly from Ecology. The terminology previously stated impervious surfaces, it was expanded to say hard surfaces which includes pervious and impervious types of pavement. The remaining agenda items were continued to a future meeting. 2. 2018 BUDGET PRESENTATIONS 10. REPORTS ON COUNCIL COMMITTEES 1. COUNCIL COMMITTEE REPORTS 11. MAYOR'S COMMENTS 12. COUNCIL COMMENTS 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. Edmonds City Council Draft Minutes October 17, 2017 Page 24 Packet Pg. 26 4.1.a 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 15. ADJOURN With no further business, the Council meeting was adjourned at 10:33 p.m. Edmonds City Council Draft Minutes October 17, 2017 Page 25 Packet Pg. 27 4.2 City Council Agenda Item Meeting Date: 10/24/2017 Approval of claim, payroll and benefit checks, direct deposit and wire payments. Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #227908 dated October 13, 2017 for $49.75, claim checks #227909 through #228015 dated October 19, 2017 for $673,024.85 and wire payment of $11,225.17. Approval of Law Enforcement Commissioned Employees retroactive pay per union contract - check #62868 through #62934 for $151,819.04. Approval of payroll direct deposit and checks #62935 through #62942 for $515,316.74, benefit checks #62943 through #62948 of $574,218.10 for the pay period October 1, 2017 through October 15, 2017. Staff Recommendation Approval of claim, payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claim ck 10-13-17 claim cks 10-19-17 wire 10-19-17 FrequentlyUsedProjNumbers 10-19-17 law enforcement 1 law enforcement 2 law enforcement 3 law enforcement 4 payroll summary 10-20-17 payroll benefit 10-20-17 Packet Pg. 28 4.2.a vchlist 10/19/2017 9:01:16AM Bank code: usbank Voucher Date Vendor 227908 10/13/2017 075025 BRANDING IRON LLC 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds Invoice PO # Description/Account 4060 TAMING BIGFOOT POSTER PRINTII Taming Bigfoot Poster printing 001.000.11.511.60.49.10 10.3% Sales Tax 001.000.11.511.60.49.10 Total Bank total Total vouchers Page: 1 a� L 3 c c� r .N Amoun a a) U w 45.1( 73 U 4.6: U 49.7E t U 49.7E c 49.7E c c� Page: 1 Packet Pg. 29 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227909 10/19/2017 076040 911 SUPPLY INC 227910 10/19/2017 076230 AARDVARK 227911 10/19/2017 000850 ALDERWOOD WATER DISTRICT 227912 10/19/2017 071634 ALLSTREAM 227913 10/19/2017 065568 ALLWATER INC Voucher List City of Edmonds 4.2.b Page: 1 Invoice PO # Description/Account Amoun 0- am IN-10417 INV#IN-10417 - EDMONDS PD - STA BLAUER 8567 PANTS 001.000.41.521.22.24.00 89.9E 10.0% Sales Tax vi Y 001.000.41.521.22.24.00 9.0( m Total : 98.95 ISTD-16808 INV#ISTD-16808 - EDMONDS PD r - 14" BROCO DIAMOND QUICKIE BLE a� 628.000.41.521.23.31.00 177.5( Freight 628.000.41.521.23.31.00 15.0( — Sales Tax o 628.000.41.521.23.31.00 18.2� ca Total: 210.7$ a E 10164 MONTHLY WHOLESALE WATER Cl- 2 MONTHLY WHOLESALE WATER Cl-,- 421.000.74.534.80.33.00 171,301.3E o Total: 171,301.3E 0 14945871 C/A 768328 Q- a PR1-1 & 2 City Phone Service Q 512.000.31.518.88.42.00 955.0E ti Tourism Toll free lines 877.775.6929; a6 001.000.61.558.70.42.00 8.6E Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 8.6E Y Total: 972.41 u E 101317053 FINANCE DEPT WATER Finance dept water 001.000.31.514.23.31.00 48.2( 101317054 WWTP: 10/16/17 DRINKING WATER E Water services (plus rental/supplies r Q Page: 1 Packet Pg. 30 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227913 10/19/2017 065568 ALLWATER INC 227914 10/19/2017 073573 ANIXTER Voucher List City of Edmonds Invoice (Continued) 23K165598 227915 10/19/2017 074718 AQUATIC SPECIALTY SERVICES INC 14124 227916 10/19/2017 069751 ARAMARK UNIFORM SERVICES 227917 10/19/2017 071377 ARGUELLES, ERIN 227918 10/19/2017 075061 ARTSITE LTD LLC PO # Description/Account 423.000.76.535.80.31.00 CITY HALL - SUPPLIES City Hall - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 PM:TRUOX PM:TRUOX 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 4.2.b Page: 2 m L 3 c Amoun c a am 23.0: Total: 71.2E Tota Tota 1990390950 WWTP: 10/11/17 UNIFORMS, TO wwtp uniforms 423.000.76.535.80.24.00 wwtp mats & towels 423.000.76.535.80.41.00 10.3% Sales Tax 423.000.76.535.80.24.00 10.3% Sales Tax 423.000.76.535.80.41.00 Tota 10/06 REIMB WOTS 10/06 REIMB WOTS EXPENSES 10/06 REIMB WOTS EXPENSES 117.100.64.573.20.31.00 Tota 1444 PA MAINT JENSEN TOTEM POLE PA MAINT JENSEN TOTEM POLE M 0 Y 221.7( 22.8z - 1 : 244.59 y 254.0( o L c� 26.1( a I : 280.1( WE U 0 2 0.5< ti 11.9z 133.5E U) U E 400.2' n 1 : 400.2' c a� E t U r Q Page: 2 Packet Pg. 31 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 227918 10/19/2017 075061 ARTSITE LTD LLC (Continued) 117.200.64.575.50.41.00 10.3% Sales Tax 117.200.64.575.50.41.00 Tota 227919 10/19/2017 071124 ASSOCIATED PETROLEUM 1146046-IN WWTP: 10/13/17 DIESEL FUEL ULSD #2 DYED - BULK fuel (includ 423.000.76.535.80.32.00 10.3% Sales Tax 423.000.76.535.80.32.00 Tota 227920 10/19/2017 001777 AURORA PLUMBING & ELECTRIC INV240572 PW/FLEET - REGAL CLOSET PW/Fleet - Regal Closet 001.000.66.518.30.31.00 10.1 % Sales Tax 001.000.66.518.30.31.00 Tota 227921 10/19/2017 075217 BASLER, TONY 22564 SPANISH INTERPRETER COURT 6 SPANISH INTERPRETER COURT 001.000.23.512.50.41.01 Tota 227922 10/19/2017 072577 BAURECHT, MAGRIT INFO PANELS INFORMATIONAL PANELS -CC DE DESIGN INFORMATIONAL PANEL 001.000.11.511.60.49.10 Tota 227923 10/19/2017 076260 BELAIR, ROGER 6053 PICKLE -BALL 6053 PICKLE -BALL INSTRUCTION 6053 PICKLE -BALL INSTRUCTION 001.000.64.571.25.41.00 Tota 227924 10/19/2017 073760 BLUELINE GROUP LLC 14019 E6JC.SERVICES THRU 9/30/17 E6JC.SERVICES THRU 9/30/17- 4.2.b Page: 3 m L 3 c Amoun c a a) 1,120.2E L 115.3� `a 1,235.61 c m t e r 2,450.6E a c a) 252.4' 2,703.0E 0 0 L ns 170.0( a E 17.1 1 .2 187.1 j ,- 0 L ; 62 0 107.5( a 107.5( Q CI S- a6 1,670.0( o r I: 1,670.0( N U E M 85.0( 6 1 : 85.0( c W E t U ns r Q Page: 3 Packet Pg. 32 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227924 10/19/2017 073760 BLUELINE GROUP LLC 227925 10/19/2017 072005 BROCKMANN, KERRY 227926 10/19/2017 066578 BROWN AND CALDWELL 227927 10/19/2017 067594 BROWN, MICHAEL 227928 10/19/2017 076240 CADMAN MATERIALS INC 227929 10/19/2017 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 421.000.74.594.34.41.10 Tota FALL YOGA 5945 5954 5957 YOGA INSTRUCTI 5945 YOGA INSTRUCTION 001.000.64.571.27.41.00 5954 YOGA INSTRUCTION 001.000.64.571.27.41.00 5957 YOGA INSTRUCTION 001.000.64.571.27.41.00 Tota 149109 WWTP: 7/28-8/24/17 TASK 1 CLA Task 1 Clarifier 3 423.000.76.535.80.41.00 Tota BC94818 SICK LEAVE BUYBACK SICK LEAVE BUY BACK 422.000.72.531.70.11.00 Tota 9436385089 PM: VETERANS PLAZA PAD PM: VETERANS PLAZA PAD 001.000.64.576.80.31.00 8.6% Sales Tax 001.000.64.576.80.31.00 Tota 17871605 COPY MACHINE CONTRACT IRC3 COPY MACHINE CONTRACT IRC3 001.000.23.512.50.45.00 BW METER USAGE 05/01/2017-09 001.000.23.512.50.45.00 10.3% Sales Tax 4.2.b Page: 4 m L 3 c Amoun c a m 5,168.0' 1 : 5,168.0' L C vi Y 389.1( 702.0( - c a� 182.2E I: 1,273.3E RI p L c� 1,423.2z a I: 1,423.2i U w- 0 120.7E > 1 : 120.7E 0 Q. a a 250.0( a6 21.5( o r 1 : 271.5( N 3 U E 3 M 59.5, 6 386.8E t U 2 r Q Page: 4 Packet Pg. 33 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 227929 10/19/2017 073029 CANON FINANCIAL SERVICES (Continued) 17871606 17871607 17871610 17871616 17871617 17871620 PO # Description/Account 001.000.23.512.50.45.00 C/A 572105 CONTRACT# 3091/0521 Finance dept copier contract charge 001.000.31.514.23.45.00 B&W Meter usage IRC5250 5/01/17 - 001.000.31.514.23.45.00 Color Meter usage IRC5250 5/01/17 - 001.000.31.514.23.45.00 10.3% Sales Tax 001.000.31.514.23.45.00 CITY CLERKS COPIER LEASE 10/0' CITY CLERKS COPIER LEASE 10/0' 001.000.25.514.30.45.00 10.3% Sales Tax 001.000.25.514.30.45.00 WWTP: 11/2017 MO CH & 5/1-9/30/1 11/2017 MO CH & 5/1-9/30/17 METEI 423.000.76.535.80.45.00 FLEET COPIER Fleet Copier 511.000.77.548.68.45.00 10.3% Sales Tax 511.000.77.548.68.45.00 CITY CLERKS COPIER LEASE AND CITY CLERKS COPIER LEASE 10/0' 001.000.25.514.30.45.00 WATER SEWER COPIER Water Sewer Copier 421.000.74.534.80.45.00 Water Sewer Copier 423.000.75.535.80.45.00 10.3% Sales Tax 421.000.74.534.80.45.00 10.3% Sales Tax 4.2.b Page: 5 m L 3 c Amoun 0 0 0- 0 45.9E m =a 209.6' vi Y 138.3E 289.8: m c a� 65.7( 0 340.3� o 35.0E a E .2 U 475.7z o R 0 89.4E Q. a Q ti a6 112.5E c r N U 177.1( E 177.0� c 18.2E E t U r Q Page: 5 Packet Pg. 34 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227929 10/19/2017 073029 CANON FINANCIAL SERVICES 227930 10/19/2017 076266 CASTILLO, MARIA Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.75.535.80.45.00 17871621 PW ADMIN COPIER PW Office Copier for 001.000.65.518.20.45.00 PW Office Copier for 111.000.68.542.90.45.00 10.3% Sales Tax 111.000.68.542.90.45.00 10.3% Sales Tax 422.000.72.531.90.45.00 10.3% Sales Tax 421.000.74.534.80.45.00 10.3% Sales Tax 423.000.75.535.80.45.00 10.3% Sales Tax 511.000.77.548.68.45.00 PW Office Copier for 422.000.72.531.90.45.00 PW Office Copier for 421.000.74.534.80.45.00 PW Office Copier for 423.000.75.535.80.45.00 PW Office Copier for 511.000.77.548.68.45.00 10.3% Sales Tax 001.000.65.518.20.45.00 Total 10/3 REFUND 10/3 REFUND DAMAGE DEPOSIT 10/3 REFUND DAMAGE DEPOSIT 001.000.239.200 Total 227931 10/19/2017 003510 CENTRAL WELDING SUPPLY LY 252349 WATER - SUPPLIES Water - Supplies 4.2.b Page: 6 m L 3 c Amoun 0 0 0- a) 18.2: L_ 66.1( vi Y 37.4� t 3.8( a c w 3.8( 0 2.7< o 0 2.7: a 2.7. .E R U 37.4� o R 26.4( p L 0. 26.4( Q 26.4( d6 6.8' o 2,892.2E N U E M id/bXrI60 375.0( a� E t U r Q Page: 6 Packet Pg. 35 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227931 10/19/2017 003510 CENTRAL WELDING SUPPLY 227932 10/19/2017 069457 CITY OF EDMONDS 227933 10/19/2017 019215 CITY OF LYNNWOOD 227934 10/19/2017 003801 CITY WIDE FENCE CO INC Voucher List City of Edmonds Invoice (Continued) RN09171009 E6JC.ENG20170394 13494 33796 227935 10/19/2017 076261 CONSTRUCTION GROUP INTL LLC 17216\1 227936 10/19/2017 075648 COVICH-WILLIAMS CO INC 0298827-IN PO # Description/Account 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 GYMNASTICS HELIUM GYMNASTICS HELIUM 001.000.64.571.28.45.00 10.3% Sales Tax 001.000.64.571.28.45.00 Tota E6JC.ENG20170394 ROW PERMIT E6JC.ENG20170394 ROW PERMIT 423.200.75.594.35.41.00 Tota WWTP: OCT 2017 M/O & SEWER 10/2017 M/O & SEWER 423.000.75.535.80.47.20 Tota PM: LONG BLACK TIES PM: LONG BLACK TIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Tota REMOVE AND DELIVER LOCKER REMOVE AND DELIVER LOCKER 125.000.64.594.75.65.00 10.3% Sales Tax 125.000.64.594.75.65.00 Tota FLEET OIL INVENTORY 4.2.b Page: 7 m L 3 c Amoun 0 0 0- am 24.4( L 2.5z `a u Y 15.2E t 1.51 m 43.8: 0 135.0( o 135.0( a E R 27,602.0( ,0 27,602.0( o 16.0( Q S N 0 S Y U 2,500.0( E 257.5( I: 2,757.5( E t r Q Page: 7 Packet Pg. 36 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227936 10/19/2017 075648 COVICH-WILLIAMS CO INC 227937 10/19/2017 063519 CUZ CONCRETE PRODUCTS INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Fleet Oil Inventory 511.000.77.548.68.34.21 Unit 138 - Drum Hydraulic Fluid 511.000.77.548.68.31.10 Drum Charge 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.34.21 10.3% Sales Tax 511.000.77.548.68.31.10 Total 245853 SEWER - MANHOLE ADJUSTMENT Sewer - Manhole Adjustment Rings 423.000.75.535.80.31.00 Freight 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 245900 SEWER - RETURNS Sewer - Returns 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 246136 STORM - CONCRETE CATCH BASIS Storm - Concrete Catch Basins 422.000.72.531.40.31.00 10.3% Sales Tax 422.000.72.531.40.31.00 246428 SEWER - MANHOLE ADJ RINGS Sewer - Manhole Adj Rings 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 4.2.b Page: 8 m L 3 c Amoun 0 0 0- m 0 2,607.5( L 796.21 Y m 34.0( r 268.51 m c a� 82.0, 3,788.3E 0 L c� 219.4E a E 27.5( 0 25.4z 0 Q. -246.9( Q a6 0 1,599.1, N U 164.7' E Page: 8 Packet Pg. 37 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 227937 10/19/2017 063519 063519 CUZ CONCRETE PRODUCTS INC (Continued) 227938 10/19/2017 073823 DAVID EVANS & ASSOC INC 406830 227939 10/19/2017 069279 DECATUR ELECTRONICS INC IN00017195 227940 10/19/2017 029900 DEPT OF RETIREMENT SYSTEMS 01239302 227941 10/19/2017 064531 DINES, JEANNIE 227942 10/19/2017 076172 DK SYSTEMS 227943 10/19/2017 007625 EDMONDS ARTS FESTIVAL 17-3798 19164 T PROMO EAF Description/Account Total COPED0000-0011.ONCALL SERVICI COPED0000-0011.ONCALL SERVICI 001.000.245.963 Total INV#IN00017195 CUST#WAE07302 EZ STAT COMPLETE -ON SITE 001.000.41.521.71.35.00 Freight 001.000.41.521.71.35.00 10.3% Sales Tax 001.000.41.521.71.35.00 Total REPORT GROUP 5041 PERS 2 MAF Contributions not reported - March 20 001.000.31.514.20.23.03 Total 10/10/17 COUNCIL MEETING & CON 10/10/17 CITY COUNCIL MINUTES 8 001.000.25.514.30.41.00 Total CITY HALL - HEATING REPAIRS City Hall - Heating Repairs 001.000.66.518.30.48.00 10.3% Sales Tax 001.000.66.518.30.48.00 Total T PROMO EAF T PROMO EAF 123.000.64.573.20.41.00 4.2.b Page: 9 m L 3 c Amoun N 0 a 2,526.11 4) m L =a 2,487.2: vi 2,487.2' m t r 250.0( c W 15.0( 0 27.3( o L 292.3( a E R 12,011.91 12,011.9' 0 R 0 L 0. 221.0( Q 221.0( ti a6 0 2,967.5: N U 305.6( E c 1,500.0( E Page: 9 Packet Pg. 38 U r Q vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 227943 10/19/2017 007625 007625 EDMONDS ARTS FESTIVAL (Continued) 227944 10/19/2017 071969 EDMONDS CENTER FOR THE ARTS FPP17-008 227945 10/19/2017 073461 EDMONDS EDUCATION ASSOCIATION 10/12 REFUND 227946 10/19/2017 038500 EDMONDS SENIOR CENTER 227947 10/19/2017 008705 EDMONDS WATER DIVISION 2017-10-01 TPA CAFE 1-00655 1-00925 1-01950 1-03950 1-05350 1-05705 PO # Description/Account Total ECA 2017 FALL PATRON AD ECA 2017 FALL PATRON AD 117.100.64.573.20.41.40 Total 10/12 REFUND DAMAGE DEPOSIT 10/12 REFUND DAMAGE DEPOSIT 001.000.239.200 Total 10/17 RECREATION SERVICES COP 10/17 Recreation Services Contract F 001.000.39.569.10.41.00 TPA CAFE TPA CAFE 123.000.64.573.20.41.00 Total LIFT STATION #7 71 W DAYTON ST LIFT STATION #7 71 W DAYTON ST 423.000.75.535.80.47.10 LIFT STATION #8 107 RAILROAD AV LIFT STATION #8 107 RAILROAD AV 423.000.75.535.80.47.10 LIFT STATION #1 450 SUNSET AVE, LIFT STATION #1 450 SUNSETAVE, 423.000.75.535.80.47.10 OLD PUBLIC WORKS (NORTH) 200 OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 OLD PUBLIC WORKS (SOUTH) 200 OLD PUBLIC WORKS (SOUTH) 200 421.000.74.534.80.47.00 LIFT STATION #6 100 PINE ST / MEl 4.2.b Page: 10 m L 3 c Amoun 0 0 0- 1,500.0( -0a m L =a 350.0( vi 350.0( m t r 200.0( c 200.0( 0 0 6,250.0( a 1,500.0( 7,750.0( 0 R 0 48.0 1 Q. a a 48.0 1 C6 0 44.2E N U E 973.1 � 'cc Page: 10 Packet Pg. 39 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 227947 10/19/2017 008705 EDMONDS WATER DIVISION (Continued) 1-13975 227948 10/19/2017 008812 ELECTRONIC BUSINESS MACHINES AR82634 227949 10/19/2017 009350 EVERETT DAILY HERALD 227950 10/19/2017 069042 EVERETT HYDRAULICS INC EDH780491 EDH780847 Z91=01I:MR] EDH780851 PO # Description/Account LIFT STATION #6 100 PINE ST / ME1 423.000.75.535.80.47.10 CITY HALL 121 5TH AVE N / METER CITY HALL 121 5TH AVE N / METER 001.000.66.518.30.47.00 Total ACCT#MK5648 CONTRACT 2600-02 Maintenance for printers 09/21/17 - 512.000.31.518.88.48.00 10.3% Sales Tax 512.000.31.518.88.48.00 Total INV#EDH780491 ACCT#14126500-E UNCLAIMED PROPERTYAD 10/07/1 001.000.41.521.10.41.40 LEGAL AD PLN2016-0060 AND 0061 LEGAL AD PLN2016-0060 AND 0061 001.000.62.558.60.41.40 LEGAL AD PLN2017-0029 AND 003C LEGAL AD PLN2017-0029 AND 003C 001.000.62.558.60.41.40 LEGAL AD PLN20170024 LEGAL AD PLN20170024 001.000.62.558.60.41.40 Total 0000025301 UNIT 125 - REPAIRS Unit 125 - Repairs 511.000.77.548.68.48.00 9.7% Sales Tax 511.000.77.548.68.48.00 Total 4.2.b Page: 11 m L 3 c Amoun 0 0 0- 0 90.0� L 0 696.0E 2,128.91 r m c a� 307.2( 31.6z 338.81 o c� a E 18.9: 2 U 4- 0 87.7, > 0 L Q a 77.4( Q ti C6 77.4( 261.41 U E 701.8( 2 U 68.0 1 769.8 , E t U r Q Page: 11 Packet Pg. 40 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227951 10/19/2017 066378 FASTENAL COMPANY 227952 10/19/2017 009815 FERGUSON ENTERPRISES INC 227953 10/19/2017 011900 FRONTIER Voucher List City of Edmonds Invoice PO # Description/Account WAMOU45926 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 WAMOU46294 WATER / SEWER - LOCATE PAINT, Water / Sewer - Locate Paint, Supplii 421.000.74.534.80.31.00 Water / Sewer - Locate Paint, Supplii 423.000.75.535.80.31.00 10.3% Sales Tax 421.000.74.534.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 Total 0569761 WATER METER INVENTORY #2027 Water Meter Inventory #2027 421.000.74.534.80.34.30 10.3% Sales Tax 421.000.74.534.80.34.30 0569763 WATER - PARTS Water - Parts 421.000.74.534.80.31.00 10.3% Sales Tax 421.000.74.534.80.31.00 Total: 253-011-1177 PUBLIC WORKS OMC RADIO LINE PUBLIC WORKS OMC RADIO LINE 001.000.65.518.20.42.00 PUBLIC WORKS OMC RADIO LINE' 111.000.68.542.90.42.00 PUBLIC WORKS OMC RADIO LINE' 421.000.74.534.80.42.00 PUBLIC WORKS OMC RADIO LINE' 4.2.b Page: 12 m L 3 c Amoun 0 0 a a) 162.7' L 16.7E Y m t 138.0( w m 138.0: aa) 14.2, 14.2' 484.0' a E R U 3,056.0( o R 314.7, o Q. a 351.6( Q ti 36.2' C6 3,758.61 c r N U 6.4, ns 24.4( a� 24.4( E ns r Q Page: 12 Packet Pg. 41 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227953 10/19/2017 011900 FRONTIER Voucher List City of Edmonds Invoice (Continued) 425-712-0417 425-712-0423 425-712-8251 425-745-4313 425-775-7865 227954 10/19/2017 070416 GOODSELL POWER EQUIPMENT INC 722252 PO # Description/Account 511.000.77.548.68.42.00 PUBLIC WORKS OMC RADIO LINE' 422.000.72.531.90.42.00 PUBLIC WORKS OMC RADIO LINE' 423.000.75.535.80.42.00 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 WWTP: 10/7-11/6/17 AFTER HOUR I WWTP: 10/7-11/6/17 AFTER HOUR 1 423.000.76.535.80.42.00 PUBLIC WORKS OMC ALARM, FAX, PUBLIC WORKS OMC FIRE AND IN' 001.000.65.518.20.42.00 PUBLIC WORKS OMC FIRE AND IN' 111.000.68.542.90.42.00 PUBLIC WORKS OMC FIRE AND IN' 423.000.75.535.80.42.00 PUBLIC WORKS OMC FIRE AND IN' 511.000.77.548.68.42.00 PUBLIC WORKS OMC FIRE AND IN' 421.000.74.534.80.42.00 CLUBHOUSE ALARM LINES 6801 M CLUBHOUSE FIRE AND INTRUSIOI` 001.000.66.518.30.42.00 UTILITY BILLING RADIO LINE UTILITY BILLING RADIO LINE TO FI' 421.000.74.534.80.42.00 Total WATER - ALL IN ONE TOOL - W EEC Water - All in one Tool - Weed Trimmi 421.000.74.534.80.35.00 4.2.b Page: 13 m L 3 c Amoun 0 0 0- m 24.4( m 24.4' =a vi Y 24.4( t 33.9 1 m c aD 33.9( 0 73.0E a 16.4E .E R z 82.4z o 69.2E o L Q. 92.3' Q 69.2E d6 0 133.1z N U E 67.7( 'M 800.0E c a� E t 727.8E r Q Page: 13 Packet Pg. 42 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 227954 10/19/2017 070416 GOODSELL POWER EQUIPMENT INC (Continued) 227955 10/19/2017 012199 GRAINGER �FfZ:YcIc1�'I:Y:1 227956 10/19/2017 071446 GREAT FLOORS COMMERCIAL SALES 840349 227957 10/19/2017 063819 HALL, LESLIE 227958 10/19/2017 075483 HARDESTY, STEPHANIE 227959 10/19/2017 012900 HARRIS FORD INC WOTS PRESENTATIONS 10/5 PRESCHOOL SUB 173234 173475 PO # Description/Account 10.0% Sales Tax 421.000.74.534.80.35.00 Tota FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 Tota PW CONF & LIBRARY - CARPET I PW Conf & Library - Carpet Install 016.000.66.518.30.48.00 10.3% Sales Tax 016.000.66.518.30.48.00 Tota WOTS PRESENTATIONS WOTS PRESENTATIONS 117.100.64.573.20.41.00 Tota 10/5/17 PRESCHOOL SUB 10/5/17 PRESCHOOL SUB 001.000.64.571.29.41.00 Tota UNIT 24 - PARTS Unit 24 - Parts 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 UNIT 947 - PARTS Unit 947 - Parts 4.2.b Page: 14 m L 3 c Amoun 0 0 0- 0 0 72.7E m 800.61 -0 0 Y m t 46.3E w m 4.7E y 1 : 51.1E N! 0 0 6,020.1( a 620.0E E 6,640.21 R 0 R 402.0( 0 402.0( a a ti 44.0( .. 44.0( o r N U E 31.W 3.2< c w E t U is r Q Page: 14 Packet Pg. 43 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227959 10/19/2017 012900 HARRIS FORD INC 227960 10/19/2017 010900 HD FOWLER CO INC 227961 10/19/2017 072647 HERRERA ENVIRONMENTAL 227962 10/19/2017 073880 HITE, CARRIE 227963 10/19/2017 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 Tota 14655337 WATER - 4" GATE VALVE FOR RE Water - 4" Gate Valve for Repair P 4.2.b Page: 15 m L W 3 c Amoun c a am 370.6( L 38.5E =5 1 : 443.5' vi Y V V t � r 249.2( m c a� 25.6 , I : 274.9: P p L P 4,428.0E a I : 4,428.01 .5 C U C o 336.0( 1 : 336.0( o Q. a a 30.1 , a6 3.0' o r U) U 42.2E E 5 4.Z c a� E 175.2' r Q Page: 15 Packet Pg. 44 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227963 10/19/2017 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 10.0% Sales Tax 001.000.66.518.30.31.00 20024 PW - SUPPLIES PW - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 2010107 MCH SUPPLIES MCH Supplies 001.000.66.518.30.31.00 Fac Maint Unit 42 - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 2232254 FAC EXTERIOR PAINT PROJECT RE FAC Exterior Paint Project Returns 016.000.66.518.30.31.00 10.0% Sales Tax 016.000.66.518.30.31.00 23071 STORM - SUPPLIES Storm - Supplies 422.000.72.531.40.31.00 10.0% Sales Tax 422.000.72.531.40.31.00 23112 MCH - DOORBELLKIT MCH - Doorbellkit 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 3016089 WATER - SUPPLIES FOR 24331 741 Water - Supplies for 24331 74th Ave 421.000.74.534.80.31.00 10.0% Sales Tax 421.000.74.534.80.31.00 4.2.b Page: 16 m L 3 c Amoun 0 0 a am 0 17.5, m vi Y 169.7( t 16.91 r m c a� 16.7z 0 28.9z — 0 L 4.51 a E -100.0( U 0 -10.0( 0 L a 20.5E Q 2.0( C6 0 29.91 — U 3.0( E 52.2E a� E 5.2: r Q Page: 16 Packet Pg. 45 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227963 10/19/2017 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 3022584 FAC MAINT UNIT 42 - SUPPLIES Fac Maint Unit 42 - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 3024184 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 3024218 FAC - PAINT PROJECT FAC - Paint Project 016.000.66.518.30.31.00 10.0% Sales Tax 016.000.66.518.30.31.00 3581211 FS 16 - SUPPLIES FS 16 - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 4080386 PW - SUPPLIES PW - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 5011131 PW - SUPPLIES PW - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 5020507 CITY HALL - FILTERS City Hall - Filters 001.000.66.518.30.31.00 10.0% Sales Tax 4.2.b Page: 17 m L 3 c Amoun 0 0 a am L 55.4� =a u Y 5.5E t 117.7( a c w 11.7E 0 200.0( o 20.0( a E U 11.4E o R 1.1E o L Q. a Q ti 2.6, c6 0 r U) 51.0( e E 5.1( 'M c 62.3, E t U r Q Page: 17 Packet Pg. 46 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 227963 10/19/2017 067862 HOME DEPOT CREDIT SERVICES (Continued) 5020543 5023864 5023902 5023915 5160137 5232779 6050587 PO # Description/Account 001.000.66.518.30.31.00 FAC MAINT SHOP SUPPLIES Fac Maint Shop Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 SR CENTER - EXTERIROR SUPPLIE Sr Center - Exteriror Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 FAC MAINT SHOP SUPPLIES Fac Maint Shop Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 TRAFFIC - SUPPLIES Traffic - Supplies 111.000.68.542.64.31.00 4.2.b Page: 18 m L 3 c Amoun 0 0 a m &Z L_ 44.7( vi Y 4.4-, t m 86.8( y 8.6( 0 109.91 ca a 11.0( . R U 0 33.7( 0 3.3( Q. a Q 2 9. 9 1 as 3.0( c r U 95.6: E 9.5 , c a� 115.3( t U r Q Page: 18 Packet Pg. 47 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds 4.2.b Page: 19 m L Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 3 c Amoun 0 0 227963 10/19/2017 067862 HOME DEPOT CREDIT SERVICES (Continued) a 10.0% Sales Tax 111.000.68.542.64.31.00 11.5z m 71025067 SEWER - SUPPLIES `a Sewer - Supplies 0 423.000.75.535.80.31.00 19.9z 10.0% Sales Tax 423.000.75.535.80.31.00 1.9� r 7563642 STREET - SUPPLIES m Street - Supplies 111.000.68.542.63.31.00 6.1 10.0% Sales Tax 0 111.000.68.542.63.31.00 0.6, _ 8024934 FAC EXTERIOR PAINT PROJECT Sl FAC Exterior Paint Project Supplies ca 016.000.66.518.30.31.00 78.1. a 10.0% Sales Tax E 016.000.66.518.30.31.00 7.8' 2 84494 STREET - PINE ST CONDUIT GLUE o Street - Pine St Conduit Glue 111.000.68.542.61.31.00 R 14.2( o 10.0% Sales Tax a 111.000.68.542.61.31.00 1.4< Q 84503 STORM SUPPLIES Storm Supplies 422.000.72.531.40.31.00 20.2z c6 10.0% Sales Tax c 422.000.72.531.40.31.00 2.0. N 9013406 FAC MAINT UNIT 45 - SUPPLIES Y Fac Maint Unit 45 - Supplies U E 001.000.66.518.30.31.00 34.2( 10.0% Sales Tax 001.000.66.518.30.31.00 3.4, 9023229 SR CENTER - SUPPLIES Sr Center - Supplies r Q Page: 19 Packet Pg. 48 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 227963 10/19/2017 067862 HOME DEPOT CREDIT SERVICES (Continued) 9024740 227964 10/19/2017 073548 INDOFF INCORPORATED 3018245 227965 10/19/2017 014940 INTERSTATE BATTERY SYSTEMS 1905701041282 300-10031515 227966 10/19/2017 071254 INT'L WATER TREATMENT NA 0660 PO # Description/Account 001.000.66.518.30.31.00 10.0% Sales Tax 001.000.66.518.30.31.00 FAC EXTERIOR PAINT PROJECT Sl FAC Exterior Paint Project Supplies 016.000.66.518.30.31.00 10.0% Sales Tax 016.000.66.518.30.31.00 Total PHOTOCOPY PAPER, LATEX GLOV PHOTOCOPY PAPER, LATEX GLOV 001.000.23.523.30.31.00 10.3% Sales Tax 001.000.23.523.30.31.00 Total INV#1905701041282 - EDMONDS PI AAA BATTERIES 001.000.41.521.22.31.00 AA BATTERIES 001.000.41.521.22.31.00 9 VOLT BATTERIES 001.000.41.521.22.31.00 10.3% Sales Tax 001.000.41.521.22.31.00 UNITS 436,437- NOCO GENIUS BO( Units 436,437- Noco Genius Booster 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 Total FAC - 3 WAY WATER FILTRATION TI FAC - 3 Way Water Filtration Treatme 4.2.b Page: 20 m L 3 c Amoun 0 0 0- 0 36.6� m 3.61 'a vi Y 44.6. t 4.4( m 1,936.6E 0 301.9, o c� 31.1( a 333.0: E U w- 0 28.5( 0 57.0( a a 17.5( ti C6 10.6' 0 r N 319.9( u E 32.9E 466.4E +: c a� E t U r Q Page: 20 Packet Pg. 49 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 227966 10/19/2017 071254 INT'L WATER TREATMENT NA (Continued) 227967 227968 227969 10/19/2017 072650 KCDA PURCHASING COOPERATIVE 300217562 10/19/2017 071137 KIDZ LOVE SOCCER 10/19/2017 067725 LES SCHWAB TIRE CENTER FALL KIDZ LOVE SOCCE 80500206912 PO # Description/Account 016.000.66.518.30.31.00 Freight 016.000.66.518.30.31.00 10.3% Sales Tax 016.000.66.518.30.31.00 Total: INB#300217562 ACCT#100828 - EDI KLEENEX TISSUES 001.000.41.521.10.31.00 PURELL 8 OZ HAND SANITIZERS 001.000.41.521.10.31.00 HANDLING FEE 001.000.41.521.10.31.00 10.3% Sales Tax 001.000.41.521.10.31.00 Total 6002 6003 6004 6005 6006 KIDZ LO' 6002 KIDZ LOVE SOCCER INSTRU( 001.000.64.571.25.41.00 6003 KIDZ LOVE SOCCER INSTRU( 001.000.64.571.25.41.00 6004 KIDZ LOVE SOCCER INSTRU( 001.000.64.571.25.41.00 6005 KIDZ LOVE SOCCER INSTRU( 001.000.64.571.25.41.00 6006 KIDZ LOVE SOCCER INSTRU( 001.000.64.571.25.41.00 Total UNIT 66 - TIRE REPAIR Unit 66 - Tire Repair 511.000.77.548.68.48.00 10.3% Sales Tax 4.2.b Page: 21 m L 3 c Amoun 0 0 0- m 3,984.0( L_ 800.0( 'a u Y 492.7E 5,276.7E r m c a� 27.1( 43.5( 0 L 14.6' a 7.2£ E 92.5E w- 0 R 768.0( o Q. a 307.2( Q ti 768.0( d6 460.8( 384.0( U 2,688.0( •� Page: 21 Packet Pg. 50 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 227969 10/19/2017 067725 LES SCHWAB TIRE CENTER (Continued) 511.000.77.548.68.48.00 Tota 227970 10/19/2017 073603 LIGHTHOUSE LAW GROUP PLLC Oct-17 10-17 LEGALS FEES 10-17 Legal fees 001.000.36.515.31.41.00 Tota 227971 10/19/2017 066878 METAL SUPERMARKETS 1012516 WWTP: FLAT BAR CUTTING Flat bar cutting 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 10.3% Sales Tax 423.000.76.535.80.48.00 Tota 227972 10/19/2017 021983 MOTOR TRUCKS INC ME122863 UNIT 106 - RADIATOR Unit 106 - Radiator 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 Tota 227973 10/19/2017 075539 NATURE INSIGHT CONSULTING 16 WILLOW CREEK DAYLIGHTING P Tasks 1 - 4: Parks Project Mgmt an 4.2.b Page: 22 m L 3 c Amoun 0 0 0- am 3.8' 40.8' Y 44,345.6( 248.8E 0 15.0( o L c� 27.1 E CL 291.01 U 4- 0 d 1,201.7( > 0 L 135.0( a a 137.6E ti 1 : 1,474.3E R, o N 687.5( E 500.0( 2 1 : 1,187.5( c a� E t r Q Page: 22 Packet Pg. 51 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 227974 10/19/2017 024001 NC MACHINERY (Continued) 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 Tota 227975 10/19/2017 025690 NOYES, KARIN 000 00 774 PB MINUTES OCT 11, 17 PB MINUTES OCT 11, 17 001.000.62.558.60.41.00 Tota 227976 10/19/2017 072739 O'REILLY AUTO PARTS 3685--306396 UNIT 93 - FUEL CAP Unit 93 - Fuel Cap 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 3745-128750 SEWER - SUPPLIES Sewer - Supplies 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 Tota 227977 10/19/2017 027060 PACIFIC TOPSOILS 2-01018279-01 TOPSOIL CUST # 5130 TOPSOIL CUST # 5130 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 Tota 227978 10/19/2017 073871 PERSONNEL EVALUATION INC 24968 INV 24968 EDMONDS PD SEPT 20 WEB -BASED PEP TEST (3) 001.000.41.521.10.41.00 Tota 4.2.b Page: 23 m L 3 c Amoun 0 0 0- a) 232.8( m 52.1E 15 vi Y 29.3E 314.3( r m c a� 315.0( 315.0( 0 0 L 12.4E a E 1.2E 2 U 4- 0 11.9E > 0 L 1.2: a I : 26.95 Q ti a6 298.5( o U) 30.7E u 1 : 329.2, E .5 1 � c 60.0( E 1 : 60.0( u is r Q Page: 23 Packet Pg. 52 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227979 10/19/2017 075703 PETERSEN, DOUG 227980 10/19/2017 076267 PETTY, RYAN 227981 10/19/2017 028860 PLATT ELECTRIC SUPPLY INC Voucher List City of Edmonds Invoice PO # Description/Account Petersen TREE BOARD SUMMER MARKET E' TREE BOARD SUMMER MARKET E' 001.000.62.524.10.49.00 Total WOTS PRESENTATION WOTS PRESENTATION WOTS PRESENTATION 117.100.64.573.20.41.00 0050280 PM: IRRIGATION SUPPLIES PM: IRRIGATION SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 0054606 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 0064304 PM: IRRIGATION SUPPLIES PM: IRRIGATION SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 0077567 PM: IRRIGATION SUPPLIES PM: IRRIGATION SUPPLIES 001.000.64.576.80.31.00 10.3% Sales Tax 001.000.64.576.80.31.00 0128977 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 0135861 FAC - SUPPLIES Total 4.2.b Page: 24 m L 3 c Amoun 0 0 a am 145.9, 145.9; -0 0 Y m t 147.0( 147.0( m c a� 252.3 1 0 L 25.9� a E 349.5' .2 U 4- 36.0( 0 5 0 L 55.0z a a 5.61 ti a6 9.5� o U) 0.9� U E 32.7( c a� 3.3- E r Q Page: 24 Packet Pg. 53 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227981 10/19/2017 028860 PLATT ELECTRIC SUPPLY INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 0140362 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 227982 10/19/2017 071811 PONY MAIL BOX & BUSINESS CTR 1111423 227983 10/19/2017 029117 PORT OF EDMONDS 227984 10/19/2017 070809 PUGET SOUND EXECUTIVE 1112028 111638 0&KII 4371 17-2542 4.2.b Page: 25 m L 3 c Amoun 0 0 a 0 22.2( Total : 815.1t -0 WWTP: SHIP CHG - RETURN TO Li Ship Charge - return dvd to L&I o 423.000.76.535.80.42.00 31.6, WATER - ELECSYS RETURN POST/ a Water - Elecsys Return Postage E 421.000.74.534.80.42.00 17.0' 2 WATER - RADIX RETURN POSTAGE 4- Water - Radix Return Postage 0 421.000.74.534.80.42.00 16.9' > Tota PORT RIGHT-OF-WAY LEASE FO PORT RIGHT-OF-WAY LEASE FO 422.000.72.531.90.51.00 ACCT 4371 EDMONDS PD - FUEL BOAT FUEL FOR RAD/NUC DRILL 001.000.41.521.22.43.00 Tota COURT SECURITY 10/02/2017-10/ COURT SECURITY 10/02/2017-10/ 001.000.23.512.50.41.00 Tota 65.51 Q. a R R � Q 3,047.7( F, 0 r 101.4z Y 1 : 3,149.2( U E 01 0 742.5( 1 : 742.5( E t U r Q Page: 25 Packet Pg. 54 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227985 10/19/2017 070955 R&R STAR TOWING 227986 10/19/2017 033550 SALMON BAY SAND & GRAVEL 227987 10/19/2017 067802 SAN DIEGO POLICE EQUIP CO Voucher List City of Edmonds Invoice 126782 126995 2416110 2417919 629784 227988 10/19/2017 067076 SEATTLE PUMP AND EQUIPMENT CO 17-5744 PO # Description/Account INV#126782 - EDMONDS PD TOW 1996 HONDA #BFY6091 001.000.41.521.22.41.00 10.4% Sales Tax 001.000.41.521.22.41.00 INV#126995 - EDMONDS PD TOW 2004 CADILLAC #BCU0415 001.000.41.521.22.41.00 10.4% Sales Tax 001.000.41.521.22.41.00 Total UNIT 001-FLT - SONOTUBE Unit 001-FLT - Sonotube 511.000.77.548.68.31.10 10.1 % Sales Tax 511.000.77.548.68.31.10 PM: E-BLOCKS PM: E-BLOCKS 001.000.64.576.80.31.00 10.1 % Sales Tax 001.000.64.576.80.31.00 Total INV#629784 CUST#1733 - EDMOND FOF RED MARKING CARTRIDGES. 628.000.41.521.23.31.00 10.3% Sales Tax 628.000.41.521.23.31.00 Total UNIT 106 - VACCUM TUBE, VACTOF Unit 106 - Vaccum Tube, Vactor Hose 511.000.77.548.68.31.10 10.3% Sales Tax 511.000.77.548.68.31.10 4.2.b Page: 26 m L 3 c Amoun 0 0 a m 159.0( m 16.5z Y m t 159.0( = w m 16.5z a0i 351.0i 0 0 L 132.0( a 13.3: E v 108.0( o R 10.9' Q. 264.21 Q ti C6 2,311.8z 0 r 238.1, Y 2,549.9E 543.2, y E 55.9: r Q Page: 26 Packet Pg. 55 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 227988 10/19/2017 067076 067076 SEATTLE PUMPAND EQUIPMENT C (Continued) 227989 10/19/2017 066748 SNO CO DEPT OF INFO SERVICES 1000449984 227990 10/19/2017 037375 SNO CO PUD NO 1 2002-0255-4 2003-9895-6 2004-9683-4 2006-1131-7 2007-2302-1 2007-3984-5 2014-3123-6 2014-3124-4 2014-4175-5 2017-9000-3 PO # Description/Account Total: 2017 FIBER NETWORK HOSTING S 2017 Fiber Network Hosting Services 512.000.31.518.87.42.00 Total WWTP: 9/2-10-3-17 FLOW METER WWTP: 9/2-10-3-17 FLOW METER 423.000.76.535.80.47.62 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 LIFT STATION #10 17526 TALBOT R LIFT STATION #10 17526 TALBOT R 423.000.75.535.80.47.10 LIFT STATION #9 19300 80TH AVE V LIFT STATION #9 19300 80TH AVE V 423.000.75.535.80.47.10 TRAFFIC LIGHT 961 PUGET DR / MI TRAFFIC LIGHT 961 PUGET DR / MI 111.000.68.542.64.47.00 SEAVIEW RESERVOIR 18520 90TH SEAVIEW RESERVOIR 18520 90TH 421.000.74.534.80.47.00 PEDEST CAUTION LIGHT 9110 OLY PEDEST CAUTION LIGHT 9110 OLY 111.000.68.542.64.47.00 PEDEST CAUTION LIGHT 9301 PUC. PEDEST CAUTION LIGHT 9301 PUC 111.000.68.542.64.47.00 TRAFFIC LIGHT 21531 HWY 99 / ME TRAFFIC LIGHT 21531 HWY 99 / ME 111.000.68.542.63.47.00 ALDERWOOD INTERIE 6130 168TH ALDERWOOD INTERIE 6130 168TH 4.2.b Page: 27 m L 3 c Amoun 0 0 0- 599.1 , -0a 0 am L =a 600.0( vi 600.0( m t r 4 18.3. c aD 801.1, 0 0 62.4( m E M 109.5, U 4- 0 R 23.7c o 0. a Q 17.3E ti a6 16.0: o U) U 16.0: E M 211.3, y E t r Q Page: 27 Packet Pg. 56 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 227990 10/19/2017 037375 SNO CO PUD NO 1 227991 10/19/2017 065910 SNOCOM 911 COMMUNICATIONS 227992 10/19/2017 006630 SNOHOMISH COUNTY Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 421.000.74.534.80.47.00 2019-2988-2 WWTP: 9/2-10-3-17 FLOW METER f 9/2-10-3-17 FLOW METER 8421 244 423.000.76.535.80.47.62 2022-8945-0 TRAFFIC LIGHT 21931 HWY 99 / ME TRAFFIC LIGHT 21931 HWY 99 / ME 111.000.68.542.64.47.00 2036-5215-1 FIVE CORNERS RESERVOIR 85191 FIVE CORNERS RESERVOIR 85191 421.000.74.534.80.47.00 2044-2584-7 LIFT STATION #2 702 MELODY LN / LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 2202-1638-6 PEDEST CAUTION LIGHTS 8410 MF PEDEST CAUTION LIGHTS 8410 MF 111.000.68.542.64.47.00 2205-4757-4 TRAFFIC LIGHT SR104 @ 236TH S1 TRAFFIC LIGHT SR104 @ 236TH S1 111.000.68.542.63.47.00 Total: 17-1001-2 Q4-17 COMMUNICATIONS Q4-17 COMMUNICATIONS 001.000.39.528.00.51.00 Q4-17 COMMUNICATIONS 421.000.74.534.80.51.00 Q4-17 COMMUNICATIONS 423.000.75.535.80.51.00 Total 71311 PARKS MAINT 5005 DUMP FEES PARKS MAINT DUMP FEES 001.000.64.576.80.47.00 ILLEGAL DUMP 422.000.72.531.10.49.00 4.2.b Page: 28 m L 3 c Amoun N 0 0- 0 22.6( m 18.3. vi Y m t 81.7( r m c a� 148.0( 0 59.2' a 71.5( f R U 0 59.0( R 1,736.5' o 0 Q a Q 244,316.91 ti C6 6,429.3� c r 6,429.3( Y 257,175.71 E 872.0( y E 15.0( U r Q Page: 28 Packet Pg. 57 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 227992 10/19/2017 006630 SNOHOMISH COUNTY (Continued) FM: DUMP 001.000.66.518.30.49.00 Tota 227993 10/19/2017 038100 SNO-KING STAMP 62454 SEWER - STAMPS Sewer - Stamps 423.000.75.535.80.31.00 Freight 423.000.75.535.80.31.00 10.3% Sales Tax 423.000.75.535.80.31.00 Tota 227994 10/19/2017 038300 SOUND DISPOSAL CO 104757 WWTP: SEP 2017 ROLLOFF ASH Ash disposal & taxes 423.000.76.535.80.47.65 Tota 227995 10/19/2017 076184 SOUND UNIFORM SOLUTIONS 20170913163 INV#20170913163 - EDMONDS PD METAL NAME TAG - GOVANTES 001.000.41.521.21.24.00 10.3% Sales Tax 001.000.41.521.21.24.00 Tota 227996 10/19/2017 039775 STATE AUDITOR'S OFFICE L122033 09-17 AUDIT FEES 09-17 Audit Fees 001.000.39.514.20.51.00 09-17 Audit Fees 111.000.68.543.30.51.00 09-17 Audit Fees 421.000.74.534.80.51.00 09-17 Audit Fees 422.000.72.531.90.51.00 09-17 Audit Fees 4.2.b Page: 29 m L 3 c Amoun c a am 0 154.0( m 1,041.0( -0 9.5' 101.8' 0 L C a 2,533.5E E 2,533.5E 2 U o R 14.7E o Q. a 1.5, Q 1 : 16.21, ti a6 0 399.0E N U 11.7� E 145.3< c a� 78.0' E t U 2 r Q Page: 29 Packet Pg. 58 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 227996 10/19/2017 039775 STATE AUDITOR'S OFFICE (Continued) 423.000.75.535.80.51.00 09-17 Audit Fees 423.000.76.535.80.51.00 09-17 Audit Fees 511.000.77.548.68.51.00 Tota 227997 10/19/2017 075024 STUDENT CONSERVATION ASSOC 126081 SCA SUMMER COMMUNITY CRE 4.2.b Page: 30 m L W W 3 c Amoun 0 0- am 205.4( m 53.8: '5 vi Y 20.5E I : 914.0: r a r_ aD 5,000.0( I: 5,000.0( 0 L :MpArIL E ME 01 92.4( 2 U 4- 55.01 I : 589.41 > 0 L Q- a S Q 2,425.3( ti 1 : 2,425.31 M( o r U) 569.9E 1 : 569.9E E .5 � 01 � 380.0( t U 2 r Q Page: 30 Packet Pg. 59 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 228001 10/19/2017 049500 THOMSON REUTERS -WEST (Continued) 228002 10/19/2017 074249 THORNQUIST, LINDA 228003 10/19/2017 041960 TOWN & COUNTRY FENCE INC PO # Description/Account 001.000.23.512.50.49.00 4.2.b Page: 31 m L 3 c Amoun c 0- m 39.1: Total : 419.1E LThornquist CHELAN CONFERENCE- WSAPT vi travel expenses for WSAPT CONFEF 001.000.62.524.20.43.00 543.8' Total: 543.8' 55634 YOST PARK & POOL FENCE YOST PARK & POOL FENCE 125.000.64.576.80.41.00 10.3% Sales Tax 125.000.64.576.80.41.00 55636 HICKMAN PARK FENCE HICKMAN PARK FENCE 125.000.64.576.80.41.00 10.3% Sales Tax 125.000.64.576.80.41.00 55668 CEMETERY FENCE CEMETERYFENCE 130.000.64.536.50.31.00 10.3% Sales Tax 130.000.64.536.50.31.00 228004 10/19/2017 068724 US HEALTHWORKS MED GROUP OF WF 0746955-WA 1,421.0( 146.3 0 L a 4,092.5( 421.5< 0 R 3,007.5( o Q. a 309.7E Q Total : 9,398.61 ti a6 o_ 94.0( u) Total: 94.0( u E 228005 10/19/2017 068259 WA ST CRIMINAL JUSTICE 201129077 INV 201129077 EDMONDS PD - HOP cc HOMICIDE INVEST - FROLAND 001.000.41.521.40.49.00 75.0( c HOMICIDE INVEST - SPEER E 001.000.41.521.40.49.00 75.0( u r Q Page: 31 Packet Pg. 60 HEP B VACCINE HEP B VACCINE - POLICE 001.000.41.521.10.41.00 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 228005 10/19/2017 068259 068259 WA ST CRIMINAL JUSTICE (Continued) 228006 10/19/2017 047605 WA ST TREASURER 3RD QTR 2017 228007 10/19/2017 075155 WALKER MACY LLC 228008 10/19/2017 067195 WASHINGTON TREE EXPERTS Description/Account 4.2.b Page: 32 m L 3 c Amoun c a Total : 150.0( -a) EDMONDS FORFEITURES-3RD QTI m 3RD QTR PROCEEDS/DRUG :a 104.000.237.100 1,532.3, vi Total : 1, 532.3, P3282.02-3 CIVIC FIELD SURVEY CIVIC FIELD SURVEY 125.000.64.594.75.41.00 CIVIC FIELD SURVEY 423.200.75.594.35.41.00 P3282.03-6 CIVIC FIELD DEMO PROPOSAL CIVIC FIELD DEMO PROPOSAL 125.000.64.594.75.65.00 Tota 117-719 YOST PARK TREE SERVICE YOST PARK TREE SERVICE 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 117-720 FS 16 TREE SERVICE FS 16 TREE SERVICE 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 117-721 YOST PARK TREE SERVICE YOST PARK TREE SERVICE 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 117-722 YOST PARK TREE PRUNING YOST PARK TREE PRUNING 001.000.64.576.80.48.00 10.3% Sales Tax m t r 111006.5: c a� 11,006.5: 0 3,280.0( c4 25,293.0E a E R U 750.0( o R 77.2: o L a a a 1,340.0( ti 138.0, o_ U) 580.0( U E 59.7z 2 U Page: 32 Packet Pg. 61 vchlist 10/19/2017 8:17:18AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 228008 10/19/2017 067195 WASHINGTON TREE EXPERTS (Continued) 117-723 117-724 117-725 117-726 228009 10/19/2017 070180 WATAI 2018 WATAI-ROTH 228010 10/19/2017 075873 WAYLAND, CHRISTINA CW Chelan 228011 10/19/2017 075635 WCP SOLUTIONS 10305287 PO # Description/Account 001.000.64.576.80.48.00 704 FIR ST TREE SERVICE 704 FIR ST TREE SERVICE 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 YOST PARK TENNIS COURT AREA' YOST PARK TENNIS COURT AREA' 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 YOST PARK PARKING LOT TREE SE YOST PARK PARKING LOT TREE SE 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 YOST PARK OFF MAIN ST TREE SE YOST PARK OFF MAIN ST TREE SE 001.000.64.576.80.48.00 10.3% Sales Tax 001.000.64.576.80.48.00 Total 2018 WATAI DUES, KARL ROTH, EC 2018 MEMBERSHIP DUES - ROTH 001.000.41.521.22.49.00 Total WSAPT CONFERENCE EXPENSES WSAPT CONFERENCE EXPENSES 001.000.62.524.20.43.00 Total FAC MAINT - SUPPLIES Fac Maint - Supplies 4.2.b Page: 33 m L 3 c Amoun 0 0 a m 87.5: m 780.0( vi Y 80.3z r m 740.0( 76.2, 0 875.0( ca a 90.1:. R U 0 1,450.0( 0 149.3E Q. 8,123.6( Q ti a6 60.0( c 60.0( r N Y U E 760.4. 760.4; }; c a� E t r Q Page: 33 Packet Pg. 62 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 228011 10/19/2017 075635 WCP SOLUTIONS 228012 10/19/2017 073552 WELCO SALES LLC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 10324720 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 10327110 FAC MAINT SUPPLIES Fac Maint Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 10327111 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 10327112 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 10331707 FAC MAINT - SUPPLIES Fac Maint - Supplies 001.000.66.518.30.31.00 10.3% Sales Tax 001.000.66.518.30.31.00 Total: 7386 INV 7386 BUSINESS CARDS - EDM( SET UP FOR TWO BUSINESS CAR[ 001.000.41.521.10.31.00 BUS CARDS - GOVANTES, ROUSSE 001.000.41.521.10.31.00 4.2.b Page: 34 m L 3 c Amoun 0 0 a am 18.4, L 1.9( is vi Y 126.7E t 13.0( m c a� 131.9( 13.5� o a 69.6( .E R U 7.1 0 R 0 344.7< Q. a Q 35.5' " ti a6 114.7, c r 11.8, 889.2( E c 24.0( t 57.0( r Q Page: 34 Packet Pg. 63 vchlist 10/19/2017 8:17:18AM Bank code : usbank Voucher Date Vendor 228012 10/19/2017 073552 WELCO SALES LLC Voucher List City of Edmonds Invoice (Continued) 7388 228013 10/19/2017 069605 WEST COAST CODE CONSULTANTS 2017-EDM-SEP 228014 10/19/2017 075122 YAKIMA CO DEPT OF CORR 228015 10/19/2017 075736 YOUNG FINE ART STUDIO INC 107 Vouchers for bank code : usbank 107 Vouchers in this report SEPT 2017 2 PO # Description/Account 4.2.b Page: 35 m L 3 c Amoun c a m 10.3% Sales Tax 001.000.41.521.10.31.00 8.3z m INV#7388 - EDMONDS PD 500 PROPERTY SAFEKEEPING FOI vi 001.000.41.521.11.31.00 Y 141.5( 10.3% Sales Tax 001.000.41.521.11.31.00 14.51 r Total: 245.4' a c aD REVIEW BLD20171157 review BLD20171157 001.000.62.524.20.41.00 765.0( Total: 765.0( o EDMONDS PD INMATE HOUSINGS a 20 DAYS INMATE HOUSING SEPT 2 E 001.000.39.523.60.51.00 1,144.0( .2 Total : 1,144.0( ,- 0 E6MA.BALANCE DUE FORARTWOf E6MA.BALANCE DUE FOR ARTWOI 0 125.000.64.594.76.65.00 4,250.0( a Freight Q 125.000.64.594.76.65.00 500.0( ti Tota Bank tota Total voucherE 4,750.0( - 673,024.8E o r N 673,024.8E � Page: 35 Packet Pg. 64 E 4.2.c vchlist Voucher List Page: 1 10/19/2017 9:35:10AM City of Edmonds m L 3 Bank code : usbank c Voucher Date Vendor Invoice PO # Description/Account Amoun N 0 10192017 10/19/2017 062693 US BANK 0091 US BANK - EW VISA 0- SHRM MEMBERSHIP DUES - CARU 001.000.22.518.10.49.00 179.0( JOB ADVERTISTING CRAIGSLIST - `a 001.000.22.518.10.41.40 90.0( Y WWTP SUPERVISOR RE -POST - W 423.000.76.535.80.41.40 a� 250.0( WWTP SUPERVISOR RE -POST - W r 423.000.76.535.80.41.40 100.0( m WWTP SUPERVISOR RE -POST- PF 423.000.76.535.80.41.40 200.0( 2985 WWTP: DESK PAD CALENDARS+D, Amazon: DESK PAD CALENDARS+C R — 423.000.76.535.80.31.00 178.6( 2985 AMAZON: AT -A -GLANCE DIARY BO, Q. Amazon - At -A -Glance Diary book 423.000.76.535.80.31.00 -22.3' •� 3355 DRONEDEPLOY.COM -STORM - M( Dronedeploy.com - Storm - Monthly o 422.000.72.531.90.49.00 299.0( Fa 3535 AED SUPERSTORE - TAX NOT PAIC > 0 AED Superstore - Tax not paid by Iasi Q. 001.000.66.518.30.31.00 39.5< Q Amazon - Sewer - Knee Pads 423.000.75.535.80.31.00 94.5, Brown PaperTickets - Recycle - Plastic 421.000.74.537.90.43.00 45.0( o Industrial Bolt & Supply - Fleet - 511.000.77.548.68.31.10 32.6. 3 4519 JADE LEARNING - ELECT CLASS O Jade Learning - Elect Class on Line fi 001.000.66.518.30.49.00 119.0( E U Cool - Engineer 76th & 212th Proje 112.000.68.595.33.41.00 858.7E +° Q Page: 1 Packet Pg. 65 vchlist 10/19/2017 9:35:10AM Voucher List City of Edmonds 4.2.c Page: 2 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account m L 3 c Amoun M 10192017 10/19/2017 062693 US BANK (Continued) a National Locksmithing Inst. - Class - 001.000.66.518.30.49.00 995.0( 4675 4675 PARKS CREDIT CARD i COSTCO: PICKLE -BALL TOURNAMI 001.000.64.571.25.31.00 33.7z vi PNW-ISA TRAINING CONFERENCE 001.000.64.576.80.49.00 456.0( t DISCOUNT SCHOOL SUPPLY: PRE! r 001.000.64.571.29.31.00 129.E 1 m AMAZON:PRUNER a� 001.000.64.576.80.31.00 77.2( WRPA: CPSI TRAINING (DILL - MISI 001.000.64.576.80.49.00 2,925.0( AMAZON: PACKING TAPE, ENVELO o 001.000.64.571.21.31.00 38.1E c�v AMAZON: NAME BADGE SUPPLIES Q' 001.000.64.571.23.31.00 22.0( .E SURVEY MONKEY: MONTHLY WOT 117.100.64.573.20.49.00 35.0( o AMAZON: WRITING PADS F0 001.000.64.571.21.31.00 34.9� p AMAZON: RETURN ADDRESS STAR Q. 001.000.64.571.28.31.00 9.9E Q HAMPTON: DAVE JOHNSON NRPA 001.000.64.576.80.43.00 463.1 E 4675 WRPA: MISTAKEN REGISTRATION 1 r WRPA: MISTAKEN REGISTRATION 1 c 001.000.64.576.80.49.00 -585.0( Amazon refund - Desktop Microphone 3 117.100.64.573.20.31.00 -18.1 £ .. 5593 RECORDING SHORT PLATS, LIENS SNOHOMISH COUNTY RECORDINC E 001.000.25.514.30.49.00 325.0( AMAZON - FIRST AID KIT f° Q Page: 2 Packet Pg. 66 vchlist 10/19/2017 9:35:10AM Voucher List City of Edmonds 4.2.c Page: 3 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account m L 3 c Amoun M 10192017 10/19/2017 062693 US BANK (Continued) 0 001.000.25.514.30.31.00 29.7, m INVOICE# 4534317 SHREDDING SE 001.000.25.514.30.41.00 4.7, L INVOICE# 4534317 SHREDDING SE 001.000.31.514.23.41.00 4.7, vi INVOICE# 4534500 SHRED ONE TIl 001.000.25.514.30.41.00 208.2( t SNOHOMISH COUNTY RECORDINC r 421.000.74.534.80.49.00 280.0( m SNOHOMISH COUNTY RECORDINC y 423.000.75.535.80.49.00 280.0( SNOHOMISH COUNTY RECORDINC 001.000.25.514.30.49.00 M 158.0( 6254 6254 PARKS CR CARD 0- NRPA: CONFERENCE SESSION Hll c>o 001.000.64.571.21.49.00 45.0( a AMAZON: PRESCHOOL INK & CHAL E 001.000.64.571.29.31.00 77.4, NRPA: CONFERENCE SESSION Hll o 001.000.64.571.29.49.00 115.0( Fa 6254 NRPA REFUND CONFERENCE SES > 0 NRPA REFUND CONFERENCE SES Q. 001.000.64.571.21.49.00 -115.0( Q 7000 SHANES VISA BILL, MISC CHARGE APA Conf fees- Shane ~ 001.000.62.524.10.49.00 200.0( o6 Parking for 3 different meetings -Shan c 001.000.62.524.10.43.00 22.0( APA conf travel expenses- Shane L 001.000.62.524.10.43.00 609.6, 3 8083 VISA- DEV SERV, VARIOUS EXPEN c Marsh interview/public meetings- E E 001.000.62.558.60.49.00 70.3 1 office supplies- Amazon Q Page: 3 Packet Pg. 67 vchlist 10/19/2017 9:35:10AM Voucher List City of Edmonds 4.2.c Page: 4 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account m L 3 c Amoun M 10192017 10/19/2017 062693 US BANK (Continued) a 001.000.62.524.10.31.00 571.5( EB EDGE Meeting- Shane +, 001.000.62.524.10.49.00 62.5( i ITL Code cert- Chuck 001.000.62.524.20.49.00 95.0( vi Adobe- Brad/dev sery 001.000.62.524.10.41.00 55.1 z t 8083 REFUND -UNNEEDED COFFEE- MP r unneeded refreshemnt for Marsh 001.000.62.558.60.49.00 -17.5� 9117 HOME DEPOT - SHOP SUPPLIES Home Depot - Unit 435 - Totes c 511.000.77.548.68.31.10 69.11 = Home Depot - Shop Supplies 511.000.77.548.68.31.20 6.8E c�v Wesco - Shop Supplies Q' 511.000.77.548.68.31.20 3.6:.6 Amazon - Unit 947 - Seat Belt Suppli( 511.000.77.548.68.31.10 32.9z o Amazon - Unit 959 - Parts 511.000.77.548.68.31.10 F0 35.8E o Home Depot - Unit 285 - Tote Q. 511.000.77.548.68.31.10 46.1' Q Good to go - Unit 284 Use 511.000.77.548.68.48.00 2.7E Motion Ind - Fleet Shop Supplies d� 511.000.77.548.68.31.20 r 54.31 c Amazon - Fleet - Hand Pump 511.000.77.548.68.35.00 205.5z •3 Amazon - Fleet Shop Parts 511.000.77.548.68.31.20 68.9( Amazon - Fleet Shop Supplies W E 511.000.77.548.68.31.20 34.2, UPS - Unit 285 Shipping Fees Q Page: 4 Packet Pg. 68 vchlist 10/19/2017 9:35:10AM Bank code: usbank Voucher Date Vendor 10192017 10/19/2017 062693 US BANK 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 511.000.77.548.68.48.00 Costco - Units 38 & 32 - Backup Cam 511.000.77.548.68.31.10 Total Bank total Total vouchers 4.2.c Page: 5 m L 3 c Amoun M 0 0- 61.61 -0) 441.1£ w L 11,225.1 i -0 N 11,225.1 , a� 11,225.1 i v r m a� c R 0 L Q E V 0 0 L Q Q a ti r O r N L 3 c a� E c� Page: 5 Packet Pg. 69 a 4.2.d PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number 41 a� STM 12th Ave & Sierra Stormwater System Improvements c484 E51FE STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC L_ STM 183rd PI SW Storm Repairs c491 E61FE 3 SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA r N 0 STR 2014 Chip Seals c451 E4CB a m STM 2014 Drainage Improvements c433 E41FA U L STM 2014 Lake Ballinger Associated Projects c436 E4FD "a STR 2014 Overlay Program c438 E4CA ui WTR 2014 Waterline Overlays c452 E4CC a� STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E51FA r STR 2015 Overlay Program c463 E5CA c SWR 2015 Sewerline Overlays i007 E5CC 0 SWR 2015 Sewerline Replacement Project c441 E4GA o STR 2015 Traffic Calming c471 E5AB 0 a WTR 2015 Waterline Overlays c475 E5CB E .E WTR 2015 Waterline Replacement Program c440 E4JB 0 4- 0 STR 2016 Curb Ramp Upgrades i016 E6DC STR 2016 Overlay Program i008 E6CA o a SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA a Q SWR 2016 Sewerline Overlays i010 E6CC ti WTR 2016 Water Comp Plan Update c460 E4JC T' WTR 2016 Waterline Overlays i009 E6CB N WTR 2016 Waterline Replacement Projects c468 E5JA STR 2017 Curb Ramp Upgrades i022 E7DA E z STR 2017 Minor Sidewalk Program i023 E7DB o STR 2017 Overlay Program i018 E7CA d SWR 2017 Sanitary Sewer Replacement Project i013 E6GA �, SWR 2017 Sewerline Overlays i020 E7CC m STR 2017 Traffic Calming i021 E7AA L WTR 2017 Waterline Overlays i019 E7CB LL WTR 2017 Waterline Replacement Projects i014 E6J13 E SWR 2018/19 Sewerline Replacement Project c492 E6GC 0 WTR 2018/19 Waterline Replacement Project c493 E6JC Q STR 220th Street Overlay Project c462 E4CD STM 224th & 98th Drainage Improvements c486 E6FB Revised 7/27/2017 Packet Pg. 70 4.2.d PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number 41 a� WTR 224th Waterline Relocation (2013) c418 E3J13 STR 228th St. SW Corridor Improvements i005 E7AC L_ STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD 3 STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA r N 0 a STM 3rd Ave Rain Gardens i012 E6FC m STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA U L STR 89th PI W Retaining Wall i025 E7CD STR 9th Avenue Improvement Project c392 E2AB ui FAC AN Upgrades - Council Chambers c476 E5LA a� STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE r STR ADA Transition Plan s016 E6DB c STR Audible Pedestrian Signals i024 E7AB 0 STR Bikelink Project c474 E5DA o PRK City Spray Park c417 E4MA 0 a SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB E .E SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB 0 STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB o a WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5J13 Q STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM ti PM Dayton Street Plaza c276 E7MA a' r STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC N STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB E z STM Edmonds Marsh Feasibility Study c380 E2FC o General Edmonds Waterfront Access Analysis c478 E5DB d FAC ESCO III Project c419 E3LI3 PRK FAC Band Shell Replacement c477 E6MB m WTR Five Corners Reservoir Re -coating c473 E5KA L STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA U_ PM Fourth Avenue Cultural Corridor c282 E8MA E STR Hwy 99 Enhancements (Phase III) c405 E2AD 0 STR Hwy 99 Gateway Revitalization s014 E6AA Q SWR Lake Ballinger Trunk Sewer Study s011 E5GB STM LID Retrofits Perrinville Creek Basin c434 E4FB Revised 7/27/2017 Packet Pg. 71 4.2.d PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number SWR Lift Station #1 Basin & Flow Study c461 E4GC STIR Minor Sidewalk Program i017 E6DD STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E61FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E71FA STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC FAC Public Safety Controls System Upgrades c444 E41LA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STIR SR104 Corridor Transportation Study c427 E3AB STIR SR104/City Park Mid -Block Crossing c454 E4DB UTILITIES Standard Details Updates solo E5NA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Comp Plan Update s017 E6FD STIR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STIR Trackside Warning System c470 E5AA STIR Train Trench - Concept c453 E4DA STIR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA PRK Veteran's Plaza c480 E6MA STM Video Assessment of Stormwater Lines c459 E4FF PRK Waterfront Restoration m103 E7MA STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC WWTP WWTP Outfall Pipe Modifications c481 E5HA PRK Yost Park Spa c494 E6MC Revised 7/27/2017 Packet Pg. 72 4.2.d PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STIR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements c354 Sunset Walkway Improvements STM ElFM c374 Dayton Street & SR104 Storm Drainage Alternatives Perrinville Creek Culvert Replacement EW STIR E2AA c391 Transportation Plan Update E2AB c392 9th Avenue Improvement Project STIR E2AD c405 Hwy 99 Enhancements (Phase III) albot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration Sy; Edmonds Marsh Feasibility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation SR104 Corridor Transportation Study STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) 15th St. SW Walkway fk-dmonds Way to 8t STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) ADA Curb Ramp Upgrades along 3rd Ave ■ STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study orthstream Pipe Abandonment on Puget Drive STM E3FG c429 Storm Drainage Improvements - 88th & 194th SSW c430 Edmonds-105 torm Improvements SWR E3GA c398 2013 Sewerline Replacement Project 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project 014 Overlay Program ■ STIR E4CB c451 2014 Chip Seals 2014 Waterline Overla ^� STIR E4CD c462 220th Street Overlay Project �Trairj STIR E4DB c454 SR104/City Park Mid -Block Crossing 2014 Drainage Improvemen STM E4FB c434 LID Retrofits Perrinville Creek Basin low Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STM E4FE Dayton Street Stormwater Pump Station STM E4FF c459 Video Assessment of Stormwater Lines Revised 7/27/2017 Packet Pg. 73 4.2.d PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title SWR E4GA ' c441 2015 Sewerline Replacement Project SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park Edmonds Fishing Pier Rehab STR E5AA c470 Trackside Warning System 2015 Traffic Calming il STR E5CA c463 2015 Overlay Program 2015 Waterline Overlays - SWR E5CC i007 2015 Sewerline Overlays General E5DB c478 Edmonds Waterfront Access Analysis c466 2015 Citywide Drainage Improvements/Rehab Projects ■ STM E5FB c467 Update Stormwater Management Code & Associated Projects c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) ■ STM E5FD c479 Seaview Park Infiltration Facility E5FEig mprover SWR E5GA c469 2016 Sanitary Sewer Replacement Projects Lake Ballinger Trunk Se Study WWTP E5HA c481 WWTP Outfall Pipe Modifications 2016 Waterline Replacement Projects WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) orners Reservoir Re -coati n- FAC E5LA c476 AN Uoarades - Council Chambers solo Standard Details Updates STR E6AA s014 Hwy 99 Gateway Revitalization Citywide Protected/Permissive Traffic Signal Conversion STR E6CA i008 2016 Overlay Program 16 Waterline nvariave— SWR E6CC i010 2016 Sewerline Overlays 6DA 85 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DB s016 ADA Transition Plan Revised 7/27/2017 Packet Pg. 74 4.2.d PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STIR E6DC ' i016 2016 Curb Ramp Upgrades STIR E6DD i017 Minor Sidewalk Program i011 Northstream Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements 3rd Ave Rain Garden STM E6FD s017 Stormwater Comp Plan Update STM E6FE c491 183rd PI SW Storm Repairs SWR E6GA i013 2017 Sanitary Sewer Replacement Project idekIPP Sewer Rehab Phase SWR E6GC c492 2018/19 Sewerline Replacement Project Utility Rate Updat WTR E6J13 i014 2017 Waterline Replacement Projects 2018/19 Waterline Replacement Project PRK E6MA c480 Veteran's Plaza Band Shell Replacement PRK E6MC c494 Yost Park Spa E7AA i021 2017 Traffic Calming STIR E7AB i024 Audible Pedestrian Signals i005 228th St. SW Corridor Improvements STIR E7CA i018 2017 Overlav Proaram SWR E7CC i020 2017 Sewerline Overla 89th PI W Retaining Wall STIR E7DA i022 2017 Curb Ramp Upgrades E7DB i023 2017 Minor Sidewalk Program STIR E7DC i026 Citywide Pedestrian Crossing Enhancements QkD Slope Repair & Stabilization STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW NPDES (Students Saving Salmon) PM E7MA c276 Dayton Street Plaza Waterfront Restoration PM E8MA c282 Fourth Avenue Cultural Corridor Revised 7/27/2017 Packet Pg. 75 4.2.d PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting vi Funding Number Number Project Title a� PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor m L_ STIR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) 3 STIR E1 DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements r N 0 STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives a m STM E1 FN c376 Perrinville Creek Culvert Replacement U L STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 ui SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study a� SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation r STIR E2AA c391 Transportation Plan Update c STIR E2AB c392 9th Avenue Improvement Project 0 SWR E3GA c398 2013 Sewerline Replacement Project o STIR E2AD c405 Hwy 99 Enhancements (Phase III) 0 a STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study E STM EYE c410 Northstream Pipe Abandonment on Puget Drive 0 PRK E4MA c417 City Spray Park WTR E3J13 c418 224th Waterline Relocation (2013) o a FAC E3LB c419 ESCO III Project a Q STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) ti STIR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) °' r STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) N STIR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STIR c427 SR104 Corridor Transportation Study z STM E3FG c429 Storm Drainage Improvements - 88th & 194th o STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements d STM E4FA c433 2014 Drainage Improvements �, STM E4FB c434 LID Retrofits Perrinville Creek Basin c m STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration L STM E4FD c436 2014 Lake Ballinger Associated Projects U- STR E4CA c438 2014 Overlay Program E WTR E4J13 c440 2015 Waterline Replacement Program 0 SWR E4GA c441 2015 Sewerline Replacement Project Q FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E41LA c444 Public Safety Controls System Upgrades Revised 7/27/2017 Packet Pg. 76 4.2.d PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting vi Funding Number Number Protect Title a� WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STIR E4CB c451 2014 Chip Seals L_ WTR E4CC c452 2014 Waterline Overlays 3 STIR E4DA c453 Train Trench - Concept STIR E4DB c454 SR104/City Park Mid -Block Crossing r N 0 a STM E4FE c455 Dayton Street Stormwater Pump Station m SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I U L STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update ui SWR E4GC c461 Lift Station #1 Basin & Flow Study a� STIR E4CD c462 220th Street Overlay Project r STIR E5CA c463 2015 Overlay Program c STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects 0 STM E5FB c467 Update Stormwater Management Code & Associated Projects o WTR E5JA c468 2016 Waterline Replacement Projects 0 a SWR E5GA c469 2016 Sanitary Sewer Replacement Projects E STIR E5AA c470 Trackside Warning System 0 STIR E5AB c471 2015 Traffic Calming STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) o a WTR E5KA c473 Five Corners Reservoir Re -coating a Q STIR E5DA c474 Bikelink Project ti WTR E5CB c475 2015 Waterline Overlays °' r FAC E5LA c476 AN Upgrades - Council Chambers N PRK E6MB c477 FAC Band Shell Replacement General E5DB c478 Edmonds Waterfront Access Analysis z STM E5FD c479 Seaview Park Infiltration Facility o PRK E6MA c480 Veteran's Plaza 'D d WWTP E5HA c481 WWTP Outfall Pipe Modifications �, WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E5FE c484 12th Ave & Sierra Stormwater System Improvements L STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) U_ STM E6FB c486 224th & 98th Drainage Improvements E SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II 0 STM E6FE c491 183rd PI SW Storm Repairs Q SWR E6GC c492 2018/19 Sewerline Replacement Project WTR E6JC c493 2018/19 Waterline Replacement Project Revised 7/27/2017 Packet Pg. 77 4.2.d PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Protect Title PRK E61VIC c494 Yost Park Spa STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STIR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays STIR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC iolo 2016 Sewerline Overlays STM E6FA i011 Northstream Culvert Repair Under Puget Drive STM E61FC i012 3rd Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project WTR E6JB i014 2017 Waterline Replacement Projects STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DC i016 2016 Curb Ramp Upgrades STIR E6DD i017 Minor Sidewalk Program STIR E7CA i018 2017 Overlay Program WTR E7CB i019 2017 Waterline Overlays SWR E7CC i02o 2017 Sewerline Overlays STIR E7AA i021 2017 Traffic Calming STIR E7DA i022 2017 Curb Ramp Upgrades STIR E7DB i023 2017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STM E71FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Restoration STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES E5NA solo Standard Details Updates SWR E5GB s011 Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STIR E6AA s014 Hwy 99 Gateway Revitalization STIR E6DB s016 ADA Transition Plan STM E6FD s017 Stormwater Comp Plan Update Revised 7/27/2017 Packet Pg. 78 4.2.d PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number FAC A/V Upgrades - Council Chambers c476 E5LA FAC Edmonds Fishing Pier Rehab c443 E4MB FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E41-A General Edmonds Waterfront Access Analysis c478 E5DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PRK City Spray Park c417 E4MA PRK FAC Band Shell Replacement c477 E6MB PRK Veteran's Plaza c480 E6MA PRK Waterfront Restoration m103 E7MA PRK Yost Park Spa c494 E6MC STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STM 183rd PI SW Storm Repairs c491 E6FE STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STM 224th & 98th Drainage Improvements c486 E6FB STM 3rd Ave Rain Gardens i012 E6FC STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE STM Edmonds Marsh Feasibility Study c380 E2FC STM LID Retrofits Perrinville Creek Basin c434 E4FB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Seaview Park Infiltration Facility c479 E5FD STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Comp Plan Update s017 E6FD Revised 7/27/2017 Packet Pg. 79 4.2.d PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STIR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STIR 2014 Chip Seals c451 E4CB STIR 2014 Overlay Program c438 E4CA STIR 2015 Overlay Program c463 E5CA STIR 2015 Traffic Calming c471 E5AB STIR 2016 Curb Ramp Upgrades i016 E6DC STIR 2016 Overlay Program i008 E6CA STIR 2017 Curb Ramp Upgrades i022 E7DA STIR 2017 Minor Sidewalk Program i023 E7DB STIR 2017 Overlay Program i018 E7CA STIR 2017 Traffic Calming i021 E7AA STIR 220th Street Overlay Project c462 E4CD STIR 228th St. SW Corridor Improvements i005 E7AC STIR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STIR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STIR 89th PI W Retaining Wall i025 E7CD STIR 9th Avenue Improvement Project c392 E2AB STIR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STIR ADA Transition Plan s016 E6DB STIR Audible Pedestrian Signals i024 E7AB STIR Bikelink Project c474 E5DA STIR Citywide Pedestrian Crossing Enhancements i026 E7DC STIR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STIR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STIR Hwy 99 Enhancements (Phase III) c405 E2AD STIR Hwy 99 Gateway Revitalization s014 E6AA STIR Minor Sidewalk Program i017 E6DD STIR SR104 Corridor Transportation Study c427 E3AB Revised 7/27/2017 Packet Pg. 80 4.2.d PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STR SR104/City Park Mid -Block Crossing c454 E4DB STR Sunset Walkway Improvements c354 E1DA STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2016 Sewerline Overlays i010 E6CC SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR 2017 Sewerline Overlays i020 E7CC SWR 2018/19 Sewerline Replacement Project c492 E6GC SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s011 E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES Standard Details Updates solo E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2014 Waterline Overlays c452 E4CC WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB WTR 2016 Waterline Replacement Projects c468 E5JA WTR 2017 Waterline Overlays i019 E7CB WTR 2017 Waterline Replacement Projects i014 E6JB WTR 2018/19 Waterline Replacement Project c493 E6JC WTR 224th Waterline Relocation (2013) c418 E3JB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5JB WTR Five Corners Reservoir Re -coating c473 E51KA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 7/27/2017 Packet Pg. 81 Hour Type Hour Class 600 RETROACTIVE PAY Payroll Earnings Summary Report City of Edmonds Pay Period: 893 (10/13/2017 to 10/16/2017) Description RETROACTIVE PAY Hours 0.00 0.00 Total Net Pay: Amount 186,638.55 $186,638.55 $144, 358.23 4.2.e 10/ 19/2017 Packet Pg. 82 Hour Type Hour Class 903 MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 894 (10/13/2017 to 10/16/2017) Description CLOTHING ALLOWANCE Hours Amount 0.00 2,800.00 0.00 $2,800.00 Total Net Pay: $2,569.71 4.2.f 10/19/2017 Packet Pg. 83 Hour Type Hour Class 600 RETROACTIVE PAY Payroll Earnings Summary Report City of Edmonds Pay Period: 895 (10/16/2017 to 10/16/2017) Description RETROACTIVE PAY Hours Amount 0.00 2,122.79 0.00 $2,122.79 Total Net Pay: $1,774.66 4.2.g 10/19/2017 Packet Pg. 84 Hour Type Hour Class 600 RETROACTIVE PAY Payroll Earnings Summary Report City of Edmonds Pay Period: 896 (10/16/2017 to 10/16/2017) Description RETROACTIVE PAY Hours Amount 0.00 3,882.89 0.00 $3,882.89 Total Net Pay: $3,116.44 4.2.h 10/19/2017 Packet Pg. 85 Payroll Earnings Summary Report City of Edmonds Pay Period: 834 (10/01/2017 to 10/15/2017) Hour Type Hour Class Description Hours Amount -ed2 REGULAR HOURS Educational Pay Correction 0.00 -156.28 121 SICK SICK LEAVE 396.25 15,321.81 122 VACATION VACATION 929.81 37,285.31 123 HOLIDAY HOLIDAY HOURS 32.00 1,225.05 124 HOLIDAY FLOATER HOLIDAY 9.00 324.26 125 COMP HOURS COMPENSATORY TIME 188.19 7,095.39 129 SICK Police Sick Leave L & 1 77.50 3,417.75 130 COMP HOURS Holiday Compensation Used 9.50 328.90 131 MILITARY MILITARY LEAVE 72.00 2,958.43 141 BEREAVEMENT BEREAVEMENT 4.00 143.32 150 REGULAR HOURS Kelly Day Used 120.00 4,697.46 152 COMP HOURS COMPTIME BUY BACK 0.21 5.97 155 COMP HOURS COMPTIME AUTO PAY 157.90 7,197.62 158 VACATION VACATION PAYOFF 89.95 2,555.29 160 VACATION MANAGEMENT LEAVE 16.75 1,003.51 190 REGULAR HOURS REGULAR HOURS 15,899.35 629,826.50 195 REGULAR HOURS ADMINISTRATIVE LEAVE 27.00 972.84 196 REGULAR HOURS LIGHT DUTY 139.00 8,289.70 205 OVERTIME HOURS OVERTIME .5 8.00 162.51 210 OVERTIME HOURS OVERTIME -STRAIGHT 15.25 552.20 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,630.32 216 MISCELLANEOUS STANDBY TREATMENT PLANT 7.00 731.30 220 OVERTIME HOURS OVERTIME 1.5 287.00 19,408.26 225 OVERTIME HOURS OVERTIME -DOUBLE 12.25 852.14 405 ACTING PAY OUT OF CLASS - POLICE 0.00 402.70 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 44.69 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,023.33 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 -613.48 601 COMP HOURS ACCRUED COMP .5 6.50 0.00 602 COMP HOURS ACCRUED COMP 101.31 0.00 604 COMP HOURS ACCRUED COMP TIME 133.25 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 43.95 acp MISCELLANEOUS Accreditation 1 % Part Time 0.00 0.00 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 166.62 10/19/2017 Packet Pg. 86 Payroll Earnings Summary Report City of Edmonds Pay Period: 834 (10/01/2017 to 10/15/2017) Hour Type Hour Class Description Hours Amount boc MISCELLANEOUS BOC II Certification 0.00 86.48 colre MISCELLANEOUS Collision Reconstructionist 0.00 111.84 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 153.12 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 640.76 det MISCELLANEOUS DETECTIVE PAY 0.00 105.84 det4 MISCELLANEOUS Detective 4% 0.00 1,017.06 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 756.21 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 930.72 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,883.58 fmla ABSENT FAMILY MEDICAL/NON PAID 98.00 0.00 furls SICK FAMILY MEDICAL/SICK 58.25 2,256.46 k9 MISCELLANEOUS K-9 PAY 0.00 105.84 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 506.55 Ig10 LONGEVITY LONGEVITY 5.5% 0.00 396.36 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 919.55 Ig12 LONGEVITY Longevity 9% 0.00 5,775.84 Iq4 LONGEVITY Lonqevitv 1 % 0.00 213.81 Iq5 LONGEVITY Lonqevitv 3% 0.00 529.20 Iq6 LONGEVITY Lonqevitv .5% 0.00 361.02 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 850.79 Iq9 LONGEVITY Lonqevitv 3.5% 0.00 82.46 mels SICK Medical Leave Sick 88.00 3,053.00 melv VACATION Medical Leave Vacation 72.00 2,767.50 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 211.68 pds MISCELLANEOUS Public Disclosure Specialist 0.00 47.12 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,973.94 prof MISCELLANEOUS PROFESSIONAL STANDARDS SER 0.00 165.12 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 271.15 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 165.12 slw SICK SICK LEAVE ADD BACK 171.97 0.00 str MISCELLANEOUS STREET CRIMES 0.00 440.58 traf MISCELLANEOUS TRAFFIC 0.00 224.60 vab VACATION VACATION ADD BACK 51.02 0.00 10/19/2017 Packet Pg. 87 Payroll Earnings Summary Report City of Edmonds Pay Period: 834 (10/01/2017 to 10/15/2017) Hour Type Hour Class Description Hours 19, 326.21 Total Net Pay: Amount $777,900.67 $515,316.74 10/19/2017 Packet Pg. 88 Benefit Checks Summary Report City of Edmonds Pay Period: 834 - 10/01/2017 to 10/15/2017 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 62943 10/20/2017 chap1 CHAPTER 13 TRUSTEE 940.00 0.00 62944 10/20/2017 epoa2 EPOA-POLICE 2,866.50 0.00 62945 10/20/2017 epoa3 EPOA-POLICE SUPPORT 460.75 0.00 62946 10/20/2017 flex NAVIA BENEFIT SOLUTIONS 1,052.05 0.00 62947 10/20/2017 teams TEAMSTERS LOCAL 763 4,668.50 0.00 62948 10/20/2017 icma VANTAGE TRANSFER AGENTS 304884 3,500.02 0.00 13,487.82 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 2620 10/20/2017 awc AWC 332,487.34 0.00 2623 10/20/2017 mebt WTRISC FBO #N3177131 93,688.10 0.00 2624 10/20/2017 us US BANK 106,287.89 0.00 2630 10/20/2017 wadc WASHINGTON STATE TREASURER 21,689.01 0.00 2632 10/20/2017 pb NATIONWIDE RETIREMENT SOLUTION 6,230.44 0.00 2633 10/20/2017 oe OFFICE OF SUPPORT ENFORCEMENT 347.50 0.00 560,730.28 0.00 Grand Totals: 574,218.10 0.00 10/19/2017 Packet Pg. 89 4.3 City Council Agenda Item Meeting Date: 10/24/2017 Approval of Franchise with Verizon - MCI Staff Lead: Jeff Taraday, City Attorney Department: City Attorney's Office Preparer: Scott Passey Background/History At the October 17, 2017 City Council Meeting, Verizon Representative Louise Polpolka provided a presentation and answered questions about the proposed installation of fiber optic cable in the city right-of-way. The Council directed that this item be brought back for action on the next meeting's consent agenda. Staff Recommendation Approve on consent agenda. Narrative Verizon-MCI is seeking a franchise primarily to lay fiber optic cable in city right-of-way. This is a different business than Verizon Wireless. The granting of a franchise is a legislative matter to be approved by the city council. The city council has discretion to exercise regarding the terms of the franchise, but the discretion is not unlimited. Federal and state law may apply to certain aspects of this franchise. Of note, the franchise does require that all the wires be placed underground. It has a five year term. Attachments: 2017-09-21 Verizon - MCI franchise - clean Verizon Franchise City of Edmonds 10_17_2017 Packet Pg. 90 4.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES, A DELAWARE CORPORATION, A NON-EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. WHEREAS, MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services, has requested that the City grant it the right to install, operate, and maintain a telecommunications system within the public ways of the City, which system shall not include antennae and support structures except for pedestals and small GPS antennae; and WHEREAS, the City Council has found it desirable for the welfare of the City and its residents that such a non-exclusive franchise be granted to MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services; and WHEREAS, the City Council has the authority under state law to grant franchises for the use of its streets and other public properties; and WHEREAS, the City is willing to grant the rights requested subject to certain terms and conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. a. "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the Franchisee. b. "City" means the City of Edmonds, Washington. C. "Communication Service" shall mean any telecommunications services, telecommunications capacity, or dark fiber, provided by the Franchisee using its Facilities, Packet Pg. 91 4.3.a either directly or as a carrier for its subsidiaries, Affiliates, or any other person engaged in Communication Services, including, but not limited to, the transmission of voice, data or other electronic information, facsimile reproduction, burglar alarm monitoring, meter reading and home shopping, or other subsequently developed technology that carries an electronic signal over fiber optic cable. Communication Service shall also include: (i) non - switched, dedicated and private line, high capacity transmission services to firms, businesses and institutions within the City; and (ii) internet access services to residents, firms, businesses and institutions within the City. However, Communications Services shall not include the provision of cable television, open video, or similar services, as defined in the Communications Act of 1934, as amended, for which a separate franchise would be required. d. "Facilities" shall mean Franchisee's telecommunications system constructed and operated within the City's Public Ways, and shall include all cables, wires, conduits, ducts, pedestals, and any associated converter, equipment, or other facilities within the City's Public Ways, designed and constructed for the purpose of providing Communication Service, provided that facilities shall not include antennae and support structures except for pedestals and small GPS antennae. e. "FCC" means the Federal Communications Commission, or any successor governmental entity hereto. f. "Franchise" shall mean the initial authorization, or renewal thereof, granted by the City, through this Ordinance, or a subsequently adopted Ordinance, which authorizes construction and operation of the Franchisee's Facilities for the purpose of offering Communication Service. g. "Franchisee" means MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services, a Delaware Corporation, or the lawful successor, transferee, or assignee thereof. h. "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. i. "Public Way" shall mean the surface of, and any space above or below, any public street, highway, freeway, bridge, path, alley, court, boulevard, sidewalk, parkway, lane, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, utility strips, or rights -of -way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the Service Area, which shall entitle the City and the Franchisee the use thereof for the purpose of installing, operating, repairing, and maintaining the Facilities. Public Way shall also mean any easement now or hereafter held by the City within the Service Area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights -of -way, which within their proper use and meaning entitle the City and the Franchisee to the use the Service over the Facilities. 2 Packet Pg. 92 4.3.a j. "Service Area" means the present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means. Section 2. Authority Granted. The City hereby grants to the Franchisee, its heirs, successors, legal representatives, and assigns, subject to the terms and conditions hereinafter set forth, the right, privilege, and authority to utilize the Public Ways of the City for construction and operation of the Franchisee's Facilities and to acquire, construct, operate, maintain, replace, use, install, remove, repair, reconstruct, inspect, sell, lease, transfer or to otherwise utilize in any lawful manner, all necessary equipment and facilities thereto for Franchisee's Facilities, and to provide Communication Service. Section 3. Construction Permits Required. A. Prior to site -specific location and installation of any portion of its Facilities within a Public Way, the Franchisee shall apply for and obtain a Construction Permit pursuant to ECDC Chapter 18.60. In addition to any criteria set forth in ECDC Chapter 18.60, the City Engineer shall apply the following criteria in the issuance or denial of a Construction Permit application: Whether the Franchisee has received all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies with jurisdiction over the activities proposed by the Franchisee; 2. Whether there is sufficient capacity in the Public Ways to accommodate the Franchisee's proposed Facilities; 3. The capacity of the Public Ways to accommodate additional utility, cable, and Facilities if the Construction Permit is granted; 4. The damage or disruption, if any, of public or private Facilities, utilities, improvements, service, travel or landscaping if the Construction Permit is granted; 5. The public interest in minimizing the cost and disruption of construction within the Public Ways; and 6. The availability of alternate routes and/or locations for the proposed Facilities. B. Unless otherwise provided in said Permit and except for emergency repairs, the Franchisee shall give the City at least 48 hours' notice of the Franchisee's intent to commence work in the Public Ways. The Franchisee shall file plans or maps with the City showing the proposed location of its Facilities and pay all duly established permit and inspection fees associated with the processing of the permit. In no case shall any work commence within any Public Way without said Permit, except as otherwise provided in this Franchise. Packet Pg. 93 4.3.a Section 4. Grant Limited to Occupation. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Public Ways of the City to the Franchisee, nor shall anything contained herein constitute a warranty of title. Section 5. Term of Franchise. The term of this Franchise shall be for a period of five (5) years from the date of acceptance as set forth in Section 31 (Acceptance), unless sooner terminated. This Franchise shall not renew unless and until the City and Franchisee reach agreement on a renewal and said agreement is approved by ordinance of the City Council. In the event that agreement cannot be reached, this Franchise shall terminate at the end of the then current term. Nothing in this Section prevents the parties from reaching agreement on renewal earlier than the time periods indicated. If Franchisee requests renewal of this Franchise, then during the period that the parties are conducting good faith discussions concerning renewal, this Franchise shall not terminate in the event the term of this Franchise as set forth in this Section 5 expires, PROVIDED THAT the request for renewal must occur prior to the expiration date to take advantage of this continuation provision. Section 6. Non -Exclusive Grant. This Franchise shall not in any manner prevent the City from entering into other similar agreements or granting other or further franchises in, under, on, across, over, through, along or below any of said Public Ways of the City. However, the City shall not permit any such future franchisee to physically interfere with the Franchisee's Facilities and any such rights shall be granted pursuant to applicable law. In the event that such physical interference or disruption occurs, the City Engineer may assist the Franchisee and such subsequent franchisee in resolving the dispute. Further, this Franchise shall in no way prevent or prohibit the City from using any of its Public Ways or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Public Ways, all in compliance with this Franchise. Section 7. Relocation of Facilities. A. The Franchisee agrees and covenants, to protect, support, temporarily disconnect, relocate, or remove from any Public Way any portion of its Facilities when so required by the City Engineer by reason of traffic conditions, public safety, dedications of new Public Ways and the establishment and improvement thereof, widening and improvement of existing Public Ways, street vacations, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; provided that the Franchisee shall in all cases have the privilege to temporarily bypass, in the authorized portion of the same public way upon approval by the City Engineer, any section of cable or any other facility required to be temporarily disconnected or removed. B. Upon the reasonable request of the City Engineer and in order to facilitate the design of City street and right-of-way improvements, the Franchisee agrees to, at its sole cost and expense, locate, and if reasonably determined necessary by the City, to excavate and expose portions of its Facilities for inspection so that the location of same may be taken into account in the improvement design, PROVIDED that, Franchisee shall not be required to excavate and expose M Packet Pg. 94 4.3.a it's Facilities unless the Franchisee's as -built plans and maps of its Facilities submitted pursuant to Section 9 (Maps and Records) of this Franchise are reasonably determined by the City Engineer to be inadequate for purposes of this paragraph. The decision to relocate said Facilities in order to accommodate the City's improvements shall be made by the City Engineer upon review of the location and construction of the Franchisee's Facilities. C. If the City Engineer determines that the project necessitates the relocation of the Franchisee's then existing Facilities, the City shall: 1. Within a reasonable time, which shall be no less than 30 days, prior to the commencement of such improvement project, provide the Franchisee with written notice requiring such relocation. Provided, however, that in the event an emergency posing a threat to public safety, health or welfare, or in the event of an emergency beyond the control of the City and which will result in severe financial consequences to the City, the City shall give the Franchisee written notice as soon as practicable; and 2. Provide the Franchisee with copies of information for such improvement project and a proposed location for the Franchisee's Facilities so that the Franchisee may relocate its Facilities in other Public Ways in order to accommodate such improvement project. 3. The Franchisee shall complete relocation of its Facilities at no charge or expense to the City so as to accommodate the improvement project at least 10 days prior to commencement of the project. In the event of an emergency as described herein, the Franchisee shall relocate its Facilities within the time period specified by the City Engineer. D. The Franchisee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If so requested by the City, the Franchisee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by the Franchisee full and fair consideration, within a reasonable time, so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines that there is no other reasonable alternative, the Franchisee shall relocate its Facilities as otherwise provided in this Section. E. The provisions of this Section shall in no manner preclude or restrict the Franchisee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the Facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained Facilities; provided, that such arrangements do not unduly delay a City construction project. F. The Franchisee will indemnify, hold harmless, and pay the costs of defending the City against any and all claims, suits, actions, damages, or liabilities for delays on City construction 5 Packet Pg. 95 4.3.a projects caused by or arising out of the failure of the Franchisee to relocate its Facilities in a timely manner; provided, that the Franchisee shall not be responsible for damages due to delays caused by the City or circumstances beyond the reasonable control of the Franchisee. G. The cost and expenses associated with relocation of the Franchisee's Facilities shall be the responsibility of the Franchisee unless the Franchisee had paid for the installation or relocation cost of the same Facilities within the past five years. Notwithstanding any other provision of this Ordinance, in the event of a conflict between this Ordinance and the provisions of applicable state law, the provisions of the applicable state law shall control. H. In the event that the City orders the Franchisee to relocate its Facilities for a project which is primarily for private benefit, the private party or parties causing the need for such project shall reimburse the Franchisee for the cost of relocation in the same proportion as their contribution to the cost of the project. In the event of an unforeseen emergency that creates a threat to the public safety, health, or welfare, the City may require the Franchisee to relocate its Facilities at its own expense, any other portion of this Section notwithstanding. Section 8. Undergrounding of Facilities. Consistent with ECDC Chapter 18.05, all of Franchisee's facilities shall be placed underground. Section 9. Maps and Records. After construction is complete, the Franchisee shall provide the City with accurate copies of as -built plans and maps in a form and content prescribed by the City Engineer. These plans and maps shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the City Engineer. Section 10. Work in Public Ways. A. During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said Public Ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property. The Franchisee shall at all times post and maintain proper barricades and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the state of Washington, including RCW 39.04.180 for the construction of trench safety systems. B. During the progress of the work, the Franchisee shall not unnecessarily obstruct the passage or proper use of the Public Ways, and all work by the Franchisee in any area covered by this Franchise and as described in this Section shall be performed in accordance with City of Edmonds Public Works Construction Standards and warranted for a period of one year. C. The City may require the Franchisee in its construction, relocation, or placement of ducts or conduits within the Public Ways to provide the City with additional ducts or conduits and related structures necessary to access the same. The terms and conditions under which additional ducts and/or conduits shall be provided shall be consistent with Section 070 (Relocation of Communications System) of RCW Chapter 35.99. 0 Packet Pg. 96 4.3.a D. The Franchisee shall cooperate with the City and all other persons with authority from the City to occupy and use the Public Ways of the City in coordination of construction activities and joint trenching projects. By February I't of each calendar year, the Franchisee shall provide the City with a schedule of its proposed construction activities for that calendar year in, around, or that may affect the Public Ways of the City. The Franchisee shall also meet with the City and other grantees, franchisees, permittees, and users of the Public Ways of the City annually, or as determined by the City, to schedule and coordinate construction activities. The City Engineer shall coordinate all construction locations, activities, and schedules to minimize public inconvenience, disruption, or damage to the Public Ways of the City. E. Consistent with RCW Chapter 35.99, the Franchisee may, on an annual basis, file notice with the City Clerk and the City Engineer of its desire to receive notices related to public improvement projects within the Public Ways of the City. In the event that the Franchisee is mailed such a notice and fails to coordinate installation or construction of its Facilities with the public improvement project, the City Engineer may deny the Franchisee's construction permit application for those portions of any of the Franchisee's construction projects which seek to disrupt the surface of any said street for a period of up to five years, as reasonably determined by the City Engineer for the purpose of protecting the City's investment in said public improvement projects. In the alternative, the City Engineer may require the Franchisee to fully restore the surface and sub -surface areas of such street to the condition that it was in immediately after completion of the public improvement project. F. If either the City or the Franchisee shall at any time after installation of the Facilities plan to make excavations in area covered by this Franchise and as described in this Section, the party planning such excavation shall afford the other, upon receipt of written request to do so, an opportunity to share such an excavation. PROVIDED THAT: 1. Such joint use shall not unreasonably delay the work of the party causing the excavation to be made or unreasonably increase its costs; 2. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and 3. Either party may deny such request for safety reasons or if their respective uses of the trench are incompatible. Section 11. Restoration after Construction. The Franchisee shall, after installation, construction, relocation, maintenance, removal, or repair of its Facilities within the Public Ways, restore the surface of said Public Ways and any other City -owned property that may be disturbed by the work, to at least the same condition the Public Way or City -owned property was in immediately prior to any such installation, construction, relocation, maintenance, or repair, reasonable wear and tear excepted. The Public Works Department shall have final approval of the condition of such Public Ways and City -owned property after restoration, all in accordance with the Edmonds Municipal Code and Public Works Construction standards. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and 7 Packet Pg. 97 4.3.a local standards and specifications. The Franchisee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the Public Ways or other affected area at its sole cost and expense according to the time and terms specified in the Construction Permit issued by the City all in accordance with the applicable provisions of the Edmonds Municipal Code, as the same now exists or as it may hereafter be amended or superseded. All work and restoration by the Franchisee pursuant to this Section shall be performed in accord with City of Edmonds Public Works Construction standards and warranted for a period of one year. Section 12. Emergency Work — Permit Waiver. In the event of any emergency in which any of the Franchisee's Facilities located in, above, or under any Public Way break, are damaged, or if the Franchisee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, the Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without first applying for and obtaining a permit as required by this Franchise. However, this shall not relieve the Franchisee from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose as promptly as reasonably possible after the emergency work. The Franchisee shall notify the City by telephone immediately upon learning of the emergency and shall apply for all required permits not later than the second succeeding day during which the Edmonds City Hall is open for business. Section 13. Dangerous Conditions, Authority for City to Abate. Whenever construction, installation, or excavation of the Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining Public Way, street, or public place, or endangers the public, street utilities, or City -owned property, the City Engineer may reasonably require the Franchisee, at the Franchisee's own expense, to take action to protect the public, adjacent public places, City -owned property, streets, utilities, and Public Ways. Such action may include compliance within a reasonably prescribed time. In the event that the Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, Public Ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and the Franchisee shall be liable to the City for the reasonable costs thereof. Section 14. Recovery of Costs. The Franchisee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise or under the laws of the City. Where the City incurs costs and expenses for review, inspection, or supervision of activities undertaken through the authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not established, the Franchisee shall reimburse the City directly for any and all reasonable costs, after receipt of an itemized bill. In addition to the above, the Franchisee shall promptly reimburse the City for any and all reasonable costs the City incurs in response to any emergency involving the Franchisee's Facilities, after receipt of an itemized bill. Packet Pg. 98 4.3.a The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and a reasonable overhead. All billings will be itemized as to specifically identify the costs and expenses for each project for which the City claims reimbursement. The billing may be on an annual basis, but the City shall provide the Franchise with the City's itemization of costs at the conclusion of each project for information purposes. Provided, however, that this Section shall not be construed to allow the City to invoice Franchisee for costs incurred during the processing of Franchisee's initial franchise application to the extent that such costs were covered by application fees paid to the City pursuant to a fee schedule duly established by the City. Section 15. Consideration. Pursuant to RCW 35.21.860, the City is precluded from imposing a fee on a "telephone business" as defined in RCW 82.04.065 or a service provider for use of the right-of-way, except for certain authorized costs and expenses or any applicable tax authorized by RCW 35.21.865. This Franchise is premised upon the City and Franchisee's understanding that the activities proposed by the Franchisee constitute a "telephone business" or Franchisee is acting as a service provider in its use of the City Public Way. If state law is changed or clarified to indicate that Franchisee is not a "telephone business" or service provider, as referenced above, then the City may provide notice to Franchisee that a new Franchise must be agreed to within a year of the notice to continue operating under the Franchise. As such, the rights granted under this Franchise are not conditioned upon payment of compensation in addition to reimbursement for costs and expenses as set forth in Section 14 (Recovery of Costs) herein, payment of the cost recovery fees as set forth by the City and payment of any applicable local utility tax applicable to Franchisee's operations. The City hereby reserves its right to impose a fee on the Franchisee, to the extent authorized by law, for purposes other than to recover its administrative expenses, if the Franchisee's operations are not those of a "telephone business" as defined in RCW 82.04.065, if the Franchisee's operations are now those of a telephone business and change in the future, or if statutory prohibitions on the imposition of such fees are removed. The City also reserves its right to require that the Franchisee obtain a separate agreement for its change in use, which agreement may include provisions intended to regulate the Franchisee's operations, as allowed under applicable law. Notwithstanding any other provision of this Ordinance, nothing in this Ordinance is intended to alter, amend, modify, reduce or expand the taxes and fees that may lawfully be assessed on Franchisee's business activities under this Ordinance pursuant to applicable law. Section 16. Indemnification and Waiver. A. Franchisee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness, or death of any person or damage to property: For which the negligent acts or omissions of Franchisee, its agents, servants, officers or employees in performing the activities authorized by this Franchise are the proximate cause; 2. By virtue of the Franchisee's exercise of the rights granted herein; 0 Packet Pg. 99 4.3.a 3. By virtue of the City permitting Franchisee use of the City's Public Ways or other public property; 4. Based on the City's inspection or lack of inspection of work performed by Franchisee, its agents and servants, officers or employees in connection with work authorized on the Public Ways or property over which the City has control pursuant to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise; 5. Arising as a result of the negligent acts or omissions of Franchisee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Public Ways, in any Public Way, or other public place in performance of work or services permitted under this Franchise. B. The provisions of Subsection A of this Section shall apply to claims by Franchisee's own employees and the employees of the Franchisee's agents, representatives, contractors, and subcontractors to which Franchisee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Franchisee acknowledges that the City would not enter into this Franchise without Franchisee's waiver thereof. C. Inspection or acceptance by the City of any work performed by the Franchisee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Franchisee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised with Franchisee's consent prior to the culmination of any litigation or the institution of any litigation. Franchisee shall control the defense of any claim under which it is providing indemnification, and the City has the right to participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim, provided that Franchisee shall not be liable for such settlement or other compromise unless it has consented thereto. D. In the event that Franchisee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Franchisee, then Franchisee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney's fees, the reasonable costs of the City, and reasonable fees of recovering under this Subsection. E. The obligations of Franchisee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorney's 10 Packet Pg. 100 4.3.a fees were caused by the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. In the event that a court of competent jurisdiction determines that this Franchise is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. E. Notwithstanding any other provisions of this Section, Franchisee assumes the risk of damage to its Facilities located in the Public Ways and upon City -owned property from such activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. Franchisee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Franchisee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Franchisee's Facilities as the result of any interruption of service due to damage or destruction of Franchisee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. Section 17. Insurance. The Franchisee shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the Franchisee, its agents, representatives or employees. The Franchisee shall provide to the City, for its inspection, an insurance certificate including the City as an additional insured as its respective interests may appear under this Agreement on the commercial general liability and commercial automobile liability prior to the commencement of any work or installation of any Facilities pursuant to this Franchise. Such insurance certificate shall evidence: A. Commercial general liability insurance, written on an occurrence basis, including contractual liability coverage, with limits of $5,000,000 per occurrence for bodily injury and property damage, B. Commercial Automobile liability covering all owned, non -owned and hired vehicles with a combined single limit of $3,000,000.00 each accident for bodily injury and property damage. C. Worker's compensation within statutory limits and employer's liability insurance with limits of $1,000,000.00 each accident/disease/policy limit. The liability insurance policies required by this Section shall be maintained by the Franchisee throughout the term of this Franchise, and such other period of time during which the Franchisee is operating without a Franchise hereunder, or is engaged in the removal of its Facilities. Payment of deductibles and self -insured retentions shall be the sole responsibility of the Franchisee. The commercial general liability insurance required by this Section shall contain a clause stating that the coverage shall apply separately to each insured against whom a claim is made or suit is brought. The Franchisee's insurance shall be primary insurance with respect to the 11 Packet Pg. 101 4.3.a City. Any insurance maintained by the City shall be in excess of the Franchisee's insurance and shall not contribute with it. Upon receipt of notice from its insurer(s) Franchisee shall provide the city with thirty (30) days prior written notice of cancellation. Franchisee shall obtain and furnish to the City replacement insurance certificate(s) meeting the requirements of this Section Section 18. Abandonment and Removal of the Franchisee's Facilities. Upon the expiration, termination, or revocation of the rights granted under this Franchise, the Franchisee shall remove all of its Facilities from the Public Ways of the City within 90 days of receiving notice from the City Engineer. Provided, however, that the City may permit the Franchisee's improvements to be abandoned in place in such a manner as the City may prescribe. Upon permanent abandonment, and Franchisee's agreement to transfer ownership of the Facilities to the City, the Franchisee shall submit to the City a proposal and instruments for transferring ownership to the City. Any such Facilities which are not permitted to be abandoned in place which are not removed within ninety (90) days of receipt of said notice shall automatically become the property of the City. Provided, however, that nothing contained within this Section shall prevent the City from compelling the Franchisee to remove any such Facilities through judicial action when the City has not permitted the Franchisee to abandon said Facilities in place. Section 19. Construction Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, the Franchisee shall furnish a street repair or sidewalk bond written by a corporate surety acceptable to the City equal to at least 125% of the estimated cost of restoring the Public Ways of the City to the pre -construction condition required by Section 11 (Restoration after Construction) of this Franchise. Said bond shall be required to remain in full force until 60 days after completion of the construction of Grantee's Facilities and other improvements from the Public Ways of the City, and said bond, or separate bond acceptable to the City, shall warrant all such restoration work for a period of one year. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Franchisee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 20. Modification. The City and the Franchisee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon the written agreement of both parties to such alteration, amendment or modification. Said modifications shall be approved by the City by ordinance and accepted by the Franchisee consistent with Section 31 (Acceptance) hereof. Section 21. Forfeiture and Revocation. A. This Franchise may be terminated for failure by Franchisee to comply with the material provisions hereof and other provisions of the Edmonds Municipal Code. In addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Franchise in accordance with the terms of the Franchise herein. 12 Packet Pg. 102 4.3.a B. If the City has reason to believe that Franchisee is in violation of this Franchise or other provisions of the Edmonds Municipal Code, the following procedures shall be followed by the City: 1. The City shall provide Franchisee with a detailed written notice, by certified mail, detailing the violation, the steps necessary to cure such violation, and a reasonable time period within which the violation must be cured. Within thirty days (30) thereafter, Franchisee shall respond demonstrating that no violation occurred, that any problem has been corrected, or with a proposal to correct the problem within a specified period of time. 2. Franchisee may request an extension of time to cure an alleged violation if construction is suspended or delayed by the City, or where unusual weather, natural consequences (e.g., earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the control of Franchisee delay progress, provided that Franchisee has not, through its own actions or inactions, contributed to the delay. The amount of additional time allowed will be determined by the City. The extension of time in any case shall not be greater than the extent of the actual non-contributory delay experienced by Franchisee. 3. If said response is not satisfactory to City, the City may declare Franchisee to be in default, with written notice, by certified mail, to Franchisee. Within ten business days after notice to Franchisee, Franchisee may deliver to the City a request for a hearing before the City Council. If no such request is received, the City may declare the Franchise terminated for cause or impose lesser sanctions. 4. If Franchisee files a timely written request for a hearing, such hearing shall be held within thirty (30) days after the City's receipt of the request therefor. Such hearing shall be open to the public and Franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged non-compliance. Within ten days after the hearing, the City Council, on the basis of the record, will make the determination as to whether there is cause for termination, whether the Franchise will be terminated, or whether lesser sanctions should be imposed. The City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the City Council does not grant any additional period, the City Council may by resolution declare the Franchise to be terminated and forfeited or impose lesser sanctions. 5. If Franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided the Franchisee is otherwise in compliance with this Franchise. In any such appeal, Franchisee shall be responsible for the costs of preparing and filing the City's administrative record with the Court and such costs shall be paid prior to the City's filing thereof. C. In the event that the City elects to impose monetary penalties upon the Franchisee for failure to comply with the material provisions of this Franchise, said penalties shall be assessed at five hundred ($500.00) per day, per violation, for each day beyond thirty (30) days that Franchisee has been in violation. 13 Packet Pg. 103 4.3.a D. Monetary penalties may be assessed retroactive to the date that notification was provided to Franchisee in such cases where Franchisee has been non -responsive in correcting the violation or in the case of flagrant violations. If payment of any penalty is delinquent by three (3) months or more, the City may: (1) require partial or total forfeiture of any performance bond or other surety posted by Franchisee; (2) terminate this Franchise; and/or (3) commence a civil action in a court of competent jurisdiction to collect said penalty. E. Franchisee shall not be deemed to be in default, failure, violation, or non- compliance with any provision of this Franchise where performance was rendered impossible due to materially, substantially, and reasonably to an act of God, fire, flood, storm, or other element or casualty, theft, war, disaster, strike, lock -out, boycott, prevailing war or war preparation, or bona fide legal proceedings, beyond the control of Franchisee. Section 22. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Franchise, including any valid ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the locations, elevation, manner or construction and maintenance of any Facilities by the Franchisee, and the Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to violate other requirements of the law. Section 23. Survival. All of the provisions, conditions, and requirements of this Franchise shall be in addition to any and all other obligations and liabilities the Franchisee may have to the City at common law, by statute, or by contract. The provisions, conditions, and requirements of Sections 7, Relocation of Facilities; 8, Undergrounding of Facilities; 10, Work in Public Ways; 11, Restoration after Construction; 13, Dangerous Conditions, Authority for City to Abate; 16, Indemnification and Waiver; 17, Insurance; and 18,Abandonment and Removal of the Franchisee's Facilities, shall survive the expiration or termination of this Franchise, and any renewals or extensions thereof and remain effective until such time as the Franchisee removes its Facilities from the Public Ways, transfers ownership of said Facilities to a third party, or abandons said System in place, all as provided herein. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Franchisee and all privileges, as well as all obligations and liabilities of the Franchisee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Franchisee is named herein. Section 24. Severability. In any section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Franchise. Section 25. Assignment. This agreement may not be assigned or transferred without prior written notice to the City, except that the Franchisee may freely assign this Franchise without notice in whole or part to a parent, subsidiary, or affiliated corporation or as part of any corporate financing, reorganization or refinancing. In the case of transfer or assignment as security by 14 Packet Pg. 104 4.3.a mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. Franchisee may, without the prior written notice to the City: (i) Lease the Facilities, or any portion thereof, to another; (ii) Grant an Indefeasible Right of User Interest in the Facilities, or any portion thereof, to another; or (iii) Offer or provide capacity or bandwidth in its Facilities to another, PROVIDED THAT: Franchisee at all times retains exclusive control over such Facilities and remains responsible for locating, servicing, repairing, relocating or removing its Facilities pursuant to the terms and conditions of this Franchise. Section 26. Notice. Any notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified: CITY: City of Edmonds City Engineer 121 5th Avenue North Edmonds, WA 98020 Telephone: (425) 771-0220 FRANCHISEE: MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES Attn: Franchise Manager 600 Hidden Ridge Mailcode: HQE02G295 Irving, TX 75038NAME with a copy (except for invoices) to: Verizon Business Services 1320 N. Courthouse Road, Suite 900 Arlington, VA, USA 22201 Attn: Vice President and Deputy General Counsel, Network and Technology Notice shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the United States Mail in the case of regular mail, or the next day in the case of overnight delivery. Section 27. Entire Franchise. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon approval and 15 Packet Pg. 105 4.3.a acceptance of this Franchise. Provided further, that the City and Franchisee reserve all rights they may have under law to the maximum extent possible and neither the City nor Franchisee shall be deemed to have waived any rights they may now have or may acquire in the future by entering into this Franchise. Section 28. Attorney's Fees. If any suit or other action is instituted in connection with any controversy arising under this Franchise, the prevailing party shall be entitled to recover all of its costs and expenses including such sum as the court may judge reasonable for attorney's fees, including fees upon appeal of any judgment or ruling. Section 29. Non -waiver. Failure of the City to declare any such breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the City shall have the right to declare any such breach or default at any time. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. Section 30. Governing Law/Venue. This Franchise shall be governed by and construed in accordance with the laws of the state of Washington. The venue and jurisdiction over any dispute related to this Franchise shall be with the Snohomish County Superior Court, or, with respect to any federal question, with the United States District Court for the Western District of Washington, at Seattle. Section 31. Acceptance. Within 60 days after the passage and approval of this ordinance, this Franchise shall be accepted by Franchisee by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Franchisee to so accept this Franchise within said period of time shall be deemed a rejection thereof, and the rights and privileges herein granted shall, after the expiration of the 60 day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 32. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect 5 days after the passage and publication of an approved summary thereof consisting of the title. CITY OF EDMONDS MAYOR, DAVE EARLING ATTEST/AUTHENTICATED: 16 Packet Pg. 106 4.3.a CITY CLERK SCOTT PASSEY 17 U c O N �L r N m O ti O N r C d E t V 2 a+ a Packet Pg. 107 4.3.a APPROVED AS TO FROM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 00 Packet Pg. 108 4.3.a SUMMARY ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2017, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES, A DELAWARE CORPORATION, A NON-EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON, ALONG, AND ACROSS THE PUBLIC RIGHTS -OF -WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of October, 2017. City Clerk, Scott Passey 19 Packet Pg. 109 4.3.b Proposed Fiber Deployment City of Edmonds October 17, 2017 verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. Packet Pg. 110 4.3.b City of Edmonds Fiber Route: SCALE AND SCOPE Picnic Point -North { Lynnwood Meadowdale - Beach Park ii This is NOT a final map, but offers a view after the High - Level Design. Some routes may change as permit applications are submitted. ,:ark Woodway k Esperance Gostto Whole r � _ Alder _ tI Lynnwood Transit Center IC o Mount kV qLTerra r v T verizonJ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 111 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.3.b Four Points to be Made Tonight: 1. This is an INFRASTRUCTURE Project 2. Services Perspective 3. Status of the Project 4. Nature of the Agreement verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 112 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.3.b Four Points to be Made Tonight: 1. This is an INFRASTRUCTURE Project • A robust wireline telecommunications network consisting primarily of fiber-optic cable to serve Verizon Wireless, and business and government customers. • Network will be built in compliance with Edmonds' undergrounding requirements (ECDC 18.05). 2: Services Perspective 3: Status of the Project 4: Nature of the Agreement verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 113 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.3.b Four Points to be Made Tonight: 1. This is an INFRASTRUCTURE Project 2. Services Perspective • Provide fiber-optic connection to cell sites to improve capacity and speed of cell sites. • Provide competitive exchange service, internet access, and data transport to business and government customers. • Provide opportunities for conduit and dark fiber leasing to other carriers. 3: Status of the Project 4: Nature of the Agreement verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 114 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.3.b Four Points to be Made Tonight: 1. This is an INFRASTRUCTURE Project 2. Services Perspective 3. Status of the Project • High -Level Design completed on November 11, 2016. • Anticipate starting to file permit applications within 60-days of franchise being effective. • Physical Construction set to start in 1 Q of 2018 4. Nature of the Agreement verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 115 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.3.b Four Points to be Made Tonight: 1. This is an INFRASTRUCTURE Project 2. Services Perspective 3. Status of the Project 4. Nature of the Agreement • Franchise Agreement to Allow Verizon to use Public Right -of -Way • Term of Franchise: 5 years • Places bonding and insurance burdens on Verizon. verizon✓ Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 116 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.3.b ti r 0 I Thank you. G E W 4- 0 L LL C O N �L C d E t V a Q verizonv' Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or Packet P 117 distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. g 4.4 City Council Agenda Item Meeting Date: 10/24/2017 Final Acceptance of the Phase I CIPP Sewer Rehabilitation Project (Insituform Technologies) Staff Lead: Rob English Department: Engineering Preparer: Katie MacCaul Background/History On April 5, 2016, City Council awarded a contract to Insituform Technologies in the amount of $1,029,965.72 for the Project, with a $102,990 management reserve. Staff Recommendation Forward the item to the consent agenda for approval at the November 6, 2017 City Council meeting. Narrative The project involved rehabilitation of several sewer segments throughout the City by cured -in - place pipe (CIPP) lining method. The work area originally included 21 sewer segments totaling approximately 6,461 feet of 8" and 15" diameter gravity sewer. During the course of the contract, approximately 500 lineal feet of sewer main in Highway 99 was degraded to the point that the CIPP method was judged unsuitable for the task. This section was removed from the work and later awarded under a separate contract to Shoreline Construction on February 21, 2017. Construction funds for that project were taken from the deleted work of this CIPP project. Two change orders for $5,604 and $55,113.26 were written against the CIPP project. The City Council was notified of the larger change in accordance with policy. A reconciliation change order in the amount of-$382,577.80 was written for project closeout. The final construction amount paid to Insituform Technologies was $708,155.39. That amount, taken with the $114,432.47 paid to Shoreline Construction for their phase of the work, was 20% under the original contract amount. Packet Pg. 118 5.1 City Council Agenda Item Meeting Date: 10/24/2017 Introduction of New Regional Fire Authority (RFA) Chief (5 min.) Staff Lead: Kevin Zweber Department: Fire Services Preparer: Scott Passey Background/History Voters approved the creation and funding of the South Snohomish County Fire and Rescue (SSCFR) Regional Fire Authority (RFA). The new SSCFR consolidates and standardizes resources and provide sustainable and stable funding for fire and emergency medical services. Staff Recommendation N/A. For information only. Narrative Bruce Stedman, the Chief of the new RFA, will be introduced. Packet Pg. 119 5.2 City Council Agenda Item Meeting Date: 10/24/2017 2018 Budget Presentations (75 Minutes) Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Department Budget Presentations Staff Recommendation N/A Narrative Mayor submitted his recommended 2018 Budget to the Council on October 10th. Departments present their budget requests for Council review and consideration of the Budget and possible amendments that will result in an adopted 2018 Edmonds City Budget. The 2018 Proposed Budget is available online at: http://www.edmondswa.gov/images/COE/Government/Departments/Administrative_Services/Finance/ Budget/2018/2018_P roposed_Budget. pdf The 2018 Budget Presentations are scheduled as follows: October 24th: Public Works Utilities, Street, Public Works Administration, Facilities Maintenance, Equipment Rental and Engineering. November 6th: 1. Economic Development; 2. Development Services; 3. Parks; 4. Human Resources; 4. City Attorney and 5. Municipal Court. November 14th: 1. Police Department; 2. City Clerk; 3. Mayor's Office, Council; 4. Finance & Information Services and 5. Non -departmental. November 14th: Revenue Sources. November 14th: Public Hearing on Preliminary 2018 Budget and Public Comment. November 14th: Public Hearing on Property Tax Resolution and Ordinance Adoption and Public Comment. Packet Pg. 120 5.2 November 21st: 2018 Budget Council Discussion and Deliberation. November 21st: Public Hearing and Potential Adoption of the 2018 Budget and Public Comment. November 28th: 2018 Budget Review and Adoption of the 2018 Budget (if necessary). December 5th: 2018 Budget Review and Adoption of the 2018 Budget (if necessary). Attachments: Public Works 2018 Budget Presentation Council Packet Packet Pg. 121 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 122 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a c aD E U fC w Q Packet Pg. 123 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u 3 a c aD E U R Q Packet Pg. 124 2017 Accom Stormwater lishments • C/B's serviced 2,117 of 6,702 • M/H's serviced 451 of 1,491 • Total structures serviced 2,568 of 8,193 (31%) • 41 new structures (MH & CB) • 15342 ft. of new storm pipe • 1,060 lane feet of pavement overlay on City streets • Completed the 90% design of the Dayton St. Pump Station • Completed the 60% design of the utility improvements on Dayton 3rd to 9th • Continue preliminary design for the Willow Creek Daylight Project • Completed the 90% design of the Seaview Park Infiltration Facility Water • 79140 ft of water main replacement and 1 PRV • 11,600 ft linear of pavement overlay on City streets 0 New Water Comprehensive Plan complete by year-end 2017 Accomplishments Sewer 0 27500 ft. of sewer main replacement 27640 ft. of pavement overlay on City streets Clarifier #3 floor repair at the WWTP construction continues into 2018 Completed installation of new screw presses ($1.9 M) Completed SCADA system upgrades at WWTP On -going study of LS-1 (Sunset Ave.) will be completed in 2018 Combined Completed the 4th year of a six -year rate adjustment package (2014-2019) to achieve debt independence for pipe installs and rehabs 2018 Utility Projects & Issues • Aging infrastructure for all utilities • 2nd year of the 2nd three-year rate adjustment package for rate funded pipe replacement • Lake Ballinger Sewer Trunk Main Study (3rd qtr. 2018) • 45040 ft. replaced water lines, 4 PRVs, 1,700 ft. replaced sewer lines, 3,500 ft. CIPP • 5-Corners Reservoir re-coating/re- plumbing, roof repair ($3.2M +/-) • Biosolids Incinerator nearing end -of - life at WWTP — 2018 study of alternatives ($250k) • Continued software conversion to newer asset management systems 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 128 Decision Packages / Changes Water Utility Fund 421 Operations - decreased $4,683 due to technology service rate changes LiN - $22)110 for the grant and project accounting specialist - decreased $82,570 due to the annual debt service adjustment, includes interfund transfers DP13 - $3,460 due to equipment rental rate changes DP32 - $60,225 for an assistant engineer Decision Packages / Changes Water Utility Fund 421 Operations DP34 - added $21,721 for an engineering technician II -III ur/6 - decreased $17,690 for the utility overhead allocation change DP77 - added $346,285 for water fund budget increase DP78 - added $15,000 for water meter reading handheld upgrade DP79 - added $70,000 for water division sample stands DP80 - added $15,000 for water division billing and meter analysis Decision Packages / Changes Water Utility Fund 421 Capital Improvement Program - th th DP38 $39k 76 Ave/212 St Intersection Improvements DP47 - 70k Dayton 3rd Ave to 9th Ave $ y .� DP81 - 52k 2017 Waterline Project ` DP82 — $2M 2018 Waterline Project DP83 - $250k 2018 Waterline Overlays `z DP84 - $299k 2019 Waterline Project DP85 - $2.2M Five Corners Reservoir Recoating Project DP86 - $4k Water System Plan Update 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 132 Decision Packages / Changes Storm Utility Fund 422 Operations - decreased $7,253 for technology service rate changes uN - $12,010 for the grant and project accounting specialist - decreased $125,860 due to the annual debt service adjustment, includes interfund transfers DP13 - decreased $6,950 due to equipment rental rate changes DP32 - $30,113 for an assistant engineer Decision Packages / Changes Operations D P3,J - $21, 721 technician II -III Storm Utility Fund 422 for an engineering ur/6 - $13,770 due to the utility overhead allocation change DP87 - $100,000 for the Lorian Woods Study DP88 - $6,000 for NPDES Phase II Permit Compliance DP89 - $2,000 for Rain Garden Maintenance DP124 - $315,000 for a stormwater video truck purchase Decision Packages / Changes Storm Utility Fund 422 Capital Improvement Program DP46 — $70k 238t" Ave Walkway (SR104- Hwy 99) DP47 - $70k Dayton 3rd Ave to 9t" Ave DP81 - $3k 2017 Waterline Keplacement DP90 — $970k Dayton stormwater Pump Station DP91 - $75k Willow Creek Daylight DP92 - $438k Northstream Culvert Repair DP93 - $919k Seaview Infiltration System DP94 - $2k 12th Ave and Sierra Hi Decision Packages / Changes Storm Utility Fund 422 Capital Improvement Program DP95 - $250k Citywide Drainage Replacement Projects DP96 - $66k Lake Ballinger DP97 - $5k Stormwater Comprehensive Plan Update 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 137 Decision Packages / Changes Sewer Utility Fund 423 Operations - added $13,379 for technology service rate changes uN - added $37,860 for the grant and project accounting specialist - increased $182,040 due to the annual debt service adjustment, includes interfund transfers DP13 - decreased $9,220 due to equipment rental rate changes DP32 - added $30,113 for an assistant engineer DP34 - added $21,721 for an engineering technician II -III Decision Packages / Changes Sewer Utility Fund 423 Operations DP7`' - $109,140 for the utility overhead allocation change DP98 - $35,000 line item increases (excise tax & TV truck mtce.) DP99 - $10,000 for sewer division portable jetter DP100 - $14,220 for wastewater maintenance management software D P 101 - $15, 000 for wastewater polymer supplies increase DP123 - net effect of zero - explains the WWTP expenditure changes Decision Packages / Changes Sewer Utility Fund 423 Capital Improvement: DP38 - $18k 76th Ave/212th St Intersection Improvements Project DP47 - $70k Dayton Td Ave to 9t" Ave DP102 - $10k 2017 Sanitary Sewer Replacement DP103 - $1.63M 2018 Sanitary Sewer Replacement DP104 - $200k 2018 Sanitary Sewer Overlays DP105 - $729k Citywide CIPP Rehabilitation Phase 2 DP106 - $37k Lift Station 1 Metering and Flow Study Decision Packages / Changes Sewer Utility Fund 423 Capital Improvement Program DP107 - $109k Lake Ballinger Sewer Trunk Study DP108 - $379k WWTP Phase 6 Energy Design DP109 - $113k WWTP Chemical Piping Replacement DP110 - $75k WWTP Chemical Containment Coating DP111 - $151k WWTP Concrete Repairs DP112 - $197k WWTP Raw Sewage Pump Repair DP113 - $295k 2019 Sanitary Sewer Replacement 5.2.a y c O R c O N d L a r a� a� m 00 0 N r O V R a U c O U c O m c m L a r aD a� m 00 0 N N L 2O 7 _V 3 a c aD E U R Q Packet Pg. 142 Public Works Roads (Fund III and 112) � RIM 91� 2017 Accomplishments ■ 174 Asphalt repairs — 5,750 sq.ft. ■ Pavement Preservation — 6.8 lane miles ($1.2M REET + utility funding) ■ 76th/212th Intersection Improvements and corridor striping ($8.3M) 65% complete — 95% by year-end ■ Bike 2 Health Improvements ($805,000) ■ Completed 236th St. walkway, storm system, and paving ($961,000) 2017 Accomplishments ■ Trackside (Wayside) Warning Horn System completed early 2018 ($300,000) ■ Began preliminary engineering on the Edmonds Waterfront Connector ($985,000) ■ Completed a new -technology pavement rating study ($45,000) LRFPC 10/18 ■ Citywide ADA Transition Plan ($96,000) LRFPC 10/18 ■ Began the SR99 Revitalization / Gateway Project ($1.3M) ■ Design completed on 238t" St. Walkway (SR104-Hwy 99); 2017 bids were too high, will re -bid in early 2018 ($713,000) Challenges/Opportunities 201 Public Works Roads r_ ■ Pavement Preservation - $1)5001000 new money for 2018 — 8.0 lane miles + + 1 lane mile from utilities - Total lane miles — more will be needed ■ Need to continue replacing/upgrading signal cabinets - $70,000/year ■ Discuss additional TBD Authorities for paving, ADA compliance, and sidewalk improvements :3 AI Decision Packages / Changes Public Works Roads DP8 - $14k - grant and project accounting specialist DP36 - $55k 76th Ave/220th St Intersection Improvements DP66 - $300k 2018 Pavement Preservation Program DP37 - $96k 84th Ave Overlay (220th St — 212th St) DP38 - $296k 76th /212th St Intersection Improvements DP39 - $440k Hwy 99 Revitalization/Gateway Project DP40 - $170k Sunset Ave Walkway DP41 - $7k 236th St. SW Walkway DP42 - $6k Bike2Health DP43 - $785k Edmonds St. Waterfront Connector DP44 - $159k Citywide Pedestrian Crossing Enhancements — grant funded DP45 - $27k Dayton 3rd to 9th DP43 - $300k 238th St. Walkway (SR104 to Hwy 99) 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a c E U R Q Packet Pg. 148 Administration, Engineering, Facilities (AEF) 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 150 5.2.a Public Works Admin-Istrafir Change % Change Change Change 2016 2017 2017 2018 18-17 18-17 18-17 18-17 Description Actual Budget Estimate Budget Budget Budget Estimate Estimate Salaries 261,802 270,330 273,430 279,248 9,918 3 a 5,818 2% Overtime - 200 200 200 - Oda - 0% Benefits 80,717 83,880 88,520 92.055 8,175 10% 3,535 4% Supplies 4,719 9,600 9,600 8, 00 (1,000) -10% (1,000) -10% Minor Equipment 108 1,000 1,000 1,OQ0 0% - 0% Professional 5ervices 87 200 200 200 0% - 0 Ccinmunicativns 696 1,350 1,350 1,350 0% - 0% Travel 828 500 500 500 0% - 0 Rental/Lease 1,078 2,400 2,400 2,400 - 0% - 0% Interfund Rental 5,242 91,590 91,590 119.795 28,205 31% 28,205 31% Public Utility 2,479 2,800 2,800 2,800 0% - 0 Repair/Maintenance - 1,000 1,000 1,000 - 0% - 0% Miscellaneous 454 5,900 5,900 4,900 (1,000) -17% (1,000) -17% 358,210 470,750 478,490 514,048 43,298 9% 35,558 7% Packet Pg. 151 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 152 Decision Packages / Changes Engineering DP1 — $21 k PW Technology Services Rate Changes DP13 — $250 Equipment Rental Rate DP30 — $5k ORCA Card program DP31 — $2k for Commute Trip Reduction Program MIL Decision Packages / Changes Engineering DP32 — $120k for Assistant Engineer (no vehicle) Salary = $78,400 Benefits = $315350 Other = $105700 All paid by Utility Capital Program from consultant savings DP33 — for Parks Capital Projects Manager (now $127k) Salary = $825300 Benefits = $327900 (40%) VehiGI e G e s+ - %%355nnn 11 -st Phone/Misc. _ $55200 All paid by capital program revenues Saving future consultant expenses Decision Packages / Changes Engineering DP34 — $108k for Engineering Technician Salary = $74,200 Benefits = $2900 Other = $4,725 All paid by Utilities and permit fees (60/40 split) Workload based — Current staffing inadequate to maintain the City Is stated goals for timely issuance of building permits for private development. Getting permits out on -time makes customers happy and accelerates the receipt of permit revenue Decision Packages / Changes Capital Project Fund 125 (REET 2) DP8 - $6k Senior Accountant DP64 - $50k ADA curb ramp program DP65 - $100k Minor Sidewalk Program DP66 - $550k 2018 Pavement Preservation Program Decision Packages / Changes Capital Project Fund 126 (REET 1) DP? - $5k Senior Accountant DP33 - $162k Capital Projects Mgr. DP66 - $650k 2018 Pavement Preservation Program DP67 - $5k Vonversion to protected -permissive left turn DP68 - $20k Traffic Calming Program DP69 - $125k 89t" PI Retaining Wall Decision Packages / Changes Capital Project Fund 126 DP70 - $260k 238t" St. Walkway (SR104 to Hwy 99) DP71 - $75k Parking and Safety Improvements on Sunset Ave DP37 - $24k 84t" Ave Overlay DP72 - $5k 2017 Pavement Preservation Program DP73 - $42k 220t" St. Adaptive Signal 2017 Accomplishments AEF (Engineering) 4 Engineering Reviews (YTD September) ■ 350 Engineering permits were issued for right-of-way construction, sewer , installation, street use and _ encroachments. - ■ 1,900 inspections were performed by the Engineering Division ■ $153,000 collected in traffic impact fees ■ Permits were issued and inspections performed for numerous large development projects: Madrona Elementary, Magic Toyota, Brackett IS Corner, Point Edwards Bldg 10, Post Office Ph II, Hyde Park Townhomes and 16 subdivisions. ■ Permits were issued for 50 single family residential projects. ■ Permits were issued for over 200 additions/remodels & miscellaneous projects. 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 160 2017 Facilities Accomplishments AE F - Facilities ■ FAC Electrical Service repair ■ FAC Rm 124 Hard Flooring ■ FAC Boiler Controls and ATS system ■ Museum skylight replacement ■ OPW outdoor container storage ■ City Hall First floor window repairs ■ City Hall HVAC recommissioning ■ City wide window seal replacements ■ Public Safety HVAC recommissioning Challenges/Opportunities Facilities ■ The McKinstry Facilities Condition Report provides detailed expenditure needs for City buildings ■ Needed expenditures are significantly above currently available funds ■ Report will be presented to Long Range Financial Planning Committee Tomorrow night Decision Packages / Changes AEF - Facilities ■ DP13 - $3,950 added for ERR rate change ■ DP28 - $530,000 for capital renewal projects ■ DP29 - $10,000 for professional services increase 5.2.a Packet Pg. 164 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 165 2017 Accomplishments Fleet -Equipment Rental — ■ Purchased, equipped, and commissioned (8) new vehicles for Police. ($378K) ■ (2) New flatbed trucks for the Street Department. ($106K) ■ (1) New bucket truck for the Street Department (arriving in November) ($132K) ■ (4) New flatbed trucks for the Parks Department ($200K) ■ (1) Riding mower and (1) Gator for the Parks Department ($42K) ■ Tota, - $858, 006 2017 Accomplishments N Fleet -Equipment Rental eon ■ Converted (5) more work trucks to propane ($35K) ■ Converted (10) Explorers to propane, (replacing previously converted Crown Victoria's) ($64K) ■ Managed the replacement of the Public Works site generator and new automatic transfer switch ($115K) ■ Continued the conversion to the Police Ford Explorer platform ( 10 in service) Decision Packages / Changes AEF - Fleet ■ DP11' - decreased $5,570 due to equipment rental rate changes ■ DP114 - added $37,000 for a switch-N- Go System on Unit #100 cab chassis ■ DIP 115 - added $3,500 for a 1 Oft boat and motor ■ DP116 - added $30,000 for the 2018 propane truck conversions ■ DP117 - decreased $26,200 for the operations budget ■ DP118 - added $596,000 for the capital purchases in the replacement fund Decision Packages / Changes Fleet Vehicle Replacements: 2001 Chevrolet S-10 —Building Div. ($32k) 2002 Ford F-450 Utility Box — Sewer Div. ($73k) 1997 Isuzu/EZ-liner Paint Striper — Street ($260k) 2003 F-450 Flatbed — Street ($60k) 2004 Chevrolet 2500 Pick up — Parks ($38k) - 2002 Dodge 3500 Flatbed — Parks ($53k) 1985 30KW Generator — Sewer ($42k) 2006 Chevrolet Impala — Police ($33k) (1) Police Radio ($5k) 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 170 5.2.a N C O C d N d L a m a� m 00 0 N r O V O a u c O U c O �a c m m L a m a� m 00 0 N N L O u a r c m E U Q Packet Pg. 171 5.3 City Council Agenda Item Meeting Date: 10/24/2017 Presentation of the ADA Transition Plan (30min) Staff Lead: Rob English Department: Engineering Preparer: Katie MacCaul Background/History On October 4, 2016, Council approved the Professional Services Agreement with MIG for the ADA Transition Plan. On October 10, 2017, the Parks, Planning and Public Works Committee reviewed this item. Staff Recommendation Approve the ADA Transition Plan. Narrative As a recipient of federal funds, the City is required to follow federal requirements related to the Americans with Disabilities Act (ADA). One of the requirements is to have a Transition Plan. A Transition Plan was completed back in the 1990's and MIG recently completed a new Plan, complying with all ADA requirements. The document addresses the legal requirements related to ADA compliance that the City has to meet on public facilities and within their programs. All 72 miles of public sidewalks and 23 traffic signals were evaluated and all the physical obstacles limiting their accessibility by people with disabilities were identified. Priority charts are identified in the Plan, showing the order in which upgrades to ADA curb ramps, pedestrian access routes, and pedestrian activated signals (APS) should take place based on location / type of existing barrier. These priorities can be modified to allow flexibility to accommodate for specific citizen requests, changes in City programs, and funding opportunities. The plan proposes a 15-year strategy for removing the various barriers with a proposed schedule and funding strategy. An ADA Coordinator within the City has been identified, whose responsibility is to implement this Plan. A Committee (consisting of 5 residents with various disabilities) was involved in the development and review of this plan. The draft document was made available for public review in September and only minor comments were received. Attachment Transition Plan Attachments: Final Transition Plan Packet Pg. 172 5.3.a 4 CITY OF EDMONDS ADA SELF -EVALUATION & TRANSITION PLAN FOR THE RIGHT-OF-WAY PUBLIC REVIEW DRAFT Packet Pg. 173 5.3.a July 28, 2017 Prepared by: © m MIG, Inc. 815 SW 2nd Avenue, Suite 200 Portland, Oregon 97204 503.297.1005 www.migcom.com Packet Pg. 174 5.3.a r Q Packet Pg. 175 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Acknowledgements Many individuals were involved with the development of the ADA Transition Plan. City Leadership Dave Earling, Mayor Kristiana Johnson, City Council Position #1 Mike Nelson, City Council Position #2 Adrienne Fraley-Monillas, City Council Position #3 Diane Buckshnis, City Council Position #4 Dave Teitzel, City Council Position #5 Thomas Mesaros, City Council Position #6 Neil Tibbott, City Council Position #7 Department Staff Phil Williams, Public Works & Utilities Director Robert English, City Engineer Bertrand Hauss, Transportation Engineer/ADA Coordinator Alix Rackleff, Senior Construction Inspector David Rohde, GIs Analyst ADA Stakeholder Advisory Committee George Basioli Kaelyn Drummond Gene Gorden Linda Hood Maggie Mittelstaedt r Q Acknowledgements I Page i Packet Pg. 176 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a This page intentionally left blank. Public Review Draft — 7.28.2017 1 Page ii Packet Pg. 177 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way -able of Contents Acknowledgements........................................................................................................................................ i Introduction..................................................................................................................................................1 1.0 Legal Requirements................................................................................................................................3 1.1 Legislative Mandate......................................................................................................................3 1.2 Discrimination and Accessibility...................................................................................................3 1.3 Undue Burden...............................................................................................................................4 1.4 Safe Harbor Provisions..................................................................................................................4 1.5 Construction Tolerances............................................................................................................... 5 1.6 Maximum Extent Feasible.............................................................................................................6 1.7 ADA Self -Evaluation and Transition Plan Requirements...............................................................7 1.8 Public Involvement........................................................................................................................8 2.0 Self -Evaluation of Policies, Procedures, and Program Accessibility.......................................................9 2.1 Introduction..................................................................................................................................9 2.2 Programmatic Modifications........................................................................................................9 2.3 Self -Evaluation Findings and Recommended Actions...................................................................9 2.4 Policy and Program Review.........................................................................................................19 2.5 PROW City Standard Details.......................................................................................................23 3.0 ADA Transition Plan..............................................................................................................................25 3.1 Facility Evaluation Process..........................................................................................................25 3.2 Public Rights -of -Way Prioritization.............................................................................................25 3.3 Priorities for Barrier Removal.....................................................................................................26 3.4 Phasing Schedule........................................................................................................................33 3.5 Roadway Alterations and Maintenance: Triggers for Curb Ramp Barrier Removal ...................45 3.6 Strategies for Funding Barrier Removal......................................................................................45 4.0 ADA Policy and Complaint Procedure...................................................................................................47 4.1 Notice Under the Americans with Disabilities Act......................................................................47 4.2 City of Edmonds ADA Grievance Procedure under the ADA......................................................48 5.0 Definitions.............................................................................................................................................49 5.1 Auxiliary Aids and Services................................................................................................................49 5.2 Complaint..........................................................................................................................................49 5.3 Disability............................................................................................................................................49 5.4 Discrimination on the Basis of Disability...........................................................................................49 Q Table of Contents Page iii Packet Pg. 178 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.5 Having a Record of Impairment........................................................................................................50 5.6 Physical or Mental Impairments.......................................................................................................50 5.7 Qualified Individual with a Disability................................................................................................50 5.8 Reasonable Program Modifications..................................................................................................50 5.9 Regarded as Having a Disability........................................................................................................51 5.10 Substantial Limitations on Major Life Activities..............................................................................51 5.11 Undue Burden.................................................................................................................................51 6.0 Program Accessibility Guidelines, Standards and Resources................................................................53 6.1 Introduction................................................................................................................................53 6.2 Federal Accessibility Standards and Regulations........................................................................53 6.3 State of Washington Accessibility Standards and Regulations...................................................56 6.4 Resources....................................................................................................................................57 r Q Public Review Draft — 7.28.2017 1 Page iv Packet Pg. 179 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Introduction An ADA Self -Evaluation & Transition Plan is a document that outlines how jurisdictions transition toward compliance with the Americans with Disabilities Act (ADA). This ADA Title II Self -Evaluation &Transition Plan for the Right -of -Way is being prepared to partially fulfill the requirements set forth in Title II of the ADA. The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. This plan will assist the City of Edmonds to identify policy, program, and physical barriers to accessibility, and to develop barrier removal solutions that will facilitate the opportunity of access to all individuals within the City's public right-of-way. The document is organized as follows: Chapter 1— Legal Requirements: The legal requirements of the ADA Title II are summarized for all types c 2 a of public facilities and programs. o Chapter 2 — Self -Evaluation of Policies, Procedures, and Programs: The findings and recommendations contained in the self -evaluation of policies, procedures, and programs serves as a basis for the implementation of specific improvements for providing access to Public Works programs as required by o the ADA. Q Chapter 3 — ADA Transition Plan: The transition plan phasing schedule included in this chapter is m z 4- intended to provide a framework for the continuous improvement of public right-of-way facilities for 0 r_ people with disabilities. Chapter 4 — ADA Policy and Complaint Procedure: This chapter provides the City's notice under the y Americans with Disabilities Act, specifies the ADA grievance procedure and identifies the City's ADA a Coordinator. .. Chapter 5 — Definitions: Provides a summary of terms used within the ADA and their definitions. Chapter 6 — Program Accessibility Guidelines, Standards and Resources: Provides a set of resources for the City to utilize in providing programs to the public under Title II of the ADA. The document has been organized so that the City can easily update the plan to create a comprehensive ADA Self -Evaluation and Transition Plan with information pertaining to all City departments and to include the City's buildings and park facilities. Introduction Pagel Packet Pg. 180 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a This page intentionally left blank. Public Review Draft — 7.28.2017 1 Page 2 Packet Pg. 181 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 1.0 Legal Requirements. 1.1 Legislative Mandate The American with Disabilities Act (ADA) is a comprehensive civil rights law for persons with disabilities in both employment and the provision of goods and services. The ADA states that its purpose is to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The development of a Transition Plan is a requirement of the federal regulations implementing the Rehabilitation Act of 1973, which requires that all organizations receiving federal funds make their a programs available without discrimination toward people with disabilities. The Act, which has become 0 known as the "civil rights act" of persons with disabilities, states that: N No otherwise qualified handicapped individual in the United States shall, solely by reason c of handicap, be excluded from the participation in, be denied the benefits of, or be Q 0 subjected to discrimination under any program or activity receiving federal financial a assistance. (Section 504) m 0 Subsequent to the enactment of the Rehabilitation Act, Congress passed the Americans with Disabilities a 0 Act on July 26, 1990. Title II of the ADA covers programs, activities, and services of public entities. The Department of Justice's Title II regulation adopts the general prohibitions of discrimination established under Section 504 and incorporates specific prohibitions of discrimination for the ADA. Specifically, the L City may not, either directly or through contractual arrangements, do any of the following': a- • Deny persons with disabilities the opportunity to participate as members of advisory boards and commissions. • Deny persons with disabilities the opportunity to participate in services, programs, or activities that are not separate or different from those offered others, even if the City offers permissibly separate or different activities • In determining the location of facilities, make selections that have the effect of excluding or discriminating against persons with disabilities. 1.2 Discrimination and Accessibility This section provides an overview of physical and programmatic accessibility and the basic methods of providing access. There are two kinds of accessibility: • Program accessibility; and • Physical accessibility Absence of discrimination requires that both types of accessibility be provided. Program accessibility includes physical accessibility, but also entails all the policies, practices, and procedures that permit people with disabilities to participate in programs and to access important information. Physical 1 Department of Justice, Title II Regulations Subpart B § 35.130 1.0 Legal Requirements Page 3 Packet Pg. 182 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way accessibility requires that a facility be barrier -free. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility. Program accessibility requires that individuals with disabilities be provided an equally effective opportunity to participate in or benefit from a public entity's programs and services. Program accessibility may be achieved by either structural or non-structural methods. Non- structural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries, and provision of services at alternate sites. Programs offered by the City to the public must be accessible. Accessibility includes advertisement, orientation, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids, transportation, policies, and communication. The City may achieve program accessibility by a number of methods: c • Structural methods such as altering an existing facility; a • Acquisition or redesign of equipment; c g • Assignment of aides; and N c • Providing services at alternate accessible sites. It is required that when choosing a method of providing program access, the City will give priority to the a a one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities. In compliance with the requirements of the ADA, the City must 4- provide equality of opportunity. 0 1.3 Undue Burden The City is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity, would create a hazardous condition resulting in a L a direct threat to the participant or others, or would represent an undue financial and administrative burden. a The determination that an undue burden would result must be based on an evaluation of all resources available for use in the City. For example, if a barrier removal action is judged unduly burdensome, the City must consider other options for providing access to the benefits and services of the program or activity by individuals with disabilities. 1.4 Safe Harbor Provisions The 2010 ADA regulations introduced the concept of "safe harbor", which allows facilities built prior to March 15, 2012 that comply with the 1991 ADA Standards to remain as -is until the structural feature is altered. For example, the 1991 Standards allowed a 54-inch maximum for a side reach range, and the 2010 Standard lowered the side reach range to 48-inch maximum. Items positioned at the 54-inch height would fall under safe harbor if built before March 15th 20122 until the time of an alteration. 2 § 35.150 Existing facilities (b)(2)(i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101-19.6 (July 1, 2002 ed.), 49 FIR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards. Public Review Draft — 7.28.2017 1 Page 4 Packet Pg. 183 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a This safe harbor is not a blanket exemption for facilities. If a public entity undertakes an alteration to a primary function area, only the required elements of a path of travel to that area that already comply with the 1991 Standards are subject to the safe harbor. If a public entity undertakes an alteration to a primary function area and the required elements of a path of travel to the altered area do not comply with the 1991 Standards, then the public entity must bring those elements into compliance with the 2010 Standards3. In addition to the exceptions, Title II Regulations specify structural elements not previously included in the 1991 ADA Standards that do not fall under the safe harbor provision: § 35.150(b)(2)(ii) The safe harbor provided in § 35.150(b)(2)(i) does not apply to those elements in existing facilities that are subject to supplemental requirements (i.e., elements for which there are neither technical nor scoping specifications in the 1991 Standards). Elements in the 2010 Standards not eligible for the element -by -element safe harbor are identified as follows — (A) Residential facilities dwelling units, sections 233 and 809. (8) Amusement rides, sections 234 and 1002; 206.2.9, 216.12. (C) Recreational boating facilities, sections 235 and 1003; 206.2.10. (D) Exercise machines and equipment, sections 236 and 1004; 206.2.13. (E) Fishing piers and platforms, sections 237 and 1005; 206.2.14. (F) Golf facilities, sections 238 and 1006; 206.2.15. (G) Miniature golf facilities, sections 239 and 1007; 206.2.16. (H) Play areas, sections 240 and 1008; 206.2.17. (1) Saunas and steam rooms, sections 241 and 612. (J) Swimming pools, wading pools, and spas, sections 242 and 1009. (K) Shooting facilities with firing positions, sections 243 and 1010. (L) Miscellaneous. (1) Team or player seating, section 221.2.1.4. (2) Accessible route to bowling lanes, section. 206.2.11. (3) Accessible route in court sports facilities, section 206.2.12. 1.5 Construction Tolerances The ADA Standards reflect the need for small variations between the standards and the resulting constructed feature. All dimensions are subject to conventional industry tolerances except where the requirement is stated as a range with specific minimum and maximum end points. Application of conventional industry tolerances must be on a case -by -case, project -by -project basis. Predetermined guidelines for construction tolerances could unnecessarily encourage contractors and others to deviate from the access regulations and may wrongfully be viewed by some to have the effect of law. Conventional building industry tolerances include those for field conditions and those that may be a necessary consequence of a particular manufacturing process. Recognized tolerances are not intended to apply to design work. The barrier data collected in the right-of-way for this Transition Plan do not 3 § 35.151(b)(4)(ii)(C) Path of travel --safe harbor 1.0 Legal Requirements Page 5 Packet Pg. 184 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a reflect the application of construction tolerances. The City will evaluate the application of construction tolerances on a case by case basis when alterations or barrier remediation actions are undertaken. 1.6 Maximum Extent Feasible In an alteration or new construction project, the City must incorporate the ADA Accessibility standards to the maximum extent feasible 4. As part of the Plan's implementation the City Engineer should document all design exceptions: When pre-ADA streets or sidewalks are altered, there may be space limitations that restrict how much they can be altered to install accessible curb ramps. In these cases, the curb ramps installed must meet the accessibility requirements of the ADA to the maximum extent feasible. Scoping requirements in the ADA Standards establish limitations for the running slope of the ramp run of curb ramps installed during alterations to pre-ADA streets and walkways5. The Civil Rights Division recognizes that there will be very rare instances when it will be technically infeasible for a curb ramp installed during alterations to pre-ADA roadways and walkways to be constructed in full and strict compliance with the requirements of ADA Standards § 4.1.6(3)(a) and § 4.7 because of physical or site constraints. In such circumstances, state and local governments must install curb ramps that provide accessibility to the maximum extent feasible 6. Before reaching a conclusion about technical infeasibility, state and local governments need to consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs. The burden of proving technical infeasibility lies with the state or local government that constructed it. When highways, streets, and roads are built or altered post-ADA, they must have curb ramps at certain locations. Curb ramps must be located wherever there are curbs or other barriers to entry from a pedestrian walkway or sidewalk, including any intersection where it is legal for a pedestrian to cross the street, whether or not there is any designated crosswalk. Curb ramps must also be located wherever there are curbs or other barriers to entry at any designated pedestrian crosswalks that are located mid -block. Likewise, when sidewalks or walkways are built or altered post- ADA, they must include curb ramps or other sloped areas wherever they intersect with highways, streets, or roads and pedestrians may legally cross the vehicular way as well as at public transportation stops. By contrast, for pre-ADA highways, streets, roads, and sidewalks that have not been altered, state and local governments may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb. However, they are not necessarily required to do so. Under a more flexible standard called "program 4 Title II Regulations 28 CFR §35.151(b) S ADA Standards § 4.1.6(3)(a). 6 ADA Standards § 4.1.6(1)(j). Public Review Draft — 7.28.2017 1 Page 6 Packet Pg. 185 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a access," alternative routes to buildings may be acceptable where people with disabilities must travel only a marginally longer route than the general public'. 1.7 ADA Self -Evaluation and Transition Plan Requirements The ADA Self -Evaluation and Transition Plan (SETP) is intended to provide a framework for the continuous improvement of the City programs and facilities for people with disabilities. This plan addresses the facilities within the public right-of-way: curb ramps, pedestrian signals, and pedestrian access routes. The SETP is intended to be a living document that is regularly updated as programs and services change, and as barriers are removed, and new facilities come under ownership or control of the City. Programs, activities, and services offered by the City of Edmonds to the public must be accessible for people with and without disabilities. Accessibility applies to all aspects of a programs or services provided by the City, including: • accessible/adaptive equipment; • special events on public properties; • customer service; • televised and audiovisual public • emergency evacuation procedures; information; • facilities; • tours and trips; • notice requirements; • training and staffing; • printed information; • transportation services; • program eligibility and admission; • use of consultants for delivering program • public meetings; services; and • public telephones and communication • website. devices; The ADA Self -Evaluation for programmatic access identifies and makes recommendations to correct those policies and practices in the above -mentioned programs and services that are inconsistent with Title II requirements and result in limitations on access for persons with disabilities. As part of the Self- Evaluation8, the City: • Identifies the City's programs, activities, and services; • Reviews the policies, practices, and procedures that govern the administration of the City's programs, activities, and services; • Provides opportunity for public comment, - Makes the report available to the public; and • Correct any programs, activities, and services that are not consistent with the requirements. For this planning process, a self -evaluation of policies, programs, and procedures citywide has not been conducted, rather a self -evaluation was completed for the division of the Public Works Department focused on the facilities within the right-of-way and is included in Chapter 2 of this document. A Transition Plan is a document that outlines a strategy for the City to progress toward compliance with the Americans with Disabilities Act. The Transition Plan identifies barriers for persons with disabilities and a schedule to remove those barriers over time and must include9: httos://www.ada.eov/Dcatoolkit/char)6toolkit.htm 8 Department of Justice, Title II Regulations Subpart D § 35.105 9 Department of Justice, Title II Regulations Subpart D § 35.150 1.0 Legal Requirements Page 7 Packet Pg. 186 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a • A list of the physical barriers in the City's facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities; • A detailed outline of the methods to be used to remove these barriers and make the facilities accessible; • A schedule for taking the steps necessary to achieve compliance with the ADA, Title II; • Provide opportunity for the public to provide comment on the Transition Plan; and • The name of the individual responsible for the plan's implementation. This Transition Plan is an assessment of the City's right-of-way facilities to determine if there are barriers to City services, programs, and activities for persons with disabilities. The City has identified which City owned and maintained right-of-way facilities have access barriers for persons with disabilities and has developed a schedule for barrier removal to comply with Title II of the ADA. The Transition Plan for these facilities is described in Chapter 3 and is the result of a detailed evaluation of all City of Edmonds right-of-way facilities. 1.8 Public Involvement The ADA requires the involvement of the members of the disabilities community in the development and review of the ADA Self -Evaluation and Transition Plan10. For this planning process the City formed an ADA Stakeholder Advisory Committee that met twice over the course of the plan's development. The first meeting was held on December 16, 2016 where the City presented the work plan, presented criteria for barrier removal priority development, and gathered information on issues experienced within the City's right-of-way. This group met a second time on July 26, 2017 to provide feedback on the Administrative Draft ADA Self -Evaluation & Transition Plan for the Right -of -Way before distribution to the public. The public review draft of the Plan will be made available on the City's website and at highly frequented public facilities, a press release will be issued advertising the public comment period for the Plan. After the public review and comment period this section of the document will be updated and comments will be incorporated into the Plan before the document goes before City Council. 10Department of Justice, Title II Regulations Subpart D § 35.150 (d)(1) Public Review Draft — 7.28.2017 1 Page 8 Packet Pg. 187 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility 2.1 Introduction Programs, activities, and services offered by the City of Edmonds to the public must be accessible for people with and without disabilities. Accessibility applies to all aspects of a program or service, including advertisement, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids, transportation, policies, and communication. This section details the review of current Public Works policies, services, programs, and activities -- as they pertain to the pedestrian access routes within the public right-of-way -- based on City staff responses to the program accessibility questionnaire administered in December 2016 along with a review of the Cit 's policy,program, and program documents. The findings and recommendations L contained in this section will serve as a basis for the implementation of specific improvements for o providing access to City programs as required by the ADA. N c ° 2.2 Programmatic Modifications The ADA Coordinator, or designee, will follow-up with department staff to review the recommendations o contained in this section. Where a policy, program, or procedure creates a barrier to accessibility that is unique to the department or a certain program, the ADA Coordinator, or designee, will coordinate with the department head or program manager to address the removal of the barrier in the most reasonable 4- ° c and accommodating manner in accordance with applicable law. ° c� 2.3 Self -Evaluation Findings and Recommended Actions y This section is organized into categories based on the requirements of Title II of the ADA. a Accessible/Adaptive Equipment • Customer Service • Notice Requirements • Printed Information • Televised and Audiovisual Public Information • Website • Public Telephones and Communication Devices • Training and Staffing • Program Eligibility and Admission • Public Meetings • Transportation Services • Tours and Trips • Use of Consultants for Delivering Program Services • Emergency Evacuation Procedures • Facilities • Special Events on Public Properties Actions are listed as required or recommended based on the Americans with Disabilities Act. Some actions are always required, such as not charging a fee for providing accommodation for a disability, while other actions are only required when requested, such as providing alternative formats such as large print agendas. In many cases, the City has many alternatives in selecting methods for providing accessible programs, activities, and services. Accessibility/Adaptive Equipment Adaptive aids are devices, controls, appliances, or items that make it possible for persons with disabilities to improve their ability to function independently and participate in programs, services, and activities offered by the City. For example, a pen, note pad and clip board provided to a person with a 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility Page 9 Packet Pg. 188 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way hearing or speech impairment to write notes on or accessible electronic equipment such as an accessible computer station are considered adaptive equipment. Required or Recommended Actions: 1. It is required to provide and maintain in working order accessible equipment for people with disabilities when the public is allowed or required to use equipment such as computers, copy machines, telephones, or other technologies. 2. It is recommended to collaborate with community organizations that serve people with disabilities to develop and maintain a current resource list of assistive technology equipment and sources. 3. It is recommended to establish and maintain a "Resources Toolkit" of adaptive aids and human resources that should be available for use by individuals participating in City programs. Include c R information about the availability of specific equipment and/or individuals who are available to a r_ provide special services (e.g., ASL translation) in public information materials such as brochures and the City's website. 4. It is recommended to include accessibility as a criterion for purchasing. Whenever possible, evaluate furniture and building material purchases for compatibility with a wide range of o disabilities and sensitivities. Select items that are easily adjustable or can be modified to a accommodate a variety of physical and ergonomic needs when purchasing items such as m furniture, site furnishings, and office systems. Consultation with disability organizations and 4- G persons with disabilities will assist in this task. c 0 c� Customer Service In -person interaction with the public is one of the primary functions of most City departments. N a Required or Recommended Actions: 1. It is required that the City continue the policy of not charging an additional fee to the person requesting accommodation for their disability for program modifications or alternative formats 2. It is required to continue to make appropriate modifications to regular practices to accommodate the needs of individuals with disabilities when providing customer service. 3. To meet this requirement, it is recommended that the City develop criteria for determining reasonable modifications to provide program accessibility, which may include acquisition or redesign of equipment, assignment of aides to persons with disabilities, and provision of services at alternative accessible sites. An approach should include: • Requests for reasonable modification in programs or services should be made to the department responsible for the program or service. • The department offering the program or service should meet with the individual with a disability to identify which aspects of the program limit participation and what modifications can be made. • The department offering the program or service should consult with the relevant program or service staff to determine the reasonable modification. The department offering the program or service may also consult with the City's ADA Coordinator or other resources providing services or information regarding persons with disabilities as appropriate. • The department offering the program or service should document the modification(s) that was offered and the response of the person with the disability to the modification(s) Public Review Draft — 7.28.2017 1 Page 10 Packet Pg. 189 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way offered. This documentation should be filed with the City ADA Coordinator's office. All accessibility requests should be tracked. The ADA requests should be analyzed periodically to look for global issues that can be addressed and problems than can be solved proactively. • If individuals with a disability are not satisfied with the results of this process, they should be directed to the City's ADA Grievance Procedure. 4. It is recommended that the City: • Assess the composition and needs of the population of people with disabilities, and take the necessary steps to improve communication and outreach to increase the effective participation of community members with disabilities in all City programs and activities. • Create partnerships with organizations that provide services to people with disabilities to assist in communicating about accessible City programs. Keep programs up-to-date through increased community involvement and partnerships with organizations that offer services to a persons with disabilities. o • Publicize efforts to increase participation by persons with disabilities, which might include v, activities such as distributing program brochures to members of the disability community. c Notice Requirements o Title II regulations require the City to inform the public of the rights and protections provided by the ADA for access to public programs, services, and activities. It is the obligation of the head of the public z 4- entity to determine the most effective way of providing notice to the public about their rights and the r_ public entity's responsibilities under the ADA. Publishing and publicizing the ADA notice is not a one- time requirement. State and local governments should provide the information on an ongoing basis, whenever necessary. If you use the radio, newspaper, television, or mailings, re -publish and re- a� broadcast the notice periodically." a Required or Recommended Actions: 1. It is required that the City include the following or similar notice regarding the City's commitment to providing accessible services. Model Notice Provided by the Department of Justice: In accordance with the requirements of title 11 of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: [name of public entity] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA. Effective Communication: [Name of public entity] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [name of public entity's] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. 11 https://www.ada.gov/pcatooIkit/chap2toolkit.htm 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility I Page 11 Packet Pg. 190 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Modifications to Policies and Procedures: [Name of public entity] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in [name of public entity] offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of [name of public entity], should contact the office of [name and contact information for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of [name of public entity] is not accessible to persons with disabilities should be directed to [name and contact information for ADA Coordinator]. [Name of public entity] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. 2. It is required where the City communicates by telephone it can communicate with a person with hearing impairment using a TTY system or equally effective telecommunications systems such as 711 the Telecommunications Relay Service. 3. It is required that the City ensure effective communication and that interested persons can obtain information as to the existence and location of accessible services activities, and facilities. Some ways to ensure this is by including a statement regarding the availability, upon request, of alternative formats and auxiliary aids is included on announcements for City programs, and applications, including: • A non-discrimination notice in City hard copy and web publications that provides general information about City services, programs, or activities similar to the following: The City of Edmonds does not discriminate on the basis of disability in the admissions or access to its programs or activities. An ADA Coordinator has been designated to coordinate compliance with the non-discrimination requirements contained in the Department of Justice regulations implementing Subtitle A of Title 11 of the Americans with Disabilities Act (42 U.S.C. 12131-12134), which prohibits discrimination on the basis on disability by public agencies. Bertrand Hauss, ADA Coordinator 121 5th Ave N, Edmonds, WA 98020 425-771-0220 1 bertrand.hauss@edmondswa.gov Public Review Draft — 7.28.2017 1 Page 12 Packet Pg. 191 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way • The City's text telephone (TTY) number and/or Telecommunications Relay Service information, and the phone number and email address of the person who can provide assistance in meeting special needs; and • A notice that requests for alternative formats or auxiliary aids is required with 48-hour notice. 4. It is recommended that the City increase outreach to persons with disabilities and the organizations that serve them. The City should inform the public of the possible modifications that can be provided to make services, programs, and activities accessible. Printed Information To meet the ADA's communication standards, City departments must be able to provide information, when requested, in alternative formats such as using easy -to -understand language, Braille, large -print a format, audiotape or CD, computer disk, or other formats as requested. o Required or Recommended Actions: 1. It is required that the City provide alternative formats to printed information, when requested (for example, enlarged print format for persons with visual disabilities or in simple language for o persons with cognitive disabilities). a 2. It is required that the City address all requests for other alternative formats or lengthy W documents on an individual basis. o 3. It is required that any additional costs for alternative forms of communication are not assigned o to the person with a disability requesting the alternative format. 4. It is required to provide programmatic changes (e.g., staff assistance), upon request to assist in N filling out forms or when alternative formats are unavailable or infeasible. L a 5. It is recommended to include the following notice on materials printed by the City that are made available to the public: This publication can be made available in alternative formats, such as large print, Braille, or electronic format. Requests can be made by calling the ADA Coordinator at (425) 771-0220 (Voice) or by using the 711 Telecommunications Relay Service. Please allow 48 hours for your request to be processed. 6. It is recommended that the City provide instruction to each department on how to produce printed information in alternative formats for persons with various disabilities to ensure that requests are handled in a uniform and consistent manner. 7. It is recommended that when photos are part of a brochure or publication, photos of persons with disabilities are included Televised and Audiovisual Public Information Televised and audiovisual information is a means for disseminating public information through presentations produced by City departments. All televised and audiovisual information must be accessible to persons with disabilities. As more and more communication is being done remotely via the rapidly changing internet, it will be increasingly important that all communication tools maintain accessibility as technology changes. 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility I Page 13 Packet Pg. 192 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Required or Recommended Actions: 1. It is required that the City provide, when requested, alternatives to audio presentations for City programs and for audiovisual presentations produced by the City (including videos, films, and City Council, and Planning and Transportation Commission meetings) in order to ensure that persons with hearing impairments can benefit from these presentations. Closed captioning is not required. 2. It is recommended that when presenting PowerPoint or other visual presentations that the presenter read the slides and describe the graphics. This will allow people who are blind or visually impaired to receive the information being presented. 3. It is recommended that when photos are part of an audio-visual presentation, images of persons with disabilities are included. Website - City and Department Websites As people turn to the Internet as their primary source of information regarding services, programs, activities, and facilities, the City's website www.edmondswa.gov/transportation-text/ada-transition- plan.html takes on increased importance as a communications tool. Providing public access to City publications online is an effective means of reaching persons with disabilities. New accessibility standards for electronic and information technology covered by Section 508 of the Rehabilitation Act Amendments of 1998 have set forth the technical and functional performance criteria necessary for such technology to be accessible. Required or Recommended Actions: 1. It is recommended that the City's website is accessible to people with disabilities, including those with visual impairment. 2. It is recommended that the City publish the Policy of Non -Discrimination, including on the Basis of Disability, on the City's website. 3. It is recommended that the City: • Increase outreach to persons with disabilities by having the website include more information about the City's commitment to providing accessible services. • Continually improve the accessibility of web pages through the use of web accessibility analysis to meet and/or exceed Section 508 of the Rehabilitation Act guidelines for accessibility of electronic information. Acquire the technological resources necessary to create accessible PDF and graphics files as described in ADA standards for electronic and information technology. • Assign one department the authority to provide standards and oversight for outside vendors who create pages and for departments who post their own documents. This will support consistent and accessible web pages. Monitor web pages for continued compliance with accessible web page standards. • Provide training to City staff members in creating accessible PDF and other electronic files for posting on City or departmental websites. • Use services that help web page authors provide an accessible website by identifying and repairing barriers to access for individuals with disabilities. Public Review Draft — 7.28.2017 1 Page 14 Packet Pg. 193 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Public Telephones and Communication Devices Even with the proliferation of cell phones, text and instant messaging, there is still a requirement for the provision of alternative communication technologies such as teletypewriters (TTY), telecommunication display devices (TDDs), or relay services for conducting communications with the public. Required or Recommended Actions: 1. It is required that staff members are able to use TTY equipment or other means of communicating over the telephone with a person with a hearing or speech impairment, such as the Telecommunications Relay Service (TRS) — 711, or are able to direct member of the public to knowledgeable staff. 2. It is required that publications that list phone numbers also include information on how people with hearing and/or speech impairment can communicate with departments by phone. 3. It is recommended that City staff become familiar with Video Remote Interpreting Services (VRI) for communicating with people with hearing and/or speech impairment. There are many situations where a live interpreter is required, such as in medical situations, but RVI is a convenient, flexible, lower -cost alternative to live interpreters. Training and Staffing As a part of the City's on -going staff development and training, the incorporation of disabilities awareness, standards, and resources is encouraged for all staff interfacing with the public or who maintain the facilities used by the public. Required or Recommended Actions: 1. It is required that City staff is knowledgeable in providing accessible services, programs and activities for the public and that accessible facilities are maintained in working order 2. It is recommended that the City: • Provide all City staff members with on -going awareness and sensitivity training. • Provide training to City staff members who have contact with the public about how to provide modifications and use assistive devices to make their programs, activities, and services accessible. Ensure that customer service training includes information about communicating with and providing modifications for persons with a variety of disabilities. Include program -specific adaptations, assistive devices, and modifications in each department's accessibility policy manual. • Develop a comprehensive disability access training program. Educate all City staff about their responsibilities under the ADA. The City's ADA Coordinator and department supervisors should be responsible for ensuring that staff members receive training. Reference materials that address special modifications should be included in this training. • Develop standard guidelines for training materials. These guidelines should include standard language that appropriately describes the City's policy on inclusion and non-discrimination, and staff members should receive training in using the guidelines effectively. • Consider offering training to employees who wish to learn basic American Sign Language (ASL) communication skills for staff who have contact with the public and depending on operational needs. This training should emphasize basic communication skills and should not be viewed as a substitute for utilizing qualified ASL interpreters when requested. 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility I Page 15 Packet Pg. 194 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a • Train Maintenance Services staff with respect to accessibility compliance and building codes to maintain facilities in an accessible condition. • Provide City staff members with training in general building evacuation procedures for assisting persons with hearing, speech, visual, mobility, and learning disabilities in an emergency. • Designate one manager in each department to serve as the department's Disability Access Liaison. The Liaison will be required to complete a training program and attend periodic retraining regarding accessibility issues. Program Eligibility and Admission The public must be able to access all programs, service, and activities, regardless of disability. Admission criteria, ability to complete forms and participation in interviews must be available to all members of the public by providing reasonable accommodations. Required or Recommended Actions: 1. It is required that individuals with disabilities are not excluded from regular programs or are required to accept special services or benefits. 2. It is required to include individuals with disabilities in regular programs to the maximum extent possible. 3. It is required that the City modify standard policies, practices, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of the program, result in an undue financial or administrative burden, or create a hazardous situation for the participant or others. 4. It is required that when specific policies that would exclude or limit the participation of persons with disabilities are necessary for the safe operation of programs, those requirements are based on real risks, not on speculation, stereotypes, or generalizations. 5. It is recommended that a non-discrimination statement is included on application or registration forms. 6. When interviews are required for program participation, it is required that the meetings are held in an accessible location and that alternative formats or auxiliary aids are provided upon request. Public Meetings Public meetings are a regularly occurring activity for public agencies. The main objective of any public meeting is to impart and solicit information on public issues of importance to the local government. Where these meetings are held are an important consideration in meeting the requirements of the ADA. Required or Recommended Actions: 1. It is required that public meetings are held in accessible facilities in order to accommodate the participation of people with mobility disabilities. An accessible location includes, but is not limited to, the following: wheelchair accessible path -of -travel to the meeting room, accessible restrooms, accessible parking, an accessible route from transit and parking to the meeting facility, temperature control, signage, and the ability to provide access to fresh air for persons with chemical sensitivities Public Review Draft — 7.28.2017 1 Page 16 Packet Pg. 195 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 2. It is required to provide agendas and other meeting materials in alternative formats, when requested. 3. It is required to provide flexibility in the time limit on speaking for individuals with communication difficulties. 4. It is required to have assistive listening devices available for public meetings. 5. It is recommended to display a notice on meeting agendas indicating the availability of accessibility modifications. 6. It is recommended to prepare a list of accessible meeting spaces to facilitate the scheduling of meetings and/or the relocation of meetings upon request. 7. It is recommended to move disability -related agenda items to the beginning of agendas when possible. Some people with disabilities are unable to stay late at meeting because they use para- 2 transit, or have fixed schedules, and/or need to use personal care attendants. R a 8. It is recommended for the City to maintain a list of on -call American Sign Language interpreters o who may be brought to meetings to assist individuals with hearing impairments. 9. It is recommended to provide instruction to City staff on the types of modification requests that i may be made by persons with different types of disabilities including auxiliary aids such as ~ a different types of assistive listening systems, sign language interpreters, readers, descriptive o a services, and other assistive technologies like "real-time captioning." Provide guidance in the layout of the room, sign -in table and refreshments table, to ensure that these features are - accessible. a 10. Consider assigning a staff member to be a greeter at public meetings and events. Identify the staff member as a resource for persons who may require assistance. N d Transportation Services a Many public agencies provide public transportation services. The public accommodation standards for these services are set forth by the Federal Transit Administration." a Required or Recommended Actions: 1. None. The City does not provide this service. Tours and Trips As part of some public agency programs tours and trips are involved that require transportation services, which are subject to ADA Title II Regulations. Required or Recommended Actions: It is required that the City modifies tours and trips, when requested, to enable people with mobility, visual, speech, hearing and cognitive disabilities to participate. Tour or trip registration materials must enable a person who may need accessibility accommodation to communicate the requested modification. Provide information to participants in advance of a tour or trip regarding the destination, transportation, and other characteristics of the event so that informed requests for accommodations can be made. 2. It is recommended that the City evaluate the destination of the tour or trip and the means of transportation in order to determine its accessibility and any accommodations or modifications 12 Title 49, Subtitle A, Part 38 - Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles. 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility I Page 17 Packet Pg. 196 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way that may be required. If a tour route or a portion of a route is not accessible, the City will continue the practice of rerouting the tour or providing alternate accommodation (e.g., photographs, close -captioned videos, etc.) that will allow the tour to be experienced if requested. Use of Consultants for Delivering Program Services Many public agencies rely on the use of consultants for the delivery of services. These consultants are considered an extension of the City's services and are required to adhere to the same ADA regulations as the City. Required or Recommended Actions: 1. It is required that the City ensure consultants are aware of their obligation to make city programs and activities accessible. a 2. It is recommended the City monitor programs and activities to ensure continued accessibility. c Emergency Evacuation Procedures i Life and safety protocols and procedures are required to include plans for people with disabilities. ~ a Required or Recommended Actions: 0 1. It is required that the City develop guidelines and a plan for the evacuation of persons with disabilities in various types of emergency situations. These plans should: 4- ° c • Address what to do when an alarm is triggered; • Establish meeting places for assistance and evacuation chairs; c� • Provide direction on what to do if assistance is not available; and a� y m L • Establish floor captains. a 2. It is required to train City staff regarding emergency evacuation procedures with periodic drills, both announced and unannounced. 3. It is recommended that the City: • Review existing procedures dealing with emergencies to ensure that persons with disabilities can be alerted and that they can alert emergency service providers. • Work with disability organizations to explore the use of other technologies such as audible exit signs for orientation and direction and vibrating paging systems. • Provide training for public safety personnel to enable them to communicate in basic American Sign Language in the event that there is an emergency condition and the area is being evacuated. For example, this training would be provided to police, firefighters, lifeguards, and building inspectors involved in post -disaster emergencies. • Take the necessary steps to ensure that emergency teams are aware of persons with disabilities in their communities who may require special assistance in the event of an emergency. o Provide American Sign Language interpreters at emergency facilities, on an as - needed basis. To accomplish this, form a pool of interpreters as a resource from which to draw upon (see Section 6). o Specific suggestions for evacuation plans and procedures can be found through the US Access Board website at http://www.ada.gov/emergencyprepguide.htmand the Public Review Draft — 7.28.2017 1 Page 18 Packet Pg. 197 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Emergency Procedures for Employees with Disabilities in Office Occupancies document published by FEMA and the US Fire Administration. Facilities The identification of structural barriers in buildings, parks and the public rights -of -way are a required element of a ADA Transition Plan. Required or Recommended Actions: 1. It is recommended that the City provide information about facility accessibility on department publications including the department's website. 2. It is recommended that requests relating to facility access be recorded and monitored. Accessibility requests should be analyzed periodically to look for global issues that can be addressed and problems than can be solved proactively. Special Events on Public Properties When a public agency rents its properties to a third party for special events, the responsibility for maintaining an accessible environment is temporarily deferred to the tenant. Required or Recommended Actions: 1. It is recommended that in situations where private organizations sponsor events in City facilities, the City inform the organizer about applicable ADA requirements. 2. It is recommended that the City provide a checklist and information during the application process to inform organizers of their responsibility for accessibility under the ADA. 2.4 Policy and Program Review The policy and program review was completed in December of 2016. Each policy and program reviewed is listed in the with recommendations for implementing specific improvements for providing access to City programs within the right-of-way as required by the ADA. Table 1: Policy and Program Review Recommendations Policy and Reference '•licy Review/Recommendatio Program General and Use of the word • Use of the word "handicap" is generally to be avoided. Overall "handicap" Recommend use of disabled or person with a disability. throughout City policies Board & Municipal Code • Recommend establishing a Board or Commission for Commission 10.30 Disability People with Disabilities (current Disability Board appears Appointments Board to be a Disability Insurance Board and not related to accessibility issues). • Include people with disabilities or caregivers of people with disabilities as board/commission members. 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility Page 19 Packet Pg. 198 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Policy and Reference Policy Review/Recommendations Program Comprehensive Page 3-66: Non- • ADA is referenced here as the standard for sidewalks and Transportation motorized curb ramps in the right-of-way. Consider referencing Plan System - Existing Proposed Right -of -Way Access Guidelines (PROWAG) for Pedestrian technical standards pertaining to sidewalks and curb Facilities ramps in the right-of-way. Page 3-74: Curb • Prioritization of improvements should be in line with the Ramp Upgrade priority levels assigned by the ADA.28 C.F.R. Program 35.150(d)(2): If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. Curb Ramp No specific policy • Continue maintaining citizen request log. Program in place • Recommend the city create a budget line item for accessibility improvements that would provide a regular funding source for all barrier removal projects, including curb ramps, that arise through citizen request or capital planning. Disabled Parking No specific policy • Formalize practice of installing on -street accessible in place parking spaces. • Refer to PROWAG for recommended frequency and technical standards. • Formalize and make publicly available the process for Citizen Requests of on -street accessible parking spaces. Leaf Removal Standard • Recommend addressing pedestrian zones of sidewalks, Operating street crossings, or other pedestrian zones. Procedures • Recommend providing information as part of the program/project/event notification program. • Recommend exploring a program encouraging property owners to clear leaves from drains, reducing standing water at curb ramps. Public Review Draft — 7.28.2017 1 Page 20 Packet Pg. 199 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Policy and Reference Policy Review/Recommendations Program Municipal Code 5.05.010 Animal • Recommend to add definition of service animal. Control - (https://www.ada.gov/service_animals_2010.htm) Definitions • Recommend amendment to "Covered Animal" definition 5.05.050.A so as to allow for the use of Miniature Horses when Animal Control - defined as a service animal. Running at Large • Recommend amendment to "Covered Animal" language 5.05.060.A to exclude Miniature Horses when defined as a service Animal Control - animal from requirements and limitations imposed on Dogs on Public "Covered Animals" Grounds • Recommend change of language from "seeing eye dog" 5.05.130 Animal to "service animal" Control - Covered • Recommend change of language to allow service animals Animal to be off leash where being on leash would limit or Regulations restrict their specifically trained task. 8.36 Motorized • Where the Motorized Foot Scooter is being used as an Foot Scooters Other Power Driven Mobility Device (OPDMD) by a 8.36.10.D. person with a disability, it is recommended to allow the Prohibited Areas use of the vehicle where pedestrians are permitted. (https://www.ada.gov/opdmd.htm) • Limits may be placed on authorized areas where the use of an OPDMD might pose a risk to public safety or the environment. 18.85 Street • It is recommended to add language providing street Trees trees should be maintained with a minimum of 80 inches of clear space above the sidewalk (ADA 307). Notifications - No specific policy • Continue to post notifications to the City website and Event/Program/ in place Facebook page and in the local newspaper. Project • Recommend formalizing a Notifications Policy to relay messages regarding events, programs, and projects. • Recommend developing a strategy for project/program/event notifications that will inform all planning processes. • Recommend including a strategy that specifically addresses outreach for members of the disability community. 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility I Page 21 Packet Pg. 200 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Policy and Reference Policy Review/Recommendations Program Operations for Standard • No comment Shell Valley Operating Emergency Access Procedures Road Pavement 2012 Draft • It is recommended to prioritize maintenance of Maintenance pavement that is part of a pedestrian access routes Management (crosswalks, intersections). Program • Ensure curb ramps are upgraded and barriers are removed when roadway alterations activities are completed: addition of new layer of asphalt, cape seals, in -place asphalt recycling, microsurfacing and thin -lift overlay, mill and fill/mill and overlay, new construction, open -graded surface course, rehabilitation and reconstruction, and resurfacing of crosswalk. Pedestrian Sign Municipal Code • Continue to require a Street Use Permit for temporary Policy 18.70 Street Use objects in the public right-of-way including sandwich and boards and other pedestrian signs. Encroachment • Recommend to provide design guidelines for pedestrian Permits signs in the right-of-way on pertinent information sheet. Sidewalk Program No specific policy • Recommend the city create a budget line item for (Minor) in place accessibility improvements that would provide a regular funding source for all barrier removal projects, including minor sidewalk repairs, that arise through citizen request or capital planning. • Recommend maintaining citizen request log. Snow and Ice Standard • Recommend including sidewalks, street crossings, or Control Operating other high priority pedestrian zones. Procedures Street Banner 2017 Application • No comment Application Public Review Draft — 7.28.2017 1 Page 22 Packet Pg. 201 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way and Reference Policy Review/Recommendations ProgramPolicy Street No specific policy • Recommend formalizing a Notifications Policy to relay Closures/Work in place messages street closures and work zones. Zones • Continue to post notifications on City website and local newspaper. • Recommend including a strategy that specifically addresses outreach for members of the disability community. 0 Continue to follow MUTCD Traffic Control Standards and refer to PROWAG and WSDOT for recommendations for a temporary accessible routes. o Storm Drainage Standard • Recommend providing method for citizens to report a Operating problem where drainage or street debris is affecting the Procedures usability of pedestrian facilities. o a Vegetation Standard • Complaints are prioritized by the potential for hazards Management Operating created by the site obstruction. Recommend including o Procedures obstructions or reductions of pedestrian facilities in the o Vegetation Management prioritization for barrier removal so they are maintained in an accessible and N usable state for people with disabilities. a 2.5 PROW City Standard Details The City's standard details were reviewed in December of 2016 to ensure compliance with current code The details were also reviewed with operations and maintenance in mind that could potentially affect long-term accessibility such as pavement strength, thickness, tree roots, potential installation of future improvements and other issues that could cause obstructions such as temporary flooding. Codes consulted during the review include the 2011 Proposed Right -of -Way Accessibility Guidelines and Washington State Amended 2015 International Building Code. The complete standard details review is available under separate cover from the City. The City acknowledges that the existing Federal and State technical standards for curb ramps may not meet the needs of all users with disabilities. The City will continually work with community stakeholders to identify alternative designs to issues such as counter slope at the base of a curb ramp and textured surfaces along pedestrian access routes. 2.0 Self -Evaluation: Policies, Procedures, and Program Accessibility Page 23 Packet Pg. 202 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a This page intentionally left blank. Public Review Draft — 7.28.2017 1 Page 24 Packet Pg. 203 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 3.0 ADA Transition Plan Title II of the ADA requires that public entities having responsibility for or authority over facilities, streets, roads, sidewalks, and/or other areas meant for public use to develop a Transition Plan to make their facilities meet the standards for Program Accessibility. Program Accessibility means that a program, activity and/or service are accessible when viewed in its entirety. Simply put, a Transition Plan transitions inaccessible facilities into environments that are accessible to and functional for individuals with disabilities. The ADA addresses accessible public rights -of -way where sidewalks are provided by the City of Edmonds. The ADA does not mandate the installation of sidewalks, but does require curb ramps at intersections where existing sidewalks are provided on the roadway. In 2002, the United States Court of Appeals for the Ninth Circuit, whose jurisdiction includes Washington, held for the first time that sidewalks constitute a service, program or activity of a city, and sidewalks are therefore subject to the ADA's program accessibility regulations 13. Before the Barden decision, the law was unclear whether municipalities' transition plans should address barrier removal from sidewalks. When originally written, the ADA specifically addressed curb ramps, subsequently the Courts have added sidewalks. This Transition Plan addresses facilities in the public right-of-way and includes curb ramps, pedestrian access routes (sidewalks, crosswalks, railroad crossings, and hazards), and pedestrian activated signals that fall within the City's area of responsibility. 3.1 Facility Evaluation Process The evaluation of public right-of-way facilities for this planning process includes curb ramps, pedestrian access routes, and pedestrian activated signals throughout the City's public right-of-way14. Pedestrian access routes include items along the pedestrian path of travel: sidewalks, crosswalks, railroad crossings, and hazards.15 The facilities were evaluated over a four -month period in early 2017 (January through April) using criteria from the 2010 ADA and the 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right -of -Way. Due to the volume of facilities in the public right-of-way managed by the City, a GIS based assessment tool was used to allow for a cost effective and efficient assessment of these facilities. See Appendix A: ADA Data Dictionary for information on the specific attributes collected for each right-of-way facility. 3.2 Public Rights -of -Way Prioritization Prioritization criteria for assigning the barrier removal phasing schedule has been developed. Under Title II Regulation § 35.150(d)(2) the criteria for prioritizing barriers within the public rights -of way are identified. If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, 13 Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002) 14 Accessible on -street parking was addressed as part of the City's 2015 Comprehensive Transportation Plan effort. is Hazards include the following items along the path of travel: overhanging and protruding objects, changes of level, openings that are > %2 inch and/or oriented in the direction of travel, obstacles that narrow the, and driveways with excessive cross slope. 3.0 ADA Transition Plan I Page 25 Packet Pg. 204 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way places of public accommodation, and employers, followed by walkways serving other areas. The City of Edmonds has included the following in the criteria for prioritizing facilities in the public rights -of -way: • Locations serving government offices and public facilities; • Locations serving transportation; • Locations serving commercial districts and employers; and • Locations serving other areas. In addition to the required criteria, the City has prioritized the following: c R • Locations of citizen complaints; and a • Locations serving medical and health facilities. 0 c 3.3 Priorities for Barrier Removal Tables 2, 3, and 4 on the following pages illustrate the prioritization criteria for curb ramp, pedestrian Q 0 access route, and pedestrian activated signal barrier removal projects in the City's public right-of-way. a Each facility evaluated has been assigned a rank based on its barrier priority and category. The priority m assigned is based on the information described in section 3.2 and the barrier category is based on the 0 condition of the facility. The descriptions for each category are provided after each of the tables. 0 c� The highest ranked facilities are shaded in purple, medium ranked in gold, and lower ranked in green. The facilities with no assigned rank have no access deficiencies identified and have no assigned color. N L The columns in the matrix indicate the assigned priority and are in order of importance from left to a right, with the left column having the highest importance. The rows indicate the category of condition o assigned to each facility during the evaluation process, with the top row having the highest importance. a Public Review Draft — 7.28.2017 1 Page 26 Packet Pg. 205 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Table 2: Curb Ramp Priority Matrix for Barrier Removal Projects Curb Ramps ADA 35.150(d) Geospatial Proximity Priorities* A B C D E F Location of Citizen Complaint Location Serving Location Serving Location Location Serving Priorities Priority / Request (ADA Government Medical/Health Serving Commercial Location Serving (Category) Description Title II Program Offices li Public Facility Transportation Districts, Employers Other Areas Access) Facilities 1 See Category 1 Al B1 C1 D1 E1 F1 Description High-------------- ----------------------- ------------------------- ---------------------- -------- 1 2 See Category 2 A2 B2 C2 D2 E2 F2 Description 3 See Category 3 A3 B3 C3 D3 E3 F3 Description Medium-------- ------------------------- ------ 1 4 See Category 4 A4 B4 C4 D4 E4 F4 Description SeeCategory 5 Low-------------- --------------------- ---------------------------- --------- 1 5 Description A5 B5 C5 D5 E5 F5 No 6 deficiencies A6 B6 C6 D6 E6 F6 identified *The priorities listed under columns 8, D, E, and F are specified under Title 1128 CFR Section 35.150 (d) 3.0 ADA Transition Plan I Page 27 Packet Pg. 206 5.3.a Curb Ramp Barrier Description Category 1: • The curb ramp is built-up in the travel lane. • The curb ramp is significantly damaged or deteriorated and is unsafe. • There is a sidewalk with no curb ramp access or there is an obstruction to accessing the curb ramp. Category 2: • The curb ramp has no detectable warning. • The curb ramp has no receiving ramp. • The curb ramp is not located within marked crossings (when present). • A 4 by 4-foot clear space at the bottom of the ramp outside of the travel lane is not provided. Category 3: • Width of ramp is less than 48 inches. • Running slope of ramp exceeds 8.33 percent. • Cross slope of ramp exceeds 2 percent. • Curb ramp has no top turning space. • Counter slope of the curb ramp is greater than five percent. • Surface slopes at grade break are not flush. • The curb ramp has a lip at the bottom. Public Review Draft — 7.28.2017 1 Page 28 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Category 4: • Slope of ramp flared sides (if applicable) exceeds 10 percent. • Top turning space is less than 4 by 4-feet or the slope exceeds two percent. • Perpendicular curb ramp with constrained top turning space is less than 4 by 5-feet. • Parallel curb ramp with constrained top turning space on two or more sides is less than 4 by 5-feet. Category 5: • Diagonal curb ramp design without existing physical constraints • The detectable warning surface is incorrectly placed. • The detectable warning surface is the incorrect size. • The detectable warning surface is not the full width of the ramp Category 6: • No deficiencies identified. • Curb ramp meets the 1991 ADA standards and was built before March 15, 2012 Packet Pg. 207 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Table 3: Pedestrian Access Route Priority Matrix for Barrier Removal Projects Pedestrian ADA 35.150(d) Geospatial Proximity Priorities* Access Routes A B C D E F Location of Location Serving Priorities Priority Citizen Complaint Government Location Serving Location Location Serving Location Serving (Category) Description / Request (ADA Offices & Public Medical/Health Serving Commercial Districts, Other Areas Title II Program Facilities Facility Transportation Employers Access) High-------------- ------------------------ ------------------------- --------------------- ----------------------------- - 1 See Category 1 Al B1 C1 D1 E1 F1 Description 2 See Category 2 A2 B2 C2 D2 E2 F2 Description A3 3 See Category 3 B3 C3 D3 E3 F3 Description Medium---------- ------------------------- ----- 1 4 See Category 4 A4 B4 C4 D4 E4 F4 Description See Category 5 --------------- ------------------------- --------------------- ----------------------------- ---- 5 Description B5 V C5 D5 E5 F5 No 6 deficiencies A6 B6 C6 D6 E6 F6 identified *The priorities listed under columns 8, D, E, and F are specified under Title 1128 CFR Section 35.150 (d) 3.0 ADA Transition Plan I Page 29 Packet Pg. 208 5.3.a Table Pedestrian Access Route Barrier Descriptions Category 1: • No detectable warning at railroad crossing. • The sidewalk width is less than 48 inches, this includes fixed obstacles reducing the width of the pedestrian access route Category 2: • Railroad flangeway gap is greater than 3 inches • The detectable warnings at the railroad crossing are incorrectly placed. • Running slope of crosswalk exceeds 5 percent. Category 3: • The sidewalk has cross slopes that exceed two percent. • The crosswalk cross slope exceeds 2 percent. • The driveway cross slope exceeds 2 percent. Public Review Draft — 7.28.2017 1 Page 30 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Category 4: • The sidewalk has overhanging or protruding objects along its route. • The sidewalk has vertical changes of level that exceed % inch or up to a % inch with a bevel. • The sidewalk has horizontal openings greater than 2 inches wide or opening is parallel to the path of travel. • The sidewalk surface is not firm and slip resistant or surface condition of the sidewalk is poor (cracking/spalding/heaving/other). Category 5: • The sidewalk width is less than 48 inches, due to a movable object reducing the width of the pedestrian access route. • The pedestrian access route does not have pullouts every 200-feet. Category 6: • No deficiencies identified. Packet Pg. 209 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Table 4: Pedestrian Activated Signal Priority Matrix for Barrier Removal Projects Pedestrian ADA 35.150(d) Geospatial Proximity Priorities* Activated Signals A B C D E F Location of Citizen Complaint Location Serving Location Serving Location Serving Priorities Priority / Request (ADA Government Medical/Health Location Serving Commercial Location Serving (Category) Description Title II Program Offices &Public Facility Transportation Districts, Other Areas Access) Facilities Employers Accessible High --------------- ------- I Medium ---- ------ -------- I Low ----------------- ------------ � Pedestrian 1 Activated Al B1 C1 D1 E1 F1 Signal Not Provided 2 See Category 2 A2 B2 C2 D2 E2 F2 Description 3 See Category 3 A3 B3 C3 D3 E3 F3 Description *The priorities listed under columns 8, D, E, and F are specified under Title 1128 CFR Section 35.150 (d) 3.0 ADA Transition Plan I Page 31 Packet Pg. 210 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Pedestrian Activated Signal Barrier Descriptions Category 1: • Accessible pedestrian activated signal is not provided. Category 2: • Level clear space at push button not provided. • Reach to push button from clear space is obstructed. • Operating force of pushbutton exceeds 5 pounds of force. • The pushbutton does not have an informational sign or incorrect signage. • Pushbutton pilot light (if applicable does not activate). • A locator tone is not provided. • A tactile arrow is not provided. • Pushbutton locator tone activates at incorrect time. • Pushbutton locator tone duration and intensity needs adjustment. Category 3: • Pushbutton is locator more than 10-feet from curb, shoulder or pavement. • Pushbutton is farther than 5-feet from the crosswalk line farthest from the intersection (when applicable). • Pushbutton height is not within 42 and 48 inches above the ground. • Pushbutton and arrow are not parallel with the direction of travel. • Distance between 2 pushbuttons on the same corner is less than 10-feet. Public Review Draft — 7.28.2017 1 Page 32 Packet Pg. 211 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 3.4 Phasing Schedule The ADA Title II regulations state that if a transition plan will take more than one year to fully implement, it must contain interim steps to provide program accessibility. This plan proposes a 15-year strategy for removing public right-of-way barriers that limit program accessibility. The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating community requests, petitions for reasonable modifications from persons with disabilities, changes in City programs, and funding opportunities and constraints. The barrier removal strategy for the next 15-years incorporates flexibility in the process and allows the City to respond to new opportunities as they arise. Curb Ramps Table 5, Map 116, and Map 2 on the following pages summarize the assigned barrier removal ranks for the City's curb ramps. • Curb ramps meeting Criterion A: Locations of Citizen Complaints and Requests for ADA Title II Program Access will be evaluated and programmed within one year of the complaint. • Curb ramps ranked high will be addressed within the next one to five years. • Curb ramps ranked medium will be addressed within the next one to 10-years. • Curb ramps ranked low will be addressed within the next one to 15-years. • Curb ramps with no deficiencies will be addressed on an as needed basis. The current schedule includes the removal of 407 high ranked curb ramps in the next one to five years, 940 medium ranked curb ramps in the next one to 10-years, and low ranked curb ramps in the next one to 15-years. The City intends to remove existing barriers in conjunction with on -going street maintenance and capital improvement projects. It is assumed that as curb ramps are evaluated in greater detail as part of future projects and complaints, a percentage of ramps will fall within the "safe harbor" provisions, as described in Section 1.4. These "safe harbor" ramps will help to reduce the deficient ramp inventory. The City will then revise the curb ramp transition plan schedule for the removal of the remaining barriers, update the curb ramp inventory, and revise the transition plan schedule for the removal of remaining barriers on a regular basis. 16 All data represented in the document maps are a snapshot in time of facility ADA barrier status. Maps 1 through 6 data collection was completed in April of 2017. Data collection for Map 7 was completed in the summer of 2016. 3.0 ADA Transition Plan I Page 33 Packet Pg. 212 City of Edmonds - ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Table 5: Curb Ramp Transition Plan Phasing Schedule •.to Percent TotalSchedule High 1 B1 16 0.8% 1-5 years 1 C1 1 0.1% 1-5 years 1 D1 68 3.5% 1-5 years 2 B2 28 1.4% 1-5 years 2 C2 4 0.2% 1-5 years 2 D2 67 3.4% 1-5 years 3 B3 195 10.0% 1-5 years 3 C3 28 1.4% 1-5 years Subtotal 407 20.9% Medium 1 F1 104 5.3% 1-10 years 2 E2 45 2.3% 1-10 years 2 F2 45 2.3% 1-10 years 3 D3 434 22.3% 1-10 years 3 E3 293 15.0% 1-10 years 4 B4 6 0.3% 1-10 years 4 C4 1 0.1% 1-10 years 4 D4 6 0.3% 1-10 years 5 B5 6 0.3% 1-10 years Subtotal 940 48.2% 3 F3 310 15.9% 1-15 years 4 E4 19 1.0% 1-15 years 4 F4 16 0.8% 1-15 years 5 C5 1 0.1% 1-15 years 5 D5 12 0.6% 1-15 years 5 E5 2 0.1% 1-15 years 5 F5 6 0.3% 1-15 years Subtotal 366 18.8% No Deficiencies 6 B6 7 0.4% As Needed 6 C6 6 0.3% As Needed 6 D6 54 2.8% As Needed 6 E6 32 1.6% As Needed 6 F6 18 0.9% As Needed Subtotal 117 6.0% Interim Condition* IC - 120 6.2% As Needed Subtotal 120 6.2% . IT • Ill *Interim condition curb ramps are those locations that will need further review due to temporary status or design that is atypical and may not require the construction of a standard curb ramp. Public Review Draft - 7.28.2017 1 Page 34 Packet Pg. 213 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 1: CURB RAMP - HIGH 5.0 Definitions I Page 35 Packet Pg. 214 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 2: CURB RAMP — MED & IOW Public Review Draft — 7.28.2017 1 Page 36 Packet Pg. 215 5.3.a City of Edmonds - ADA Self -Evaluation & Transition Plan for the Right -of -Way Pedestrian Access Routes Table 6, Table 7, and Maps 3 through 6 on the following pages summarize the assigned barrier removal ranks for the City's pedestrian access routes. • Pedestrian access routes meeting Criterion A: Locations of Citizen Complaints and Requests for ADA Title II Program Access will be evaluated and programmed within one year of the complaint. • Pedestrian access routes ranked high will be addressed within the next one to five years. • Pedestrian access routes ranked medium will be addressed within the next one to 10-years. • Pedestrian access routes ranked low will be addressed within the next one to 15-years. Table 6: Pedestrian Access Route Transition Plan Phasing Schedule Category High 1 B1 125 1.7% 1-5 years 1 C1 32 0.4% 1-5 years 1 D1 436 5.8% 1-5 years 1 E1 141 1.9% 1-5 years 1 F1 371 4.9% 1-5 years 2 B2 45 0.6% 1-5 years 2 C2 2 0.0% 1-5 years 2 D2 210 2.8% 1-5 years 3 B3 296 3.9% 1-5 years 3 0 70 0.9% 1-5 years Subtotal 1,728 22.9% Medium 2 E2 17 0.2% 1-10 years 2 F2 61 0.8% 1-10 years 3 D3 1382 18.3% 1-10 years 3 E3 430 5.7% 1-10 years 4 B4 182 2.4% 1-10 years 4 C4 37 0.5% 1-10 years 4 D4 691 9.2% 1-10 years Subtotal 2,800 37.2% Low 3 F3 1665 22.1% 1-15 years 4 E4 218 2.9% 1-15 years 4 F4 1056 14.0% 1-15 years 5 B5 4 0.1% 1-15 years 5 C5 1 0.0% 1-15 years 5 D5 15 0.2% 1-15 years 5 E5 5 0.1% 1-15 years 5 F5 41 0.5% 1-15 years Subtotal Total for All Projects 3,005 7,533 39.9% 00 5.0 Definitions I Page 37 Packet Pg. 216 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a The current schedule includes 1,728 high ranked projects, 2,800 medium ranked projects, and 3,005 low ranked projects. The projects are a mix of identified barrier types along the pedestrian access routes. Table 7 summarizes the total number of projects by type of pedestrian access barrier. Table 7: Pedestrian Access Route Summary by Type of Barrier Project Type High Sidewalk 545 Barrier Project Medium 501 Low 237 Total 1,283 Crosswalk 327 300 87 714 Railroad Crossing 8 0 0 8 Hazard 848 1,999 2,681 5,528 Total 1,728 2,800 3,005 WMIN Public Review Draft — 7.28.2017 1 Page 38 Packet Pg. 217 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 3: SIDEWALKS 5.0 Definitions I Page 39 Packet Pg. 218 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 4: CROSSWALKS Public Review Draft — 7.28.2017 1 Page 40 Packet Pg. 219 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 5: HAZARDS HIGH 5.0 Definitions I Page 41 Packet Pg. 220 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 6: HAZARDS MED & LOW Public Review Draft — 7.28.2017 1 Page 42 Packet Pg. 221 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Pedestrian Activated Signals Table 8 and Map 7 summarize the assigned barrier removal ranks for the City's pedestrian activated signals. • Pedestrian activated signals meeting Criterion A: Locations of Citizen Complaints and Requests for ADA Title II Program Access will be evaluated and programmed within one year of the complaint. • Pedestrian activated signals ranked high will be addressed within the next one to five years. • Pedestrian activated signals ranked medium will be addressed within the next one to 10-years. • Pedestrian activated signals ranked low will be addressed within the next one to 15-years. This preliminary schedule represents a 15-year target for barrier removal. The schedule includes 36 high ranked pedestrian activated signals in the next one to five years, 60 medium ranked in the next one to 10-years, and 54 lower ranked in the next one to 15-years. The City plans to use the following guidelines for removing pedestrian activated signal barriers: • All new pedestrian activated signals will include an Accessible Pedestrian Signal (APS); • Projects to add pedestrian activated signals to existing signals will include APS; • Projects that significantly modify pedestrian activated signals will include APS; • APS will be scheduled for installation on existing signals when requested by the public; and • APS will be installed on existing signals on a priority ranking basis per the Transition Plan as funding allows. Table 8: Pedestrian Activated Signal Transition Plan Schedule Category High Priority 1 B1 22 13.3% 1-5 years 2 B2 14 8.4% 1-5 years Subtotal 36 21.7% Medium Priority 1 C1 14 8.4% 1-10 years 1 D1 38 22.9% 1-10 years 2 D2 8 4.8% 1-10 years Subtotal 60 36.1% Low Priority 1 E1 32 19.3% 1-15 years 2 E2 14 8.4% 1-15 years 2 F2 8 4.8% 1-15 years Subtotal 54 32.5% No Deficiencies 2 C2 8 4.8% As Needed 2 D2 8 4.8% As Needed Subtotal 16 9.6% Total for All Projects 166 00 5.0 Definitions I Page 43 Packet Pg. 222 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a PLACEHOLDER MAP 7: PEDESTRIAN SIGNALS Public Review Draft — 7.28.2017 1 Page 44 Packet Pg. 223 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 3.5 Roadway Alterations and Maintenance: Triggers for Curb Ramp Barrier Removal The Department of Justice, in coordination with the U.S. Department of Transportation, specifies that public agencies are required to provide curb ramps or upgrade curb ramps whenever roadways are altered. An alteration is a change that affects or could affect the usability of all or part of a building or facility17. Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect18. Maintenance activities on streets, roads, or highways, such as filling potholes, are not alterations19. The following list distinguishes between roadway alterations versus maintenance activities. ALTERATION20 • Addition of new layer of asphalt • Cape seals • In -place asphalt recycling • Microsurfacing and thin -lift overlay MAINTENANCE • Chip seals • Crack filling and sealing • Diamond grinding • Dowel bar retrofit • Fog seals • Joint crack seals • Mill and fill / mill and overlay • New construction • Open -graded surface course • Rehabilitation and reconstruction • Resurfacing of a crosswalk • Joint repairs • Pavement patching • Painting or striping • Scrub sealing • Slurry seals • Spot high -friction treatments • Surface sealing 3.6 Strategies for Funding Barrier Removal Opportunities for funding the removal of access barriers include: • New construction projects; • Roadway alteration projects; • Maintenance and repair projects and programs; • Dedication of a fund for ADA barrier removal; • Require private developers to remove access barriers when development affects facilities within the right-of-way; and • Actively seek out and apply for grant funding specific to removal of access barriers when available. 17 Title II Regulation § 35.151(b)(1) is 2010 ADA Standards, 106.5 19 July 8, 2013 Department of Justice/Department of Transportation Joint Technical Assistance https://www.ada.gov/doo-fhwa-ta.htm 20 December 1, 2015 QUESTIONS & ANSWERS Supplement to the 2013 DOJ/DOT Joint Technical Assistance https://www.ada.gov/doi-fhwa-ta-supplement-2015.html 5.0 Definitions I Page 45 Packet Pg. 224 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a The City currently has in place a pavement management program that schedules out roadway rehabilitation and maintenance. The City plans to review public roadway barriers during the implementation of this Plan, and address those barriers that can be resolved as part of the on -going pavement maintenance and rehabilitation program. As part of the review, the City will revise the Transition Plan schedule for the removal of barriers. The Transition Plan schedule will also be updated as projects for new construction and roadway alterations arise. Upcoming Barrier Removal Projects The City currently has four projects funded that will address ADA barriers identified in this plan. 76th Avenue West and 212`" All construction for this project have been identified as high priority barrier removal projects. • Sidewalk replacement for 250 feet on all approaches. All sidewalks for this project have been identified as high priority 238th Street Southwest from Highway 99 to SR-104 The construction for this project is a mix of high and medium priority barrier removal projects • New sidewalk on north side of 238th Street Southwest (SR-104 to 84th Avenue West) • New curb ramps from Hwy. 99 to SR-104 Dayton Street from 3rd Avenue to 9th Street (to be completed in 2019) The construction for this project is a mix of high and medium priority barrier removal projects • Driveway reconstruction for stretch between 7th Avenue and 8th Avenue (where existing missing sidewalk link / on south side of street) • New curb ramps along entire stretch 84th Ave. W Overlay from 220th to 212th (to be completed in 2019) The construction for this project is a mix of high and medium priority barrier removal projects. • New curb ramps on east side Citywide Pedestrian Crossing Improvements (to be completed in 2019) • SR-104 at 232nd Street Southwest • SR-524 at 84t" Avenue West • SR-524 at 7t" Avenue North or within proximity • 76t" Avenue at 206t" Street Southwest • 229th Place West at 106t" Avenue West • Dayton Street at 2nd Avenue West • Dayton Street at Commercial Drive • Walnut Street between 7t" Avenue South and 9t" Avenue South • Main Street at Olympic Avenue Public Review Draft — 7.28.2017 1 Page 46 Packet Pg. 225 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 4.0 ADA Policy and Complaint Procedure If a public entity has 50 or more employees, it is required to: • Designate at least one responsible employee to coordinate Americans with Disabilities Act (ADA) compliance; and • Develop and publish grievance procedures to provide fair and prompt resolution of complaints under Title II of the ADA at a local level21 The City has a designated ADA Coordinator for coordinating the efforts of the City to comply with Title II and for investigating any complaints that the City has violated Title II of the ADA. The Coordinator also is responsible for coordinating the efforts of the City to comply with all other applicable State and Federal physical and program accessibility requirements. 4.1 Notice Under the Americans with Disabilities Act In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Edmonds will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of Edmonds does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City of Edmonds will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City of Edmonds' programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: The City of Edmonds will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City of Edmonds offices, even where pets are generally prohibited. The City of Edmonds will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. 21 ADA Best Practices Tool Kit for State and Local Governments, http://www.ada.gov/pcatoolkit/chap2toolkit.htm 4.0 ADA Policy and Complaint Procedure I Page 47 Packet Pg. 226 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 4.2 City of Edmonds ADA Grievance Procedure under the ADA This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Edmonds. The City's Personnel Policy governs employment -related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no R later than 60 calendar days after the alleged violation to: a c 0 Mr. Bertrand Hauss ADA Coordinator / Transportation Engineer, bertrand.hauss@edmondswa.gov N Within 15 calendar days after receipt of the complaint, Mr. Bertrand Hauss or his designee will meet c with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of o the meeting, Mr. Bertrand Hauss or his designee will respond in writing, and where appropriate, in a a format accessible to the complainant, such as large print, Braille, or audio tape. The response will m explain the position of the City of Edmonds and offer options for substantive resolution of the o complaint. o c� If the response by Mr. Bertrand Hauss or his designee does not satisfactorily resolve the issue, the a� complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of L the response to Mayor Earling or his designee. a Within 15 calendar days after receipt of the appeal, Mayor Earling or his designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, Mayor Earling or his designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by Mr. Bertrand Hauss or his designee, appeals to Mayor Earling or his designee, and responses from these two offices will be retained by the City of Edmonds for at least three years. Public Review Draft — 7.28.2017 1 Page 48 Packet Pg. 227 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.0 Definitions The following is a summary of many definitions found in the ADA. Please refer to the Americans with Disabilities Act22 for the full text of definitions and explanations23. 5.1 Auxiliary Aids and Services The term auxiliary aids and services include: • Qualified interpreters or other effective methods of making orally delivered materials available to individuals with hearing impairments; • Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; and • Acquisition or modification of equipment or devices; and other similar services and actions. 5.2 Complaint A complaint is a claimed violation of the ADA. 5.3 Disability The term disability means, with respect to an individual: • A physical or mental impairment that substantially limits one or more of the major life activities of such individual; • A record of such impairment; or • Being regarded as having such impairment. 5.4 Discrimination on the Basis of Disability Discrimination on the basis of disability means t024: • Limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because of the person's disability; • Limit, segregate, or classify a participant in a program or activity offered to the public in a way that may adversely affect opportunities or status because of the participant's disability; • Participate in a contract that could subject a qualified citizen with a disability to discrimination; • Use any standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability; • Deny equal benefits because of a disability; • Fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue burden on the organization's operations; • Use selection criteria that exclude otherwise qualified people with disabilities from participating in the programs or activities offered to the public; and 22 ADA.gov United States Department of Justice Civil Rights Division, http://www.ada.gov/ 23 Title II Regulations. 28 C.F.R. § 35.104 Definitions. 24 Title II Regulations. 28 C.F.R. § 35.130 General prohibitions against discrimination. 5.0 Definitions I Page 49 Packet Pg. 228 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a • Fail to use tests, including eligibility tests, in a manner that ensures that the test results accurately reflect the qualified applicant's skills or aptitude to participate in a program or activity. 5.5 Having a Record of Impairment An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment. 5.6 Physical or Mental Impairments Physical or mental impairments may include, but are not limited t025: vision, speech, and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; HIV infection (HIV condition); and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality or bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism; voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. 5.7 Qualified Individual with a Disability A qualified individual with a disability means an individual with a disability who, with or without reasonable modification to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the city. 5.8 Reasonable Program Modifications If the individual's disabilities prevent them from performing the essential functions of the program or activity, it is necessary to determine whether reasonable program modifications would enable an individual to perform the essential functions of the program or activity26. Reasonable program modification is any change in program or activity or in the way things are customarily done that enables an individual with a disability to enjoy equal program opportunities. Accommodation means modifications or adjustments: • To a registration or application process to enable an individual with a disability to be considered for the program or activity; 25 Title II Regulations. Appendix B 28 C.F.R. Test C—Being regarded as having such an impairment. 26 Title II Regulations. 28 C.F.R. § 35.130 General prohibitions against discrimination. Subpart B—General Requirements Public Review Draft — 7.28.2017 1 Page 50 Packet Pg. 229 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way • To the program or activity environment in which the duties of a position are performed so that a person with a disability can perform the essential functions of the program or activity; and • That enables individuals with disabilities to enjoy equally the benefits of the program or activity as other similarly situated individuals without disabilities enjoy. Modification includes making existing facilities and equipment used by individuals readily accessible and usable by individuals with disabilities. Modification applies to: • All decisions and to the application or registration process; • All services provided in connection with the program or activity; and • Known disabilities only. a c 0 Modification is not required if: c • It changes the essential nature of a program or activity of the person with a disability; • It creates a hazardous situation; Q 0 • Adjustments or modifications requested are primarily for the personal benefit of the individual a with a disability; or m • It poses an undue burden on the city. 4- 0 0 0 5.9 Regarded as Having a Disability An individual is disabled if she or he is treated or perceived as having an impairment that substantially y limits major life activities, although no such impairment exists. L a 5.10 Substantial Limitations on Major Life Activities Individuals are disabled if they have a physical or mental impairment that (a) renders them unable to perform a major life activity, or (b) substantially limits the condition, manner, or duration under which ° they can perform a particular major life activity in comparison to other people. c Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In determining whether physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: • The nature and severity of the impairment; • The duration or expected duration of the impairment; and • The permanent or long-term impact (or expected impact) of or resulting from the impairment. 5.11 Undue Burden The City of Edmonds shall not provide an accommodation that imposes an undue burden on the operation of the City's business. Undue burden means significant difficulty or expense incurred in the provision of accommodation. Undue burden includes, but is not limited to, financial difficulty. Undue 5.0 Definitions I Page 51 Packet Pg. 230 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a burden refers to any modification that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature of operation of the business of the city. Whether a particular accommodation will impose an undue hardship is determined on a case -by -case basis. If a particular modification is determined to cause an undue burden to the City of Edmonds, the city shall attempt to identify another modification that would not pose such a burden. If cost causes the undue burden, the city must consider whether funding for modification is available from an outside source. If no such funding is available, the city must give the person with a disability the opportunity to provide the modification or to pay for that portion of the modification that constitutes an undue burden. The following factors shall be considered in determining whether a program modification would create an undue burden: the nature and cost of the modification, the financial resources of the city available to make the modification, the impact the expense of the accommodation will have on the affected city operation, and the permanence of the alterations affecting the site. Public Review Draft — 7.28.2017 1 Page 52 Packet Pg. 231 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 6.0 Program Accessibility Guidelines, Standards and Resources 6.1 Introduction To facilitate access to all City programs and departments, the City will maintain the program accessibility guidelines, standards and resources. The information is available to all employees and volunteers. The City will add to these guidelines when necessary to address its needs and include information and technological devices that help staff members and volunteers communicate with individuals with a variety of disabilities. The City will periodically review the components of this section as new technologies are developed, to ensure that the best types of modifications are included. 6.2 Federal Accessibility Standards and Regulations Below are resources for Federal standards and regulations provided by the U.S. Department of Justice and the U.S. Access Board U.S. Department of Justice The U.S. Department of Justice provides many free ADA materials including the Americans with Disability Act (ADA) text. Printed materials may be ordered by calling the ADA Information Line [(800) 514-0301 (Voice) or (800) 514-0383 (TTY)]. Publications are available in standard print as well as large print, audiotape, Braille and computer disk for people with disabilities. Documents, including the following publications, can also be downloaded from the Department of Justice website. http://www.ada.gov/ ADA Regulation for Title II: This publication describes Title II of the Americans with Disabilities Act, Pub. L. 101-336, which prohibits discrimination on the basis of disability by public entities. Title II of the ADA protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs or activities of all state and local governments. This rule adopts the general prohibitions of discrimination established under section 504, as well as the requirements for making programs accessible to individuals with disabilities and for providing equally effective communications. It also sets forth standards for what constitutes discrimination on the basis of mental or physical disability, provides a definition of disability and of qualified individual with a disability, and establishes a complaint mechanism for resolving allegations of discrimination. http://www.ada.gov/regs2010/titlell 2010/titlell 2010 regulations.htm Title II Technical Assistance Manual (1993) and Yearly Supplements: The 56-page manual explains in lay terms what state and local governments must do to ensure that their services, programs and activities are provided to the public in a nondiscriminatory manner. Many examples are provided for practical guidance. http://www.ada.gov/taman2.html Accessibility of State and Local Government Websites to People with Disabilities: The 5-page publication provides guidance on making state and local government websites accessible. http://www.ada.gov/websites2.htm ADA Information for Law Enforcement: This page contains compliance assistance materials to help state and local law enforcement officers understand how to interact with victims, witnesses, suspects and others who have disabilities. http://www.ada.gov/policeinfo.htm 6.0 Program Accessibility Guidelines, Standards and Resources I Page 53 Packet Pg. 232 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing: Published July 8, 2013 this technical memorandum describes the obligation to provide curb ramps whenever streets, roadways, or highways are altered. https://www.ada.gov/doi-fhwa-ta.htm Glossary of Terms for DOJ/FHWA Joint Technical Assistance on the ADA Title II Requirements to Provide Curb Ramps When Streets Roads or Highways are Altered Through Resurfacing: Published July 8, 2013 this document is a companion to the above listed memorandum. https://www.ada.gov/doi- fhwa-ta-ilossary.pdf QUESTIONS & ANSWERS: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing: Published December 1, 2015, this document responds to frequently asked questions that the Federal Highway Administration (FHWA) has received since the technical assistance document was published. https://www.ada.gov/doi-fhwa-ta-supplement-2015.html Title II: U.S. Department of Justice Publications The Department of Justice has published many technical guidance documents to assist public agencies with understanding their responsibilities under the ADA. Title II Technical Assistance Manual I Supplement: A 56-page manual that explains in lay terms what state and local governments must do to ensure that their services, programs, and activities are provided to the public in a nondiscriminatory manner. (1993) http://www.ada.gov/taman2.htmi The ADA and City Governments: Common Problems I PDF: A 9-page document that contains samples of common problems shared by city governments of all sizes, provides examples of common deficiencies and explains how these problems affect persons with disabilities. (2000) http://www.ada.gov/comprob.htm ADA Guide for Small Towns I PDF: A 21-page guide that presents an informal overview of some basic ADA requirements and provides cost-effective tips on how small towns can comply with the ADA. (2000) http://www.ada.gov/smtown.htm Accessibility of State and Local Government Websites to People with Disabilities I PDF: A 5-page publication providing guidance on making state and local government websites accessible. (2003) http://www.ada.gov/websites2.htm ADA Checklist for Polling Places I PDF: A 39-page checklist used as a self-help survey for voting officials to determine whether a polling place has basic accessible features needed by most voters with disabilities. (2004) http://www.ada.gov/votingchecklist.htm An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities I PDF: An 11-page illustrated publication that provides guidance on preparing for and carrying out emergency response programs in a manner that results in the services being accessible to people with disabilities. (2006) http://www.ada.gov/emergencyprep.htm Public Review Draft — 7.28.2017 1 Page 54 Packet Pg. 233 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Access for 9-1-1 and Telephone Emergency Services I PDF: A 10-page publication explaining the requirements for direct, equal access to 9-1-1 for persons who use teletypewriters (TTYs). (1998) http://www.ada.gov/911ta.htm Commonly Asked Questions About the ADA and Law Enforcement: A 12-page publication providing information for law enforcement agencies in a simple question and answer format. (2006) http://www.ada.gov/q&a law.htm Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers I PDF: An 8-panel pocket guide providing basic information for officers about ADA requirements for communicating effectively with people who are deaf or hard of hearing. (2006) http://www.ada.gov/lawenfcomm.htm R Model Policy for Law Enforcement on Communicating with People Who Are Deaf or Hard of Hearing a c PDF: A 4-page document serving as a model for law enforcement agencies to adopt policies on effective communication with people who are deaf or hard of hearing. Agencies are encouraged to download and adapt the policy to suit their needs. (2006) http://www.ada.gov/1awenfmodpoIicy.htm a Questions and Answers: The ADA and Hiring Police Officers: A 5-page publication providing information a on ADA requirements for interviewing and hiring police officers. z (1997) http://www.ada.gov/copsg7a.htm — c U.S. Access Board Publications The full texts of federal laws and regulations that provide the guidelines for the design of accessible facilities and programs are available from the U.S. Access Board. Single copies of publications are L available free and can be downloaded or ordered by completing a form available on the Access Board's a website. In addition to regular print, publications are available in large print, disk, audiocassette and Braille. http://www.access-board.gov/ a - Communications & IT Access to information and communication technology (ICT) is addressed by Board standards and guidelines issued under Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act. • Section 508 Standards: http://www.access-board.gov/guidelines-and- standards/communications-and-it/about-the-section-508-standards • Refresh of the Section 508 Standards and the Telecommunications Act Guidelines: http://www.access-board.gov/guidelines-and-standards/communications-and- it/a bout-th e-ict-refresh • Telecommunications Act Accessibility Guidelines: http://www.access-board.gov/guidelines-and- standards/communications-and-it/about-the-telecommunications-act-guidelines Buildings & Sites Standards issued under the Americans with Disabilities Act (ADA) address access to buildings and sites nationwide in new construction and alterations. • 2010 ADA Standards for Accessible Design: This document contains scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities under the 6.0 Program Accessibility Guidelines, Standards and Resources I Page 55 Packet Pg. 234 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Americans with Disabilities Act (ADA) of 1990. These scoping and technical requirements are to be applied during the design, construction and alteration of buildings and facilities covered by Titles II and III of the ADA, to the extent required by regulations issued by federal agencies including the Department of Justice and the Department of Transportation. http://www.access- board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/ada- standards Recreation Facilities Access to recreation facilities, including play areas, swimming pools, sports facilities, fishing piers, boating facilities, golf courses and amusement rides, is addressed in the ADA standards. The ABA standards address outdoor developed areas guidelines which currently are applicable to Federal facilities and cover access to trails, picnic sites, camping sites and beach access routes. c R a • Recreation Facilities: http://www.access-board.gov/guidelines-and-standards/recreation- o facilities/about-recreation-facilities • Outdoor Developed Areas: http://www.access-board.gov/guidelines-and-standards/recreation- facilities/outdoor-developed-areas Q 0 Streets and Sidewalks New guidelines in development by the Board cover access to public rights -of -way including sidewalks, 4- intersections, street crossings and on -street parking. The Board is also addressing access to shared use r_ paths providing off -road means of transportation and recreation. • Public Rights -of -Way: http://www.access-board.gov/guidelines-and-standards/streets- y sidewalks/public-rights-of-way L a • Shared Use Paths: http://www.access-board.gov/guidelines-and-standards/streets- sidewalks/shared-use-paths/about-this-rulemaking 6.3 State of Washington Accessibility Standards and Regulations The State of Washington Administrative Code (WAC) Title 51, Chapter 51- 50, http://apps.leg.wa.gov/wac/default.aspx?cite=51-50, adopts the 2015 International Building Code including Appendix E: Supplementary Accessibility Requirements and ICC/ANSI A117.1-2009 as of the writing of this document. https://fortress.wa.gov/ga/apps/sbcc/page.aspx?nid=14 and the Revised Code of Washington (RCW) under Title 70: Public Health and Safety, Chapter 70.92 intends to make buildings and facilities accessible to and usable by individuals with disabilities. Additionally, the Washington Department of Transportation has published an ADA field guide to assist jurisdictions with developing accessible public rights -of - way http://www.wsdot.wa.gov/publications/fulltext/Roadside/ADA Field Guide.pdf Because codes and standards are updated every few years, the City should have an ongoing program of regularly reviewing changes and updating policies and procedures related to accessibility to ensure compliance with current code. Public Review Draft — 7.28.2017 1 Page 56 Packet Pg. 235 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 6.4 Resources Other resources for providing accessible programs and facilities ADA Document Portal: This website provides links to an ADA Collection consisting of more than 7,400 documents on a wide range of topics. The ADA Document Portal is supported by the ten ADA & IT Technical Assistance Centers. https://adata.org/ada-document-portal American Alliance of Museums: Accessible exhibit design publications are available for purchase from AAM's website, including Everyone's Welcome (available in a variety of formats), which addresses museum programs and the ADA, The Accessible Museum, which offers model programs of accessibility for older people and people with disabilities, and What Museum Guides Need to Know to provide access to blind and visually impaired visitors. http://www.aam-us.org R a Disability.gov: The website is a one -stop interagency portal for information on Federal programs, r_ 0 services and resources for people with disabilities, their families, employers, service providers and other N community members. https://www.disability.gov/ i National Center on Accessibility: The Center is a cooperative project between the National Park Service o and Indiana University to provide information and technical assistance, primarily on recreation access. a An example of the research activities of the NCA is the National Trails Surface Study. This study is m primarily the result of questions that NCA receives from organizations, agencies and individuals who 0 desire to make their trails accessible and are interested in an unobtrusive surface that blends, is friendly o to the environment and provides a quality trail experience for people with and without disabilities. NCA also publishes 'What is an Accessible Trail?' which summarizes the Federal guidelines for outdoor y developed areas and is available for downloading from its website. The NCA website also has L a information on campground accessibility, accessible picnic tables, access to beaches and inclusion of people with disabilities in aquatic venues. http://www.ncaonline.org/ National Center on Health, Physical Activity and Disability: The Center provides information and resources on physical activity to help people with disabilities find ways to become more active and healthier. The Center also provides information on how to provide access to fitness centers, schools, recreation facilities, camps and health and leisure services. http://www.nchpad.org/ Smithsonian Institution: The Accessibility Program has developed the Smithsonian Guidelines for Accessible Exhibition Design (1996), which are available for downloading from their website. Further information is available from the Smithsonian Accessibility Program at the Arts and Industries Building, Room 1239 MRC 426, Washington, D.C. 20560 (202) 786-2942. http://www.si.edu/accessibility Resources for Assistive Technologies (General) Assistive technology is a device or service that improves the functional capabilities of individuals with disabilities and promotes independence. • The National Institute on Disability and Rehabilitation Research: This agency of the U.S. Department of Education maintains a national web -based service that provides up-to-date links to assistive technologies and disability -related resources. http://www.abledata.com/ 6.0 Program Accessibility Guidelines, Standards and Resources I Page 57 Packet Pg. 236 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a Alternative Format Communications Resources to produce standardized publications such as applications and registration forms in Braille, audiotape, large -print text and accessible electronic media will be assembled. Information regarding Braille Services and other accommodations for people with visual disabilities is available by contacting: • American Council of the Blind: ACB is a national organization advocating on behalf of persons who are blind or have low vision. ACB also publishes A Guide to Making Documents Accessible to People Who Are Blind or Visually Impaired, which is available online, in regular print, large print, Braille or on cassette tape. ACB is located at 1155 15th St. NW, Suite 1004, Washington, DC 20005 (800) 424-8666. Email info@acb.org or go to http://www.acb.org/ • National Center on Accessibility: NCA publishes 'What are Alternative Formats? How Do They Apply to Programs and Services?' which is available for downloading from their website. http://www.ncaonline.org/ • National Center for Accessible Media: NCAM is a research and development facility dedicated to the issues of media and information technology for people with disabilities in their homes, schools, workplaces and communities. Developers of Web- and CD -ROM -based multimedia need an authoring tool for making their materials accessible to persons with disabilities. NCAM has developed two such tools, version 1.0 and 2.01 of the Media Access Generator (MAGpie), for creating captions and audio descriptions for rich media. MAGpie is available for downloading from NCAM's website. http://ncam.wgbh.org • American Sign Language Interpreters: A pool of on -call American Sign Language interpreters should be developed. This list should be routinely updated to ensure their availability. Some programs may need to have a pool of interpreters who are available on a twenty -four-hour basis to handle emergency procedures. The required qualifications of these interpreters should be established. Many non -certified interpreters provided by local services may have excellent skills and be qualified to handle most circumstances. However, certain circumstances, such as the provision of emergency medical services, may require interpreters who are approved by the courts and can ensure a level of confidentiality. You may want to contact each agency in advance of a need for services to determine their rates so that you are prepared to cover the communication expenses, should the need arise. You should always request RID certified interpreters http://rid.org/. Only in the event that certified interpreters are unavailable should you rely on non -certified interpreters. Individuals who are hard of hearing generally do not use ASL interpreters. Always ask the individual requesting an accommodation what type of accommodation works best for them. Determining what accommodation(s) will be provided is an interactive process. Depending on the situation, accommodating an individual who is hard of hearing may include note writing, use of assistive listening devices and/or provision of Computer Assisted Real -Time (CART) captioning. Public Review Draft — 7.28.2017 1 Page 58 Packet Pg. 237 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way Assistive Listening Systems and Devices Systems and devices to amplify sound for persons with hearing disabilities should be available for public meetings and events. Various technologies exist for these devices. Different types of devices are more suitable for different types of hearing disabilities. Devices should be chosen to accommodate the greatest number of individuals. See the Assistive Listening Systems Technical Bulletins available on the U.S. Access Board's website. http://www.access-board.gov/ • Closed Caption Machine: To the extent practical, City departments should have access to a device for encoding closed captioning on films and videotapes used for training and other programs. • Optical Readers: Equipment that can translate printed information into an audio format should be available to the City programs. c • Text Telephone (TTY): City programs should have access to a text telephone or have access to a a c telephone transfer service as required by the law and offered by public telephone companies. 0 See the Text Telephones Technical Bulletin available on the U.S. Access Board's = 0 website. http://www.access-board.gov/ • TDI: TDI's (formerly known as Telecommunications for the Deaf, Inc.) mission is to promote o equal access in telecommunications and media for people who are deaf, hard of hearing, late deafened or deaf blind. TDI's on-line resources include information about telecommunications access such a TTY, pagers, telephony, VoIP and more. http://tdiforaccess.org/ 4- 0 c • Video Relay Services (VRS): Video Relay Service (VRS) is a form of Telecommunications Relay Service (TRS) that enables persons with hearing disabilities who use American Sign Language to c� communicate with voice telephone users through video equipment, rather than through typed W y m text. Video equipment links the VRS user with a TRS operator — called a "communications a assistant" (CA) — so that the VRS user and the CA can see and communicate with each other in signed conversation. Because the conversation between the VRS user and the CA flows much a - more quickly than with a text -based TRS call, VRS has become a popular form of o TRS. www.fcc.gov/guides/video-relay-services v • Hands on Video Relay Service: (877) 467-4877 for English, or (877) 467-4875 for Spanish c • Sorenson Video Relay: Using a standard telephone, simply call the toll -free number (866)-327- H 8877. Have the contact information of the deaf or hard -of -hearing individual (i.e. name, 0 ii videophone number or IP address) ready. Remain on hold until the call is answered by the next c available interpreter. m E • Sprint VRS: (877)709-5776 or http://www.sprintrelay.com/ U Enlarging Printed Materials A copy machine capable of enlarging printed materials should be available for staff. Guide to Disabilities and Disability Etiquette A guide to disabilities and disability etiquette should be assembled and distributed to staff and volunteers. The guide will ensure that staff and volunteers are familiar with a variety of types of disabilities and sensitive to the abilities and needs of people with disabilities in order not to offend or demean them. The guide should be periodically updated to ensure that it includes current acceptable language for talking about disabilities. 6.0 Program Accessibility Guidelines, Standards and Resources I Page 59 Packet Pg. 238 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a • A Guide to Interacting with People who have Disabilities - Department of Homeland Security. https://www.dhs.gov/sites/default/files/publications/guide-interacting-with-people-who-have- disabilties 09-26-13.pdf Disability Awareness Guide - Tacoma Area Coalition of Individuals with Disabilities https://www.co.pierce.wa.us/DocumentCenter/View/6848 • Disability Etiquette - United Spinal Association https://www.unitedspinal.org/disability- etiquette/#Introduction Other Resources and Organizations Serving People with Disabilities • The Arc: The Arc (formerly Association for Retarded Citizens of the United States) is the country's largest voluntary organization committed to the welfare of all children and adults with mental retardation and their families. http://www.thearc.org • American Association of People with Disabilities: The American Association of People with Disabilities is the largest nonprofit, nonpartisan, cross -disability organization in the United States. http://www.aapd.com/ • American Foundation for the Blind: The American Foundation for the Blind (AFB) is committed to improving accessibility in all aspects of life —from cell phones to ATMs, on web sites and in workplaces. Services include assistance in making products and services accessible to people with visual impairments. AFB offers expert consulting services and accessible media production AFB provides objective product evaluations of adaptive technologies through its assistive technology product database. http://www.afb.org/ • Center on Technology and Disability: Funded by the U.S. Department of Education's Office of Special Education Programs, the Center on Technology and Disability provides a wide range of resources on assistive technology, from introductory fact sheets and training materials to in- depth discussion of best practices and emerging research. http://www.ctdinstitute.org/ • Disability.gov's online resources for High School: Guidelines for Accessing Alternative Format, inclusion materials, educational technology, a comprehensive list including college preparatory materials, transition issues for children with special needs and more. https://www.disability.gov/education • Disability Resources, Inc.: Disability Resources, Inc. is a national nonprofit organization that provides information about resources for independent living. DRI maintains an on-line directory of assistive technology resources. http://www.disabilityresources.org/ • Institute for Human Centered Design: The Institute (formerly known as Adaptive Environments) is a non-profit organization committed to advancing the role of design in expanding opportunity and enhancing experience for people of all ages and abilities. The organization provides education and consultation to public and private entities about strategies, precedents and best practices that go beyond legal requirements for human centered design for places, things, communication and policy that integrate solutions with the reality of human diversity. http://humancentereddesign.org/ • National Association of the Deaf: NAD is a national consumer organization representing people who are deaf and hard of hearing. NAD provides information about standards for American Sign Language Interpreters and the Captioned Media Program on its website. http://www.nad.org/ Public Review Draft — 7.28.2017 1 Page 60 Packet Pg. 239 5.3.a City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way • National Federation of the Blind: NFB is a national organization advocating on behalf of persons who are blind or have low vision. NFB provides on-line resources for technology for the blind, including a technology resource list, a computer resource list, screen access technology, sources of large print software for computers and sources of closed circuit TV (CCTV's). http://www.nfb.org/ • National Organization on Disability: The National Organization on Disability promotes the full and equal participation and contribution of America's 54 million men, women and children with disabilities in all aspects of life. NOD maintains an on-line directory of information and links including transportation -related resources. http://www.nod.org/ • Paralyzed Veterans of America: PVA is a national advocacy organization representing veterans. PVA's Sports and Recreation Program promotes a range of activities for people with disabilities, with special emphasis on activities that enhance lifetime health and fitness. PVA's website provides information on useful sports publications and a list of contacts. http://www.pva.org • United Cerebral Palsy Association: UCP's mission is to advance the independence, productivity and full citizenship of people with cerebral palsy and other disabilities, through a commitment to the principles of independence, inclusion and self-determination. UCP's Sports and Leisure Channel is designed for people with disabilities who are interested in sports and other leisure activities and proposes creative ideas for inclusive community recreation programs, including outdoor adventure activities for people with disabilities. Information about the Sports and Leisure Channel is available on UCP's website. http://www.ucp.org • United Spinal Association: United Spinal Association is a membership organization serving individuals with spinal cord injuries or disease. Formerly known as the Eastern Paralyzed Veterans Association, the organization expanded its mission to serve people with spinal cord injuries or disease regardless of their age, gender or veteran status. Information on accessibility training and consulting services and recreational opportunities for people with spinal cord injuries or disease is available on their website. http://www.unitedspinal.or� • World Institute on Disability: WID is an international public policy center dedicated to carrying out research on disability issues. WID maintains an online information and resource directory on technology, research, universal design and ADA. http://www.wid.org/resources/ 6.0 Program Accessibility Guidelines, Standards and Resources I Page 61 Packet Pg. 240 City of Edmonds — ADA Self -Evaluation & Transition Plan for the Right -of -Way 5.3.a This page intentionally left blank. Public Review Draft — 7.28.2017 1 Page 62 Packet Pg. 241 6.1 City Council Agenda Item Meeting Date: 10/24/2017 Council Committee Reports (10 min.) Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation N/A Narrative This is an opportunity for the Council to report on items discussed in their committee meetings. The committee meeting minutes are attached. Attachments: FC101017 PPP101017 PSP101017 Packet Pg. 242 6.1.a FINANCE COMMITTEE MEETING October 10, 2017 Elected Officials Present Councilmember Diane Buckshnis (Chair) Councilmember Dave Teitzel Council President Tom Mesaros Mayor Dave Earling Staff Present Scott James, Finance Director Dave Turley, Assistant Finance Director Rob Chave, Planning Manager Shane Hope, Development Services Director Brian Tuley, Information Systems Supervisor Jeannie Dines, Recorder The meeting was called to order at 7:25 p.m. in Council Chambers. Permit Software System Professional Services Agreement Mr. Chave relayed after preparing packet, he learned the City would be responsible for travel expenses which increased the cost by $10,000. Mr. Chave responded to committee questions regarding the interview team, permit software used by other cities, and the use of credit cards. Action: Schedule on Consent Agenda, update packet to reflect additional $10,000 cost 2. Public Facilities District (PFD) Bond Refinancing ECA Executive Director Joe Mclalwain and PFD Board Members Patrick Mulva and Marla Miller were also present. Scott Bauer, NW Municipal Advisers, explained he was asked to prepare a presentation regarding the pros and cons of the City versus the PFD refinancing the bonds. He reviewed • Information on the bond market • Summary of current PFD debt and debt service • Comparison of City versus PFD issued bonds Scenarios Scenario I Scenario Description 1 Refund PFD 2008 Bonds with City LTGO Bonds No extension to final maturity 2 Refund PFD 2008 Bonds with PFD Sales Tax Bonds No extension to final maturity 3 Refund PFD 2008 Bonds with City LTGO Bonds Extend final maturity to 2030, Continue growth at 3.5% 4 Refund PFD 2008 Bonds with City LTGO Bonds Extend final maturity to 2030, No growth 5 Refund PFD 2008 Bonds with City LTGO Bonds Extend final maturity to 2041 • Scenario results summary Councilmember Buckshnis explained she requested this presentation to get the issue out in the public, the committee is still in the fact-finding stage. Packet Pg. 243 6.1.a 10/10/17 Finance Committee Minutes, Page 2 Mr. Bauer responded to questions regarding the City guaranteeing PFD issued bonds, how other PFD's refinance their debt, advance refunding to take advantage of low interest rates, whether advance refunding would be via bonds or private placement, and potential increases in rates. Discussion followed regarding concern the City is taking the lead versus the PFD Board, the PFD's financial adviser, savings via the City issuing bonds, seeking the Finance Committee's opinion whether the City is interested in being involved, repayment of the contingent loan, paying off the bonds and then begin paying on the loan with the City, loss of the sales tax rebate if the PFD ceased to exist, use of the PFD sales tax rebate, the PFD's cash position, whether savings from bond refinancing could be dedicated to retirement of the contingent loan, and the City having more control of ECA management such as hiring a management firm. Discussion continued regarding having the City Attorney prepare a loan agreement to ensure the PFD repays the City, delay in the preparation of the PFD/ECA Strategic Plan, anticipated reduction in the funding request from the PFD to the City in 2017, whether the request would increase if there is another economic downturn, the relationship between the ECA Board who raises funds for operations and the PFD, potential the PFD will not need to borrow from the City after 2018/2019 and anticipated repayment of the contingent loan by 2027, whether the City is interested in partnering with the PFD to refinance the debt, the City guaranteeing the bonds if the PFD refinances the bonds. Committee members requested the following information: • Government Accounting Standards Board (GASB) statement related to the difference between component units issuing debt and the city issuing debt. • Composition of the PFD (developed for the PFD Oversight Committee) • Projections for repaying the contingent loan by 2027 Action: Information only 3. August Monthly Financial Report r O Mr. Turley highlighted revenues and expenditures in the report. He and Mr. James responded to 0 questions regarding new staff members in the 2018 budget, (senior accountant, assistant engineer, v capital projects manager, engineering tech), Traffic Infraction Penalty versus NC Traffic Infraction ``. revenue, and the timing of construction project expenditures. Committee members commended staff on investment income. E U Action: Schedule on Consent Agenda a 4. Third Quarter 2017 Budget Amendment Mr. James reviewed budget amendments related to: • Offset salary in City Council to Professional Services for Edmonds Marsh study • Court supplies • Court security • Department of Retirement Systems invoice for James Tarte PERS contributions from 2014 • Fire District 1 retro bill for approximately $665,000, additional $193,000 needed over amount budgeted for 2017 services • Program expenditures and funding for preliminary design and environmental documents for waterfront connector • Program expenditures and funding for Citywide Pedestrian Crossing Enhancement Project • Software to manage cemetery plots, sales, burials, etc. • Additional funding for Veterans Plaza Packet Pg. 244 6.1.a 10/10/17 Finance Committee Minutes, Page 3 • Transfer of the 1 % for art allocation for the original approved budgeted expenditure for the downtown public restroom project • Transfer funds from REET to Parks Construction Fund for construction of downtown public restroom • Vehicle propane conversions • Waterline replacement Action: Schedule for full Council 5. Brief Update on City's Financial Relationship with Sno-Isle Mr. James reviewed a comparison of library tax, population, cost per person for cities in the Sno-Isle district. A financial statement provided by Sno-Isle of what is spent on each library in the district revealed Edmonds residents pay approximately $750,000 more than Sno-Isle spends operating the Edmonds library. There may be an opportunity to revisit the financial relationship with Sno-Isle and options such as Sno-Isle providing funds for a reserve. Discussion followed regarding Woodway not being a member of the Sno-Isle district, whether residents' library needs are changing and whether the model needs to be changed, potential for relocating the library to Highway 99 and repurposing the existing building, changes in Sno-Isle's model with regard to building ownership, and exploring other options/models. Action: Councilmember Teitzel will confer with Mr. Taraday about legal options. The meeting was adjourned at 8:50 p.m. Q Packet Pg. 245 6.1.b PARKS, PLANNING AND PUBLIC WORKS COMMITTEE MEETING October 10. 2017 Elected Officials Present Councilmember Neil Tibbott (Chair) Councilmember Kristiana Johnson Also Present Noal Leonetti, Student Representative Staff Present Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Shane Hope, Development Services Director Rob English, City Engineer Bertrand Hauss, Transportation Engineer Kernen Lien, Senior Planner Jerrie Bevington, Recorder The meeting was called to order at 7:23 p.m. in the Jury Meeting Room. Authorize Parks and Recreation Department to Dispose of Surplus Equipment Ms. Hite described items proposed to be surplused: • Approximately 1,000 old and mismatched brick pavers accumulated from past projects. Ballard Re -Use Salvage will accept them at no cost. • Print photography equipment, miscellaneous small supplies and chemicals. Intend to sell equipment with proceeds going into Youth Scholarship Fund; if unable to sell, equipment will be donated. • Miscellaneous equipment located under grandstand at Civic Center Park. Usable/functional equipment will be relocated to another storage facility; unusable equipment will be safely disposed of. Discussion followed regarding installation of storage at the old Public Works site and construction of storage shed at City Park shop, disposal of miscellaneous Police and Public Works equipment located under the grandstands, potentially selling/donating photography equipment to Edmonds Community College, disposal of grandstand materials, and timeline for development of Civic Center Park. Action: Schedule on Consent Agenda 2. Utility Easements for Existing Utilities within the Providence/Verdant Health & Swedish/Stevens Campus Mr. English relayed expansion of the Swedish/Stevens Campus in 2014 included relocation/improvement of several sewer, water and stormwater facilities. Securing easements was delayed until the improvements were completed. The project is now complete and the Commission recently approved the proposed easements. Mr. English responded to questions regarding ownership and responsibility for maintenance of underground equipment and capacity of the improvements. Action: Schedule on Consent Agenda 3. Authorization for Mayor to Approve Recording of a Public Pedestrian Easement along Edmonds Way adjacent to 10032 Edmonds Way Mr. English distributed a cross section of the building, sidewalk, and roadway as well as a site map of the first phase of the Westgate Village project on SR-104 & 100t". He identified the 106-foot pedestrian easement, required because a portion of the sidewalk will be located on private property Discussion followed regarding the location of the frontage improvements, existing sidewalk, sewer connection fees, transportation and park impact fees, low and moderate housing units in the Packet Pg. 246 6.1.b 10/10/17 PPP Committee Minutes, Page 2 development, Architectural Design Board review, lack of bicycle lanes on SR-104, and including graphics of the development in the Development Services Update (February 2018). Action: Councilmember Johnson supported forwarding to full Council so the public could see the materials; Councilmember Tibbott preferred the Consent Agenda. If on Consent Agenda, include the materials staff distributed in the packet. 4. Professional Services Agreement with MIG for the ADA Transition Plan Transportation Engineer Bertrand Hauss reviewed the American's with Disabilities Act; requirements of the ADA Transition Plan; curb ramp evaluation; priority chart; and maps of high, medium and low curb ramp and sidewalk and traffic signal barrier removal projects. He reviewed the total cost of upgrades ($151,500,000) and current annual budget ($220,000). The goal of the Plan is to identify a strategy to remove barriers and establish a schedule and funding strategy. He reviewed a 15-year schedule for the projects by category, highlighted elements of the funding strategy and described public outreach. Discussion included examples of sidewalk barriers, modifying priorities based on citizen requests, grant funds secured to improve pedestrian crossings including upgrading curb ramps, ADA plan for City buildings and upcoming ADA plan for Parks, cost of this Plan, how priorities are determined, cost to have ADA ramps constructed by a contractor versus inhouse, additional staff required to do inhouse, and prioritizing short walkways. Action: Schedule for full Council 5. Fishing Pier Rehabilitation Project Mr. English recalled the center joint repair did not meet strength testing at the end of project in 2016. The contractor remobilized in July 2017 including conducting bond strength tests. In mid -September the contractor stated they would remedy the deficient repairs; the City's consultant is evaluating their proposed method. The request is an increase in budget authority of $75,000 for inspection, testing, etc. Discussion followed regarding concern the proposed remedy will not meet testing standards, who pays to remedy the deficient repair, and legal advice that the City give the contractor an opportunity to make the repair. Ms. Hite clarified the deficient repair affects the longevity of the fishing pier; it is not in danger of being closed. Action: Schedule for full Council next week 6. Critical Area Ordinance Section 23.40.220(c)(7)(a) Mr. Lien explained there were public comments regarding this section (allowed activities) at the time of the CAO update. Allowed activities which include select vegetation removal such as hazard trees and invasive species are not required to have a full critical areas report. Prior to the CAO update, there was no limit on the amount of area that could be cleared. With the CAO update, a limit of 1500 within a 3-year cumulative period was established without a critical areas report. Removal of more than 1500 requires a critical area report prepared by a qualified professional. Revisions suggested in the agenda memo (prepared by Councilmember Buckshnis) included, 1) adding "bona fide restoration projects," 2) establishing a different threshold, 3) City select non-profit organizations that do restoration projects and if a group works with them, a critical area report is not required. The origin of the1500 square foot limit was Seattle's CAO. He suggested the PPP committee request the Planning Board consider this issue and provide a recommendation. Packet Pg. 247 10/10/17 PPP Committee Minutes, Page 3 Mr. Lien relayed the agenda memo refers to the SMP and CAO. The SMP adopted a specific version of the CAO; changing the allowed activity provision in the COA does not change how the provision is implemented in shoreline jurisdiction (which includes the Edmonds Marsh). He did not recommend amending the SMP until the 2019 update. Discussion followed regarding the process for review and public hearing by the Planning Board and Council and review by the State, the recent critical areas report prepared and approved for removal of invasive species in the Edmonds Marsh, and definition of a qualified professional in the CAO. Action: Schedule on Consent Agenda to refer to Planning Board The meeting was adjourned at 9:06 p.m. Packet Pg. 248 6.1.c PUBLIC SAFETY & PERSONNEL COMMITTEE MEETING October 10, 2017 Elected Officials Present Staff Present Councilmember Mike Nelson (Chair) Councilmember Adrienne Fraley-Monillas The meeting was called to order at 7:24 p.m. in the Police Training Room Including Women & Minority Business Enterprises (WMBE) in the City's Purchasing Policies Councilmember Nelson relayed the packet included Seattle and Snohomish County's policies. This issue arose when the Finance Committee reviewed the City's purchasing policies and procedures and discovered the City did not have policies related to WMBE. Following a brief discussion, committee requested: • Determine whether other cities Edmonds' size include WMBE in their purchasing policies • Councilmembers Buckshnis and/or Teitzel provide background • Staff describe implications Action: Need more information The meeting was adjourned at 7:28 p.m. Packet Pg. 249 8.1 City Council Agenda Item Meeting Date: 10/24/2017 Presentation of a Professional Services Agreement with Parametrix for Pre -Design and Permitting Activities on the Edmonds Street Waterfront Connector Project (15min) Staff Lead: Rob English Department: Engineering Preparer: Katie MacCaul Background/History On November 15, 2016, after a presentation and public meeting regarding the At -Grade Rail Crossings Alternatives Analysis, Council unanimously moved to add the Edmonds Street Waterfront Connector Project (the Connector) to the CIP. Staff Recommendation Forward the item for a presentation and action at the November 6th, City Council meeting. Narrative After securing an appropriation of $700,000 from the State Legislature in June 2017, the combination of local funds and outside entity contributions yielded a total of $985,000 to further pursue the Connector project. In accordance with the City's Purchasing Policies, staff solicited Statement of Qualifications (SOQs) from firms interested in providing environmental documentation and preliminary design services. Three consultants were selected for interviews: KPFF Consulting Engineers Berger-ABAM Parametrix. The members of the City's interview team were: Phil Williams, Public Works Director; Patrick Doherty, Community Services and Economic Development Director; Mike Cotton, Deputy Regional Administrator, Washington State Department of Transportation; and Ed Sibrel, Capital Projects Manager. Interviews were held on August 0 and 11t", 2017. Post -interview evaluations were compiled, and Parametrix was selected based on their qualifications and experience. Parametrix brings a wealth of skills and experience to the project. As a lead consultant under Tetra Tech during the Edmonds Waterfront Access Study, the firm was heavily involved with developing and assessing the varying design concepts under consideration. One of Parametrix's core strengths that showed during evaluation was its ability to collaborate across multiple design and planning disciplines, ensuring that no one aspect of the project would suffer by being addressed in isolation from others. Packet Pg. 250 8.1 The firm also brings a team of professionals, many of which were directly involved with the Access Study: Shannon & Wilson for geotechnical expertise, Enviroissues for public participation and outreach, and Tetra Tech for stakeholder coordination as well as grant funding support. Additional team members include TKDA for railroad coordination, Cultural Resource Consultants for archeological and historical support, Tierra Right of Way for right-of-way planning, VIA Architecture for urban design, and Bruce Myers for artwork. Parametrix has submitted a comprehensive scope of services (attached) for the work involved. The proposed fee to complete the work is $917,374. The amount includes a 5% management reserve for unanticipated activities or services not covered in the scope. Attachments: EdmondsWtrFrontConnector_SOW_10-17-17 Fee Matrix Packet Pg. 251 8.1.a Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES Draft SCOPE OF WORK City of Edmonds Edmonds Street Waterfront Connector This Scope of Work provides for professional services to complete environmental documents and preliminary design of the Edmonds Street Waterfront Connector. The City of Edmonds (City) and its partner transportation agencies are working to implement a solution to at -grade railroad crossing conflicts affecting freight and passenger rail; a state highway; a ferry terminal; and transit and local vehicle, pedestrian, and bicycle traffic. Access between downtown Edmonds and the waterfront community on Puget Sound is available through only two roadways, Main Street and Dayton Street, each of which crosses the Burlington Northern Santa Fe (BNSF) Railway tracks at -grade and only 1/4-mile apart. With rail traffic projected to grow 50 to 100 percent by 2030, the number and duration of gate closures will correspondingly increase. The project will construct a single -lane bridge spanning the railroad tracks between the Sunset Avenue/Edmonds Street intersection to Brackett's Landing Park North and Railroad Avenue. The crossing will connect the police and fire stations directly to the waterfront, providing immediate access for emergency responders and emergency ferry off-load and on -load. It will also provide pedestrian and bicycle access from Sunset Avenue to Brackett's Landing Park and the waterfront. This alternative was selected by the Mayor's Task Force during the Edmonds Waterfront Access Study The City has close to $1 million dollars in funding, with contributions from the State, Sound Transit, Community Transit, and Port of Edmonds. Additional funding will be pursued to complete final design and construction of the project. The City reserves the right to retain the selected consultant team for future design, environmental, right-of-way, and construction support services. The following tasks include project management; public and stakeholder involvement; architectural, urban design, structural, and preliminary artistic services; environmental documentation and permitting; and preliminary engineering for the project. This scope of work also includes optional services for additional environmental documentation and permitting. TASK 1 — PROJECT MANAGEMENT The Consultant shall manage scope, schedule, budget, and execution of the project. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 1 September 2017 Scope of Work Packet Pg. 252 8.1.a SCOPE OF WORK (continued) Task 1.1 — Project Management Plan The Consultant shall develop a Project Management Plan (PMP) that defines the framework under which the project will be managed, including risk, change, communications, schedule, scope, and budget control. This task includes developing and distributing copies to all key team members, and maintaining a project binder for the duration of the project from initiation to project closure. Task 1.2 — Monthly Core Team Meetings The Consultant shall participate in monthly meetings as needed for project management updates/design decisions, and prepare a brief meeting summary for each meeting, focused on key decisions and assigned action items. These meetings will be the forum for the City to provide input and guidance for the direction of the project. The meetings will also be used to discuss project issues, approve submittals, and develop potential solutions to design issues. Task 1.3 — Subconsultant Coordination The Consultant shall prepare and execute subconsultant agreements and review and submit invoices. Task 1.4 — Consultant Team Meetings and Coordination The Consultant shall conduct internal kickoff and as needed project coordination meetings to execute the project. Task 1.5 — Monthly Progress Reports The Consultant shall prepare and submit monthly progress reports and maintain the detailed CPM project design schedule. Task 1.6 — Quality Assurance The Consultant shall verify Quality Control is conducted throughout the project including technical discipline review, lead designer review, and senior review. Discipline reviews shall be performed while the detailed technical work is in progress. Lead designers shall review specific products such as plans and reports. Specific reviews are conducted at the task level. Assumptions Assumptions for this task include: • The project duration will be up to 18 months. • Project meetings will alternate between in -person meetings and teleconferences. Deliverables • Deliverables for this task include: Project Management Plan • Monthly progress reports. • Meeting summaries for monthly Core Team meetings. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 2 September 2017 Draft Scope of Work Packet Pg. 253 8.1.a SCOPE OF WORK (continued) TASK 2 — PUBLIC INVOLVEMENT Task 2.1 — Public Involvement and Communications Plan The Consultant for this project will research and develop a public involvement and communications plan to keep the public informed of and engaged in the early design phase of the Edmonds Waterfront Connector. The plan will include public outreach objectives, relevant media and stakeholders, project area demographics and anticipated translation needs, stakeholder outreach risk assessment, key messages, outreach tools, and proposed outreach activities and schedule. Assumptions Assumptions for this task include: • The City will provide a high level summary at the conclusion of each outreach event. Deliverables Deliverables for this task include: • One (1) draft and one (1) final public involvement and communications plan Task 2.2 — Community Events and Engagement Task 2.2.1 Informational Tables at Fairs and Festivals and Pop-up Events The Consultant will research potential locations for informational booths at local events (i.e., Edmonds Farmer's Market) and, pop-up tabling events (i.e., park, library). The Consultant will provide the client with a list of recommended dates and times based on outreach milestones. Assumptions Assumptions for this task include: • Existing project materials developed for community meetings or other uses will be used at booths and pop-up events. • City or technical team will provide or develop materials for information tables and, tents. • City will staff and coordinate logistics for information tables and tents. Task 2.2.2 Public Open House Meetings (2) / Online Open Houses (2) The Consultant will schedule, coordinate, staff, and provide materials for up to two public open house meetings at, or prior to, project milestones to share information with and gather feedback from the community. For each meeting the Consultant will coordinate logistics, develop a meeting plan, and staff and summarize the meeting. In conjunction with the in -person open house meetings, the Consultant will develop an online open house to share the same content that will be displayed at each public meeting and to solicit community feedback online. The online open house will include use of a custom sub -domain website that will be seamlessly linked from the City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 3 September 2017 Draft Scope of Work Packet Pg. 254 8.1.a SCOPE OF WORK (continued) City's website, project -specific customized layout, station tabs to match in -person meeting station materials, fully responsive design (i.e., for smart phones, tablets), and integration with Google Translate and social share. Assumptions Assumptions for this task include: • Consultant will provide up to three staff for each meeting, including facilitation support. • Content developed for public meetings will be used to populate the online open house. • City will pay for direct meeting costs including room rentals and refreshments. Deliverables Deliverables for this task include: • Coordination for and staff support and/or facilitation at up to two public meetings. • Two draft and two final meeting plans. • Two draft and two final meeting agendas. • Two draft and two final sets of supporting meeting documents (i.e., comment forms, sign -in sheets, directional signage, name tags). • Two online open houses. • Two draft and two final meeting summaries (includes both in -person and online). Task 2.2.3 Business/Property Owner Briefings The Consultant will schedule and conduct up to 5 briefings with key businesses and property owners in the project area. Briefings will be designed to share information about the project history, provide an update on the current project phase and progress, and gather input on key concerns and general feedback. The Consultant will schedule, develop talking points, and document input received during the briefings. Assumptions Assumptions for this task include: • Existing project materials or materials developed by the technical team will be used at the briefings, with the exceptions of developed talking points • Consultant will provide one support staff for each briefing. Deliverables Deliverables for this task include: • Scheduling and attendance at up to 5 briefings. • One draft and one final briefing guide with talking points. • One draft and one final compiled briefing packet (graphics/materials to be supplied by City and technical team). City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 4 September 2017 Draft Scope of Work Packet Pg. 255 8.1.a SCOPE OF WORK (continued) • One draft and one final briefing key takeaway summary. Task 2.2.4 Materials The Consultant will develop content and graphic design for project materials, notifications, and website content. Project materials will include the development of up to two project newsletters and up to 10 display boards for each public meeting. Notifications for up to two public meetings will include postcards, posters, and display ads. L Assumptions U as c Assumptions for this task include: o U • Consultant will coordinate all printing and distribution of postcards. o L • Consultant will coordinate printing of any other printed materials (e.g., display ads, display boards, etc.). • City staff will distribute posters to City -approved locations. m • City will use content from the meeting notifications to update social media, project website, or other media outlets. N • City will pay for costs associated with printing materials (e.g. display boards), and printing and mailing c costs for notification materials (e.g. mailing house, postcards, display ads). E w Deliverables Deliverables for this task include: • Up to two draft and two final project newsletters. • Up to 20 draft and 20 final meeting display boards, 10 per public meeting. • Up to two draft and two final meeting postcards. • Up to two draft and two final meeting posters. • Up to two draft and two final print display ads. • Up to two draft and two final online display ads. • Up to three content updates for project website. Task 2.2.6 Comment Management Consultant will track and categorize up to 100 incoming and outgoing project correspondence for easy searching by contact, date, topic, and whether or not a response has been completed. Deliverables Deliverables for this task include: • Up to 100 tracked project correspondence • Quarterly communication reports. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 5 September 2017 Draft Scope of Work Packet Pg. 256 SCOPE OF WORK (continued) 8.1.a TASK 3 — STAKEHOLDER COORDINATION The Consultant will prepare and implement, in coordination with the City and the City's consultants, a plan to communicate with and engage stakeholder agencies in the preliminary design and review of the project. The objectives for this agency engagement is to reinforce and broaden regional support for the project, identify and clarify/resolve potential issues, and leverage support for the design and construction phases of the project. Task 3.1 — Agency Stakeholder Engagement Plan In developing the plan, the Consultant and/or City will make initial contact with targeted agencies. The Consultant will prepare a schedule for meetings, workshops, reports, briefings, and other communications to assure clear understandings between the City, consultant team, and stakeholders on project design elements and concerns. The scope of engagement will vary for stakeholders subject to their interface with the project and their preferences. The plan will include agency outreach objectives, proposed actions, and schedule. The agencies anticipated to be engaged through this plan include, but are not limited to: • Environmental Resource Agencies • BNSF • Tribes • Amtrak • Sound Transit • Community Transit • WSDOT Deliverables Deliverables for this task include: • Washington State Ferries • WUTC • Port of Edmonds • Edmonds Police Department • Fire District 1 • Edmonds Parks & Recreation • Swedish Edmonds Hospital • One draft and one final agency stakeholder engagement plan. Task 3.2 — Agency Stakeholder Coordination The Consultant will implement the approved Agency Stakeholder Engagement Plan, regularly reporting to the City and Project Team on outcomes to inform design, permitting, and other project activities. Consultant will coordinate the planning and content preparation for each event, report, and briefing. Consultant will facilitate project meetings with stakeholder agencies and deliver presentations to the agencies' boards/councils as requested. At the conclusion of the preliminary design phase, the Consultant will provide a summary of stakeholder coordination. Assumptions Assumptions for this task include: • Three periodic group briefings, either in -person or on-line City of Edmonds Edmonds Street Waterfront Connector Draft Scope of Work 554-2577-823 September 2017 Packet Pg. 257 8.1.a SCOPE OF WORK (continued) • Individual agency contacts Deliverables Deliverables for this task include: • Agendas and summaries for meetings. • Tracking log of agency engagements. • One draft and one final stakeholder coordination summary. Task 3.2.1 Environmental Resource Agencies Meetings and Coordination The Consultant shall prepare for and participate in three meetings with the resource agencies: • Meeting 1 - alternatives development • Meeting 2 - alternative selection • Meeting 3 - environmental analysis and permitting. The Consultant shall develop information for the meetings and provide follow-up information as requested Task 3.2.2 BNSF Task 3.2.2.1 BNSF Meetings The Consultant shall prepare for and participate in six meetings with BNSF: • Meeting 1— BNSF Project Introduction & Discovery (TKDA participate in person). • Meeting 2 —Amtrak and Sound Transit (TKDA Conference Calls). • Meeting 3 — Design Team Kick -Off (Edmonds, more feasible to have this meeting after and adjacent to the BNSF on -site meeting to discuss design plan direction). • Meeting 4 —Team Plan Review Discussions (Conference call for TKDA to go over any rail related comments). • Meeting 5 — BNSF Plan Presentation (Preliminary design plans discussed with BNSF) • Meeting 6 — WUTC Conference Call. Task 3.2.2.2 BNSF Design Coordination and Agreement Development The Consultant shall coordinate with BNSF to obtain design as -built information, access to BNSF property for survey and geotechnical information, and obtain agreement needs information to support those processes in the future: • Coordinate survey and geotechnical access to railroad property (if needed). • TKDA Preliminary design plan and constructability review (rail). City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 7 September 2017 Draft Scope of Work Packet Pg. 258 8.1.a SCOPE OF WORK (continued) • Develop crossing agreements (what to expect discussions). • Construction cost estimate support (identify costs that BNSF will charge the City). Task 3.2.3 Tribes Meetings The Consultant shall participate in up to six meetings with the tribes to discuss the project. Tribe members will also be invited to environmental resource agency meetings. Task 3.2.4 Agency Stakeholder Meetings The Consultant shall prepare for and participate in stakeholder agency meetings with all members in the above engagement list. These meetings will help identify issues and solutions for the project. These meetings are in addition to the meetings identified in the tasks above. Anticipated meetings include: • WSDOT and Washington State Ferries (WSF) (three meetings at WSF). • Sound Transit, Amtrak, Community Transit, Port of Edmonds, Edmonds Police Department, Fire District 1, Edmonds Parks & Recreation, Swedish Edmonds Hospital, WUTC (three group meetings). • One-on-one meetings with agencies above to resolve issues (eight meetings). Task 3.2.5 City Council Briefings The Consultant shall prepare and conduct presentations, in support of City Staff, briefing the City Council on the project status and key design topics. Assumptions Assumptions for this task include: • Five Council briefings conducted at 4 junctures along the project schedule (assumes two meetings at one key point in the project development process) Deliverables Deliverables for this task include: • Presentation materials • Summaries for Council packet submittals TASK 4 — SURVEY AND BASEMAP The purpose of this task is to prepare a topographic survey basemap and perform right of way delineation. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 8 September 2017 Draft Scope of Work Packet Pg. 259 8.1.a SCOPE OF WORK (continued) Task 4.1 — Existing Conditions Survey The mapping area will consist of a 100-foot wide swath running along the proposed alignment beginning 100 feet east of the intersection of Edmonds Street and Sunset Avenue N., to the south side of the cul-de-sac in Brackett's Landing. The Existing Conditions Survey task will include: • Preparing a topographic basemap with 1 foot contours for engineering design. The topographic basemap will be prepared in Civil 3D 2016 and include surface features such as road prisms, railroad ballast, top of rail, significant trees 8" in diameter and larger at Diameter at Breast Height (DBH), grade breaks, swales, curbs, gutters, visible above ground utilities including storm and sewer structures, sidewalks, , and sub- surface utilities as identified by utility paint marks. Assumptions: • Datums will be Washington State Plane North Zone in NAD 83(2011) horizontal, and NAVD 88 vertical or as provided by the City. • Parametrix survey crews will have unrestricted access to make measurements • Parametrix survey standards and codes will be used. • Future supplemental surveying will be required for final design • Subsurface utility investigation will be minimal to support preliminary design • No bathymetry survey will be required • Field survey to support preliminary design 3D mapping in AutoCAD (including top of track elevation) Task 4.2 — Right of Way and Boundary Researcl- The purpose of this task is to resolve the right of way and adjacent property boundaries within the topographic map drawing described in Task 4.1 The CONSULTANT shall prepare the following: • Conduct necessary research of County and State records which fall within the mapping limits, and field tie monumentation needed to identify rights of way, easement records and resolve parcels boundaries. Title reports (up to 8 title reports) and records research, determine the parcel boundaries and easements of record and incorporate the R/W information into the basemap. Assumptions: • No monuments will be set and a record of survey will not be recorded as part of this survey. • A maximum of 8 title reports will be obtained if required City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 9 September 2017 Draft Scope of Work Packet Pg. 260 8.1.a SCOPE OF WORK (continued) Deliverables • Full 3D mapping in AutoCAD and Civil 3D mapping (current version) TASK 5 — DESIGN ALTERNATIVES DEVELOPMENT The Consultant shall develop up to two alternatives with information to be used for evaluation, including setting design criteria; alignments and sections; bridge type, size, and location; impacts; and costs. Task 5.1 — Basis of Design This task is for documenting previous design parameter decisions, guidelines, project needs (based on the formal project purpose and need), area context decisions, and design controls (standards to follow, such as modal decisions, design criteria, and user needs) from the previous conceptual design process. Task 5.2 — Design Charrettes The Consultant shall prepare for and participate in one design charrette. Task 5.3 — Vertical and Horizontal Alignment and Roadway Section Up to two alternative alignments (horizontal and vertical) will be developed, along with associated design sections, based on the previous conceptual design process. Alignment and section alternatives will be developed in concert with the bridge TS&L and Urban Design concepts. Task 5.4 — Bridge Type, Size, and Location (TS&L) Report The Consultant shall develop a TS&L Report for two alternatives that will include: • Bridge layout and structural type (up to two alternatives): A slab bridge alternative, a steel girder/truss alternative, and a cable stayed alternative. • Bridge typical sections that show bridge total width; vehicle lane and pedestrian walkway width; potential landscape zone, etc.; structural depth of each alternative; and girder sections. • Foundation type evaluation, shallow foundation versus deep foundation, constructability, and shaft size. • Bridge aesthetics. • BNSF may not allow pier(s) in railroad right-of-way (need clear definition of the railroad right-of-way boundary). • Future railroad expansion. Task 5.5 — Conceptual Constructability and Impacts Analysis The Consultant shall review constructability and study the impacts, including: • Construction access and staging area shown on the base map. • Girder shipping routes to be studied, with contacting potential girder supplies and trucking companies. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 10 September 2017 Draft Scope of Work Packet Pg. 261 8.1.a SCOPE OF WORK (continued) • Railroad clearance during construction and final clearance shall be sketched according to established criteria and discussed with BNSF. • Allowable railroad work windows to be studied and identified with coordination with BNSF. • Construction time window over railroad (girder erection, etc.). This subject to be discussed with BNSF. • Identify other site construction restraints including shoreline, heavy equipment access, disposal of excavated material, work window availability, Brackett's Landing impacts, BNSF utilities (underground, railroad wayside signals). • Maintenance of traffic for Sunset Avenue and other areas. • Identify impact boundary. Task 5.6 — Parking Lot/Mixing Zone Improvements The Consultant shall review and identify improvements for the parking lot and identify improvements for pedestrian and bicycle safety. Task 5.7 — Cost Estimates The Consultant shall develop conceptual design cost estimates for two alternatives at the approximate 5-percent design level. The estimate must be risk based and include appropriate design contingencies based on the design level risk. Estimates will include the estimated cost of construction, mitigation costs of impacts, right-of-way costs, permit and agency costs (including BNSF and private utilities), preliminary and final engineering, construction engineering, and construction contingencies. Right -of -Way Costs — The Consultant shall provide a Project Funding Estimate (PFE) for each alignment proposal. The PFE shall include anticipated acquisition values, relocation benefits, title/escrow fees, environmental expenditures, demolition costs, and all consultant cost related to real estate including negotiations, appraisal, title, and environmental. Through this exercise, Tierra will also provide a list of properties that could be of concern for the Project, the acquisition or relocation associated with these properties may be cost prohibitive or we may have information regarding the community significance of the property. Assumptions Assumptions for this task include: • The previous conceptual design process will be the base starting point for the alternatives analysis. • Permanent and temporary construction property easement, plan review, construction management, flagging, signals, temporary construction crossing, potential railroad delay costs will be included. Deliverables Deliverables for this task include: • Draft Conceptual Basis of Design Technical Report. • Design Charrette meeting summaries with documented decisions and action items • Draft and Final Conceptual Bridge Type, Size, and Location Technical Memorandum. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 11 September 2017 Draft Scope of Work Packet Pg. 262 8.1.a SCOPE OF WORK (continued) ■ Alternative Design Layouts (Alignments and Sections) to support alternatives screening. Draft and Final Alternatives Analyses Report. TASK 6.0 — ARCHITECTURAL COLLABORATION (VIA) The Consultant shall provide architectural services to complete the project as defined in this scope. The architectural participation and work includes the following: ■ Attend kick-off meeting: Meet -greet City staff to review project goals and objectives, scope, schedule, and budget. • Attend initial site visit: Consultant team and City attend site tour to overview challenges and opportunities. • Attend design work sessions: Meet with City for one charrette sessions on design direction. • Attend design progress meetings: Meet monthly with City Project Manager on progress of design. Coordinate design with other disciplines. • Participate in pre -design — site investigation: City will provide access to appropriate documents for Consultant's review and use. Consultant to conduct high level contextual and urban design analysis and review site for design constraints. Comprehensive analysis inclusive of existing and future development and transportation plans. Involvement in establishing design criteria, project goals, and parameters including: ■ Bridge width — emergency vehicle criteria/LOS. ■ Bridge elements; seating, lighting, etc. Participate in schematic design: Alignment analysis: ■ Study of optimal 'fit' within larger corridor. ■ Examine various alignment alternatives. Bridge concept studies: ■ Examine a wide range of alternatives based on design criteria, City and stakeholder comments, and outreach comments/surveys. ■ Develop two bridge concept alternatives in 3D model form. • TS&L Preliminary Design: Produce two design options developed in rhinoceros 3D (as part of schematic design noted above) in turn exported to plan, typical cross section, and elevation 2D drawings in ACAD format • Attend public outreach sessions — first at schematic design commencement (architectural): Attend two open house events Meeting One (Site response diagrams) —generate conceptual site response diagrams in hand sketch format Meeting Two (2x Conceptual Alternatives) — Prepare conceptual renderings for the design alternatives City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 12 September 2017 Draft Scope of Work Packet Pg. 263 8.1.a SCOPE OF WORK (continued) • Participate in preliminary design of preferred alternative: Develop preferred design to an approximate 20% level Draft architectural drawings; including seating areas, handrails, and lighting elements. Prepare preliminary bridge lighting concept (no specifications except for as needed for understanding materials selected). Respond to City's and outside agencies' comments. Assumptions Assumptions for this task include: • Restroom impact? Deliverables Deliverables for this task include: • 3D computer models studying variations of the various structural systems for the bridge. These studies will be done in Rhinoceros 3D and exported to Sketch -Up. These models will be lower level details with basic deck/railing extrusion, key superstructure elements (e.g., edge beams, floor beams, arches, and hangers without connections represented), substructure elements. The goal is to be able to study the geometry to make refinements when identifying and developing the two alternatives. • 3D computer models for the two bridge alternatives for prime consultant use in the TS&L Report. • Public outreach materials including: y Open House One: ■ This is a simple meeting to extend the previous public outreach process by refreshing attendees on the goals of the project. ■ VIA to provide diagrammatic site response sketches. ■ Bridge element precedents; overlooks, seating, throw barrier, etc. Open House Two: ■ 2x conceptually rendered bridge concepts in context for a total of 2x concepts TASK 7.0 — Urban Design/ Park Integration (VIA) The Consultant shall develop options at Sunset Avenue North and Brackett's Landing Park that integrate the bridge landing into the surrounding pedestrian pathways and landscape. Assumptions Assumptions for this task include: • The bridge connections will not impact the existing park buildings. Deliverables Deliverables for this task include: • Draft Park Site Plan. • Final Park Site Plan. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 13 September 2017 Draft Scope of Work Packet Pg. 264 8.1.a SCOPE OF WORK (continued) TASK 8.0 - ART COLLABORATION Facilitate the integration of art and related creative processes into the overall design of the bridge architecture, approaches, site integration, cultural and interpretive way finding. Participation in the relevant public and stakeholder outreach development and programs • Sculptural Place Making • Environment o • Public Access to Nature r U c • Cultural Destination c 0 v • Discovery and Way Finding r o • Community Engagement m • Concept Development • Art Systems for Integration m N TASK 9.0 - GEOTECHNICAL ENGINEERING/INPUT FOR ALTERNATIVES EVALUATION 0 E The purpose of this task is to provide screening level geotechnical engineering guidance in support of the City's w evaluation of design alternatives for connecting Edmonds Street to the waterfront, and selection of a preferred alternative. 7 • Collect and review existing geotechnical information. • Provide team with concept interpretation of site geology and geotechnical challenges. • Participate in discussions at one workshop/meeting with project team to develop and screen two alternatives. • Prepare technical memo presenting preferred bridge foundation type, and concept level geotechnical engineering guidance for south approach ground improvement and stability, and north abutment and north abutment slope stability. Assumptions • No subsurface explorations will be performed. • Existing geotechnical information in possession of the City of Edmonds will be provided to us. • Geotechnical information for existing WSDOT Edmonds Ferry terminal are readily available from WSDOT • One in -person meeting with team in Seattle or Edmonds. Deliverables • Input to Parametrix on geotechnical considerations for alternatives screening evaluation City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 14 September 2017 Draft Scope of Work Packet Pg. 265 8.1.a SCOPE OF WORK (continued) TASK 10 — ENVIRONMENTAL EVALUATION FOR ALTERNATIVES SCREENING The purpose of this task is to provide environmental analyses in support of the City's evaluation of design alternatives for connecting Edmonds Street to the waterfront, and selection of a preferred alternative. To meet this objective, environmental analyses will be focused on disciplines for which (1) there are important distinctions between alternatives that could inform the decision; (2) the public and stakeholders have expressed interest or concern; and (3) due diligence is appropriate to ensure there are not any fatal flaws. The environmental screening will address two alternatives. The disciplines included in this task are parks and recreation resources, shoreline and aquatic habitat and functions, visual quality, cultural resources, and transportation. The level of analysis for each discipline will be appropriate to inform decision -making. For most disciplines, detailed analyses will be deferred until after the preferred alternative is selected. Task 10.1 — Park and Recreation Resources The Consultant shall define existing conditions in Brackett's Landing by: • Working with the City's park director to identify the funding sources for the park acquisition and the associated conditions that may apply. Obtain copies. Reviewing the use of and circulation through Brackett's Landing, based on interviews with the City's park staff and park users. • Evaluating the condition of existing improvements in Brackett's Landing, based on field observations and the results of interviews with the City's park staff. The Consultant shall work with the design team to develop alternatives that enhance park use and minimize construction impacts. The Consultant shall document the potential impacts and identified mitigation measures for each alternative in a brief technical memorandum. Deliverables Deliverables for this task include: • Draft and final technical memorandum, submitted electronically. Task 10.2 — Shoreline and Aquatic Habitat and Functions The Consultant shall confer with staff at agencies that have resource management and environmental permitting authority. Topics of discussion will include (1) standards and guidelines for the protection of habitat and ecosystem functions in shoreline and aquatic areas, (2) key issues that will drive effects analyses and decision making, (3) site -specific information about key habitats and species that may be affected, and (4) requirements and opportunities for mitigating unavoidable adverse effects of the project. The goal of these conversations will be to identify design elements and options that may influence permitting decisions, as well as possible conflicts between management objectives of different agencies. This information in turn will inform development and evaluation of design alternatives. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 15 September 2017 Draft Scope of Work Packet Pg. 266 8.1.a SCOPE OF WORK (continued) In -person and/or teleconference meetings will be held with staff from the following agencies: • U.S. Fish and Wildlife Service and National Marine Fisheries Services, concerning species and habitats protected under the Endangered Species Act (staff from the lead federal action agency may need to lead these meetings). • U.S. Army Corps of Engineers, concerning permitting under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. • Washington Department of Ecology, concerning certification under Section 401 of the Clean Water Act. • Washington Department of Fish and Wildlife, concerning requirements for the protection of fish and shellfish, and their habitats (i.e., to support issuance of a Hydraulic Project Approval), as well as requirements for compliance with the management objectives for the Brackett's Landing Marine Protected Area. • The City of Edmonds, concerning compliance with the City's Shoreline Master Program, as well as elements of the Edmonds City Code (e.g., ECC 5.32.110) that address the Brackett's Landing Shoreline Sanctuary. Based on the results of these conversations, the Consultant shall develop criteria for evaluating the environmental effects and permitting challenges of the various design alternatives. Using existing information about habitats and species known or expected to be present at the project site, the Consultant will qualitatively rate the design alternatives based on those criteria. Assumptions Assumptions for this task include: Evaluation of environmental effects will be based on existing information and will not require field survey for specific habitats or species. • One in -person meeting with permitting agencies is scoped and budgeted under other tasks. This task assumes one additional in -person meeting and three phone conversations. Deliverables Deliverables for this task include: • Draft and final technical memorandum, submitted electronically. Task 10.3 — Visual Quality The purpose of this task is (1) to inform the design process with a consideration of visual quality and the consideration of opportunities to enhance project views and (2) to evaluate visual resource impacts of alternatives in support of compliance with the State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA). Methodologies for evaluating visual quality impacts typically vary with the level of NEPA documentation required. Because the level of documentation will be uncertain through alternatives analyses, the Consultant shall anticipate the possible need for more extensive review and documentation and include the required baseline work to complete a full FHWA visual resource analysis appropriate to a NEPA Environmental Assessment. The level of effort is assumed to be for an abbreviated study per the FHWA City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 16 September 2017 Draft Scope of Work Packet Pg. 267 8.1.a SCOPE OF WORK (continued) methodology, however anticipating the potential for additional effort to coordinate with public outreach. This task includes: • Field review to identify potential visual impacts. • Selection of typical viewpoints for evaluation. • Coordination with design team to provide feedback on potential impacts, minimization, and enhancement opportunities. • Coordination with design team on the preparation of project visualizations for use in public outreach process. • Preparation of public involvement tools and participation in public workshops to support public evaluation of design options. • Preparation of draft and final summary memos documenting visual impact analyses and outcomes. Assumptions Assumptions for this task include: • Inventory and public involvement work to support visual resources analysis will be consistent with the current FHWA visual impacts analysis methodology • Public involvement activities will be incorporated into the outreach activities proposed for the overall project, rather than as separate activities • Scope to cover potential expansion of the visual resources analysis to support an EA is covered under a separate task (Optional Services) • Preparation of display boards for public workshop(s) and other outreach opportunities are scoped under the public involvement task Deliverables Deliverables for this task include: • Draft and final technical memorandum, submitted electronically Task 10.4 — Cultural Resources The Consultant shall conduct a records search using the DAHP Washington Information System for Architectural and Archaeological Records Data (WISAARD) website to determine the presence or absence of cultural resource studies and recorded cultural resources. The Consultant shall conduct additional background research in its cultural resource reference library and other online resources. Information obtained from these repositories will help to establish the context for potential resources in the vicinity. Assumptions Assumptions for this task include: The Section 106 process will be required due to federal funding but deferred until a preferred alternative is selected. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 17 September 2017 Draft Scope of Work Packet Pg. 268 8.1.a SCOPE OF WORK (continued) • Because the Area of Potential Effects (APE) for the project has not been defined or approved by WSDOT and the Department of Archaeology and Historic Preservation (DAHP), the Consultant shall assume a study area that includes Brackett's Landing Park, the aquatic area 200 feet waterward of Mean Higher High adjacent to the park, and the area within 200 feet of the railroad crossing and east approach on Sunset Avenue. Deliverables Deliverables for this task include: • Draft and final technical memorandum, submitted electronically. Task 10.5 — Transportation The Consultant shall evaluate design alternatives based on the manner in which routine non -motorized use of the crossing interacts with periodic emergency access of the crossing. The focus of the evaluation will likely be on width of the structure and refuges/overlooks where people can step out of the way of emergency vehicles. Assumptions Assumptions for this task include: Motor vehicle traffic will not be studied during environmental evaluation of the alternatives because it is not likely to be distinctive between alternatives. Deliverables Deliverables for this task include: • Draft and final technical memorandum, submitted electronically. TASK 11 -ALTERNATIVES EVALUATION AND SCREENING The Consultant, along with input from the project stakeholder team, will develop alternative screening criteria based on the project purpose and need and performance criteria. The consultant shall analyze and evaluate the alternatives and support the screening process. This analysis supports both the NEPA and the practical design analysis processes. The outcome of this process will be the preferred alternative. Deliverables Deliverables for this task include: • Draft and final evaluation criteria. • Draft and final alternatives analysis documentation, including the preferred alternative recommendation TASK 12 - PRELIMINARY ENGINEERING FOR THE PREFERRED ALTERNATIVE The Consultant will advance the conceptual design of the preferred alternative to a design level sufficient for the environmental documentation using the WSDOT design manual; AASHTO's A Policy on Geometric Design of Highways and Streets, 6th Edition (2011); and City of Edmonds Design standards. The preliminary design and City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 18 September 2017 Draft Scope of Work Packet Pg. 269 8.1.a SCOPE OF WORK (continued) plans will be informed by the basis of design documentation; the structural type, size, and location documentation; the stormwater design and analysis; and the environmental mitigation measures as detailed in other areas of this scope of work. A detailed preliminary design estimate of construction will be developed, which will include an electronic Excel workbook utilizing the City's standard format. An estimate calculation notebook will be developed as a backup to the electronic estimate workbook. Task 12.1 — Basis of Design Update The Consultant shall provide a final basis of design based on the draft basis of design that supported the alternatives analysis. This final Basis of Design supports the preliminary and final design of the preferred alternative. This document will provide the final design decisions necessary to support construction bid documents. Task 12.2 — Stormwater Concept Design (Tetra Tech) The Consultant will evaluate the permanent stormwater control requirements for the project, based on the evolving concept design. The Consultant will prepare a conceptual stormwater design to define the extent of stormwater components. Deliverables Deliverables for this task include: • Stormwater Concept Design Task 12.3 — Utilities Relocation during Construction (Tetra Tech) The Consultant will review utility and railroad records, mapping, and survey delineations of existing utilities across the project site. Field reconnaissance will be performed to confirm or supplement surface evidence of utilities noted in the survey.. The Consultant will prepare a conceptual utilities maintenance and relocation plan that is coordinated with the anticipated scope and progress of construction for the Connector. Areas of primary concern are within Sunset Avenue, near the restrooms in the park, and communication and signal utilities along the BNSF corridor. Preliminary design plans will be prepared identifying the scope of measures needed during construction to relocate and protect in -place utilities. Deliverables Deliverables for this task include: • Utilities maintenance and relocation plan. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 19 September 2017 Draft Scope of Work Packet Pg. 270 8.1.a SCOPE OF WORK (continued) Task 12.4 — Geotechnical Analysis for Preferred Alternative The purpose of this task is to perform preliminary geotechnical engineering analysis for the preferred alternative. Subsurface explorations would be conducted in the park to inform axial and lateral capacity for the preferred bridge foundation type and ground improvement and embankment foundation design for the south abutment/approach. Stability analyses would be performed for the north abutment. The Consultant shall conduct geotechnical investigations to support the design alternatives analysis, including: o 0 • Geologic mapping of slope above BNSF tracks. c • Prepare Geotechnical Investigation Plan (GIP) 0 U r Describe exploration program, show exploration location, and discuss access development and site 0 restoration. m • Conduct explorations (railroad access and flagging coordination needed): Near one potential shaft location (estimated 100 feet boring depth). L Y Near south abutment (estimated 60 feet boring depth). N Install two vibrating wire piezometers (VWPs) in the borings to measure groundwater pressure. 0 ■ Take manual readings of the VWPs on two occasions. w Laboratory testing, including testing soil samples for contaminants. ti ■ Perform index, water content, and grain size distribution tests on selected samples. ■ Perform testing of blended drill cuttings obtained from shallow depth in the borings for 0 contaminants for the purpose of disposal of the cuttings. • Develop code -based seismic design parameters and response spectra. cn�i 0 • Evaluate liquefaction potential. r • Identify feasible ground improvement methods. c o U • Provide preliminary recommendations for north abutment configuration. r 0 L Perform stability evaluation for slope above BNSF tracks at north abutment. Develop preliminary stability improvement measures for north abutment area. • Develop preliminary recommendations for south approach embankment. c 0 E Provide preliminary recommendations for ground improvement depth and lateral extent. w • Provide preliminary recommendations for drilled shaft axial and lateral resistance. r • Prepare preliminary Geotechnical Recommendations Report presenting: ;�, Geotechnical exploration, groundwater, and laboratory data Site geology discussion. Seismic design parameters. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 20 September 2017 Draft Scope of Work Packet Pg. 271 8.1.a SCOPE OF WORK (continued) Liquefaction analyses results. South abutment/approach embankment ground improvement type and lateral and vertical extent. North abutment slope stability and bearing capacity analyses results, foundation recommendations, slope stability improvement measures, and erosion reduction measures. Drilled shaft axial resistance recommendations. Drilled shaft L-pile parameters for lateral resistance. Assumptions Assumptions for this task include: • Attend one in -person meetings with project team in Seattle or Edmonds. • Explorations will be completed within the park prior to advancing geotechnical engineering effort. • Access and permits necessary to perform explorations in the park and on the upland beach area will be obtained and provided to Shannon & Wilson by others. • Subsurface explorations will not be required on BNSF right-of-way. BNSF flagger arrangements and flaggers required for Shannon & Wilson to perform the work will be secured by others. • A maximum of two mud -rotary borings will be performed for preliminary engineering. • Borings will be completed in three consecutive work days. • Vibrating wire piezometer groundwater pressure measurements will be taken twice, once about 1 week after installation, a second time at least 1 month later. • Right of entry for Shannon & Wilson personnel to access and conduct geologic reconnaissance of the slope above BNSF tracks will be secured by others. • Slope reconnaissance will be performed under BNSF flagger protection. BNSF flagger arrangements and flaggers required for Shannon & Wilson to perform the slope reconnaissance will be secured by others. • The south abutment/approach will consist of an embankment. • Foundations along the bridge and for the north abutment will be drilled shafts. • Site -specific response spectrum is not required. • No pavement design recommendations are required. • Contaminated soil or groundwater will not be encountered. • The north abutment will be founded on drilled shafts embedded in the slope. • The slope at the north abutment meets stability requirements (with regard to protecting the new bridge abutment). The configuration of the slope at the north abutment will not be significantly modified from its current condition, except as necessary to construct a shaft -supported abutment. • Analyses or preliminary engineering for a soldier pile (or similar) retaining wall or soil nail slope stabilization alternative, should they be considered, will not be performed. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 21 September 2017 Draft Scope of Work Packet Pg. 272 8.1.a SCOPE OF WORK (continued) Deliverables Deliverables for this task include: • Geotechnical Investigation Plan, submitted electronically • 30% Geotechnical Recommendations Report (draft and final), submitted electronically Task 12.5 — Design Plans and Estimates The Consultant shall develop and consolidate preliminary design plans with engineer's estimate. The plans list includes: • Horizontal Alignment and Vertical Profile of the crossing and approach structures • Right -of -Way and Survey Control Plans. • Site Preparation Plans • TESC Plans and Details • Roadway plans (beach side): Roadway Sections Roadway Drainage • Bridge and Wall Plans to include: Span layouts. Bridge deck and overlay material, thickness. Girder type and typical sections Column size and shape. Foundation size and type. Sidewalk, barrier, railing, etc. Bridge illumination Bridge abutment, wall plans and details. • Architectural plans (Via). • Wall plans and details. • Sunset Avenue slope stabilization. • Mixing zone/parking lot plans and details (Via). • Construction access and staging plans. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 22 September 2017 Draft Scope of Work Packet Pg. 273 8.1.a SCOPE OF WORK (continued) • Utilities relocation and protection plans (Tt). • Sunset Avenue intersection improvements: • Beach mitigation plans. • Maintenance of traffic plans (including railroads). • Ground improvement plans (if required). • Landscaping plans and details. The construction cost estimate includes: • Conceptual level quantity take -off. • Unit cost study. • Right-of-way. Develop a preliminary construction schedule to a sufficient level of detail that illustrates the staging of the project. Assumptions Assumptions for this task include: • No specifications will be prepared. Deliverables Deliverables for this task include: • Preliminary Design Plans • Response to comments on design plans. • Preliminary design level construction cost estimates. • Draft and final Design Memorandum • Response to comments on Design Memorandum. • Draft construction schedule. TASK 13 - ENVIRONMENTAL DOCUMENTATION Environmental documentation is intended to address compliance with the National Environmental Policy Act (NEPA), the State Environmental Policy Act (SEPA), Section 7 of the Endangered Species Act (ESA), Section 106 of the National Historic Preservation Act, Section 4(f) of the U.S. Department of Transportation Act, and Section 6(f) of the U.S. Land and Water Conservation Fund Act. This scope of work also assumes that the preliminary design phase will include the development of an application for a Shoreline Substantial Development Permit. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 23 September 2017 Draft Scope of Work Packet Pg. 274 8.1.a SCOPE OF WORK (continued) Task 13.1 — Verification of Requirements Upon selection of the Preferred Alternative, the Consultant shall coordinate with the City to confirm lead agency status. For the purpose of the environmental scope of work, it is assumed that the project will benefit from federal transportation funding and that the federal lead agency will be the Federal Highway Administration (FHWA). Then the Consultant shall develop a brief technical memorandum with an overview of the key environmental elements and recommendations regarding the appropriate level of documentation under NEPA, SEPA, ESA, Section 106, Section 4(f), and Section 6(f) for consideration by the City of Edmonds, WSDOT, and FHWA. Assumptions Assumptions for this task include: • The level of documentation will be as described in the scope that follows for each of the above areas. The project will not require the location of permanent structures waterward of Mean Higher High Water, will not require construction activities waterward of Mean Higher High Water, and thus will not directly affect aquatic habitat. The project will require the location of permanent structures landward of Mean Higher High within the shoreline area. Deliverables Deliverables for this task include: • Draft and final technical memorandum, submitted electronically. Task 13.2 — Documented Categorical Exclusion To comply with NEPA, this scope of work assumes that a Documented Categorical Exclusion (DCE) will suffice. It is assumed that the City will adopt NEPA to comply with SEPA and issue a Mitigated Determination of Nonsignificance. The Consultant shall incorporate the analyses conducted during alternative screening pertaining to ecological resources, visual quality, and hazardous waste in support of the preferred alternative described in the DCE. The results of the analyses will be submitted in draft and final reports. Detailed analyses regarding endangered species are covered under Task 13.3; cultural resources in Task 13.4; and Section 4(f)/6(f) resources in Task 13.5 These analyses will focus on the impacts that may result from the Preferred Alternative. The work will culminate with the preparation of a NEPA Categorical Exclusion Documentation Form. Ecological Resources Analysis The Consultant shall incorporate the ecological resources analysis completed during alternative screening that will include a brief description of existing habitat conditions and will identify species (including species that require special consideration under federal, state, or local regulations) that are known or expected to use habitats in the study area. The effects analyses for all ecosystem resources will describe the potential impacts of the Preferred Alternative and will assess the potential for significant impacts. A discussion of potential mitigation requirements for local, state, and federal permitting will be included. City project staff will conduct one review of the draft report for technical accuracy. Parametrix will make revisions in response to those reviewers' comments before submitting the deliverable to the appropriate reviewing agency. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 24 September 2017 Draft Scope of Work Packet Pg. 275 8.1.a SCOPE OF WORK (continued) Visual Quality Analysis The Consultant shall summarize the results of the visual quality analysis conducted during alternative screening, focusing on the impacts of the Preferred Alternative. Hazardous Materials Analysis The Consultant shall review the hazardous material layer of the WSDOT GIS Workbench and Washington State Department of Ecology Facility Site Atlas/ISIS database, and/or conduct an environmental regulatory database search. The database report will include a map depicting identified sites within 1/2 mile of the project area. Based on a more detailed look at the Preferred Alternative and potential methods of construction, the Consultant will evaluate the potential for the project to encounter hazardous materials. The findings will be documented in a technical memorandum. Categorical Exclusion Documentation Form The Consultant shall prepare a draft NEPA Categorical Exclusion Documentation Form. The form will rely on the findings of the discipline analyses completed as part of this scope of work, as well as the preliminary design of the Preferred Alternative. The City will review and the Consultant shall revise the form to address City comments. The City will be responsible for submitting the revised form to WSDOT. Assumptions Assumptions for this task include: • The project will not require the location of permanent structures waterward of Mean Higher High, will not require construction activity waterward of Mean Higher High and thus will not directly affect aquatic habitat. The project will require the location of permanent structures landward of Mean Higher High within the shoreline area. • No hazardous material sites will be identified that require additional investigations. Deliverables Deliverables for this task include: • Draft and final ecological resources analysis report, submitted electronically. • Draft and final technical memorandums pertaining to visual quality and hazardous materials, submitted electronically. • Draft and final NEPA Categorical Exclusion Form. Task 13.3 — Endangered Species Act The Consultant shall prepare a Biological Assessment (BA) to support compliance with ESA Section 7. The Biological Assessment will be prepared in accordance with the scope and quality requirements in the WSDOT Advanced Training Manual for Biological Assessment Preparation for Transportation Projects —Version 2017 and using WSDOT's Biological Assessment template. The analysis of potential project effects will be based on the preliminary design. The Consultant shall conduct a site visit and gather and synthesize existing information on pertinent environmental conditions in the project action area, including the distribution and timing of listed or proposed species. No surveys to document the presence or absence of individual species or to delineate specific habitats will be performed for this analysis. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 25 September 2017 Draft Scope of Work Packet Pg. 276 8.1.a SCOPE OF WORK (continued) Assumptions Assumptions for this task include: • The project will not require the location of permanent structures waterward of Mean Higher High and thus will not directly affect aquatic habitat. The project will require the location of permanent structures landward of Mean Higher High within the shoreline area. • The effects determination for ESA -listed species and critical habitat will be "not likely to adversely affect," and formal consultation with U.S. Fish and Wildlife Service and/or National Marine Fisheries Service (Services) will not be necessary. • The primary topics of analysis in the BA will be construction -related disturbance, temporary increases in sedimentation and turbidity, removal of shoreline riparian vegetation, and shading of riparian and aquatic habitats. • No additional analysis will be requested by the Services after the final BA has been submitted. Deliverables Deliverables for this task include • Draft and final BA, submitted electronically. Task 13.4 — National Historic Preservation Act Section 106 The Consultant will support compliance with Section 106 of the National Historic Preservation Act by providing the following services: Define Area of Project Effects (APE) - The Consultant will assist in defining the APE based on the preliminary design of the preferred alternative and prepare a work plan. An aerial map and topographic map of the APE will be included. The Consultant will also assist in drafting formal Section 106 consultation letters on behalf of WSDOT if requested. In keeping with WSDOT's procedures, the City will be responsible for submitting the map to WSDOT and Department of Archaeology and Historic Preservation (DAHP). This APE is subject to change depending upon refinement of the project design, and approval of WSDOT and DAHP. Refine Background Research - The Consultant will refine documentation results from background research developed during alternative screening to focus on the preferred alternative. Monitor Geotechnical Explorations —The Consultant will monitor geotechnical explorations in Task 12.4 to identify any subsurface cultural resources and obtain information about subsurface conditions that will guide placement of shovel and auger probes. Locate Utilities - Once the APE has been approved, and prior to archaeological fieldwork, the Consultant will arrange for utility locates to meet the requirements of Washington's new Underground Utilities regulations (RCW 19.122). This requires obtaining a locate survey for any type of excavation on public and private property that will exceed 12 inches in depth. Conduct Archaeological Inventory —The Consultant's archaeologists will conduct a surface and, where feasible, subsurface inventory of the APE. Field methods will be consistent with DAHP guidelines. Surface survey would be conducted along pedestrian transects in the upland and, as tides allow, in the aquatic area. Archaeological or City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 26 September 2017 Draft Scope of Work Packet Pg. 277 8.1.a SCOPE OF WORK (continued) historic resources identified in the surface survey will be photodocumented, described, and left in place. Subsurface testing, where feasible, would be conducted using manually excavated shovel and/or auger probes screened through %-inch mesh. Any subsurface archaeological resources identified will be photodocumented, described, and left in place. Any artifacts recovered during screening will be returned to their respective probes following documentation and not collected. Prepare Cultural Resources Technical Report - The Consultant will prepare a Cultural Resources Technical Report summarizing the results of the project. The report will reflect professional standards for format and content as expressed in DAHP guidelines. The Consultant will submit a draft of the report in PDF format to Parametrix for comment. The Consultant will make revisions to the draft report in response to those comments and will submit a revised draft for submittal to the City. Once the City has commented on the report, the Consultant will make any necessary revisions and submit an electronic version of the final report for submittal to WSDOT and DAHP. The report will include: • A description of the project and applicable laws and regulations • A summary of the results of the background literature and records research • The methods used during the fieldwork and the result, • A description of any cultural resources found • An evaluation of architectural resources over 45 years of age • A summary assessment of potential effects to any identified historically significant resources and extent to which the proposed project may affect the resource • Recommendations for completion of any additional cultural resources compliance obligations stemming from the results of our study, • A summary of project procedures that should be followed in the event of an unanticipated discovery of buried cultural materials or human remains during construction The report will include such tables, maps, photographs, and other graphics as are needed to depict the scope of the study and results. Forms for any recorded resources will be included in an appendix to the report. Assumptions • This scope does not include impact mitigation regarding archaeological or historic sites. • This scope assumes that no meetings with clients and/or stakeholders will be required. • This scope assumes that project proponents will arrange Right Of Entry for CRC to conduct field investigations. • This scope assumes that CRC's current levels of insurance coverage are sufficient for this project. • Subsurface testing will not be conducted in BNSF right-of-way. • If human remains are found within the project area, all CRC field investigations will cease immediately, proper authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 27 September 2017 Draft Scope of Work Packet Pg. 278 8.1.a SCOPE OF WORK (continued) Deliverables: • Draft Cultural Resources Technical Report provided as PDF. • Final Cultural Resources Technical Report provided as PDF. Task 13.5 — Section 4(f)/Section 6(f) The Consultant shall prepare a Programmatic Evaluation form as a Transportation Project That Has a Net Benefit to a Section 4(f) Property. As part of that evaluation, an alternatives analysis is required. The Consultant shall summarize the design alternatives considered for connecting Edmonds Street to the waterfront. The Consultant shall prepare a brief Technical Memorandum that describes how the proposed project is consistent with the intended purpose for acquiring the lands under the Land and Water Conservation Fund Act (LWCFA). Drafts of both documents will be submitted for concurrent review by the City of Edmonds, WSDOT, and FHWA. Final documents will address comments received. Assumptions Assumptions for this task include: • The project will benefit from federal transportation funding, triggering the need to comply with Section 4(f) of the U.S. Department of Transportation Act, due to potential impacts to North Brackett's Landing. • Through context -sensitive design, the project will qualify for a programmatic Section 4(f) evaluation as a Transportation Project That Has a Net Benefit to a Section 4(f) Property. The required alternatives analysis will summarize (1) the results of the previously prepared Access Study, and (2) the design alternatives screening completed for this location. No new alternatives analysis will be prepared. • As noted in the Section 106 task description above, the project will not affect properties containing significant cultural resources, triggering additional review under Section 4(f). • The project will be at least partially located on lands acquired with LWCFA grant funds. • The National Park Service or Washington Recreation and Conservation Office (RCO) will determine that the project does not represent a conversion of the recreational use of the Section 6(f) property. Thus no replacement property will be required. • If Brackett's Landing was acquired with any other RCO grants, the project will not represent a conversion of the intended purpose of the acquisition. Deliverables Deliverables for this task include: • Draft and final Section 4(f) Programmatic Evaluation, submitted electronically. • Draft and final technical memorandum addressing Section 6(f), submitted electronically. City of Edmonds SS4-2S77-823 Edmonds Street Waterfront Connector 28 September 2017 Draft Scope of Work Packet Pg. 279 8.1.a SCOPE OF WORK (continued) TASK 14 - FUNDING The Consultant will assist the City to identify, assess, and apply for external funding for the design and construction phases of the project. The Consultant will coordinate with and supplement the related efforts by the City's staff, elected officials, and lobbyists. Task 14.1 — Funding Strategy Known funding targets include USDOT's INFRA grant program, several federal programs administered by the PSRC, and WSDOT. The Consultant will research potential additional outside funding sources and identify target grants, potential amounts, relevance to the project needs, application schedules and requirements, and relative likelihood of success in obtaining funds. Planning activities will include on-line research, direct outreach to funding agencies, and coordination with the City. The Consultant will prepare a funding strategy memorandum documenting a prioritized set of funding targets with corresponding schedules of activities before, during, and after funding application windows. Task 14.2 — Grant Applications The Consultant will assist the City in preparing an application for fiscal year 2018 (FY18) grant funding under the United States Department of Transportation (USDOT) INFRA program. The application will be prepared requesting funding for design and construction phases to implement the Edmonds Street Waterfront Connector. The Consultant will lead the development of the grant application and supporting documentation for submittal to USDOT, coordinating with the Project Team and City staff in defining the scope of the funding request, and preparing the supporting benefit -cost analysis (BCA). The Consultant will assist the City in preparing one additional grant applications, to be selected from the targets identified in the funding strategy memorandum. Deliverables Deliverables for this task include: • One draft and one final funding strategy memorandum. • Periodic reports on funding agency contacts. • INFRA grant application. • Two additional grant applications. TASK 15 - MANAGEMENT RESERVE The Consultant will Provide additional services as requested by the City, but are currently not identified or separately budgeted in the tasks above. City of Edmonds 554-2577-823 Edmonds Street Waterfront Connector 29 September 2017 Draft Scope of Work Packet Pg. 280 Client: City of Edmonds Project: Edmonds Overcrossing Project No: 554-2577-823 8.1.b Parametrix CRCWA TKDA Enviro Issues Bruce Meyers Shannon Wilson Via Tierra ROW Tetra Tech Budget SummaryPhase / Task Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor Hours Cost Labor hours Cost Labor Hours Phase Task Description 01 Project Management $83,114.33 402 $3,077.29 33 $ 5,878.00 61 $4,755.96 18 0101 Project Management $9,267.91 44 0102 Monthly Core Meetings $27,088.65 104 $2,176.61 22 $4,755.96 18 0103 Subconsultant Coordination $13,858.40 96 0104 Consultant Team Meetings and Coordination $16,451.261 62 $296.81 3 0105 Monthly Progress Reports $9,503.76 68 $1,459.81 16 $3,404.58 36 0106 Quality Assurance $6,944.33 28 $1,617.48 17 02 Public Involvement $15,110.57 82 $ 59,033.14 629 $8,455.05 32 0201 Public Involvement and Communication Plan $510.13 2 $ 3,436.59 37 0202 Community Events and Engagement $14,600.44 80 $ 55,596.55 593 $0.00 32 03 Stakeholder Coordination $26,400.90 104 $33,448.35 186 $56,746.69 242 0301 Agency Stakeholder Engagement Plan $1,916.22 8 $0.00 $5,475.71 22 0302 Agency Stakeholder Coordination $24,484.68 96 $33,448.35 186 $51,270.98 220 04 Survey and Basemap $14,976.66 111 0401 Existing Conditions Survey $6,644.17 52 0402 Right Of Way and Boundary Research $8,332.50 59 05 Design Alternatives $88,715.66 464 $118.45 1 $5,696.67 61 0501 Basis of Design $18,896.17 96 $118.45 1 0502 Design Charrettes $19,272.02 94 0503 Vertical and Horizontal Alignment and Roadway Section $5,455.43 32 0504 Bridge Type, Size and Location (TS&L) Report $15,342.97 78 0505 Conceptual Constructability and Impacts Study $12,720.95 64 0506 Parking Lot and Mixing Zone Improvements $2,424.26 12 0507 Cost Estimates $14,603.86 88 $5,696.67 61 06 Architectural Collaboration $5,630.20 24 $84,005.56 754 07 Urban Design and Park Integration $2,040.53 8 $6,721.911 56 08 Art Collaboration $1,020.26 4 $5,000.00 50 09 Geotechnical Engineering and Input for Alternatives Evaluation $3,202.39 14 $14,448.12 98 0901 Collect and Review Geotechnical Info $488.92 13 0902 Concept Geology, Geotech, Workshops $1,975.56 40 0903 Technical Memo T $2,046.75 45 30 Environmental Evaluation for Alternatives Screening $31,220.43 186 $3,153.46 34 1001 Parks and recreation Resources $8,166.18 54 1002 Shoreline and Aquatic Habitat and Functions $8,923.78 54 1003 Visual Quality $7,407.50 44 1004 Cultural Resources $1,447.52 6 $3,153.46 34 1005 Transportation $5,275.45 28 11 Alternatives Evaluation and Screening $6,060.57 24 12 Preliminary engineering for The Preferred Alternative $96,305.75 560 $38,801.70 304 $16,159.71 114 1201 Basis of Design Update $10,800.861 56 1202 Stormwater Design and Report $1,971.83 10 $5,875.31 42 1203 Utilities Relocation and Protection during Construction $1,971.83 10 $6,189.13 40 1204 Geotechnical Input and Analysis for Preferred Alternative $5,802.23 26 1204-01 GIP / Geologic Reconnaissance $2,945.72 26 1204-02 Explorations, groundwater, laboratory $7,309.49 69 1204-03 Seismic design parameters $1,932.51 14 1204-04 Liquefaction analyses/GI methods $1,907.75 14 1204-05 Prelim Recomm for N & S abut $7,415.41 58 1204-06 Prelim Recomm for shafts $2,433.31 17 1204-07 Prelim Geotech Recommend Rpt $14,857.52 106 1205 Design Plans and Estimates $75,759.00 458 $4,095.25 32 13 Environmental Doucmentation $75,698.25 496 $7,201.34 77 1301 Verification of Requirements $4,342.321 26 1302 Documented Categorical Exclusion $31,516.64 216 1303 Endangered Species Act $22,796.42 146 1304 National Historic Preservation Act Section 106 $2,895.04 12 $7,201.34 77 1305 Section 4(f)/ Section 6(f) $14,147.82 96 14 Funding $3,997.93 24 $14,066.44 73 1401 Funding Strategy $1,020.26 4 $1,071.96 12 1402 Grant Applications $2,977.66 20 $3,683.75 61 EXP Expenses $10,299.99 $110.75 $10,500.00 $ 4,639.00 $685.00 $26,177.00 $470.00 $64.20 $481.50 Labor Subtotal $463,794.42 2503 $13,661.29 145 $43,948.35 186 $ 69,550.14 690 $5,685.00 50 $79,426.82 402 $91,197.47 810 $5,760.87 61 $100,665.35 479 Project Totals: $873,689.71 5326 Management Fee 5% $43,684.49 Project Total with Management Fee $917,374.19 r a Packet Pg. 281 8.2 City Council Agenda Item Meeting Date: 10/24/2017 Wayside Horn & BNSF Agreements (10 min) Staff Lead: Rob English Department: Engineering Preparer: Katie MacCaul Background/History On September 15, 2015, Council approved the Professional Services Agreement with Quiet Zone Technologies (QZT) for the Wayside Horn project. Staff Recommendation Forward the item to the consent agenda for approval at the November 6th, City Council meeting. Narrative Main St. and Dayton St. are two at -grade railroad crossings with on -going noise from the train horn with the more than sixty daily train crossings from Sounder Commuter, Amtrak, and Freight (BNSF) trains. The Wayside Horn will help reduce noise levels throughout the Downtown Edmonds area. QZT was hired in July 2015 to complete the design phase and the plans were recently completed through on -going conversations with BNSF over the last two years. Since the majority of the system will be within BNSF right-of-way, easements also needed to be obtained. BNSF, WSDOT, Sound Transit, and Utilities & Transportation Commission (UTC) were involved in the design phase through several stakeholder meetings. In addition to most of the work completed by the contractor, BNSF will need to install certain items (such as advanced detection at both crossings). The purpose of these agreements is to provide for the installation, ownership, and maintenance of the Wayside Horn System at both crossings to the City of Edmonds. The total project cost is approximately $339,000. Attachments Main St. Agreement Dayton St. Agreement Total project cost Attachments: BNSF Agreement for Dayton St. RR Crossing BNSF Agreement for Main St. RR Crossing Total Project Cost Packet Pg. 282 8.2.a WAYSIDE HORN AGREEMENT BNSF File No.: BF10012007 Mile Post 17.429 Line Segment 50 U.S. DOT Number 085439G Scenic Subdivision THIS WAYSIDE HORN AGREEMENT (hereinafter called, this "Agreement"), is entered into effective as of ("Effective Date"), by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF"), and Edmonds Public Works a municipal corporation, (hereinafter called, the "Agency"). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at the at -grade crossing on Dayton Street, as indicated on Exhibit A attached hereto and made a part hereof, and WHEREAS, the Agency is installing its automated horn system pursuant to the requirements of 49 CFR Part 222, (hereinafter called, "Wayside Horn System") with the existing automatic grade crossing warning devices shown on Exhibit A subject to the mutual covenants contained in this Agreement. Packet Pg. 283 8.2.a NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. PURPOSE The purpose of this Agreement is as follows: provide for the ownership, installation and maintenance by Agency or its contractor of the Wayside Horn System and other related improvements at the Dayton Street at -grade crossing. 2. SCOPE OF WORK a. The Agency must provide BNSF in writing with the total preempt cycle time required from the start of the preempt cycle of Wayside Horn until the arrival of the train at the highway -rail crossing. b. BNSF will provide an interface box with contact terminals, at Agency's expense, on the side of the railroad instrument cabin. c. Agency or its contractor will place all necessary cable and conduit and horn confirmation signage ("Confirmation X") on BNSF property in accordance with Exhibit A, attached to and made a part of this Agreement. Packet Pg. 284 8.2.a d. The Agency or its contractor will connect the Wayside Horn System control signals to the contact terminals in the interface box including all necessary cable and conduit. e. BNSF will provide flagging services, at Agency's sole expense, necessary to protect BNSF train operations or BNSF property as set forth in more detail on Exhibit C attached to and made a part of this Agreement. i The Agency or its contractor must install the new Wayside Horn System. g. An estimate of the actual costs for BNSF work (excluding flagging, which will depend upon contractor's activities) is shown on Exhibit B attached to and made a part of this Agreement. In the event installation of the improvements has not commenced within six (6) months following the Effective Date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. If the cost estimates are revised, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. h. The Agency must pay BNSF for the actual costs of any work performed by BNSF under this Agreement within thirty (30) days of the date of the invoice for such work, including flagging costs. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs including flagging costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any Packet Pg. 285 8.2.a unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the Wayside Horn System with the grade crossing warning devices. b. BNSF will operate and maintain, at its expense, the grade crossing warning devices up to the contact terminals in the interface box. c. The Agency or its contractor must, at the Agency's expense, install the Way -Side Horn System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the Wayside Horn System, the Agency will own, operate and maintain, at its expense, the Wayside Horn System up to and including connection to the contact terminals in the in the interface box including all necessary cable and conduit. When any such maintenance requires BNSF flagging or changes to BNSF contact terminals, Agency or its designate shall pay BNSF for all costs associated with such work e. The Agency shall maintain the Wayside Horn System in a good and operative condition and in accordance with all applicable laws and regulations, including without limitation Appendix E of 49 CFR Part 222. £ Through this Agreement, BNSF does not waive any rights it may have under existing federal law to sound the locomotive horn in case of emergency, when the Wayside Horn System is malfunctioning, when active grade crossing warning devices have Packet Pg. 286 8.2.a malfunctioned, when roadway workers are present or when grade crossing warning systems are temporarily out of service during inspection, maintenance, or testing of the system or as is otherwise necessary in the sole opinion of BNSF. g. In the event Agency defaults on any of its obligations hereunder, including without limitation, Agency's obligation to maintain the Wayside Horn System in good and operative condition, BNSF, may, at its option, remove the Wayside Horn System at the sole cost and expense of Agency. Upon removal of the Wayside Horn System, BNSF shall resume sounding the locomotive horn at the Dayton Street grade crossing. h. In the event BNSF incurs flagging or regulatory compliance expense related to a failure of the Agency's systems or equipment, Agency agrees to reimburse BNSF for the full amounts expended 4. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications or utility companies may be buried on BNSF's property or right- of-way. The Agency or its contractor must contact appropriate personnel to have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF at and the telecommunications or utility companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. b. Failure to mark or identify Lines will be sufficient cause for BNSF to stop construction at no cost to BNSF until these items are completed. Packet Pg. 287 8.2.a c. In addition to the liability terms contained elsewhere in this Agreement and to the fullest extent provided by law, Agency and its contractor hereby indemnify, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree contribute to: (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right-of-way; (2) any injury to or death of any person employed by or on behalf of (a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility company(ies). THE LIABILITY ASSUMED BY AGENCY OR ITS CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. d. Agency or its contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the installation or construction of the improvements. Agency and/or its Contractor must cooperate fully with any telecommunications or utility company(ies) in performing such rearrangements. 5. INDEMNIFICATION a. Agency hereby indemnifies, defends and holds harmless BNSF for, from and against any and all claims, suits, losses, damages, costs and expenses for injury to or death to Packet Pg. 288 8.2.a third parties or BNSF's officers and employees, and for loss and damage to property belonging to any third parties (including damage to the property of BNSF officers and employees), to the extent caused by the negligence of the Agency or any of its employees, agents or contractors. The Agency also releases BNSF from and waives any claims for injury or damage to the Agency's highway traffic control signals, the Wayside Horn System, or other equipment which may occur as a result of any of the work provided for in this Agreement or the operation or the maintenance thereafter of any of the Agency's highway Wayside Horn System, the traffic control signals, cables, connections at and about the grade crossing. b. To the fullest extent permitted by law, Agency hereby releases, indemnifies, defends and holds harmless BNSF and BNSF's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, employees and agents for, from and against any and all claims, suits, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys fees and court costs) for injury to or death to Agency employees, agents or representatives arising out of, resulting from or related to any act or omission of Agency or any work performed on or about BNSF's property or right-of-way, including without limitation, the installation and maintenance of the Wayside Horn System by the Agency. THE LIABILITY ASSUMED BY THE AGENCY IN THIS PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BNSF. c. Agency further agrees to release, indemnify and hold harmless BNSF for damages resulting from any labor claims under BNSF's collective bargaining agreements (and including attorneys' fees and court costs and expenses, if the subject of litigation) brought as a consequence of Agency's installation or Packet Pg. 289 8.2.a maintenance of the Horn System, or otherwise from implementation of the terms of this Agreement. d. The Agency further agrees, at its expense, in the name and on behalf of BNSF, that it will adjust and settle any claims made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by the Agency under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Agency, and the Agency must defend, adjust or settle such suits and protect, indemnify, and save harmless BNSF from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. 6. AGENCY's CONTRACTOR REQUIREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit C attached to and made a part of this Agreement. The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements". No work will be commenced within BNSF's property or right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; b. Prior to entering BNSF property, each person providing labor, material, supervision or services connected with the work to be performed on or about BNSF property must complete the safety training program (hereinafter called "BNSF Contractor Safety Orientation") at the following internet website: "www.BNSFContractor.com". Agency must ensure that each of its contractors, employees, subcontractors, agents or Packet Pg. 290 8.2.a invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. c. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BSNF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. 7. INSURANCE Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: Contractors and/or agents must procure and maintain the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability Packet Pg. 291 8.2.a ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired Packet Pg. 292 8.2.a The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment Packet Pg. 293 8.2.a ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, any self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway Packet Pg. 294 8.2.a liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF e,certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Packet Pg. 295 8.2.a Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. Packet Pg. 296 8.2.a 8) For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's Packet Pg. 297 8.2.a sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 9) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit C attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (hqp://www.bnsf.com/communities/fags/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 10) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or Packet Pg. 298 8.2.a subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative (BNSF Roadmaster 206-625-6462) four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Packet Pg. 299 8.2.a Q Packet Pg. 300 8.2.a IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY Printed Name: Title: City of Edmonds Printed Name: Title: Packet Pg. 301 a m m x g � N DDD➢n �Am�2 22=2�y=A�m n,w � rg NmmzZ o'^ omm5m m��or . .v •off Zom`d� NW N (I�NN� AFA—�l zg��g � mz-ac�z Z am2�cmi v a� n_AAc� T I APPROX 5 III I III III III III III I III I II II II II II III III III III III III I III III III I III III III III III I III III III I III III III III III I I rl I ICI I Iml Z I hI I I=1 I NI III III I III III III I o III m III A III � III III I III III III I III � STOP I Packet Pc CEPS PLAN ITEM DOCUMENT 8.2.a (FOR INTERNAL BNSF RAILWAY USE ONLY) LOCATION: EDMONDS LINE SEGMENT: 50 AFE NUMBER: PLANITEM NUMBER: 000271513 MILEPOST: 17.43 RFA NUMBER: PROPERTY OF: BNSF RAILWAY COMPANY DIVISION: NW CPAR NUMBER: OPERATED BY: BNSF RAILWAY COMPANY SUBDIVISION: SCENIC BUDGET YEAR : 2016 JOINT FACILITY: CITY OF EDMONDS WA ENGR. DIVISION: NORTHWEST NORTH BUDGET CLASS: 10 % BILLABLE (+/-) : 100.0 TAX STATE: WA, CO: SNOHOMISH REPORTING OFFICE: 461 REQUESTOR ID: Q816 MATL DATE: SPONSOR: VP ENGINEERING PROJECT TYPE: SPP LOCATION CODE: 511015 DEPT CODE: MOWGH DOT NUMBER: 085439G TRACK TYPE: 1 DERAILMENT CODE: STIMULUS FUND TYPE: FHWA STIMULUS STATUS: BUY AMERICAN -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PURPOSE, JUSTIFICATION AND DESCRIPTION DAYTON ST - EDMONDS, WA; INSTALL ADVANCED PREEMPTION; NORTHWEST DIV; SCENIC SUBDIV; LS 50; MP 17.43; DOT# 085439G; SEQ# 59181. MONTHLY POWER UTILITY COST CENTER: 61504. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. ******************************* SIGNAL WORK ONLY ******************************* THE CITY OF EDMONDS, WA IS FUNDING 100% OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 26,460 26,460 MATERIAL COSTS 0 0 0 0 12,113 12,113 OTHER COSTS 0 0 0 0 12,059 12,059 TOTALS 0 0 0 0 %632 50,632 SYSTEM MAINTENANCE AND PLANNING ESTIMATE REF. NUMBER: 000271513 - 2--2S COSTING DATE : 01/13/2016 PRINTED ON: 03/22/2016 ESTIMATED BY: WALKER PRINTED BY: WALKER Page 1 of 3 Packet Pg. 30; 8.2.a ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF EDMONDS WA LOCATION EDMONDS DETAILS OF ESTIMATE PLAN ITEM: 000271513 VERSION: 2 PURPOSE, JUSTIFICATION AND DESCRIPTION DAYTON ST - EDMONDS, WA; INSTALL ADVANCED PREEMPTION; NORTHWEST DIV; SCENIC SUBDIV; LS 50; MP 17.43; DOT# 085439G; SEQ# 59181. MONTHLY POWER UTILITY COST CENTER: 61504. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. SIGNAL WORK ONLY THE CITY OF EDMONDS, WA IS FUNDING 100 % OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** SIGNAL FIELD LABOR - CAP 280.0 MH 8,633 PAYROLL ASSOCIATED COSTS 5,670 DA OVERHEADS 8,383 EQUIPMENT EXPENSES 2,325 INSURANCE EXPENSES 1,449 TOTAL LABOR COST 26,460 26,460 MATERIAL ************* W MP 17.21 - BATTERY CHOKE 1.0 EA N 340 W MP 17.21 - CABLE, 2C/6 TW 300.0 FT N 360 W MP 17.21 - CONVERTER, 2TC 1.0 EA N 324 W MP 17.21 - FIELD MATERIAL 1.0 LS N 1,500 W MP 17.21 - RELAY, TRACK 1.0 EA N 1,000 X DAY - ADV PREEMPT KIT 1.0 EA N 7,433 USE TAX 1,021 OFFLINE TRANSPORTATION 135 TOTAL MATERIAL COST 12,113 12,113 OTHER ********** CONTRACT ENGINEERING 1.0 LS N 7,000 TOTAL OTHER ITEMS COST 7,000 7,000 PROJECT SUBTOTAL 45,573 CONTINGENCIES 4,557 BILL PREPARATION FEE 502 GROSS PROJECT COST 50,632 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 50,632 Page 3 of 3 Packet Pg. 3N 8.2.a EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right o of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of U Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the N following events take place: (i) Contractor (or any of its subcontractors) performs the Project o work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in o a manner which is hazardous to Railway property, facilities or the safe and expeditious `o movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered a to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the vi Temporary Construction License, or (iii) the Easement, Railway may immediately terminate m the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the a) work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: a Packet Pg. 305 8.2.a 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.06 The Contractor must notify City of Edmonds at and Railway's Manager Public Projects, telephone number (206) 625-6152 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations U located with any part of the excavations located within, whichever is greater, twenty-five (25) `o feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 = as horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest a track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two S sets of structural calculations of any falsework, shoring or cribbing. For all excavation and c shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must U be used for determining the design loading conditions to be used in shoring design, and all W calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines r for Temporary Shoring". All submittal drawings and calculations must be stamped by a N registered professional engineer licensed to practice in the state the project is located. All r calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously L known as American Railway Engineering Association) Coopers E-80 live loading standard. ,° All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work E until notified by the Railway that plans have been approved. The Contractor will be required a to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results U_ obtained by the implementation of said approved plans. Z • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com. The Packet Pg. 306 8.2.a Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Justin Lopez (206- 625-6363) and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. c .y • 1.03.03 The Contractor must abide by the following temporary clearances during c construction: ci ■ 15-0" Horizontally from centerline of nearest track ■ 2V-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts r ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 0 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to m°, 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 E volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained ■ 25' Horizontally from centerline of nearest track ■ 23' 6" Vertically above top of rail 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Edmonds and must not be undertaken until approved in writing by the Railway, and until the City of Edmonds has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for Packet Pg. 307 8.2.a protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Edmonds for approval before work is undertaken and this work must not be undertaken until approved by the Railway. 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, `o oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited = as and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) a 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. c • 1.03.10 The Contractor upon completion of the work covered by this contract, must c promptly remove from the Railway's Property all of Contractor's tools, equipment, L) implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must r cause Railway's Property to be left in a condition acceptable to the Railway's representative. cn 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad Packet Pg. 308 8.2.a under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.eVerifile.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its `o employees, subcontractors or agents to perform services hereunder who are not first = a) approved under e-RAILSAFE Program standards. Railroad shall have the right to deny :2 entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e- RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may y pose a threat to the safety or security of Railroad's operations, assets or personnel. c L U Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and N appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (telephone 206-625-6462) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: 1.05.02a When, upon inspection by Railway's Representative, other Packet Pg. 309 8.2.a conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 1.05.03c The cost of flagger services provided by the Railway will be borne by City of Edmonds. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. 1.05.03d The average train traffic on this route is freight trains per 24-hour period at a timetable speed MPH and passenger trains at a timetable speed of MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work Packet Pg. 310 8.2.a performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. c • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under c suspicion of being under the influence of drugs or alcohol, or in the possession of same, will U be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that r employee will be denied. cn 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro- reflective work wear. The Railway's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE Packet Pg. 311 8.2.a — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. c 1.06.12 All power line wires must be considered dangerous and of high voltage unless c informed to the contrary by proper authority. For all power lines the minimum clearance L) between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 r KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be N maintained. A person must be designated to observe clearance of the equipment and give r a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. L 1.07 Excavation: 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (Stephen Semenick 206-625-6152). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on Packet Pg. 312 8.2.a drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, -- wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of y such discovery: (b) take safeguards necessary to protect its employees, subcontractors, o agents and/or third parties: and (c) exercise due care with respect to the release, including L) the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Packet Pg. 313 8.2.a NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train Q ❑ Non -employee (N) (: e., emu afanather rai/road, gr, non BNSf emp involved in vehic% accident, incladmg company vehicles) ❑ Contractor/safety sensitive (F) ❑ Contractor/non-safety sensitive (G) ❑ Volunteer/safety sensitive (H) ❑ Volunteer/other non -safety sensitive (1) ❑ Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates ❑ Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates ❑ Non -trespasser M - Off railroad property If train involved, Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-8OO-1197-1173G or email to: Accident-Reportinq.CenterMBNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Packet Pg. 314 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. I. Accident City/St: 2. Date: Time: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment: 5. Driver's License No (and state) or other ID: B. Name (last, first, mi): 7. Address: S. Date of Birth: Shone Number: 9. Injury: (i.e., Laceration, etc.) II. Description of Accident (To include location, action, result, etc.): 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr. Name: 14. Dr. Address: Street: 15. Hospital Name: IG. Hospital Address: Street: 17. Diagnosis: SSN (required): City: St: and/or Age: Gender: (if available) Employer: 10. Body Part: Citv: City: Date: Zip: (i.e., Hand, etc.) St: Zip: St: Zip: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Packet Pg. 315 EXHIBIT "C-1" $ 2 a Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: <%Contractor. Legal Name%> [Insert contractor's legal name here](hereinafter called r "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated 201_, ['Drafter's Note: insert the date of the contract between the Agency E and the Contractor here] with City of Edmonds for the performance of certain work in connection with the following project: Performance of such work will necessarily require a Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and n property (hereinafter called "Railway Property"). The Agreement provides that no work will be m commenced within Railway Property until the Contractor employed in connection with said work for c City of Edmonds (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) _ provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice >04 President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is 3: empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway o Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, U has agreed and does hereby agree with Railway as follows: r 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or L 40- death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or E any of Contractor's subcontractors' acts or omissions or any work performed on or about 2 Railway's property or right-of-way. a U- U) This obligation shall not include such claims, costs, damages, or expenses which may m be caused by the sole negligence of Railway or its contractors, agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or employees and (b) Contractor, its subcontractors, agents or employees, this provision a shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, agents or employees. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor's employees against Railway, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. Packet Pg. 316 2) 3) THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDE CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations c a� E a U- U) z m L 0 x a� .y N 0 L U d' d' r N 0 r 0 0 L .0 r c a� E a U- z m c E 0 a Packet Pg. 317 This policy shall also contain the following endorsements, which shall be indicated certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. L No other endorsements limiting coverage as respects obligations under this_Agreement may be included on the policy with regard to the work being performed under this z agreement. 0° L B. Business Automobile Insurance. This insurance shall contain a combined single limit of at ° least $1,000,000 per occurrence, and include coverage for, but not limited to the following: N ° ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be .y N indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. c ° ♦ Separation of insureds. o ♦ The policy shall be primary and non-contributing with respect to any insurance `o carried by Railway. a� E C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: a ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) U_ z in which the work is to be performed. If optional under State law, the insurance must m cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. a This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. Packet Pg. 318 A. Railroad Protective Liability insurance naming only the Railway as the Insure 8 2 a coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, any self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF(a-certfocus.com www.certfocus.com a Packet Pg. 319 8.2.a Contractor shall notify Railway in writing at least 30 days prior to any cancellation, renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance W coverage required by this Agreement. a Not more frequently than once every five years, Railway may reasonably modify the required U_ z insurance coverage to reflect then -current risk management practices in the railroad industry m and underwriting practices in the insurance industry. c x If any portion of the operation is to be subcontracted by Contractor, Contractor shall require a� that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. y 0 L Failure to provide evidence as required by this section shall entitle, but not require, Railway to L) terminate this Agreement immediately. Acceptance of a certificate that does not comply with W this section shall not operate as a waiver of Contractor's obligations hereunder. v� c 0 The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor tv shall not be deemed to release or diminish the liability of Contractor including, without o limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by w° r Railway shall not be limited by the amount of the required insurance coverage. E In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor a) a� will make available any required policy covering such claim or lawsuit. a U_ These insurance provisions are intended to be a separate and distinct obligation on the part of m the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. a For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Packet Pg. 320 Sales Taxes that Contractor separately states on the invoice or other billing docu $ 2 a provided to Railway; provided, however, that (i) nothing herein shall preclude Railwa claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/fags/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from a Packet Pg. 321 any unscheduled delay to a freight or passenger train which affects Railway's ability t $ 2 a utilize its equipment and to meet customer service and contract obligations. Contractor billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service E commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties a or other contractual economic losses actually incurred by Railway which are attributable to a z train delay caused by Contractor or its subcontractors. m L The contractual relationship between Railway and its customers is proprietary and confidential. _ In the event of a train delay covered by this Agreement, Railway will share information relevant :42' to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate 3: the actual costs of train delay pursuant to this agreement. .y Contractor and its subcontractors must give Railway's representative (Marshall Flores 206- o 625-6462) four (4) weeks advance notice of the times and dates for proposed work windows. L) Railway and Contractor will establish mutually agreeable work windows for the project. W Railway has the right at any time to revise or change the work windows due to train operations N or service obligations. Railway will not be responsible for any additional costs or expenses o resulting from a change in work windows. Additional costs or expenses resulting from a tv change in work windows shall be accounted for in Contractor's expenses for the project. L O Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. E a� L Q U- N MZ W r E Q Packet Pg. 322 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be execute $ 2 a duly authorized officer the day and year first above written. <%Contractor. Legal Name%> BNSF Railway Company By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: By: Name: Manager Public Projects Accepted and effective this day of 20. E L Q U_ U) Z m `O x m .N .y N O L U d' d' r N c O r A R L O r E L Q LL N MZ W r E Q Packet Pg. 323 8.2.b WAYSIDE HORN AGREEMENT BNSF File No.: BF10012009 Mile Post 17.659 Line Segment 50 U.S. DOT Number 085445K Scenic Subdivision THIS WAYSIDE HORN AGREEMENT (hereinafter called, this "Agreement"), is entered into effective as of ("Effective Date"), by and between BNSF Railway Company, a Delaware Corporation (hereinafter called, "BNSF"), and Edmonds Public Works a municipal corporation, (hereinafter called, the "Agency"). WITNESSETH WHEREAS, BNSF has grade crossing warning devices located at the at -grade crossing on Main St (SR 104), as indicated on Exhibit A attached hereto and made a part hereof, and WHEREAS, the Agency is installing its automated horn system pursuant to the requirements of 49 CFR Part 222, (hereinafter called, "Wayside Horn System") with the existing automatic grade crossing warning devices shown on Exhibit A subject to the mutual covenants contained in this Agreement. Packet Pg. 324 8.2.b NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT in c a) E as d L IM Q LL 1. PURPOSE z m c L O The purpose of this Agreement is as follows: provide for the ownership, installation and N maintenance by Agency or its contractor of the Wayside Horn System and other related improvements at the Main St (SR 104) at -grade crossing. _ 2. SCOPE OF WORK a. The Agency must provide BNSF in writing with the total preempt cycle time required from the start of the preempt cycle of Wayside Horn until the arrival of the train at the highway -rail crossing. b. BNSF will provide an interface box with contact terminals, at Agency's expense, on the side of the railroad instrument cabin. c. Agency or its contractor will place all necessary cable and conduit and horn confirmation signage ("Confirmation X") on BNSF property in accordance with Exhibit A, attached to and made a part of this Agreement. Packet Pg. 325 8.2.b d. The Agency or its contractor will connect the Wayside Horn System control signals to the contact terminals in the interface box including all necessary cable and conduit. e. BNSF will provide flagging services, at Agency's sole expense, necessary to protect BNSF train operations or BNSF property as set forth in more detail on Exhibit C attached to and made a part of this Agreement. i The Agency or its contractor must install the new Wayside Horn System. g. An estimate of the actual costs for BNSF work (excluding flagging, which will depend upon contractor's activities) is shown on Exhibit B attached to and made a part of this Agreement. In the event installation of the improvements has not commenced within six (6) months following the Effective Date of this Agreement, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth on Exhibit B. If the cost estimates are revised, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of the Agency, which approval will not be unreasonably withheld. h. The Agency must pay BNSF for the actual costs of any work performed by BNSF under this Agreement within thirty (30) days of the date of the invoice for such work, including flagging costs. During the construction of the improvements, BNSF may send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Upon completion of the improvements and all associated work, BNSF will send Agency a detailed invoice of final costs including flagging costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any Packet Pg. 326 8.2.b unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 3. CONSTRUCTION AND MAINTENANCE a. BNSF will operate and maintain, at its expense, the necessary relays and the other materials required to preempt the Wayside Horn System with the grade crossing warning devices. b. BNSF will operate and maintain, at its expense, the grade crossing warning devices up to the contact terminals in the interface box. c. The Agency or its contractor must, at the Agency's expense, install the Way -Side Horn System up to and including connection to the contact terminals in the interface box including all necessary cable and conduit. d. Following installation of the Wayside Horn System, the Agency will own, operate and maintain, at its expense, the Wayside Horn System up to and including connection to the contact terminals in the in the interface box including all necessary cable and conduit. When any such maintenance requires BNSF flagging or changes to BNSF contact terminals, Agency or its designate shall pay BNSF for all costs associated with such work e. The Agency shall maintain the Wayside Horn System in a good and operative condition and in accordance with all applicable laws and regulations, including without limitation Appendix E of 49 CFR Part 222. £ Through this Agreement, BNSF does not waive any rights it may have under existing federal law to sound the locomotive horn in case of emergency, when the Wayside Horn System is malfunctioning, when active grade crossing warning devices have Packet Pg. 327 8.2.b malfunctioned, when roadway workers are present or when grade crossing warning systems are temporarily out of service during inspection, maintenance, or testing of the system or as is otherwise necessary in the sole opinion of BNSF. g. In the event Agency defaults on any of its obligations hereunder, including without limitation, Agency's obligation to maintain the Wayside Horn System in good and operative condition, BNSF, may, at its option, remove the Wayside Horn System at the sole cost and expense of Agency. Upon removal of the Wayside Horn System, BNSF shall resume sounding the locomotive horn at the Main St (SR 104) grade crossing. h. In the event BNSF incurs flagging or regulatory compliance expense related to a failure of the Agency's systems or equipment, Agency agrees to reimburse BNSF for the full amounts expended 4. PROTECTION OF UNDERGROUND SYSTEMS a. Agency and its contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications or utility companies may be buried on BNSF's property or right- of-way. The Agency or its contractor must contact appropriate personnel to have the Lines located and make arrangements with the owner of the Lines regarding protective measures that must be followed prior to the commencement of any work on BNSF's property. The Agency or its contractor will be responsible for contacting BNSF at and the telecommunications or utility companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The Agency or its contractor must also mark all Lines in order to verify their locations. Agency or its contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. b. Failure to mark or identify Lines will be sufficient cause for BNSF to stop construction at no cost to BNSF until these items are completed. Packet Pg. 328 8.2.b c. In addition to the liability terms contained elsewhere in this Agreement and to the fullest extent provided by law, Agency and its contractor hereby indemnify, defend and hold harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Agency or its contractor, subcontractors, agents and/or employees that cause or in any way or degree contribute to: (1) any damage to or destruction of any Lines on BNSF's property or within BNSF's right-of-way; (2) any injury to or death of any person employed by or on behalf of (a) any telecommunications or utility company, (b) Agency's contractor or subcontractors, or (c) Agency, and (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunications or utility company(ies). THE LIABILITY ASSUMED BY AGENCY OR ITS CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR SOLE NEGLIGENCE OF BNSF. d. Agency or its contractor will be responsible for the rearrangement of any facilities or Lines determined to interfere with the installation or construction of the improvements. Agency and/or its Contractor must cooperate fully with any telecommunications or utility company(ies) in performing such rearrangements. 5. INDEMNIFICATION a. Agency hereby indemnifies, defends and holds harmless BNSF for, from and against any and all claims, suits, losses, damages, costs and expenses for injury to or death to third parties or BNSF's officers and employees, and for loss and damage to property belonging to any third parties (including damage to the property of BNSF officers and employees), to the extent caused by the negligence of the Agency or any of its employees, agents or contractors. The Agency also releases BNSF from and waives any claims for injury or damage to the Agency's highway traffic control signals, the Packet Pg. 329 8.2.b Wayside Horn System, or other equipment which may occur as a result of any of the work provided for in this Agreement or the operation or the maintenance thereafter of any of the Agency's highway Wayside Horn System, the traffic control signals, cables, connections at and about the grade crossing. b. To the fullest extent permitted by law, Agency hereby releases, indemnifies, defends and holds harmless BNSF and BNSF's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, employees and agents for, from and E against any and all claims, suits, liabilities, losses, damages, costs and expenses L tM (including, without limitation, attorneys fees and court costs) for injury to or death to Q Agency employees, agents or representatives arising out of, resulting from or related z to any act or omission of Agency or any work performed on or about BNSF's m property or right-of-way, including without limitation, the installation and `0 x maintenance of the Wayside Horn System by the Agency. THE LIABILITY ASSUMED BY THE AGENCY IN THIS PROVISION WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, n SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF BNSF. c. Agency further agrees to release, indemnify and hold harmless BNSF for damages resulting from any labor claims under BNSF's collective bargaining agreements (and including attorneys' fees and court costs and expenses, if the subject of litigation) brought as a consequence of Agency's installation or maintenance of the Horn System, or otherwise from implementation of the terms of this Agreement. d. The Agency further agrees, at its expense, in the name and on behalf of BNSF, that it will adjust and settle any claims made against BNSF and will appear and defend any suits or actions at law or in equity brought against BNSF on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by the Agency under this Agreement for which BNSF is alleged to be liable. BNSF will give notice to the Agency in writing of the receipt of pendency of such claims and thereupon the Agency must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against BNSF, BNSF may forward the summons and complaint or process in connection therewith to the Packet Pg. 330 8.2.b Agency, and the Agency must defend, adjust or settle such suits and protect, indemnify, and save harmless BNSF from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. 6. AGENCY's CONTRACTOR REQUIREMENTS a. While on or about BNSF property, Agency and its contractors must fully comply with BNSF's "Contractor Requirements" set forth in Exhibit C attached to and made a part of this Agreement. The "Contractor Requirements" include clearance requirements and personal protective equipment requirements. Agency and its contractors will be responsible for becoming familiar with BNSF's "Contractor Requirements". No work will be commenced within BNSF's property or right-of-way until each of the prime contractors employed in connection with said work must have (i) executed and delivered to BNSF an agreement in the form of Exhibit C-1, and (ii) delivered to and secured BNSF's approval of the required insurance; b. Prior to entering BNSF property, each person providing labor, material, supervision or services connected with the work to be performed on or about BNSF property must complete the safety training program (hereinafter called "BNSF Contractor Safety Orientation") at the following internet website: "www.BNSFContractor.com". Agency must ensure that each of its contractors, employees, subcontractors, agents or invitees completes the BNSF Contractor Safety Orientation before any work is performed under this Agreement. Additionally, Agency must ensure that each and every contractor, employee, subcontractor, agent or invitee possesses a card certifying completion of the BNSF Contractor Safety Orientation prior to entering BNSF property. Agency must renew the BNSF Contractor Safety Orientation annually. c. Prior to entering BNSF property, Agency or its contractors must prepare and implement a safety action plan acceptable to BSNF. Agency must audit compliance with the plan during the course of Agency's work. A copy of the plan and audit results must be kept at the work site and will be available for inspection by BNSF at all reasonable times. Packet Pg. 331 8.2.b 7. INSURANCE Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: Contractors and/or agents must procure and maintain the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. Packet Pg. 332 8.2.b ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. Packet Pg. 333 8.2.b C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. A. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. Packet Pg. 334 8.2.b In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, any self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: Packet Pg. 335 8.2.b BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF(a),certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non - renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the Packet Pg. 336 8.2.b subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean `Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 8) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any Packet Pg. 337 8.2.b amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to L collect at the time of payment by Railway of invoiced amounts (except where Railway Q claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate m invoices for each state in which Contractor delivers goods, provides services or, if c applicable, transfers intangible rights to Railway. _ as .N Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to N pay under this Agreement have been paid. If a written claim is made against Contractor o U for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to M contest, protest, or claim a refund, in Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under ,o this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway's E sole cost and expense, contest in Contractor's own name the validity, applicability or a, amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. Packet Pg. 338 8.2.b 9) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit C attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/fags/hermits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 10) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not Packet Pg. 339 8.2.b meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative (Marshall Flores 206-625-6462) four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Packet Pg. 340 8.2.b IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BNSF RAILWAY COMPANY ME Printed Name: Title: City of Edmonds ME Printed Name: Title: Packet Pg. 341 EXHIBIT A x 100' CL M1 I 8.2.b I TO EDMONDS FERRY DOCK rn E d d L 4 � MZA.� W RAILROAD AVE. O 2 r y L 5C/P4 I a xo 4 MAIN 1 I � I C -------------------------------- -- ------a------ -------------- - ----------------------- ---------------------------- ——1---1---tM15C714 — — -----------------LFUNRE MAIN2L------------- L --------------- -------------r------ v -- ----- --X---------� ----------------- TO SEATTLE ` _ ` II II 1 �, ENCLOSURE TO EVES �1 1 q12C/14-- — — — — — — — — — — ? TO CITY/AHS METER ?EXISTING CITY N CA POLE I MASTER HORN CABINET do DUAL DIRECTION QZI L- MAIN STREET r C PROPOSED OPTION 1 d E L IXtIGINAL DATE DISTANCE IN FEET FROM ISLAND TX/RX CONNECTIONS OR ®Railroaimited U) EFFECTIVE INSULATED JOINT OF THE ISLAND TRACK CIRCUIT DF—An RJA tb WAYSIDE HORN TO THE FAR EDGE OF THE TRAVELED ROADWAY IN ORDER TO RJA non m DETERMINE THE ISLAND HORN BLOW SEQUENCE JUMPERRk oE�xm SETTINGS AS SHOWN ON THE MASTER HORN BOARD DETAIL: ucaErs RJA DUAL DIRECTION QZI DIRECTION MEASURED BUFFER MIN ISL SETTING ++ aAHCE rxau Tincw Y WE MAIN-1 ?' +15 ?' _ EB MAIN-1 ?• +15 ?• "T" SITE LAYOUT y WB MAIN-2 0• +15 a•yp� wa awr DDT no. EB MAIN-2 ?• +15 ?• x 100' Z CL MI an Syr NTS aF 1 PEP c� EXHIBIT B: Cost Estimate CEPS PLAN ITEM DOCUMENT 8.2.b (FOR INTERNAL BNSF RAILWAY USE ONLY) LOCATION: EDMONDS LINE SEGMENT: 50 AFE NUMBER: PLANITEM NUMBER: 000271481 MILEPOST: 17.66 RFA NUMBER: PROPERTY OF: BNSF RAILWAY COMPANY DIVISION: NW CPAR NUMBER: OPERATED BY: BNSF RAILWAY COMPANY SUBDIVISION: SCENIC BUDGET YEAR : 2016 JOINT FACILITY: CITY OF EDMONDS WA ENGR. DIVISION: NORTHWEST NORTH BUDGET CLASS: 10 % BILLABLE (+/-) : 100.0 TAX STATE: WA, CO: SNOHOMISH REPORTING OFFICE: 461 REQUESTOR ID: Q816 MATL DATE: SPONSOR: VP ENGINEERING PROJECT TYPE: SPP LOCATION CODE: 511015 DEPT CODE: MOWGH DOT NUMBER: 085445K TRACK TYPE: 1 DERAILMENT CODE: STIMULUS FUND TYPE: FHWA --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- STIMULUS STATUS: BUY AMERICAN PURPOSE, JUSTIFICATION AND DESCRIPTION MAIN ST - EDMONDS, WA; INSTALL ADVANCED PREEMPTION; NORTHWEST DIV; SCENIC SUBDIV; LS 50; MP 17.66; DOT# 085445K; SEQ# 59182. MONTHLY POWER UTILITY COST CENTER: 61504. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. ******************************* SIGNAL WORK ONLY ******************************* THE CITY OF EDMONDS, WA IS FUNDING 100% OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 26,460 26,460 MATERIAL COSTS 0 0 0 0 8,220 8,220 OTHER COSTS 0 0 0 0 10,516 10,516 TOTALS 0 0 0 0 45,196 45,196 SYSTEM MAINTENANCE AND PLANNING PRINTED ON: 03/22/2016 ESTIMATE REF. NUMBER: 000271481 - 4--2S ESTIMATED BY: WALKER COSTING DATE: 01/12/2016 PRINTED BY: WALKER Page 1 of 3 Packet Pg. 34; 8.2.b ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF EDMONDS WA LOCATION EDMONDS DETAILS OF ESTIMATE PLAN ITEM: 000271481 VERSION: 4 PURPOSE, JUSTIFICATION AND DESCRIPTION MAIN ST - EDMONDS, WA; INSTALL ADVANCED PREEMPTION; NORTHWEST DIV; SCENIC SUBDIV; LS 50; MP 17.66; DOT# 085445K; SEQ# 59182. MONTHLY POWER UTILITY COST CENTER: 61504. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 90 DAYS. THEREAFTER THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. SIGNAL WORK ONLY THE CITY OF EDMONDS, WA IS FUNDING 100 % OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** SIGNAL FIELD LABOR - CAP 280.0 MH 8,633 PAYROLL ASSOCIATED COSTS 5,670 DA OVERHEADS 8,383 EQUIPMENT EXPENSES 2,325 INSURANCE EXPENSES 1,449 TOTAL LABOR COST 26,460 26,460 MATERIAL ************* ADV PREEMPT KIT 1.0 LS N 7,433 USE TAX 694 OFFLINE TRANSPORTATION 93 TOTAL MATERIAL COST 8,220 8,220 OTHER ********** CONTRACT ENGINEERING 1.0 LS N 6,000 TOTAL OTHER ITEMS COST 6,000 6,000 PROJECT SUBTOTAL 40,680 CONTINGENCIES 4,068 BILL PREPARATION FEE 448 GROSS PROJECT COST 45,196 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 45,196 Page 3 of 3 Packet Pg. 34� 8.2.b EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: Packet Pg. 345 8.2.b 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify �^�;;City of Edmonds at and Railway's Manager Public Projects, telephone number (206—) 625-6152 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Railway must refer to Railway's file 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. Packet Pg. 346 8.2.b 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Justin Lopez at (206 N) —625-6363 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: ■ 15-0" Horizontally from centerline of nearest track ■ 2V-6" Vertically above top of rail ■ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts ■ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts ■ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts ■ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: ■ 25' Horizontally from centerline of nearest track ■ 23' 6" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the f^�;;City of Edmonds and must not be undertaken until approved in writing by the Railway, and until the (^��;City of Edmonds has obtained any necessary authorization from the State Regulatory Authority Packet Pg. 347 8.2.b for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by �^�;7City of Edmonds for approval before work is undertaken and this work must not be undertaken until approved by the Railway. 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on -site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Packet Pg. 348 8.2.b Safety Datasheets (MSDS), at the job site. 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad's property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad's Employees, Hazardous Materials on Railroad's property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.eVerifile.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad's designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e-RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e- RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (206-625-6462) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, Packet Pg. 349 8.2.b but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. 1.05.03 Flagging services will be performed by qualified Railway flaggers. 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. 1.05.03c The cost of flagger services provided by the Railway will be borne by f^�V;City of Edmonds. The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. 1.05.03d The average train traffic on this route is freight trains per 24-hour period at a timetable speed MPH and passenger trains at a timetable speed of MPH. 1.06 Contractor General Safety Requirements Packet Pg. 350 8.2.b 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro- reflective work wear. The Railway's Packet Pg. 351 8.2.b representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi -visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF Roadmaster (206-625-6462). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. Packet Pg. 352 8.2.b 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. Packet Pg. 353 8.2.b NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) njured Person Type: Passenger on train (C) ❑ Non -employee (N) (i e., emp ofanother railroad, or, noa-BNSfemp involved in vehic%accident, including company vehicles) ❑ Contractor/safety sensitive (F) F Contractor/non-safety sensitive (G) ❑ Volunteer/safety sensitive (H) ❑ Volunteer/other non -safety sensitive (1) ❑ Non -trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates ❑ Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates ❑ Non -trespasser 0 - Off railroad property If train involved. Train ID: Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-673E or email to: Accident-Reporting.Centep[NBNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Packet Pg. 354 NON -EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. I. Accident City/St: 2. Date: Time: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment: 5. Driver's License No (and state) or other ID: G. Name (last, first, mi): 7. Address: S. Date of Birth: Phone Number: 9. Injury: (i.e., Laceration, etc.) II. Description of Accident (To include location, action, result, etc.): 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr. Name: 14. Dr. Address: Street: 15. Hospital Name: IG. Hospital Address: Street: 17. Diagnosis: SSN (required): City: St: Zip: and/or Age: Gender: (if available) Employer: IO. Body Part: City: City: Date: (i.e., Hand, etc.) St: Zip: St: Zip: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 Packet Pg. 355 EXHIBIT "C-1" 8.2.b Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: Agency Project: <%Contractor. Legal Name%> [Insert contractor's legal name here](hereinafter called "Contractor"), has entered into an agreement (hereinafter called "Agreement") dated 201_, ['Drafter's Note: insert the date of the contract between the Agency E and the Contractor here] with City of Edmonds for the performance of certain work in connection L with the following project: Wayside Horns. Performance of such work will necessarily require a Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and U- property (hereinafter called "Railway Property"). The Agreement provides that no work will be m commenced within Railway Property until the Contractor employed in connection with said work for L City of Edmonds i) executes and delivers to Railway an Agreement in the form hereof, and (ii) 0 provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of Railway or its contractors, agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or employees and (b) Contractor, its subcontractors, agents or employees, this provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, agents or employees. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor's employees against Railway, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. Packet Pg. 356 THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDE CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and E complaint or other process in connection therewith to Contractor, and Contractor, at Railway's L discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless a Railway from and against all damages, judgments, decrees, attorney's fees, costs, and U- expenses growing out of or resulting from or incident to any such claims or suits. m L In addition to any other provision of this Agreement, in the event that all or any portion of this x° Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. �- It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations Packet Pg. 357 This policy shall also contain the following endorsements, which shall be indicated certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers' compensation and employers' liability related exclusions in the � Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. E a� L No other endorsements limiting coverage as respects obligations under this_Agreement a may be included on the policy with regard to the work being performed under this v agreement. m L B. Business Automobile Insurance. This insurance shall contain a combined single limit of at x° least $1,000,000 per occurrence, and include coverage for, but not limited to the following: .y ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired M The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. Packet Pg. 358 D. Railroad Protective Liability insurance naming only the Railway as the Insure $ 2 b coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of "Physical Damage to Property" shall be endorsed to read: "means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured' care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway's Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor's care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above Contractor is not allowed to self -insure without the prior written consent of Railway. If granted by Railway, any self -insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor's insurance will be covered as if Contractor elected not to include a deductible, self -insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF(a-certfocus.com www.certfocus.com Packet Pg. 359 8.2.b Contractor shall notify Railway in writing at least 30 days prior to any cancellation, renewal, substitution or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a "claims made" basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor's insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance OE coverage required by this Agreement. ;v a Not more frequently than once every five years, Railway may reasonably modify the required U- insurance coverage to reflect then -current risk management practices in the railroad industry m and underwriting practices in the insurance industry. ? 0 x If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. 5 Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean "Burlington Northern Santa Fe LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway ("Sales Taxes"), Railway shall be responsible for paying only the Packet Pg. 360 Sales Taxes that Contractor separately states on the invoice or other billing docu $ 2 b provided to Railway; provided, however, that (i) nothing herein shall preclude Railwa claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together c E with any penalties, fines or interest thereon) that Contractor is responsible to pay under this L Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with a respect to which Railway may be liable for under this Agreement, Contractor shall promptly U- notify Railway of such claim and provide Railway copies of all correspondence received from m the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in L Railway's own name, any Sales Taxes paid by Railway to Contractor or for which Railway 0 might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if 'u requested by Railway at Railway's sole cost and expense, contest in Contractor's own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit "C" attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/fags/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from Packet Pg. 361 any unscheduled delay to a freight or passenger train which affects Railway's ability t $ 2 b utilize its equipment and to meet customer service and contract obligations. Contractor billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service E commitments, Railway may suffer loss of performance or incentive pay and/or be subject to L penalty payments. Contractor is responsible for any train performance and incentive penalties a or other contractual economic losses actually incurred by Railway which are attributable to a u- train delay caused by Contractor or its subcontractors. m L The contractual relationship between Railway and its customers is proprietary and confidential. x° In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate 'u then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway's representative (Marshall Flores 206- 625-6462) four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Packet Pg. 362 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be execute $ 2 b duly authorized officer the day and year first above written. <%Contractor. Legal Name%> By: Printed Name: Title: Contact Person: Address: City: State: Zip: Fax: Phone: E-mail: BNSF Railway Company Name: Manager Public Projects Accepted and effective this day of 20 Packet Pg. 363 8.2.c Wayside Horns Total Project Cost Task Cost Design Cost $48,500 ROW Cost $34,175 BNSF Cost $95,828 Quietzone Construction Cost $160,000 TOTAL COST $338,503 c m E m a� L a U- z m c L 0 r 2 0 U v 0 L a �a r 0 c a� E t 0 r r Q Packet Pg. 364 8.3 City Council Agenda Item Meeting Date: 10/24/2017 Puget Sound Regional Climate Preparedness Collaborative Resolution (15 min) Staff Lead: Patrick Doherty Department: Community Services Preparer: Patrick Doherty Background/History The Puget Sound Regional Council and the Institute for Sustainable Communities have been working on the creation of a group of local, regional and tribal public agencies to come together to form the Puget Sound Climate Preparedness Collaborative. The Collaborative's objective will be to enhance coordination and improve the outcomes of climate change preparedness efforts in the central Puget Sound region (defined as Snohomish, King, Pierce, and Kitsap counties) by creating a forum for peer -to - peer and cross -disciplinary exchange of information, ideas, and opportunities related to climate preparedness. In pursuit of their stated Goal of "working together across the Puget Sound Region to ensure that our communities, economy, and environment are resilient to the impacts of a changing climate," the Collaborative will provide a forum for: Sharing assessments, research, and approaches for integrating climate preparedness into local plans and capital programs and to inform major capital facilities siting and design. Identifying shared climate change impact assessment/research needs and develop joint proposals to address those needs. Developing consistent public messaging about climate preparedness in the central Puget Sound. Coordinating public engagement opportunities for climate preparedness. Partnering with organizations, networks, and groups to engage diverse communities in co - development of preparedness strategies that prevent and address the disproportionate impacts of climate change and create broader benefits for health, mobility, housing, and access to economic opportunity. Engaging business sectors (like the financial and insurance industries) and economic development entities to develop a better understanding of the economic and financial risks and opportunities of climate change. There are no costs or fees required of participating governmental entities. It is hoped that through this regional collaboration the following benefits may be achieved: A broader base of support for local climate preparedness efforts. More efficient and strategic use of resources for climate preparedness research, community engagement, and development of planning approaches. Increased integration across various disciplines such as planning, emergency management, capital facilities, public health, and equity and social justice. Packet Pg. 365 8.3 Better informed and more efficient investment in major capital facilities. Increased competitiveness for future federal grant and foundation funding. More consistent and credible communication with the public about climate impacts and preparedness. Coordinated engagement of diverse communities to prevent and address disparate impacts of climate change and develop solutions that will enhance co -benefits. A clear demonstration that this region is a national leader in proactively addressing climate change impacts and risks, giving prospective investors and businesses greater certainty and encouraging business retention and economic development. Attached is a FAQ sheet about the Collaborative with more information. Staff Recommendation Forward to 11/6/17 Council Consent Agenda for approval. Narrative Attached here is a draft Resolution pledging City of Edmonds participation in the Puget Sound Regional Climate Preparedness Collaborative. After a set of "whereas" clauses that lay out the rationale, purpose and goals of the Collaborative, the Resolution contains two Sections. Section 1 states that the City of Edmonds will join as a partner of the Collaborative in pursuit of the following shared actions: 1. Capacity Building. 2. Community Engagement. 3. Communications. 4. Coordinated Research. 5. Pursuit of Funding and Resources. 6. Planning Section 2 states that, in order to accomplish these objectives, Edmonds City staff will participate in quarterly meetings, as well as an annual meeting. Attachments: Preparedness Collaborative FAQ Draft Climate Preparedness Collaborative Pledge Resolution Packet Pg. 366 8.3.a The Puget Sound Climate Preparedness Collaborative Overview and FAQs Goal: Work together across the Puget Sound Region to ensure that our communities, economy, and environment are resilient to the impacts of a changing climate. What is the Challenge? • Climate change is affecting the Northwest and is expected to accelerate in the coming decades, increasing risks for public health and safety, roads and bridges, critical public services like wastewater treatment and water supply, and economic continuity. Some communities, including low income communities, communities of color, and tribes, will be disproportionately impacted by climate change. • While a number of governments and NGOs in central Puget Sound are taking steps to prepare for the impacts of climate change, many climate impacts cross jurisdictional boundaries and the resources to prepare and build resiliency vary greatly between organizations. What is the Opportunity? • Tribal, local, and regional governments in the Puget Sound region face similar climate change impacts and similar challenges in addressing climate change risks with limited resources. • Strategic regional collaboration on climate preparedness can help leverage limited resources, reduce duplication of effort, facilitate institutional learning, and increase the competitiveness of grant proposals designed to support regional preparedness needs. • Regional collaboration on climate preparedness can strengthen ongoing efforts to increase community resilience to natural hazards such as droughts, wildfire, flooding, and seismic and extreme weather events. Additionally, investments in climate preparedness provide opportunities to address broader inequities in health, mobility, and access to economic opportunity. • Opportunities to pool expertise and resources and to coordinate our efforts regionally include updates to the region's long-range transportation and land use plans, local comprehensive plans, hazard mitigation plans, local climate action plans, and major capital facilities plans. What is Being Proposed? We are proposing to enhance coordination and improve the outcomes of climate change preparedness efforts in the central Puget Sound region (defined as Snohomish, King, Pierce, and Kitsap counties) by creating a forum for peer -to -peer and cross -disciplinary exchange of information, ideas, and opportunities related to climate preparedness. More specifically, the Collaborative will provide a forum for: • Sharing assessments, research, and approaches for integrating climate preparedness into local plans and capital programs and to inform major capital facilities siting and design. • Identifying shared climate change impact assessment/research needs and develop joint proposals to address those needs. R�S Packet Pg. 367 8.3.a • Developing consistent public messaging about climate preparedness in the central Puget Sound. • Coordinating public engagement opportunities for climate preparedness. • Partnering with organizations, networks, and groups to engage diverse communities in co - development of preparedness strategies that prevent and address the disproportionate impacts of climate change and create broader benefits for health, mobility, housing, and access to economic opportunity. • Engaging business sectors (like the financial and insurance industries) and economic development entities to develop a better understanding of the economic and financial risks and opportunities of climate change. Who Participates in the Collaborative? • Expected Collaborative participants include staff from local, regional, and tribal governments. This may include emergency managers, planners, capital facilities managers, community engagement staff, sustainability managers, natural resource management staff, and public health specialists. We also anticipate partnering with community based organizations, universities, non -governmental organizations and other partners to achieve to the vision outlined above. • Initial support for scoping, convening, and facilitating the Collaborative has been provided by the Puget Sound Regional Council with the support of the Institute for Sustainable Communities. Over time, the Collaborative may consider a more formal structure through a Memorandum of Understanding or Interlocal Agreement. Are there any Costs to Participating? • There are no fees associated with the Collaborative and no cash contribution is being sought. Partners are providing in -kind contributions of staff time (a quarterly in -person meeting and periodic conference calls, workshops or webinars, document reviews, and emails). What are the Benefits to Participating? Regional collaboration on climate preparedness can contribute to: • A broader base of support for local climate preparedness efforts. • More efficient and strategic use of resources for climate preparedness research, community engagement, and development of planning approaches. • Increased integration across various disciplines such as planning, emergency management, capital facilities, public health, and equity and social justice. • Better informed and more efficient investment in major capital facilities. • Increased competitiveness for future federal grant and foundation funding. • More consistent and credible communication with the public about climate impacts and preparedness. • Coordinated engagement of diverse communities to prevent and address disparate impacts of climate change and develop solutions that will enhance co -benefits. • A clear demonstration that this region is a national leader in proactively addressing climate change impacts and risks, giving prospective investors and businesses greater certainty and encouraging business retention and economic development. R�S Packet Pg. 368 8.3.b RESOLUTION NO. A RESOLUTION PLEDGING CITY OF EDMONDS PARTICIPATION IN THE PUGET SOUND REGIONAL CLIMATE PREPAREDNESS COLLABORATIVE WHEREAS, the Central Puget Sound Region is experiencing sea level rise, increasing temperatures, changes in precipitation, a long-term decline in snow and ice, and ocean acidification, and WHEREAS, these trends are projected to continue and to accelerate in the coming decades; increasing the potential for flooding, landslides, summer drought, wildfire, disruption of ecological communities, and other impacts in our region, and WHEREAS, these impacts increase risks to public health, infrastructure, safety, local economies, the environment, and WHEREAS, protecting public health and safety, providing critical infrastructure, supporting economic prosperity, and protecting natural and treaty trust resources are core roles for tribal, local and regional governments; and WHEREAS, coordinated efforts across the region to prepare for climate impacts will improve local and tribal government efforts to build the region's preparedness for existing natural hazards including droughts, wildfire, seismic and extreme weather events; and WHEREAS, climate preparedness augments and is complementary to existing local and tribal government efforts to reduce the emissions of greenhouse gases; and WHEREAS, concerted action and investments to prepare for climate impacts and build resilience offer opportunities to address broader inequities in health, mobility, and access to economic opportunity; and WHEREAS, tribal, local and regional governments face similar challenges in assessing climate change impacts and risks and developing climate preparedness strategies with limited resources; and WHEREAS, climate impacts like changing rainfall patterns or sea level rise often cross jurisdictional and service area boundaries; and WHEREAS, the Pacific Northwest is home to world -recognized climate research institutions that are contributing greatly to our common understanding of regional climate impacts, risks, and vulnerabilities; and Packet Pg. 369 8.3.b WHEREAS, by sharing information on climate impacts, pooling resources and expertise, and collaborating on approaches to climate preparedness research and action, we can serve our communities, customers and taxpayers more effectively and efficiently; and WHEREAS, by working together to define shared climate change risks and actions our investments will have greater impact and visibility, and WHEREAS, upcoming updates to Transportation 2040 and Vision 2040 for the Central Puget Sound Region create opportunities to integrate the latest information on climate impacts and vulnerabilities into regional transportation, growth, and economic development plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, AND THE MAYOR CONCURRING, THAT: Section 1. The City of Edmonds joins as a partner in the formation of the Puget Sound Regional Climate Preparedness Collaborative to work together to pursue the following shared actions: 1. Capacity Building: Build shared understanding of regional climate impacts in Central Puget Sound and best practices for climate preparedness through information sharing, joint workshops and training, and periodic meetings. 2. Community Engagement: Collaborate with communities in our efforts to better understand how climate change will impact public health, safety, and economic opportunities for diverse communities across Central Puget Sound, with an emphasis on understanding how climate change can worsen existing disparities in health outcomes, economic opportunity, and environmental impacts. 3. Communications: Develop and communicate consistent, reliable, and easily accessible information on climate impacts and risks in Central Puget Sound informed by current science and reflecting the concerns and priorities of impacted communities. 4. Coordinated Research: Identify and pursue opportunities for joint research and assessment of climate impacts that can be accomplished more efficiently and effectively through coordinated efforts. 5. Funding and Resources: Jointly pursue grant, foundation, and other funding to support our efforts to strengthen understanding of climate impacts and climate preparedness across the Central Puget Sound Region. 6. Planning: Seek and consider information on climate impacts and risks to public health and safety, critical infrastructure, economy, treaty trust resources, and our natural environment as part of regional planning efforts like Transportation 2040 and Vision 2040, and make recommendations to strengthen climate preparedness and community resiliency in local, regional, state, tribal and federal policies and plans. Packet Pg. 370 8.3.b Section 2. To accomplish these objectives, and subject to available resources, Edmonds City staff will participate in quarterly meetings to develop and implement a work program that supports and advances this collaboration in the areas outlined in this pledge. The City and other partners in the Collaborative will convene annually to review current information on climate impacts and best practices, review progress on collaborative efforts, and develop recommendations for joint action for the following year. RESOLVED this day of November, 2017, APPROVED: MAYOR, DAVID 0. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY Packet Pg. 371 9.1 City Council Agenda Item Meeting Date: 10/24/2017 September Quarterly Financial Report (10 min) Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation No action needed; informational only. Narrative September 2017 Quarterly Financial Report Attachments: September Quarterly Financial Report Packet Pg. 372 I 9.1.a I OF lac. 1 $9v CITY OF EDMONDS QUARTERLY BUDGETARY FINANCIAL REPORT SEPTEMBER 2017 Packet Pg. 373 1 I 9.1.a I Page 1 of 1 CITY OFEDMONDS REVENUES BY FUND - SUMMARY Fund 2017 Amended 9/30/2016 9/30/2017 Amount No. Title Budget Revenues Revenues Remaining %Received 001 GENERAL FUND $ 37,821,980 $ 26,733,249 $ 26,771,944 $ 11,050,036 710/ 009 LEOFF-MEDICAL INS. RESERVE 278,630 141,144 144,536 134,094 520/ Ol l RISK MANAGEMENT FUND 6,800 7,252 13,354 (6,554) 1960/ 012 CONTINGENCY RESERVE FUND 44,650 12,586 56,296 (11,646) 1260/ 013 MULTIMODAL TRANSPORTATION FUND - 412 - - 00/ 014 HISTORIC PRESERVATION GIFT FUND 5,030 2,543 113 4,917 2% O Q. 016 BUILDING MAINTENANCE t 452,000 1,964,437 337,246 114,754 d 750/ 104 DRUG ENFORCEMENT FUND 130,000 68,775 31,380 98,620 240/ •V 111 STREET FUND 1,851,750 1,367,601 1,476,539 375,211 800/ O O 112 COMBINED STREET CONST/IMPROVE 2 6,397,932 4,875,285 2,838,328 3,559,604 C 440/ 'L 117 MUNICIPAL ARTS ACQUIS. FUND 137,200 36,874 83,824 53,376 610/ 118 MEMORIAL STREET TREE 110 131 267 (157) d 242% O 120 HOTEL/MOTEL TAX REVENUE FUND 91,200 61,734 63,379 27,821 690/ 121 EMPLOYEE PARKING PERMIT FUND 24,600 9,501 13,697 10,903 560/ 122 YOUTH SCHOLARSHIP FUND 1,800 120 625 1,175 350/ N 123 TOURISM PROMOTIONAL FUND/ARTS 30,450 20,851 21,900 8,550 L 720/ 125 REAL ESTATE EXCISE TAX 2 1,311,900 1,002,284 1,168,335 143,565 89°/ d 126 REAL ESTATE EXCISE TAX 1, PARKSACQ FUND 1,314,400 1,004,125 1,170,720 143,680 890/ O. Cl) 127 GIFTSCATALOGFUND 50,390 35,210 29,395 20,995 58% C 129 SPECIAL PROJECTS FUND 280 280 571 (291) 2040/ C 130 CEMETERY MAINTENANCE/IMPROVEMT 177,820 130,501 150,640 27,180 85% d 132 PARKS CONSTRUCTION FUND 3 2,616,940 1,113,771 369,387 2,247,553 140/ O 136 PARKSTRUST FUND 1,070 1,111 2,265 (1,195) 2120/ tt C 137 CEMETERY MAINTENANCE TRUST FD 22,880 18,872 27,812 (4,932) 122% C 138 SISTER CITY COMMISSION 10,010 5,789 7,210 2,800 72°/ LL 139 TRANSPORTATION BENEFIT DISTRICT - 543,698 - - 0% 140 BUSINESS IMPROVEMENT DISTRICT - 66,418 64,660 (64,660) 00/ M 7 211 L.I.D. FUND CONTROL 14,400 12,142 - 14,400 00/ (1 231 2012 LT GO DEBT SERVICE FUND 695,830 70,301 64,938 630,892 L 90/ 232 2014 DEBT SERVICE FUND - 936,429 - - 0 411 COMBINED UTILITY OPERATION - 131,139 122,894 (122,894) .r 00/ 421 WATER UTILITYFUND 8,469,570 6,584,890 6,529,326 1,940,244 770/ 422 STORM UTILITY FUND 4,789,173 3,065,261 3,300,766 1,488,407 69% r- 423 SEWER/WWTP UTILITY FUND 12,179,879 7,657,389 9,706,514 2,473,365 800/ t 424 BOND RESERVE FUND 1,988,720 667,448 654,347 1,334,373 330/ M 511 EQUIPMENT RENTAL FUND 1,628,910 1,247,374 1,398,954 229,956 8 6 % Q 512 TECHNOLOGY RENTAL FUND 946,040 - 724,201 221,839 770/ 617 FIREMEN'S PENSION FUND 66,000 58,161 60,849 5,151 920/ $ 83,558,344 $ 59,655,089 $ 57,407,210 $ 26,151,134 690/ Difference between 2016 and 2017 is due to grant invoicing for Fishing Pier Rehab & Mid -Year Transfer difference from 001. 2 Difference between 2016 and 2017 is due to grant invoicing for various projects: 3 Differences between 2016 and 2017 are due to SnoCo Grant, parks donations, and park impact fees 4 Difference between 2016 and 2017 is primarily due to increase in WWTP billings to Partners and the City'sshare. 1 Pack-- P g 37 rac,ecei rg. � i 4 I 9.1.a I Page 1 of 1 CITY OF EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2017 Amended 9/30/2016 9/30/2017 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 40,156,085 $ 30,670,999 $ 28,147,013 $ 12,009,072 70% 009 LEOFF-MEDICAL INS. RESERVE 293,460 183,578 300,933 (7,473) 103% 011 RISK MANAGEMENT RESERVE FUND 100,000 - 81,277 18,723 81% 014 HISTORIC PRESERVATION GIFT FUND 5,400 - - 5,400 0% 016 BUILDING MAINTENANCES 545,500 1,963,834 225,804 319,696 41%^, 104 DRUG ENFORCEMENT FUND 76,030 49,896 48,869 27,161 64% 0 111 STREET FUND 2,002,810 1,343,097 1,227,759 775,051 d 61% 112 COMBINED STREET CONST/IMPROVE 6,427,332 3,000,552 2,951,402 3,475,930 46% .V 117 MUNICIPAL ARTS ACQUIS. FUND 181,880 47,283 48,066 133,814 26% C 120 HOTEL/MOTEL TAX REVENUE FUND 104,100 39,690 47,709 56,391 46% jL 121 EMPLOYEE PARKING PERMIT FUND 26,880 1,726 1,638 25,242 6% i 122 YOUTH SCHOLARSHIP FUND 2,000 1,210 1,160 840 d 58%' 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1, PARKSACQ FUND 6 127 GIFTS CATALOG FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 132 PARKS CONSTRUCTION FUND 7 138 SISTER CITY COMMISSION 139 TRANSPORTATION BENEFIT DISTRICT 140 BUSINESS IMPROVEMENT DISTRICT 211 L.I.D. FUND CONTROL 231 2012 LT GO DEBT SERVICE FUND 232 2014 DEBT SERVICE FUND 421 WATER UTILITY FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 7 424 BOND RESERVE FUND 511 EQUIPMENT RENTAL FUND 512 TECHNOLOGY RENTAL FUND 617 FIREMEN'S PENSION FUND 61,700 17,318 17,531 44,169 3,065,566 350,412 773,559 2,292,007 2,411,421 554,417 182,389 2,229,032 51,220 35,263 28,309 22,911 217,020 121,881 118,562 98,458 2,955,000 744,419 501,497 2,453,503 10,500 5,609 6,023 4,477 - 543,698 - - - 42,826 52,474 (52,474) 16,450 - 16,450 - 695,830 70,301 64,938 630,892 - 936,429 - - M 28% = 25% 8% N L 55% (D 55% d 17% d 57% CO) 0% V 0% 100% 9% 0% 13,173,652 6,348,263 6,076,029 7,097,623 46% 8,236,907 2,872,220 2,493,860 5,743,047 30% 16,916,688 7,407,743 9,958,759 6,957,929 59% 1,989,720 667,442 654,342 1,335,378 33% 1,886,000 1,165,593 1,345,071 540,929 71% 890,430 - 544,855 345,575 61% 72,070 29,838 50,893 21,177 71% $ 102,571,651 $ 59,215,535 $ 55,967,173 $ 46,604,478 55% 5 Differences between 2016 and 2017 are primarily due to Fishing Pier Rehabilitation Project. 6 Differences between 2016 and 2017 are due to purchase of Civic Field in 2016. 7 Differences between 2016 and 2017 are due to construction projects in 2017. 2 Packet Pg. 375 1 9.1.a Page 1 of 3 C ITY O F EDMO NDS REVENUES - GENERAL FUND 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Revenues Revenues Remaining %Received TAXES: REAL PERSONAL / PROPERTY TAX 8 $ 10,221,670 $ 5,522,175 $ 5,658,289 $ 4,563,381 55% EMSPROPERTY TAX 9 3,911,080 2,020,913 2,187,629 1,723,451 56% VOTED PROPERTY TAX 10,000 520,941 14,116 (4,116) 141% LOCAL RETAIL SALES✓USE TAX 10 6,875,000 5,077,167 5,439,449 1,435,551 79% NATURAL GAS USE TAX 7,040 4,481 7,746 (706) 110% 1/10 SALES TAX LOCAL CRIM JUST 687,500 502,892 522,524 164,976 76% ELECTRIC UTILITY TAX 1,604,000 1,238,582 1,327,189 276,811 83% GAS UTILITY TAX 608,000 462,329 550,214 57,786 90% SOLID WASTE UTILITY TAX 313,600 243,980 248,122 65,478 79% WAT ER UT ILIT Y T AX 1,235,300 922,389 913,581 321,719 74% SEWERUTILITYTAX 632,300 477,789 526,042 106,258 83% STORMWATER UTILITY TAX 331,300 263,254 292,482 38,818 88% T.V. CABLE UTILITY TAX 857,600 641,987 652,791 204,809 76% TELEPHONE UTILITY TAX 1,263,200 926,754 821,864 441,336 65% PULLTABS TAX 52,000 38,477 40,587 11,413 78% AMUSEMENT GAMES 40 141 - 40 0% LEASEHOLD EXCISE TAX 262,300 192,594 162,364 99,936 62% 28,871,930 19,056,844 19,364,990 9,506,941 67% LICENSES AND PERNHTS: FIRE PERMITS -SPECIAL USE 250 230 270 (20) 108% POLICE - FINGERPRINTING 300 355 610 (310) 203% PROF AND OCC LICENSE -TAXI 330 - - 330 0% AMUSEMENTS 4,740 - 6,325 (1,585) 133% VENDING MACHINE/CONCESSION 50,000 48,246 51,321 (1,321) 103% FRANCHISE AGREEMENT -COMCAST 716,800 534,338 544,624 172,176 76% FRANCHISE FEE-EDUCATION/GOVERNMENT 42,100 31,677 31,676 10,424 75% FRANCHISE AGREEMENT-VERIZON/FRONTIER 102,300 76,654 79,762 22,538 78% FRANCHISE AGREEMENT -BLACKROCK 16,600 12,275 10,106 6,494 61% OLYMPIC VIEW WATER DISTRICT FRANCHISE 298,200 202,687 215,607 82,593 72% GENERAL BUSINESS LICENSE 116,600 85,661 68,327 48,273 59% DEV SERV PERMIT SURCHARGE 44,940 40,865 56,387 (11,447) 125% NON-RESIDENT BUS LICENSE 67,800 50,200 50,650 17,150 75% RIGHT OF WAY FRANCHISE FEE 10,700 46,623 13,880 (3,180) 130% BUILDING STRUCTURE PERMITS 651,100 531,425 675,646 (24,546) 104% ANIMAL LICENSES 35,090 11,392 13,198 21,892 38% STREET AND CURB PERMIT 48,150 38,212 34,066 14,084 71% OTRNON-BUSLIC/PERMITS 13,200 14,393 14,142 (942) 107% 2,219,200 1,725,231 1,866,595 352,605 84% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 7,930 6,920 5,949 1,981 75% ROOFTOP SOLAR CHALLENGE II - 5,250 - - 0% WAASSOC OF SHERIFFS TRAFFIC GRANT - 992 - - 0% TARGET ZERO TEAMS GRANT 4,000 3,348 1,030 2,970 26% HIGH VISIBILITY ENFORCEMENT 7,100 4,675 7,939 (839) 112% DOCKSIDE DRILLS GRANT REIMBURSE - 614 1,399 (1,399) 0% WATERFRONT ANALYSIS GRANT - 330,649 10,000 (10,000) 0% PUD PRIVILEDGE TAX 195,500 197,399 - 195,500 0% MVET/SPECIAL DISTRIBUTION 12,680 8,297 8,612 4,068 68% JUDICIAL SALARY CONTRIBUTION -STATE 18,000 13,569 12,536 5,464 70% CRIMINAL JUSTICE -SPECIAL PROGRAMS 42,500 30,279 31,283 11,217 74% MARIJUANA ENFORCEMENT 23,700 - - 23,700 0% MARIJUANA EXCISE TAX DISTRIBUTION - - 5,574 (5,574) 0% DUI - CITIES 3,000 4,740 4,660 (1,660) 155% LIQUOR EXCISE TAX 191,000 139,331 143,816 47,184 75% LIQUOR BOARD PROFITS 345,600 261,672 259,062 86,538 75% MISCELLANEOUS INT ERLOCAL REVENUE - 77,153 - - 0% INTERLOCAL GRANTS - - 35,000 (35,000) 0% VERDANT INTERLOCAL GRANTS 2,000 2,120 2,000 - 100% POLICE TRAINING CLASSES - - 300 (300) 0% 853,010 1,087,008 529,159 323,851 62% 2017 Real Personal/Property Taxrevenues are $136,114 higher than 2016 revenues. 9 2017 EMS PropertyTax revenues are $166,716 higher than 2016 revenues. O Q. d C to C M 21 i d /a 7 CY 0 N d M E d O. d 10 2017 Local Retail Sales/Use Taxrevenues are $362,282 higher than 2016 revenues. Please also see pages pages 18 & 19. 3 1 Packet Pg. 376 1 I 9.1.a I Page 2 of 3 Title CHARGES FOR GOODS AND SE RVICES: MUNICIPAL COURT CIVIL FILINGS COURT RECORD SERVICES RECORD/LEGAL INSTRUMENTS ATM SURCHARGE FEES CREDIT CARD FEES D/M COURT REC SER CIVIL FEE - APPEAL IT TIME PAY FEE MUNIC.-DIST. COURT CURR EXPEN SALE MAPS & BOOKS CLERKS TIME FOR SALE OF PARKING PERMITS BID SUPPLIES REIMBURSEMENT PHOTOCOPIES POLICE DISCLOSURE REQUESTS ENGINEERING FEES AND CHARGES 11 SNO-ISLE PASSPORTS AND NATURALIZATION FEES POLICE SERVICES SPECIAL EVENTS CAMPUS SAFETY-EDM. SCH. DIST. WOODWAY-LAW PROTECTION MISCELLANEOUS POLICE SERVICES DUI EMERGENCY FIRE SERVICES FIRE PROTECTION & EMS FOR DUI FIRE DISTRICT #1 STATION BILLINGS LEGAL SERVICES ADULT PROBATION SERVICE CHARGE ELECTRONIC MONITORING BOOKING FEES FIRE CONSTRUCTION INSPECTION FEES EMERGENCY SERVICE FEES EMS TRANSPORT USER FEE FIBER SERVICES INTERGOVERNMENTAL FIBER SERVICES FLEX FUEL PAYMENTS FROM STATIONS ANIMAL CONTROL SHELTER ZONING/SUBDIVISION FEE PLAN CHECKING FEES FIRE PLAN CHECK FEES PLANNING 1 % INSPECTION FEE S.E.P.A. REVIEW CRITICAL AREA STUDY DV COORDINATOR SERVICES GYM AND WEIGHT ROOM FEES LOCKER FEES PROGRAM FEES TAXABLE RECREATION ACTIVITIES WINTER MARKET REGISTRATION FEES BIRD FEST REGISTRATION FEES INTERFUND REIMBURSEMENT -CONTRACT SVCS CITY OF EDMO NDS REVENUES - GENERAL FUND 2017 Amended 9/30/2016 Budget Revenues 9/30/2017 Amount Revenues Remaining %Received - 25 - - 0% - - 440 (440) 0% 2,000 1,580 3,134 (1,134) 157% 300 358 451 (151) 150% 15,000 - 7,750 7,250 52% 10 47 212 (202) 2122% - - 53 (53) 0% - - 59 (59) 0% 600 392 186 414 31% 100 4 36 64 36% 25,100 - - 25,100 0% 600 - - 600 0% 2,000 775 695 1,305 35% 4,000 2,759 2,428 1,572 61% 200,000 176,429 350,566 (150,566) 175% 58,000 50,484 60,131 (2,131) 104% 17,000 16,284 18,450 (1,450) 109% 30,000 31,852 32,434 (2,434) 108% 66,280 2,873 3,161 63,119 5% 42,000 49,211 50,261 (8,261) 120% 1,500 538 - 1,500 0% 300 - - 300 0% - 47 77 (77) 0% 45,000 39,031 42,179 2,821 94% - 177 - - 0% 56,000 52,872 36,329 19,671 65% - 100 - - 0% 4,200 3,074 2,015 2,185 48% 8,560 17,556 15,502 (6,942) 181% 8,000 5,869 3,096 4,904 39% 824,200 673,314 613,433 210,767 74% - 8,390 - - 0% - 5,400 - - 0% 1,800 1,486 2,050 (250) 114% 250 239 50 200 20% 80,250 83,425 81,163 (913) 101% 458,500 303,334 382,774 75,726 83% 3,210 7,740 8,270 (5,060) 258% 1,600 1,784 733 867 46% 2,140 1,220 8,710 (6,570) 407% 18,190 15,130 13,240 4,950 73% 11,460 8,339 8,594 2,866 75% 12,000 9,415 9,787 2,213 82% - - 15 (15) 0% 910,100 752,560 694,964 215,136 76% 1,300 964 1,097 203 84% 11,000 3,700 1,500 9,500 14% 750 916 1,030 (280) 137% 2,044,540 1,680,403 1,774,320 270,220 87% 4,967,840 4,010,094 4,231,376 736,464 85% O Q. d C O C LL 21 d O 7 CY 0 N L O E d 0. O to 11 2017 Engineering Fees and Chargesare $174,138 higher than 2016 revenues. 4 Packet Pg. 377 1 9.1.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Revenues Revenues Remaining %Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 7,200 5,285 3,524 3,676 49% TRAFFIC INFRACTION PENALTIES 232,500 163,537 162,276 70,224 70% NC TRAFFIC INFRACTION 32,800 44,055 26,574 6,226 81% CRT COST FEE CODE LEG ASSESSMENT (LGA) 20,700 16,451 16,434 4,266 79% CURRENT TRAFFIC INFRACTIONS - 201 - - 0% NON -TRAFFIC INFRACTION PENALTIES - 39,108 400 (400) 0% OTHERINFRACTIONS'04 2,100 1,571 2,118 (18) 101% PARKING INFRACTION PENALTIES 25,300 20,432 39,714 (14,414) 157% PARK/INDDISZONE 3,600 2,820 1,700 1,900 47% DWI PENALTIES 8,000 17,054 7,161 839 90% DUI - DP ACCT 2,800 1,835 1,423 1,377 51% CRIM CNV FEE DUI 500 388 141 359 28% DUI - DP FEE - - 53 (53) 0% OTHER CRIMINAL TRAF MISDEM PEN - - 197 (197) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,600 24,733 26,984 6,616 80% CRIMINAL CONVICTION FEE CT 2,000 2,151 1,940 60 97% CRIM CONV FEE CT 2,000 1,304 1,288 712 64% OT HER NON-T RAF MISDEMEANOR PEN - - 32 (32) 0% OTHER NON TRAFFIC MISD. 8/03 9,300 8,654 6,898 2,402 74% COURT DV PENALTY ASSESSMENT 600 355 420 180 70% CRIMINAL CONVICTION FEE CN 1,900 1,336 974 926 51% CRIM CONV FEE CN 500 469 285 215 57% CRIMINAL COSTS-RECOUPMENTS 30,900 20,212 6,472 24,428 21% PUBLIC DEFENSE RECOUPMENT 25,600 18,946 12,630 12,970 49% BANK CHARGE FOR CONY. DEFENDANT 6,000 5,300 6,635 (635) 111% COURT INTERPRETER COSTS 100 70 246 (146) 246% BUS. LICENSE PERMIT PENALTY 11,000 12,755 9,430 1,570 86% MISC FINES AND PENALTIES 1,400 720 1,440 (40) 103% 460,400 409,742 337,390 123,010 73% MISCELLANEOUS: INVESTMENT INTEREST 40,400 40,318 95,979 (55,579) 238% INTEREST ON COUNTY TAXES 5,700 4,619 7,253 (1,553) 127% INTEREST - COURT COLLECTIONS 5,400 4,808 4,820 580 89% PARKING 15,600 12,074 12,864 2,736 82% SPACE/FACILITIESRENTALS 147,000 124,227 116,532 30,468 79% BRACKET ROOM RENTAL 5,000 3,640 4,080 920 82% LEASES LONG-TERM 175,000 134,296 136,935 38,065 78% OTHER RENT S& USE CHARGES 2,400 1,800 1,800 600 75% PARKSDONATIONS 4,350 4,350 3,650 700 84% BIRD FEST CONTRIBUTIONS 3,000 1,642 2,044 956 68% VOLUNT EER P ICNIC CONT RIBUT IONS 1,000 1,701 - 1,000 0% POLICE CONTRIBUTIONS FROM PRIV SOURCES 1,000 - - 1,000 0% SALE OF JUNK/SALVAGE 300 305 4,956 (4,656) 1652% SALES OF UNCLAIM PROPERTY 3,000 6,575 1,748 1,252 58% CONFISCATED AND FORFEITED PROPERTY 2,000 - - 2,000 0% OTHER JUDGEMENT/SETTLEMENT 2,000 3,876 7 1,993 0% POLICE JUDGMENTSiRESTITUTION 200 296 91 109 45% CASHIER'SOVERAGES/SHORT AGES - 68 271 (271) 0% OTHER MISC REVENUES 2,000 11,061 8,897 (6,897) 445% SMALL OVERPAYMENT 30 24 37 (7) 123% NSF FEES - PARKS & REC 120 - - 120 0% NSF FEES - MUNICIPAL COURT 300 173 339 (39) 113% NSF FEES - POLICE - - 60 (60) 0% US BANK REBATE 7,500 5,637 6,629 871 88% 423,300 361,490 4089991 14,309 97% TRANSFERS -IN: INSURANCE RECOVERIES - 57,005 7,143 (7,143) 0% TRANSFER FROM FUND 127 26,300 25,835 26,300 - 100% 26,300 82,840 33,443 (7,143) 127% TOTAL GENERAL FUND REVENUE $ 37,821,980 $ 26,733,249 $ 26,771,944 $11,050,036 71% O CL d C O C LL 21 L d O 7 CY 0 N E d Q. O co 5 Packet Pg. 378 I 9.1.a I Page I of 6 C PIY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES $ 14,731,300 $ 10,113,608 $ 10,444,101 $ 4,287,199 71% OVERTIME 485,880 359,894 380,614 105,266 78% HOLIDAY BUY BACK 226,420 2,349 4,413 222,007 2% BENEFITS 5,499,570 3,851,100 4,068,231 1,431,339 74% UNIFORMS 85,110 60,930 54,165 30,946 64% SUPPLIES 376,509 262,666 245,831 130,678 65% SMALL EQUIPMENT 50,040 87,099 43,683 6,357 87% PROFESSIONAL SERVICES 3,747,383 2,287,354 1,975,489 1,771,894 53% COMMUNICATIONS 182,180 117,281 108,518 73,662 60% TRAVEL 50,430 24,432 35,507 14,923 70% EXCISE TAXES 6,500 - 3,912 2,588 60% ADVERTISING - 3,615 - - 0% RENTAL/LEASE 1,707,550 699,956 1,267,574 439,976 74% INSURANCE 609,550 538,732 616,495 (6,945) 101% UTILITIES 457,800 370,106 381,209 76,591 83% REPAIRS&MAINTENANCE 224,830 246,141 180,661 44,169 80% MISCELLANEOUS 395,500 222,697 216,222 179,278 55% INTERGOVERNMENTAL SERVICES 9,823,140 9,632,842 7,477,913 2,345,227 76% INTERGOVERNMENTAL PAYMENTS 135,000 - - 135,000 0% INTERFUND SUBSIDIES 12 1,080,200 1,739,021 537,130 543,070 50% BUILDINGS 18,323 - - 18,323 0% MACHINERY/EQUIPMENT 58,000 27,449 91,135 (33,135) 157% GENERAL OBLIGATION BOND PRINCIPAL 164,790 - - 164,790 0% OTHER DEBT 500 273 222 278 44% INTEREST ON LONG-TERM EXTERNAL DEBT 39,580 23,454 13,990 25,591 35% LEOFF-MEDICAL INS. RESERVE(009) BENEFITS IN HOME LTC CLAIMS PROFESSIONAL SERVICES TRAVEL MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES PROFESSIONAL SERVICES MISCELLANEOUS BUILDING MAINTENANCE SUBFUND (016) SUPPLIES PROFESSIONAL SERVICES REPAIRS & MAINTENANENCE MISCELLANEOUS MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS DRUG INFO RCEMEVTFUND (104) FUEL CONSUMED SMALL EQUIPMENT COMMUNICATIONS REPAIR/MAINT MISCELLANEOUS INTERGOVERNMENTAL SERVICES 40,156,085 30,670,999 28,147,013 12,009,072 70% $ 183,190 $ 112,102 $ 124,117 $ 59,073 68% 102,990 68,973 174,617 (71,627) 170% 7,000 1,286 1,800 5,200 26% - 447 - - 0% 280 770 400 (120) 143% 293,460 183,578 300,933 (7,473) 103% $ 100,000 $ - $ 81,277 $ 18,723 81 % 100,000 81,277 18,723 81% $ 100 $ $ $ 100 0% 200 - 200 0% 5,100 - 5,100 0% 5,400 - - 5,400 0% $ - $ 1,756 $ 148 $ (148) 0% 2,000 325,170 47,780 (45,780) 2389% 193,500 177,495 77,373 116,127 40% - 546 - - 0% - 191,821 - - 0% 350,000 1,267,045 100,504 249,496 29% 545,500 1,963,834 225,804 319,696 41% $ 3,000 $ 1,014 $ 1,361 $ 1,639 45% 5,000 5,768 - 5,000 0% 2,230 1,276 866 1,364 39% 800 - - 800 0% 20,000 10,000 5,000 15,000 25% 45,000 31,839 41,642 3,358 93% 76,030 49,896 48,869 27,161 64% 12 Difference between 2016 and 2017 is primarily due to final payment of 2014 debt. O Q. d C to C LL 21 L d O 7 CY O N L O E d S O to 6 Packet Pg. 379 I 9.1.a I Page 2 of 6 C Tll' O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) SALARIES AND WAGES $ 555,070 $ 471,820 $ 391,865 $ 163,205 71% OVERTIME 18,400 16,213 22,235 (3,835) 121% BENEFITS 318,720 239,611 203,067 115,653 64% UNIFORMS 6,000 3,745 3,711 2,289 62% SUPPLIES 350,000 151,532 134,227 215,773 38% SMALL EQUIPMENT 24,000 6,176 8,892 15,108 37% PROFESSIONAL SERVICES 15,050 13,854 9,693 5,357 64% COMMUNICATIONS 3,500 2,971 5,531 (2,031) 158% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 181,020 143,838 136,499 44,521 75% INSURANCE 113,230 97,912 110,508 2,722 98% UTILITIES 270,170 180,253 181,167 89,003 67% REPAIRS&MAINTENANCE 111,550 10,651 13,404 98,146 12% MISCELLANEOUS 25,000 2,091 2,595 22,405 10% INTERGOVERNMENTAL SERVICES 5,000 1,562 4,009 991 80% GENERAL OBLIGATION BOND PRINCIPAL 3,490 - - 3,490 0% INTEREST ON LONG-TERM EXTERNAL DEBT 1,610 865 354 1,256 22% OT HER INT EREST & DEBT SERVICE COSTS - 4 - - 0% COMBINED STREEI'CONST/LVIPROVE(112) SALARIES AND WAGES OVERTIME BENEFITS SMALL EQUIPMENT PROFESSIONAL SERVICES REPAIRS & MAINTENANCE INTERFUND SUBSIDIES LAND MACHINERY/EQUIPMENT CONST RUCT ION PROJECTS INTERGOVERNMENTAL LOANS INTEREST MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES TRAVEL RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES MISCELLANEOUS INTERFUND SUBSIDIES EMPLOYEEPARKING PERMIT FUND (121) SUPPLIES PROFESSIONAL SERVICES YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS TO URIS M PRO MO TIO NAL FUND/ARTS (123) PROFESSIONAL SERVICES MISCELLANEOUS $ 2,002,810 $ 1,343,097 $ 1,227,759 $ 775,051 61% $ - $ - $ 15,132 $ (15,132) 0% - - 672 (672) 0% - - 6,192 (6,192) 0% - - 2,056 (2,056) 0% 2,380,040 922,003 777,885 1,602,155 33% - - 34,602 (34,602) 0% 328,100 40,908 40,711 287,389 12% - 190,064 - - 0% - - 8,166 (8,166) 0% 3,643,922 1,771,980 1,990,749 1,653,173 55% 72,220 72,201 72,201 19 100% 3,050 3,396 3,035 15 100% $ 6,427,332 $ 3,000,552 $ 2,951,402 $ 3,475,930 46% $ 4,700 $ 864 $ 1,230 $ 3,470 26% 1,700 150 902 798 53% 166,500 42,601 42,359 124,141 25% 80 11 35 46 43% 2,000 - - 2,000 0% 300 - - 300 0% 6,600 3,657 3,540 3,060 54% $ 181,880 $ 47,283 $ 48,066 $ 133,814 26% $ 93,300 $ 37,419 $ 45,659 $ 47,641 49% 6,800 271 50 6,750 1% 4,000 2,000 2,000 2,000 50% $ 104,100 $ 39,690 $ 47,709 $ 56,391 46% $ 1,790 $ 1,726 $ 1,638 $ 152 92% 25,090 - - 25,090 0% $ 26,880 $ 1,726 $ 1,638 $ 25,242 6% $ 2,000 $ 1,210 $ 1,160 $ 840 58% $ 2,000 $ 1,210 $ 1,160 $ 840 58% $ 57,200 $ 14,115 $ 15,431 $ 41,769 27% 4,500 3,203 2,100 2,400 47% $ 61,700 $ 17,318 $ 17,531 $ 44,169 28% O Q. d C to C LL L d O 7 CY O N L O E d Q. O co 7 Packet Pg. 380 I 9.1.a I Page 3 of 6 C TTY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) SUPPLIES $ 21,000 $ 47,482 $ 50,967 $ (29,967) 243% PROFESSIONAL SERVICES 150,000 129,002 272,951 (122,951) 182% RENTAL/LEASE - 2,790 - - 0% UTILITIES - - 1,649 (1,649) 0% REPAIRS & MAINTENANCE 140,000 12,605 - 140,000 0% MISCELLANEOUS - 181 - - 0% CONST RUCT ION PROJECTS 2,754,566 158,352 447,993 2,306,573 16% $ 3,065,566 $ 350,412 $ 773,559 $ 2,292,007 25% REAL ESTATEEXCISETAX 1, PARKS ACQ (126) PROFESSIONAL SERVICES INTERFUND SUBSIDIES LAND CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS INTEREST OTHER INTEREST &OTHER DEBT SERVICE COSTS GIFTS CATALOG FUND (127) SUPPLIES PROFESSIONAL SERVICES MISCELLANEOUS INTERFUND SUBSIDIES C EVIEIERY MAINTENANC UIMPRO VEMENT (130) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SUPPLIES PURCHASED FOR INVENTORY/RESALE PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS PARKS CONSTRUCTION FUND (132) SUPPLIES PROFESSIONAL SERVICES LAND CONSTRUCTION PROJECTS SISTER CITY COMMISSION (138) SALARIES AND WAGES BENEFITS SUPPLIES TRAVEL MISCELLANEOUS TRANSPORTATION BENEFIT DISTRICT (139) INSURANCE INTERGOVERNMENTAL SERVICES $ 118,255 $ - $ 14,527 $ 103,728 12% 142,330 17,213 16,163 126,168 11 % 200,000 476,669 43,201 156,799 22% 1,921,206 55,406 106,364 1,814,842 6% 20,280 - - 20,280 0% 9,350 5,033 2,062 7,288 22% - 96 72 (72) 0% $ 2,411,421 $ 554,417 $ 182,389 $ 2,229,032 8% $ 17,820 $ 2,985 $ 2,009 $ 15,811 11% 6,500 6,443 - 6,500 0% 600 - - 600 0% 26,300 25,835 26,300 - 100% $ 51,220 $ 35,263 $ 28,309 $ 22,911 55% $ 124,410 $ 63,437 $ 55,987 $ 68,423 45% 3,500 1,251 3,096 404 88% 35,910 26,684 26,390 9,520 73% 1,000 - - 1,000 0% 7,000 2,756 1,117 5,883 16% 20,000 14,200 8,204 11,796 41% 4,200 922 5,463 (1,263) 130% 1,410 749 1,021 389 72% 500 - - 500 0% 10,790 8,663 8,093 2,697 75% 3,800 610 3,842 (42) 101% 500 - - 500 0% 4,000 2,609 5,350 (1,350) 134% $ 217,020 $ 121,881 $ 118,562 $ 98,458 55% $ 20,000 $ - $ - $ 20,000 0% 600,000 40,331 87,857 512,143 15% - 475,710 - - 0% 2,335,000 228,378 413,640 1,921,360 18% $ 2,955,000 $ 744,419 $ 501,497 $ 2,453,503 17% $ - $ 45 $ - $ - 0% - 5 - - 0% 1,500 210 390 1,110 26% 4,500 2,515 2,839 1,661 63% 4,500 2,833 2,794 1,706 62% $ 10,500 $ 5,609 $ 6,023 $ 4,477 57% $ - $ 2,500 $ $ 0% - 541,198 0% $ - $ 543,698 $ $ 0% O Q. d C O C li i d ca 7 CY 0 N L d E d CL d CO) 8 Packet Pg. 381 I 9.1.a I Page 4 of 6 C ITY O F IDMO NDS EXPENDITURES BY FUND - DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent BUSINESS IMPROVEMEVTDISTRICTFUND (140) SUPPLIES $ - $ 5,466 $ 842 $ (842) 0% PROFESSIONAL SERVICES - 36,002 50,307 (50,307) 0% MISCELLANEOUS - 1,358 1,326 (1,326) 0% - 42,826 $ 52,474 $ (52,474) 0% LID FUND CONTROL (211) INTERFUND SUBSIDIES $ 16,450 $ - $ 16,450 $ 100% $ 16,450 $ $ 16,450 $ - 100% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND $ 565,450 $ - $ - $ 565,450 0% INTEREST 129,880 70,301 64,938 64,942 50% OTHER INT EREST & DEBT SERVICE COSTS 500 - - 500 0% $ 695,830 $ 70,301 $ 64,938 $ 630,892 9% 2014 DEBT SERVICE FUND (232) 2014 PRINCIPAL PAYMENT INTEREST WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES WATER PURCHASED FOR RESALE SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL EXCISE TAXES RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXES INTERFUND SUBSIDIES MACHINERY/EQUIPMENT CONTT RUCT ION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST OT HER INT EREST & DEBT SERVICE COSTS $ - $ 933,208 $ - $ - 0% - 3,221 - - 0% $ - $ 936,429 $ - $ - 0% $ 844,510 $ 583,163 $ 563,458 $ 281,052 67% 24,000 18,744 14,520 9,480 61% 405,720 269,564 266,461 139,259 66% 4,000 2,599 4,727 (727) 118% 150,000 81,900 120,358 29,642 80% 1,667,500 1,244,166 1,274,054 393,446 76% 143,000 71,879 171,093 (28,093) 120% 19,730 3,845 2,165 17,565 11% 2,181,281 799,238 1,079,780 1,101,501 50% 30,000 21,859 22,959 7,041 77% 200 - - 200 0% 340,000 296,129 287,590 52,410 85% 146,130 73,627 108,692 37,438 74% 56,050 52,335 58,214 (2,164) 104% 35,000 15,766 17,881 17,119 51% 17,500 30,107 35,427 (17,927) 202% 83,500 45,280 57,016 26,484 68% 30,000 32,182 31,609 (1,609) 105% 1,229,110 922,389 913,581 315,529 74% 642,020 219,326 215,315 426,705 34% 25,000 15,065 - 25,000 0% 4,488,771 1,393,872 681,235 3,807,536 15% 2,340 - - 2,340 0% 335,510 - - 335,510 0% 25,840 25,839 25,839 1 100% 246,940 129,008 123,678 123,262 50% - 380 375 (375) 0% $ 13,173,652 $ 6,348,263 $ 6,076,029 $ 7,097,623 46% 9 Packet Pg. 382 I 9.1.a I Page 5 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent STORM FUND (422) SALARIES AND WAGES $ 523,320 $ 363,274 $ 433,157 $ 90,163 83% OVERTIME 6,000 10,223 8,269 (2,269) 138% BENEFITS 262,680 185,890 226,866 35,814 86% UNIFORMS 6,500 5,450 4,600 1,900 71% SUPPLIES 46,000 15,537 28,190 17,810 61% SMALL EQUIPMENT 5,730 1,354 5,880 (150) 103% PROFESSIONAL SERVICES 2,189,024 796,196 743,063 1,445,961 34% COMMUNICATIONS 3,200 1,984 4,049 (849) 127% TRAVEL 4,300 300 - 4,300 0% EXCISE TAXES 55,000 43,075 47,006 7,994 85% RENTAL/LEASE 264,970 186,458 195,551 69,419 74% INSURANCE 71,540 63,187 72,028 (488) 101% UTILITES 10,500 7,103 7,506 2,994 71% REPAIR & MAINTENANCE 13,000 13,675 16,820 (3,820) 129% MISCELLANEOUS 101,000 35,502 61,672 39,328 61% INTERGOVERNMENTAL SERVICES 150,000 125,878 76,622 73,378 51% INTERFUND TAXESAND OPERATING ASSESSMENT 330,430 263,254 292,482 37,948 89% INTERFUND SUBSIDIES 293,910 95,380 84,737 209,173 29% CONST RUCT ION PROJECTS 3,459,813 542,241 84,252 3,375,561 2% GENERAL OBLIGATION BONDS 85,440 - - 85,440 0% REVENUE BONDS 164,000 - - 164,000 0% INTERGOVERNMENTAL LOANS 32,070 32,063 32,063 8 100% INTEREST 158,480 83,932 68,881 89,599 43% OT HER INT EREST & DEBT SERVICE COSTS - 263 165 (165) 0% $ 8,236,907 $ 2,872,220 $ 2,493,860 $ 5,743,047 30% SEWER FUND (423) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED SUPPLIES PURCHASED FOR INV OR RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL EXCISE TAXES RENT AL/LEASE INSURANCE UTILITIES REPAIR & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXESAND OPERATING ASSESSMENT INTERFUND SUBSIDIES MACHINERY/EQUIPMENT CONTT RUCT ION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST OT HER INT EREST & DEBT SERVICE COSTS BOND RESERVEFUND (424) REVENUE BONDS INTEREST OT HER INT EREST & DEBT SERVICE COSTS $ 1,783,120 $ 1,279,855 $ 1,263,503 $ 519,617 71% 95,000 67,390 72,762 22,238 77% 784,430 574,285 578,287 206,143 74% 9,500 6,099 7,387 2,113 78% 417,200 189,156 148,021 269,179 35% 80,000 31,527 57,096 22,904 71% 4,000 - 2,989 1,011 75% 62,730 21,421 19,142 43,588 31% 1,837,472 1,220,862 1,549,931 287,541 84% 43,000 29,598 29,964 13,036 70% 5,000 1,181 - 5,000 0% 170,000 138,146 169,135 865 99% 306,650 133,674 227,009 79,641 74% 109,270 106,915 116,720 (7,450) 107% 1,217,860 938,686 485,433 732,427 40% 340,000 196,341 227,917 112,083 67% 117,950 44,946 78,877 39,073 67% 178,000 132,444 73,574 104,426 41% 629,140 477,789 526,042 103,098 84% 2,267,430 518,760 1,210,036 1,057,394 53% 110,000 - 173,745 (63,745) 158% 5,854,736 1,056,610 2,716,492 3,138,244 46% 132,950 - - 132,950 0% 75,510 - - 75,510 0% 171,240 170,603 171,230 10 100% 114,500 65,128 47,528 66,972 42% - 6,327 5,939 (5,939) 0% $ 16,916,688 $ 7,407,743 $ 9,958,759 $ 6,957,929 59% $ 680,020 $ - $ - $ 680,020 0% 1,308,700 667,442 654,342 654,358 50% 1,000 - - 1,000 0% $ 1,989,720 $ 667,442 $ 654,342 $ 1,335,378 33% O s?. d C to C I.L L d O 7 CY 0 N L O E d 0. O co 10 Packet Pg. 383 I 9.1.a I Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) SALARIES AND WAGES $ 238,360 $ 166,712 $ 175,405 $ 62,955 74% OVERTIME 2,000 - 48 1,952 2% BENEFITS 103,580 73,026 77,588 25,992 75% UNIFORMS 1,000 846 626 374 63% SUPPLIES 110,000 60,765 51,485 58,515 47% FUEL CONSUMED 1,000 - - 1,000 0% SUPPLIES PURCHASED FOR INVENTORY/RESALE 294,200 98,078 143,001 151,199 49% SMALL EQUIPMENT 58,000 9,743 52,992 5,008 91% PROFESSIONAL SERVICES 44,000 1,046 1,980 42,020 5% COMMUNICATIONS 3,000 1,798 1,744 1,256 58% TRAVEL 1,000 1,000 - 1,000 0% RENTAL/LEASE 15,350 14,504 11,177 4,173 73% INSURANCE 29,010 29,967 26,351 2,659 91% UTILITIES 14,000 8,776 9,479 4,521 68% REPAIRS&MAINTENANCE 60,000 38,127 38,075 21,925 63% MISCELLANEOUS 12,000 6,760 7,839 4,161 65% INTERGOVERNMENTAL SERVICES 2,500 1,410 1,744 756 70% MACHINERY/EQUIPMENT 897,000 653,034 745,538 151,462 83% $ 1,886,000 $ 1,165,593 $ 1,345,071 $ 540,929 71% TECHNOLOGY RENTAL FUND (512) SALARIES AND WAGES $ 277,270 $ - $ 210,012 $ 67,258 76% OVERTIME 2,000 - 30 1,970 2% BENEFITS 92,150 - 70,103 22,047 76% SUPPLIES 5,000 - 12,546 (7,546) 251% SMALL EQUIPMENT 23,000 - 42,540 (19,540) 185% PROFESSIONAL SERVICES 114,000 - 17,662 96,338 15% COMMUNICATIONS 65,270 - 31,344 33,926 48% TRAVEL 1,500 - (17) 1,517 -1% RENTAL/LEASE 7,850 - 6,655 1,195 85% REPAIRS & MAINTENANCE 241,390 - 144,396 96,994 60% MISCELLANEOUS 5,000 - 9,584 (4,584) 192% MACHINERY/EQUIPMENT 56,000 - - 56,000 0% $ 890,430 $ - $ 544,855 $ 345,575 61 % FHtII1IENPS PENSION FUND (617) BENEFITS $ 22,550 $ 11,851 $ 15,214 $ 7,336 67% PENSION AND DISABILITY PAYMENTS 48,320 17,772 35,679 12,641 74% PROFESSIONAL SERVICES 1,200 214 - 1,200 0% $ 72,070 $ 29,838 $ 50,893 $ 21,177 71% TOTAL EXPENDITURE ALL FUNDS $ 102,571,651 $ 59,215,535 $ 55,967,173 $ 46,604,478 55% O s?. d C to C I.L L d O 7 CY O N L E d Q. O co 11 Packet Pg. 384 9.1.a Page 1 of 1 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENTIN SUMMARY 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICESIECONOMIC DEV DEVELOPMENT SERVICES PARKS& RECREATION PUBLIC WORKS FACILITIES MAINTENANCE % Spent $ 376,120 $ 183,494 $ 215,030 $ 161,090 57% 276,700 192,059 204,943 71,757 74% 456,490 265,413 280,584 175,906 61% 994,140 654,546 719,187 274,953 72% 640,700 416,998 478,264 162,436 75% Q. 1,049,560 1,116,739 792,011 257,549 75% d 818,780 527,900 598,879 219,901 73% 'v c 12,665,445 12,314,850 9,058,597 3,606,848 72% 10,527,420 6,866,786 7,317,041 3,210,379 70% L+ 576,730 362,099 379,173 197,557 66% G1 3,117,387 1,811,147 1,958,291 1,159,096 63% 7 CY 4,165,215 2,779,501 2,960,855 1,204,360 71% 2,896,370 2,111,893 1,974,444 921,926 68% N 1,595,028 1,067,573 1,209,713 385,315 76% L $ 40,156,085 $ 30,670,999 $ 28,147,013 $ 12,009,072 70% d co C ITY OF EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2017 Amended Budget 9/30/2016 Expenditures 9/30/2017 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 13,173,652 $ 6,348,263 $ 6,076,029 $ 7,097,623 46% STORM UTILITY FUND 8,236,907 2,872,220 2,493,860 5,743,047 30% SEWER/WWTP UTILITY FUND 16,916,688 7,407,743 9,958,759 6,957,929 59% BOND RESERVE FUND 1,989,720 667,442 654,342 1,335,378 33% $ 40,316,967 $ 17,295,667 $ 19,182,989 $ 21,133,978 48% 12 Packet Pg. 385 I 9.1.a I Page I of 4 C TTY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2017 Amended Budget 9/30/2016 Expenditures 9/30/2017 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 158,170 $ 99,469 $ 122,724 $ 35,446 78% OVERTIME 1,000 93 - 1,000 0% BENEFITS 108,520 72,764 75,597 32,923 70% SUPPLIES 2,000 1,522 1,030 970 51% SMALL EQUIPMENT - 2,941 285 (285) 0% PROFESSIONAL SERVICES 62,160 1,432 1,672 60,488 3% COMMUNICATIONS 3,000 2,411 2,701 299 90% TRAVEL 6,700 1,321 1,198 5,502 18% RENTAL/LEASE 9,070 278 6,464 2,606 71% REPAIRS/MAINTENANCE 500 15 - 500 0% MISCELLANEOUS 25,000 1,249 3,360 21,640 13% $ 376,120 $ 183,494 $ 215,030 $ 161,090 57% 0 FFIC E 0 F MAYO R SALARIES $ 202,230 $ 148,112 $ 151,735 $ 50,495 75% BENEFITS 49,670 36,059 37,179 12,491 75% SUPPLIES 1,500 790 473 1,027 32% PROFESSIONAL SERVICES 2,000 1,191 1,582 418 79% COMMUNICATION 1,400 904 1,018 382 73% TRAVEL 4,000 538 1,053 2,947 26% RENTAL/LEASE 11,450 1,175 8,126 3,324 71% MISCELLANEOUS 4,450 3,292 3,776 674 85% $ 276,700 $ 192,059 $ 204,943 $ 71,757 74% HUMAN RESOURCES SALARIES $ 249,980 $ 162,310 $ 161,684 $ 88,296 65% OVERTIME - 43 369 (369) 0% BENEFITS 79,390 55,839 56,955 22,435 72% SUPPLIES 2,300 2,850 1,819 481 79% SMALL EQUIPMENT 300 - 909 (609) 303% PROFESSIONAL SERVICES 78,000 35,044 31,803 46,197 41% COMMUNICATIONS 700 790 911 (211) 130% TRAVEL 1,000 527 337 663 34% RENTAL/LEASE 19,790 1,692 15,894 3,896 80% REPAIR/MAINTENANCE 7,850 - 7,056 794 90% MISCELLANEOUS 17,180 6,320 2,848 14,332 17% $ 456,490 $ 265,413 $ 280,584 $ 175,906 61% MUNIC IPAL C O URT SALARIES $ 609,690 $ 422,019 $ 435,010 $ 174,680 71% OVERTIME 600 1,889 441 159 73% BENEFITS 222,520 152,245 170,903 51,617 77% SUPPLIES 6,700 5,025 5,124 1,576 76% SMALL EQUIPMENT 900 262 474 426 53% PROFESSIONAL SERVICES 73,000 56,540 60,620 12,380 83% COMMUNICATIONS 2,100 1,847 2,074 26 99% TRAVEL 4,500 2,360 1,708 2,792 38% RENTAL/LEASE 39,280 539 29,569 9,711 75% REPAIR/MAINTENANCE 1,250 885 537 713 43% MISCELLANEOUS 33,600 10,935 12,727 20,873 38% $ 994,140 $ 654,546 $ 719,187 $ 274,953 72% 13 Packet Pg. 386 1 I 9.1.a I Page 2 of 4 CITY OFEDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DEIAAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY CLERK SALARIES AND WAGES $ 326,390 $ 251,025 $ 245,304 $ 81,086 75% OVERTIME 1,000 1,509 - 1,000 0% BENEFITS 140,440 97,189 111,309 29,131 79% SUPPLIES 10,240 3,974 3,260 6,980 32% SMALL EQUIPMENT - 1,416 - - 0% PROFESSIONAL SERVICES 28,310 18,998 23,605 4,705 83% COMMUNICATIONS 50,000 7,897 21,849 28,151 44% TRAVEL 1,000 - 315 685 31% RENTAL/LEASE 50,810 13,467 36,941 13,869 73% REPAIRS& MAINTENANCE 28,510 16,234 30,422 (1,912) 107% MISCELLANEOUS 4,000 5,289 5,259 (1,259) 131% $ 640,700 $ 416,998 $ 478,264 $ 162,436 75% FINANCE SALARIES $ 696,560 $ 637,826 $ 513,653 $ 182,907 74% OVERTIME 4,500 1,810 - 4,500 0% BENEFITS 223,910 213,870 169,436 54,474 76% SUPPLIES 7,350 4,976 3,247 4,103 44% SMALL EQUIPMENT 2,650 46,297 1,612 1,038 61% PROFESSIONAL SERVICES 32,800 29,092 34,222 (1,422) 104% COMMUNICATIONS 2,000 38,949 1,396 604 70% TRAVEL 2,600 833 1,823 777 70% RENTAL/LEASE 30,340 8,461 23,286 7,054 77% REPAIR/MAINTENANCE 38,500 127,473 40,372 (1,872) 105% MISCELLANEOUS 8,350 7,153 2,965 5,385 36% $ 1,049,560 $ 1,116,739 $ 792,011 $ 257,549 75% CITY ATTORNEY PROFESSIONAL SERVICES $ 818,780 $ 525,764 $ 598,879 $ 219,901 73% MISCELLANEOUS 2,137 0% $ 818,780 $ 527, 000 $ 598,879 $ 219,901 73% NON -DEPARTMENTAL SALARIES $ 51,525 $ - $ - $ 51,525 0% BENEFITS -UNEMPLOYMENT 25,000 2,775 811 24,189 3% SUPPLIES 5,000 1,756 994 4,006 20% PROFESSIONAL SERVICES 726,430 352,952 368,035 358,395 51% EXCISE TAXES 6,500 3,615 3,912 2,588 60% RENTAL/LEASE 10,480 3,600 8,760 1,720 84% INSURANCE 609,550 538,732 616,495 (6,945) 101% MISCELLANEOUS 69,000 64,415 66,290 2,710 96% INTERGOVT SERVICES 13 9,741,890 9,584,256 7,441,960 2,299,930 76% ECA LOAN PAYMENT 135,000 - - 135,000 0% INTERFUND SUBSIDIES 14 1,080,200 1,739,021 537,130 543,070 50% GENERAL OBLIGATION BOND 164,790 - - 164,790 0% INTEREST ON LONG-TERM DEBT 39,580 23,454 13,990 25,591 35% FISCAL AGENT FEES 500 273 222 278 44% $ 12,665,445 $ 12,314,850 $ 9,058,597 $ 3,606,848 72% 13 Difference between 2016 and 2017 is due to completion of Fire District One Retro Payments in 2016, 14 Differences between 2016 and 2017 are primarily due to final payment of 2014 debt. 14 r- O Q. d M C O C LL L d O 7 C'l O N L O E d rW O. O to Packet Pg. 387 1 I 9.1.a I Page 3 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent PO LIC E S ERVIC ES SALARIES $ 6,209,630 $ 4,195,308 $ 4,314,106 $ 1,895,524 69% OVERTIME 454,780 329,017 343,236 111,544 75% HOLIDAY BUYBACK 226,420 2,349 4,413 222,007 2% BENEFITS 2,332,980 1,631,710 1,683,874 649,106 72% UNIFORMS 75,450 52,868 47,006 28,444 62% SUPPLIES 88,500 60,373 37,851 50,649 43% SMALL EQUIPMENT 28,210 19,816 17,214 10,996 61% PROFESSIONAL SERVICES 117,670 63,498 62,656 55,014 53% p COMMUNICATIONS 50,820 21,524 29,442 21,378 58% TRAVEL 17,310 11,790 18,580 (1,270) 107% RENTAL/LEASE 842,630 442,896 626,270 216,360 74% REPAIR/MAINTENANCE 15,120 8,330 5,135 9,985 34% V MISCELLANEOUS 46,350 22,033 28,044 18,306 61% INTERGOVTL SERVICES 10,550 5,274 8,078 2,473 77% MACHINERY/EQUIPMENT 11,000 91,135 (80,135) 828% LL COMMUNITY S ERVIC ES /EC 0 N DEV. SALARIES BENEFITS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE REPAIR/MAINTENANCE MISCELLANEOUS DEVELOPMENT SERVIC ES/PLANNING SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS MACHINERY/EQUIPMENT ENGINEERING SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE REPAIR/MAINTENANCE MISCELLANEOUS $ 10,527,420 $ 6,866,786 $ 7,317,041 $ 3,210,379 70% 2' L d $ 230,850 $ 169,478 $ 173,403 $ 57,447 75% 7 69,230 51,635 54,019 15,211 78% Cal 7,000 5,930 7,212 (212) 103% 800 125 - 800 0% G 246,900 130,823 133,043 113,857 54% N 1,490 782 892 598 60% 4) 2,000 - 1,048 952 52% 0 10,960 1,333 7,164 3,796 65% d 500 - - 500 0% 7,000 1,993 2,391 4,609 34% r to $ 576,730 $ 362,099 $ 379,173 $ 197,557 66% $ 1,547,970 $ 1,074,087 $ 1,106,577 $ 441,393 71% 1,300 6,197 9,422 (8,122) 725% 568,060 393,787 406,292 161,768 72% 500 - - 500 0% 16,100 9,882 9,249 6,851 57% 6,000 5,089 6,131 (131) 102% 755,567 237,215 276,899 478,668 37% 8,700 4,514 6,160 2,540 71% 4,750 4,498 4,738 12 100% 147,580 16,634 109,801 37,779 74% 6,800 1,177 2,489 4,311 37% 54,060 30,617 20,531 33,529 38% 27,449 0% $ 3,117387 $ L811,147 $ 1,958,291 $ 1,159,096 63% $ 1,479,070 $ 960,063 $ 1,066,468 $ 412,602 72% 5,000 3,391 104 4,896 2% 572,030 382,555 445,290 126,740 78% 360 926 - 360 0% - 79 - - 0% 3,930 1,952 3,383 547 86% 231,080 452,753 23,898 207,182 10% 14,700 7,844 9,691 5,009 66% 600 659 39 561 7% 93,250 17,920 67,240 26,010 72% 2,600 - 587 2,013 23% 23,000 14,736 10,759 12,241 47% $ 2,425,620 $ 1,842,877 $ 1,627,459 $ 798,161 67% 15 Packet Pg. 388 I 9.1.a I Page 4 of 4 C TTY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2017 Amended 9/30/2016 9/30/2017 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS & REC REATIO N SALARIES $ 2,003,255 $ 1,313,896 $ 1,413,572 $ 589,683 71% OVERTIME 10,000 12,298 19,914 (9,914) 199% BENEFITS 728,320 499,213 560,937 167,383 77% UNIFORMS 5,800 4,237 3,249 2,551 56% SUPPLIES 117,390 109,385 103,320 14,070 88% SMALL EQUIPMENT 3,250 7,462 12,330 (9,080) 379% PROFESSIONAL SERVICES 556,240 378,529 343,895 212,345 62% COMMUNICATIONS 29,920 17,627 18,849 11,071 63% TRAVEL 4,470 1,895 4,668 (198) 104% RENTAL/LEASE 283,560 147,349 213,399 70,161 75% PUBLIC UTILITY 175,000 165,416 161,605 13,395 92% REPAIR/MAINTENANCE 37,700 31,337 23,374 14,326 62% MISCELLANEOUS 92,610 47,544 53,867 38,743 58% MACHINERY/EQUIPMENT 47,000 - - 47,000 0% INTERGOVTL SERVICES 70,700 43,312 27,876 42,824 39% $ 4,165,215 $ 2,779,501 $ 2,960,855 $ 1,204360 71% PUBLIC WORKS SALARIES $ 270,330 $ 196,336 $ 205,649 $ 64,681 76% OVERTIME 200 - - 200 0% BENEFITS 83,880 61,953 65,556 18,324 78% SUPPLIES 9,600 2,861 3,510 6,090 37% SMALL EQUIPMENT 1,000 108 - 1,000 0% PROFESSIONAL SERVICES 200 64 76 124 38% COMMUNICATIONS 1,350 498 530 820 39% TRAVEL 500 - - 500 0% RENTAL/LEASE 93,990 4,609 69,457 24,533 74% PUBLIC UTILITY 2,800 1,869 1,935 865 69% REPAIR/MAINTENANCE 1,000 522 - 1,000 0% MISCELLANEOUS 5,900 195 274 5,626 5% $ 470,750 $ 269,016 $ 346,985 $ 123,765 74% FACILITIES MAINTENANCE SALARIES 695,650 483,680 534,216 161,434 77% OVERTIME 7,500 3,647 7,128 372 95% BENEFITS 295,620 199,505 230,073 65,547 78% UNIFORMS 3,000 2,899 3,909 (909) 130% SUPPLIES 102,829 53,263 68,743 34,086 67% SMALL EQUIPMENT 3,000 1,631 1,345 1,655 45% PROFESSIONAL SERVICES 18,246 3,459 14,603 3,643 80% COMMUNICATIONS 16,000 11,693 13,005 2,995 81% TRAVEL 1,000 12 - 1,000 0% RENTAL/LEASE 64,360 40,003 45,202 19,158 70% PUBLIC UTILITY 280,000 202,820 217,669 62,331 78% REPAIR/MAINTENANCE 84,500 60,168 70,690 13,810 84% MISCELLANEOUS 5,000 4,791 3,129 1,871 63% BUILDINGS 18,323 - 18,323 0% $ 1,595,028 $ 1,067,573 $ 1,209,713 $ 385,315 76% TOTAL GENERAL FUND EXPENDITURES $ 40,156,085 $ 30,670,999 $ 28,147,013 $ 12,009,072 70% O Q. d C O C LL L d O 7 CY O N L O E d r-- 0. O co 16 Packet Pg. 389 I 9.1.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2017 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 1,845,829 $ February 4,483,832 March 6,705,052 April 10,343,750 May 17,633,075 June 19,584,190 July 21,544,554 August 23,744,823 September 25,665,955 October 28,420,248 November 35,807,251 December 37,821,980 Real Estate Excise Tax 1 & 2 1,845,829 $ 2,222,449 20.40% 2,638,003 4,590,134 2.37% 2,221,220 7,111,840 6.07% 3,638,698 10,413,847 0.68% 7,289,326 18,087,809 2.58% 1,951,114 20,280,036 3.55% 1,960,364 22,295,216 3.48% 2,200,269 24,441,266 2.93% 1,921,132 26,771,944 4.31% 2,754,293 7,387,003 2,014,729 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2017 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 207,208 $ February 377,258 March S61,933 April 738,924 May 921,191 June 1,156,829 July 1,491,329 August 1,747,148 September 1,998,654 October 2,216,068 November 2,456,999 December 2,600,000 207,208 $ 214,967 3.74% 170,050 425,156 12.70% 184,674 517,163 -7.97% 176,991 759,746 2.82% 182,267 1,057,416 14.79% 235,638 1,336,234 15.51% 334,500 1,651,931 10.77% 255,819 1,967,363 12.60% 251,505 2,268,591 13.51% 217,414 240,931 143,001 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 390 1 9.1.a Sales Tax Analysis By Category Current Period: September 2017 Year -to -Date Total $5,439,449 Health & Personal Care, Construction Trade, $175,100 Accommodation, $870,394 $33,113 Clothing and Accessories, $172,373 Communications, $166,646 Wholesale Trade, $231,862 Misc Retail, $700,774 Others, $34,191 Total Retail Automotive Construction Trade Misc Retail Eating & Drinking Wholesale Trade Health & Personal Care Business Services Clothing and Accessories Amusement & Recreation Automotive Repair Retail Food Stores Gasoline Others Accommodation Manufacturing Communications Automotive Repair, $132,324 Amusement & Recreation, $65,601 Business Services, $446,731 Gasoline, $26,237 Retail Food Stores, $201,161 Retail Automotive, $1,413,443 I Manufacturing, $71,681 Eating & Drinking, $697,817 Change in Sales Tax Revenue: September 2017 compared to September 2016 ($50,000) $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 0 Q. d c 0 c ii L d 0 0 CJ 0 N Lm E d 0. 0 co 18 Packet Pg. 391 I 9.1.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2017 Sales and Use Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 528,142 $ 528,142 $ 554,719 5.03% February 1,179,855 651,712 1,307,546 10.82% March 1,679,874 500,020 1,829,850 8.93% April 2,159,477 479,603 2,327,446 7.78% May 2,755,486 596,009 2,970,761 7.81% June 3,293,571 538,085 3,524,666 7.02% July 3,847,001 553,430 4,140,510 7.63% August 4,458,173 611,171 4,805,603 7.79% September 5,050,960 592,787 5,439,449 7.69% October 5,666,829 615,869 November 6,303,607 636,779 December 6,875,000 571,393 Sales and Use Tax 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 0- Current Year - Budget -vr- Prior Year City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2017 Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 86,887 $ 86,887 $ 93,550 7.67% February 183,529 96,642 203,652 10.96% March 260,361 76,832 294,027 12.93% April 328,823 68,462 372,490 13.28% May 381,147 52,324 429,203 12.61% June 416,950 35,802 475,324 14.00% July 446,516 29,566 504,267 12.93% August 469,952 23,437 528,405 12.44% September 491,313 21,360 550,214 11.99% October 515,645 24,332 November 552,451 36,806 December 608,000 55,549 Gas Utility Tax 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0- Current Yeaz Budget -wPrior Year *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 392 I 9.1.a I City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2017 Telephone Utility Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 114,426 $ 114,426 $ 105,424 -7.87% February 223,803 109,377 199,068 -11.05% March 330,274 106,471 290,145 -12.15% April 436,772 106,497 403,189 -7.69% May 549,330 112,558 492,059 -10.43% June 651,204 101,874 582,703 -10.52% July 754,077 102,873 650,709 -13.71% August 855,646 101,570 736,483 -13.93% September 961,054 105,407 821,864 -14.48% October 1,062,454 101,400 November 1,159,179 96,725 December 1,263,200 104,021 Telephone Utility Tax 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -dr- Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2017 13ectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 171,830 $ 171,830 $ 175,773 2.29% February 347,448 175,618 382,822 10.18% March 515,770 168,322 549,954 6.63% April 678,100 162,330 729,784 7.62% May 824,207 146,107 863,230 4.73% June 937,922 113,715 991,566 5.72% July 1,049,475 111,553 1,107,717 5.55% August 1,155,197 105,722 1,217,184 5.37% September 1,260,458 105,261 1,327,189 5.29% October 1,368,262 107,804 November 1,486,788 118,526 December 1,604,000 117,212 Electric Utility Tax 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year - Budget -d-- Prior Year *The monthly budget forecast columns are based on a five-year average. 20 Packet Pg. 393 I 9.1.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2017 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 573,159 $ 573,159 $ 599,648 4.629/ February 966,145 392,986 1,027,975 6.40% March 1,529,375 563,229 1,658,808 8.469/ April 1,906,725 377,350 2,057,951 7.939/, May 2,464,794 558,070 2,660,519 7.949/c June 2,900,426 435,631 3,101,835 6.9494 July 3,585,922 685,496 3,777,591 5.359/ August 4,167,341 581,419 4,420,673 6.08% September 4,962,652 795,311 5,351,996 7.859/, October 5,517,073 554,421 November 6,167,530 650,457 December 6,572,750 405,220 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2017 Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 245,291 $ 245,291 $ 261,646 2.29% February 773,850 528,559 828,655 10.18% March 1,018,952 245,102 1,089,708 6.63% April 1,236,230 217,279 1,322,203 7.62% May 1,481,659 245,428 1,583,130 4.73% June 1,699,683 218,024 1,815,097 5.72% July 1,946,434 246,751 2,077,219 6.72% August 2,474,151 527,717 2,643,230 6.83% September 2,718,865 244,714 2,904,264 6.82% October 2,936,691 217,826 November 3,181,934 245,242 December 3,400,000 218,066 Storm Water Sales 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Year -Budget ->r Prior Year *The monthly budget forecast columns are based on a five-year average. 21 Packet Pg. 394 I 9.1.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2017 Unmeter Sewer Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 572,309 $ 572,309 $ 623,336 8.92% February 1,034,805 462,496 1,135,356 9.72% March 1,603,135 568,330 1,767,521 10.25% April 2,067,863 464,728 2,277,537 10.14% May 2,638,929 571,065 2,905,981 10.12% June 3,109,116 470,187 3,422,308 10.07% July 3,696,739 587,623 4,070,136 10.10% August 4,167,756 471,017 4,584,464 10.00% September 4,763,468 595,712 5,263,696 10.50% October 5,237,994 474,526 November 5,818,870 580,876 December 6,291,410 472,540 *The monthly budget forecast columns are based on a five-year average. F O rL d fC C R C ILL 21 L a) f� 7 CY ti O N L d I� d Q 22 Packet Pg. 395 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2017 General Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 4,419,173 $ 4,419,173 $ 4,856,792 9.90% February 7,057,584 2,638,410 7,118,110 0.86% March 10,173,720 3,116,136 11,124,815 9.35% April 14,032,115 3,858,395 13,496,549 -3.82% May 16,163,486 2,131,371 15,723,883 -2.72% June 19,855,567 3,692,081 19,674,034 -0.91% July 22,997,076 3,141,509 22,850,406 -0.64% August 26,928,937 3,931,861 25,860,948 -3.97% September 30,048,565 3,119,628 28,147,013 -6.33% October 32,606,493 2,557,927 November 36,223,475 3,616,983 December 40,156,085 3,932,610 General Fund 45,000,000 40,000,000 A. 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 p JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2017 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,138,347 $ 2,138,347 $ 2,867,736 34.11% February 2,687,410 549,063 2,992,431 11.35% March 3,658,422 971,012 4,967,917 35.79% April 5,209,957 1,551,535 5,263,262 1.02% May 5,352,258 142,301 5,385,911 0.63% June 6,762,547 1,410,289 7,243,467 7.11% July 7,608,945 846,398 8,185,101 7.57% August 9,041,589 1,432,644 8,967,984 -0.81% September 9,941,241 899,652 9,058,597 -8.88% October 10,330,183 388,942 November 11,407,769 1,077,586 December 12,665,445 1,257,676 Non -Departmental 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -§W- Prior Year *The monthly budget forecast columns are based on a five-year average. 23 Packet Pg. 396 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2017 City Council Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 24,382 $ 24,382 $ 22,742 -6.73% February 52,318 27,936 44,954 -14.07% March 83,798 31,480 70,026 -16.43% April 111,661 27,864 93,544 -16.23% May 142,110 30,449 118,441 -16.66% June 179,407 37,297 147,770 -17.63% July 211,248 31,841 172,790 -18.21% August 243,636 32,388 197,804 -18.81% September 280,710 37,075 215,030 -23.40% October 307,316 26,606 November 340,142 32,826 December 376,120 35,978 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2017 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 23,100 $ 23,100 $ 22,135 -4.18% February 46,663 23,563 46,116 -1.17% March 69,540 22,877 68,939 -0.87% April 92,124 22,584 91,090 -1.12% May 114,857 22,733 113,581 -1.11% June 137,580 22,723 135,664 -1.39% July 160,958 23,378 158,405 -1.59% August 184,229 23,271 182,492 -0.94% September 207,064 22,834 204,943 -1.02% October 230,074 23,010 November 252,731 22,657 December 276,700 23,969 Office of Mayor 300,000.00 250,000.00 200,000.00 og 150,000.00 100,000.00 50,000.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Yeaz Budget - -Prior Year *The monthly budget forecast columns are based on a five-year average. 24 Packet Pg. 397 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2017 Human Resources Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 33,336 $ 33,336 $ 35,109 5.32% February 71,046 37,709 63,054 -11.25% March 115,092 44,047 93,670 -18.61% April 148,861 33,769 122,632 -17.62% May 188,582 39,721 152,171 -19.31% June 226,982 38,400 177,689 -21.72% July 266,054 39,073 215,405 -19.04% August 302,670 36,616 245,681 -18.83% September 336,201 33,531 280,584 -16.54% October 375,053 38,852 November 408,108 33,055 December 456,490 48,382 Human Resources 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2017 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 74,527 $ 74,527 $ 76,438 2.56% February 157,040 82,513 170,699 8.70% March 242,535 85,495 249,970 3.07% April 321,521 78,987 330,859 2.90% May 402,116 80,595 407,638 1.37% June 482,636 80,519 488,007 1.11% July 564,050 81,414 563,868 -0.03% August 649,652 85,602 640,933 -1.34% September 733,470 83,818 719,187 -1.95% October 821,328 87,857 November 906,841 85,513 December 994,140 87,299 Municipal Court 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Year Budget -mh�- Prior Year *The monthly budget forecast columns are based on a five-year average. 25 Packet Pg. 398 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2017 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 32,279 $ 32,279 $ 41,399 28.25% February 75,682 43,404 82,958 9.61% March 119,244 43,562 124,227 4.18% April 179,524 60,280 168,847 -5.95% May 220,780 41,257 213,705 -3.20% June 263,589 42,809 252,311 -4.28% July 310,443 46,854 292,103 -5.91% August 359,638 49,195 335,997 -6.57% September 408,107 48,469 379,173 -7.09% October 456,589 48,482 November 509,519 52,930 December 576,730 67,211 Community Services/Economic Development 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Year - Budget -wr- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2017 City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 53,784 $ 53,784 $ 63,151 17.42% February 104,286 50,502 115,829 11.07% March 157,201 52,915 165,932 5.55% April 207,322 50,121 232,085 11.94% May 256,511 49,189 282,468 10.12% June 307,559 51,048 328,184 6.71% July 359,433 51,874 381,124 6.03% August 413,315 53,882 428,048 3.56% September 466,515 53,200 478,264 2.52% October 530,442 63,926 November 586,438 55,996 December 640,700 54,262 City Clerk 700,000 600,000 500,000 400,000 - 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Ycar - Budget ' Prior Year *The monthly budget forecast columns are based on a five-year average. 26 Packet Pg. 399 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -Technology Rental Fund 2017 Technology Rental Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 89,050 $ 89,050 $ 68,612 -22.95% February 177,771 88,721 177,236 -0.30% March 237,540 59,769 225,779 -4.95% April 291,722 54,182 277,784 -4.78% May 338,118 46,396 327,297 -3.20% June 387,726 49,608 373,016 -3.79% July 453,064 65,338 428,076 -5.52% August 528,249 75,186 483,955 -8.39% September 598,969 70,720 544,855 -9.03% October 660,256 61,287 November 738,213 77,957 December 890,430 152,217 Finance Technology Rental Fnnd 900,000 800,000 700,000 _ 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -or- Prior Year Prior Year amounts are from the Information Services Budget City of Edmonds, WA Monthly Expenditure Report -Finance 2017 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 102,207 $ 102,207 $ 122,581 19.93% February 189,948 87,740 199,380 4.97% March 271,844 81,896 281,459 3.54% April 361,256 89,412 364,229 0.82% May 442,527 81,271 453,448 2.47% June 522,997 80,470 543,908 4.00% July 603,839 80,842 629,442 4.24% August 687,233 83,394 709,795 3.28% September 781,183 93,949 792,011 1.39% October 871,230 90,048 November 956,025 84,794 December 1,049,560 93,535 Finance 1,100,000 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Year -Budget -d�- Prior Year *The monthly budget forecast columns are based on a five-year average. 27 Packet Pg. 400 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2017 City Attorney Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 68,232 $ 68,232 $ 44,346 -35.01% February 136,463 68,232 133,495 -2.18% March 204,695 68,232 199,483 -2.55% April 272,927 68,232 265,386 -2.76% May 341,158 68,232 331,290 -2.89% June 409,390 68,232 397,194 -2.98% July 477,621 68,232 441,539 -7.55% August 545,853 68,232 509,955 -6.58% September 614,085 68,232 598,879 -2.48% October 682,316 68,232 November 750,548 68,232 December 818,780 68,232 Police City Attorney 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Year - Budget -dr- Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2017 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 829,943 $ 829,943 $ 780,892 -5.91% February 1,662,470 832,528 1,625,589 -2.22% March 2,505,809 843,339 2,399,391 -4.25% April 3,339,581 833,772 3,219,838 -3.59% May 4,168,368 828,787 4,002,270 -3.98% June 5,053,459 885,092 4,792,427 -5.17% July 5,891,147 837,688 5,702,618 -3.20% August 6,741,701 850,554 6,479,161 -3.89% September 7,584,219 842,517 7,317,041 -3.52% October 8,462,646 878,427 November 9,638,182 1,175,536 December 10,527,420 889,238 Police 111,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 j"Oer 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -gr-Prior Yeaz *The monthly budget forecast columns are based on a five-year average. 28 Packet Pg. 401 ■ 9.1.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2017 Development Services Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 235,285 $ 235,285 $ 177,820 -24.42% February 480,958 245,673 416,189 -13.47% March 751,100 270,142 613,958 -18.26% April 991,519 240,419 831,603 -16.13% May 1,250,878 259,359 1,076,107 -13.97% June 1,497,579 246,701 1,291,724 -13.75% July 1,755,943 258,364 1,503,700 -14.37% August 2,029,313 273,370 1,743,617 -14.08% September 2,287,754 258,442 1,958,291 -14.40% October 2,569,912 282,157 November 2,826,227 256,316 December 3,117,387 291,160 Parks & Recreation Development Services 3,000,000 2,750,000 2,500,000 2,250,000 2,000,000 1,750,000 1,500,000 1,250,000 1,000,000 750,000 500,000 250,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year -Budget -d�- Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2017 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 277,441 $ 277,441 $ 260,128 -6.24% February 565,997 288,557 525,411 -7.17% March 869,958 303,960 828,782 -4.73% April 1,177,654 307,697 1,110,332 -5.72% May 1,514,224 336,570 1,417,439 -6.39% June 1,848,590 334,366 1,763,105 -4.62% July 2,321,154 472,565 2,123,498 -8.52% August 2,830,512 509,358 2,595,035 -8.32% September 3,190,319 359,807 2,960,855 -7.19% October 3,515,042 324,723 November 3,798,677 283,636 December 4,165,215 366,538 Parks & Recreation 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 irl JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Year - Budget ->�- Prior Year *The monthly budget forecast columns are based on a five-year average. 29 Packet Pg. 402 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -Public Works 2017 Public Works Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 38,606 $ 38,606 $ 37,599 -2.61% February 77,835 39,229 79,084 1.61% March 117,100 39,265 117,357 0.22% April 156,588 39,488 155,173 -0.90% May 196,390 39,802 193,212 -1.62% June 235,491 39,101 232,019 -1.47% July 275,204 39,712 270,583 -1.68% August 314,352 39,148 309,099 -1.67% September 352,464 38,113 346,985 -1.55% October 393,232 40,768 November 429,298 36,066 December 470,750 41,452 Facilities Maintenance Public Works 500,000 450,000 400,000 350,000 300,000 250,000 20Q,000 150,000 100,000 50,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC t Current Year -Budget --A-Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2017 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 127,054 $ 127,054 $ 128,273 0.96% February 257,275 130,221 264,009 2.62% March 393,296 136,021 404,318 2.80% April 523,097 129,801 528,660 1.06% May 653,776 130,679 672,777 2.91% June 769,798 116,022 792,861 3.00% July 920,705 150,908 933,921 1.44% August 1,041,207 120,502 1,062,692 2.06% September 1,179,252 138,045 1,209,713 2.58% October 1,302,136 122,884 November 1,442,204 140,068 December 1,595,028 152,824 Facilities Maintenance 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 7�� JAN FEB MAR AP year MAY JUNBuJU � cigeL AUG PSE Ye OCT NOV DEC *The monthly budget forecast columns are based on a five-year average. 30 Packet Pg. 403 I 9.1.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2017 Engineering Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance January $ 187,356 $ 187,356 $ 176,444 -5.82% February 371,085 183,729 358,913 -3.28% March 572,088 201,003 539,386 -5.72% April 775,732 203,644 719,010 -7.31% May 969,453 193,720 903,426 -6.81% June 1,175,007 205,555 1,087,704 -7.43% July 1,370,122 195,115 1,276,308 -6.85% August 1,581,505 211,383 1,452,654 -8.15% September 1,784,958 203,453 1,627,459 -8.82% October 1,999,013 214,055 November 2,196,913 197,901 December 2,425,620 228,707 *The monthly budget forecast columns are based on a five-year average. F O Q d fC C R C LL 21 L a) f� 7 CY ti O N L d M E d Q 31 Packet Pg. 404 INVESTMENT PORTFOLIO SUMMARY I 9.1.a I City of Edmonds Investment Portfolio Detail As of September 30, 2017 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Tvoe Price Maturitv Value Value Date Rate FHLMC Bonds 1,000,000 0.33 1,000,000 999,348 12/28/17 0.90% FFCB Bonds 995,820 0.88 1,000,000 995,782 07/18/18 0.75% FFCB Bonds 2,010,790 1.33 2,000,000 1,997,066 12/28/18 1.42% FFCB Bonds 2,000,000 1.40 2,000,000 1,991,226 01/25/19 1.23% FICO Bonds 1,009,725 1.65 1,035,000 1,009,542 04/25/19 1.42% FNMA Bonds 999,750 1.78 1,000,000 996,370 06/13/19 1.40% FHLB Bonds 1,000,400 1.80 1,000,000 996,083 06/20/19 1.40% FHLMC Bonds 995,970 2.09 1,000,000 994,510 10/02/19 1.25% FNMA Bonds 1,994,310 2.16 2,000,000 1,986,728 10/28/19 1.35% FNMA Bonds 997,300 2.58 1,000,000 993,266 03/30/20 1.38% FHLB Bonds 2,003,780 2.58 2,000,000 1,982,946 03/30/20 1.45% FNMA Bonds 2,000,000 2.58 2,000,000 1,994,208 03/30/20 1.65% FHLMC Bonds 2,003,868 2.66 2,000,000 1,987,032 04/28/20 1.35% FNMA Bonds 1,000,000 2.83 1,000,000 982,123 06/30/20 1.38% FNMA Bonds 1,000,000 2.83 1,000,000 982,123 06/30/20 1.38% FHLB Bonds 3,000,000 2.87 3,000,000 2,955,717 07/13/20 1.20% RFCS Bonds 1,999,698 2.87 2,120,000 2,017,886 07/15/20 1.60% FHLB Bonds 2,000,000 2.92 2,000,000 2,000,238 07/30/20 1.75% FNMA Bonds 1,000,000 2.99 1,000,000 988,541 08/28/20 1.40% FNMA Bonds 1,000,000 2.99 1,000,000 988,541 08/28/20 1.40% FHLMC Bonds 999,500 3.33 1,000,000 996,432 12/30/20 1.75% FNMA Bonds 2,005,474 3.39 2,000,000 1,947,124 01/19/21 1.50% FM Bonds 2,000,000 3.59 2,000,000 1,987,838 04/01/21 1.87% FHLMC Bonds 999,400 4.33 1,000,000 995,335 12/30/21 2.00% TOTAL SECURITIES 36,015,786 2.4 36,155,000 35,766,005 Washington State Local Gov't Investment Pool 8,963,249 8,963,249 Demand 1.13% Snohomish County Local Gov't Investment Pool 13,776,027 13,776,027 Demand 1.19% TOTAL PORTFOLIO $ 58,894,276 $ 58,505,281 Issuer Diversification RFCS, 6% FHLMC, FNMA, 33% 17% FFCB, 14% FM, 6% FICO, 3% FHLB, 22% Cash and Investment Balances (in $ Millions) Checking, $5.2 State LGIP, $9.0 Bonds, County $36.2 LGIP, $13.8 32 Packet Pg. 405 1 I 9.1.a I INVESTMENT PORTFOLIO SUMMARY Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) 6 Month Treasury Rate (Benchmark) City Blended Rate 1.4 Lz% — 1.g0 % — 8:8 8:6F _ 8.34) —_ 8.2�1 —_ 8.0% Oct Dec Feb April June August Maturity Distribution and Rate of Return $20,000,000 2.50% $15,000,000 2.00% 1.50% $10, 000,000 1.00% $ 5,000, 000 0.50% $- 0.00% 0-6 Mo 6-12 M o 12-18 M o 18-24 M o 24-30 M o 30-36 M o 36-42 M o 42-48 M o 48-54 M o 54-60 M o O LL L L V r 0 N L E a) a a) co 33 Packet Pg. 406 9.1.a GENERAL FUND OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND & SUBFUNDS ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2016 6/30/2017 9/30/2017 Q3 YTID _ o a 001-General Fund $ 9,841,719 $ 10,447,721 $ 8,466,650 $ (1,981,071) $ (1,375,06! 009-Leoff-Medical Ins. Reserve 540,254 539,113 383,856 (155,257) (156,39t 011-Risk Management Fund 963,026 891,891 895,103 3,211 (67,9Z 012-Contingency Reserve Fund 5,367,841 5,408,995 5,424,137 15,142 56,29E 014-Historic Preservation Gift Fund 7,647 7,726 7,760 34 11: ii 016-Building Maintenance 98,436 240,505 209,877 (30,628) 111,44. L Total General Fund & Subfunds $ 16,818,922 $ 17,535,951 $ 15,387,382 $ (2,148,569) $ (1,431,54( 3 C'1 ti 0 N L d E d Q General Fund & Subfunds ui 20 0 $17.54 $16.82 Q' a� $15.39 16 76 v 12 i c f° c ii � 8 � 4 � CY L E Dec 2016 June 2017 Sept 2017 a� U) c d E t v c� Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 Packet Pg. 407 I 9.1.a I GOVERNMENTAL FUNDS OVERVIEW CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- FUNDS ---- ACTUAL ---- 12/31 /2016 6/30/2017 9/30/2017 Q3 YTD General Fund & Subfunds $ 16,818,922 $ 17,535,951 $ 15,387,382 $ (2,148,569) $ (1,431,54( Special Revenue 8,664,435 8,720,198 10,178,420 1,458,223 1,513,98! a cL Debt Service 20,262 3,812 3,812 1 (16,45( Total Governmental Funds $ 25,503,619 $ 26,259,960 $ 25,569,614 $ (690,346) $ 65,99! •� c c ii 21 L Governmental Fund Balances -By Fund Group Governmental Fund u' 20 16 v,12 c 0 8 21 Balances - Combined ~ 0 N L d E 30 � F$25.50 $26.26 $25.57 Q- a) N $15.39 General 24 V_ Fund & p Subfunds a� — Special $10.18 Revenue Debt Service $0.02 $0.00 $0.00 Dec 2016 June 2017 Sept 2017 12 6 Dec 2016 June 2017 Sept 2017 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 35 Packet Pg. 408 1 9.1.a SPECIAL REVENUE FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- SPECIAL REVENUE 12/31/2016 6/30/2017 9/30/2017 Q3 YTD 104 - Drug Enforcement Fund $ 34,632 $ 45,175 $ 17,143 $ (28,032) $ (17,488 111 -Street Fund 790,428 1,019,696 1,039,208 19,512 248,780 112- Combined Street Const/Improve 91,959 (847,858) (21,116) 826,742 (113,075 �. 117 - Municipal Arts Acquis. Fund 493,080 504,784 528,838 24,054 35,758 p 118 - Memorial Street Tree 18,101 18,288 18,368 79 267 120 - Hotel/Motel Tax Revenue Fund 94,468 91,599 110,138 18,538 15,670 121 - Employee Parking Permit Fund 63,704 75,223 75,763 540 12,059 122 -Youth Scholarship Fund 14,931 14,873 14,396 (477) (535 123-Tourism Promotional Fund/Arts 84,371 87,326 88,739 1,413 4,368 125 - Real Estate Tax 2,259,949 2,475,580 2,654,724 179,144 394,775 >, 126 - Real Estate Excise Tax 1 1,977,485 2,652,104 2,965,816 313,712 988,331 m 127-Gifts Catalog Fund 263,544 263,003 264,630 1,627 1,085 129 - Special Projects Fund 38,782 39,184 39,353 169 571 CY 130 - Cemetery Maintenance/Improvement 142,339 189,250 174,417 (14,834) 32,078 132 - Parks Construction Fund 1,185,146 935,231 1,053,036 117,805 (132,110 N 136 - Parks Trust Fund 153,793 155,387 156,058 671 2,265 `m 137 - Cemetery Maintenance Trust Fund 901,173 922,598 928,985 6,386 27,812 138 - Sister City Commission 6,415 8,457 7,603 (855) 1,187; 140 -Business Improvement Disrict 50,137 70,294 62,323 (7,971) 12,186 Total Special Revenue $ 8,664,435 $ 8,720,198 $ 10,178,420 1 $ 1,458,223 $ 1,513,985 N 15 12 c 9 0 6 3 Special Revenue Funds $8.66 $8.72 Dec 2016 June 2017 $10.18 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 36 Packet Pg. 409 9.1.a ENTERPRISE FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND ENTERPRISE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31/2016 6/30/2017 9/30/2017 Q3 YTD 421 -Water Utility Fund $ 17,869,639 $ 18,261,772 $ 18,322,936 $ 61,165 $ 453,29,1 .-. 422 -Storm Utility Fund 10,246,573 10,561,621 11,053,479 491,859 806,90E a 423 - Sewer/WWTP Utility Fund 42,695,395 42,858,543 42,443,151 (415,392) (252,24, 424 - Bond Reserve Fund 843,960 843,963 843,965 2 E 411 -Combined Utility Operation - 78,885 122,894 44,009 .5 122,89, r- Total Enterprise Funds $ 71,655,567 $ 72,604,784 $ 72,786,425 $ 181,642 $ 1,130,85! S 21 L L V r 0 N L E d Enterprise and Agency Fund Balances as of September 30, 2017 ++ m M 50,000,000 r_ $42,443,151 45,000,000 M 40,000,000 35,000,000 .v 30,000,000 c 25,000,000 li 20,000,000 18 322 936 L 15,000,000 $11,053,479 10,000,000 � C'1 5,000,000 $122,894 $843,965 $234,653 0 E Combined Utility Water Storm Sewer/WWTP Bond Reserve Firemen's Pension Q. Fund a) — CO) c E t c� Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 37 Packet Pg. 410 9.1.a SUMMARY OVERVIEW CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2016 6/30/2017 9/30/2017 Q3 YTD Governmental Funds $ 25,503,619 $ 26,259,960 $ 25,569,614 $ (690,346) $ 65,99! Enterprise Funds 71,655,567 72,604,784 72,786,425 181,642 1,130,85t Internal Services Fund 8,311,631 8,306,440 8,544,858 238,418 233,22t 0 a Agency Funds 224,696 251,143 234,653 0 (16,490) 9,95E Total City-wide Total $105,695,513 $107,422,327 $107,135,550 $ (286,777) $ 1,440,03 c c IL 21 L L Governmental Fund Balances (Excluding General Fund) as of September 30, 2017 Drug Enforcement Fund $17,143 0 Street Fund $1,039,208 N Combined Street Const/Improve Fund $(21,116) Municipal Arts Acquis. Fund $528,838 Q. Memorial Street Fund $18,368 0 Hotel/Motel Tax Revenue Fund $110,138 v Employee Parking Permit Fund $75,763 0 CL Youth Scholarship Fund $14,396 Tourism Promotional Fund/Arts $88,739 io Real Estate Excise Tax 2 $2,654, 24 Real Estate Excise Tax 1, Parks Acq Gifts Catalog Fund $26 ,630 $ ,965,816 ILL Special Projects Fund $39,353 L Cemetery Maintenance/Improvement $174,4 7 7 Parks Construction Fund $1,053,03 L Parks Trust Fund $156,058 Cemetery Maintenance Trust Fund 928,985 d Sister City Commission $7,603 .r Q' N Business I mprovement Di stri ct $62,323 L.I.D. Fund Control $3,812 E $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 v *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 38 Packet Pg. 411 INTERNAL SERVICE FUNDS OVERVIEW I 9.1.a I INTERNAL SERVICE FUNDS 511 - Equipment Rental Fund 512 -Technology Rental Fund Total Internal Service Funds 10,000,000 8,000,000 6,000, 000 4,000, 000 2,000, 000 FUND BALANCES ---- ACTUAL ---- 12/31 /2016 6/30/2017 9/30/2017 $ 8,311,631 $ 8,181,060 $ 8,365,513 $ - 125,380 179,345 $ 8,311,631 $ 8,306,440 $ 8,544,858 1 $ Internal Service Fund Balances $8,311,631 $8,181,060 $8,365,513 Dec 2016 June 2017 Sept 2017 CHANGE IN FUND BALANCES 0 ---- ACTUAL ---- 0 Q3 YTD a 184,453 $ 53,88: 53,965 179,34! c c ii 238,418 $ 233,22! >% L /may V r N L d E m .r a a� ■ 511- Equipment Rental Fund ■ 512-Technology Rental Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 39 Packet Pg. 412 10.1 City Council Agenda Item Meeting Date: 10/24/2017 Renewal of Contract with Yakima County Dept. of Corrections (5 min.) Staff Lead: Assistant Police Chief Don Anderson Department: Police Services Preparer: Don Anderson Background/History NA Staff Recommendation Staff requests that the Public Safety and Personnel Committee approve this matter for the consent agenda on November 6, 2017 authorizing the Mayor to sign the Agreement for continued services beginning January 1, 2018. Narrative The Edmonds Police Department currently has contracts with multiple jail facilities for the housing of both short and long-term prisoners. Jail capacities vary and at times facilities are unable to accommodate our needs for booking prisoners. In addition, costs vary from facility to facility with those on the east side of the state generally being less expensive, especially for long-term commitments. In order to have additional options for the incarceration of prisoners, as well as to ensure that we are being as financially responsible as we can be, we entered into an interlocal agreement with the Yakima County Jail in June of 2014, for the housing of long-term commitments. The agreement with Yakima County is set to expire on December 31, 2017. Staff wishes to continue our agreement with the Yakima County Jail for the housing of long-term commitments. The attached 2018 housing agreement includes two changes; an increase in the daily bed rate from $57.20 to $59.85 (to offset increases in medical and mental health expenses) and a change in the term of the agreement which will allow it to auto -renew annually for five years unless there is written notification from either party that they wish to terminate the agreement. The city attorney has reviewed this agreement and it has been approved as to form. Staff requests that the Public Safety and Personnel Committee approve this matter for the consent agenda on November 6, 2017 authorizing the Mayor to sign the Agreement for continued services beginning January 1, 2018. Attachments: City of Edmonds 2018 Contract (with City edits - clean) 10.12.17 Packet Pg. 413 10.1.a AGREEMENT FOR INMATE HOUSING 2018 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between Yakima County (hereinafter the "County") and the City of Edmonds (hereinafter the "City"). WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for inmate housing, and WHEREAS, the City desires to transfer custody of certain of its inmates to the County to be housed in the County's corrections facilities during those inmates' confinement, and to compensate the County for housing such inmates, and WHEREAS, the County desires to house inmates who would be otherwise in the City's custody on the terms agreed herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which the County will house City inmates. 2. Definitions. Business day means Monday through Friday excluding Yakima County standard holidays. Committing Court means the court that issued the order or sentence that established the City's custody of a City Inmate. Detainer — A legal order authorizing or commanding another agency a right to take custody of a person. City Inmate means a person subject to City custody who is transferred to County custody under this Agreement 3. General Provisions. The County shall accept City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates in the same manner as it provides housing, care and custody to its own inmates. The County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City, if the Inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability. The County shall provide notice to the City at least one business day prior to transport. 5. Inmate Transport. County Transported: The County shall transport Inmates to and from the County's corrections facilities except when weather or other conditions beyond the County's control prevent transport. Inmate transport dates will be determined by the amount of inmates the City has housed with the County. Agreement for Inmate Housing -- 2018 Page 1 Packet Pg. 414 10.1.a The County will pick up and drop off Inmates at a mutually agreed upon destination. In the event the City wishes the County to pick up and/or drop off a City Inmate at another detention or correction facility, the City shall notify the County of the location of the Inmate for pick up and/or drop off. The City shall provide a written inmate transport list to the County the business day prior to transport. At the time of scheduling transport if possible, but no later than transport pickup, the City shall provide to the County the warrant or court order detaining or committing the Inmate, as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. City Transported: The City will provide the County a written transport list to the County the business day prior to delivery. At the time of delivery, the City shall provide the County the warrant or court order detaining or committing the inmate as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. 6. Inmate Records. The City shall provide all medical records in its possession to the County's transport officers prior to the Inmate's departure from the City's detention or designated detention facility. In the event the Inmate is transported by the City, the City shall provide all medical records in its possession to the County's booking officer. In the event additional information is requested by the County regarding a particular Inmate, the County and City will mutually cooperate to provide the additional information needed. 7. Inmate Property. The County shall accept and transport Inmate property in accordance with Attachment B — Property, and shall be responsible only for inmate property actually delivered into County possession. The County shall hold and handle each Inmate's personal property in the same manner it holds and handles property of other County inmates. In the event a City Inmate is being transported from a City designated detention or correction facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered and accepted into County possession. When returning Inmates to the City, the County shall transport Inmate property according to the provisions of Attachment B — Property, and it shall be the responsibility of the County to dispose of any of the Inmate's property not transported with the Inmate. 8. Booking. Inmates shall be booked pursuant to the County's booking policies and procedures. Inmates transported by the City that are not acceptable at booking, will be the responsibility of the City to transport back to City. Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third party billing. The County and City will attempt to develop a process at City detention facilities for pre -booking Inmates who are being transferred to the custody of the County. Agreement for Inmate Housing -- 2018 Page 2 Packet Pg. 415 10.1.a 9. Classification. Inmates shall be classified pursuant to the County's classification policies and procedures, and within the sole discretion and judgment of the County. The City shall provide information identified in Attachment C — Classification, of this Agreement. 10. Housing. Inmates shall be assigned to housing pursuant to the County's policies and procedures, and within the sole discretion and judgment of the County. Provided however, that generally, if a City Inmate's classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex; 4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. The County may assign Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. The County shall provide in -facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards. Inmates shall be responsible for co -payment for health services according to County policy. The City shall not be responsible to the County for Inmate co -payments. No Inmate shall be denied necessary health care because of an inability to pay for health services. The County shall notify the City's designee(s) via e-mail or fax if a City Inmate requires medical or dental treatment at an outside medical or health care facility. The City shall be responsible to promptly notify the County of any changes in its designee(s). The City shall pay for all medical, mental health, dental or any other medical services that are required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear the expense of any such medical care necessitated by improper conduct of the County, or of its officers or agents. The County shall notify the City as soon as reasonably possible before the Inmate receives medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on the County. Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. The County shall discipline Inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from County Facilities. Except for work programs or health care, and during emergencies, Inmates shall not be removed from County facilities without written authorization from the City or by the order of any court having jurisdiction. Other jurisdictions Agreement for Inmate Housing -- 2018 Page 3 Packet Pg. 416 10.1.a may 'borrow" a City Inmate only according to the provisions of Attachment D — Borrowing. In the event of the Inmate's emergency removal, the County shall notify the City by email or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. The County shall establish and maintain an account for each Inmate. The County shall ensure family members and others have a reasonable process to add funds to a City Inmate's account, Upon returning custody of a City Inmate to the City, the County shall transfer the balance of that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of a check or a debit card in the name of the Inmate. In the event the County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefee or JPAY) the City may allow the County (or County's contracted representative) to install the equipment necessary for use of the system. The City shall not be financially responsible for any aspect of the system, including but not limited to installation or maintenance costs. The City shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a 'Detainer" status shall be handled according to Attachment E — Detainers. 19. Releases. The City shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates. Inmates will be released in accordance with Attachment F — Inmate Release. The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to any party other than the City, except as provided in this Agreement or as directed by the City. 20. Escape. If a City Inmate escapes County custody, the County shall notify the City as soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain custody of escaped City Inmates, and shall assume all costs connected with the recapture of the City Inmate. 21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or otherwise facilitate the City's communication with and receipt of reports from the other agency. The City shall provide the County with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The City may request in writing that the County arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associate with this Agreement for Inmate Housing -- 2018 Page 4 Packet Pg. 417 10.1.a request. Except, the County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. Reporting Requirements. Ordinarily on business days, the County will deliver the following reports to the JAG, which will disseminate them to the City: Here Now Report - a report detailing City inmates in YCDOC custody. Housing Report — a report detailing which city inmates are housed at the Yakima County Corrections Center. Custody Report — a report of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report — Identifies city inmates who are in special housing assignments 23. City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect County correction facilities where City Inmates are housed at reasonable times. During such inspections, the City may interview its Inmates and review its Inmates' records. The City shall have no right to interview inmates housed for other jurisdictions or to review their medical records, unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. The County and City may each permit the other continuous access to its computer database regarding all City Inmates housed by the County. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the City and appropriate computer(s) of the County. By separate mutual agreement, the County and City may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments and other court and conferencing needs. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the City shall pay the County based on the Monthly Average Daily Population (MADP) sliding scale: Mon thl, y A verage Daily Pop ula tlon (MADP) Daily Rate Per Inmate 151 - above $53.85 126-150 $54.85 101-125 $55.85 76-100 $56.85 51-75 $57.85 26-50 $58.85 0-25 $59.85 Agreement for Inmate Housing -- 2018 Page 5 Packet Pg. 418 10.1.a The Bed Rate includes all in -facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health services, the City shall be responsible for the cost of the services. The County shall not charge a booking fee in connection with housing the City's Inmates. The City may purchase additional beds, as available, at the then- existing bed rate; however, the County shall have the right to refuse to accept custody of or house inmates in excess of the City's minimum bed commitment. The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. This daily rate is established for 2018. Yakima County reserves the right to increase the daily rate with the understanding that they will provide the City of Edmonds ninety (90) days written notification prior to said increase. 25. Billing and Payment. The County shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the County and date and time released from the County and itemization of any additional charges including a description of the service provided, date provided and reason for service. The County shall provide said statement for each month on or about the IOt" day of the following month. Payment shall be due to the County within (30) days from the billing date. The County may bill the City electronically. Payments not received by the 3Ot" day shall bear interest at the rate of 1% per month until payment is received. The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 26. Duration of Agreement. The initial term of this Agreement will begin on January 1, 2018 at 12:00 am and will end at 11:59 pm on December 31, 2018, unless otherwise terminated in accordance with Section 30 of this Agreement; provided, that this Agreement will automatically renew annually for a total of five (5) years (through December 31, 2022) unless there is written notification from one party to the other that they wish to terminate the Agreement at the end of the current calendar year. Such notification will be sent to the receiving party no later than November 1st of the current year. 27. Independent Contractor. In providing services under this Agreement, the County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 28. Hold Harmless, Defense, and Indemnification. The County shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage Agreement for Inmate Housing -- 2018 Page 6 Packet Pg. 419 10.1.a to City Inmate property while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the County's services, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify the County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and the County in connection with or incidental to the performance or non-performance of the City's and or County's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section or this Agreement shall be construed to create a right in any third party to indemnification or defense. The County and City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. The County and City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. The County and City shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between the County and City with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious injury or death to the City's Inmates [Imperiling Conditions]; 2) the City has sent County written notice by certified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a Agreement for Inmate Housing -- 2018 Page 7 Packet Pg. 420 10.1.a reasonable period of time, which, unless the parties agree in writing to a longer period, shall be no more than 30 days after the County receives the City's notice. Termination under this provision shall be effective if and when: 1) after at least 30 days, the County has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the County formal written notice of final termination under this provision. After Termination under this provision the City shall have no further financial obligations under this Agreement. C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching party has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon and the City shall have no further financial obligations under this Agreement from the date of removal of its Inmates from the Yakima Facility or County's receipt of final notice that City is terminating the Agreement after the expiration of the cure period, whichever occurs last. 31. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 32. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of County stated herein. 34. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 35. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 36. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in King County 37. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Agreement for Inmate Housing -- 2018 Page 8 Packet Pg. 421 10.1.a 38. General Provisions. Unless otherwise agreed in writing executed by both parties, on and after January 1, 2018, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and the County under which the County houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. The County shall not delegate its duties pertaining to housing City Inmates without the written consent of the City, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event the County or City defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 39. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Al Compaan, Police Chief Edmonds Police Department 250 5t" Avenue North Edmonds, WA 98020 TO COUNTY: Ed Campbell, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the CITY OF EDMONDS, WASHINGTON By: City Mayor Date: Attest: By: City Clerk Agreement for Inmate Housing -- 2018 Page 9 Packet Pg. 422 10.1.a Approved as to form: By: City Attorney Agreement for Inmate Housing -- 2018 Page 10 Packet Pg. 423 10.1.a ATTACHMENT A MEDICAL ACCEPTABILITY The County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheel chair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. 8. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post -operative persons who have follow up appointments within the next four weeks 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. 17. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer's, dementia or other psychological conditions to the point where the inmate cannot perform activities of daily living ("ADL's") or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 21. Female inmates more than 5 months pregnant. Or any female inmate considered a high - risk pregnancy. 22. Persons undergoing chemotherapy and/or radiation treatment. 23. Persons undergoing dialysis. Agreement for Inmate Housing -- 2018 Page 11 Packet Pg. 424 10.1.a 24 25. 26. 27. 28. 29. 30. 31 32. Persons with the following untreated medical conditions: a) Heart disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS Persons who are HIV positive or have AIDS and are taking anti -viral medications. Persons taking Methadone, or Suboxone, a substitute for Methadone. Persons with suicidal ideations or gestures within the past 72 hours. Person, if prescribed, have not taken psychotropic medications for at least 72 hours Persons who have attempted suicide within the last 30 days. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. Persons displaying current psychotic episode. Persons requiring CPAP machines as prescribed must be transported with the machine. Agreement for Inmate Housing -- 2018 Page 12 Packet Pg. 425 10.1.a ATTACHMENT B PROPERTY County transport personnel will only accept Inmate property as follows: 1. The property shall be sealed in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the Inmate's property bag. 3. Checks and documents (court, warrants, etc) shall be attached to the outside of the property bag. 4. The transporting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the property bag. f) Material deemed to be contraband. Yakima County will limit property returned with the Inmate to the City according to these criteria. Agreement for Inmate Housing -- 2018 Page 13 Packet Pg. 426 10.1.a ATTACHMENT C CLASSIFICATION The City shall supply the County with the following Classification related information, if it known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. Agreement for Inmate Housing -- 2018 Page 14 Packet Pg. 427 10.1.a ATTACHMENT D BORROWING One contracting city may "borrow" another contracting city's inmate as follows: 1. If a City requests the transport of another contracting City's Inmate from the County the requesting City must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies the County in writing (e-mail) of its approval, the County shall provide the requested transport. The County will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the inmate. 2. Once custody of the City Inmate has been transferred to another agency, it is the responsibility of the requesting City to determine whether the City Inmate shall be returned to the custody of the County, and if so, the requesting City shall make all necessary and proper arrangements with the County and any agency with rights to custody of the Inmate, for the Inmate's return according to the terms of this agreement. 3. The County will not track the City Inmate once he or she has left the County's facility. 4. If the Inmate is returned to the custody of the County, the requesting City shall provide the County with sentencing/charge information. The City shall supply all pre -sentence, and post -sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid Yakima County in determining split billing and release dates. 5. If the agency requesting to borrow a City Inmate is not in the "Contracting Agency," the requesting agency will be responsible to make all transport arrangements including all legal paperwork for the transport with the City of jurisdiction. 6. The County will transport the City Inmate only to a King County city that also contracts with the County for Inmate housing. 7. Inmates transported by the City, cannot be borrowed out of YCDOC. Agreement for Inmate Housing -- 2018 Page 15 Packet Pg. 428 10.1.a ATTACHMENT E This attachment only applies to Inmates transported by the YCDOC. WARRANTS/OTHER COURT ORDERS/DETAINERS 1. The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers. When receiving a City Inmate, the Transport Officers shall review all paperwork provided by the City for all grounds to hold the Inmate and ensure that this information is entered into the County's JMS and is routed to the Out of County Transport Section Office Specialist. 2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will, upon receiving written permission (e mail) from the City, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If the City Inmate is subject to a warrant from a western Washington jurisdiction outside King County, YCDOC will release the Inmate at the location determined by written (e mail) agreement of the YCDOC and the City under Section 5 of this Agreement. c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the Inmate to the custodial agency for that jurisdiction on the Mini -Chain. d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that provides for statewide extradition, YCDOC will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini -Chain. 3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to the City, unless the County and City agree in writing (email) to some other course of action. Agreement for Inmate Housing -- 2018 Page 16 Packet Pg. 429 10.1.a ATTACHMENT F INMATE RELEASE County transport personnel will release City Inmates as follows: 1. Inside a staffed correction or detention facility (jail). 2. Inside a staffed police agency (sally port or other secured area). 3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released Inmate. 4. The County does not transport on Mondays. 5. City Inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to City by the regularly scheduled transport, or to be released to a family member or friend, or to the streets of Yakima. 6. Inmates transported by City must be picked up at least 12-(twelve) hours prior to the inmate's scheduled release date and time. If the inmate is not picked up before the scheduled release time, the Inmate will be automatically scheduled to be transported, at the City's cost to include the addition of transport fees for all days served, on the next available transport to the City. Agreement for Inmate Housing -- 2018 Page 17 Packet Pg. 430 10.2 City Council Agenda Item Meeting Date: 10/24/2017 Renewal of Inmate Housing Agreement with Lynnwood Municipal Jail (5 min.) Staff Lead: Assistant Police Chief Don Anderson Department: Police Services Preparer: Don Anderson Background/History Contract last came before council in 2014, the last time fees were revised. Staff Recommendation Staff requests that the Public Safety and Personnel Committee approve this matter for the consent agenda on November 6, 2017 authorizing the Mayor to sign the Agreement Amendment #1 for continued services beginning January 1, 2018. Narrative The current Interlocal Agreement for Jail Services with the City of Lynnwood is set to expire on December 31, 2017. This agreement automatically renews annually for one year terms until terminated as provided under the agreement or amended via a written and bilaterally executed amendment. Attached is Amendment #1 to our existing agreement which sets a new bed rate and booking fee for prisoners. This amendment has been approved as to form by the Edmonds City Attorney. The rate change will be effective on January 1, 2018 and increases the daily bed/housing rate from $85.00 per day to $116 per day. The current booking fee of $10.00 will increase to $30. These increases are uniform across the board to all agencies booking prisoners in the Lynnwood Municipal Jail. Required part-time nursing care at the facility as well as rising jail costs and a recent study that revealed what their true per bed, per day expenses are at their facility justify these increases. There are no other changes to this Interlocal Agreement. Staff requests that the Public Safety and Personnel Committee approve this matter for the consent agenda on November 6, 2017 authorizing the Mayor to sign the Agreement Amendment #1 for continued services beginning January 1, 2018. Attachments: Lynnwood Jail 2018 Rate Increase Letter -Amendment -Current ILA Packet Pg. 431 l 10.2.a LYNNWOOD W A S N I N G T O N POLICE July 21, 2017 To: Lynnwood City Jail Contract Agencies From: Deputy Chief Jim Nelson Lynnwood Police Department PO Box 5008 Lynnwood, WA 98046 (425) 670-5607 RE: Increase in Lynnwood City Jail Rates This letter is to advise all our contract agencies that the Lynnwood City Jail will be raising the daily housing rate effective January 1st, 2018. The decision to raise rates is not made lightly as we understand the budgetary constraints facing all our partners, especially in the area of prisoner housing. In mid-2015 the Lynnwood Jail implemented part-time nursing care at our facility. This contract was important to bring our jail into best practices, to best serve the inmate population and to reduce liability for our agency. This contract along with other rising jail costs necessitated an examination of our full fiscal picture. As part of a recent external comprehensive study conducted by the Matrix Group we established a true cost per bed day at our facility. This contract increase is commensurate with the full cost recovery of prisoner housing. Current Rate New Rate — Effective 1/l/18 Booking Fee $10.00 $30.00 Daily Bed Day Rate $85.00 $116.00 —1 We are sending our intent to raise rates to you now as many of you are in budget preparations for 2018. A contract addendum will be proposed to our City Council in the near terns and if approved will be sent to your agencies. If you have any questions please contact me. Reg*ds, Nelson, Deputy Chief DEDICATED TO PUBLIC SAFETY SINCE 1959 19321 44TH Ave W I PO Box 5008 1 Lynnwood, WA 98046-5008 1 Phone: 425-670-5600 1 Fax: 425-672-6835 1 www.LynnwoodWA.gov Packet Pg. 432 10.2.a L LYNNWOOD W A 5 N 1 N G i O N CITY OF LYNNWOOD Contract Title; INMATE HOUSING 1NTERLOCAL AGREEMENT Contracts Number: 2521- 2528 Amendment Number # 1 This Amendment is made as of the 51' day of September, 2017 ("Amendment Date"), between the City of Lynnwood {"City'}, a municipal corporation organized under the laws of the State of Washington ("Lynnwood"), and Cities of Mill Creek, Edmonds, Lake Forest Park, Wood Way, Brier, Bothell, Mount Lake Terrace and Snohomish County; municipal corporations organized under the laws of the State of Washington (hereinafter the "Cities," and together with Lynnwood, the "Parties" or individually "Party'). In consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto mutually agree to amend as follows: Section 23. Bed Rate. In consideration of Lynnwood's commitment to house City Inmates, the Cities shall pay Lynnwood based upon the rates and other applicable fees or charges stated in this Agreement. Bed Rate per ❑a or portion thereof): $116.00 Booking Fee: $30.00 The established increment will be effective on January 1 st, 2018. "All remaining Contract terrns and conditions remain unchanged. IN WITNESS WHEREOF, the City and the cities have executed this Amendment as of the date last written below. CITY OF LYNNWOOD WASHINGTON L2MLn--- By: Nicola Smith, Mayor �t(z(zon Date The Cities By: City Date City Jail Services Rev. 8.11.17 Packet Pg. 433 10.2.a CITY OF LYNNWOOD Contract Title: INMATE HOUSING INTERLOCAL AGREEMENT Contract Number: 2522 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between the City of Lynnwood, a municipal corporation organized under the laws of the State of Washington ("Lynnwood"), and the City of Edmonds, a municipal corporation organized under the laws of the State of Washington (hereinafter the "City," and together with Lynnwood, the "Parties" or individually "Party"). This Agreement is made in accordance with Sections 39.34.080 and 39.34.180 and Chapter 70.48 of the Revised Code of Washington ('RCW) for the purpose of establishing the terms and conditions pursuant to which the City will transfer custody of certain Inmates to Lynnwood to be housed at Lynnwood's Detention Facility. In consideration of the mutual covenants, conditions, and promises contained herein, the Parties hereto mutually agree as follows: 1. Purpose and Term. The purpose and intent of this Agreement is to establish the terms under which Lynnwood will house certain Inmates of the City for the period January 1, 2015 through December 31, 2015. This Agreement shall be automatically renewed annually for one year terms until terminated as provided under this Agreement, or amended through a written and bilaterally executed amendment. 2. Definitions. Business Day — Monday through Friday excluding Lynnwood observed holidays. Committing Court — The court that issued the order or sentence that established the City's custody of a City Inmate. Credit for Time Served — Credit authorized by the sentencing court against the number of days to be served in confinement. Detainer — A legal order authorizing or commanding another Party a right to take custody of a person. City Inmate — A person subject to City custody who is transferred to Lynnwood's custody under this Agreement. Good Time — Time earned by Inmates for good behavior while in custody. Good Time will be awarded at the conclusion of an Inmate's sentence and will comply with restrictions imposed by RCW 9.92.151. Inmate — Persons transferred to Lynnwood's custody to be housed at the Lynnwood Detention Facility. Lynnwood Detention Facility — The detention facility operated by Lynnwood located at 19321 44" Ave. W., Lynnwood, WA 98036. 3. General Provisions. Lynnwood shall accept and incarcerate City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates pursuant to Lynnwood policies and procedures and in the same manner as it provides housing, care and custody to other Inmates. Lynnwood shall manage, maintain, and operate the Lynnwood Detention Facility in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return City Inmate. To the greatest extent permitted by law, Lynnwood shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City if the City Inmate has a current illness or injury that is listed in Attachment A — Medical Acceptability, or in the reasonable judgment of Lynnwood presents a substantial risk of escape, or of injury to self or Inmate Housing ILA #2522 1 Rev 11.4.14 Packet Pg. 434 10.2.a other persons or property, or of adversely affecting or significantly disrupting the operations of the Lynnwood Detention Facility. Lynnwood shall provide notice to the City at least one (1) business day prior to transport if a City Inmate is being returned to the City if feasible. Lynnwood retains the right, in its sole discrection, of refusing or to return an inmate to the City. 5. Inmate Transport and Delivery. The City shall be responsible and provide for the transportation and delivery of City Inmates to the Lynnwood Facility and for court appearances, including costs associated therewith. At the time of delivery, the City shall provide a court commitment order to Lynnwood. Said order shall specify the release date for the Inmate. 6. Inmate Medical Records. Should a City Inmate receive medical care for injuries or illness at the time of arrest, and prior to booking at the Lynnwood Detention Facility, the City shall provide copies of medical records documenting such medical care to Lynnwood at the time of booking if the City has access to such records. Lynnwood may require these records to determine if City Inmates meet conditions identified in Attachment A — Medical Acceptability. If the City cannot provide such records, Lynnwood, in its sole discretion, may refuse to accept a City Inmate. 7. Inmate Property. Lynnwood shall accept City Inmate property in accordance with Attachment B — Property, and shall be responsible only for City Inmate property actually delivered into Lynnwood's possession. Lynnwood shall hold and handle each City Inmate's personal property pursuant to Lynnwood policies and procedures and in the same manner it holds and handles property of other Inmates. In the event a City Inmate is being transported from a City designated detention or correction facility, it will be the responsibility of the City to process the City Inmate's property not delivered and accepted into Lynnwood's possession. 8. Booking. City Inmates shall be booked pursuant to Lynnwood's booking policies and procedures. Pursuant to RCW 70.48.130, and as part of the booking procedure, Lynnwood shall obtain general information concerning the City Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third party billing. 9. Classification. City Inmates shall be classified pursuant to Lynnwood's classification policies and procedures, and within the sole discretion and judgment of Lynnwood. The City shall provide information regarding each City Inmate as specified in Attachment C — Classification. 10. Housing. City Inmates shall be assigned to housing pursuant to Lynnwood's policies and procedures, and within the sole discretion and judgment of Lynnwood. 11. Inmate Work Programs. Lynnwood may assign City Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties pursuant to Lynnwood's policies and procedures and within the sole discretion and judgment of Lynnwood. 12. Health Care. City Inmates shall be responsible for co -payment for health services. The City shall be responsible in the event the Inmate cannot pay these costs. No City Inmate shall be denied necessary health care because of an inability to pay for health services. Lynnwood shall notify the City's designee(s) via electronic means, including e-mail or fax, at the notice address identified in this Agreement if a City Inmate requires medical, mental health, dental, or other medical services at an outside medical or health care facility. The City shall promptly notify Lynnwood of any changes in its designee(s). Lynnwood shall notify the City within a reasonable time period before the City Inmate receives medical, mental health, dental or any other medical services outside of the Lynnwood Facility. The City acknowledges that such notice may not be reasonably possible prior to emergency care. The City shall pay for all medical, mental health, all prescription medications, dental or any other medical services that are required to care for City Inmates outside of the Lynnwood Detention Facility. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses, and shall not be a basis for imposing financial responsibility for related medical expenses on Lynnwood. Lynnwood shall bear the expense of any such medical care necessitated by improper conduct of Lynnwood, or of its officers or agents. Inmate Housing ILA #2522 2 Rev 11.4.14 Packet Pg. 435 10.2.a If a City Inmate is admitted to a hospital, the City shall be responsible for hospital security unless other arrangements are made with Lynnwood. Lynnwood may provide hospital security services for an additional charge if staff is available, at Lynnwood's sole discretion. Outside medical expenses for City Inmates housed on behalf of more than one (1) jurisdiction shall be the sole responsibility of the City, which will be solely responsible to recoup these expenses from other jurisdictions. The City shall be responsible for transportation of an Inmate to non -emergency medical appointments outside of the Lynnwood Detention Facility. 13. Inmate Discipline. Lynnwood shall discipline City Inmates according to Lynnwood policies and procedures and in the same manner which other Inmates are disciplined; provided, however, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable Inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from the Lynnwood Detention Facility. Except for work programs or health care, and during emergencies, City Inmates shall not be removed from the Lynnwood Detention Facility without written authorization from the City or by the order of a court of competent jurisdiction. Other jurisdictions may "borrow" a City Inmate only according to the provisions of Attachment D — Borrowing. In the event of the City Inmate's emergency removal, Lynnwood shall notify the City by electronic means, including e-mail or fax, as soon as reasonably possible. No early release or alternative to incarceration, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. Lynnwood shall provide reasonable scheduled visitation for attorneys, spouses, family and friends of City Inmates, in accordance with Lynnwood policies and procedures. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to City Inmates to communicate with their legal counsel. The City shall provide to Lynnwood any known telephone numbers Inmates should use to reach legal counsel. 17. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E — Warrants/Other Court Orders/Detainers. 18. Releases. Inmates shall be released from the Lynnwood Detention Facility in accordance with court orders. Lynnwood shall not transfer custody of a City Inmate housed pursuant to this Agreement to any Party other than the City, except as provided in this Agreement or as directed by the City. 19. Jail Sentence Calculations. Lynnwood shall award Good Time credits for Inmates in custody in accordance with state law and any policies adopted by Lynnwood. The City is responsible to notify Lynnwood of any credit days awarded for time served by use of court commitment forms. 20. Escape. If a City Inmate escapes Lynnwood's custody, Lynnwood shall notify the City as soon as reasonably possible. Lynnwood shall use all reasonable efforts to pursue and regain custody of escaped City Inmates. 21. Death. If a City Inmate dies while in Lynnwood custody, Lynnwood shall notify the City as soon as reasonably possible. The Snohomish County Medical Examiner shall assume custody of the City Inmate's body. Unless another Party becomes responsible for investigation, Lynnwood shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another Party becomes responsible for investigation, Lynnwood shall serve as a liaison or otherwise facilitate the City's communication with and receipt of reports from the other Party. The City shall provide Lynnwood with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The City may request in writing that Lynnwood arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associated with this request. Inmate Housing ILA #2522 3 Rev 11.4.14 Packet Pg. 436 10.2.a 22. City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect the Lynnwood Detention Facility at reasonable times. During such inspections, the City may interview City Inmates and review City Inmates' records. The City shall have no right to interview Inmates housed for other jurisdictions or to review their records, unless City is properly authorized to do so by the Inmate or the other jurisdiction. 23. Bed Rate. In consideration of Lynnwood's commitment to house City Inmates, the City shall pay Lynnwood based upon the rates and other applicable fees or charges stated in this Agreement Bed Rate per Day for portion thereo : $85.00 Bookinq Fee: $10.00 All contract rates are established to recover full cost of services and may be adjusted by Lynnwood on a yearly basis. In the event rates are to be changed, amendments to this contract will be sent to the City no less than 180 days prior to December 31 s� of each year or otherwise as the Parties agree. Any revised fees shall be attached to this Agreement as an addendum. Nothing in this Section, or revision to fees, shall affect the right of either Party to terminate this Agreement according to Section 30. 24. Billing and Payment. Lynnwood shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the Lynnwood Detention Facility and date and time released from Lynnwood and itemization of any additional charges including a description of the service provided, date provided and reason for service. Lynnwood shall provide said statement for each month on or about the 15th day of the following month. Payment shall be due to Lynnwood within 30 days from the date of the bill. Lynnwood may bill the City electronically. The Daily Rate for City Inmates housed on charges from multiple agencies will be divided equally among those agencies. 25. Billing and Dispute Resolution. Withholding of any amount billed or alleging that any Party is in violation of any provision of this Agreement shall constitute a dispute, which shall first attempt to be resolved as follows, and as a mandatory predicate to termination as provided in Section 30(C): A. For billing disputes, the City must provide written notice of dispute to Lynnwood within 60 days of the disputed billing stating the reason that the charges are disputed. Lynnwood shall respond in writing to such disputes within 60 days of receipt of such notice of dispute. B. For both billing and other types of disputes, Lynnwood and the City shall attempt to resolve the dispute by negotiation between staff members of each Party. If such negotiation is unsuccessful, and the dispute involves billing issues, Lynnwood shall notify the City that the billing remains due, and give notice that if the City does not make payment within 30 days that Lynnwood may opt to cease accepting Inmates from the City. If the dispute involves another type of issue, or is not resolved through staff negotiations, the Parties agree to at least one (1) meeting between their executive leadership to attempt to reach an administrative remedy. The Parties agree that all administrative efforts will be exhausted prior to pursing other contractual, legal, equitable or alternative dispute resolutions. 26. Duration of Agreement. The duration of this Agreement shall be as stated in Section 1 unless otherwise terminated in accordance with Section 30 of this Agreement. 27. Independent Contractor. In providing services under this Agreement, Lynnwood is an independent contractor and neither it nor its officers, nor its agents nor its employees shall be deemed employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. The provision of services under this Agreement Inmate Housing ILA #2522 4 Rev 11.4.14 Packet Pg. 437 10.2.a shall not give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a Party to this Agreement. 28. Hold Harmless, Defense, and Indemnification. Lynnwood shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any City Inmate, or loss or damage to City Inmate property while in Lynnwood custody) that result from or arise out of the acts or omissions of Lynnwood, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of Lynnwood's services, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify Lynnwood, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, alleged violation of civil rights, injury, or death of any City Inmate, or loss or damage to City Inmate property while in Lynnwood custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and Lynnwood in connection with or incidental to the performance or non-performance of the City's and or Lynnwood's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and Lynnwood shall each be liable for its proportionate concurrent negligence in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this section or this Agreement shall be construed to create a right in any third party to indemnification or defense. Lynnwood and the City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the Parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. Lynnwood and the City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. Lynnwood and the City shall each maintain throughout the term of this Agreement, Commercial General Liability coverage with limits not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate; Employer's Liability with limits not less than one million dollars ($1,000,000) per employee and two million dollars ($2,000,000) aggregate; Police Professional or Law Enforcement Liability with limits not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate: Errors & Omissions Liability with limits not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate; and Automobile Liability insurance with limits not less than one million dollars ($1,000,000) each accident. Any coverage provided on a Claims Made basis must include a Retroactive Date that is on or prior to the effective date of this contract. Any coverage provided on a Claims Made basis must be maintained at least three (3) years after termination of the contract. Inmate Housing ILA #2522 5 Rev 11.4.14 Packet Pg. 438 10.2.a 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between Lynnwood and the City with 90 days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at the Lynnwood Detention Facility present an imminent risk of serious injury or death to the City's Inmates ("Imperiling Conditions"); 2) the City has sent Lynnwood written notice by electronic means, including e-mail or fax, as soon as reasonably possible describing with reasonable specificity the Imperiling Conditions; and 3) Lynnwood has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the Parties agree in writing to a longer period, shall be no more than 45 days after Lynnwood receives the City's notice. Termination pursuant to this section 30(B) shall be effective if and when: 1) after at least 45 days, Lynnwood has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given Lynnwood formal written notice of final termination pursuant to this Section 30(B). C. Material Breach: Subject to compliance with Section 25 above, either Party shall have the right to terminate this Agreement if: 1) the other Party is in material breach of any term of this Agreement; 2) the terminating Party has sent the breaching Party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching Party has failed to cure the breach within 90 days, unless the Parties agree in writing to a longer cure period. D. By Either Party. This Agreement may be terminated by written notice from either Party to the other Party delivered by regular mail to the contact person identified herein, provided that termination shall become effective 90 days after receipt of such notice. Within said 90 days, the City agrees to remove its Inmate(s) from the Lynnwood Detention Facility. 31. Equal Opportunity. Neither Party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, veterans and military status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (chapter 49.60 RCW) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other Party may terminate this Agreement as provided in Sections 25 and 30 above. 32. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either Party to any other person or entity without the prior written consent of the other Party, which consent shall not be unreasonably withheld. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Party stated herein. 33. Non -Waiver. The failure of either Party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 34. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid by a court, the remainder of the Agreement shall remain in full force and effect. 35. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Superior Court for the State of Washington in Snohomish County. 36. Approval and Filing. Each Party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each Party. The signatures of the Inmate Housing ILA #2522 6 Rev 11.4.14 Packet Pg. 439 10.2.a authorized signatory(ies) and Lynnwood below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed pursuant to RCW 39.34.040. 37. General Provisions. Unless otherwise agreed in writing and executed by both Parties, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and Lynnwood under which Lynnwood houses City Inmates, and no other oral or written agreements between the Parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either Party unless such change or addition be in writing and executed by both Parties. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. This Agreement may be executed in any number of counterparts. 38. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the Parties to their addresses as follows: TO CITY: City of Edmonds Attn: Chief Al Compann 250 5'h Avenue North Edmonds, WA 98020 TO CITY OF LYNNWOOD: City of Lynnwood Purchasing and Contracts Division P.O. Box 5008 Lynnwood, WA 98046-5008 Phone: (425) 670-5000 AND City of Lynnwood Attn: Detention Commander P.O. Box 5008 Lynnwood, WA 98046-5008 Alternatively, to such other addresses as the Parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. Inmate Housing ILA #2522 Rev 11.4.14 Packet Pg. 440 10.2.a I SIGNATURE BLOCKS I City of E rr nds Printed: ZaV / ,q-- Title: lei Date: By: _ Printed: ghe?aA1f Ca Title:_ rr✓ 1+ 11! Date: %a — .20 t By: Printed:�S " .sS Title: Date:_�o� L 9' City of Lynnwood: By: Painted: Nicola Smith Title: Mayor Date: -ZV� 11-0- 257 M Approved as to Form: By: Printed: Rosemary Larson Title: Lynnwood City Attorney Date: i Z` 3 1 M Attest: B . i Printed:lT�` Date:! I If.. Inmate Housing ILA #2522 8 Rev 11.4.14 Packet Pg. 441 10.2.a ATTACHMENT A MEDICAL ACCEPTABILITY Lynnwood shall determine the medical and mental acceptability of Inmates for booking or housing using the following guidelines. Lynnwood retains the right to not accept an Inmate in its sole discretion. Excluding criteria include but are not limited to: 1. Signs of untreated broken bones or dislocated joints. 2. Any injury or illness requiring emergency medical treatment. 3. Unconsciousness. 4. Inmates unable to stand and walk under their own power, unless they normally use an assistive device, such as a wheelchair, for mobility. 5. Bed bound individuals. 6. Individuals with attached IV or requiring IV medications. 7. Individuals requiring the use of oxygen tanks. 8. AMA (Against Medical Advice) from the hospital. 9. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 10. Wounds with drainage tubes attached. 11. Persons with Alzheimer's, dementia or other psychological conditions to the point where the Inmate cannot perform activities of daily living ("ADL's") or who do not have the capacity to function safely within a correctional environment. 12. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 13. Persons undergoing chemotherapy and/or radiation treatment. 14. Persons undergoing dialysis. 15. Persons with suicidal ideations or gestures within the past 72 hours. 16. Persons, if prescribed and regularly using, who have not taken psychotropic medications for at least 72 hours. 17. Persons who have by self -disclosure, admitted to attempting suicide within the last 30 days. 18. Persons who have attempted suicide during their current incarceration. 19. Persons displaying current psychotic episode. Inmate Housing ILA #2522 9 Rev 11.4.14 Packet Pg. 442 10.2.a ATTACHEMENT B PROPERTY Lynnwood retains the right to refuse to accept Inmate property in its sole discretion. The following list of guidelines is an example only, will be amended from time to time, and be in force as implemented for Lynnwood Jail management without the requirement for amending this contract. Lynnwood will endeavor to notify a City of significant changes that may impact the services outlined in this agreement. Lynnwood may accept Inmate property as follows: 1. The property must be able to fit in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, checks and documents, and medications shall be placed in a clear envelope within the Inmate's property bag. 3. Lynnwood will not accept the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or perishable food products. c) Any type of weapon (includes pocket knives). d) Liquids. e) Helmets of any kind. f) Any items that will not fit into the property bag. g) Material deemed to be contraband. h) Marijuana or associated drug paraphernalia. Lynnwood will limit property returned with the Inmate to the City according to these criteria. Inmate Housing ILA #2522 10 Rev 11.4.14 Packet Pg. 443 10.2.a ATTACHMENT C CLASSIFICATION The City shall supply Lynnwood with the following Classification related information, if known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. Inmate Housing ILA #2522 11 Rev 11.4.14 Packet Pg. 444 10.2.a ATTACHMENT D BORROWING One Party may "borrow" another Party's Inmate as follows: 1. If a Party requests the transport of another Party's Inmate from Lynnwood the requesting Party must notify each Party with rights to custody of the Inmate, and if each Party with rights to custody of the Inmate notifies Lynnwood in writing (e-mail) of its approval, Lynnwood shall provide the requested transport to the requesting Party. Lynnwood will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the Inmate. 2. Once custody of the Inmate has been transferred to the requesting Party, it is the responsibility of the requesting Party to determine whether the Inmate shall be returned to the custody of Lynnwood, and if so, the requesting Party shall make all necessary and proper arrangements with Lynnwood and any Party with rights to custody of the Inmate, for the Inmate's return according to the terms of this Agreement. The requesting Party, to the full extent permitted by law, defends, indemnify, save and hold harmless Lynnwood as provided in Section 28 of the Agreement. 3. Lynnwood will not track the Inmate once he or she has left Lynnwood's facility. 4. If the Inmate is returned to the custody of Lynnwood, the requesting Party shall provide Lynnwood with sentencing/charge information. The requesting Party shall supply all pre - sentence and post -sentence paperwork from agreeing Party's that authorized the borrowing of the Inmate. This will aid Lynnwood in determining split billing and release dates. Inmate Housing ILA #2522 12 Rev 11.4.14 Packet Pg. 445 10.2.a ATTACHMENT E WARRANTS/OTHER COURT ORDERS/DETAINERS The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers: 1. When receiving a City Inmate, the Booking Officers shall review all paperwork provided by the City for all grounds to hold the Inmate. 2. Prior to releasing a City Inmate, Lynnwood shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the City Inmate is subject to a confirmed warrant from another Washington jurisdiction, Lynnwood will process the Inmate for transfer on the Cooperative Transport Chain. Inmate Housing ILA #2522 13 Rev 11.4.14 Packet Pg. 446