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2023-06-13 City Council PPW Packet1. Op E D o Agenda Edmonds City Council tn.. ISLP PARKS AND PUBLIC WORKS COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 JUNE 13, 2023, 7:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 3:30- 9:30 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: DAVE TETZEL (CHAIR), DIANE BUCKSHNIS, COUNCIL PRESIDENT (EX- OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 1. Car Show & Oktoberfest Event Agreements (10 min) 2. Athletic Field Use & Reservation Policy (15 min) 3. Letter to WSDOT regarding Unocal property (10 min) 4. Boys & Girls Club New Facility Design (30 min) 5. Volunteer Project for Interim Emergency Realignment of Shell Creek in Yost Park (10 min) 6. Authorization of 2024 Vehicle and Equipment Replacements (10 min) 7. Clean Buildings Act - Frances Anderson Center Investment Grade Audit (10 min) 8. Job Order Contraction - Fire Station #17 Apparatus Bay Ceiling Replacement (5 min) 9. Job Order Contracting - City Park Building Asphalt Overlay (5 min) 10. Presentation of Professional Services Agreement for design engineering services for Edmonds Marsh Water Quality Improvements Project (10 min) Edmonds City Council Agenda June 13, 2023 Page 1 11. Presentation of Professional Services Agreement for design services for Ph 4 Storm Utility Replacement/Rehab Project (5 min) 12. Professional Services Agreement for Phase I of the Storm and Surface Water Comprehensive Plan Update (15 min) 13. Safety Action Plan Grant (Federal Safe Streets & Roads for All) (5 min) 14. Report on Construction Bids for Citywide Bicycle Improvements and Elm Way Walkway Projects (15 min) ADJOURNMENT: 9:30 PM Edmonds City Council Agenda June 13, 2023 Page 2 2.1 City Council Agenda Item Meeting Date: 06/13/2023 Car Show & Oktoberfest Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Council authorizes event agreements on behalf the City of Edmonds. In 2022 the Car Show and Oktoberfest took place on their typical dates in the same locations as are being presented today. To date the City Council has authorized Special Event Agreements for SpringFest, Market, Edmonds Arts Festival, 4th of July and Taste Edmonds. At this meeting City Staff is presenting event agreements for the Car Show and Oktoberfest. Staff Recommendation Staff recommends the City Council support the event agreement between the City of Edmonds and the Greater Edmonds Chamber of Commerce for the Car Show and the event agreement between the City of Edmonds and the Edmonds Rotary Club for Oktoberfest and forward them to the June 20, 2023 Consent Agenda. Approval on Consent Agenda for the next Regular Council Meeting would authorize the Mayor to sign the contracts. Narrative The event agreements are very similar to agreements in previous years. Each event producer is required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event and all South County Fire regulations for public events. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Development Services, Economic Development and Risk Management (HR)) and are approved as to form by the City Attorney. Classic Car Show Event Agreement (attached): This one -day event will be held on Sunday, September 10, 2023 and is largely the same as in previous years. The event will utilize several streets downtown to showcase classic cars. The event is free and open to the public. The Chamber will pay for one officer to be on -site throughout the day. The Chamber is required to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the events. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance and ensure the public spaces be left in good condition. Oktoberfest (attached): Packet Pg. 3 2.1 This two-day event takes place on Friday, September 15th and Saturday, September 16th on the Frances Anderson Center Field. The event is free and open to the public with the only admission fee being to enter the 21+ beer garden area. The children's area, pet parade, vendor area and food trucks staged on 8th avenue between Main St. and Dayton St. are accessible to the public free of charge. This event is the Edmonds Rotary Club's big annual fundraiser. There will not be a 5K race this year. The Rotary is required to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the events. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance and ensure the public spaces be left in good condition. Both event agreements have been reviewed by the City's Attorney, Police, Fire, Streets, Risk Management, Parks and Engineering departments. Attachments: 2023 Classic Car Show Event Agreement 2023 Oktoberfest Event Agreement Packet Pg. 4 2.1.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND THE GREATER EDMONDS CHAMBER OF COMMERCE THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for many years held a public event known as the Edmonds Classic: Car & Motorcycle Show ("Classic Car Show" or "Event"); and WHEREAS, the City Council finds that the "Classic Car Show" provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City: 1.1 City will provide use of the following surfaces by Chamber for the Classic Car Show as shown in Exhibit A (hereinafter referred to as the "City -Provided Site"): "Center Round" around the fountain in downtown Edmonds at 5th Avenue and Main Street, ii. Main Street from the East side of its intersection with 3'd Avenue to the West side of its intersection with 61h Avenue, iii. 4th Avenue from the South side of its intersection with Bell Street to the North side of its intersection with Dayton Street, and again from the South side of its intersection with Dayton Street to approximately 100 feet south down 4th Avenue, iv. 5th Avenue, from the North side of its intersection with Walnut Street to the South side of its intersection of the northern leg of Bell Street, v. Dayton Street, from the West side of 5th Avenue to the East side of 4th Avenue, vi. Dayton Street, from the East side of 5th Avenue to immediately east of 529 Dayton Street, Packet Pg. 5 2.1.a vii. City Hall parking lot located immediately South of the City Hall building at 121 5th Avenue N and the parking lot under City Hall, viii. On street parking spaces on 5th Ave N from Bell Street to Seville driveway, 217 5th Ave N (west), and Bell Street to the Public Safety parking lot access midblock (east). 1.2 City will place "no parking" signs a minimum of 72 hours before the Event, which is scheduled for Sunday, September 10, 2023, so as to clear the City -Provided Site of all vehicles from 2:00 a.m. on the date of the Event until 7:00 p.m. on the same day. The Main and 5th closure to the most northern portion of Bell will be until 8:00 p.m. 1.3 City will provide barriers near the following 17 locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit A: 1.3.1 Pine and 5th, to close 5th Avenue north to Walnut, controlling northbound traffic. Northbound will reopen by 11:30 am following registration. 1.3.2 Howell and 5th, to Walnut, controlling southbound traffic Southbound will reopen by 10:00 am following registration. 1.3.3 Walnut and 5th, to close 5th Avenue north and south of Walnut Street 1.3.4 Alder and 5th, to close Alder Street east of 5th Avenue 1.3.5 Maple and 5th, to close Maple Street east of 5th Avenue 1.3.6 On 4th, to close 0 Avenue south of Dayton 1.3.7 4th and Dayton, to close Dayton at 4th 1.3.8 Dayton Street immediately east of 529 Dayton Street to close Dayton West of this point 1.3.9 Main and 6th, to close Main Street west of 6th Avenue 1.3.10 6th and the Alley between Bell Street and Main Street (local access only) 1.3.11 5th and the Alley to the South of Museum, to close 5th Avenue N 1.3.12 Alley between 4th Avenue N and 5th Avenue N and Main Street to block traffic from entering Main Street 2 Packet Pg. 6 2.1.a 1.3.13 Main and 3rd, to close Main Street east of 3rd Avenue 1.3.14 4th and Bell, to close 0 Avenue N south of Bell Street 1.3.15 Alley between 4th Avenue N and 5th Avenue N and Bell Street (local access only) 1.3.16 5th and Bell, to close 5th Avenue N south of Bell Street 1.3.17 5th and Bell, to close 5th Avenue N (south side of Centennial Plaza) 1.4 The intersection of 5th Avenue South at Walnut Street will remain open to general traffic east and west, but access will be controlled and may be limited to allow for safe staging of Event vehicles. There will be an event volunteer at the intersection to designate which vehicles will be part of the Event and aid east and west traffic through the intersection. 1.5 City shall arrange for one police officer to work the Event from approximately 7:00 a.m. until the conclusion of the Event (exact times to be decided mutually between the Chamber and the Edmonds Police Department). Chamber will be responsible for paying the actual cost of the overtime wages for the police officer incurred by the City. 1.6 City will deliver barriers so as to allow Chamber to position such barriers at 5:00 a.m. the day of the Event. The number of barriers left by City at each of the eight locations will be sufficient to provide adequate street closure. 1.7 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Chamber: 2.1 On the day of the Event, Chamber will place traffic cones on the center -dividing line of 5th Avenue between Pine Street and Walnut Street from 5:00 a.m. until 10:00 a.m. 2.2 Chamber will remove barriers at 7:00 p.m. to reopen intersections after first checking with the officer on duty and receiving confirmation that it is safe to do so. 2.3 Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the Event, but will have no authority to waive the requirements of city ordinance or state law. Packet Pg. 7 2.1.a 2.4 Chamber will establish a sixteen -foot (16') fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of the Event. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. 2.5 All use and configuration of structures, booths and other temporary facilities used in the Event must comply with the South County Fire "Food Trucks and Special Events Standard" and "Food Vendor & Festival Requirements" set forth in Exhibit B, attached hereto and incorporated herein by this reference. Such structures, booths and facilities will be inspected and reviewed by the Edmonds Fire Marshal, Police Chief, Building Official, and Parks and Recreation Director, or their designees, to determine whether the facilities in use comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. The Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., September 10, 2023, as the Parties will agree and note all potential problems. Prior to the opening of the Event, Chamber will correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property appears. 2.6 Chamber will provide a fire watch for all times in and around the booths and displays open to the general public as a part of the Event. 2.7 Chamber will obtain and note on the back of the Classic Car Show registration card, which is posted on the dashboard of cars on display, at least one cell phone number for the car's owner, to allow Chamber to contact the owners when away from their cars. 2.8 Insurance: Chamber shall provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products - completed operations and contractual liability. The City of Edmonds will be named as an additional insured on Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that Chamber's insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the 4 Packet Pg. 8 2.1.a City of Edmonds will be excess of Chamber's insurance and will not contribute with it. Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.9 Chamber agrees that the Classic Car Show is a public event. Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, Chamber will permit citizens attending events open to the general public at the City -Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.10 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.11 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.12, below). 2.12 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. Chamber will ensure that on -site collection containers are serviced properly and continually during the Event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to August 15, 2023, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. s Packet Pg. 9 2.1.a 2.13 Indemnification: Chamber shall defend, indemnify, and hold City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Chamber and City, its officers, officials, employees, and volunteers, Chamber's liability hereunder shall be only to the extent of Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Chamber's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.14 The Parties acknowledge that pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.15 Chamber will provide any and all security services necessary to reasonably secure the area and facilities provided, including the City -Provided Site. City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.16 Chamber will provide sufficient wash stations and approximately five (5) sani- cans that may be placed on site the night preceding the Event. Garbage service will be contracted and paid for by Chamber. Chamber will place thirteen (13) garbage and recycle containers around downtown for garbage collection. 2.17 Upon completion of the Event, Chamber will make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements will be completed by 7:00 p.m. on that day. Cleanup of sidewalks will be completed by 11:00 p.m. on that day. Cleanup 6 Packet Pg. 10 2.1.a areas include the City -Provided Site as described in Section I and all streets immediately surrounding the Event perimeter. A final inspection of the Event area will be conducted by a designated City official to determine if all areas are clean and returned to their original condition. For purposes of marking sidewalk or asphalt, Chamber agrees to use a temporary, water soluble, environmentally friendly material, further Chamber will make best efforts to minimize the markings used on sidewalks and streets. 2.18 Chamber will pay City all permit fees for the above -mentioned facility use and services at least ten (10) days prior to the Event, and will reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.19 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.20 Chamber will provide "no parking" signs to the City no later than September 1, 2023. 2.21 Chamber will coordinate with and hire one Edmonds Police Officer for the duration of the Event. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. Packet Pg. 11 2.1.a 3.2 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of Chamber will be deemed to be the same of City for any purpose. Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.3 Compliance with Laws. Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. Chamber will consult this information regularly during the course of the Event to ensure that the latest guidelines and requirements are promptly implemented. 3.4 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.5 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by Chamber will constitute a breach of this Agreement. In the event Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving Chamber twenty-four (24) hours' advance written notice, City may terminate this Agreement. Provided, the Parks, Recreation & Human Services Director may order Chamber to cease operation of the Event hereunder immediately at any time should the Parks, Recreation & Human Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, Chamber will have no further rights hereunder, and City may require the immediate removal of all property of Chamber and its vendors from the City -Provided Site. DATED this day of CITY OF EDMONDS: Mike Nelson, Mayor 2023. GREATER EDMONDS CHAMBER OF COMMERCE: Ryan Crowther, President and CEO Packet Pg. 12 2.1.a ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 13 2.1.a Exhibit A City Provided -Site io Packet Pg. 14 Exhibit B !IR 1� FOOD TRUCKS AND SPECIAL EVENTS STANDARD BUSINESS LICENSE ❑ All food trucks are required to obtain a business license unless they are part of a special event in which case they are covered under the special event. FIRE LANE ❑ A MINIMUM 20-foot Fire Lane must ALWAYS be maintained for emergency vehicle access ❑ Unobstructed access to fire hydrants and FDCs shall always be maintained. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) TENTS AND OTHER MEMBRANE STRUCTURES ❑ All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. Exceptions are: a. Limited in size to 120 square feet; b. Occupancy is limited to 10 persons or less; c. Minimum of 12 feet seperation between the canopy and the building (including any overhang or canopy); and Cl. No open flame or cooking is associated with the use of the canopy. ❑ Tents shall be 400 square feet or less, or an additional permit maybe required. The aggregate area of multiple tents placed side by side shall not exceed 700 square feet without having a 12-foot fire break. Break may be reduced to 10 feet with the approval of the fire official. Smoking shall not be permitted in tents or membrane structures. (IFC 3104.6) ❑ Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. SOUTH COUNTY FIRE 12425 Meridian Avenue South, Everett, WA 98208 (425) 551-1264 I Prevention@SouthSnoFire.org SERVING THE CITIES OF • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE 2.1.a Packet Pg. 15 2.1.a ❑ Maintain a minimum of 20 feet separation between rows of vendor booths, and a minimum of 20-foot-wide emergency apparatus access from parking area into vendor and stage area. HOOD AND FIRE EXTINGUISHERS ❑ A MINIMUM OF ONE 2A10BC PORTABLE FIRE EXTINGUISHER is required in all trucks and food vendor tents, with current annual inspection/service tag attached, and appropriately mounted. KEEP FIRE EXTINGUISHERS ACCESSIBLE AND CONSPICUOUS with no more than 75 feet of unobstructed travel distance. ❑ Trucks and food vendor tents with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. ❑ Hood suppression systems must have current inspection documentation (within 6 months) and shall be UL300 Compliant. ❑ Hood suppression systems must have current cleaning inspection documentation. ❑ NO CANDLES or open flame devices like Tiki torches shall be allowed. ❑ NO FLAMING FOOD shall be allowed. ❑ ALL COMBUSTIBLE MATERIALS shall be kept away from heat sources. ❑ NO COOKING APPLIANCES/HEAT SOURCES will be within physical reach of the general public. ❑ COOKING OIL STORAGE CONTAINERS within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. ELECTRICAL CORDS ❑ Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. ❑ All cords shall be free of splices, cuts or breaks in outer sheathing. ❑ UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. ❑ See "Generators" below South County Fire — Food Trucks and Special Events Standard 2021 Page 2 of 3 Packet Pg. 16 2.1.a RUBBISH ❑ Keep combustible rubbish in closed containers. ❑ Cardboard boxes are rubbish, not rubbish containers. ❑ Rubbish containers larger than 40 gallons must be labeled "Fire -Resistive". FUEL USE AND STORAGE ❑ All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. ❑ Storage tanks/cylinders must remain upright, so pressure relief valve is in vapor space. ❑ MANUAL SHUTOFF VALVES ON GAS LINES ARE REQUIRED AT THE POINT OF USE AND AT THE SUPPLY. ❑ The maximum aggregate capacity of LP -gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. ❑ The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. ❑ LP -gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP -gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. ❑ No smoking in or around cooking/fuel use or storage areas GENERATORS ❑ No generators are allowed unless they are part of the food truck fuel system or fueled by LP/CNG. NO GASOLINE GENERATORS WILL BE PERMITTED. South County Fire — Food Trucks and Special Events Standard 2021 Page 3 of 3 Packet Pg. 17 2.1.a South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. - Hood suppression systems MUST have current inspection documentation. - Keep fire extinguishers accessible and conspicuous. Cooking - No candles or open flame devices like tiki torches. - No flaming food. - Barbecue pits need a 10' separation from combustibles and portable FIE. - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any combustible material and shall be placed on a non-combustible surface. - All combustibles shall be kept away from heat sources. - No cooking appliances/heat sources will be within physical reach of the general public. Electrical Cords - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. - All cords shall be free of splices, cuts or breaks in outer sheathing. - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. Rubbish - Keep combustible rubbish in closed containers. - Cardboard boxes are rubbish/not rubbish containers. - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal. ' Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrict1.org Packet Pg. 18 I 2.1.a I ,a`oRo CERTIFICATE OF LIABILITY INSURANCE DATE IN 03/02/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol DuClos Scott M. Campbell PHONE FAX 600 Main Street, Ste. AWC, C No, Ext: (425) 775-6446 A/C No): (425) 640-922° E-MAIL ADDRESS: info@insuranceservicesgroup.com Edmonds WA 98020 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Western National Mutual Insuranc INSURED (425) 670-1496 Greater Edmonds Chamber of Commerce 121 5th Ave N Edmonds WA 98020 INSURER B INSURER C : INSURERD: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 9911 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SUBD R WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS -MADE � OCCUR Y CPP1295831-00 09/01/2022 09/01/2023 RENTE FRMMSES AGE ToE.occurence $ 100,00C MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 11000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( POLICY PRO JECT ❑ LOC X PRODUCTS-COMP/OPAGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00( BODILY INJURY (Per person) $ • ANY AUTO CPP1295831-00 09/01/2022 09/01/2023 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB1049812-00 09/01/2022 09/01/2023 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Liquor Liability 09/01/2022 09/01/2023 $ 1,000,00( $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE The 21st Edmonds Classic: Car & Motorcycle Show Sunday Sept loth 2023 - Event: 5am-8pm - including set up and breakdown. City of Edmonds as additional insured, if required by written contract, per form CG MU 1078 12 20. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. 121 5th Ave N AUTHORIZED REPRESENTATIVE Edmonds WA 98020 (`^" © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 19 Page 1 of 1 2.1.a COMMERCIAL GENERAL LIABILITY CG MU 1078 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Abduction Additional Insured — Broad Form Vendors Additional Insured — Lessor Of Leased Equipment Additional Insured — Managers Or Lessors Of Premises Additional Insured — State Or Political Subdivisions — Permits Additional Insureds By Written Contract Broad Form Property Damage Broad Knowledge/Notice Of Occurrence Damage To Premises Rented To You Designated Location(s) — General Aggregate Limit Employee Bodily Injury To A Co -Employee Insured Contract Amended Medical And Dental Payments Mobile Equipment Non -Owned Watercraft Occupational License Review Expense Property Damage Liability — Borrowed Equipment Property Damage Liability — Elevator And Sidetrack Agreement Supplementary Payments Increased Limits Bail Bonds Loss Of Earnings Per Day Unintentional Failure To Disclose Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us Limit Of Insurance $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Included Included Included Included Included $25,000 Per Occurrence Included $300,000 Any One Premises Included Included Included $10,000 Medical Expense Limit Included 51 Feet $2,500 Per Review/$5,000 Aggregate $25,000 Occurrence/$50,000 Aggregate Included $2,500 $1,000 Included Included CG MU 1078 06 22 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 20 2.1.a The terms and conditions of this policy are amended as indicated below: I. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is re- sponsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is pri- mary, excess, contingent or on any other basis. In that case, this provision does not provide any insur- ance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to "Property Damage" to the premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as fol- lows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1 ,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 06 22 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 21 2.1.a VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a gov- ernmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupa- tional license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear be- fore the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occupational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or crimi- nal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupational license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regardless of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all covered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the li- cense review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as ex- pense for another "occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Li- ability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concur- rent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this cover- age. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 06 22 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 22 2.1.a 4. For the purposes of the coverage provided by this provision, the following are added under SEC- TION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Declarations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a govern- mental bureau, board, commission or department charged with regulating the "insured's" occu- pational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupational license or involving disciplinary action against the "insured", in- cluding proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this en- dorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the fol- lowing unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individuals)"; or b. Discovery of the death of the "Covered Individual (s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior consent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Indi- vidual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not ex- ceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate in- cluding the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual (s) until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individ- ual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 06 22 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 23 2.1.a j. Fees for psychological or psychiatric counseling for the benefit of "Covered Individuals►" begin- ning on the date of recovery of the "Covered Individual(s)"" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)"" as a result of the "abduction" beginning on the date of recovery of the "Covered Individuals)" and continuing up to twelve 112) months thereafter; and I. Funeral and burial expenses of "Covered Individual(s)"" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "In- sured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hear- ings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF IN- SURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act er- ror or event or a series of related acts, errors or events shall be treated as arising out of one "ab- duction". However we will not pay for any loss resulting from an "abduction" which is part of a ser- ies of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activ- ity occurring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 06 22 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 24 2.1.a VIII IX 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone oth- er than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any of- ficial acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant" means any person, other than a "Covered Individual", providing information not other- wise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENER- AL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. Designated Location (s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "loca- tion" shown in the Declarations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property dam- age" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 06 22 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 25 2.1.a c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical ex- penses shall reduce the Designated Location General Aggregate Limit for that designated "loca- tion". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other des- ignated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Ag- gregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "lo- cation" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical ex- penses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "prod- ucts -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one oc- currence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations of this policy whichever is less. These limits of insur- ance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 06 22 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 26 2.1.a C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the render- ing of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontrac- tor engaged in performing operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provi- sions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authoriza- tion. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of opera- tions performed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with re- spect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any manager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an in- sured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any "occurrence" which takes place after the equipment lease expires; 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or "property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; CG MU 1078 06 22 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 27 2.1.a (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employ- ees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with re- spect to the maintenance, use or operation of the equipment. XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distrib- uted or sold in the regular course of a vendor's business, subject to the following additional exclu- sions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then re- packaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations per- formed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have ac- quired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products -complete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co -Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "per- sonal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; CG MU 1078 06 22 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 28 2.1.a However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -"employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has de- veloped into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CG MU 1078 06 22 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 29 2.1.a XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organiza- tion. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon pri- or to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1 ,000 pounds gross vehicle weight. CG MU 1078 06 22 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 30 2.1.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ROTARY CLUB September 14-17, 2023 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ROTARY CLUB (hereinafter referred to as the "Rotary") (collectively, the "Parties"). WHEREAS, the Edmonds Rotary Club has in the past conducted a public event known as "Edmonds Rotary Oktoberfest" (hereinafter referred to as the "Event") and proposes to do so again in 2023; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Edmonds Rotary Club and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Rotary obligations included). 1.1 The City will provide use of the Playfield, the Bandshell and room 301 at the Frances Anderson Center and 8th Avenue between Main Street and Dayton Street (See Site Map at Exhibit A & Traffic Control Plan at Exhibit B) hereinafter referred to as the "City - Provided Site" for use as the venue for Oktoberfest (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 No Parking Signs placed on 8th Avenue, Main St and on Dayton St by Wednesday, September 13, 2023 at 8:00 a.m. (see exhibit A) 1.1.2 The Event setup on the Frances Anderson Playfields will begin on Thursday, September 14, 2023 at 12:00 p.m. and 8th Avenue will begin on Friday, September 15, 2023 at 8:00 a.m.; barricades, ADA and loading zone signs to be in place by 8:00 a.m. on Tuesday, September 12, 2023. 1.1.3 The Event will run from 3:00 p.m. to 10:00 p.m. on Friday, September 15, 2023 and 11:00 a.m. to 10:00 p.m. on Saturday, September 16, 2023. 1.1.4 The Frances Anderson Playfield will have a 21+ area enclosed in fencing for the beer and wine sales and stage with music. Sponsor tents, additional food sales and the children's area will be outside of the fencing on the Frances Anderson Center Field (see exhibit A). The Bandshell will be used for the pet parade and room 301 will be used as an event operations office. The section of 8th Avenue described above will be utilized as an area for food trucks. Packet Pg. 31 2.1.b 1.1.5 All surfaces listed will remain available to the Rotary until final cleanup, to be completed by Sunday, September 17, 2023 at 12:00 p.m. 1.2 The City may sprinkle the field prior to the Event to reduce dust. The playfield irrigation system will be turned off by 8:00 a.m. on September 14, 2023. The Rotary will not place tarps on the grass and has the option to utilize a cover for the infield dirt only. 1.3 The City Parks Department will provide up to fifteen (15) picnic tables and up to ten (10) garbage cans around the outside area. The Rotary will provide crew members to assist with the moving and placement of tables and garbage cans. The Rotary will be responsible for emptying the trash cans. The City will supply backup trash bags. 1.4 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Food Trucks and Special Events Standard" and "Food Vendor & Festival Requirements" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and the Parks, Recreation & Human Services Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.5 Edmonds Fire Marshal may inspect the facilities prior to the opening to the general public on or before 2:00 p.m., September 15, 2023, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the Rotary will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.6 Alcohol may be served, so long as the Rotary obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least two (2) weeks prior to the Event. 1.7 The City will provide safety barriers at the following locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit B, attached hereto and incorporated herein by this reference: 1.7.1 8th Avenue at Main Street, to close 8th Avenue on both the North and South Sides of Main 1.7.2 8th Avenue at Dayton Street, to close 8th Avenue (local access only) 1.8 The Rotary will work with the City to identify ADA parking stalls. The City will provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street. Packet Pg. 32 2.1.b 1.9 The City may install Edmonds Oktoberfest street banners as provided by the Rotary at approved sites. The Rotary will obtain a Street Banner Permit and pay the required fee. 1.10 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.11 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Rotary. 1.12 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.13 The Rotary is not authorized to fasten anything to the buildings, structures or trees. Doing so may result in damage cost recovery and/or fine. 2. Responsibilities and Rights of the Rotary 2.1 The Rotary will operate the Edmonds Oktoberfest, and neither the Rotary nor any of its officers, agents or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.2 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the Rotary are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Rotary warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.3 The Rotary agrees that the Edmonds Oktoberfest is a public event. The Rotary further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the Rotary will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.4 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Rotary Packet Pg. 33 2.1.b will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Rotary will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles and other recyclable materials from Event participants. The Rotary will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.6 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Rotary will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Rotary will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Rotary will ensure that on -site collection containers are serviced properly and continually during the Event. A Rotary representative will meet with the City's Recycling Coordinator or representative prior to August 25, 2023, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.7 The Rotary may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.8 The Rotary will be responsible for restoring the City -Provided Site to its original condition. A Rotary representative will meet with a member of the City's Parks and Recreation Department on September 15, 2023 to inspect the City -Provided Site to document the "original" conditions of the City -Provided Site and surrounding areas. A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.9 The Rotary will provide a sufficient number of portable sani-cans and wash stations 2.10 The Rotary will be responsible for all required city and state permits. The Rotary will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. 2.11 The Rotary will ensure that all booths/beer garden/wine garden have the necessary state permits for serving and selling alcohol. The Rotary agrees to make its best effort to prevent service of alcohol to minors, including partition of the beer garden and wine Packet Pg. 34 2.1.b garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. 2.12 The Rotary will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.13 The provisions of Chapter 5.05 of the Edmonds City Code ("Animal Control") apply to the City -Provided Site. ECC 5.05.060 prohibits dogs, whether on leash or off leash from being present on City playfields. The Parks, Recreation & Human Services Director will provide a temporary exemption to this prohibition and allow dogs to be on leash at the Event. The Rotary will ensure that: (a) dogs remain on leash or under other manner of restraint at all times while on the City -Provided Site; (b) dogs do not enter the playground area; and (c) all dog waste is removed from the site. The Rotary will notify Police of any aggressive dog behavior. The Parks, Recreation & Human Services Director retains the right to suspend this temporary exemption at any time. 2.14 Garbage service will be contracted and paid for by the Rotary. 2.15 The Rotary will provide a minimum of four (4) sheets of plywood to be used at the vehicle entrance location on the South Side of the Frances Anderson Playfield if the ground is soft and the area becomes muddy. 2.16 A minimum of thirty (30) days prior to the Event, the Rotary will contact Sound Transit's Construction Supervisor at Construction. Supervisorkcommtrans.org to share road closure dates and times to allow for busses to be re-routed during the Event. 2.17 The Rotary will be responsible for clean-up of the City -Provided Site as follows: A. Restore all areas to their original condition. B. Remove all items and equipment related to the Event by 12:00 p.m., September 17, 2023 (including grounds and buildings). C. Pick up and remove all garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event by 12:00 p.m., Sunday, September 17, 202 D. Power wash the following: a. All paved food concession areas; and b. All pedestrian walkways/steps around amphitheater. E. Install drain guards on all affected storm drains prior to the beginning of the Event, and remove them after clean-up is complete. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. F. Disposal of waste water will be according to the City policy using grease traps provided, cleaned, and picked up by the Rotary. 2.19 The Rotary will submit a cleaning/damage deposit of One Thousand Five Hundred dollars ($1,500.00) to the City prior to Tuesday, August 29, 2023. The deposit will be Packet Pg. 35 2.1.b refunded to the Rotary if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.20 The Rotary will pay the City Seven Hundred Fifty dollars ($750.00) for the use of the City -Provided Site prior to Tuesday, August 29, 2023, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.21 The Rotary will produce and install large red signs or placards with "EMERGENCY EXIT" printed in white and attach to all emergency exits, these exits must be supervised and readily opened in the event of an emergency. The Rotary will a person to serve as a fire watch for all times the Event is open to the general public. The Fire Marshall or representative may inspect the City -Provided Site with the Rotary President, or designated representative, prior to 2:00 p.m. on September 15, 2023. 2.22 The Rotary will insure that: A. Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use (see Exhibit Q. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. B. Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. C. The Rotary will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. D. Tents are held down with sandbags and not stakes. 2.23 Indemnification. The Rotary shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Rotary and the City, its officers, officials, employees, and volunteers, the Rotary's liability hereunder shall be only to the extent of the Rotary's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Rotary's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 36 2.24 Insurance. The Rotary will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Rotary's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Rotary's insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds will be excess of the Rotary's insurance and will not contribute with it. In the event that the Rotary's employees and/or volunteers provide the service of alcohol at the event, the Rotary's General Liability insurance will also include host liquor liability coverage. However, if the Rotary contracts with a third -party vendor or vendors to provide all service of alcohol, the Rotary will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Rotary's Certificate of Insurance. The Rotary will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.25 The Rotary agrees to the following general open hours for Edmonds Oktoberfest: Friday, September 15, 2023 3:00 p.m. — 10:00 p.m. Saturday, September 16, 2023 11:00 a.m. — 10:00 p.m. The Rotary agrees to keep the hours of operation in the Beer Garden / Wine Garden within the following schedule: Friday, September 15, 2023 3:00 p.m. —10:00 p.m. Last call 9:15 p.m., no service after 9:30 p.m. Saturday, September 16, 2023 11:00 a.m. — 10:00 p.m. Last call 9:15 p.m., no service after 9:30 p.m. 2.26 The Rotary will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. Packet Pg. 37 2.1.b 2.27 The Rotary will provide fence installation and removal at the Beer Garden / Wine Garden, if installing fence on 8th Avenue Rotary will ensure the fence runs along the center line of the street allowing 20' for emergency and resident vehicle access on the East side of the street. 2.28 The Rotary is responsible for contracting with appropriate vendors for electrical power. No power is available at the Frances Anderson Center field and gasoline powered generators are not permissible. There will be no temporary PUD hookups or power poles installed for this event, it will run off of generator power. A Rotary representative and a City Public Works representative will meet prior to August 25, 2023, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Rotary. 2.29 The Rotary will arrange for a walk-through with the City Electrician and obtain approval for the accommodation of power and electricity needs. 2.30 All requests for additional services for, and concerns about, the Event will be directed by the Rotary President to the City's designated representative, the Parks, Recreation & Human Services Deputy Director, who may be contacted at 425-771-0230. 2.34 The Rotary will provide the "NO PARKING" signage to Public Works prior to August 25, 2023, and that the event organizer agrees to pick up and store the "No Parking" and "Road Closed" barricade signage at an agreed upon location for Public Works to recover on the following Monday. The Rotary should make contact with Darren Browning (425-771-0235) for quantity, configuration, and location of storage of the no parking signage. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. Packet Pg. 38 2.1.b 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Rotary will be deemed to be the same of the City for any purpose. The Rotary alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Rotary in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Rotary will consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Rotary will constitute a breach of this Agreement. In the event the Rotary fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Rotary violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Rotary twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks, Recreation & Human Services Director may order the Rotary to cease operation of the Event hereunder immediately at any time should the Parks, Recreation & Human Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Rotary will have no further rights hereunder, and the City may require the immediate removal of all property of the Rotary and its vendors from the City -Provided Site. DATED this day of 2023. CITY OF EDMONDS: EDMONDS ROTARY CLUB: Mike Nelson, Mayor President ATTEST/ AUTHENTICATED: Scott Passey, City Clerk Debbie Danekas, Edmonds Rotary Club APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 39 2.1.b Exhibit A: Site Map N r C d E d L Q d > W r L O 0 06 0 v! L R U c aD E m m L a W r 0 w Y 0 C) N O N r C 0 E t V R Q Packet Pg. 40 2.1.b Exhibit B Traffic Control Plan — Festival vCity of Edmonds Edmonds Oktoberfest Traffic Plan EDMONDS ST z + z W Q BELL ST MAIN $A Barricades and signage provided by Public Works. Road closed to all traffic. Sno-Isle Library Frances Anderson Anderson Center Field Center �a ° © ©�AYTON Barricades and signage provided by ST Public Works. Local access only. U) LU Q 2 H ao MAPLE ST W 'a en r W F- > Q ALDER ST H Road Closure Barricade Reserved for ADA g Parking Signs Food Trucks WALNUT ST West side only May 2020 Packet Pg. 41 Exhibit C !IR 1� FOOD TRUCKS AND SPECIAL EVENTS STANDARD BUSINESS LICENSE ❑ All food trucks are required to obtain a business license unless they are part of a special event in which case they are covered under the special event. FIRE LANE ❑ A MINIMUM 20-foot Fire Lane must ALWAYS be maintained for emergency vehicle access. ❑ Unobstructed access to fire hydrants and FDCs shall always be maintained. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) TENTS AND OTHER MEMBRANE STRUCTURES ❑ All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. Exceptions are: a. Limited in size to 120 square feet; b. Occupancy is limited to 10 persons or less; c. Minimum of 12 feet seperation between the canopy and the building (including any overhang or canopy); and Cl. No open flame or cooking is associated with the use of the canopy. ❑ Tents shall be 400 square feet or less, or an additional permit maybe required. The aggregate area of multiple tents placed side by side shall not exceed 700 square feet without having a 12-foot fire break. Break may be reduced to 10 feet with the approval of the fire official. Smoking shall not be permitted in tents or membrane structures. (IFC 3104.6) ❑ Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. SOUTH COUNTY FIRE 12425 Meridian Avenue South, Everett, WA 98208 (425) 551-1264 I Prevention@SouthSnoFire.org SERVING THE CITIES OF • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE Packet Pg. 42 2.1.b ❑ Maintain a minimum of 20 feet separation between rows of vendor booths, and a minimum of 20-foot-wide emergency apparatus access from parking area into vendor and stage area. HOOD AND FIRE EXTINGUISHERS ❑ A MINIMUM OF ONE 2A10BC PORTABLE FIRE EXTINGUISHER is required in all trucks and food vendor tents, with current annual inspection/service tag attached, and appropriately mounted. KEEP FIRE EXTINGUISHERS ACCESSIBLE AND CONSPICUOUS with no more than 75 feet of unobstructed travel distance. ❑ Trucks and food vendor tents with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. ❑ Hood suppression systems must have current inspection documentation (within 6 months) and shall be UL300 Compliant. ❑ Hood suppression systems must have current cleaning inspection documentation. ❑ NO CANDLES or open flame devices like Tiki torches shall be allowed. ❑ NO FLAMING FOOD shall be allowed. ❑ ALL COMBUSTIBLE MATERIALS shall be kept away from heat sources. ❑ NO COOKING APPLIANCES/HEAT SOURCES will be within physical reach of the general public. ❑ COOKING OIL STORAGE CONTAINERS within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. ELECTRICAL CORDS ❑ Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. ❑ All cords shall be free of splices, cuts or breaks in outer sheathing. ❑ UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. ❑ See "Generators" below South County Fire — Food Trucks and Special Events Standard 2021 Page 2 of 3 Packet Pg. 43 RUBBISH ❑ Keep combustible rubbish in closed containers. ❑ Cardboard boxes are rubbish, not rubbish containers. ❑ Rubbish containers larger than 40 gallons must be labeled "Fire -Resistive". FUEL USE AND STORAGE ❑ All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. ❑ Storage tanks/cylinders must remain upright, so pressure relief valve is in vapor space. ❑ MANUAL SHUTOFF VALVES ON GAS LINES ARE REQUIRED AT THE POINT OF USE AND AT THE SUPPLY. ❑ The maximum aggregate capacity of LP -gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. ❑ The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. ❑ LP -gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP -gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. ❑ No smoking in or around cooking/fuel use or storage areas GENERATORS ❑ No generators are allowed unless they are part of the food truck fuel system or fueled by LP/CNG. NO GASOLINE GENERATORS WILL BE PERMITTED. South County Fire — Food Trucks and Special Events Standard 2021 Page 3 of 3 Packet Pg. 44 South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached. - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. - Hood suppression systems MUST have current inspection documentation. - Keep fire extinguishers accessible and conspicuous. Cooking - No candles or open flame devices like tiki torches. - No flaming food. - Barbecue pits need a 10' separation from combustibles and portable FIE. - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any combustible material and shall be placed on a non-combustible surface. - All combustibles shall be kept away from heat sources. - No cooking appliances/heat sources will be within physical reach of the general public. Electrical Cords - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. - All cords shall be free of splices, cuts or breaks in outer sheathing. - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. Rubbish - Keep combustible rubbish in closed containers. - Cardboard boxes are rubbish/not rubbish containers. - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal. ' Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrict1.org Packet Pg. 45 Permit FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczone@edmondswa.gov Organization Name Edmonds Rotary - 425 Customer Type Organization Organization Address P.O. Box 115 Edmonds, WA 98020 Agent Name Maggie Peterson System User Chris Brinton Permit # R4747 Status Approved Date Jan 12, 2023 10:14 AM Organization Phone 1 (425) 771-3482 Number Home Phone Number (425) 771-3482 Email Address mag2teachC@comcast.net Rental Fee Discounts Subtotal Deposits Deposit Discounts Total Permit Fee Total Payment Refunds Balance N C d $0.00 d $0.00 $0.00 Q $0.00 C $0.00 W r N N $0.00 .O O Y $0.00 O $0.00 °d $0.00 30 t to L U Rotary Oktoberfest 4 resource(s) 16 booking(s) Subtotal: $0.00 r c as E Booking Summary W L Q START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX d W Sep 14, 2023 12:00 PM Sep 14, 2023 10:00 PM 1 $0.00 N d Sep 15, 2023 9:00 AM Sep 15, 2023 10:00 PM 1 $0.00 y Sep 16, 2023 8:30 AM Sep 16, 2023 10:00 PM 1 $0.00 O O Sep 17, 2023 8:45 AM Sep 17, 2023 12:00 PM 1 $0.00 M N O N r START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX d E Sep 14, 2023 12:00 PM Sep 14, 2023 10:00 PM 1 $0.00 'C v R Sep 15, 2023 9:00 AM Sep 15, 2023 10:00 PM 1 $0.00 Q Sep 16, 2023 8:30 AM Sep 16, 2023 10:00 PM 1 $0.00 Sep 17, 2023 8:45 AM Sep 17, 2023 12:00 PM 1 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sep 14, 2023 12:00 PM Sep 14, 2023 10:00 PM 1 $0.00 Sep 15, 2023 9:00 AM Sep 15, 2023 10:00 PM 1 $0.00 # R4747 Status Approved Packet Pg. 46 Sep 16, 2023 8:30 AM Sep 16, 202310:00 PM 1 Sep 17, 2023 8:45 AM Sep 17, 202312:00 PM 1 $0.00 Room 301 (Park) Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Sep 14, 202312:00 PM Sep 14, 202310:00 PM 1 $0.00 Sep 15, 2023 9:00 AM Sep 15, 202310:00 PM 1 $0.00 Sep 16, 2023 9:30 AM Sep 16, 202310:00 PM 1 $0.00 Sep 17, 2023 8:45 AM Sep 17, 202312:00 PM 1 $0.00 Facility Notes Regular size classroom with laminate floor. No tables, chairs, shoes, food or drink allowed. Holds 20 people. Permission required to rent Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov X: Date: Edmonds Rotary Customer Type: Organization Customer ID: 24952 Mailing Address: P.O. Box 115, Edmonds, WA 98020 Organization Phone 1 Number: (425) 771-3482 Authorized Agent Name: Maggie Peterson Home Phone Number: (425) 771-3482 Email Address: mag2teach@comcast.net N r C N E d d L IM Q d LU CD O Y O 3 O s to L t) r� C d E d N L tM Q d W N d d M O r O M N O N r C d E t V Q # R4747 Status Approved Packet Pg. 47 2.2 City Council Agenda Item Meeting Date: 06/13/2023 Athletic Field Use & Reservation Policy Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The City of Edmonds Athletic Field Reservation Policy was last updated in 2015 and included several references that are now out of date. The new policy has been updated to reflect current practice, expanded upon to allow for more transparency and clarity, and updated to allow for increased efficiency and better customer service. The proposed policy was reviewed by the Planning Board on May 24, 2023 and recommended for adoption by City Council following some minor clarifying edits. Those edits have been integrated into this draft submitted for review. Staff Recommendation Forward policy to the Consent Agenda on June 20th for full council adoption. Policy scheduled to go into effect July 1, 2023. Narrative Rather than update the existing policy, staff opted to re -write the policy. This allowed staff to take a fresh look at procedures, review the policies and fee structure for multiple neighboring jurisdictions and ensure that the legal requirements, definitions and explanations were significantly improved. The document that was 6 pages long has been expanded to 9 pages with an additional 4-page online application. The new policy and application are found in the attachments. Revisions are outlined below and can also be found in a table summary format attached. Changes fall into four primary categories: Fee adjustment, aligning with current practices, additional information to provide increased transparency and clarity and finally process changes that increase efficiency and improve customer service. Rental Fees: Residents increasing from $12/hour to $15/hour Non-residents increasing from $16/hour to $20/hour Light fees increasing to $20/hour (previous was $12/hour residents & $16/hour non-residents) 50% of fees due upon receipt of allocation; balance due within 30 days of final billing. Past policy stated it was due 3 days prior to activity start Current Practice: Packet Pg. 48 2.2 Updated scheduling priorities to match current practice. Specifically added two new categories for non-league based reservations of athletic facilities. o Non-league/non-profit o Non-league/for profit Updated language in the refund section to match current practice. City of Edmonds does not cancel activity due to weather, i.e. rain -outs. That is the responsibility of the permitted organization as such the City does not offer refunds on weather related cancellations. The City will refund if the activity is cancelled at the request of the city; for example if a safety hazard is identified, etc. Transparency & Clarity: Introduction & purpose: expanded from 4 bullet points to complete paragraphs with a link to park regulations. Added in sections for Definitions and Damages for clarity Expanded insurance section to provide clarity on expectations and requirements from applicant. General Field Use Policies have been separated into two sections, each with significantly more information and clearer expectations. The previous document had these sections combined in a 16-bullet point format. o Field use policies o Rules of conduct Efficiency & Customer Service Enhancement: Allocation Process - the timeline for field allocation and application submission has not changed, however language is revised to provide better customer service. Application - proposed online application which allows the City to ensure permit holder attests to reading and understanding rules, procedures and guidelines. Previously an applicant would submit a request and then be asked to review the documents. It was difficult to assess if that review was being done. New process accomplishes both steps at one time. Youth Concussion & Head Injury Protocol, Sudden Cardiac Arrest, Equity and Non -Discrimination - these laws have been added to the City Website and added to our policies. Further, the application now requires that applicant review and attest to having reviewed them prior to submitting their application. Field descriptions updated for increased accuracy. Attached is a summary of changes for further clarification. Attachments: Athletic Field Use and Reservation Policy 2023 Athletic Field Use Application Summary of Changes Presentation Athletic Field Use and Reservation Policy 2023 2015 Policies and Procedures for Athletic Fields Packet Pg. 49 2.2.a Revised May 2023 Athletic Field Use and Reservation Policy City of Edmonds Parks, Recreation & Human Services Department A. Introduction The Athletic Field Use and Reservation Policy ("policy') was created to manage the City of Edmonds Parks, Recreation and Human Service Department's athletic fields in a manner that will ensure reasonably equitable distribution and maximum use of facilities by the public. The policy is intended to provide clear rules and guidelines to define allowable athletic field uses consistent with facility design and intent, and to establish priorities for scheduling and types of use. City -owned athletic fields are designed to meet a wide range of community recreation interests beyond organized athletic competition. Athletic field use and reservation policies and fees for use are necessary to effectively and efficiently schedule these community assets to the greatest extent possible while balancing competing uses, priorities, and ensuring their long-term sustainability. A City -issued permit is required for all athletic field use that is arranged, monitored and/or run by an organization or its representatives and must be scheduled through the Parks, Recreation and Human Services Department per this policy. Drop -in use of an available, unprepped field by individuals not in association with an organized sport program is allowed without a permit. Organizations seeking to rent additional park amenities or an entire park for a special event should complete a special event application found on the City's website www.edmondswa.gov. The City of Edmonds reserves the right to limit or suspend field access seasonally and during periods of inclement weather, poor playing conditions, damage, unsafe or hazardous conditions and for necessary field rest and maintenance requirements. The City of Edmonds Park Regulations Chapter 5.32 of Edmonds City Code shall govern all use of City owned parks and facilities. B. Definitions Adult — Participants aged 18 and older (excluding participants eligible to participate in high school sponsored sports). Allocation — The distribution of available time between groups and programs requesting field use. The process involves evaluating field use requests and distributing field assignments fairly and impartially, per this policy. Application — A form that can be found on the City's website that is to be filled out consistent with the scheduling procedures listed in this policy to request field use. Athletic Field Use Coordinator — The staff member within the recreation division responsible for athletic field allocation, fee collection and enforcement of this policy. 1 Packet Pg. 50 2.2.a Revised May 2023 City Sponsored Programs & Events — Programming sponsored or co -sponsored by the City has priority for use of City -owned fields and will be prioritized in the scheduling procedures outlined in this policy. Examples of these include City day camps, classes, movie nights, festivals, and special events. Commercial — Any activity conducted in or on a City facility where monies are collected for the specific purpose of financially benefiting an individual, business or organization (non-profit organizations excluded). Edmonds Resident Organizations — An organization is considered local when at least 65% of registered participants are Edmonds Residents. Rosters are required and may be audited. Field Use Permit — A document issued by the Parks, Recreation and Human Services Department to the requesting organization outlining the approved schedule and fee's that are due. The Permit should be accessible throughout field use to verify approval of use. League Schedule — A document submitted by an organization that includes all game dates, times and locations. Non -Resident Organizations — An organized group is considered non -local when less than 65% of registered participants are Edmonds residents. Rosters are required and may be audited. Organization — An entity established to carry out a particular purpose, such as providing opportunities for individuals to participate in athletic activities or other recreational pursuits. For purposes of this policy, Organizations may include schools, churches, sports associations, community associations and the like. Organizations must carry insurance coverage for their activities. Organized Use — Any use of an athletic field for an organized gathering, program, or event, such as those conducted by a city, school, league/organization, church, association/group, or company. Organizer — Individual responsible for the application submittal, identified as the primary point of contact and responsible for the conduct of the Organization. Sports Camp / Clinic — A program organized to provide registered participants with skill building instruction in one or multiple sports, typically lasting less than a week. Tax-exempt Nonprofit Organization (Non -Profit) — An organization that has obtained a non-profit status and is registered as a non-profit business or corporation with the State of Washington and has maintained good standing with the State of Washington. Youth — Participants aged 17 and under or participants eligible to participate in high school sponsored sports. 2 Packet Pg. 51 2.2.a Revised May 2023 C. Field Scheduling and Allocation The athletic field allocation process is designed for organized groups (Edmonds Resident Organizations, Non - Resident Organizations, Non -Profits, Sports Camps & Clinics and others seeking organized use) seeking permitted use of an athletic field. Athletic Field allocations happen three times annually with three seasons. • Spring/Summer Season (March, April, May, June, July & August) • Fall Season (September, October & November) — subject to weather and field conditions • Winter Season (December, January & February) — subject to weather and field conditions To request permitted use, organized groups must complete a field use application and provide proof of insurance (detailed in section D below). Applications for the Summer Season are accepted in January and February. Applications for the Fall Season are accepted in July and August. Applications for the Winter Season are accepted in November and December. To be considered in the allocation process, applicants must follow all requirements outlined in this Athletic Field Use and Reservation Policy, including submission deadlines. Once the application submittal deadline closes, the City's Athletic Field Use Coordinator will consider all applications based on scheduling priority classifications, as explained below. In recognition that there are limited multi -use fields, the following criteria will be taken into consideration to establish fair and reliable allocations: Safety of participants and general park users, field conditions (fields may be closed or subject to limited availability at any time for safety concerns or due to the risk of severe damage to the fields), users in good standing (payments up to date in accordance with the applicable payment schedule and requests received according to allocation timeline), and historic use (two (2) years of consistent use where permit conditions have consistently been met). The Athletic Field Use Coordinator has discretion to determine if additional criteria should be taken into consideration at the time of field allocation. All applications submitted for the scheduling season will be evaluated at the same time and will not be evaluated on a first - come first -served basis. Late applications will be considered after the allocation process is complete, on a first -come, first -served basis. Scheduling Priorities Field allocations will be established based on the following priority classifications. Classifications are listed in the order they will be allocated. After the allocation process is complete, new applications do not supersede others, even if they fall into a higher classification. Field use applicant priority is as follows: 1. City of Edmonds sponsored or co -sponsored events and programs 2. Edmonds Resident Youth Leagues 3. Edmonds Resident Adult Leagues 4. Non -Resident Youth Leagues 5. Non -Resident Adult Leagues 6. Non -Profit, non-league use (such as camps, clinics, events, etc.) 7. For -Profit, non-league use / commercial groups 3 Packet Pg. 52 2.2.a Revised May 2023 City -sponsored or co -sponsored programs have priority for use of City -owned fields and athletic facilities. City programs and activities have the right to preempt other users upon giving as much notice as is practical, except in extraordinary circumstances when advanced notice is not possible. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this policy on the basis of sex, gender identity, gender expression, race, color, religion (creed), national origin, age (except minimum age) and retirement provisions, marital status, sexual orientation, military status, or the presence of any sensory, mental, or physical disability. While every effort will be made to schedule field use at the fields, times and dates requested, there is no guarantee all requests will be accommodated. The City of Edmonds does not operate a multi -athletic field sports complex. Requests for tournaments on any of the City's athletic fields should be submitted per the field scheduling and allocation policy outlined above. D. Insurance In addition to the Field Rental Application, all applicants must submit a certificate of comprehensive general liability insurance issued by one or more companies authorized to do business in the State of Washington. Insurance coverage must provide protection from claims arising from injuries to people and damage to property in the amounts set forth below. Proof of insurance must be submitted at least 30 days prior to start of field 11SP_ The following items are required on the insurance documents: 1. The insured's name must be the same as the Organization listed on the Athletic Field Use Application. 2. The policy must name the City of Edmonds, 700 Main St, Edmonds WA, 98020 as an "additional insured" by Endorsement. 3. Minimum of $1,000,000 General Liability Insurance and $2,000,000 General Aggregate Insurance for personal injury, bodily injury, and property damage. E. General Field Use Policies All organizations must submit their League Schedule to the Field Coordinator at least one week prior to the program start date. Failure to do so may result in cancellation of the field use permit. If a field is double booked, scheduled league games shall have field priority over practice. Maximum scheduled time per game is two (2) hours and maximum scheduled time for practices is ninety (90) minutes. Practice locations may rotate to support maintenance and field conditions. The person listed as primary contact on the application will serve as the sole contact person with the City staff. The primary contact person is responsible for informing team coaches and/or managers of City of Edmonds policies regarding field usage and of individual team schedules. Packet Pg. 53 2.2.a Revised May 2023 Full sized soccer goals will be provided by the City on the Civic Park main field, Organizers must provide bases and goals for all other athletic fields. Equipment storage is not allowed without written permission from the City. The City is not liable for any loss or damage to the field user group's property. City staff will complete initial field maintenance in preparation for the beginning of the season on the athletic fields. The City will paint the full-sized soccer field lines on the main field at Civic Park. Organizers are responsible for lines on all other fields throughout their usage. Access to fields for lining must be scheduled in advance with the Athletic Field Use Coordinator. Fields must be lined with approved athletic marking paint only, paint shall not be dispensed into the storm drain, lining must not "overline" other prepared lines without prior approval from the Athletic Field Use Coordinator. The City provides garbage receptacles at all sports field locations. All Organizers are responsible for cleaning up debris and trash on all fields and common areas following field use. Any trash left behind by the Organizer or their affiliated field users will be picked up by City staff with labor costs charged to the Organizer. Organizers must pack -out their trash from locations where the City -provided garbage receptacle is not large enough to accommodate their use. The City may require Organizers to bring in additional approved receptacles/dumpsters if the size or scope of the Organizer's activity compels it. Fields may be accessed at 8:00 am for warm-ups, but practices and games may not begin until 9:00 am. All play must end at the time listed on the field use permit for all rentals. Civic Park main field will be available until 9:45 pm year-round. See the fee schedule for fees associated with using the field lights. Teams and players may not be on the field at any time during field preparations or maintenance. Organizers must notify the Athletic Field Use Coordinator to report any reserved times that can be released for general public use or other field use groups. Continued non-use of a reserved, permitted field may result in revocation of the Field Use Permit of the allocated field. Animals must be leashed at all times in City of Edmonds Parks and are PROHIBITED from being on athletic fields and playgrounds. Owners are responsible for picking up after their animals while in parks. Rainout decisions are left to the Organizer, referee, or umpire to make on -site. The Athletic Field Use Coordinator will make a good faith effort to reschedule games that are rained out; refunds are not available for cancellations due to inclement weather. When Field Use Permits are issued, a specific field is reserved for the Organizer to the exclusion of others. Organizers may not assign or sublease their scheduled time to other field users. Any such action will result in the loss of field use and/or allocation privileges. Recognizing this exclusivity, Organizers should only reserve the fields they intend to use. Sale of goods or services on public property is strictly prohibited. To apply for the authorization to utilize a public park space for profit, an individual or organization must submit a proposal pursuant to the City of Edmonds Concessions Request for Proposals found on the City of Edmonds website. Submissions will be evaluated on a first come, first served basis, however historic use will be taken into consideration. To ensure the long-term health of City sports fields, the number of games/hours of use may be limited on a weekly or seasonal basis. Without such limitations, the impact to the City fields could be negative and long- lasting. Field closures may occur if staff determines fields have deteriorated due to wear and tear or in cases of inclement weather such as rain, frost, or snow. It is the responsibility of all field users to protect the turf from excessive wear and tear. Organizers should rotate locations of training and of equipment, including but Wi Packet Pg. 54 2.2.a Revised May 2023 not limited to ladders, cones, and pitching practice. Additionally, field users shall not use fences, bleachers, or other amenities as targets for practice or warm-ups. Motor vehicles are to be parked only in designated parking areas and are not permitted on athletic fields. Fields may not be improved, dug into, repaired, used outside of this policy, or modified in any way without prior written permission from the City. Pop up tents must be anchored with sandbags and NOT field stakes to avoid costly repairs to the irrigation systems. The cost of repairs to correct damage caused by an Organizer or their affiliated field users will be the responsibility of the Organizer. It is the responsibility or the Organizer to educate staff, volunteers, umpires, coaches, parents and visitors about monitoring players and their actions while using City fields. F. Rules of Conduct 1. Please be a good neighbor. Arrive quietly and depart in the same manner to avoid disrupting neighboring residents, especially after late games. Games shall not begin prior to 9:00 am. Artificial noisemakers such as car horns, sirens, air horns, portable music players, microphones, radios, and the like are prohibited. 2. All teams must engage appropriately with staff and with one another, and not interfere with the use of fields by other user groups. Refusal to comply with City staff instructions may result in a directive to vacate the field. These actions will be documented and may result in disciplinary action to the Organizer. Police enforcement will be called upon should any individuals or groups engage in verbal or physical violence. 3. Adult supervision is required at all times. 4. Balls and/or equipment thrown, batted, kicked, or otherwise propelled that land on private property are not to be retrieved without permission of the property owner. Do not climb walls or fences or enter gates to gain access onto private property. 5. Tobacco Use, Smoking, E-Cigarettes and Vaping - Per section 5.32.045 of Edmonds City Code, the use of all tobacco products, including chewing tobacco, smoking, and e-cigarettes/vaping, is prohibited in all public parks including parking lots. 6. Alcohol Consumption, Marijuana/Cannabis Use, Public Intoxication — Washington State law (RCW 66.44.100 and 69.50.445) prohibits the consumption or use of alcohol or marijuana products in any form in public places, which includes all City of Edmonds Park facilities and parking lots. It also prohibits the opening of packages containing alcohol or marijuana products in any form. A person who violates these sections is considered guilty of a class 3 civil infraction under Chapter 7.80 RCW. 7. Any type of indecent exposure including public urination or any other inappropriate exposure will not be tolerated. Vulgarity of any kind, including but not limited to foul or offensive language, shall not be used at any time during field use. The Edmonds Police Department will be contacted immediately should individuals become unruly and further enforcement is needed. Cel Packet Pg. 55 2.2.a Revised May 2023 8. If an Organizer refuses to comply with the City's field use policies or to follow the directive of a City staff member, the Edmonds Police Department will be notified for assistance. In cases of emergency or any matter requiring police response, field users should call 911. G. Damages The Organizer agrees to reimburse the City for all costs incurred by damages, including but not limited to damages to the facility, furnishings, fixtures, and any additional cleaning required outside of the normal use for said facility which occurred in connection with the permitted activity and caused by the Organizer, sponsoring organization(s) and/or attendees. H. Youth Program Concussion & Head Injury Protocol, Sudden Cardiac Arrest, Equity and Non -Discrimination The City of Edmonds Parks, Recreation and Human Services Department has a vested interest in ensuring not only that the City's programs operate within the following laws, but also that athletic organizations using City facilities are operating within the same laws in their organizational practices. Annually, all Organizations must agree to meet the City's requirements as outlined below. Copies of the Zackery Lystedt Law and Gender Equity Act are available on the City's website. 1. Zackery Lystedt Law (Youth Sports Concussion and Head Injury Law) In 2009, the Washington State Legislature passed the Zackery Lystedt Law (Youth Sports Concussion and Head Injury Law) RCW 28A.600.190. In 2015 the law was modified to include Sudden Cardiac Arrest, RCW 28A.600.195. All youth programs that use publicly owned facilities must be in compliance with policies for the management of concussions, head injuries, and sudden cardiac arrest in youth sports. Each youth sports group will need to comply with the following requirements: A. All coaches, athletes and their parents/legal guardians must comply with mandated notification and education for the management of concussions, head injuries and sudden cardiac arrest. All coaches (paid and volunteer) are required to be educated in the nature and risk of concussions, head injuries and sudden cardiac arrest prior to the first practice/competition. B. Athletes and their parents/legal guardians within organizations are required to annually be informed about the nature and risk of concussions, head injuries and sudden cardiac arrest. C. Leagues, coaches and parents/legal guardians are responsible to immediately remove any athlete from return to play until written clearance has been received by the league from a licensed health care provider trained in the evaluation and management of concussion/head injury. 2. Gender Equality for Community Athletics Programs In 2009, the Washington State Legislature passed the Gender Equality Bill for Community Athletics programs, RCW 49.60.505. This law states that no city, town, county, or district may discriminate against any person on the basis of sex in the operation, conduct, or administration of community athletics programs for youth or adults. A third party receiving a lease or permit from a city, town, county, district or a school district for a community athletics program also may not discriminate against any person on the basis of sex in the operation, conduct or administration of community athletics programs for youth or adults. Organizers are required to comply with the City's Gender Equality Policy in the conduct and administration of community athletics programs for youth and adults. 7 Packet Pg. 56 2.2.a Revised May 2023 3. Title IV, Civil Rights Act / Non -Discrimination It is the City of Edmonds' policy to ensure full compliance with Title IV of the Civil Rights Act of 1964 by prohibiting discrimination. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this policy on the grounds of sex, race, color, creed, national origin, age (except minimum application age) and retirement provisions, marital status, or the presence of any sensory, mental or physical handicap. Any person who believes his/her Title IV protection has been violated may file a complaint with the City of Edmonds. I. Field Use Fees and Cha • All rentals are minimum 2-hours. • Rental Fees are $15 per hour for resident organizations and $20 per hour for non-resident organizations. • A one-time $30 administrative fee will be charged for each field use permit to help offset administrative expenses. • Lights are available at Civic Park on the full-sized field. Lights are an additional $20 per hour and will be charged after the following times: January 4:00 pm May 7:00 pm September 7:00 pm February 5:00 pm June 8:00 pm October 6:00 pm March 6:00 pm July 9:00 pm November 4:00 pm April 6:00 pm August 9:00 pm December 4:00 pm Collection of Fees When the final field allocation is approved and a facility use permit has been issued 50% of field rental fees are due. The balance of the field rental fee is due within 30 days of final billing. Payments not received within a timely manner may result in the termination of existing permit mid -season and/or affect an Organization's or applicant's standing for the following year. Payment can be made via check payable to the City of Edmonds; via credit card in person or over the phone (425-771-0230); or via cashier's check or cash at the Frances Anderson Center (700 Main St. Edmonds, WA 98020). Checks returned to the City will be charged a return check fee as per the City's Non -Sufficient Fund (NSF) Fee policy. J. Cancellation, Rescheduling and Refund Policy If City staff cancels or declares a field unsafe for use and is not able to provide an alternate location, the Organizer will receive a credit or refund of the rental fee on the final billing statement at the conclusion of permit use. Credits are not issued for weather related cancellations (rainouts) and Organizers are encouraged to schedule additional time to accommodate make-up games at the time of their field use application. K. Field Locations & Details Frances Anderson Center Fields, 700 Main St, Edmonds • Multi -purpose grass field — primary use is youth soccer, football, lacrosse practice/games and events. The field is not lined and does not include goals. N. Packet Pg. 57 2.2.a Revised May 2023 • Youth softball/baseball field — primary use is youth baseball/softball practice. There are no dugouts, bases, lines, or a home run fence. • Restrooms located in Frances Anderson Center during operating hours with portable restroom for all other times. City Park, 3rd and Howell, Edmonds • Youth softball/baseball field — primary use is youth baseball/softball practice. There are no dugouts, bases, lines, or a home run fence. • Multi -purpose grass field - primary use is youth soccer, football, lacrosse practice and events. The field is not lined and does not include goals. • Restrooms available in the park. Civic Park, 310 6th Avenue N, Edmonds • Full-sized grass soccer field (300' x 150') - primary use is soccer, football, lacrosse games and practice. The field is lined and includes full sized soccer goals and lights. • Mini grass soccer field (160' x 100') - primary use is youth soccer games/practice and warmups. The field is lined and does not include goals. • Restrooms available in the park. Hickman Park, 23700 104th Ave. W Edmonds Grass field - primary use is soccer, football, lacrosse practice. The field is not lined and does not include goals. • Youth Baseball / Soccer Field — primary use is t-ball, coach pitch baseball/softball. There are no dugouts, bases, lines, or a home run fence. • Two portable restrooms. Pine Street Playfield, 6th and Pine Street, Edmonds • Youth baseball / softball field - primary use is youth baseball and softball for ages 10 and under. Playfield has covered dugouts, home run fence at 170' and limited spectator seating; user must provide bases. • One portable restroom. Seaview Park, 80th Ave W and 186th St SW, Edmonds • Grass field - primary use is youth soccer, football, and lacrosse. The field is not lined and does not include goals. • Youth baseball / softball field — primary use is youth baseball and softball. There are no dugouts, bases, lines, or a home run fence. • Restrooms available in the park. Sierra Park, 80th Ave W and 191't St SW, Edmonds • Youth baseball / softball field — primary use is youth baseball/softball and adult softball. The field has a homerun fence at 240' and team benches. There are no dugouts, the field is not lined, and user must provide bases. • One portable restroom. E Packet Pg. 58 2.2.b EDMONDS PARKS, RECREATION & HUMAN SERVICES ATHLETIC FIELD RESERVATION APPLICATION • Please review the City of Edmonds Athletic Field Use and Reservation Policy on the City's website for detailed information regarding reservations, requirements, pricing and submittal deadlines. • Questions may be directed to 425-771-0230 or Field Reservations@edmondswa.gov. • Complete pages 1-4 and return to Edmonds Parks, Recreation & Human Services to request field reservations. Mail/Deliver to: 700 Main St. Edmonds, WA 98020 or Field Reservations@edmondswa.gov. APPLICANT INFORMATION2 0 a Name of Organization or Organizer: c Classification: ❑ Non -Profit, ID# ❑ Private Citizen or Group ❑ For -Profit / Commercial a� Residency Status: ❑ Resident (65% or more participants live in Edmonds) ❑ Non -Resident Cd Organization Website Address: Primary Phone : y Billing Address: City, ST Zip: a� ii ORGAN IZER/AUTHORIZED REPRESENTATIVE INFORMATION Name of Primary Contact Person: Position: Q Email Address: Phone Number: c g Billing Contact Person: ❑ Same as above or Name: `2 .Q a Email Address: Phone: Q a� GENERAL ACTIVITY INFORMATION (Complete ALL that apply) ii Activity Title: Sport Type: 2 W m Field Use Type: ❑ Game (s) ❑ Practice ❑ Camp/Clinic ❑ One -Time Use a Activity Start Date: Activity End Date: E Target Age Range (s): # of participating teams: Average # of players per team: a r ❑ Use of amplified sound, if yes describe: _ ❑ Use of City Utilities: ❑ Potable Water Other Requests: ❑ Electricity Purpose: ❑ Use of lights (Civic Park Only) r Q Athletic Field Reservation Application Pnna 1 of 4 Packet Pg. 59 2.2.b Preferred Field (number your top three choices with #1 being your top choice): _Frances Anderson Center (select all that apply): ❑ Multi -Purpose Grass Field ❑ Youth Softball/Baseball Field _City Park (select all that apply): ❑ Multi -Purpose Grass Field ❑ Youth Softball/Baseball Field _Civic Park (select all that apply): ❑ Full -Sized Grass Soccer Field with lights (300' x 100') ❑ Mini Grass Field (160' x 100') _Hickman Park (select all that apply): ❑ Multi -Purpose Grass Field ❑ Youth Softball/Baseball Field Pine Street Playfield : ❑Youth Baseball/Softball Field Seaview Park (select all that apply): ❑ Multi -Purpose Grass Field ❑ Youth Softball/Baseball Field _Sierra Park : ❑ Youth Baseball/Softball Field Reservation Dates Requested: Day of Week Start Date End Date Start Time End Time ❑ Practice ❑Game ❑M ❑Tu ❑W ❑Th ❑F ❑Sa ❑Su ❑ Other* ❑ Practice ❑Game ❑M ❑Tu ❑W ❑Th ❑F ❑Sa ❑Su ❑ Other* ❑ Practice El Game ❑M ❑Tu ❑W ❑Th ❑F ❑Sa ❑Su ❑ Other* ❑ Practice ❑Game ❑M ❑Tu ❑W ❑Th ❑F ❑Sa ❑Su ❑ Other* ❑ Practice ❑Game ❑M ❑Tu ❑W ❑Th ❑F ❑Sa []Su ❑ Other* *If activity is "Other" than Practice or Game, please describe: Describe equipment you wish to setup for your activity (note: vehicles are not allowed on fields and stakes/ground penetrating devices are also not allowed for example: sandbags must be used to hold town tents vs. stakes): Additional comments or requests: Q Athletic Field Reservation Application Pnna 2 of 4 Packet Pg. 60 2.2.b Initials & Signature of the Organizer or Organizer's Authorized Representative is required in the Acknowledgement and the Hold Harmless & Indemnification sections below indicating understanding of the statements and intent to comply. Minimum Age. I certify that I am 18 years of age or older and that I am an authorized representative of the Organization/Organizer. Residency. I understand that the City of Edmonds may request an audit on the residency status of my organization at any time. To be considered local at least 65% of registered participants must be Edmonds Residents. Application Timeline. I understand that I may expect receipt acknowledgement from the Edmonds Parks, Recreation and Human Services Department within 10 business days of my application submittal. 2 Insurance. The City of Edmonds does not maintain insurance that will respond to claims against me, the o Or anizer arising from m use m affiliated organizations members/participants' use or use b those attending g g Y Y gY g a c my activity. When required by the City, I will provide written documentation meeting the minimum ° requirements outlined in the City's Athletic Field Use and Reservation Policy as proof of my general liability it insurance coverage. m Field Use & Park Rules. I, the Organizer have read, understand and agree to abide by all field use policies and 06 park rules described in the City's Athletic Field Use & Reservation Policy. ° N Alcohol & Marijuana. Washington State law prohibits the consumption or use of alcohol or marijuana products :2 in any form in public places, which includes the City of Edmonds park facilities. It also prohibits the opening of packages containing alcohol or marijuana products in any form. Please refer to the Revised Code of Washington 2 (RCW) sections 66.44.100 and 69.50.445 for detail. A person who violates these sections is guilty of a class 3 r civil infraction under chapter 7.80 of the RCW. Q Standard of Behavior. I, the Organizer, understand that I, my affiliated members/participants and those in o attendance of my activity are expected to obey all laws governing the City of Edmonds and the State of Washington and to behave in a respectful manner during our use of the playfields. Fighting, abusive or Q threatening language, public urination, intoxication, and littering are examples of behaviors that are considered °- a unacceptable. I understand it is my responsibility to address unacceptable behavior if it occurs. The City of y Edmonds may at its discretion terminate my Field Use Permit if unacceptable behavior concerns persist. Youth Program Concussion & Head Injury Protocol, Sudden Cardiac Arrest, Equity and Non -Discrimination. I U_ attest that I have read and understand the Zackery Lystedt Laws (Youth Sports Concussion and Head Injury Law), 2 Gender Equality Bill for Community Athletics programs and Title IV, Civil Rights Act and agree to ensure the organization I represent will comply. a Field Prep & Cleanup. Equipment I wish to setup to support my activity must be preapproved, in writing, by the r City. I understand that I am responsible for leaving my designated playfield area free of debris and garbage upon E my activity's conclusion. I will place garbage created by my activity in the waste receptacle provided onsite or I r will haul it off -site. I also understand that I will be responsible for payment of a cleanup fee when the City Q deems my post -activity cleanup was inadequate. Cancellations & Changes. I understand that once my application is approved, the Cancellation, Rescheduling and Refund Policy described in the City's Athletic Field Use and Reservation Policy applies. Departmental Access. I understand that City of Edmonds Parks, Recreation and Human Services authorized representatives shall have free access to the premises at all times. Private Vehicles. My personal vehicles and those of my affiliated participants and guests are not permitted on the playfields at any time without prior written approval from the City of Edmonds. Athletic Field Reservation Application Pnna 3 of 4 Packet Pg. 61 2.2.b Playfield Conditions. I understand that my playfield reservations may be cancelled at the City's discretion when It has determined imminent conditions exist that could potentially cause damage to the playfields or put field users' safety at risk. Should this occasion occur, I can expect the City to notify me with as much advance notice as is feasibly diligent. COVID Protocols. I acknowledge Washington State guidance regarding COVID restrictions and agree to comply with guidance in effect during my activity. I affirm that protocols have been developed to comply with State guidance and have been approved by the Snohomish County Health Department. With my signature below, I the Organizer or Authorized Representative of the Applicant, hereby request of the City of Edmonds the use of the City facilities as described herein and certify that the information in this request is correct and complete. I agree that no persons will be excluded from participation in, or denied the benefit of, or otherwise subjected to discrimination because of the person's race, color, national origin, age, handicap or other protected class status during my use of the City's facilities. I further agree to exercise the utmost care in my use of the City's facilities and agree to reimburse the City for any costs incurred by the City in repairing damage to its facilities caused by my activity. I agree to defend, indemnify and hold harmless the City of Edmonds, its elected officials, appointed officers, employees and agents from all liability resulting from my use of City facilities except only such liability as shall have been occasioned by the sole negligence of the City of Edmonds. I agree to observe and comply with all provisions of laws and ordinances governing the City of Edmonds and the State of Washington. Printed name of Organizer or Authorized Representative: LL r m Signature of Organizer or Authorized Representative: a ❑ 1 understand that checking this box and typing my digital signature constitutes a binding agreement. o Q ., INSURANCE a a When the final field allocation is approved and a facility use permit has been issued 50% of the field rental fee is due. The y balance of the field rental fee is due within 30 days of final billing. Payments not received within a timely manner may affect an Organization or applicant's standing for the following year. a, ii The City must receive a valid Certificate of Insurance accompanied by the policy's endorsement at least 30-days prior to .2 your activities start date. Certificate holder must be listed as: City of Edmonds, 700 Main St. Edmonds, WA 98020 with a minimum coverage listed as $2,000,000 General Aggregate and $1,000,000 per occurrence. a r c m E •R CITY USE r Date Application received by the City: By: Q ❑ Field Allocation APPROVED AS REQUESTED. Permit # ❑ Field Allocation APPROVED WITH CHANGES. Permit # ❑ Field Us NOT APPROVED. No Permit Issued. Remarks: Staff Signature: Date: Title Athletic Field Reservation Application PnnP 4 of 4 Packet Pg. 62 2.2.c Athletic Field & Reservation Policy Summary of Changes: 2015 Version New Proposed Version Introduction / 4 bullet points Several paragraphs with a link to park regulations Purpose: Definitions: NA / not included in prior New version Scheduling Added two new categories for increased clarity: Priorities: • Non-league/non-profit • non-league/for profit Allocation Process: Timeline remains the same Application: Submit an email with NEW fill out online application, allows the City to request ensure permit holder attests to reading and understanding rules, procedures, and guidelines. Insurance: Limited information Added details such as insurance amount, endorsement requirements and timing for submission of proof of insurance. General Field Use Rules and Regulations (16 Separated into field use policies and rules of Policies: bullets) conduct. Significantly more information and clarity of expectations. Damages: NA / not included in prior New version Youth Concussion & Portions were mentioned Links to all laws added to rental website, Head Injury but no set policy that application requires initials that laws have been Protocol, Sudden ensured uniform access to reviewed and intend to be followed. Cardiac Arrest, information and attestation Equity and Non- of compliance. Discrimination. Fees and Charges: Resident: $12/hour Resident: $15/hour Non -Resident: $16/hour Non -Resident: $20/hour Lights Resident: $12/hour Lights: $20/hour ($32 Resident/$20 non-resident) ($24/hr total) Lights non -Resident; $16/hr ($32/hr total) Collection of Fee's: Policy stated due 3 days 50% of fee's due upon receipt of field allocation; prior to activity start. balance due withing 30 days of final invoice Reality, staff time spent (typically sent near the end of the session). chasing applicants for payment. Refunds: Stated refunds could be Simplified the process to ensure cancellations at requested for programs no fault to renter are given credit/refund. cancelled due to adverse Cancellations due to weather or other do not weather. Parks does not receive a refund. cancel due to weather, the organizations are required to make that determination therefore this was inaccurate and misleading. Field locations & Updated to be more accurate details: V 0 IL c 0 r R a� N m Ca m D M 2 ii r d a N m c c� t U 0 E E 0 r c m E M U R a Packet Pg. 63 Athletic Field Use & Reservation Policy k, .M 1M` ` k z ' __ _ n r M. �i. ,-X ,� { City Council Parks & Public Works Committee, June 13,2023 Shannon Burley, Deputy Parks, Recreation & Human Services Director a� LL a M N O N V O d C O R i O N d C R O N LL V d L a r- 0 c a� a E Oti EDAf .O+ Packet Pg. 64 Overview • Last updated in 2015 • Reviewed recommended by the Planning Board May 2023 • Fee evaluation and recommendation • Alignment with current practices • Provide enhanced transparency & clarity • Improve efficiency & enhance customer service • Questions and next steps 2 �I 4 Packet Pg. 65 U- a Rental Fee Recommendation • Evaluated multiple jurisdictions fees • Edmonds fees are lowest, recommend slight increase • Resident fee increase $15 per hour; was $12 per hour • Non-resident fee increase to $20 per hour; was $16 per hour • Approx $11,350 revenue increase based on 2022 rentals • No Civic Park in 2022 • No light fees in 2022 • Light fee increase to $20 per hour • MLT $15 per hour • Lynnwood $25 per hour • 50% due upon allocation approval; 50% within 30 days of 3 billing a+ Q Packet Pg. 66 Update to Match Current Practices • Scheduling priorities added two new non-league categories • City of Edmonds sponsored or co -sponsored events and programs • Edmonds Resident Youth Leagues • Edmonds Resident Adult Leagues • Non -Resident Youth Leagues • Non -Resident Adult Leagues • Non -Profit, non-league use (camps, clinics, events, etc.) • For -Profit, non-league use / commercial groups • Refund language updated M t ••�y� � :... �' ..yti «� � '-� , .,; �,... ;ram OF E D" r O � r �I 4 Packet Pg. 67 Transparency & Clarity • Introduction & purpose expanded • Added sections for Definitions and Damages • Expanded insurance requirement language • General field policies in two sections • Field use policies • Rules of conduct 5 U- a �� E 41,, tUC Packet Pg. 68 Efficiency & Customer Service • Allocation process language revision • NEW online application • State & Federal law integration • Accuracy update to field descriptions _nl.,..,ktlum,a,: rein, mnm:,,1 ma..�n•O rrre ::.inn%',,, Oanxs,nni wrr:aa w„aOMV _ .uro,n a,�r,,,, rae�grn•nsmnve.,,a.nxaew _axnni.xnwwn,aµr Onnsaau,,.se<,.. r.w.nxnpvim.rmi ❑ m.,: e,,., e».e arw. soot _ ..se...nrwr,m„ ❑MaxN::�.uMn,a gwwncarmauu„emm�e :e..,nn•aa: grcwxawnsoxxoix,a ao,w„rnie.,, ❑m::aww,-a�.,.aa O,annsmnrva.,,wnx,w ores on Dw cox or Da osu Dw oN ow o+x or on osu Du ow Dw ores or Ds. osu or. ow ow o,n or Ds ow ores on ow Cm or Da Ci u w��mimx ❑,w.,,�om,mmm ro,„w.o::e„•„n,:.,.ev.,n w^o �..w.e�.�„oxw.sw.,.:.M. ❑rn e,wro,w»�.svw,.awcss n.,.nn ❑ranu,xnunrowa care,,.. x,:•A•,:. mnsw•m,< .. EDMONDS ATHLETIC FIELD PARKS, RECREATION S HUMAN SERVICES RESERVATION APPLICATION • Please review the City of Edmonds Athletic Field Useand Reservation Policy on the City's website for detailed information regarding reservations, requirements, pricing and submittal deadlines. • questions may be dinec4d ro 425-771-0230 or FieldResePwtJ,mraedmonds Son, • Complete pages 1-4 and return to Edmonds Parks, Recreation & Human Services to request field reservations. Mall/Deliver to: 700 Main St. Edmonds, WA 98020 or FieldReservationsraedmondswa.eov. Name of Organization or Organizer: Classification: E3Non-Pmfit,IDg O Private Citizen or Group [3For-Profit/Commercial Resldency5tatus: OResident (65%or more participants live In Edmonds) El Non -Resident Organization Webslte Address: Primary Phone : Billing Address: City, ST Zip: Name of Primary Contact Person: Posidon: Email Address: Phone Number: Billing Contact Person: ❑5ameasabove, or Name: Email Address: Phone: Field Use Type: ❑Game(s) ❑Practice ❑Camp/Clinic ❑One -Time Use Activity Start Dare: Activity End Data: Target Age Range(s): gofparticipatingreama: AveragElf0playersperteam: SPECIAL REQUESTS (C,Hn1,I­NLLthtpl, y) ❑ Use of amplified sound, if yes describe: ❑ Use of lights (Civic Park Only) ❑ Use of City Utilities: ❑Potable Water ❑Electricity Purpose: Other Requests: Initials & Signature of the Organizer or Organizer's Authorized Representative is required in the Acknowledgement and the Hold Harmless & IndemnBlcation sections below, Indicating understanding of the statements and IMentto comply. Minimum Age. I certify that I am 18 years of age or older and that I am an authorized representative of the Organization/Otganirer. _ Residents. I understand that the City of Edmonds may request an audit on the residency status of my organization at any fine. To be considered local at least 65%of registered participants must be Edmonds Residents. Application Timeline. l understand melt may evpect receipt acknowledgement from the Edmonds Parks, Recreation and Human Services Department within 30 business days of my application submittal. Insurance. The City of Edmonds doesot nmaintain imurance that will respond w claims against me, the Organizer, arising from my use, my affiliated organizations members/participants' use or use by those attending my activity. When required by the City, I will provide written documentation meeting the minimum requirements outlined in the City, Athletic Field Use and Reservation Policy as proof of my general liability insurance"""" _ Fla. Use &Park Rules. I, the Organizer have read, understand and agree to abide by all Field use policies and park rules described in the City's Athletic Field Use & Reservation Policy. _ Alwhol&Marijuana. Washington State law prohibits the consumption or use of alcohol or marijuana products n airy form in public places, which includes the City of Edmonds park facilities. It also prohibits the opening of packages containing alcohol or marijuana products in any form. Please refer to the Revised Code of Washington (RCW) sections 66.44.100 and 69.50.445 for detail. A person who violates these sections is guilty of a class 3 civil infraction under chapter 7.80 of the RCW. _ Standard ofBehaWae L the Organizer, understand that 1, my affiliated members/participants and those in attendance of my activity are expected to obey all laws governing the City of Edmonds and the State of Washington and tobehave In a respectful manner during our use of the playfields. Fightin& abusive or threatening language, public urimtion, into,iration, and littering are examples of behaviors that are considered unecceptabla. I understand it is my responsibility, w address unacceptable behavior if it occurs. The City of Edmonds may at its discretion terminate my Field Use Permit if unacceptable behavior concerns persist. Youth program Concussion & Head Injury Protaol, Sudden Cardiac Arrest, Equity and Non -Discrimination. I attest that I have read and understand the Zackery Lystedt Laws (youth Sports Concussion and Head Injury law), Gender Equality Bill for Community Athletics programs and Title M, Civil Rights Act and agree to ensure the organization I represent will comply, _ Field Prep & Cleanup. Equipment l wish W seNpto support my activity must be preapproved, in wrifin&by the City. I understand that I am responsible for leaving my designated playfield area free of debris and garbage upon my acfivityA Conclusion. 1 will place garbage created by my activity in the waste receptacle provided onsire or I will haul it 0-sine. I also understand that I will be responsible for payment of a cleanup fee when the City deems my post -activity cleanup was inadequate. Gnrellatinm & Changes. I understand that once my application is approved, the Cancellation, Rescheduling and Refund Policy described in the City'sAthletic Field Use and Reservafion Policy applies. Departr enbl Access. l understand that City of Edmonds Parks, Recreation and Human Services authorized representatives shall have free access W the premises at all times. Private Vehides. My personal vehicles and those of my affiliated participants and guests are not permitted on the playfields at any time without prior written approval from the City of Edmonds. U_ a Packet Pg. 69 Questions & Next Steps • Recommendation Planning Board - complete • Request approval on consent June 20, 2023 • Policy in effect beginning July 1, 2023 7 �I 4 Packet Pg. 70 2.2.e City of Edmonds Policies and Procedures for Athletic Field Use Scheduled by City of Edmonds The Parks, Recreation and Cultural Services have established this field use policy to: 1. Manage the limited number of city athletic fields. 2. Insure all user groups are given a chance to schedule the use of city athletic fields with the priority given to the Edmonds residents. 3. Charge fees to help maintain fields. 4. Mitigate concerns of neighbors living near athletic fields. Scheduling Priorities — Priority use will be granted to organizations with residency, as follows in order of priority: 1. City Sponsored programs 2. Youth Edmonds residents* 3. Adults Edmonds residents* 4. Youth out of boundaries 5. Adults out of boundaries *In the case of Woodway Campus Fields, this is defined as residents within the Verdant Health District boundaries. Edmonds School District has priority of Woodway Campus Fields until 5pm weekdays when school is in session. Scheduling Procedures 1. Facilities will be scheduled for three program periods each year which are as follows: Spring/Summer (March, April, May, June, July, August) Requests for this period will be accepted beginning January 1 and ending February 1 Fall (September, October, November) Subject to weather conditions on all fields except Woodway Campus Fields. Request for this period will be accepted beginning July 1 and ending August 1. Winter (December, January, February) Request for this period will be accepted beginning November 1 and ending December 1. Civic Center Dirt Field and Woodway Campus Fields are the only fields available. (All Grass Fields are closed during these months unless otherwise approved by the Park Maintenance Manager) Packet Pg. 71 2.2.e City of Edmonds Policies and Procedures for Athletic Field Use Scheduled by City of Edmonds 1. Scheduling meeting, if necessary, will be conducted within 14 days after the designated date for submission of request. Following the scheduled meeting, approved requests will be mailed to each organization confirming the dates of use. Facilities will be assigned on an equitable basis and contingent upon field availability Reassignments necessary due to inclement weather or facility closure will be made when possible. The City reserves the right to limit the amount of play permitted on the facilities during any program period. The City will establish beginning and ending dates for field use for each period. 2. All organizations shall submit a copy of their formal league schedule to the Recreation Center at least one week prior to the program starting date. Tournaments must submit a copy of tournament schedule Wednesday prior. 3. Scheduled league games shall have use of the facilities over practice. League play has priority over tournament games. Maximum scheduled time per game is two hours, and a maximum scheduled time for practices is one and one-half hours. Practice sessions locations will be rotated around the field playing surfaces in accordance with existing field conditions. Facility Attendant will control the use of the facility. 4. The City of Edmonds requires all users groups to provide a copy of the agency's insurance policy showing the City of Edmonds as Co -additional insured. A signed copy of the Edmonds School Districts Lystedt form when requesting use of a School District fields. Permits will no longer be issued without this verification. 5. League Coordinator, Presidents, etc. are directly responsible for informing team coaches/representatives of the City of Edmonds policies regarding field rental/usage. Fees and Charges 1. Fees and charges will be assessed for use of all facilities to help partially offset administrative and operational costs. Facility rental fees are outlined below. A $30 Administrative fee will be included for each rental. 2. Fee Schedule: A. Woodway Campus Fields per hour rate Youth $40/hr Adults $60/hr Tournaments Youth $60/hr Adults $80/hr B. All other fields per hour rate without lights; Civic Center Field with lights: R $10.00/Hr - NR $12.00/Hr R$20.00/Hr - NR $24.00/Hr 2 Packet Pg. 72 2.2.e City of Edmonds Policies and Procedures for Athletic Field Use Scheduled by City of Edmonds C. Light Rental Guidelines; Fees will be charged after the following times. January 4:00 pm May 7:00 pm September 7:00 pm February 5:00 pm June 8:00 pm October 6:00 pm March 6:00 pm July 9:00 pm November 4:00 pm April 6:00 pm August9:00 pm December 4:00 pm Collection of Fees Billing statements of facility usage will be attached to approve Facility Use Permits and must be paid three (3) days prior to scheduled usage. Failure to make payment within the three (3) day period will result in immediate termination of approved permit. All payments for fees and charges will be made by cash, check or an approved credit card payable to City of Edmonds. Checks returned to the City must be paid by cash, credit card or cashier's check plus an additional $30.00 return check fee. C ancelation/Rescheduling Requests for refunds must be submitted in writing to Edmonds Parks, Recreation and Cultural Services. They will be granted based on the following criteria, 1. Programs canceled by adverse weather. 2 Programs canceled by Edmonds Parks, Recreation and Cultural Services at least 72 hours in advance of the scheduled activity. 3 Emergency, short, or no notice cancellations, instituted by police, fire, park, or official personnel, wherein the health and/or safety of the participants and/or spectators could be at risk. All refunds for the above reasons will be made to the organization at the conclusion of the approved permit use. Community Athletics Non -Discrimination Policy: The City of Edmonds complies with the State of Washington's "Fair Play in Community Sports Act" (Laws of Washington Chapter 467, effective July 26, 2009) that prohibits discrimination against any person in a community athletics program on basis of sex. Packet Pg. 73 2.2.e City of Edmonds Policies and Procedures for Athletic Field Use Scheduled by City of Edmonds RULES AND REGULATIONS 1. Alcohol, Drugs, Smoking and Dogs are prohibited at all City and School fields 2. Motor vehicles are to be parked only in designated parking areas. 3. Concessions - only permitted with City of Edmonds Recreation User Agreement. 4. No person shall mutilate, deface, or damage any athletic facility. All litter shall be deposited in the designated receptacles. 5. All rules and regulations related to the use of Edmonds School District property shall apply to all City athletic facilities located on School District property. 6. Organizations shall not be permitted to utilize the facilities without adequate adult supervision at all times. 7. All organizations, groups, and/or individuals utilizing the facilities must leave them in satisfactory condition. Failure to do so will result in the additional maintenance costs charged to the organization, group, or individuals responsible for additional cleanup. 8. The Edmonds Parks, Recreation and Cultural Services reserves the right to cancel any facility Use Permit due to excessive turf damage or any unforeseen issues and to amend the procedures set forth in this document at any time. 9. The City of Edmonds is not responsible for accidents, injuries or loss of property. 10. All play will cease at the following times listed on the field permit for all field rentals with the exception for Civic Center Playfield on which play will cease at 9:00 pm year round. See chart used for light fees on page 3. 11. Billing statements for facility usage will be attached for approved Facility Use Permits and must be paid three (3) days prior of the scheduled usage. Failure to make payment within the three (3) day period will result in immediate termination of approved permit. All payments for fees and charges will be made either by cash, check, or an approved credit card. A $30.00 fee will be charged for all returned checks. 12. If a team or league chooses to violate the limitations placed on fields, they will be penalized by not being allowed to play on the field(s) for the remainder of the season and possibly the next season. 13. No organized play or practices will start before 9am on any city owned or scheduled fields. 14. Organizations must provide their own bases and lining equipment. 15. No artificial noisemakers on the fields. Examples are honking car horns, sirens, air horns, portable music player + P. A., radios, etc. 16. Any organization not utilizing the fields as scheduled will lose that scheduled time for the remainder of the season. Packet Pg. 74 2.2.e City of Edmonds Policies and Procedures for Athletic Field Use Scheduled by City of Edmonds Field Locations Anderson Field, 700 Main St, Edmonds Grass field, primary use is youth baseball, soccer, and softball. No fences. Open March 15 through October 31. Restrooms located in Frances Anderson Center. No bases installed. City Park, 3rd and Howell, Edmonds Grass field, primary use is youth baseball, soccer, and softball. No fences. Open March 15 through October 31. Restrooms in park. No bases installed Civic Center Playfield, 6th and Edmonds St, Edmonds Field CC 1 — Multi -purpose soccer field with lights, open year round. Field CC2 — Grass baseball, soccer, and softball field. Right field fence 270'. Open March 15 through October 31. One sani-can. No bases installed. Edmonds Elementary, 1215 Olympic Ave, Edmonds Multi -purpose field, primary use is youth baseball, soccer, and softball. No fences. Open March 15 through October 31. One sani-can. No bases installed. Hickman Park, 23700 104th Ave. W Edmonds Grass field primary use is youth t-ball, coach pitch baseball and soccer. No fences. Open March 15 through October 31. Two sani-cans. No bases installed. Sport court with two basketball hoops. Madrona School, 9300 236th St SW, Edmonds M-1 — Primary use is youth baseball and adult softball. Left field fence 270'. No bases installed. M-2 — Primary uses youth football, lacrosse and soccer. Open March 15 through October 31. One sani-can. Pine Street Park, 6th and Pine Street, Edmonds Grass field, primary use is youth baseball and softball for ages 10 and under. Fence 170'. Open March 15 through October 31. One sani-can. No bases installed. Seaview Park, 80th Ave W and 186th St SW, Edmonds Grass field, primary use is youth baseball, soccer, and softball. No fences. Open March 15 through October 31. Restrooms in park. No bases installed. Sierra Park, 80th Ave W and 191st St SW, Edmonds Grass field, primary use is youth baseball, soccer, softball and adult softball. Fences 240'. Open March 15 through October 31. One sani-can. No bases installed. Woodway Campus Fields, 23200 100th Ave W. Edmonds Synthetic turf fields, primary multi use sports field. Lined for soccer, lacrosse, baseball, and ultimate frisbee . Three sani-cans. Open year round. 5 Packet Pg. 75 2.3 City Council Agenda Item Meeting Date: 06/13/2023 Letter to WSDOT regarding Unocal property Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Currently, WSDOT and Unocal are awaiting Dept. of Ecology findings (expected to be available in July 2023) regarding the success of the environmental cleanup of the contaminated Unocal property at the Edmonds Marsh, which was used for production of asphalt products and storage of bulk fuels. When Ecology has certified the success of the cleanup effort, the property will be transferred to WSDOT pursuant to the purchase and sale agreement between Unocal and WSDOT. Since WSDOT no longer plans to use that property as a site to which to locate the Edmonds ferry terminal, WSDOT wishes to dispose of the property. The City of Edmonds holds first right of purchase of the property from WSDOT after WSDOT has assumed direct ownership of the property. On May 23, Council approved a Memorandum of Understanding (MOU) with WSDOT outlining a potential path forward for the City to obtain the Unocal property for purposes of environmental preservation/restoration. The MOU reinforces the City's desire to maintain first right of purchase of the property. Other options for preservation/restoration of the property may be available, as discussed below. Recommendation Consider the enclosed draft of a letter to WSDOT apprising them of our plan to request a meeting with Governor Inslee to explore alternatives around ownership of the Unocal property for preservation/restoration purposes, identify any necessary changes to the WSDOT letter draft and bring the draft forward to full Council for discussion and an approval vote. Narrative On May 23, 2023, Council considered two items regarding disposition of the Unocal property described above. In addition to approving the MOU with WSDOT regarding potential purchase of the property after WSDOT assumes direct ownership, Council considered a draft letter to Governor Inslee requesting a meeting to discuss another alternative that may be of interest to the State in achieving its high priority goals around salmon recovery, protection of the southern Orca resident population and preservation of open space for environmental preservation purposes. Under this alternative, the State would retain ownership of the property and work in partnership with the City to achieve our mutual high priority objectives. However, concern was expressed by several Councilmembers in the May 23 meeting that sending a letter to the Governor about exploring this alternative may create concerns with WSDOT since they would not have been formally apprised of our interest in discussing an alternative to a direct Packet Pg. 76 2.3 purchase arrangement prior to the City sending the letter to the Governor. For that reason, as well as the results of Ecology's findings not yet being available, the draft letter to the Governor was tabled until a future date. To address that concern, a letter to WSDOT has been prepared to apprise them of our desire to discuss with the Governor, WSDOT, the tribes and others the potential option of the State retaining ownership of the Unocal property at the Edmonds Marsh. If the parties, after fully exploring this option, determine it is not a viable path, the City and WSDOT will continue to pursue purchase by the City of the property per the terms outlined in the MOU. Attachments: wsdot letter draft EdmondsWSFMOU with Restoration Language Packet Pg. 77 2.3.a June xx, 2023 Roger Millar, Secretary of Transportation Xxxx Olympia WA Subject: Disposition of Unocal Property in Edmonds for Purposes of Estuary Restoration and Salmon Recovery Dear Secretary Millar, We thank you for the personalized letter you sent last year to our citizen volunteers that have been working with WSDOT for the Edmonds Marsh Restoration Project. We are continuing our partnership with WSDOT on these restoration efforts this year and have already established a work plan with WSDOT and the City. As you know, Edmonds is interested in having the Unocal property used for expansion and restoration of the near -shore -estuary and reconnecting the Edmonds Marsh to Puget Sound via an above -ground stream channel for salmon recovery —including recovery of the endangered Chinook salmon. This effort would be one of the largest nearshore estuary restoration projects in central Puget Sound for salmon recovery and by extension directly supports the Southern Resident Orca population and environmental preservation for birds and other wildlife. On May 23rd the Edmonds City Council approved a Memorandum of Understanding (MOU) with Washington State Ferries to reinforce the City's desire to continue to hold the "right of first purchase" of the Unocal property' (see attached MOU). ' In Section 214 of the approved 2023-2025 State biennium budget, a proviso was included specifying the City of Edmonds will retain right of first purchase through the end of that budget cycle. 1 Packet Pg. 78 2.3.a Another path we are interested in pursuing is exploring the potential for the State to retain ownership of the property. We have written a letter we would like to send to the Governor requesting a meeting to discuss this option. With this alternative, the City serves as a partner with State agencies in designing and maintaining the restoration efforts. We would like to include you and/or your staff in these discussions, along with the grant funding agencies that are familiar with these types of transfers and restoration efforts. We believe the Governor would be interested in such a meeting since near -shore estuary restoration will directly support the Federal government and the State's highest priorities around environmental restoration and net ecological gain, a term Tribes fully embrace. This restoration effort will create an urban preserve for salmon and Orca recovery, wildlife protection and environmental preservation as well as carbon sequestration. Prior to moving forward with the purchase option, we would like to ensure the Governor has fully considered the benefits of continued State ownership of the Unocal property and has decided whether this option should be pursued. We look forward to working with WSDOT, the Governor, other State agencies, Salmon Recovery Councils, and our State and Federal Legislators to determine the optimal path to achieving our mutual key priorities around near -shore estuary restoration. Sincerely, Edmonds City Council Mike Nelson, Mayor cc: Amy Scarton, Deputy Secretary of Transportation Patty Rubstello, Assistance Secretary, Washington State Ferries Jason Mulvilhill Kuntz, WRIA 8 Salmon Recovery Manager David Troutt, Puget Sound Salmon Recovery Council, Chair Laura Blackburn, Puget Sound Salmon Recovery Attachment: MOU between Washington State Ferries and the City of Edmonds 2 Packet Pg. 79 2.3.b WASHINGTON STATE DEPARTMENT OF TRANSPORATION AND 14 k WK9124 RILT1 IQ 0 1 oil MEMORANDUM OF UNDERSTANDING FORMER UNOCAL BULK FUEL TERMINAL - EDMONDS, WASHINGTON This MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the Washington State Department of Transportation (WSDOT) and the City of Edmonds, Washington (City), collectively referred to as the "Parties" 1. PURPOSE. The purpose of this MOU is to set forth the Parties' general understanding regarding the potential acquisition of that certain real property known as the Former Unocal Property( the "Property"), by the City from WSDOT. 2. BACKGROUND. 2.1 WSDOT and Union Oil Company of California (Unocal) entered into a purchase and sale agreement entitled Agreement for Sale of Real Property and Escrow Instructions, dated January 27, 2005 (PSA). The PSA is attached hereto as Attachment 1. The PSA set forth the terms and conditions under which WSDOT would purchase from Unocal certain real property located in Edmonds, Washington, now known as the Former Unocal Property and previously known as the Edmonds Lower Yard. The Former Unocal Property is located in the City of Edmonds, Washington and is identified by the Snohomish County Auditor's Office as Tax Parcel Number 262703-2-003-0009 and by WSDOT as Parcel #1-21510 (Former Unocal Property or Property). Unocal's interest in the PSA transferred to the Chevron Corporation upon Chevron's acquisition of Unocal. 2.2 At the time the PSA was entered into, WSDOT intended to acquire the Former Unocal Property to construct a multimodal transportation center. The planned multimodal transportation center project is no longer a viable project. Presently, WSDOT does not have an identified need for the Property. 2.3 The PSA established a purchase price of $8,175,000, which WSDOT deposited into an escrow account created pursuant to the PSA. 2.4 As a condition precedent to WSDOT acquiring the Former Unocal Property, Chevron/Unocal is required to remediate the existing environmental contamination on the Property in accordance with the remediation criteria set forth in the PSA. Page 1 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 80 2.3.b 2.5 The PSA provides that title to the Former Unocal Property will transfer to WSDOT after Chevron/Unocal obtains written confirmation from DOE that Chevron/Unocal had satisfactorily performed the Capital Remediation Work, as that term is defined in the PSA, to the extent that the Monitoring Work, as that term is defined in the PSA, may commence.' To date, DOE has not issued a written confirmation that the Capital Remediation Work has been satisfactorily performed. As such, Chevron/Unocal currently owns and is in possession of the Former Unocal Property. 2.6 The PSA provides that after the Close of Escrow, as that term is defined in the PSA, the terms and conditions of the PSA "will be binding upon and inure to the benefit of the parties' respective successors and assigns." Additionally, the terms of the PSA are required to be incorporated by reference into a deed or other legal instrument that divests WSDOT of its interest in the Former Unocal Property and that the grantee of such deed shall "specifically assume all of the obligations" of WSDOT under the PSA, including any and all monitoring obligations. To the extent the final DOE Consent Decree and associated plans conflict with the terms in the PSA, upon transfer of the Property grantee shall be responsible to resolve said conflict(s). 2.7 WSDOT currently holds an easement across the Former Unocal Property to operate, maintain, and repair a storm water line that services SR 104. Any future sale of the Property by WSDOT will include a reservation of this easement. 2.8 The City has expressed an interest in acquiring the Former Unocal Property for the purpose of expanding the adjoining Edmonds Marsh Estuary. 2.9 Upon execution of this MOU, WSDOT and the City shall negotiate and execute an Addendum to this MOU that authorizes the City's access to the information, opinions, and recommendations (excluding risk analysis) that WSDOT has obtained from Landau Associates about the Property and the Capital Remediation Work. WSDOT acknowledges that Landau's work, once accessed and understood by the City, could cause the City to reevaluate its interest in acquiring the Property on the terms contemplated herein. 3. WSDOT SALE OF THE FORMER UNOCAL PROPERTY TO THE CITY. WSDOT is statutorily authorized to sell real property under its jurisdiction pursuant to the terms and conditions of RCW 47.12.063. RCW 47.12.063(3) authorizes WSDOT to sell real property directly to a city at 1 Washington State Department of Ecology (DOE) and Chevron/Unocal are presently developing a Consent Decree, including a Cleanup Action Plan, for the Former Unocal Property. Page 2 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 81 2.3.b fair market value. It is the intent of WSDOT to first offer the purchase of the Former Unocal Property to the City as outlined in this MOU. 4. CONDITIONS PRECEDENT. The Parties understand that prior to any future sale of the Former Unocal Property by WSDOT to the City the following must have occurred: 4.1 Close of PSA Escrow: All the conditions and instruction provided for in the PSA must be satisfied and properly complied with, and the PSA Close of Escrow, as that term is defined in the PSA, shall have occurred. 4.2 Recording and Title: The deed conveying title of the Former Unocal Property to WSDOT has been recorded and title has transferred to WSDOT. 4.3 City's Confirmation of Interest: The City informs WSDOT that the City is still interested in purchasing the Former Unocal Property at fair market value. 4.4 Property Declared Surplus: WSDOT has determined, in accordance with its policies and procedures, the Former Unocal Property is no longer required for transportation purposes and that it is in the public interest to dispose of the Property. 4.5 Purchase and Sale Agreement: The Parties have executed a Purchase and Sale Agreement that details the terms and conditions by which the City may purchase the Former Unocal Property. The Purchase and Sale agreement shall include, but not be limited to, the following provisions: 4.5.1 Process for Appraisal and the Determination of Purchase Price. 4.5.2 Representations and Warranties. 4.5.3 Conditions Precedent to Conveyance 4.5.4 City Funding 4.5.5 Title Insurance 4.5.6 Permitted Exceptions to title 4.5.7 Disclosures 4.5.8 Environmental Matters 4.5.9 Conveyance of Property Interest 4.5.10 Buyer's Right of Entry 4.5.11 Risk of Loss 4.5.12 Indemnifications 4.6 Fulfillment of the Terms and Conditions of the Purchase and Sale Agreement described in Section 4.5 above. Page 3 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 82 2.3.b 4.7 Payment: The City pays WSDOT the agreed upon fair market value purchase price for the Property. 4.8 Deed: Parties successfully negotiate a deed acceptable by both WSDOT and the City. 5. OTHER PARTIES. The Parties recognize that certain entities, such as the Washington Department of Ecology, may have legal, regulatory, financial, or other oversight obligations with respect to purchase and sale of the Former Unocal Property that the Parties must accommodate. 6. FUNCTION OF MOU. 6.1 NONBINDING: The Parties agree that nothing in this MOU creates any legal or financial obligations for the parties in relation to the sale or purchase of the Former Unocal Property. 6.2 AMENDMENT: The Parties understand and agree that this MOU may be amended by agreement of both Parties. 6.3 TERMINATION: The Parties understand and agree that this MOU may be terminated in full by either party by written notice to the other. The undersigned hereto, having read this MEMORANDUM OF UNDERSTANDING, including all attachments, do agree that it represents the understandings of their respective agencies with regard to the potential sale of the Former Unocal Property from WSDOT to the City. Patty Rubstello, Assistant Secretary, Washington State Ferries Date Michael Nelson, Mayor, City of Edmonds Date Page 4 of 4 WSDOT-City of Edmonds MOU — Former Unocal Property Packet Pg. 83 2.4 City Council Agenda Item Meeting Date: 06/13/2023 Boys & Girls Club New Facility Design Staff Lead: Angie Feser Department: Parks, Recreation & Human Services Preparer: Angie Feser Background/History The City of Edmonds and the Boys & Girls Club of Snohomish County (BGCSC) have a Ground Lease Agreement (attached) which allows for construction of a new facility in the allocated 12,000 square foot area within Civic Center Playfield Park. This agreement, approved in February of this year, requires the City Council's review and approval of the proposed building schematic design including a Public Hearing. Attached are the schematic design drawings as well as a memo describing the need for a new building and a detailed description of the proposed facility. It is important to note this is only a review of the aesthetics and design of the building as it relates to Civic Center Playfield Park and NOT in any way a part of the required formal building permit process. This project requires a full Planning and Building review through the formal permitting process. The Boys and Girls Club participated in a Design Review Committee in March. Staff Recommendation Staff recommends the City Council Parks & Public Works Committee review and provide feedback on the proposed facility schematic design. Narrative The Boys and Girls Club of Snohomish County has occupied the Field House since 1968 with an initial arrangement with the Edmonds School District. Although the property was not purchased by the City of Edmonds until 2016, the City had a property lease with the School District starting in 1975 for the entire park site including the Field House. In 2010, the City and BGCSC entered into a five (5) year Building Use Agreement for the Club's use of the Field House. This agreement included a five (5) year extension clause which was executed in both 2015 and 2020 with the current agreement expiring in 2025. Attachments: Boys -Girls Club New Facility Design BGC Building MEMO City of Edmonds - Boys and Girls Club Ground Lease Packet Pg. 84 2.4.a W Z) z W a x x v OWNER: BOYS $ 6IRL5 CLUB OF SNOHOMISH COUNTY 8223 BROADWAY AVENUE, SUITE 100 EVERETT, WA 18203 CONTACT: MR. BILL TSOUKALAS (425) 258-2436 SITE PLAN 1" = 40'-0" ARCHITECT: 2812 ARCHITECTURE 2812 COLEY AVE. EVERETT, WA g8201 CONTACT: ADAM CLARK (425) 252-2155 nwNir-;p . GITY OF EDMONDS 700 MAIN STREET EDMONDS, WA g8020 (425) 771 -0250 W 0 z W > a x 5U I LL� I N6 51 fiE PLAN 1" = 20'-0" FRO,�E�T CRITERIA: JURISDICTION: GITY OF EDMONDS TAX PARCEL NUMBER: 00454210000000 NORTH LE6AL DESCRIPTION: SECTION 24 TOWNSHIP 27 RAN6E 3 QUARTER 5W GITY OF EDMONDS BLK 100 D-00 - ALL BLK 100 T6W VAG EDMONDS ST & 5PRA6UE ST 4 ALLEY PER GITY OF ED ORD #4028 REG AFN 201606250542. APPLICABLE CODES: 2018 INTERNATIONAL BUILDING GODS 2018 INTERNATIONAL FIRE CODE 2018 NFPA 13 2018 NFPA 72 2018 INTERNATIONAL MECHANICAL CODE 2018 UNIFORM PLUMBING CODE ANSI A111.1-200cl ACCESSIBLE AND USABLE BUILDIN65 AND FACILITIES 2018 WASHIN6TON STATE ENERGY GODS ZONING: COMPREHENSIVE PLAN: LOT SIZE: MAX. HEI6HT: OCCUPANCY: CONSTRUCTION TYPE: EXISTIN6 BUILDING AREA (TO BE DEMOLISHED) NEW BUILDING AREA: P - PUBLIC USE PUBLIC USE 3. q 1 ACRES ( 170, 320sf) 25' A-3 GYMNASIUM VB - TWO STORY (SPRIKLERED) FIRST FLOOR = 2,7g2 S.F. SECOND FLOOR = 2,716 S.F. 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MEEIM MMM MMMM MMMM M MMM EEIEEIM M MM MM MMM MMMMM 0 no-so-sm-1 MMMMN MMMM MMM MM MMM MMMM MINE hEMM M MM p 71 ===ME - MMMMIMEEME���� M ===ME�MM EEIME77 �MMM���� �������� EL EM�� MMM --U; �MMM�E�EL — 7��MMMMM��� MMMM �������� ��MMM��� �������� ��:� '�� ��� ■�� - �- EDMON�S■�� MM MM �� �� �r I ML �� GLEE 5T0 dF ���� �MM�EEMIMIME���� �������� MMM�M��� Ell ---- ��- MMMM M �MM W-------MMME ===ME �- ��������� ■MMIMME �� EEMMMM���� ■MMMM���� ■MMMM���� ■IMMMIME � EEMMMMEMEEIMMIN���� -------- �----MM- MMMMMMM MMM MMMMMMMM MMMMMMMMMMMMMMMM ���MMMMM MM�MM�M� IMMMMMMIMM�MMM ---------- -----MM- MMMMMMMM MMIMM �� MMMM����S�GY� MMMM���� MMMMM��� MMMMhEMMMM���� MMMMMMMMM �IMEEM � �������� MMMM���� ����MMMM���� �■ imam i�1 ■ MISS ■�S�IMMMM JMMMMMM MMMM���� MMMMM��� �MMMM��� EEIMMEEIMEEIEEII �������� �������� �������� MMMEMI �� ��MM���� MMM���� IMME � NORTH ELEVATION SCALE: 1/8" = 1'-0" 50' 0" ARAPET� 01 -0" TOP OF GYM FLR. )P OF PARAPET CLEAR ANODIZED STOREFRONT BLENDED GMU COLORS: GMU-1 AND GMU-2 OI 01I OF GYM FLR Q o W H Q� U � L, LIJ L, Y z �__ I— a _ H = U Q �7 U 3 LJ Q� w Q w o ca w Cl Q Q o F- ID �o �8_ N M > 00 L Q N cl,0j U N N 00 > (N LU LL 0 U) m J U Cn Z J ::) O O N CD U O 00 M 06 = = o U) oU)-Oz o cD z = Q > z o O 0 z w W J m LU m w O Q o z O LU z = z n U_ co OcM LU ~ Q LU W 0 U Drawing: A3.2 Job Number: 22c-4396 C .y 0 v LL 3 d z v A L ad to O m C .y N 0 O LL 3 m z _ V to L m d s Packet Pg. 89 2.4.b To: City Council From: Angie Feser, Director, Parks, Recreation & Human Services Date: June 8, 2023 Re: Boys & Girls Club New Facility Design The follow is narrative material provided by the Boys & Girls Club of Snohomish County to provide context for the need of a new facility as well as additional design details. New Facility Background The Edmonds Boys & Girls Club was established in 1968 as part of the Boys & Girls Clubs of Snohomish County (BGCSC). BGCSC was granted a charter from Boys & Girls Clubs of America in 1946 and opened its first Club in Everett. Today there are 25 Boys & Girls Clubs, including Edmonds, spread across a multi -county area including seven on tribal land within Washington State. Discussion about the Edmonds Boys & Girls Club began when the lease with the city was expiring in January 2021. BGCSC began looking at other potential locations and assessing whether a Boys & Girls Club was still needed in Edmonds. Based on the assessment a decision was made to remain in Edmonds and discussions started with Edmonds Center for the Arts (ECA) to build on their campus and to remain at Civic Field with a new building. The end result is a two phased project utilizing both locations with the younger ages at Civic Field in phase one and the teens at ECA in phase two. The tight footprint provided at Civic Field does not allow for a 25,000 square feet ground level building to accommodate all ages. As a non-profit organization there are limited financial resources and believe the appearance will both satisfy the community and maximize the space needed for the youth. The estimated cost for demolition, construction and furnishings is $6 million. The BGCSC has raised a total of $3.485M ($1.1M private contributions, $1.385M state capital budget, and $1M Snohomish County ARPA). BGCSC confident remaining funds will be raised by this Fall. Construction will begin after permits are issued and open for business in late 2024. Facility Design The existing building is an obsolete and outdated structure and does not fulfill the current needs of the club. The lower level does not allow for disabled access and the space layout is not conducive to programs that the club currently runs. The existing gym on the upper level of the building is too small to have spectators and has no elevator for accessibility. Improvements associated with layout and code required upgrades (seismic, life safety, ADA etc.) severely limit remodel potential. Options of renovating or expanding the existing building have been considered and it has been determined that it is more cost effective to demolish and rebuild than to save. Packet Pg. 90 2.4.b As noted above, the plan is to demolish the existing building and construct a new 16,000 square foot facility. The new building includes an 8,000 square foot gym and a two story 8,000 square foot activity area. The new Boys & Girls Club will be triple the size of the old club to accommodate more youth. The overall building design is intended to blend into and be part of the new improvements to the Civic Field with possible public use when not being used by youth. The design intent is to provide an architectural image that is fresh, updated and responds to the surrounding environment. The materials utilized will include wood, colored ground face concrete masonry and glass on all exterior surfaces. This building will meet LEED Silver standards making it environmentally conscious and have a minimal carbon footprint. The main entry for the building is planned to face south to enhance interaction with park users and the local community. There are large expanses of glass opening to both the park and the street that will provide natural light and also views from inside -out and outside -in. This openness promotes higher security for users as well as helping bring the outside to the interior. Community -oriented spaces have been placed on the ground floor and more specialized club uses are located on the upper floor within the southern portion of the new building. The gymnasium has been placed on the northern portion of the building and will receive natural light from the exterior on the north, east and west. It will also have windows at the upper floor interior that will spill filtered light across the space and into the gym. Along with this abundance of natural light, biophilic design features will be incorporated to help bring the exterior environment into the interior. Building Design Considerations As part of the design review process, the BGCSC will ask for relaxation of two zoning related items. Those items involve extension of the maximum height to 30' and removal of the 20' building setback at the street. Both of these limitations are related to the Public Use zoning designation. This site is bound on the north and south by RM 1.5 zoning which has a 15' street setback and 25' height limitation (30' with sloped roofs). There is also BD zoning both north and south of the site which has no building setbacks and a 30' height limitation. The height increase is necessary to allow for building structure and 23' of clearance on the interior of the gym. The official clear height for a volleyball court is 23' and 4'-5' will be required for the roof structure to span the entire gymnasium. Based on this, the BGC will be requesting that the maximum height be increased to 30'. The existing building is also approximately 33' high on average so this would provide for a building lower than the current club. A portion of the 12,000 SF building pad within the park that was allocated by the city is within the required 20' setback. The setback would eliminate approximately 2,000 SF of needed interior area. It is imperative that the BGCSC is allowed to utilize the entire building pad that was given to allow for needed square footage within the club. Since this building is commercially oriented and other adjacent business -related zones do not require this setback, the BGCSC feels this request is in keeping with the spirit of the municipal code. CITY STAFF NOTE: THIS REVIEW OF THE NEW FACILITY SCHEMATIC DESIGN DOES NOT REPLACE OR SUPERCEDE THE FORMAL DESIGN REVIEW AND BUILDING PERMIT PROCESS. Packet Pg. 91 2.4.c GROUND LEASE CITY OF EDMONDS AND BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY Packet Pg. 92 2.4.c TABLE OF CONTENTS LISTOF EXHIBITS..................................................................................................................... ii GROUNDLEASE......................................................................................................................... 1 SECTION 1. AGREEMENT TO LEASE PROPERTY.......................................................... 1 SECTION2. TERM..................................................................................................................... 2 SECTION3. RENT.................................................................................................................... 2 SECTION 4. BGCSC'S OTHER OBLIGATIONS .............................. ............................. 3 SECTION 5. CITY AUTHORITY AND OBLIGATIONS...................................................... 5 SECTION 6. INDEMNITY, INSURANCE................................................................................ 5 SECTION7. DEFAULT............................................................................................................. 8 SECTION 8. REPRESENTATIONS....................................................................................... 10 SECTION 9. GENERAL PROVISIONS................................................................................. 10 Packet Pg. 93 2.4.c LIST OF EXHIBITS EXHIBIT A: Property Description/Boys & Girls Club Footprint EXHIBIT B: Schematic of adopted Civic Park Master Plan EXHIBIT C: Civic Park Design Guidelines Packet Pg. 94 2.4.c GROUND LEASE CITY OF EDMONDS / BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY THIS GROUND LEASE (this "Lease"), effective the day of , 2023 ("Effective Date") is between the CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City"), and the BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY, a nonprofit corporation under the laws of the State of Washington (the "BGCSC"). WHEREAS, the City and the BOYS & GIRLS CLUBS OF SNOHOMISH COUNTY entered into a Lease dated October 29, 2015, the Term of which was scheduled to expire in 2021 unless extended by one or both of the two five-year extensions in that Lease (the "2015 Lease"). WHEREAS, the 2015 Lease encompasses the same real property as this Lease and the parties intend that this Lease supersede the 2015 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 Agreement to Lease and Description of Prapem. The City hereby leases to the BGCSC and the BGCSC leases from the City that certain real property described and shown on Exhibit A attached hereto located thereon or to be located thereon (the "Property"). The footprint for the ground lease consists of a 12,000-sf area on the Civic Park site, as shown in Exhibit B, Civic Park Master Plan. The BGCSC will own and have the option to propose a plan to accommodate a 20,000-sf new construction building onsite, with the addition of required infrastructure improvements, utilities, landscaping and any other enhancements located on the Property or to be located on the Property during the term of this Lease. This will need to be consistent with the adopted Civic Park Master Plan (see Exhibit B) and the Civic Park Design Guidelines (see Exhibit Q. As used in this Lease, the term "Improvements" shall mean all buildings, driveways, infrastructure improvements, utilities, landscaping and any other enhancements located on the Property or to be located on the Property during the term of this Lease and made to the Property by the BGCSC. 1.2 Use of the Property. 1.2.1 Allowed Uses of the Pro e by the BGCSC. Except as otherwise provided herein, the BGCSC shall use the Property for the purpose of operating a non-profit community resource center serving the needs of the local youth members of the community. 1.2.1.1 Notwithstanding the foregoing, the BGCSC may from time to time utilize portions of the Property for revenue -generating activities including, but not limited to, rentals and events; provided, that all revenues generated therefrom are utilized by the BGCSC exclusively for the purposes set forth in Section 1.2.1, above. CES\21798\0001 \01198017.v 1 Packet Pg. 95 2.4.c 1.2.2 Allowed Uses of the Property by the City. The City of Edmonds may be given access to the building so it may offer recreational and other programs to the public. A separate operating agreement will be created to determine City use and City funding. The City will be allowed use as mutually agreed upon with the Lessee. The City and the BGCSC agree to meet on a regular on -going basis to review the schedule and plan for uses for both parties other than what is outlined in this section. The City also will remain the responsible and controlling party for the grounds surrounding the building. The BGCSC acknowledges that the grounds surrounding the building are a public park and shall remain open to the public subject to the City's reasonable regulations related to uses, hours, etc. SECTION 2. TERM 2.1 Initial Term. The term of this Lease ("Lease Term") shall extend for a period of Forty (40) years commencing on January 1, 2023, and terminating on December 31, 2062, subject to the right of the BGCSC to extend the Lease Term as provided herein. 2.2 Extension Term. The Lease Term may be extended by the BGCSC for one additional period of fifteen (15) years. 2.2.1 Conditions of Extension. In order for the BGCSC to extend the Lease Term, it shall: (i) not be in material default at the time of providing notice of its Lease Extension and thereafter; (ii) it shall provide written notice of its Lease Extension at least one hundred eighty (180) days prior to the expiration of the Lease Term. 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, the BGCSC shall provide written notice of its intention to exercise the Extension Term. The City and the BGCSC shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to confirm the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 Rent. In consideration for the use of the Property as specified in this Lease, the BGCSC shall pay to the City a total payment of Ten Dollars ($10.00) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1 St of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the BGCSC's operation of the BGCSC upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation. Furthermore, because the BGCSC's mission is to enrich the social, physical, and intellectual wellbeing of youth, the City is able to lease the Property to the BGCSC for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. 2 CES\21798\0001\01198017.v1 Packet Pg. 96 2.4.c SECTION 4. BGCSC'S OTHER OBLIGATIONS 4.1 Construction of Improvements. 4.1.1 City Approval and Ownership. The BGCSC shall undertake no demolition, construction, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City to withhold or deny. Consent shall not be unreasonably denied. In applying its discretion, the City shall consider, among other factors deemed relevant by the City Council, the intended uses of the Property as described in Section 1.2 as well as the Property's functionality as a park. The City will allow the BGCSC to consider three (3) options: (1) improve existing facility; (2) add to existing facility; or (3) demolish existing facility and build new facility; however, the proposal must be consistent with the Civic Park Master Plan and Civic Park Design Guidelines and will be subject to City Council approval. The consent contemplated in this subsection 4.1.1 is separate and apart from the City's regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City's regulatory discretion is limited. Any deviation from approved plans must also be approved, in writing, by the City. Improvements constructed by the BGCSC during the term of this Lease shall be considered the 13GCSC's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by the BGCSC at its option. The BGCSC will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider in a reasonable time frame not to exceed 60 days, and may opt to hold one or more public hearings on the schematic design prior to taking action. The BGCSC agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its footprint on the Property, is approved by the City Council. The BGCSC will also bring forth the design development phase drawings of the facility to the City Council for approval. The BGCSC agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility's footprint on the Property, shall also be subject to City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Permits. Once approvals have been given by the City under 4.1.1, above, no Work may commence until the BGCSC obtains and delivers to the City copies of all necessary governmental permits. The BGCSC must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to the BGCSC's occupancy of the Property. 4.1.3 Construction Schedule. The consent to perform work in section 4.1.1 must be given within three (3) years of the signing of this Lease. Construction Work must be completed within three (3) years of the receipt of consent to perform the Work obtained under Section 4.1.1. If construction is begun within one (1) year of the receipt of consent and diligently performed CES\21798\0001 \01198017.v 1 Packet Pg. 97 2.4.c thereafter, the City will grant the BGCSC a one (1) year extension to complete construction, if needed, so long as the BGCSC notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of default under Section 7.1 unless any delay in construction occurred as a result of failure by the City to allow the BGCSC's construction to commence in a timely manner in which case, the BGCSC shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman -like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. All Work shall be done with reasonable dispatch. If requested by the City, within thirty (30) days after the completion of any Work, the BGCSC shall deliver to the City complete and fully detailed as -built drawings of the completed Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.1.4 The BGCSC shall be responsible for all repairs for any and all impacts or damages attributable to the actions of the BGCSC and its invitees to City improvements of Civic Center Playfield and city street right-of-way and agrees to return improvements to their original condition at the start of the BGCSC project, including demolition and construction as deemed acceptable by the City. The BGCCSC shall submit for City review and approval a site access plan detailing how equipment and materials will be moved in and out of the construction site and how excavation, grading and construction adjacent to park and street improvements will minimize impact and prevent damages. 4.2 Maintenance. At all times during the Lease Term and Extension Term, if any, the BGCSC shall reasonably keep and maintain the BGCSC Improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Lease (meaning every five years), the City and the BGCSC shall conduct a thorough inspection of the BGCSC Improvements on the Property and City shall inform the BGCSC of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any of the BGCSC Improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch. Prior to entering into the Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Improvements before the Extension Term of the Lease commences 4.3 No Liens. The BGCSC agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which the BGCSC wishes to protest, then the BGCSC shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to cover the cost of removing the lien from the Work. Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an event of default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to the BGCSC and the BGCSC shall immediately reimburse the City for any sums so paid to remove any such lien. The BGCSC shall not encumber the Property or any Improvements thereon without prior written approval of the City. The BGCSC shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the City prior to demolition of the 0 CES\21798\0001 \01198017.v 1 Packet Pg. 98 2.4.c existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 Utilities and Services. The BGCSC must make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. The BGCSC is solely responsible for verifying the existence, location, capacity and availability of all utilities it may need for the BGCSC's planned use of the Property. The BGCSC shall be solely responsible for the cost of extending any existing utility lines into the Property. The Property, as made available to the BGCSC by the City, shall include utility access for water, sewer, electrical power and telephone to the edge (back of curb) of the Property. The BGCSC shall be solely responsible for securing all permits and for meeting all requirements necessary to achieve all of the above. 4.5 Ste. Any signs erected by the BGCSC must comply with all local sign ordinances. The BGCSC shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s) unless the City elects to retain all or any portion(s) of the signage. Signage requirements may reasonably change during the term and, to maintain uniformity and continuity, the BGCSC will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. CITY AUTHORITY AND OBLIGATIONS 5.1 Delivery of Property. The BGCSC shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit the BGCSC to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quiet Enjoyment. Subject to the BGCSC performing all of the BGCSC's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, the BGCSC's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and, if approval is granted, this quiet enjoyment provision shall apply to the BGCSC's sub -lessees. 5.3 Condition of Property. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for the BGCSC's intended uses or the availability of accessible utilities or roadways needed for the BGCSC's intended purposes. The BGCSC has inspected the Property, conducted its own feasibility and due diligence analysis, and accepts the Property in "AS IS" condition, upon taking possession. SECTION 6. INDEMNITY, INSURANCE 6.1 General Indemnity. Upon the Commencement Date of this Lease, the BGCSC agrees to defend (using legal counsel reasonably acceptable to the City), indemnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, CES\21798\0001 \01198017.v 1 Packet Pg. 99 2.4.c and/or penalties (collectively "Costs"), which may be imposed upon or claimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with the BGCSC's use of the Property, or from the conduct of the BGCSC's business, or from any activity, work or thing done, permitted, or suffered by the BGCSC in or about the Property; this includes any act, omission or negligence of the BGCSC, its sub -lessees, or its event space renters; any use, occupation, management or control of the Property by the BGCSC; any condition created in, on or about the Property by the BGCSC, an agent, sub -lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property after the Effective Date; any breach, violation, or nonperformance of any of the BGCSC's obligations under this Lease by the BGCSC, its sub -lessees, or event space renters; any damage caused by the BGCSC, its sub -lessees, or event space renters on or to the Property. The BGCSC's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the BGCSC or its agents or invitees on the Property. As used herein, the indemnification provided by the BGCSC is intended to include indemnification for the actions of the BGCSC and its employees and other agents and all of the BGCSC's sub -lessees, event space renters and all of their respective employees and other agents. The BGCSC's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. The City covenants to protect, save and indemnify the BGCSC, its elected and appointed officials, volunteers, members and employees while acting within the scope of their duties as such, and hold the same harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof, brought by the City's employees or third parties on account of personal injuries, death or damage to property arising out of the City's obligations under this Lease or in any way resulting from the willful or negligent acts or omissions of the City and/or its agents, employees or respresentatives. 6.2 Insurance Requirements. The BGCSC shall procure and maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the BGCSC's operation and use of the leased Property. The BGCSC's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the BGCSC to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The amounts listed indicate only the minimum amounts of insurance coverage the City is willing to accept to help insure full performance of all terms and conditions of this Lease. All insurance required by the BGCSC under this Lease shall meet the following minimum requirements: 6.2.1 Certificates: Notice of Cancellation. On or before the Commencement Date, the BGCSC shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or cancellation of any insurance policy; provided, that the BGCSC shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and Extension Term, if 0 CES\21798\0001\01198017.v 1 Packet Pg. 100 2.4.c any. Insurance shall not be canceled without the City's consent. The City shall also be given copies of the BGCSC's policies of insurance, upon request. 6.2.2 Additional Insured. The City shall be named as an additional insured in each required policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by the BGCSC and shall not in any way be construed by the carrier to make the City liable for payment of any of the BGCSC's insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the BGCSC's insurance and shall not contribute with it. 6.2.4 Company Rating. All policies of insurance must be written by companies having an A.M. Best rating of not less than A: VII. The City may, upon thirty (30) days' written notice to the BGCSC, require the BGCSC to change any carrier whose rating drops below such rating. 6.3 Required Insurance. At all times during this Lease, the BGCSC shall provide and maintain the following types of coverage: 6.3.1 Commercial General Liabilitv Insurance. The BGCSC shall maintain an occurrence form commercial general liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of the BGCSC and the City, insuring the BGCSC and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or occasioned by reason of the operations of the BGCSC. Such coverage shall name the City as an additional insured using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. 6.3.2 Property Insurance. The BGCSC shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. 6.3.3 Builder's Risk. The BGCSC shall maintain, in full force and effect during construction of the BGCSC's facility described in this Lease, Builders Risk insurance covering interests of the BGCSC, the City, the Contractor, Subcontractors, and Sub -subcontractors in the Work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, 7 CES\21798\0001 \01198017.v 1 Packet Pg. 101 2.4.c vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the Work. 6.4 Waiver of Subrogation. The BGCSC and the City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Property or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and terms of insurance coverage. In the event the City determines that such limits and/or terms should be changed, the City will give the BGCSC a minimum of thirty (30) days' notice of such determination and the BGCSC shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for the BGCSC's facilities or similar activity centers. The BGCSC shall also provide the City with proof of such compliance by giving the City an updated certificate of insurance within thirty (30) days. 6.6 Failure to Maintain Insurance. Failure on the part of the BGCSC to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five (5) business days' notice to the BGCSC to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION 7. DEFAULT 7.1 BGCSC Default. 7.1.1 The occurrence of any one or more of the following shall constitute a material default and breach of this Lease by the BGCSC: 7.1.1.1 Vacatingthe a Property_. The vacation or abandonment of the Property by the BGCSC for more than thirty (30) days. 7.1.1.2 Failure to Pay Rent. The failure bythe BGCSC to make anypayment of rent or any other payment required to be made by the BGCSC under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the BGCSC. 7.1.1.3 Unpermitted Use. of the Property. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property CES\21798\0001\01198017.v1 Packet Pg. 102 2.4.c shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the BGCSC to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the BGCSC, specifically including, without limitation, the BGCSC's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the BGCSC; provided, that if the nature of the BGCSC's default is such that more than thirty (30) days are reasonably required for its cure, then the BGCSC shall not be deemed to be in default if the BGCSC shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. Notice shall specify the portion of the lease the BGCSC has failed to perform. 7.1.2 Remedies in Default. In the event of any default or breach by the BGCSC under this Lease, in addition to any other remedies at law or in equity, the City may: 7.1.2.1 Terminate the Lease. Terminate the BGCSC's right to possession of the Property by providing written notice of at least ninety (90) days; 7.1.2.2 Continue the Lease. Maintain the BGCSC's right to possession, in which case the Lease shall continue in effect whether or not the BGCSC shall have abandoned the leased Property. In such event, the City shall be entitled to enforce all landlord's rights and remedies under this Lease; and/or 7.1.2.3 Other remedies. Pursue any other remedy now or hereafter available to a landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the BGCSC any and all actual expenses, costs and damages caused in any manner by reason of the BGCSC's default or breach. 7.1.3 Legal Action. If either party commences legal action relating to this lease, its terms, conditions or enforcements thereof, the prevailing party shall be entitled to all reasonable costs and attorney's fees incurred in bringing such action. Venue for any such legal action shall lie exclusively in Snohomish County Superior court. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by the BGCSC to the City; provided, that if the nature of the City's obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the BGCSC seeks to be taken by the City to prevent the default. The BGCSC further agrees not to invoke any remedies until such thirty (30) days have elapsed. CES\21798\0001 \01198017.v 1 Packet Pg. 103 2.4.c SECTION 8. REPRESENTATIONS 8.1 Representations of the BGCSC. 8.1.1 The BGCSC is a duly organized and legally existing corporation under the laws of the State of Washington. 8.1.2 The BGCSC's execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of the BGCSC. This Lease constitutes the BGCSC's legal, valid and binding obligations, enforceable against the BGCSC in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor's rights and to equitable principles. Execution of the Lease does not conflict with any provision of the BGCSC's Articles of Incorporation, Bylaws or other corporate documents. 8.1.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the BGCSC, threatened in writing, nor is there any legal determination or injunction that calls into question the BGCSC's authority or right to enter into this Lease or perform the obligations specified in the Lease. 8.1.4 The BGCSC has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commission in connection with the BGCSC and the City entering into the Lease. 8.2 Representations of the City. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Lease. 8.2.2 The City's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question the City's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No Partnership. It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and the BGCSC. The City assumes no liability hereunder or otherwise for the operation of the business of the BGCSC. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by the BGCSC to the City. 10 CES\21798\0001 \01198017.v 1 Packet Pg. 104 2.4.c 9.2 Governing Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties. The City and the BGCSC are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the BGCSC intend to create benefits in favor of any third parties as a result of this Lease. 9.4 Notices. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. mail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: And to the BGCSC at: City of Edmonds 121 5th Avenue North Edmonds, Washington 98020 Attn: City Clerk Boys & Girls Clubs of Snohomish County 8223 Broadway — Ste 100 Everett, Washington 98203 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.5 Time of the Essence. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non -waiver. Waiver by the City or the BGCSC of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or the BGCSC's right to require strict performance of the same provision in the future or of any other provision. 9.7 Survival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier termination of this Lease, and any covenant or condition which by their 11 CES\21798\0001 \01198017. v 1 Packet Pg. 105 2.4.c terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial Invalidity. If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" shall mean any holiday observed by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 9.10 Headinp-s. The article and section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits Incorporated by Reference. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modification. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 Engagement of Brokers. The BGCSC and the City each represent to one another that if a broker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party harmless from any such claim. 9.14 Right of Parties and Successors in Interest. The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns of the parties hereto. The words "City" and "BGCSC" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Defined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's Powers. Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights and powers, including its powers of eminent domain. 12 CES\21798\0001 \01198017.v 1 Packet Pg. 106 2.4.c 9.18 Non -Binding Mediation. Should any dispute arise between the parties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including taxes) as required by this Lease, it is agreed that any such dispute will be submitted to a mediator prior to litigation. The parties agree to exercise good faith efforts to agree on a mediator and to resolve disputes covered by this section through the mediation process. The parties agree that the mediation will be conducted through Judicial Dispute Resolution (JDR) in Seattle. If the parties cannot agree on a mediator, one shall be appointed by JDR. The mediation fee shall be shared equally by the City and the BGCSC. Either party may commence the mediation process by contacting JDR and notifying the other party by mail. The mediation shall become binding upon the parties only upon the execution of a settlement agreement based on the mediator's recommendation. If a party refuses to participate in the mediation process, either by not paying the mediation fees or not appearing for mediation, the Superior Court may issue an appropriate enforcement order or sanction relating to this mediation provision in its discretion. 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2015 Lease. The parties hereby terminate the 2015 Lease in its entirety as of the effective date of this Lease. 9.20 Recordinig. A Memorandum of this Lease may be recorded after execution by the parties. 9.21 Entire Agreement. This Lease represents the entire agreement between the City and the BGCSC relating to the BGCSC's leasing of the Property. It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. IN WITNESS HEREOF, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: LESSOR: BOYS & GIRLS CLUBS CITY OF EDMONDS OF SNQ COUNTY r Bill Tsoukalas, Executive Director 13 CES\21798\0001 \01198017. v 1 Mike Nelson, Mayor APPROVED BY CITY COUNCIL ON: Packet Pg. 107 2.4.c ATTEST: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that Mike Nelson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: PRINTED NAME: NOTARY PUBLIC In and for the State of Washington. My commission expires: 14 CES\21798\0001 \01198017.V1 Packet Pg. 108 2.4.c STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I certify that I have evidence that Bill Tsoukalas is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it as the Executive Director of the Boys & Girls Clubs of Snohomish County, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED; �� ( d G SHE, ❑� Si gyp` PRINTED NAME: U° NOTARY �' NOTARY PUBLIC License No. 9W In and for the State of Washington. N' PL)BLIC Z My commission expires: 2-27-2024 Q 15 CE S\21798\0001 \01198017.V1 Packet Pg. 109 2.4.c u EXHIBIT "A" .y O u- 1 N f � 0 CO N c J I C EXISTING BOYS & GIRLS CLUB BUILDING W 0 Z W W\ i-'�f i i i i i i i i-i--- i i i i Q 0 103'-10" E Co �__ --- L . Q EDMONDS CIVIC CENTER PLAYFIELD BOYS & GIRLS CLUB SITE FOOTPRINT 0 5 10 20 40 NORTH WALKER MACY - FEBRUARY 2023 SCALE: 1 " = 20'-0" Packet Pg. 110 N{�• f l � .f on Packet P�. 111 EXHIBIT "C" 2.4.c WALKERI MACY LANDSCAPE ;RCH TECTURE M To: Carrie Hite, City of Edmonds Topic: Boys & Girls Club Design Date: 09/11/2018 Guidelines From: Walker Macy Project: Edmonds Civic Center Playfield Project #: P3282.04 SD -CA CIVIC CENTER PLAYFIELD DESIGN GUIDELINES Site Design — Sidewalk Zones and Streetscape Features Intent. To produce a streetscape that is safe, convenient, comfortable and appealing for people on foot. 1. Sidewalk materials and design shall meet and match the surrounding park and the design established in the Civic Center Playfield Master Plan. 2. Amenity Area: Signs, street furniture, lighting, landscaping, etc., shall be located in the amenity area. Requirements for this area are associated with the Civic Field Master Plan 3. Clear Walkway Area: Sidewalk area shall maintain a clear 5 foot dimension for pedestrian travel. Signs, street furniture, planters and other amenities shall not encroach upon the clear walkway area. 4. Storefront Area: Sidewalk area outside the pedestrian travel area may be used for outdoor dining and/or display. Site Design - Service and Storage Intent. To reduce the visual impacts of storage, trash, and service areas. 1. Storage of trash and recycling and other goods shall be included within the building envelope. This standard does not apply to temporary uses such as material storage during construction or street vendors. 2. Any mechanical equipment located on the ground, roof, or wall -mounted and visible from the street, common areas, the park, or a public vantage point shall be screened. 3. All on -site service areas, loading zones, outdoor storage areas and similar activities shall be located in an area not visible from public streets and consider adjacent public spaces. Consideration shall be given to developing common service courts at the interior of blocks. Service areas should accommodate loading, trash bins, recycling facilities, storage areas, utility cabinets, utility meters, transformers, etc. Service areas shall be located and designed for easy 1213 3P.0 AVE. 5L!T6 yo _ I S-ATT_E.'A'A. J6101 Packet Pg. 112 2.4.c Edmonds Civic Center Playfield Design Guidelines 9/11 /2018 Page 2 of 6 access by service vehicles and for convenient access by each tenant. Any emissions of noise, vapor, heat or fumes shall be mitigated. Site Design — Public Spaces Intent. To provide an enhanced pedestrian experience by linking public plazas, courtyards and other gathering spaces. 1. Outdoor gathering spaces should be oriented toward the south (for solar exposure) when possible to create a more comfortable space. 2. Buffer plantings should be a minimum of 12' and align with the Civic Center Playfield plan. 3. Setbacks from the ROW shall meet City Code. Building Design — Prominent Entrances Intent: To ensure that entrances are easily identifiable and accessible from streets and sidewalks. 1. Locate primary entrances so that they are visible from the public right of way. The entry shall be marked by architectural elements such as canopies, ornamental lighting fixtures and/or fixed seating that offer visual prominence. 2. The finished floor of the ground floor shall have the same grade as the street sidewalk and/or adjacent public space and match with the Civic Center Playfield plan. 3. Ground level detail shall reinforce the character and attractiveness of the streetscape, provide pedestrian friendly amenities. Facades shall be designed to be pedestrian friendly through the inclusion of at least four of the following elements: a. Kick plates for storefront windows b. Projecting window sills c. Pedestrian -scale signage d. Exterior lighting sconces e. Containers for seasonal plantings f. Window box planters g. Benches and seat walls along 30% of the length of the facade h. Cafe tables and chairs on the south side of the building. i. Match Civic Center Playfield paving system. j. Brick, tile or stone work on the ground floor facade k. A feature not on the list that meets the intent and is approved by Director. Building Design — Transparency Zone Intent: To provide a visual connection between activities inside and outside of buildings. Packet Pg. 113 2.4.c Edmonds Civic Center Playfield Design Guidelines 9/11/2018 Page 3 of 6 On all streets: buildings shall include windows with clear vision glass on at least 60% of the area between two and twelve feet above grade for all ground floor building facades that are visible from an adjacent street or public space. If windows are not appropriate, decorative art (such as noncommercial murals or relief sculpture), significant architectural detailing, or wall -covering landscaping may be used, as approved by the COE. Building Design — Treatment of Blank Walls Intent. To soften the visual impact of any wall that does not have windows Any blank wall shall incorporate at least five of the following features: 1. An architectural plinth (a stone or masonry base at least 36" high) 2. Belt course(s) of masonry 3. A Green Wall. For the purposes of this subsection, a "Green Wall" is defined as a vertical trellis or cable/wire net systems installed as part of the building envelope system where climbing plants or cascading groundcovers are trained to cover these specially designed supporting structures (also commonly referred to as biowalls, vertical gardens, modular living walls). A Green Wall should be located in association with a raised planter at least 2 feet high and 3 feet wide integrated into the building design. A Green Wall shall be planted with climbing vines or plant materials sufficient to obscure or screen at least 60% of the wall surface within 3 years 4. Recesses at least 4 feet wide and 2 feet deep 5. Overhanging roof 6. Decorative tile work 7. Accent lighting 8. Artwork that does not contain a commercial message 9. Landscape planting bed at least 5 feet wide, or raised planter bed at least 2 feet high and three feet wide, in front of the wall. Such planting areas shall include plant materials sufficient to obscure or screen at least 60% of the wall surface within 3 years. The applicant shall utilize plant materials that complement the natural character of the Pacific Northwest; are adaptable to the climatic, topographic, and hydrologic characteristics of the site; and should include native species. 10. Seating (benches or ledges) 11. A feature not on the list that meets the intent, as approved by the City of Edmonds. Building Design — Massing and Articulation Intent. To reduce the apparent bulk of buildings and maintain a pedestrian scale, achieved through consistent building details and proportions on all sides to ensure a `Your -sided" quality to a building and upper -story features that improve the relationship between the upper stories and the street. 1. Buildings 30 feet in height and taller shall distinguish a "base" at ground level using articulation and materials such as stone, masonry, or decorative concrete. Packet Pg. 114 2.4.c Edmonds Civic Center Playfield Design Guidelines 9/11/2018 Page 4 of 6 2. The "top" of the building shall emphasize a distinct profile or outline with elements such as a projecting parapet, cornice, upper level step back or pitched roofline. 3. The "middle" of the building should be distinguished by a change in materials or color, windows, balconies, step backs and signage. 4. The design of the building shall provide consistent architectural details; colors and materials shall be consistent on all building walls. 5. Upper stories of buildings should maintain an expression line along the fagade-- such as a change of material, projections, or setbacks —to reduce the perceived building mass. Upper floor windows should be divided into individual units and not consist of a "ribbon" of glass. 6. Buildings shall include articulation along all facades Facade details and elements should be integral to the overall building design and should not appear added on. The purpose is not to create a regular rigid solution but rather to break up the mass in creative ways to add visual interest and to reduce a building's apparent scale. To provide interest and variation appropriately scaled to the building and all facades shall incorporate all of the following methods: a. Distinctive roof forms. b. Integrally textured, colored or patterned materials, such as stone or other masonry. c. Windows articulated with mullions, recessed windows, punched windows, etc., as well as application of complementary articulation around doorways and balconies. d. Landscaping: 1. Preferred: A Green Wall. For the purposes of this subsection, a "Green Wall" is defined as a vertical trellis or cable /wire net system installed as part of the building envelope system where climbing plants or cascading groundcovers are trained to cover these specially designed supporting structures (also commonly referred to as biowalls, vertical gardens, modular living walls). A Green Wall should be located in association with a raised planter at least 2 feet high and 3 feet wide integrated into the building design. A Green Wall shall be planted with climbing vines or plant materials sufficient to obscure or screen at least 60% of the wall surface within 3 years. 2. Alternative if the applicant can demonstrate to the satisfaction of the City of Edmonds that a Green Wall is not appropriate, alternative landscaping, architectural, or site design feature(s) of equal or better means of satisfying the intent may be allowed. 3. Architectural methods of breaking down the fagade, such as changes of plane or vertical fins. 4. A facade design that provides an alternative method for creating visual interest at the pedestrian level, reducing the perceived building mass, and meets the intent, may be approved by the City of Edmonds. Packet Pg. 115 2.4.c Edmonds Civic Center Playfield Design Guidelines 9/11/2018 Page 5 of 6 Building Design — Roofline and Roof Mounted Equipment Intent: To ensure that roof forms provide distinctive profiles and interest and to screen rooftop mechanical and communications equipment from the ground level of nearby streets and residential areas. To insure that a buildings mechanical equipment and/or other utility hardware is well screened from public view to enhance the buildings appearance. 1. Mechanical equipment shall be screened by an extended parapet wall or other roof form that is integrated with the architecture of the building. 2. No roofline ridge should run unbroken for more than 80 feet. 3. Mechanical equipment and/or other utility hardware for a building located on the roof, ground or wall mounted on the building, shall be screen from public view with architectural and/or landscape materials, or they shall be located so as not to be visible from any street, common areas, or public vantage point. 4. Screening shall be compatible with the building architecture (materials, color, and scale) and the surrounding landscaping. 5. When using landscaping to screen equipment, plants shall be arranged with a minimum of 50% coverage at time of installation and be able to grow to fully screen or shield the equipment within 3 years. 6. Screening with landscaping shall utilize plant materials that complement the natural character of the Pacific Northwest; are adaptable to the climatic, topographic, and hydrologic characteristics of the site; and that include native plant species whenever possible. Building Design — General Intent: To require additional features to be incorporated into higher density residential development when located adjacent to properties zoned for lower density single-family use in order to enhance the compatibility between uses. Mechanical equipment shall be screened by an extended parapet wall or other roof form that is integrated with the architecture of the building. 1. Incorporate at least four of the following architectural features: a. Recessed Entry b. Dormers c. Higher Quality Materials d. Distinctive Roof Forms e. Upper Level Balconies f. Gables g. Window Patterns h. A feature not on the list that meets the intent and is approved by the City of Edmonds. i. Flat blank walls shall not be visible from the street or common areas, or public vantage point. 2. Exterior cladding shall utilize masonry, concrete, and metal materials and color palette as approved by City of Edmonds for the use within the park. 3. Utilize sunscreens and metal canopies at entries and all glazed openings on south and west facades to match the character and materials of the restroom structures within the park. Packet Pg. 116 2.4.c Edmonds Civic Center Playfield Design Guidelines 9/11 /2018 Page 6 of 6 4. Integrate wood feature elements to match materials used at park shade structure. *Design Standards for the BD Zones remain applicable. Packet Pg. 117 2.5 City Council Agenda Item Meeting Date: 06/13/2023 Volunteer Project for Interim Emergency Realignment of Shell Creek in Yost Park Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The degradation of Shell Creek is at a critical stage as the old lower concrete weir has created a blockage of built-up sediment and has diverted creek flows. In recent years, the diverted creek flow has caused the serious erosion at the adjacent bluff undercutting the roots of large trees and threatening the collapse of the hillside and trees. Downstream silting in the creek is covering salmon spawning beds. The Council provided funding in the City's 2023 budget specifically to determine a process to remove portions of the weir, realign the creek channel away from the eroding bluff, and reinforce the base of the eroding bluff to prevent hillside collapse. The risk of the bluff collapsing this winter during a heavy rainstorm necessitates emergency action this summer. The City Council is sensitive to the current heavy workload of Parks staff and are proposing a volunteer - led interim solution to the critical erosion issue for the benefit of the City, citizens and the environment. The process is noted in the attached workplan. An emergency permit (HPA) will be needed for submission to the Department of Fish and Wildlife (DFW). A representative from DFW recently visited the site and met with the Parks Director, members of City Council and citizens. He understands the urgency to resolve the erosion problem and will assist the volunteers with drafting the permitting process. Recommendation Approve the work plan. Narrative If the City and City Council provide the authorization, the volunteer group will proceed with the permitting process for the emergency interim creek realignment so work can commence during the dry summer season. Because of the workload of City staff, members of City Council will be of assistance in monitoring of the progress and assisting in the completion of the liability waivers by each volunteer and filed with the City. Since the work will occur in a critical area, authorization by the City's Planning and Development Services department will also be required. Volunteer work will occur this summer with plans to complete it by September 1st. It is anticipated the manual excavation process can be completed within several days by the volunteer crew. Like the ongoing effort to clear invasive weeds at the Edmonds Marsh, lead volunteers will coordinate all aspects including volunteer recruitment, having volunteers sign liability waivers and supervising work to ensure safety of volunteers. Attachments: Packet Pg. 118 2.5 EMERGENCY VOLUNTEER CREEK REALIGNMENT PROJECT clean Packet Pg. 119 2.5.a draft 1 VOLUNTEER PROJECT FOR INTERIM, EMERGENCY REALIGNMENT OF SHELL CREEK IN YOST PARK BACKGROUND: The Edmonds City Council determined there is an urgent need to remove an old concrete weir in Shell Creek that has created a blockage of built-up sediment and diverted creek flows in recent years into the adjacent bluff causing serious erosion, silting in the creek which is covering salmon spawning beds, undercutting the roots of large trees, and threatening collapse of the hillside and trees. The Council provided funding in the City's 2023 budget specifically to determine a process to remove portions of the weir, realign the creek channel away from the eroding bluff, and reinforce the base of the eroding bluff to prevent hillside collapse. The risk of the bluff collapsing this winter during a heavy rainstorm necessitates emergency action this summer. APPROACH: We are sensitive to the current heavy workload of Parks staff and are proposing a volunteer led interim solution to the critical erosion issue for the benefit of the City, citizens and the environment. Community volunteers would be organized to hand dig a 4 foot wide channel to a depth of approximately 12 inches extending approximately 50 feet from the cracked portion of the weir at mid - channel to a eastern point where the bend in the creek is at mid -channel (away from bluff). This would allow the stream flow to be temporarily redirected away from the base of the bluff until a permanent solution can be designed. The removed sediment would be deposited in the sump just off Main Street under the power lines if this is acceptable to the city. This work would not require any large mechanized equipment —small yard tractors/mowers that will easily fit within the current width of the trail would be used to pull carts with the removed sediment up to the dump site. PERMITTING: With City approval, the volunteer group will draft the emergency permit (HPA) for submission to the Department of Fish and Wildlife. A representative from DFW recently visited the site, met with the Parks Director, members of City Council and citizens. He understands the urgency to resolve the erosion problem and will assist the volunteers with the permitting process. CITY INVOLVEMENT: If the City and City Council provide the authorization, the volunteer group will proceed with the permitting process for the emergency interim creek realignment so work can commence during the dry summer season. Similar to the past and pending volunteer work in the Edmonds Marsh, a liability waiver will be signed by each volunteer and filed with the City, and City authorization for this volunteer effort will be sought. Since the work will occur in a critical area, authorization by the City's Planning and Development Services department will also be required. TIMEFRAME: Volunteer work would occur this summer with plans to complete it by September V. It is anticipated the manual excavation process can be completed within several days by the volunteer crew. VOLUNTEER RECRUITMENT, REGISTERING, SCHEDULING, REPORTING: Like the ongoing effort to clear invasive weeds at the Edmonds Marsh, lead volunteers will coordinate all aspects including volunteer recruitment, having volunteers sign liability waivers and supervising work to ensure safety of volunteers. Packet Pg. 120 2.6 City Council Agenda Item Meeting Date: 06/13/2023 Authorization of 2024 Vehicle and Equipment Replacements Staff Lead: Oscar Anti Ilon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Fleet Division purchases and sells all equipment through the City's Equipment Rental Fund. The Fund was created and established by ordinance to be used as a revolving fund for expenditures of salaries, benefits, and expenses created by the repair, replacement, purchase, and operation of the City's vehicle fleet. Staff Recommendation Approve the pre -authorization of the Fleet Division's order. In advance of the approved 2024 budget, this order is for the purchase of two assets scheduled for replacement in 2024. Narrative Annually, the Equipment Rental Fund provides budget for the purchase of vehicles and equipment scheduled for replacement. In 2022 and 2023, vehicle and equipment acquisitions have become increasingly difficult. Supply chain issues are resulting in significant manufacturing delays. These delays have increased lead times on vehicle and equipment orders beyond one year. Some of the vehicles that we ordered were not manufactured within the production year and have been cancelled by the manufacturer. Vehicle inventory shortages have created an extremely competitive and barren market. Manufacturers are limiting the number of vehicle orders they will accept in a calendar year. Short supply and high demand nationwide, coupled with inflation, has resulted in significant price increases year over year of up to 25%. Current market trends in the automotive industry do not show any signs of returning to normal within the following calendar year. The lead time on two of these assets scheduled for replacement is in excess of eighteen months. One of the vehicles due for replacement is the Sewer division's 2007 Jet truck unit #98. This specialty equipment is used to clear sewer backups, maintain clear flow throughout the city's 196 miles of sewer pipe, and ensure the capability to inspect and rate the condition of our sewer pipes with push cameras. This equipment is an essential asset to our Sewer division's daily operations. The purchase of this specialty equipment is available on the nationwide Sourcewell contract for $328,307. The other equipment piece due for replacement is to consolidate the function of two trailers. These items no longer satisfy the needs of the department and are past due for replacement. A 1996 Walton trailer #78 and 2007 Towmaster trailer #74 used to haul heavy equipment. The two older trailers have been authorized for surplus and received $10,500 in auction proceeds. The one new trailer is more Packet Pg. 121 2.6 suitable for safely transporting the recently acquired 2019 CAT Excavator # 103. The purchase of this trailer is available on the nationwide Sourcewell contract for the amount of $31,787. Both requests will be presented in the 2024 budget and are fully funded from 511.100.77.594.48.64.00. Attachments: CAT FT-24-2T, Deck Over Hydraulic Tilt 800 HPR ECO Truck Mounted High Pressure Sewer Cleaner Packet Pg. 122 NC MACHINERY M Purchaser's Order 2.6.a DATE May Quote No. 270238 CITY OF EDMONDS PUBLIC WORKS DEPT PURCHASER CUSTOMER PICK UP IN MONROE g STREET ADDRESS 7110 210TH ST SW g O CITYISTATE F.", C, wA COUNTY CNn14nMTC14 H L POSTAL CODE 4AR26 -7219 PHONE NO. 42S 771 0235 I D CUSTOMER CONTACT: EQUIPMENT Carl Rugg PRODUCTSUPPORT - P T ACCESS ROAD O INDUSTRY CODE: LOCAL GOVERNMENT (GV93) PRINCIPAL WORK CODE CONSTRUCTION & Q Mnrtr'i'rATD1 F.O.B. AM Monroe WA CUSTOMER 3593000 Sales Tax Exemption#(if applicable) CUSTOMER PO NUMBER NUMBER N/A PAYMENTTERMS: T (AN terms and Raymknts are subject to Finance Company - CAL approval E NET PAYMENT ON RECEIPT OF INVOICE Q✓ NET ON DELIVERY ❑ FINANCIAL SERVICES 0CSC [ LEASE LKE Assignment M CASH WITH ORDER $ 0 . 00 BALANCE TO FINANCE INTEREST RATE S PAYMENT PERIOD aA vr,tENT AMOUNT NUMBER OF PAYMENTS OPTIONAL BUY-OUT DESCRIPTION OF EQUIPMENT ORDERED I PURCHASED MAKE: CATERPILLAR MODEL: QUOTECATW YEAR: 2023 Stationary Deck Feet 4 Stripe Color White Add Tilt Deck Length (Includes Approx. 12" Approach Plate) Feet 25 Standard Toolbox, with Lockable Cover White Oak 2" Nom Standard Locking Tilt Valve Appx Deck Height 35" Loaded Standard 1/2" Safety Chains, Grade 70 Width 102" OD Standard Single Self Actuating Hydraulic Cushion Cylinder Tie Downs D-Rings, 1" ** Bent ** With Stationary Platform Standard 2 Steps,l on the Standard Hitch and 1 in front of Axles on Roadside Brakes Electric, FSA (Fwd Self Adj) On All Axles GVWR 31,300 lbs Axles 12K Oil Bath Suspension 9700 Hutch, 49" Spread Tires & Wheels ST235/80R 16 E, 8 Bolt [16 x 61 Hub Pilot Hitch Length Center of Coupler to Headboard, Appx Hitch Type 3" Adjustable Lunette Eye/Pintle, [Cl 66,000 lb Plate Mount (3/4" Bolt) Plug 7 Pole RV Lights LED Lights (Peterson), Sealed Wiring Harness (Sealco) Trailer Color Felling Black # CCA945378 (White Felling Decal) TRADE-IN EQUIPMENT SELL PRICE $29,056.00 MODEL: YEAR: -SM.: PAYOUT TO: AMOUNT: PAIDBY: NET BALANCE DUE $29,056.00 SALES TAX (9.4%) $2,731.26 MODEL: YEAR: SN.: PAYOUT TO: AMOUNT- PA{DBY: BALANCE $31,787.26 MODEL: YEAR: SN.: PAYQUTTO: AMOUNT- PAID BY: Sourcewell -Contract #121918-FTS MODEL: YEAR: SN.: PAYOUT TO: AMOUNT: PAID SY: ALL TRADES -INS ARE SUBJECT TO EQUIPMENT BEING IN "AS INSPECTED CONDITION" BY VENDOR AT TIME OF DELIVERY OF REPLACEMENT MACHINE PURCHASE ABOVE. , PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS IT TO BE FREE AND CLEAR OF ALL CLAIMS, LIENS, MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE. Q Allied WARRANTY INITIAL ❑ USED EQUIPMENT rNITIAL WARRANTY The customer acknowledges that he has received a copy of the IAGCO Warranty and has read and understood said warranty. All used equipment is sold as is where Is and no warranty is offered or implied except as Warranty applicable including experation dale where necessary: specified here: Manufactures Warranty To Apply Warranty applicable: CSA: NOTES: ORDER RECEIVED BY THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE REPRESENTATIVE PURCHASER APPROVED AND ACCEPTED ON CITY OF EDMONDS PUBLIC WORKS DEPT BY PRINT NAME AND TITLE SiGNATtI E Packet Pg. 123 2.6.a �,-=—ZZAAVa.ProductSheet 1525 Main Street South Felling Trailers, Inc. 2021 ISO 9001(ualilyftagemtSYsIem1Wl3ENC-CerftW8EITHETRNLERENPERTS- SINCE 1974 www•felling.com + 1-800-245-2809 Sauk Centre, MN 56378 FT-24-2 T Deck Over Hydraulic Tilt GVWR LBS: 31,300 GAWR LBS: 24,000 WEIGHT LBS: 7,300 CAPACITY LBS: 24,000 e Feature Name Standard Features Model FT-24-2 T Std. Qty UOM Stationary Deck Stationary Deck 1 Stationary Deck 4 Feet Type White Oak 2" Nom Deck Length Add Tilt Deck Length (IncludesApprox. 12"Approach Plate) 1 Std DeckType White Oak 2" Nom 25 Feet Appx Deck Height 35"Loaded 1 Std Width 102" OD 1 Inches Tie Downs I D-Rings, 1" ** Bent **- With Stationary Platform 29 Feet Brakes Electric, FSA (Fwd Self Adj) On All Axles 12 Each Axles 12K Oil Bath 1 Std Suspension p 9700 Hutch, 49"Spread 2 Std Tires & Wheels ST235/80R 16 E, 8 Bolt [16 x 6] Hub Pilot 1 Std Hitch Length Center of Coupler to Headboard, Appx 8 Each Hitch T e Yp 3" Adjustable Lunette Eye/Pintle, [C] 66,000 lb Plate Mount (3/4" Bolt] 5 Feet Jack 12K w/Spring Loaded Drop Leg, Side Wind 1 Std Plug 7 Pole RV 1 Std Lights g LED Lights (Peterson), Sealed Wiring Harness (Sealco) 1 Std Trailer Color Felling Black #CCA945378 (White Felling Decal) 1 Std Stripe Color White 1 Std Standard 2 Steps,1 on the Standard Hitch and 1 in front of Axles on Roadside 1 Std Standard 1/2 Safety Chains, Grade 70 2 Std Standard Document Holder 1 Std Standard Toolbox, with Lockable Cover 1 Std Standard Locking Tilt Valve 1 Std Standard Single Self Actuating Hydraulic Cushion Cylinder 1 Std GVWR 31,300 Ibs 1 Std 1 Std Page 1 Felling Trailers, Inc. 1/1/2021 Packet Pg. 124 2.6.b SW S Equipment, LLC. PO Box 13040 Spokane WA 99213 QUOTE All Correspondence remit to: P.O. Box 13040, Spokane, WA 99213 N 509-533-9000 1-800-892-7831 F 509-533-1050 z www.SWSeq Anmentcom Quote #: JCILQ6542 L Quote To: J City of Edmonds - Sewer Carl Rugg 7110 210th Street Southwest Edmonds WA 98026 (425)771-0235 Ship To: City of Edmonds - Sewer Carl Rugg 7110 210th Street SW Edmonds WA 98026 (425) 771-0235 Date: 04/16/23 Sales Re James Long FOB: Destination Shi Via: Best way Est. Shi Date: 6-7 Months A.R.0 Terms : See Below We are pleased to propose the following for your consideration FQ_­t_y1 Description — — — — — — -- -- — — L — Unit Price Ext. Price 1.0 Sourcewell Budget Quote City of Edmonds Sourcewell number 98132 Sewer Equipment Vendor number #101221-SCA 1.0 New 2024 Sewer Equipment 800 ECO HPR tier IV on Freightliner M2-106. $151,529.00 $151,529.00 800 HPR ECO Truck Mounted High Pressure Sewer Cleaner Rear Compartment Giant 65 GPM @ 2000 PSI w/30 Min Run Dry Capability Hydrostatic Drive Via. Trans power PTO Lighted Nema 4 Control Panel Tachometer / Hour Meter, Air Purge Valve , Recirculation System Painted Steel Shroud Enclosure, w/3 Roil -Up Doors & 80,000 BTU Compartment Heater Mid -ship water manifold system Consulidated Water Drain System Hose Reel & Hose: Telescoping & Rotating Safety Reel w/700' Capacity of 1" Hose Tank & Fill: 1500 Gallon DuraproleneTM (Black) Water Tank w/10 Year Warranty 2.5" Fill System Truck: Mounting to Approved Chassis Bumper / Hitch Receiver Aluminum Underbody Toolboxes (2) per side (1) Rear D.O.T. Approved LED Lighting Accessories: 10' Leader Hose BB Hose Guide Tri-Star (Chisel Point) Nozzle DD (High Flow) Nozzle Finned Nozzle Extension Nozzle Rack 25' Fill Hose Washdown Gun w/25' Ext. Hose City of Edmonds - Sewer JCILQ6542 Page 1 Packet Pg. 126 2.6.b Qt Descri Lion - -- - - - - - -- - - - Upstream Unit Price Ext. Price Pulley Guide Paper Operator / Owner Manual 1.0 Freightliner M20106 with Cummins 6.7 300 HP for 2000 Gallon 800 HPR tier 1V Jet truck Includes: $90,553.00 $90,553.00 1.0 Upgrade Water System To Giant 80 Gpm @ 2500 Psi Plunger Style Triplex Water Pump W130 Min Run Dry Capability $12,451.00 $12,451.00 1.0 Hydraulic Pressure Gauge 1.0 Washdown System W/50' Retractable Hose Reel $378.00 $378.00 1.0 Electric Overhead Canopy - 8' Extension $1,596.00 $1,596.00 1.0 Upgrade To 1000' Capacity Hose Reel In Lieu Of Standard Capacity $7,305.00 $7,305.00 p Y $3,157.00 $3,157.00 800.0 Sewer Hose (1" I.D. X 2500 Psi Operating Pressure) Per Ft. 1.0 Automatic Levelwind With Hydraulic Up/Down Action $5.38 $4,304.00 1.0 Digital 'Smart Counter' Footage Meter +_ 3% accuracy $8,059.00 $8,059.00 1.0 Fill Hose Storage Rack $3,560.00 $3,560.00 1.0 Engine/Water Pump Compartment Light $253.00 $253.00 2.0 Led Strobe Light (Factory Standard) $254.00 $254.00 2.0 Led Arrow Stick (Factory Standard) $631.00 $1,262.00 one for front side of truck other for back side of truck. There will be $1,283.00 $2,566.00 one controller for each LED Light stick. 1.0 Hand -Held Wireless 12V/110V Rechargeable Led Spotlight W/Storage Bracket $402.00 $402.00 1.0 12vdc Power Outlet 1.0 (4) Work Flood Light Package - (2) Rear Mounted Above Shroud $96.00 $96.00 Door, (1) Driver(4) Work Flood Light Package - (2) Rear Mounted Above Shroud Door, (1) Drivers Side Mounted $1,940.00 $1,940.00 Above Water Pump Door, (1) Passenger Side Mounted Above Water Manifold Door, Switch On Cab Box 1.0 (8) 4" X 1 Led Cfass 1 Surface Mounted Strobe Package - (2) Grill Mounted, (2) Drivers Side Shroud, (2) Passenger Side Shroud, $2,694.00 $2,694.00 Rear Of Shroud. (2) 1.0 Wireless Remote Pendant Control (With Hose Reel F-N-R Control, Throttle UplDown, Water On/OFF, And Kill Switch) Includes Manifold $8,686.00 $8,686.00 Hydraulics 1.0 Air Purge System (Powered Via Chassis) $1,642.00 $1,642.00 1.0 Lockable Long Handled Tool Storage (2) 4" Tubes $981.00 $981.00 1.0 Rear Back Up Camera W/7 Inch Color Monitor Mounted In Cab $1,335.00 1.0 Hitch - Reese Style (10,000 Lbs Maximum) W/Cab Mounted Brake $1,335.00 Controller And 7-Pin Rv Type Receptacle $882.00 $882.00 1.0 Six (6) 28" D.O.T. Safety Cones And Holder mounted on the rear bumper right side $1,405.00 $1,405.00 1.0 Grease Gun Kit: (Includes Gun & (2) Grease Tubes, Mounted On Hose Reel) $177.00 $177.00 1.0 Patriot II Root Cutter Kit (Ring & Adj. Roller Skids, 4" To 15" Saws) $3,201.00 $3,201.00 City of Edmonds - Sewer JCILQ6542 - - - - - - - - - Page 2 Packet Pg. 127 • - 2.6.b Qt Descri Lion 3.0 25' X 1" Leader Hose (In Lieu Of Standard Unit Price E _ Ext. Price 1.0 10') Enz Bull Dog ANTI -BLAST 600.080 $422.00 $1,266.00 in 1.0 Enz Roto Drill 36.100 for opening blockages $3,745.00 $3,745.00 1.0 Enz 360 Grenade 42 1 nnn 18 f $650.00 $650.00 °- debris to the manhole with 18 Jetsmoving rucks, sand and other $1,625.00 $1,625.00 1.0 Enz Standard Nozzle 30.100 great for climbing hills for general cleaning when you want to use less water and to climb $495.00 $495.00 hills 1.0 3% discount on Sewer Equipment body per Sourcewell Discount -$6,641.44-$6,641.44 1.0 1.0 1.0 Freight, PDI, Training, local delivery $16,500.00 $16,500.00 1.0 1.0 1.0 Terms: Balance is due upon delivery Warranty: As per manufactures standard written warranty Order Total $328,307.56 QUOTE VALID FOR 10 DAYS PRICING IS SUBJECT TO CHANGE BASED ON CURRENT MATERIALS AND AVAILABILITY APPLICABLE SALES TAX NOT INCLUDED UNLESS OTHERWISE NOTATED -AMOUNT BASED ON FINAL INVOICE DATE ANY IMPLIED WARRANTY AS PER MANUFACTURER'S STANDARD WRITTEN WARRANTY PAYMENT DUE UPON COMPLETION OF WORK OR AS SPECIFIED ABOVE Due to a high level of uncertainty with regards to pricing changes from our vendors and the freight industry, the price and freight charges on this document may be Signature: adjusted prior to shipping. Printed Name:_ _ -- _ — Date: City of Edmonds - Sewer JCILQ6542 — — — — Page 3 Packet Pg. 128 2.6.b NNEMORL "14 W, , lyl The Model 800-HPR from Sewer Equipment CO. of America has been the go W standard truckjet by which all others in the industry are measured.The on -going innovation and evolution of this truck has forced others to imitate lei r e s but never duplicate the features that make the Model 800 truly superior. The 800 truck jet series offers a number of different configurations based on the needs of each customer, with the most popular being the 800-HPR ECO. This configuration offers both triplex and single piston water pump options with a host of unique design features, making it the most productive, environmentally -friendly and safest truck -mounted jetter on the market. Additionally, we offer multitude of available options, making this truck a perfect fit for a wide range of customers and applications. Maximizing run time is the best way to improve the performance of your cleaning crew, and the 800 ECO is designed with this in mind. A single axle package with 1500 gallons of standard water capacity provides operators with an easy -to -maneuver footprint while maximizing cleaning footage between water refills. If more is better, our exclusive Duraprolene° water tanks allow capacities of 2000, 3000 and 4500 gallons. With water on board, our climate controlled environmental chamber with 80,000 BTU heater keeps the pump, rear hose reel and plumbing warm during cold weather applications. The unique construction of the Duraprolene® tank includes a fully -baffled interior, eliminating dangerous surges of water when stopping or turning with thousands of pounds of water on board. Additionally, the fully -extendable rotating hose reel allows operators to position themselves with minimal exposure to traffic and other potential hazards. For additional safety, operators can option their truck with our wireless remote pendant which provides the operator full control of jetting operations from up to I cr%n'r__. ........ The exclusive ECO operating system combines the simplicity and efficiency of a PTO hydrostatic pump drive with a power plant that operates at lower RPM than traditional designs. Trucks equipped with ECO options experience less engine wear and lower fuel consumption, saving operators time and money. One of the greatest dangers facing cleaning crews today is the intrusion of utilities into sewers; particularly natural gas lines. Th( addition of televising capabilities allow operators to positively identify such obstructions before using aggressive cleaning nozzles or root cutters. Many other options, such as a rear backul camera, various pump configurations, safety lighting packages, wash down system and toolboxes can be chosen to maximize operator safety and productivity. Model 800 Series /V The newest version of the 800 series is the Model 800 Series IV, offering the same all the same features as the 800-HPR ECO but with a host of new options to meet the growing needs of the market, which is an all-weather truckjet. The Series IV comes standard with a full closing rear door while the hose reel is extended, providing maximum heat retention inside:the environ- mental enclosure where vital water components are stored, A retractable canopy protects the operator from sun and inclement weather. The hot water heater delivers hot water to the wash down reel, lateral reel and jetting circuits for cold weather applications. Additionally, this series offers the ability for winter- time recirculation of the water system at highway speeds. The dual reel configuration touts two hose reels in one location with the secondary reel allowing for the addition of a televising jet pod or small line sewer hose, giving operators the ability to perform multiple applications using only one truck. The addition of multiple operator stations increases operator efficiency and safety, with one station located between the dual -,hose reels and a second at midship. While you may be able to find these feature: and options spread across offerings by various manufacturers, the 800 Series IV is the only truckjet that can deliver them all in a single truck. The 800 Series IV just raised the bar again. Packet Pg. 130 ROTATING HOSE REEL: This unique design allows for storage of the hose reel in the temperature controlled chamber when not in use. During operation, the rear roll -up door opens and the hose reel extends out and is now able to rotate a total of 190°. This allows maximum access to remote manholes, reduces operator fatigue, as well as minimizes operator exposure to "high traffic zones". OPERATOR CONTROL STATION: After simply parking the truck in neutral and engaging the parking brake, all jet functions are controlled from the operator control station via four switches moving from left to right: 1. Work Mode - ON 2. Water Valve - ON 3. Jet - High/Low 4. Throttle - Up/Down All controls are housed in a NEMA-4 box with'washdown rated switches and gauges. All wiring is color coded and each manual contains a wiring diagram specific to your truck's serial number. CLIMATE CONTROLLED ENVIRONMENTAL ENCLOSUI Our unique, heated enclosure allows safe operation in temperatures well below freezing without worries of damaged pumps or plumbing. With a fully -welded one piece steel or all aluminum construction available, your truck will still look great inside and outside after years c exposure to the elements. Regardless of your climate, t locking roll up doors offer unequaled security for your and the equipment you carry to your job site. ECO OPERATING PLATFC Operating lower RPM's th; competition, the 800 Serii truckjet consumes consic ably less fuel than traditic designs, adding to your b line each year. Perhaps rr Importantly, low RPM's ec to low noise emissions. Complaints from resident minimized, and operator recognize a higher level c safety when they can hea other and the traffic arou them. DURAPROLENE® WATER TANKS: Our exclusive Duraprolene® water tank design has a multitude of benefits. Unlike aluminum or steel, Duraprolene® is 100% immune to long term damage caused by water and deicers, such as magnesium chloride and common road salt. The square design holds more water per linear foot than round tanks, which is a major key to building a truck with a 1500 gallon standard water capacity that is under 23' in length. With driver safety in mind, each tank is fully baffled to eliminate water surge while turning and stopping. d ae `m C am n V L d 3 a� C0 L mh m d t 2 a� Y C O U L I— 0 V W W (L 2 0 0 0 C m E t U M Y Y Q `�' �� IN-) I W 1711 :4 k, L Packet Pg. 131 BEST PRODUCTS, BEST LOCAL SUPPORT STANDARD AXLE MAX MODEL LENGTH WIDTH HEIGHT WATER CAPACITY CONFIGURATIONS HOSE CAPACITY HOSE SIZE 800-HPR 26'6" 8'4" 11'1" 1500 gallon Single or Tandem Axle 1000' 112"-1" STANDARD AXLE MAX MODEL LENGTH WIDTH HEIGHT WATER CAPACITY CONFIGURATIONS HOSE CAPACITY HOSE SIZE 800-HPRTV 26'6" 13'4" 11' 1" 1500 gallon Single or Tandem Axle 1000' 112" 1" I I 1 C STANDARD AXLE MAX MODEL LENGTH WIDTH HEIGHT WATER CAPACITY CONFIGURATIONS HOSE CAPACITY HOSE SIZE 800-H 22'6" 8'4" 11'1" 1500 gallon Single or Tandem Axle 1000' 42"-1" l71 F-q r STANDARD AXLE MAX MODEL LENGTH WIDTH HEIGHT WATER CAPACITY CONFIGURATIONS HOSE CAPACITY HOSE SIZE 800-HF 28'8" 8'4" 11' 1" 1500 gallon Single orTanclem Axle 1000' 112"- 1" STANDARD STANDARD AXLE MAX MODEL LENGTH WIDTH HEIGHT WATER CAPACITY CONFIGURATIONS HOSE CAPACITY HOSE SIZE 800 Series IV 28' 1" 8'T 1 1' 1" 1500 gallon Single or Tandem Axle 1000' 112° 1" Triplex Plunger Water Pump w/ 5 I S I S I 5 I S I S Rear -Mounted Safety Hose Reel S S 7O0' x 1" Hose ca aci Front -Mounted Safety Hose Reel S O 700' x 1"Hose ca aci Rear -Mounted Fixed Hose Reel S O 700' x 1" Hose ca C!t Hydraulically Powered Rotating ❑ ❑ Hose Reel Automatic Level Wind with O O ❑ O O O H drautic U own Action Dig Ital Smart Counter ❑ O O O O O Footage Meter O O ❑ O O O (Mounted to Jet Hose Reel) Footage Meter O O O ❑ O (Mounted on Manual Level Wind) U rede to t000' Ca cit Hose Reel O O O O O S Sewer Hose 1"x25p0 si O O O ❑ O O Sewer Hose 1"x 3000 sl O O O O O O Sewer Hose 314" x 2500 s! O O ❑ O O ❑ fewer Hose 3/4" x 30n0nc; - _ _ Automatic Level Wind O O with H draulic U IDawn Action 5martCaunter{forDuaIReep O O O Centralized Control Panel for Dual Reel tan Safety Reel; Dual=1300'x;/2". S Stan Mai"OR900'x3/4" ❑ ❑ O Aux" OR 1000' x 5/8" x 1/2" High Capacity Main Reel: 1 000'x 1 " OR 1500'x 3/4" O D O Aux Reel: 1000' x 3/4" OR 1500' x 5/8" OR 1000' x 1 /2" TV System I Self-Levelin Color TV Camera S 4" Jet Pod Skid S Color Monitof S DVR with Removable SD Card S Additional Self -Leveling Camera Head ❑ Additional 4" Jet Pod for Camera ❑ Jet Pod Skids from 6"-18" Q Dual Telescoping Rotating Safety Reel: TV Configurations TV Reel Main Reel: 700' x 1" or 1000' x 3/4" ❑ S Aux Reel: 500' of Umbilical Hose TV Crew Reel Main Reel: 700'x 1 " or 1 000'x 3/4" ❑ O ❑ Aux Reel: Platform for Aftermarket Camera System S MODEL 800 SERF 1000 Gallon WaterTank O O O O ❑ 1500 Gallon Duraprolene• Water Tank S 5 S S S ; 2000Gallon Dura rglenee WaterTank O ❑ O D ❑ 2500Galion Dura rolenee WaterTank O O ❑ O O 3000 Galion Duraprolene° WaterTank ❑ O O O O C 10'x6" Low Profile ❑ O D ❑ O C 1500 Gallon WaterTank O D O O O C 2.5" FIlI System S S S S 5 S Fill Hose Storage Rack O ❑ O O O C Tank Access Ladder ❑ O O ❑ ❑ C Duraprolene• Water Tank Warranty S S S 5 S S for 10 years Rear Compartment Lighted MEMA 4 control panel 5 S S 5 S S Tachometer&Hour Meter 5 S S S Tachometer S 5 S S S S Hour Meter 5 S 5 S S S Air Purge Valve S 5 S S S S Recirculation System 5 S S S 5 S Painted Steel Shroud (3 Roll -Up Doors) S S Painted Steel Shroud (2 Roil -Up Doors] S S S S Drain Valves for Water Pump O O ❑ O O O Lateral Line Cleaning Kit w/ O O O O ❑ O Electrical Rewind Lateral Line Cleaning Kltwl Electrical Variable Rewind O O '"down System with Retractable O ❑ O O O ❑ Reel & SOft of Hose Upgrade tq Aluminum Shroud O O O ❑ O p 80,pOtl BTU Enclosure Heater 5 S S 5 S S 400,000 BTU Water Heater 800=0 BTU Water Heater O O Winterization 5 tern ❑ ❑ ❑ O Midship Water Manifold Pendant S 5 Master Pendant, O D O D O O Wireless Pendant O O O ❑ p O D.O.T. Approved LED Lighting S S S S S 5 Compartment Lighting O O ❑ O O O LED Flood Light O ❑ O O O O LED Rotatin Beacon O ❑ Q D Q ❑ LEA Strobe lI ht ❑ O O O O O LEDArrow Stick O O ❑ O O O !ED Arrow Board O O O O O O HandheldWireless Spotlight ,, O O D O ❑ ❑ Air Purge System O O O O ❑ ❑ H drostatic Front Crankshaft O ❑ O O O RearGau eCluster D ❑ O O S S 5 ra Bar (Front Frame Mounted) ❑ ❑ ❑ O O O fixed Overhead Cano O ❑ O O O Steel Sklrtln and Steel Toolboxes O O O O p ❑ Steel Skirtingand AluminumTnnlh­ ., .. _ _ - u Standard 5 G ❑ tfonal O Rear Back-U Cameras stem Reese St ie Hitch Combination Hea Du Ball Hitch A28" D.O.T. Saforu rn..� -A u-j, MIC01 IjU0 `' 1 Packet Pg. 133 Last Revised 6/2020 Contents are copyrighted by Sewer Equipment Company of America Products subject to change without notification. Actual products may not be an exact match to product as shown. 800323m 1604 www.sewerequipment.com 2.7 City Council Agenda Item Meeting Date: 06/13/2023 Clean Buildings Act - Frances Anderson Center Investment Grade Audit Staff Lead: Oscar Anti Ilon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Frances Anderson Center built in 1928 and renovated in 1947 and 1952, the building was used as a grade school until the city purchased the building. The building has been owned and operated by the city since the 1980's. Currently the building is home to the Parks, Recreation, and Human Services offices, as well as several community organizations, Main St. Kids Daycare, and Edmonds Montessori, annual festivals and recreational programming. In 2019 Washington State enacted the Clean Buildings Act which requires all buildings of a certain square footage to increase energy efficiency, measure and verify performance moving forward. In 2022 the Clean Building Act was updated to include buildings with 50,000 square feet and above. Verification is required prior to forced compliance in 2028. Non -compliant facilities will be fined monthly until verification of compliance is achieve. Staff Recommendation Forward to Council for presentation and acceptance - Proposal for Investment Grade Audit to identify and analyze performance -based contracting measures at Frances Anderson Center. Narrative The proposed Investment Grade Audit will be conducted to identify and propose HVAC updates to bring the Frances Anderson Center in to measured compliance with the Washington State Clean Buildings Act. The IGA will address the focus of the Clean Buildings Act which is to reduce pollution from burning of fossil fuels. Our proposal will deliver cost-effective Facility Improvement Measures, equipment recommendations, energy compliance strategy, projected energy/cost savings, maximum allowable project expense and other data for creation of a project. This project would raise building resilience to climate change, eliminate fossil fuel emissions, all while bringing the building into compliance with the mandated standards in the Clean Buildings Act. Attachments: City of Edmonds - FAC HVAC IGA Proposal_03-29-23 Packet Pg. 135 2.7.a try ife Of Your Building March 29, 2023 To: Thom Sullivan, Facilities Manager, City of Edmonds Cc: Novella Randall - Energy Engineer; Department of Enterprise Services From: Andrew Williamson - Municipal Business Manager; McKinstry Project: Frances Anderson Center (FAC) HVAC Upgrade Subject: Investment Grade Audit Proposal Dear Mr. Sullivan: The Frances Anderson Center is a pivotal recreation and cultural facility in the City of Edmonds. It also has a historical significance. The City is interested in upgrading the building's HVAC system to provide improved occupant comfort and experience. The City would like this upgrade to enhance the energy efficiency and operation of the City buildings through a performance -based contract with McKinstry. This proposal will provide the guidelines for which McKinstry will provide the following tasks: 1. Conduct an Investment Grade Audit of the HVAC system at the Frances Anderson Center (700 Main St, Edmonds, WA 98020) 2. Develop a comprehensive Energy Services Proposal for upgrading the HVAC System. INVESTMENT GRADE AUDIT (IGA): The audit will be a collaborative effort with City of Edmonds and the Washington State Department of Enterprise Services (DES). It will identify and analyze performance -based contracting measures along with their associated savings, costs, and potential for utility rebates and grants. The final deliverable of the IGA will be an Energy Services Proposal (ESP) for implementation of viable initiatives with associated energy cost savings. The following scope of work is included: ✓ Preliminary evaluation of the building's existing electrical infrastructure's available capacity. ✓ Identify and document existing HVAC system and its operation. ✓ Code review. ✓ Preliminary Load Analysis to establish new system's capacity and system alternatives. ✓ Preliminary system selection, zoning and sizing. ✓ Evaluation of Clean Building Performance Standard compliance for the proposed system. ✓ Preliminary Structural review to confirm installation of new system components. ✓ Review existing good faith surveys, identify and communicate any data gaps to the City ✓ Initiate discussion with local AHJ for clarifications etc as necessary. REQUESTED INFORMATION: For effective execution of this proposal we ask that the City of Edmonds provide access to the following: ✓ Good Faith Survey for the building in scope. ✓ Historical utility bills for the last 60 months. ✓ All mechanical, electrical, architectural, structural and building controls drawings. ✓ Access to Building Automation System (BAS). ✓ All operational and maintenance manuals, balancing records, & specifications. ✓ Operational records related to the cost of maintaining specific equipment. ✓ Information with regards to any on -going maintenance contracts. ✓ Access to individuals that have relevant information pertainingto the day-to-day operation of energy using systems on site. 5005 Third Avenue South * Seattle, WA * 98124-0567 * 206.762.3311 * Fax 206.762.2624 Packet Pg. 136 2.7.a try ife Of Your Building Page 2 TIMELINEAND MILESTONES: McKinstry will initiate this scope of work immediately upon acceptance of this proposal and establishment of a professional services agreement based on McKinstry's existing master agreement with the Department of Enterprise Services (DES). Formal progress review meetings will be conducted regularly throughout the study phase. During these review meetings, McKinstry will recommend measures based on the analysis, while the City of Edmonds and DES will provide final direction regarding recommended measures. The goal of these review meetings is to focus engineering efforts, budgeting, and savings assessment on those solutions that possess a high probability for implementation. McKinstry will target completion of the IGA within 105 calendar days of a notice to proceed. CRITERIA FOR IMPLEMENTATION: It is the City of Edmonds's intent that McKinstry will implement all approved projects that meet the following criteria. ✓ Facility Improvement Measures shall be life cycle cost effective as an aggregate using the Office of Financial Management (OFM) life cycle cost model tool. ✓ Not more than 90% of the energy cost savings may be used to help repay a loan, if applicable. ✓ McKinstry will work with the clients' utilities and other entities to secure conservation grant funding or low interest loans for applicable measures. ✓ Client may list favorable subs and equipment Investment Grade Audit Fee: The City of Edmonds will reimburse McKinstry for a lump sum of $92,500 for this scope of work. All fees assessed under this proposal will be included in the final project implementation costs. In the event that McKinstry is unable to recommend projects that meet the criteria above, the City of Edmonds has no financial obligation to McKinstry. However, if the recommendations meet or exceed the Criteria for Implementation and the City of Edmonds chooses not to enter into an agreement with McKinstry to install the projects, the City of Edmonds will reimburse McKinstry for the Investment Grade Audit fee. All associated information, including deliverables, will become the property of the City of Edmonds upon final receipt of payment. Deliverables are listed in attachment (A). We look forward to working with the City of Edmonds and DES on a successful project. Please call should you have any questions. Shelby Sawyers, McKinstry Energy Services Account Executive 206.658.4389 5005 Third Avenue South * Seattle, WA * 98124-0567 * 206.762.3311 * Fax 206.762.2624 Packet Pg. 137 2.7.a try ife Of Your Building Attachment A Investment Grade Audit Deliverables The Investment Grade Audit for the City of Edmonds Frances Anderson Center will include the following elements: Page 3 1. A description of the systems which shall receive new Equipment and Services; 2. The cost-effective Facility Improvement Measures (FIMs) to be installed or caused to be installed by McKinstry and a description of the FIMs analyzed but disqualified under the cost effectiveness criteria; 3. A description of the services that McKinstry will perform or cause to be performed on or in the infrastructure, including but not limited to engineering, construction management, the operations and maintenance procedures for use on Equipment, training for personnel, warranty service provided, and equipment maintenance provided; 4. The Maximum Allowable Project Cost, itemized in detail, which may be amended to represent actual costs; 5. Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions; 6. The service standards appropriate for the infrastructure; 7. The baseline energy consumption, including the data, methodology and variables used to compute the baseline, and the baseline calendar period which shall not be less than twelve (12) months; 8. The estimated energy savings and energy cost savings that are expected to result from the installation of the Equipment and from the Services, and an explanation of the method used to make the estimate; 9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement; 10. A description of how project financing (if allowed by the client) will be completed; 11. A description of how the Energy Savings will be guaranteed by McKinstry; 12. A description of how McKinstry proposes to be compensated; 13. The term of the Energy Services Authorization; 14. The Termination Value for each year during the term of the Energy Services Authorization; 15. The schedule for project completion; 16. The nature and extent of the Work and equipment that ESCO anticipates it will receive from other firms under subcontract. 5005 Third Avenue South * Seattle, WA * 98124-0567 * 206.762.3311 * Fax 206.762.2624 Packet Pg. 138 2.8 City Council Agenda Item Meeting Date: 06/13/2023 Job Order Contraction - Fire Station #17 Apparatus Bay Ceiling Replacement Staff Lead: Oscar Anti Ilon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Fire Station 17 is a 9,800 square foot building. Built in 1999/2000, it houses South County Fire and Rescue crews and their emergency response vehicles. This project was budget for in 2023 Decision Package 61, using bond proceeds in the amount of $102,896.26. Staff Recommendation Staff recommends City Council authorize the Mayor's Signature of JOC contract JC23-06S with Saybr Contractors Inc., and forward to consent agenda on 6/20/2023. Narrative Fire Station #17 is now 23 years old. It has not been significantly renovated within the interior apparatus bay during this period. Vinyl coated insulation at the ceiling is failing and poses a falling hazard and a potential for bird or insect intrusion. This project will cover the insulation and layer of 1 hour rated gypsum with code compliant fire protective tape and fire barrier caulk where required. Attachments: Fire Station #17, App Bay Packet Pg. 139 2.8.a City of Edmonds Job Order Authorization 121 5th Ave N Edmonds, Washington 98020 Job Order Contract Date: 04/27/2023 Job Order #: JC23-06S Project Department/Division: Information Job Order Title: Fire Station 17 App. Bay Location Name: Fire Station 17 Brief Scope of Work: Contract Contract: JOC-COE-Saybr-001 Information Contractor: Saybr Contractors, Inc. 3852 South 66th St Tacoma, WA 98409 Project Costs Construction $88,851.73 Construction Sales Tax 10.6% $9,418.28 Gordian Licensing 1.95% $1,732.61 Sales Tax on License Fee 10.6% $183.66 Gordian Fee 3.05% $2,709.98 Total: $102,896.26 Schedule Project Duration: Start Date (Planned): Completion Date (Planned): Sign below to approve this Job Order Edmonds Signatory [Under $50K, Director Signs], [$50K - $100K, Mayor Signs], Date [Over $100K, City Council Approval] Job Order Authorization 1 of 1 Packet Pg. 140 City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Final Scope of Work To: John Pallotta Saybr Contractors, Inc. 3852 South 66th St Tacoma, WA 98409 (253) 531-2144 jpallotta@saybr.com Contract No: JOC-COE-Saybr-001 Job Order No: JC23-06S Job Order Title: Fire Station 17 App. Bay Location: Fire Station 17 275 6th Ave. N. Edmonds, WA 98020 Brief Scope of Work: From: 2.8.a _r I Date: 4/27/2023 Job Order Contracting The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. Date: 3/24/2023 SCOPE OF WORK Contract Name and No.: City of Edmonds Job Order Contracting Contract # JC22 Project Name: COE Fire Station 17 Apparatus Bay Drywall Bid No.: TBD Work Location: South County Fire Station 17 275 6th Ave N Edmonds, WA 98020 Saybr PM: John Pallotta, jpallotta@saybr.com, (253)961-0490 a Final Scope of Work Page 1 of 5 Packet Pg. 141 2.8.a Work Hours: Day shift Monday through Friday, Estimated Duration: TBD Days following NTP Long Lead Items: None Anticipated Procurement: N/A Project Summary: Stabilize failing Vapor Barrier and Install Type X drywall, tape, mud and Primer. GENERAL INFORMATION: 1. This Scope of Work is based on the information provided by the City of Edmonds representative Thom Sullivan. at the Joint Scoping Meeting held on March 24th, 2023. 2. Performance of all work will be in accordance with all OSHA and Washington DOSH requirements. 3. Daily job site cleanup is required before the work crew leaves the site each day and final clean-up is required prior to final inspection and acceptance. 4. Contractors will be res onsible for their own waste dis osal. 5. Project requires Federal Prevailing Wages to be paid and submission of weekly certified payrolls. 6. Outages to be coordinated 72 hours prior to shutdown with Facility Maintenance Manager. TECHNICAL SCOPE OF WORK: 1. General Construction All work performance shall be completed in accordance with and all local, city, and state AHJ requirements and regulations. Provide all labor, materials, and equipment to complete the following work package to the extent necessary to complete the intended scope of work including all parts, pieces, and components: General Requirements i. Phasing a. Project to be completed in two phases: b. Each phase work will be completed on half of the ceiling with a laydown area taking up no more than one parking bay at a time. c. On completion of first phase laydown area will be relocated to the far side of garage allow parking and full use of the other side. ii. Subcontractor acknowledges Fire Station 17 will be in continuous use and make best efforts not to impede its normal operation. 1. Site Protection: By Performing Subcontractor Final Scope of Work Page 2 of 5 Packet Pg. 142 .2.8.a i. Cover floor under work area with concrete floor protect as necessary. a. Document existing condition of floor. ii. Install plastic sheeting to collect debris and prevent falling debris from collecting outside limits of work for each phase. 1. Electrical: By Performing Subcontractor 1 i. Carefully remove all electrical devices to the extent necessary and provide any/all additional extension rings/components to the existing devices boxes/housings. ii. At completion of drywall/finishes, reinstall all electrical devices. 1. Air hoses and components, By Performing Subcontractor i. Carefully remove all air hose related devices to the extent necessary and provide any/all additional extension rings/components to the existing devices boxes/housings. H. At completion of drywall/finishes, reinstall all air hose related devices. 1. Demolition: By Performing Subcontractor i. Remove and dispose of unused hardware and brackets mounted to ceiling joists. H. Dis assemble hangers and hardware only if necessary to install drywall and reassemble at completion of drywall installations. iii. Cleanup and properly dispose of all demolition related debris off site. 1. Drywall: By Performing Subcontractor i. Install 1/z" or 5/8" type X drywall. H. Install additional bat strips at every second Tjl. a. Cut drywall as necessary to fit around hangers and brackets that are not easily removed. b. Install drywall up to beam and tape where they intersect. c. Tape and finish as required by fire code. Fire coat finish. 1. Paint: By Performing Subcontractor i. Primer only- paint not included. Final Scope of Work Page 3 of 5 Packet Pg. 143 2.8.a a. Apply two coats, white. b. Prepare to prevent overspray or misting other side of garage. ASSUMPTIONS: 1. This proposal excludes hazardous materials removal. Owner to provide Good Faith Hazardous Materials Report. 2. The leaks are present at the existing roof components, including all electrical, mechanical penetrations. 3. The existing building requires no additional structural, electrical, mechanical, fire alarm or fire sprinkler upgrades to execute all work associated with this work order, including all walls, ceilings and floors. All existing structural, electrical, mechanical, fire sprinkler, and fire alarm configurations and components meet all current local, city, and state AHJ codes and requirements. EXCLUSIONS: 1. Insulation removal or replacement. Subcontractor to make best efforts to leave existing insulation undisturbed and in -place. 2. Paint other than noted above. 3. Roof repairs. 4. Modifying, relocating or repair of MEP mounted to ceiling joists for installation of drywall. PERMITS: By City of Edmonds if necessary. SUBMITTALS: 1. Construction Schedule 2. Site Specific Safety Plan 3. Product Data Sheets: i. Drywall ii. Primer 4. O&M Manual 5. Saybr Warranty Letter This Job Order is governed by the Terms and Conditions of Contract indicated above. Final Scope of Work Page 4 of 5 Packet Pg. 144 2.8.a City Project Manager John Pallotta, Contractor Program Manager Date Date Final Scope of Work Page 5 of 5 Packet Pg. 145 2.8.a -Y r Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:33:22 PM EST City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Date: April 27, 2023 JOC Name (Contractor): Saybr Contractors, Inc. Contract Name: JOC-COE-Saybr-001 Contract Number: JOC-COE-Saybr-001 Job Order Number: JC23-06S Job Order Title: Fire Station 17 App. Bay Location: Fire Station 17 Cost Proposal Date: April 27, 2023 Proposal Value: $88,851.73 Division Division Totals 01 General Requirements $23,551.53 06 Wood, Plastics, and Composites $2,234.48 08 Openings $30,697.73 09 Finishes $24,174.24 11 Equipment $2,110.83 26 Electrical $6,082.92 Proposal Total: $88,851.73 The Percentage of Non Pre -Priced on this Proposal: 0.0% By signing the Contractor acknowledges that this Job Order is issued under the provisions of the Contract established in response to Contract #JOC-COE-Saybr-001 by City of Edmonds. The services authorized are within the scope of services set forth in the Contract. All rights and obligations of the parties shall be subject to and governed by the terms and conditions, amendment(s) (if applicable), and the signed contract including any subsequent modifications, are hereby incorporated by reference as if fully set forth herein. John Pallotta, Contractor Program Manager Date City Project Manager Date Washington State Sales Tax (10.6 ): Total Price of Construction Including WSST: Price Proposal Detail Package Report $9,418.28 $98,270.01 Page 1 of 5 Print Date: 04/27/2023 12:33:32 PM EST Packet Pg. 146 2.8.a f Price Proposal Detail Package Report _ Version: 2.0 Approved 04/27/2023 12:33:22 PM EST >» City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Date: JOC Name (Contractor): Contract Name: Contract Number: Job Order Number Job Order Title Location: Cost Proposal Date: Proposal Value: April 27, 2023 Saybr Contractors, Inc. JOC-COE-Saybr-001 JOC-COE-Saybr-001 JC23-06S Fire Station 17 App. Bay Fire Station 17 April 27, 2023 $88,851.73 Record # CSI Number MOD UOM Description Unit Price Factor Total 01 - General Requirements $23,551.53 1 012220000006 HR Carpenter Accepted Quantity x Unit Price x Factor = LineTotal Installation HR 16 00 x $79.61 x 1.3250 - $1,687.73 $1,687.73 User Note: lea carpenter at each phase for FSK stabilization prior to install of drywall. 2 012220000010 Accepted HR Electrician Quantity x Unit Price x Factor - LineTotal Installation HR 20.00 x $87.42 x 1.3250 - $2.316.63 User Note: 1 craft worker, 2ea phase requires 1 es trip for removal of devices and 1 ea trip for reinstallation assumes 5 hour per trip. 3 012223000060 Accepted MO 25' Electric, Scissor Platform Lift Quantity x Unit Price x Factor - LineTotal Installation MO 150 x $1,029.35 x 1.3250 = $2.045.83 $2,045.83 User Note: 5 weeks for drywall and finishes, 1 week for mechanical and electrical. 4 015616000066 Accepted SF 6 Mil, Plastic Sheeting On One Side, Temporary Wood Stud Wall, 16" On Center Quantity x Unit Price x Factor = LineTotal Installation SF 2,900.00 x $2.71 x 1.3250 - $10,41318 User Note: Building length at 58ft, height to roof approx. 25ft = quantity of 1450SF. quantity ' 2 for set up and breakdown at 2ea phase. Price Proposal Detail Package Report Page 2 of 5 Print Date: 04/27/2023 12:33:32 PM EST Packet Pg. 147 2.8.a ti 'I �l Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:33:22 PM EST City of Edmonds 121 5th Ave N Edmonds, Washington 98020 5 015616000074 SF Masonite For Temporary Floor Protection Accepted Quantity x Unit Price x Factor = LineTotal Installation SF 3,016.00 x $1.47 x 1.3250 = $5,874.41 $5,874.41 User Note: Protection at floor for use of manlift. 6 017113000003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor Trailer With Up To 53' Bed Accepted Quantity x Unit Price x Factor = LineTotal Installation EA 1.00 x $916.04 x 1.3250 - $1.213.75 $1.213.75 User Note: r 0) E a) M d LY C V ti 06 -Wood, Plastics, and Composites $2,234.48 c 0 7 061116000178 LF 1" x 4" Pine/Spruce/Fir Light Framing, Trim And Furring Accepted Quantity x Unit Price x Factor = LineTotal r N d L Installation LF 680.00 x $2.48 x 13250 = $2,234.48 IL $2,234.48 UO User Note: Furring strip at to match existing at every 2nd TJI. 08 - Openings $30,697.73 f° m 8 083613000174 EA Vertical Lift Track For Sectional Overhead Doors >16' To 20' High Door Q Q Accepted Quantity x Unit Price x Factor = LineTotal Installation EA 58.00 x $399.45 x 1.3250 - $30,697.73 r C $30,697.73 r R User Note: Line item utilized for removal of bracketing and rails for overhead doors during the work .r to performance. 24 each bracket remove and reinstall + 5 each overhead door operator remove and reinstall. ii 09 - Finishes $24,174.24 a� 9 092910000009 SF 5/8" Type X Fire Rated Gypsum Board t Accepted Quantity x Unit Price x Factor = LineTotal r Q Installation SF 4,056 00 x $1.64 x 1.3250 = $8,813.69 $8,813.69 User Note: 39LF' 52LF at each side of center beam, total quantity = 4026SF Price Proposal Detail Package Report Page 3 of 5 Print Date: 04/27/2023 12:33:32 PM EST Packet Pg. 148 2.8.a 1` Price Proposal Detail Package Report _ Version: 2.0 Approved 04/27/2023 12:33:22 PM EST City of Edmonds 121 5th Ave N Edmonds, Washington 98020 10 092910000009 0057 SF For Horizontal Installation Up To 10' High, Add Accepted Quantity x Unit Price x Factor = LineTotal Installation SF 4,056.00 x $0.36 x 1.3250 - $1,934.71 $1,934.71 User Note: Modifier utilized as the increased difficulty for working above the existing fire suppression piping's and bracketing. 11 092910000009 0059 SF For Walls >10' High, Add Accepted Quantity x Unit Price x Factor = LineTotal Installation SF 4,056.00 x $0.08 x 1.3250 - $429.94 $429.94 User Note: 12 092910000009 0062 SF For>1,536, Deduct Accepted Quantity x Unit Price x Factor LineTotal Installation SF 4,056.00 x -$0.14 x 1.3250 = -$752.39 -$752.39 User Note: 13 092910000042 SF >10' High, Ceilings, Tape, Spackle And Finish Gypsum Board Accepted Quantity x Unit Price x Factor = LineTotal Installation SF 4,056.00 x $1.10 x 1.3250 = $5,911.62 $5,911.62 User Note: No Modifier chosen as the level of increased difficulty to tape and finish around existing fire suppression piping's and bracketing. 14 099123000161 SF 1 Coat Primer, Brush/Roller Work, Paint Interior Drywall/Plaster Ceiling Accepted Quantity x Unit Price x Factor = LineTotal Installation SF 8,102.00 x $0.64 x 1.3250 - $6,870.50 $6,870.50 User Note: 15 099123000161 0281 SF For Work >20' To 30' Above Floor, Add Accepted Quantity x Unit Price x Factor = LineTotal Installation SF 8,102.00 x $0.12 x 1.3250 - $1,288.22 $1,288.22 User Note: 16 099123000161 0287 SF For >2,500 To 5,000, Deduct Price Proposal Detail Package Report Page 4 of 5 Print Date: 04/27/2023 12:33:32 PM EST Packet Pg. 149 2.8.a r Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:33:22 PM EST �»� tg• City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Accepted Quantity x Unit Price x Factor LineTotal Installation SF 8,102.00 x -$0.03 x 1.3250 --$322.05 -$322 05 User Note: 11 - Equipment $2,110.83 17 111119000004 EA 3/8" x 50' Hose, Air Or Water Reel (Alemite 8078-F) Accepted Quantity x Unit Price x Factor = LineTotal Installation EA 4.00 x $284.48 x 1.3250 = $1,507.74 Demo EA 4.000000 x $113.79 x 1.3250 = $603.09 User Note: 26 - Electrical $6,082.92 18 265116000296 EA 8 T5HO Lamps, 4' Length, Fluorescent High Bay Fixture (Lithonia IBZ) Accepted Quantity x Unit Price x Factor = LineTotal Installation EA 16 00 x $172.38 x 1.3250 = $3,654.46 Demo EA 16.000000 x $114.55 x 1.3250 = $2,428.46 $6,082.92 User Note: Removal. protect and reinstall. tea phase. Proposal Total: $88,851.73 The Percentage of Non Pre -Priced on this Proposal: 0.0% This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals. Price Proposal Detail Package Report Page 5 of 5 Print Date: 04/27/2023 12:33:32 PM EST Q Packet Pg. 150 2.8.a V 0 i m Q Q Q ti r C O r R U) N L U- r_ w E m u Cu Q Packet Pg. 151 2.9 City Council Agenda Item Meeting Date: 06/13/2023 Job Order Contracting - City Park Building Asphalt Overlay Staff Lead: Oscar Anti Ilon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The City Park maintenance building was built in 1967 and has been under maintained for years. The parking lot, which is a combination of several aging asphalt overlays, has several severe potholes and numerous trip hazards that require replacement of entire paved area. Staff Recommendation Staff recommends City Council authorize the Mayor's Signature of Job Order Contract JC23-08S in the amount of $177,139.34 with Sayber Contractors and forward to consent agenda on 6/20/2023. Narrative Due to unsafe working conditions and damaged hard surface areas, we are proposing to overlay the entire previously asphalted parking and service yard at City Park Maintenance Facility. The contractor will overlay prepared and graded areas for overlay of 4" asphalt, in only previously paved areas, to ensure safe working conditions and compliance with existing accessible ramps. Attachments: JOC-City Park Building Asphalt Overlay Packet Pg. 152 2.9.a City of Edmonds Job Order Authorization 121 5th Ave N Edmonds, Washington 98020 Job Order Contract Date: 04/27/2023 Job Order #: JC23-08S Project Department/Division: Information Job Order Title: City Park Building Asphalt Overlay and Re -Stripe Location Name: 600 3rd Ave S Brief Scope of Work: Contract Contract: JOC-COE-Saybr-001 Information Contractor: Saybr Contractors, Inc. 3852 South 66th St Tacoma, WA 98409 Project Costs Construction $152,961.22 Construction Sales Tax 10.6% $16,213.89 Gordian Licensing 1.95% $2,982.74 Sales Tax on License Fee 10.6% $316.17 Gordian Fee 3.05% $4,665.32 Total: $177,139.34 Schedule Project Duration: Start Date (Planned): Completion Date (Planned): Sign below to approve this Job Order Edmonds Signatory [Under $50K, Director Signs], [$50K - $100K, Mayor Signs], [Over $100K, City Council Approval] Date Job Order Authorization 1 of 1 Packet Pg. 153 2.9.a r City of Edmonds r 121 5th Ave N Edmonds, Washington 98020 Final Scope of Work Date: 4J27/2023 Job Order Contracting To: John Pallotta From: Thom Sullivan Saybr Contractors, Inc. City of Edmonds f° L 3852 South 66th St 121 5th Ave N Tacoma, WA 98409 Edmonds, WA 98020 = (253)531-2144 4252754515x1379 ca a jpallotta@saybr.com thom.sullivan@edmondswa.gov Q c Contract No: JOC-COE-Saybr-001 Job Order No: JC23-08S .3 m Job Order Title: City Park Building Asphalt Overlay and Re -Stripe M d Location: 600 3rd Ave S 600 3rd Ave S U Edmonds, WA 98020 ' U Brief Scope O' of Work: L The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. 0 Date: SCOPE OF WORK Revised 4/24/2023 Contract Name & No.: City of Edmonds Job Order Contracting Contract # JC22 Project Name: Bid No.: Work Location: Saybr PM: Edmonds City Park Building Asphalt Placement TBD Edmonds City Park Building 600 3rd Ave South Edmonds, WA 98020 John Pallotta, jpallotta _.saybr.com, (253)961-0490 Final Scope of Work Page 1 of 4 Packet Pg. 154 2.9.a Work Hours: Day shift Monday through Friday Estimated Duration: TBD Days following NTP Long Lead Items: None anticipated. Procurement: N/A Project Summary: Demolish existing asphalt paving and regrade. GENERAL INFORMATION: This Scope of Work is based on the information provided by the City of Edmonds representative Thom Sullivan at the Joint Scoping Meeting held on March 22nd, 2023. No site plans or drawing were available at the time of the site visit. 1. Performance of all work will be in accordance with all OSHA and Washington DOSH requirements. 2. Daily job site cleanup is required before the work crew leaves the site each day and final clean-up is required prior to final inspection and acceptance. 3. Contractors will be responsible for their own waste disposal. 4. Project requires Federal Prevailing Wages to be paid and submission of weekly certified payrolls. 5. Outages to be coordinated 72 hours prior to shutdown with Facility Maintenance Manager. TECHNICAL SCOPE OF WORK: General Construction All work performance shall be completed in accordance with and all local, city, and state AHJ requirements and regulations. Provide all labor, materials, and equipment to complete the following work package to the extent necessary to complete the intended scope of work including all parts, pieces, and components: 2. Site Demolition and Grading: (see limits of work diagram) By Performing Subcontractor: 2.1 Provide and maintain any locates as necessary prior to commencement of any work performance. 2.2 At potting area at the existing greenhouse, the Rockwall, and the equipment lean to, sawcut as close as possible to the existing. 2.3 Remove the existing asphalt paving to the extent necessary prior to regrading activities. Depth of existing asphalt Assumed to be 4". Grinding is permissible and can be utilized for additional sub base if necessary, assumes grind to sub base. Final Scope of Work Page 2 of 4 Packet Pg. 155 2.9.a 2.4 Regrade the existing subbase and provide additional subbase materials as necessary. Upon completion of drainage reconfigurations, grade to meet positive drainage to the newly installed drainage system. Note.- there are locations that include equipment, vehicle, and soils and aggregate structures that will be demolished, and the subbase will be re graded by the facility staffing. A final grade will need to be provided by the performing subcontractor prior to asphalt placement, the extent of the additional subbase grading will be jointly evaluated by Saybr Contractors and the City of Edmonds representatives, if additional grading and subbase materials are required a Change Order Supplemental will be addressed. Note: any/all drainage reconfigurations and placements will be completed by the City of Edmonds prior to commencement of any work performances. Saybr recommends a total of 4 each Catch Basin. 2.5 Cleanup and properly dispose of all Demolition and grading related debris off site. 3. Full Depth Asphalt placement see limits of work diagram) By Performing Subcontractor: 3.1. At the limits of work previously re -graded, place asphalt HMA to the extent necessary while meeting the positive drainage elevations. Assume 4nin depth forplacement for the purpose of this proposal. 3.2. At Southwest corner where structures have previously been removed, pave as feasible to the existing slope to fence line. And install pave curb. 3.3. 3.4. Cleanup and properly dispose of all asphalt placement related debris off site. 4. Site Protection and Erosion Controls: (see limits of work diagram] By Performing Subcontractor: 4.1. Provide and maintain any/all required erosion controls as necessary for the duration of all work performances.at completion of all installations/placements remove all erosion controls and restore any site conditions impacted by the work. 4.2. Staging/laydown will be onsite during construction activities. ASSUMPTIONS: 1. This proposal excludes hazardous materials removal. Owner to provide Good Faith Hazardous Materials Report. 2. The existing subbase materials are suitable for grading and asphalt placements and requires no additional structural upgrades to execute all work associated with this work order. EXCLUSIONS: Final Scope of Work Page 3 of 4 Packet Pg. 156 2.9.a 1. Striping and paint. 2. Permitting and support documentation. 3. ROW permit PERMITS: 1. By City of Edmonds SUBMITTALS: 1. Construction Schedule 2. Site Specific Safety Plan 3. Product Data Sheets: i. Subbase materials ii. Asphalt mix design 4. O&M Manual 5. Saybr Warranty Letter This Job Order is governed by the Terms and Conditions of Contract indicated above. Thom Sullivan, Facilities Manager John Pallotta, Contractor Program Manager Date Date Final Scope of Work Page 4 of 4 Packet Pg. 157 2.9.a s ' Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:16:55 PM EST q City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Date: April 27, 2023 JOC Name (Contractor): Saybr Contractors, Inc. Contract Name: JOC-COE-Saybr-001 Contract Number: JOC-COE-Saybr-001 Job Order Number: JC23-08S Job Order Title: City Park Building Asphalt Overlay and Re -Stripe Location: 600 3rd Ave S Cost Proposal Date: April 27, 2023 Proposal Value: $152,961.22 Division Division Totals 01 General Requirements $14,912.28 02 Existing Conditions $1,164.22 31 Earthwork $2,886.05 32 Exterior Improvements $133,998.67 Proposal Total: $152,961.22 The Percentage of Non Pre -Priced on this Proposal: 0.0% By signing the Contractor acknowledges that this Job Order is issued under the provisions of the Contract established in response to Contract #JOC-COE-Saybr-001 by City of Edmonds. The services authorized are within the scope of services set forth in the Contract. All rights and obligations of the parties shall be subject to and governed by the terms and conditions, amendment(s) (if applicable), and the signed contract including any subsequent modifications, are hereby incorporated by reference as if fully set forth herein. John Pallotta, Contractor Program Manager Date Thom Sullivan, Facilities Manager Date Washington State Sales Tax (10.6 ): $16,213.89 Total Price of Construction Including WSST: $169,175.11 Price Proposal Detail Package Report Page 1 of 5 Print Date: 04/27/2023 12:17:26 PM EST Packet Pg. 158 2.9.a Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:16:55 PM EST City of Edmonds 121 5th Ave N Edmonds, Washington 98020 Date: JOC Name (Contractor): Contract Name: Contract Number: Job Order Number Job Order Title Location: Cost Proposal Date: Proposal Value: April 27, 2023 Saybr Contractors, Inc. JOC-COE-Saybr-001 JOC-COE-Saybr-001 JC23-08S City Park Building Asphalt Overlay and Re -Stripe 600 3rd Ave S April 27, 2023 $152,961.22 Record # CSI Number MOD UOM Description Unit Price Factor Total 01 - General Requirements $14,912.28 1 012220000061 HR Flagperson For Traffic Control Accepted Quantity x Unit Price x Factor = LineTotal Installation HR 40 00 x $67.63 x 1.3250 = $3,584.39 User Note: Traffic control for trucks entering and exiting the site. 20 work shifts at 8 hours each for the duration of the project for pedestrian protection, vehicle maneuvers, and traffic control. 2 012223000268 DAY 8' Road Broom, Self Propelled Street Sweeper With Full -Time Operator Accepted Quantity x Unit Price x Factor - LineTotal Installation DAY 1.00 x $893.37 x 1.3250 = $1,183.72 $1,183.72 User Note: Road sweeper after clean area and entrance 3 012223001497 DAY 6 CY Rear Dump Truck With Full -Time Truck Driver Accepted Quantity x Unit Price x Factor LineTotal Installation DAY 3.00 x $1,173.36 x 1.3250 = $4,664.11 $4,664.11 User Note: 2 trucks, 1.5 days 4 015526000041 WK Type I Barricade, Up To 3' Wide With Reflective Rail Each Side Accepted Quantity x Unit Price x Factor = LineTotal Installation WK 2.00 x $4.45 x 1.3250 = $11.79 $11.79 User Note: 2 at entry Price Proposal Detail Package Report Page 2 of 5 Print Date: 04/27/2023 12:17:26 PM EST Packet Pg. 159 2.9.a 1 \ yf "f. 4 Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:16:55 PM EST �•� 1'LW City of Edmonds 121 5th Ave N Edmonds, Washington 98020 5 015526000086 Accepted WK Mesh Or Vinyl Roll -up Sign With Stand Installation WK User Note: (2) signs * 1 week 6 015526000111 Accepted Quantity x Unit Price x Factor = LineTotal 2.00 x $20.02 x 1.3250 = $53 05 EA Placement And Removal Of Portable Sign And Stand Using Truck Installation EA User Note: 2 signs *3 setup ea $53.05 Quantity x Unit Price x Factor = LineTotal 600 x $4.54 x 1.3250 $36.09 $36.09 7 015526000124 EA Placement And Removal Of Up To 250 Barricades By Hand From Roadside Accepted Quantity x Unit Price x Factor - LineTotal Installation EA 34.00 x $3.78 x 1.3250 = $170.29 $170 29 User Note: type I barricades as traffic enters / exits. 2 type I, 1 week 2 type 1*5day*1 setup at start of day=10 2 type 1*3day*4 relocation for traffic=24 8 017419000036 CY Asphalt, Concrete, Gravel And Subgrade Material, Landfill Dump Fee Accepted Quantity x Unit Price x Factor = LineTotal Installation CY 80.00 x $49.14 x 1.3250 = $5,208.84 $5.208 84 User Note: dump remaining unused grinds 160ton est remainging from 1887sy @4" 02 - Existing Conditions $1,164.22 9 024119130015 EA Saw Cut Minimum Charge Accepted Quantity x Unit Price x Factor = LineTotal Installation EA 1.00 x $878.66 x 13250 = $1,164.22 $1,164.22 User Note: type I barricades as traffic enters / exits. 2 type I, 1 week 2 type 1*5day*1 setup at start of day=10 2 type 1*3day*4 relocation for traffic=24 31 - Earthwork Price Proposal Detail Package Report $2,886 Page 3 of 5 Print Date: 04/27/2023 12:17:26 PM EST Packet Pg. 160 2.9.a L13:tlr "r Price Proposal Detail Package Report r Version:'2.0 Approved 04/27/2023 12:16:55 PM EST , City of Edmonds 121 5th Ave N Edmonds, Washington 98020 10 312316130013 CY Compaction of Fill or Subbase for Trenches by Vibratory Plate, Air Tamper, Etcetera Accepted Quantity x Unit Price x Factor - LineTotal Installation CY 267.00 x $5.97 x 1.3250 - $2,112 04 if User Note: 21600sf@4"=267cy 312316130014 CY Compaction of Fill or Subbase for Trenches by Hand Accepted Quantity x Unit Price x Factor = Installation CY 12.00 x $32.08 x 1.3250 = $2,112.04 LineTotal User Note: 968sf @4" depth = 12cy Compaction by hand for the subbase for places where machines cant fit. @ and around shed and stair 12 312514260028 Accepted EA 2' x 2' x 3' Inlet Protection Sediment Bag Quantity x Unit Price x Factor = LineTotal Installation EA 4.00 x $49 80 x 1.3250 = $263.94 User Note: protect drains from sediment during construction 32 - Exterior Improvements $133,998.67 13 320117630028 SY Grinding Asphalt To Level Bump Or Raised Area Accepted Quantity x Unit Price x Factor = LineTotal Installation SY 1,887.00 x $17.11 x 13250 = $42,779.71 User Note: Full depth grind at existing asphalt paving. 14 321216130013 TON Bituminous Hot Mix Surface Course 3954 LB/CY Accepted Quantity x Unit Price x Factor - Installation TON 530.00 x $100.92 x 13250 = User Note: 22578 - 978 (hand place @ shed)=21600sf 2509sy over full surface 265cy " 2=530ton Price Proposal Detail Package Report $42,779.71 LineTotal $70,871.07 Page 4 of 5 Print Date: 04/27/2023 12:17:26 PM EST Packet Pg. 161 2.9.a 1 Price Proposal Detail Package Report Version: 2.0 Approved 04/27/2023 12:16:55 PM EST City of Edmonds 121 5th Ave N Edmonds, Washington 98020 15 321216130013 0362 TON For>500 To 1,000, Deduct Accepted Quantity x Unit Price x Factor = LineTotal Installation TON 530.00 x -$3 86 x 1.3250 -$2,710.69 -$2,710.69 User Note: 16 321216130020 TON Hand Placed Hot Mixed Asphalt 3,954 LB/CY Accepted Quantity x Unit Price x Factor = LineTotal Installation TON 24.00 x $279 54 x 1.3250 = $8,889.37 $8,889.37 User Note: 968sf @4" = 12cy' 2 = 24ton use for hand placement of asphalt where tight or difficult to reach places won't allow machines to access. behind shed / garage. in corners. 17 321233000002 SY Single Course Bituminous Treatment, Prepare And Clean Surface Roadway Accepted Quantity x Unit Price x Factor = LineTotal Installation SY 2,508.00 x $2.38 x 1.3250 = $7,908.98 $7,908.98 User Note: 22580sf total or 2508sy 18 321613330004 LF 8" Wide x 8" High Asphalt Curb 44 LF/TON, Bituminous, Plain Accepted Quantity x Unit Price x Factor = LineTotal Installation LF 320.00 x $13 91 x 1.3250 = $5,897.84 $5,897.84 User Note: 1201f at N 2001f at W 19 321713190007 EA Removal And Relocation Of Precast Concrete Wheel Stop Accepted Quantity x Unit Price x Factor = LineTotal Installation EA 10.00 x $27.35 x 1.3250 = $362-39 $362.39 User Note: remove wheel stops. to be replaced w asphalt curb Proposal Total: $152,961.22 The Percentage of Non Pre -Priced on this Proposal: 0.0% This proposal total represents the correct total for the proposal. Any discrepancy between line totals, sub -totals and the proposal total is due to rounding of the line totals and sub -totals. Price Proposal Detail Package Report Page 5 of 5 Print Date: 04/27/2023 12:17:26 PM EST Packet Pg. 162 2.10 City Council Agenda Item Meeting Date: 06/13/2023 Presentation of Professional Services Agreement for design engineering services for Edmonds Marsh Water Quality Improvements Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 24, 2022, City Council approved a $313,500 Department of Ecology Funding Agreement for Phase 1(catch basins on west side of SR104). Staff Recommendation Forward item to the consent agenda for approval. Narrative The City issued a Request for Qualifications (RFQ) in April 2023 to hire a consultant to provide design engineering services for the Edmonds Marsh Water Quality Improvements Project. The City received statements of qualifications from one (1) engineering firm and the selection committee selected Herrera Environmental to provide design engineering services for this project. The design engineering for this project is expected to be complete by Winter 2023, with construction expected to begin in Spring 2024. The project will provide stormwater treatment for high traffic urban highway runoff through design of stormwater treatment systems at seven catch basins along the west side of SR 104 and seven catch basins along the east side of SR 104 that currently drain untreated to the Marsh and Willow Creek. Further benefits include addressing water quality concerns to support a larger project to reconnect the Marsh to Puget Sound with the goal of increasing juvenile salmon foraging habitat. The City has negotiated a consultant fee of $134,235 for this phase. The amount includes a design contingency of $13,420 for changes and unforeseen conditions. This agreement will allow Herrera to provide services for the design of this project and support during construction. A portion of the funding for the west side of SR 104 will come from a $313,500 Washington State Department of Ecology grant. Additional funding of $258,000 was received through a direct appropriation from the State Legislature for the catch basins on the east side of SR104. An additional $200,000 direct appropriation was approved by the State Legislature for the 2023-25 biennium raising the total funding to $458,000. All remaining funds for this contract will come from the Storm Utility Fund. Attachments: Attachment 1 - Agreement Attachment 2 - Vicinity Map Packet Pg. 163 2.10.a CITY OF EDMONDS MIKE NELSON 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Herrera Environmental Consultants, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide design and construction management services with respect to the Edmonds Marsh Water Quality Improvements project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A or Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED THIRTY-FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE DOLLARS ($134,235.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. 1 Packet Pg. 164 2.10.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 165 2.10.a 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the c United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. W r c 8. Consultant is an independent contractor. The parties intend that an independent E contractor relationship will be created by this Agreement. No agent, employee or representative L of the Consultant shall be deemed to be an agent, employee or representative of the City for any Q purpose. The Consultant shall be solely responsible for all acts of its agents, employees, ' T representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Pg. 166 2.10.a 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. c .2 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee r working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant any fee commission, percentage, brokerage fee, gifts, or any a, other consideration contingent upon or resulting from the award of making of this Agreement. For Q breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. M 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant Packet Pg. 167 2.10.a agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Herrera Environmental Consultants, Inc. 2200 Sixth Avenue, Suite 1100 Seattle, WA 98121 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of 2023. CITY OF EDMONDS HERRERA ENVIRONMENTAL CONSULTANTS, INC Michael J. Nelson, Mayor Theresa M. Wood, Vice President ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 168 2.10.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 169 2.10.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 170 2.10.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits y discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because c of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of 0 sex); w L • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); y • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); °M .N • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and `o Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or Q activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and a contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of c ° disability in the operation of public entities, public and private transportation systems, places of public ° accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; y • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); a • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by 0 discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable E steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to L 74100); Q • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 171 2.10.a WAHERRERA Science + Planning + Design SCOPE OF WORK EDMON DS MARSH WATER QUALITY IMPROVEMENTS PHASE 1 The City of Edmonds (City) requested that Herrera Environmental Consultants (Herrera) prepare a scope of work and cost estimate to provide design and construction management assistance for a water quality retrofit design in Washington State Department of Transportation (WSDOT) right-of-way near Edmonds Marsh (Marsh). The project will involve designing stormwater treatment systems at up to seven catch basins along the west side of State Route 104 (SR 104) and up to seven catch basins along the east side of SR 104 that currently drain untreated to the Marsh and Willow Creek. The project will provide stormwater treatment for high traffic urban highway runoff. Further benefits include addressing water quality concerns to support a larger project to reconnect the Marsh to Puget Sound with the goal of increasing juvenile salmon foraging habitat. A portion of the funding for this project is from the State Fiscal Year 2022 Stormwater Financial Assistance Program (SFAP) managed by the Washington State Department of Ecology (Ecology). This funding covers the work scoped in Tasks 1 through 7, corresponding to the equivalent tasks in the City's grant agreement with Ecology. Additional funding was received from the state to add treatment to up to seven catch basins along the east side of SR 104, so that work is included in a separate task (Task 8). This scope of work includes a discussion of the activities, assumptions, and deliverables associated with the project and includes the following tasks: • Task 1 — Grant and Loan Administration a- • Task 2 — Cultural and Environmental Reviews and Permitting c 0 • Task 3 — Easement Acquisition N m • Task 4 — Design Plans and Specifications (West Side of SR 104) • Task 5 — Construction Assistance r • Task 6 — Construction as a� a • Task 7 — Project Close -Out • Task 8 — Design Plans and Specifications (East Side of SR 104) E • Task 9 — Contingency 2 Herrera will primarily be involved in Tasks 4 and 8, but will also provide support for Tasks 1, 2, 5, and 7 Tasks 1, 2, 3, 5, 6, and 7 will be led by City staff. June 7, 2023 Ir edmonds_marsh_scope_final_20230607 Page 1 of 12 r a HERRERA Packet Pg. 172 2.10.a SCOPE OF WORK Task 1 - Grant and Loan Administration Under this task, Herrera will support the City's grant management including preparing language for quarterly progress reports and supporting the recipient closeout report and outcome summary report Assumptions • This task will be led by the City. • City staff will administer the grant (including preparing and submitting quarterly project reports, invoices, and grant reimbursement forms to Ecology's financial manager), submitting documents and plans to Ecology, and will serve as the primary point of contact for Ecology. Deliverables • Draft language for quarterly progress reports summarizing the work performed by Herrera for that quarter • Review comments on draft recipient closeout report and outcome summary report Task 2 - Cultural and Environmental Reviews and Permitting Under this task, Herrera will lead the preparation of the Cultural Resources Review Form, Inadvertent Discovery Plan (IDP), and permitting documentation. The City will be responsible for preparing and submitting State Environmental Policy Act (SEPA) documentation with technical support from Herrera if requested. The City will also be responsible for preparing applications for other permits if needed (e.g., shoreline, etc.). Assumptions • This task will be led by the City with support from Herrera. • The City will be responsible for preparing and submitting SEPA documentation. Herrera will provide technical support with SEPA documentation if requested. • No other permitting services will be provided by Herrera (e.g., shoreline, etc.) • The City will be responsible for uploading the wetland delineation for the project area to EAGL and sharing this data with Herrera. No new wetland delineation work by Herrera is included in this task. Deliverables • Review comments on SEPA checklist (comments in Microsoft Word) • Draft and final Cultural Resources Review Form (Adobe Acrobat PDF) June 7, 2023 Ir edmonds_marsh_scope_final_20230607 Page 2 of 12 r &A a HERRERA Packet Pg. 173 2.10.a SCOPE OF WORK • Draft and final IDP (Adobe Acrobat PDF) Task 3 - Easement Acquisition Herrera will not provide any services on this task. Assumptions • The City will be responsible for ensuring that the property is suitable for the proposed project and will complete all submittals related to easement acquisition or WSDOT agreement. Task 4 - Design Plans and Specifications (West Side of SR 104) Under this task, Herrera will provide an assessment of stormwater treatment alternatives, develop a Design Report and stormwater project design, and develop a 100% design package for the west side of SR 104. This task includes the following subtasks: • Subtask 4.1 — Stormwater Treatment Alternatives Assessment • Subtask 4.2 — Hydrologic Modeling • Subtask 4.3 — Design Report • Subtask 4.4 — 60 Percent Plans • Subtask 4.5 — 90 Percent Plans, Specifications, and Estimate • Subtask 4.6 —100 Percent Construction Plans and Specifications • Subtask 4.7 — Project Management Subtask 4.1 — Stormwater Treatment Alternatives Analysis Herrera will conduct a stormwater treatment system alternatives assessment of up to three potential treatment systems and will recommend a preferred treatment system that best meets the goals of the project, the requirements of the grant, and the constraints of the existing site. Due to site constraints, the alternatives assessment is anticipated to focus on proprietary treatment systems. The alternatives assessment will be described in the design report (Subtask 4.3). Subtask 4.2 — Hydrologic Modeling Herrera will delineate drainage areas and develop hydrologic models for each of the seven subbasins based on topography and survey work performed previously for the site. a r c as E June 7, 2023 Page 3 of 12 VAQ Ir edmonds_marsh_scope_final_20230607 HERRERA Packet Pg. 174 2.10.a SCOPE OF WORK Subtask 4.3 — Conceptual Design (30 Percent) and Design Report Herrera will lead the preparation of the conceptual design submittal and cost estimate with input from the Stormwater Treatment Alternatives Analysis (Subtask 4.1) and the Hydrologic Modeling subtask (Subtask 4.2). Herrera will review and provide input on the water quality facility sizing, pollutant loading reduction, and water quality benefits to be highlighted in the Design Report. Due to site constraints, the alternatives conceptual design and design report is anticipated to focus on a preferred proprietary treatment system. The Design Report is expected to include a conceptual design figure prepared in GIS and a cross-section detail from the system manufacturer. The Design Report will be provided to Ecology for review and may also be shared with WSDOT for review. A planning level cost estimate will be prepared at this stage of the design. Subtask 4.4 — 60 Percent Plans Herrera will lead the development of the 60 percent design plans for the City based on the comments received from Ecology and the City (and possibly WSDOT) on the Conceptual Design and Design Report submitted for Subtask 4.3. Specifications and an engineer's estimate of probable construction cost will not be prepared at this stage of the design. Subtask 4.5 — 90 Percent Plans, Specifications, and Estimate Herrera will lead the development of the 90 percent design plans, specifications, and engineer's estimate of probable construction cost based on the comments received from the City on the 60 percent design plans submitted for Subtask 4.4. This work will include establishing final design parameters including the amount of flow to each facility, critical invert and overflow elevations, and facility designs to achieve optimal water quality treatment. The 90 percent design submittal and cost estimate will be provided to Ecology for review and may also be shared with WSDOT for review. Subtask 4.6 —100 Percent Construction Plans and Specifications Based on City and Ecology (and possibly WSDOT) comments on the 90 percent design submittal and c cost estimate, Herrera will prepare 100 percent construction plans, specifications, and bid documents. The 2 bid documents will include two separate bid schedules (A and B) to separate the work funded by the u Ecology grant as part of Task 4 and the work funded by the state as part of Task 8. as E Subtask 4.7 — Project Management Herrera will prepare a project schedule, support coordination with other agencies (such as Ecology and a WSDOT), and submit monthly progress reports with invoices. Assumptions (for all subtasks) • New survey and geotechnical work will not be needed for this project. Previous survey data r (received from the City in CAD file format) will be used. E June 7, 2023 Page 4 of 12 � Q Ir edmonds_marsh_scope_final_20230607 HERRERA Packet Pg. 175 2.10.a SCOPE OF WORK • One project kickoff meeting and up to two design/coordination meetings will be held during the course of the project. Meetings will be held virtually. Up to 2 Herrera staff will attend each meeting. • The City will provide GIS data for the project area. • Herrera will conduct hydrologic modeling of the drainage subbasins using Western Washington Hydrology Model 2012 (WWHM 2012) to size the stormwater treatment systems. • The Design Report will not include any design drawings other than a standard manufacturer detail of the selected stormwater treatment system. • The City will provide one set of compiled and conformed comments on the Design Report, 60 percent design submittal, and 90 percent design submittal within two weeks of receipt. • Ecology will provide comments on the Design Report and 90 percent design submittal within 45 calendar days of receipt. WSDOT may also provide comments on the Design Report and 90 percent design submittal within the same timeframe. • 60 percent and 90 percent design drawings are expected to include the following drawing sheets (6 total sheets): o Cover sheet and drawing index o Construction notes, legend, and list of abbreviations o Existing conditions site plan o Demolition plan o Drainage plan o Drainage details (2 sheets) o Temporary erosion and sediment control plan o Temporary erosion and sediment control details • The final (100 percent) design will be prepared once comments on the 90 percent package are received. The final design submittal will not be subject to revision. Deliverables (for all subtasks) d • Conceptual Design (30 percent design), Draft Design Report, and planning level cost estimate as (Microsoft Word and Adobe Acrobat PDF) a • Conceptual Design (30 percent design) and Final Design Report (Microsoft Word and Adobe Acrobat PDF) E • 60 percent design drawings (Adobe Acrobat PDF) • 90 percent design drawings, construction specifications, and engineer's estimate of probable a construction cost (Adobe Acrobat PDF) m E June 7, 2023 Page 5 of 12 Ir edmonds_marsh_scope_final_20230607 HERRERA Packet Pg. 176 2.10.a SCOPE OF WORK • 100 percent design / bid set drawings, construction specifications, and final engineer's estimate of probable construction cost (Adobe Acrobat PDF) • Written responses to Ecology and WSDOT comments (if needed) (Microsoft Excel or Microsoft Word) • Monthly invoices and progress reports (Adobe Acrobat PDF) • Draft and final project schedule (Adobe Acrobat PDF) Task 5 — Construction Assistance Under this task, Herrera will provide bid support and construction assistance during construction and will review submittals and answer contractor questions. Herrera will also attend the pre -bid meeting, preconstruction meeting, and the final walk through. Note that this task title is slightly different in the Ecology grant agreement (Construction Management), but was modified for this scope of work since Herrera will be supporting, but not leading this task. Assumptions • The City will conduct a pre -bid meeting to present a project summary, walk the project site, and field questions from prospective bidders. One Herrera staff member will attend the pre -bid meeting. • The City will lead the pre -construction meeting. One Herrera staff member will attend the pre - construction meeting. • The City will provide onsite daily construction management and conduct daily inspections. • Herrera will respond to up to 4 formal requests for information (RFIs) (effort limited to 8 hours). • The City will respond to contractor change order requests and review and manage requests for payment. Herrera will provide assistance with up to 2 change orders (effort limited to 8 hours). • Herrera will review contractor submittals per contract document requirements (effort limited to 8 hours). • Herrera will assist the City in reviewing the contractor's construction schedule for the retrofit project. • The City will lead the final walk through. One Herrera staff member will attend the final walk through and provide support to the final punch list. • The City will submit the signed and dated Declaration of Completion Form to Ecology. • There will be no addenda to the bid. • No record drawings will need to be prepared by Herrera. June 7, 2023 Ir edmonds_marsh_scope_final_20230607 Page 6 of 12 r a HERRERA Packet Pg. 177 2.10.a SCOPE OF WORK Deliverables • Responses to RFIs • Comments on change order requests, contractor submittals, and construction schedule. Task 6 - Construction Herrera will not provide any services on this task. Assumptions • The City will be responsible for selecting a contractor and completing construction of the project in accordance with Ecology -accepted plans and specifications. Task 7 - Project Close Out Under this task, Herrera will provide support with project close out documentation including developing the Facility Operation and Maintenance Plan and preparing GIS shapefiles. The remaining close out documentation (Recipient Closeout Report and Outcome Summary Report) is included under Task 1. Assumptions • Herrera will lead the development of the Facility Operation and Maintenance Plan for the project • Herrera will lead the development of the GIS shapefiles necessary for the final submittal Deliverables • Draft Facility Operation and Maintenance Plan (Microsoft Word) • Final Facility Operation and Maintenance Plan (Microsoft Word and Adobe Acrobat PDF) • Equivalent new/redevelopment area for the completed retrofit project (GIS shapefile) • Project area (including stormwater facilities and contributing areas) (GIS shapefile) Task 8 - Design Plans and Specifications (East Side of SR 104) Under this task, Herrera will provide an assessment of stormwater treatment alternatives, develop a Design Report and stormwater project design, and develop a 100% design package for the east side of a SR 104. This task includes the following subtasks: as • Subtask 8.1 — Stormwater Treatment Alternatives Assessment June 7, 2023 Page 7 of 12 � Q Ir edmonds_marsh_scope_final_20230607 HERRERA Packet Pg. 178 2.10.a SCOPE OF WORK • Subtask 8.2 — Hydrologic Modeling • Subtask 8.3 — Design Report • Subtask 8.4 — 60 Percent Plans • Subtask 8.5 — 90 Percent Plans, Specifications, and Estimate • Subtask 8.6 —100 Percent Construction Plans and Specifications • Subtask 8.7 — Project Management Subtask 8.1 — Stormwater Treatment Alternatives Analysis Herrera will conduct a stormwater treatment system alternatives assessment of up to three potential treatment systems and will recommend a preferred treatment system that best meets the goals of the project, the requirements of the grant, and the constraints of the existing site. Due to site constraints, the alternatives assessment is anticipated to focus on proprietary treatment systems. The alternatives assessment will be described in the design report (Subtask 8.3). Subtask 8.2 — Hydrologic Modeling Herrera will delineate drainage areas and develop hydrologic models for each of the seven subbasins based on topography and survey work performed previously for the site. Subtask 8.3 — Conceptual Design (30 Percent) and Design Report Herrera will lead the preparation of the conceptual design submittal and cost estimate with input from the Stormwater Treatment Alternatives Analysis (Subtask 8.1) and the Hydrologic Modeling subtask (Subtask 8.2). Herrera will review and provide input on the water quality facility sizing, pollutant loading reduction, and water quality benefits to be highlighted in the Design Report. Due to site constraints, the alternatives conceptual design and design report is anticipated to focus on a preferred proprietary treatment system. The Design Report is expected to include a conceptual design figure prepared in GIS and a cross-section detail from the system manufacturer. The Design Report may be shared with WSDOT for review. A planning level cost estimate will be prepared at this stage of the design. Subtask 8.4 — 60 Percent Plans Herrera will lead the development of the 60 percent design plans based on the comments received from the City (and possibly WSDOT) on the Conceptual Design and Design Report developed for Subtask 8.3. Specifications and an engineer's estimate of probable construction cost will not be prepared at this stage of the design. Subtask 8.5 — 90 Percent Plans, Specifications, and Estimate Herrera will lead the development of the 90 percent design plans, specifications, and engineer's estimate of probable construction cost based on the comments received from the City on the 60 percent design E z June 7, 2023 Page 8 of 12 VA Q Ir edmonds_marsh_scope_final_20230607 HERRERA Packet Pg. 179 2.10.a SCOPE OF WORK plans submitted for Subtask 8.4. This work will include establishing final design parameters including the amount of flow to each facility, critical invert and overflow elevations, and facility designs to achieve optimal water quality treatment. The 90 percent design submittal and cost estimate may be shared with WSDOT for review. Subtask 8.6 —100 Percent Construction Plans and Specifications Based on City (and possibly WSDOT) comments on the 90 percent design submittal and cost estimate, Herrera will prepare 100 percent construction plans, specifications, and bid documents. The bid documents will include two separate bid schedules (A and B) to separate the work funded by the Ecology grant as part of Task 4 and the work funded by the state as part of Task 8. Subtask 8.7 — Project Management Herrera will support coordination with other agencies (such as Ecology and WSDOT) and submit monthly progress reports (including a budget summary) describing work performed for Task 8. Preparation of the project schedule and monthly invoices is included with Task 4. Assumptions (for all subtasks) • Survey and geotechnical work will not be needed for this project. Previous survey data (received from the City in CAD file format) will be used. a • Up to two design/coordination meetings will be held during the course of the project. Meetings will a 4- be held virtually. Up to 2 Herrera staff will attend each meeting. 0 0 0 • The City will provide GIS data for the project area. v c • Herrera will conduct hydrologic modeling of the drainage subbasins using WWHM 2012 to size the stormwater treatment systems. a` • The Design Report will not include any design drawings other than a standard manufacturer detail c of the selected stormwater treatment system. c • The City will provide one set of compiled and conformed comments on the Design Report, 60 percent design submittal, and 90 percent design submittals within two weeks of receipt. r c as • WSDOT may provide comments on the Design Report and 90 percent design submittal within 45 E calendar days of receipt. a� a • 60 percent and 90 percent design drawings are expected to be incorporated into the following drawing sheets prepared for Task 4 (6 total sheets): m o Cover sheet and drawing index o Construction notes, legend, and list of abbreviations a o Existing conditions site plan as o Demolition plan June 7, 2023 Page 9 of 12 Ir edmonds_marsh_scope_final_20230607 HERRERA Packet Pg. 180 2.10.a SCOPE OF WORK o Drainage plan o Drainage details (2 sheets) o Temporary erosion and sediment control plan o Temporary erosion and sediment control details • The final (100 percent) design will be prepared once comments on the 90 percent package are received. The final design submittal will not be subject to revision. Deliverables (for all subtasks) • Conceptual Design (30 percent design) and Draft Design Report (Microsoft Word and Adobe Acrobat PDF) • Conceptual Design (30 percent design) and Final Design Report (Microsoft Word and Adobe Acrobat PDF) • 60 percent design drawings (Adobe Acrobat PDF) • 90 percent design drawings, construction specifications and engineer's estimate of probable construction cost (Adobe Acrobat PDF) • 100 percent design / bid set drawings, construction specifications, and final engineer's estimate of probable construction cost (Adobe Acrobat PDF) • Written responses to WSDOT comments (if needed) (Microsoft Excel or Microsoft Word) • Monthly progress reports (including a budget summary) for Task 8 activities (Adobe Acrobat PDF) Task 9 - Contingency The nature of this project is such that additional technical needs may potentially arise that are pertinent to the overall scope of services. However, the specifics of these needs will not be known until some preliminary work has been accomplished. Herrera will provide additional services as requested by and authorized by the City, subject to amendment of the approved scope of services. Herrera shall submit a scope and fee estimate for supplemental services not covered in previous tasks as may be requested by the City. The City shall provide written authorization to proceed with any supplemental services prior to any such work being performed by Herrera. June 7, 2023 Ir edmonds_marsh_scope_final_20230607 Page 10 of 12 r a HERRERA Packet Pg. 181 2.10.a SCOPE OF WORK Proiect Schedule Task Deliverable Timeline & Task 1. Grant and Loan Administration Task 2. Cultural and Environmental Reviews and Permitting Quarterly progress reports Comments on Closeout Report Comments on Outcome Summary Report Review comments on SEPA checklist Draft cultural resources review form Final cultural resources review form Draft inadvertent discovery plan Final inadvertent discovery plan Task 3. Easement Acquisition NA (led by City) July 2023 — Dec. 2024 b Sept. 27, 2024 b Sept. 27, 2024 b Oct. 2023 (TBD) Nov. 24, 2023 Jan. 5, 2024 Nov. 24, 2023 Jan. 5, 2023 July — Sept. 2023 Task 4. Design Plans and Specifications (West Side of SR I" Subtask 4.1. Stormwater NA July — Aug. 2023 Treatment Alternatives Assessment ............................................................................................................................................._..................................................................................................................................................................................................................................................................................................................................................... Subtask 4.2. Hydrologic NA July 2023 — Jan. 2024 Subtask 4.3. Conceptual Design Draft Design Report and planning level cost Sept. 15, 2023 (30 Percent), Design Report, Final Design Report and planning level cost Oct. 13, 2023 and Planning Level Cost Estimate Subtask 4.4. 60 Percent Plans Written responses to Ecology and WSDOT Dec. 1, 2023 comments (if needed) 60 percent design drawings b Dec. 29, 2023 ......... _ ......... Subtask 4.5. 90 Percent Plans, 90 percent design drawings, construction Jan. 26, 2023 Specifications, and Estimate specifications, and engineer's estimate of construction cost Subtask 4.6. 100 Percent Written responses to Ecology and WSDOT Mar. 15, 2024 Construction Plans and comments (if needed) Specifications 100 percent design drawings, construction Mar. 29, 2024 ................................................................. specifications, and bid documents b .. ........ ......... Subtask 4.7. Project Draft project schedule June 30, 2023 Management Final project schedule July 28, 2023 ............................................................................................................................ Monthly invoices and pro ress reports y...............................g............................................................................................................................y.......................................................................................... Jul 2023 — Dec. 2024 Task 5. Construction Assistance Pre -bid meeting Apr. 2024 (TBD) Responses to RFIs May 2024 (TBD) Submittal reviews May -June 2024 Construction schedule review June -July 2024 Pre -construction meeting July 2024 (TBD) Responses to change orders Aug. -Sept. 2024 ......................................................................................................................................................................................................................... Finalwalk-thro.0 ....................................................................................................................................................Sept. 2024(TB.D...... ........................................................................... .) Task 6. Construction NA led by City) Jul -Se t. 2024 June 7, 2023 Ir edmonds_marsh_scope_final_20230607 Page 11 of 12 43 &A a HERRERA Packet Pg. 182 2.10.a SCOPE OF WORK Task Deliverable Timeline a Task 7. Project Close Out Draft facility operation and maintenance plan Aug. 30, 2024 Final facility operation and maintenance plan Sept. 30, 2024 Equivalent redevelopment area (GIS shapefile) Oct. 31, 2024 Project area (GIS shapefile) Oct. 31, 2024 Task 8. Design Plans and S ecifications East Side of SR 104 ...................................................p...................................................(....................................................................................)............................................................................................................................................................ Subtask 8.1. Stormwater NA Treatment Alternatives Assessment July — Aug. 2023 Subtask 8.2. Hydrologic NA July 2023 — Jan. 2024 Modeling Subtask 8.3. Conceptual Design Draft Design Report and planning level cost (30 Percent), Design Report, Final Design Report and planning level cost and Planning Level Cost Estimate Subtask 8.4. 60 Percent Plans Written responses to WSDOT comments (if needed) Subtask 8.5. 90 Percent Plans, Specifications, and Estimate Subtask 8.6. 100 Percent Construction Plans and Specifications Subtask 8.7. Project Management Task 9. Contingency 60 percent design drawings 90 percent design drawings, construction specifications, and engineer's estimate of construction cost Written responses to WSDOT comments (if needed) 100 percent design drawings, construction specifications, and bid documents .......................... Monthly progress reports (including budget summary) Sept. 15, 2023 Oct. 13, 2023 .............................................................................................. Dec. 1, 2023 Dec. 29, 2023 .................................... Jan. 26, 2023 Mar. 15, 2024 Mar. 29, 2024 ........ ......... ......... ......... July 2023 — Dec. 2024 ............................................................................................... TBD NA: not applicable TBD: to be determined a The proposed project timeline assumes that contracting paperwork is completed by June 16, 2023 b Ecology (and WSDOT) is expected to provide comments on the Design Report and 90 percent design drawings for Task 4 within 45 days of the receipt of the plans based on the SFAP grant agreement for this project. c Project management and contract administration is estimated to extend through December 2024; however, if project construction is delayed, it could be extended through the end of the SFAP grant period (December 2025). June 7, 2023 Ir edmonds_marsh_scope_final_20230607 Page 12 of 12 43 &A HERRERA Packet Pg. 183 WAHERRERA Cost Estimate for Edmonds Marsh Water Quality Improvements Phase 1 Herrera Project No. 22-08007-001 6/7/2023 Task No. ■ Herrera Labor based on: Burdened Labor Rates Ahearn, Dylan Scientist VI $302.72 Webb, Christopher Engineer VI $293.99 Dugopolski, Rebecca Engineer V $259.16 12 Ogintz, Joanna Engineer IV $218.69 4 Schaner, Nell Engineer IV $206.70 0 Crlckmore, Ian David GIS Analyst IV $180.06 0 Marshall, Eric CAD Technician IV $170.06 0 Rapma, Danielle Scientist III $138.52 0 Jackowich, Pamela Administrative Coordinator IV $139.65 Maloof, Charles Project Accountant II $125.75 3% Travel and Per Diem (PD) Auto Use Mile Total Hours per Task 16 Subtotal Labor $3,985 Subtotal Herrera Labor r $3,985 bor Escalation on Herrera Lain 2024 $120 Escalated Subtotal Herrera Labor $4,104 Subtotal Per Diem, 2 , 8 15 14 I 0 I $0 I $0 $0 0 M 2 0 Ab 8 14 4 6 22 51 2 0 46 16 2 27 8 113 4 0 85 16 10 82 16 217 r 0 U 12 4 28 0 U 46 $11,761 I $11,761 $353 $12,iU 6 12 4 34 0 36 36 14 86 12 0 AU 4 16 4 4 4 12 20 $3,643 $3,643 $0 $3,643 0 8 4 199 $43,292 $43,292 $1,299 $44,691 u12 I 0 1 226 I 24 I $4,950 I $4,950 $148 I $5,098 60 591 I $0 I $0 $0 I so $49,669 I $49,669 $1,490 'al, $13,029 $130,330 $.U,oz9 $180,330 $391 $3,801 U3,4z0 1 134,130 ' $0.66 0 20 120 0 20 0 160 Subtotal Per Diem $0 $0 $0 $1.3 Lab Costs, and ODCs $o $0 $0 $U $79 $0 $0 $13 $0 $106 $79 $0 $0 $13 $0 $105 Grand Subtotal Grand Total 16- 0 to U d N C al 0 L Q U) a 0 C 0 a=r fC C d [n d L a C 0 2 0 C U E 0 d L Q C d t U R r Q C 0 E t U R Q Packet Pg. 184 City of Edmonds Maabook 2.11 City Council Agenda Item Meeting Date: 06/13/2023 Presentation of Professional Services Agreement for design services for Ph 4 Storm Utility Replacement/Rehab Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward the item to the consent agenda for approval. Narrative The City issued a Request for Qualifications (RFQ) in November 2021 to hire a consultant to provide design engineering services for the Phase 4 and 5 Storm Replacement/Rehab Projects. The City received statements of qualifications from four (4) engineering firms and the selection committee selected KPG Psomas to provide design engineering services for these Projects. The design engineering for the Phase 4 project is expected to be complete by winter 2023, with construction expected to begin in Spring of 2024. When construction design services are required for the Phase 5 Storm Replacement Project, a separate scope and fee will be drafted winter 2023 for design services and submitted to City Council for approval. Due to staffing issues, this project was delayed until now. A contract has now been negotiated for projects planned to be constructed in 2024 as part of the Phase 4 work. The City has negotiated a consultant fee of $144,279 for this phase. This agreement will allow KPG Psomas to provide services for the design of this project. This contract will be funded by the Storm Utility Fund. The Phase 4 Project will focus on rehabilitation of portions of the City's Storm network using Cured in Place pipe technology. It is estimated that approximately 6,700 linear feet of existing Storm pipes at various locations within the City will be rehabilitated. When construction design services are required for the Phase 5 Storm Replacement Project, a separate scope and fee will be drafted winter 2023 for design services and submitted to City Council for approval. The selection of the sites was determined using maintenance data supplied by our Storm maintenance and operations division for pipes that have large amounts of root intrusion and require frequent maintenance by staff to cut roots that are growing inside these pipes. Root cutting at these locations is done multiple times a year to avoid possible blockages, which would cause backups and localized flooding at all these locations and upstream of these locations. Packet Pg. 186 2.11 Attachments: Attachment 1 - Agreement Attachment 2 - Vicinity Map Packet Pg. 187 2.11.a CITY OF EDMONDS MIKE NELSON 121 ST" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and KPG Psomas, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide design engineering services with respect to the Phase 4 Stormwater Utility Replacement project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A OR B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED FORTY-FOUR THOUSAND SEVEN HUNDRED TWENTY-NINE DOLLARS ($144,729.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. Packet Pg. 188 2.11.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 189 2.11.a 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Pg. 190 2.11.a 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto Exhibits A and B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A or B], this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant Packet Pg. 191 2.11.a agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: KPG Psomas Inc. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of 2023. CITY OF EDMONDS KPG PSOMAS, INC. Michael J. Nelson, Mayor By: Its: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 192 2.11.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 193 2.11.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 194 2.11.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 195 2.11.a EXHIBIT A City of Edmonds — Phase 4 2024 Stormwater Utility Rehabilitation Project — KPG Psomas Scope of Work June 2023 INTRODUCTION A. PROJECT BACKGROUND AND UNDERSTANDING The City of Edmonds (City) is developing a project hereby referred to as the Phase 4 2024 Stormwater Utility Rehabilitation Project (City Project). The City has inventoried several conveyance pipes which exhibit large amounts of root intrusion and are in need of rehabilitation. The City Project proposes rehabilitation of deteriorated CMP and concrete conveyance pipes using Cured in Place Pipe Lining (CIPP) at several locations throughout the City: • 510 Forsyth Ln pipe #4217 • 9505 216t1i St SW pipe #8956 • 7919 236th St pipe #7547 • 437 5th Ave S pipe #3305 • 8712 Talbot Rd pipe #427 • 8711 Talbot Rd pipe #429 • 8610 185th PI pipe #540 • 79th & 206th pipe #2450 • 8625 196th pipe #2237 • 110 Main St pipe #4152, 4153, 4154 In total, the City Project will rehabilitate approximately 6,700 linear feet of degraded conveyance pipe, utilizing CIPP technologies to the extent feasible to minimize disturbances. The City Project is anticipated to be put out for ad in Q 12024 and constructed during 2024. The following scope of work outlines the KPG Psomas (KPG) consultant team's efforts to provide the desired design and related services to complete plans, specifications, and estimates (PS&E) in support of the City Project. General locations of proposed CIPP rehabilitation work are illustrated in the City -provided PDF maps at the end of this document. B. GENERAL ASSUMPTIONS The following general assumptions were identified to establish a scope and fee estimate for KPG's efforts associated with the City Project. Project assumptions related to specific individual tasks follow and are included with individual task scope descriptions, hereafter. City -provided GIS data, LiDAR, and available aerial imagery will serve as the basis for the base map used to develop Stormwater Rehabilitation Plans. City of Edmonds Phase 4 Page 1 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 196 2.11.a EXHIBIT A • Should the City/KPG conclude that trenchless repair is infeasible, alternative methods may be assessed. Open trench pipe repair or replacement, if necessary, may require supplementary scope and/or budget on a case -by -case basis. • Applicable City/local agency, and/or WSDOT Standard Plans will be utilized as appropriate and included for reference in the provided Design Plans. • The City Project is anticipated to be completed without need for excavation and/or significant modification (i.e., relocation/replacement) of exiting buried utilities. Stormwater Rehabilitation Plans will be prepared without supporting field survey or utility locates. • Construction phasing plans and temporary traffic control plans will not be developed for the project. The contractor will be responsible for developing project -specific traffic control plans and phasing plans as necessary. • Existing stormwater utilities are understood to be located within existing right of way or recorded easements. As such, right of way acquisition and new permanent utility or temporary construction easements/rights of access are not included in this scope of work. • Plans will be developed utilizing AutoCAD or Civil 3D 2022 using KPG drafting standards and plotted on City of Edmonds title block. Plans will use City Standard Drawing symbols and nomenclature. Plans shall be assigned the local projection NAD83 Washington State Plan North, HARN, US Feet. • Stormwater conveyance capacity analyses are not required for this project. • Stormwater utility profiles are not included in this scope of work. • ESC plans are not included in this scope of work. If required, the Contractor will develop the ESC plan for the project. The responsibilities of the Contractor shall be defined in the Project Manual. • A Stormwater Pollution Prevention Plan (SWPPP) is not included in this work scope. If required, the Contractor will develop a SWPPP for the project. The responsibilities of the contractor shall be defined in the Project Manual. • Proposed rehabilitation activities are SEPA exempt, as targeted pipe runs are 12" diameter or smaller. As such, Stormwater Construction General Permit is not anticipated to be required. No specific environmental, City ROW, or other regulatory requirements are believed to be applicable; therefore, there are no anticipated permits required for the project. If, however, any such requirements are applicable, they would be covered separately by the City/City Project. • Each site shall have a separate Opinion of Probable Construction Cost schedule. • The City will be responsible for Public Involvement/Outreach. • KPG will provide limited bid support (as defined herein) during project advertisement and through award. • Construction Engineering Support and Construction Management services are not included in this scope of work and will be provided by others. • The City requires three weeks to review submittals and provide comments back to KPG. • All submittals will be electronically posted to KPG's ftp site. C. CITY PROVIDED ITEMS The City will provide the following in aid of design. • Submittal reviews, comments, and approvals Available stormwater system record drawings, design files/technical reports, and/or recorded easement information, as needed. GIS data, LiDAR, and available aerial imagery City of Edmonds Phase 4 Page 2 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 197 2.11.a EXHIBIT A CCTV logs and video inspection footage Applicable technical reports pertinent to the project (geotechnical, stormwater design, environmental, etc.), if required City's standard boilerplate Project Manual documents and Standard Details SCOPE OF WORK Task 1— Management / Coordination / Administration This task covers the efforts required to manage the contract and to assure that the project meets the City's expectations for schedule, budget, and quality of product. Efforts included under this task are as follows: 1.1 Provide continuous project coordination and internal management for the project duration (estimate 9 months design and bid, July 2023 through February 2024). 1.2 Prepare for and attend a kick-off meeting with City staff to initiate project work/design. 1.3 Prepare for and attend general coordination/progress meetings with City staff during the design phase to discuss key issues encountered during plan development and track progress (estimate 4 meetings). Teams Meetings/calls will be scheduled to discuss key issues with the City as needed. These check -in and coordination meetings are separate from the various design submittal review meetings identified separately, in subsequent tasks. 1.4 Provide internal quality assurance/quality control (QA/QC) reviews of all work products prior to submittal for City review. 1.5 Prepare and submit electronic monthly invoices for review and approval by the City. Each invoice shall include the Billing Period (start and end date), description of work accomplished for the billing period, and the names, billing rate, and hours for each resource included with each task on the invoice. 1.6 Develop and update a project schedule (if/as necessary). Deliverables: • Monthly progress reports and invoices • Meeting notes • Project schedule and updates • QA/QC of all submittals Assumptions: The anticipated design period is approximately nine (9) months. Task 2 — Project Assessment and Conceptual (10%) Design This task covers the efforts required to collect and review data and other pertinent information relative to the anticipated project including the following: 2.1 Attend one field visit with City staff to review existing site(s) conditions and identify potential constraints. City of Edmonds Phase 4 Page 3 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 198 2.11.a EXHIBIT A 2.2 Review City -provided GIS, available record drawings, and project base mapping information. 2.3 Review City -provided supplementary reports, analyses which may be applicable to proposed rehabilitation efforts. 2.4 Review available City easement documentation. 2.5 Review City -provided CCTV logs and video inspection footage. 2.6 Assess CIPP suitability for stormwater conveyance pipe rehabilitation. 2.7 Prepare summary memo addressing feasibility and a planning -level Engineer's Opinion of Probable Construction Cost (OPCC) of CIPP lining for each site identified by the City Project. 2.8 Conceptual (10%) Design Review Meeting: The purpose of this meeting is to confirm understanding and agreement regarding intended project design elements for the City Project prior to proceeding with continued design development. Deliverables: • Summary memorandum • Base map(s) illustrating project sites and conceptual rehabilitation plans • Planning -level (10%) Engineer's OPCC Assumptions: • The City will provide KPG with current City Project base mapping information and associated data/reports. Task 3 — Preliminary (50%) Design This task covers the efforts and includes the anticipated work necessary to develop Preliminary (50%) Design submittal package for the City Project: 3.1 Preliminary (50%) Design/Stormwater Rehabilitation Plans. The 50% Plans for the selected stormwater utility repairs are anticipated to consist of 16 total plan sheets, with some variation possible as required to accommodate all required plan elements. 3.2 Incorporate all comments received during the Conceptual (10%) Design Review meeting. 3.3 Prepare Engineer's OPCC for proposed stormwater rehabilitation efforts based on preliminary (50%) design. 3.4 Prepare a draft Bid Schedule and list of planned special provisions to be included in the Pre -Final (90%) Design draft Project Manual. 3.5 Preliminary (50%) Design Review Meeting: The purpose of this meeting is to confirm design elements shown in the preliminary design plans prior to proceeding with continued design development. Deliverables: • Preliminary (50%) Plans (PDF, Full Size) • Preliminary (50%) Project Manual (Word and PDF) including: o City's Standard "Front End" Documents o City Standard Supplemental Special Provisions (outline only) o Draft Bid Schedule City of Edmonds Phase 4 Page 4 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 199 2.11.a EXHIBIT A o Required Appendices (outline only) Preliminary (50%) Engineer's OPCC Assumptions: Stormwater Rehabilitation Plans are anticipated to include one (1) or more sites per individual sheet, varying per the proposed length of CIPP lining. KPG will coordinate with the City to select suitable CIPP curing technologies. UV or Steam -cured CIPP lining will be prioritized over other methods in accordance with historic City preference. KPG will utilize City general CIPP Special Provisions as a basis for developing stormwater-specific CIPP Special Provisions. Once the design decisions have been made at the Conceptual (10%) Design Review Meeting, subsequent "significant" changes to these decisions/the project design (e.g. pursuance of rehabilitation methods other than trenchless CIPP lining, including pipe and/or catch basin replacement) will be considered out of scope work. Task 4 — Pre -Final (90%) Design This task covers the effort required to prepare Pre -Final (90%) Design PS&E submittal for the City Project: 4.1 Develop Pre -Final (90%) Stormwater Rehabilitation Plans, incorporating all comments received during the Preliminary (50%) Design Review Meeting. 4.2 Developing the Pre -Final (90%) Project Manual. This includes the City's standard "Front End" documents, City standard Bid Forms, required City GSP's, Project Special Provisions, and Technical Specifications (including storm -specific CIPP special provisions) as an Appendix in the Special Provisions. 4.3 Engineer's Pre -Final (90%) OPCC: revised based on the Pre -Final (90%) Design/PS&E package and prior City comments. 4.4 Pre -Final (90%) Design Review Meeting: The purpose of this meeting is to conduct a working review of the Pre -Final (90%) Design/PS&E. The comments, discussion, and decisions from this meeting will be incorporated into the final PS&E/Bid package. 4.5 Perform a constructability review of the Pre -Final (90%) Design/documents by KPG's Construction Management group. Deliverables: Pre -Final (90%) Plans (PDF, Full Size) Pre -Final (90%) Project Manual (Word and PDF) including: o City's Standard "Front End" Documents o City Standard Supplemental Special Provisions, as applicable o Bid Schedule o Appendices Engineer's OPCC based on 90% Plans and Draft Project Manual (Excel and PDF) • Bid Quantity tabulations for each bid item per layout sheet City of Edmonds Phase 4 Page 5 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 200 2.11.a EXHIBIT A Assumptions: Applicable City and/or WSDOT Standard Plans will be included in the Design Plans Task 5 — Final Design/Bid Documents This task covers the efforts required to prepare final designibid documents for the City Project: 5.1 Develop the Final Design/Bid Documents. This includes all the documents defined previously. 5.2 Engineer's OPCC: revised based on final designibid documents and City comments. Deliverables: Final Design Plans (PDF, Full Size) Final Project Manual/Bid Documents (Word and PDF) including: o City Standard "Front End" Documents o City Standard Supplemental Special Provisions, as applicable o Bid Schedule o Appendices Engineer's Final OPCC • Final Bid Quantity tabulations for each bid item per layout sheet • CADD or C3D Files Assumptions: N/A Task 6 — Assistance/Support During Bid Period (Limited) This task includes efforts to provide assistance and support to the City on an as needed/requested basis during the bid period. Efforts under this task may include: 6.1 Attend a pre -bid conference for the City Project and provide support regarding the agenda. 6.2 Prepare addenda and respond to bidders' questions. 6.3 Other potentially, if/as requested. Deliverables: Pre -bid conference specific agenda items in word format • Addenda documents (if necessary) • Recommendation of Award and backup documentation (word and PDF), if requested Assumptions: • The Consultant will not charge for work to prepare addenda if they are needed to correct or verify errors or omissions in the final plans and specifications. City of Edmonds Phase 4 Page 6 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 201 2.11.a EXHIBIT A The actual assistance/support needed during the bid period is unknown at this time, and therefore a provisional budget allowance of approximately $5,000 is included. Efforts beyond this amount will be considered extra (beyond scope) work unless otherwise mutually agreed upon and will be authorized separately by the City via the management reserve, amendment, or other contract as may be appropriate. Task 7 — Management Reserve A Management Reserve has been established for this project to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs or reimbursing KPG for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing by the City, prior to KPG expending any effort on such services, and shall not exceed $13,000. ADDITIONAL SERVICES It may be necessary for KPG to provide services in addition to those outlined above as requested and approved by the City. It is assumed that additional services could include tasks such as additional design elements, construction engineering support, and/or other work tasks not included in the Scope of Work. At the time these services are required, KPG shall provide the City with a detailed Scope of Work and an estimate of costs. KPG shall not proceed with the work until the City has authorized the work and issued a written Notice to Proceed. City of Edmonds Phase 4 Page 7 KPG Psomas 2024 Stormwater Utility Rehabilitation Project June 2023 Packet Pg. 202 2.11.a PSOMAS EXHIBIT B CONSULTANT LEVEL OF EFFORT / FEE ESTIMATE Client: City of Edmonds Project: Phase 4 2024 Stormwater Utility Rehabilitation Project KPG Psomas Project Number: Date: 6/2/2023 Task No. Task Description Labor Hour Estimate Total Hours and Labor Cost Computions by Task - ry w u m m U m y a m JK SW KP VS $261.00 $149.00 $140.00 $186.00 $138.00 $103.00 Hours Totals Task 1 - Management/Coordination/Administration 1.1 JProject Management and Administrative Services (9 Months) 8 16 8 32 $ 5,216.00 1.2 Kick-off Meeting 2 4 6 $ 1,098.00 1.3 Prepare and Attend Coordination / Progress Meetings (4 Meetings) 4 6 6 16 $ 2,738.00 1.4 QA/QC Reviews 8 12 20 $ 3,796.00 1.5 JPrepare and Submit Monthly Invoices (9 Months) 9 9 18 $ 2,268.00 1.6 IDevelop and Update Project Schedule 2 8 10 $ 1,694.00 Task Total 24 66 6 0 0 17 102 $ 16,810.00 Task 2 - Project Assessment and Conceptual (10%) Design 2.1 Site Visits with City Staff 8 8 16 $ 3,200.00 2.2 Base Mapping Data Collection & Review 2 6 8 16 $ 2,516.00 2.3 Supplementary Reports Review 1 2 4 7 $ 1,109.00 2.4 Existing Easement Documentation Review 1 2 4 7 $ 1,109.00 2.5 CCTV Logs & Videos Review 2 6 12 20 $ 3,076.00 2.6 Assessment of CIPP Suitability per Provided CCTV Data 4 12 16 $ 2,792.00 2.7 Prepare CIPP Suitability Memo & 10% Design OPCC 2 8 14 24 $ 3,654.00 2.8 Attend Conceptual (10%) Design Review Meeting 2 4 2 8 $ 1,378.00 Task Total 22 48 1 44 0 0 0 114 $ 18,834.00 Task 3 - Preliminary (50%) Design 3.1 JPrepare Preliminary (50%) Design Plans 12 38 70 50 170 $ 25,374.00 3.2 Incorporate All Comments Received During Conceptual (10%) Design Meeting 1 6 8 14 $ 2,014.00 3.3 Prepare Engineer's Preliminary (50%) OPCC 2 8 12 22 $ 3,374.00 3.4 Prepare Draft Bid Schedule and List of Planned Special Provisions 2 6 8 6 22 $ 3,134.00 3 lAttend Preliminary (50%) Design Review Meeting 1 2 4 2 8 $ 1,378.00 Task Total 18 62 100 0 50 6 236 $ 36,274.00 Task 4 - Pre -Final (90%) Design 4.1 JPrepare Pre -Final 90% Design Plans 16 35 40 20 111 $ 17,591.00 4.2 Pre are Pre -Final 90% Project Manual 6 36 48 4 94 $ 14,002.00 4.3 Pre are En inear's Pre -Final 90% OPCC 2 8 12 22 $ 3,374.00 4.4 Attend Pre -Final 90% Design Review Meeting2 4 2 8 $ 1,378.00 4.5 lConstructability Review of Pre -Final 90% Design/Documents 8 8 1 $ 1,480.00 Task Total 26 83 102 8 20 4 243 $ 37,826.00 Task 5 - Final Design/Bid Documents 5.1 Prepare Final Design/Bid Documents 12 1 28 38 0 10 4 92 S 14,296.00 5.2 Prepare Final Engineer's OPCC 2 8 12 22 S 3,374.00 Task Total 14 36 60 0 10 4 114 $ 17,670.00 Task 6 - Asistance/Support During Bid Period (Limited) 6.1 Prepare for and Attend Pre -Bid Conference 2 4 2 8 $ 1,378.00 6.2 Prepare Addenda and Respond to Bidders' Questions 2 4 6 12 $ 1,938.00 6.3 lAddifional Support (As Requested) I I $ 1,500.00 Task Total 4 1 8 1 8 1 0 1 0 1 0 1 20 1 $ 4,816.00 Task 7 - Management Reserve General $ 13,300.00 Task Total $ 13,000.00 Total Labor Hours and Feel 108 1 292 1 310 1 8 1 80 1 31 829 $ 144,229.00 Subconsultants $ Subtotal $ Administrative Charge (5%) $ Total Subeonsultant Expense $ - Reimbursable Direct Non -Salary Costs Mileage at current IRS rate $ 250.00 Re roduction Allowance $ 250.00 Total Reimbursable ExpenseExpensel $ 600.00 Total Estimated Budgetl $ 144,729.00 Packet Pg. 203 2.11.b Phase 4 (2024) Storm Rehabilitation 8 Phase 4 Storm Rehab Sites 18700 Block of Talbot PI SW east of 88th Ave St east of Sunset Ave S north of Main St between Sunset and 2nd Ave 5th Ave S from Maple St to Walnut St Walnut St from 5th Ave S to 6th Ave SI Forsyth from 5th Ave S to 6th Ave 6th Ave S from Forsyth to Fir PL J 196th St SW between 88th Ave W and 84th Ave WI 1236th East of HWY 99t_ 206th St SW between 79th Ave W & 80th Ave W Mth Ave W north of 206th St SW Packet Pg. 204 2.12 City Council Agenda Item Meeting Date: 06/13/2023 Professional Services Agreement for Phase I of the Storm and Surface Water Comprehensive Plan Update Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to consent agenda for approval Narrative Herrera was selected in previous Request for Qualifications (RFQ) process to update the Storm and Surface Water Comprehensive Plan (SSWCP). This initial phase of the project includes: • Drafting Goal and Policies for the SSWCP. • Identifying areas of recurrent flooding that require capital investments to provide relief to residents and business. • Having a robust community engagement process to get feedback on draft Goals/Policies and flooding issues. The Goals will update the existing ones that are in the City's current Comprehensive Plan (Storm & Surface Water Management section of the City Comprehensive Plan's Utilities Element); see Attachment 1 for the current Goals. The final updated Goals will be merged into the ongoing update of the Citywide Comprehensive Plan (required to be completed by the end of 2024). These updated Goals and accompanying Policies will form the basis for the SSWCP. See Attachment 2 for current Goals & Policies from the 2010 Plan. The initial community engagement will help formulate SSWCP Goals and Policies and identify recurring flooding issues to be addressed will include: - Identifying key stakeholders to include in the process. - Assemble a Project website that will be the repository for all project documents, including announcements for all Public Meetings, ways to get involved, and how to communicate concerns to City Staff. - An initial survey to get the Public's thoughts on storm and surface water issues that will influence development of draft Goals/Policies and selected flooding issues to prioritize. - At least two City Workshops to present draft Goals/Policies and areas to address recurring flooding. These workshops will solicit input on the material presented from residents, Packet Pg. 205 2.12 business owners, and other stakeholders. - City Staff will have a booth at the day -long Community Fair on August 6 to solicit input the community in a more casual environment. Additional Community Engagement will occur during subsequent phases of developing the SSWCP. Once this phase is completed the next phase of this project is to develop Programs, Capital Projects, and additional Maintenance Practices that meet the Goals and Policies. A financial and staffing analysis will accompany the development of the recommended Programs, Capital Projects, and additional Maintenance Practices that will form the basis for the draft SSWCP. The Scope of Work for the Phase I services is attached as Exhibit A of the agreement. The consultant fee for these services is $127,848 (including a $12,320 management reserve). The agreement will be funded by the Stormwater Utility Fund. Subsequent amendment(s) will be needed to complete the SSWCP based on results from Phase I. Attachments: Attachment 1 - Current Plan Attachment 2 - Goals & Policies Attachment 3 - Agreement Packet Pg. 206 2.12.a An implementation plan is provided as part of the adopted Sanitary Sewer Comprehensive Plan. This includes an estimated timeline for constructing selected projects that are in need of maintenance or upsizing. The financial analysis includes asset management of the system along with a utility rate structure to support the policies and goals set forth in the Sanitary Sewer Comprehensive Plan. Similar to the Water Utility, the Sewer Utility includes a program to convert from debt -financing pipe replacements to one where the program can be funded directly from rate revenues. Sanitary Sewer System Goals and Policies The City's policy for sewer service recognizes its function is not to determine allowable land uses within its service area but to respond to the capacity and service levels needs necessary to support the land uses approved in the City's land use planning processes. Development of the City's Comprehensive sewer plan has been guided by policies adopted by the City Council and coordinated with the sewer plans from adjacent agencies. The adopted Comprehensive Sanitary Sewer Plan provides guidance to the City for management and operation of its sewer system and sets the timing for expansions and upgrades to sewer infrastructure over the next twenty years. The City's adopted Plan serves as a guide for policy development and decision making for the City. It also provides other agencies and the public with information regarding the City's plans for sewer system extensions within its service area. This approach allows the City to maintain its goal of providing high quality service to its customers while protecting environmental quality, primarily the water quality of both Puget Sound and the coastal streams located in Edmonds. Chapter 2.5 of the Comprehensive Sanitary Sewer Plan (2013) includes specific policies for managing the system. Storm and Surface Water Management The City owns and operates an extensive system of drainage pipes and ditches to convey stormwater runoff to streams, lakes, and Puget Sound in a manner designed to prevent and minimize damage to private property, streets, and other infrastructure. A more detailed description of this system is contained in the adopted Storm & Surface Water Management Comprehensive Plan (2010). Due to extensive alteration of the natural landscape in most areas of the City, the amount of stormwater that runs off the land in larger storm events is substantial, and runoff in all storm events carries a variety of pollutants that wash off of their source areas into receiving waters. The City is faced with the challenge of conveying stormwater runoff safely and cost-effectively while preventing or minimizing adverse high flow impacts (erosion, flooding, and sediment deposition), water quality degradation in lakes and streams receiving runoff, and degradation of aquatic habitat caused by high flows and water quality degradation. Local governments manage their stormwater under a permit issued by the state Department of Ecology that stems from the Federal Clean Water Act. For many cities in Western Washington, such as Edmonds, the permit is the Western Washington Phase II Municipal Stormwater Permit. This Permit "permits" the City to discharge its collected stormwater into streams, lakes, and Puget Sound if a series of programs and activities are implemented to help improve water quality. This Permit has and will continue to have a significant impact on the workload and operational budget of the Public Utilities 132 Packet Pg. 207 2.12.a Works Department. Approximately 2/3 or more of the total stormwater operational budget is spent on permit -related compliance programs. Storm & Surface Water System Goals & Policies Goal and policies for the system are contained in the Storm & Surface Water Management Comprehensive Plan (2010). The goals are summarized below. Each key goal in this element (or section) is identified by an alphabet letter (for example, "D"). Goals are typically followed by associated policies and these are identified by the letter of the goal and a sequential number (for example, "D.2") Storm and Surface Water Management Goal A. Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: • Provide for public safety; • Minimize property damage; • Preserve and enhance° critical areas; • Promote sustainability; • Comply with applicable local, state, and Federal regulations. Storm and Surface Water Management Goal B. To preserve, protect, and (where feasible) restore surface water resources to provide beneficial uses to humans, fish, and wildlife. Storm and Surface Water Management Goal C. Use public education to increase understanding of sustainability and other environmental values to help protect surface water resources. Storm and Surface Water Management Goal D. Provide adequate funding through an equitable stormwater utility rate structure and outside funding sources to support necessary programs (including an asset management -based replacement program) that meet goals A, B, and C. To accomplish these goals, the City developed guiding policies for the flood protection, water quality, aquatic habitat, and stormwater utility funding program areas. More detailed language for goals and polices are in the current adopted version of the Storm and Surface Water Comprehensive Management Plan. The enhancement of critical areas typically occurs through the planting of native vegetation, the daylighting of creeks, restoration of habitat, and/or other methods found to improve the critical area's functions and values. Utilities 133 Packet Pg. 208 2.12.b STORM AND SURFACE WATER MANAGEMENT COMPREHENSIVE PLAN City of Edmonds `nc. I009V City of Edmonds Public Works Department/Engineering Division Approved by City Council on July 6, 2010 October 2010 Packet Pg. 209 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds this plan details the specific permit requirements and their impact on the City's stormwater management program. 1.3 Plan Goals and Policies Goal and policies have been developed to guide the Utility to tackle the issues at hand. These goals and polices, once approved by the City Council, will replace those in the listed in the "Water Resources and Drainage Management" land use element of the City's current Comprehensive Plan (Edmonds 2009). These current goals and policies were first approved in 1985. Over the past 25 years, the practice of stormwater management has changed significantly. These new goals and policies reflect that change. Once this plan is approved by Council, it will be incorporated by reference in the Utility Element section of the City's Comprehensive Plan. Four goals have been developed by the City for this plan: 1. Goal A: Manage the storm and surface water system by combining preservation of natural systems and engineered solutions to: ❑ Provide for public safety ❑ Minimize property damage ❑ Preserve and enhance critical areas ❑ Promote sustainability ❑ Comply with applicable local, state, and Federal regulations 2. Goal B: To preserve, protect, and (where feasible) restore surface water resources to provide beneficial uses to humans, fish, and wildlife. 3. Goal C: Use public education to increase understanding of sustainability and other environmental values to help protect surface water resources. 4. Goal D: Provide adequate funding through an equitable stormwater utility rate structure and outside funding sources to support necessary programs that meet goals A, B, and C. To accomplish these goals, the City developed guiding policies for the flood protection, water quality, aquatic habitat, and stormwater utility funding service areas. Guiding policies for each service area are described below. 1.3.1 Service Area 1: Flood Protection The flood protection (FP) service area is designed to meet Goals A and C by establishing the following policies: It 08-04140-000 edmonds sw comprehensive plan Herrera Environmental Consultants 1-4 October 14, 2010 Packet Pg. 210 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds ■ FP-1: Comply with all applicable, relevant, and appropriate requirements from the Federal, state, and local governments related to flood protection. ■ FP-2: Preserve and protect natural surface water storage sites, such as wetlands, aquifers, streams, and water bodies that help regulate surface flows and recharge groundwater. ■ FP-3: Resolve long-standing flooding issues and minimize new flooding impacts to homes, businesses, and other facilities. Ensure adequate stormwater conveyance for existing and anticipated development for the 50-year recurrence event. ■ FP-4: Restrict the water runoff rate from new development to a rate that does not damage downstream resources (usually the same rate as predevelopment conditions). More restrictive requirements may apply to substantial redevelopment of parcels that were originally developed under nonexistent or outdated stormwater control standards and contain large areas of impervious surfaces, have a high percentage of total impervious surfaces, or have identified drainage or water quality problems. ■ FP-5: Work with the City's Development Services Department to promote use of low impact development (LID) techniques and other sustainable elements in site designs. These LID techniques promote minimization of runoff rate and volume by limiting the size of the building footprint and total site coverage, thereby reducing impervious surfaces, maximizing the protection of permeable soils and native vegetation, and encouraging use of permeable pavements and surfaces where appropriate. ■ FP-6: Allow and encourage the use of LID stormwater best management practices (BMPs) for flow control to mitigate increases in runoff rates created by development and redevelopment, where feasible. ■ FP-7: Property owners shall be responsible for the maintenance of stormwater flow control facilities located within the boundaries of their property. The City shall monitor and enforce this requirement and shall be responsible for the maintenance of facilities within City owned property and public right-of-ways. The City will work with property owners and maintenance providers to see that the waste due to maintenance of these facilities and structures is disposed of properly. ■ FP-8: Where feasible, stormwater flow control facilities, such as retentioncc and detention ponds, should be designed to provide supplemental benefits, a such as wildlife habitat, water quality treatment, and passive recreation. E It 08-04140-000 edmonds sw comprehensive plan October 14, 2010 1-5 Herrera Environmental Consultants Packet Pg. 211 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds FP-9: Increase public knowledge of stormwater runoff issues and support public involvement in the City's stormwater management program. ■ FP-10: Cooperate with the Washington State Department of Ecology (Ecology) and neighboring jurisdictions, including participation in regional forums and committees, to improve regional surface water management and resolve related inter jurisdictional flooding concerns. 1.3.2 Service Area 2: Water Quality The water quality (WQ) service area is designed to meet Goals A and C by establishing the following policies: ■ WQ-1: Implement the required provisions of Ecology's NPDES Phase II permit to protect receiving water quality from degradation caused by runoff from the City's municipal stormwater system. ■ WQ-2: Comply with other all applicable, relevant, and appropriates requirements from the Federal, state, and local governments related to water quality. ■ WQ-3: Protect water quality by requiring BMPs for runoff treatment for new development and redevelopment projects. More restrictive requirements may apply to substantial redevelopment of parcels that were originally developed under nonexistent or outdated stormwater control standards and contain large areas of impervious surfaces, have a high percentage of total impervious surfaces, or have identified drainage or water quality problems. ■ WQ-4: Work with the City's Development Services Department to promote use of LID techniques in site designs. These LID techniques and other sustainable elements promote minimization of runoff rate and volume, thereby reducing pollutant loading to receiving waters. This can be accomplished by limiting the size of the building footprint and total site coverage, minimizing impervious surfaces, maximizing the protection of permeable soils and native vegetation, and encouraging use of permeable pavements and surfaces, where appropriate. ■ WQ-5: Allow and a encourage the use of LID stormwater BMPs for stormwater quality treatment to mitigate for potential increased pollutant loading to receiving waters created by development and redevelopment ■ WQ-6: Protect water quality through the continuation and possible E expansion of the street sweeping program. M It 08-04140-000 edmonds sw comprehensive plan Herrera Environmental Consultants 1-6 October 14, 2010 Packet Pg. 212 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds ■ WQ-7: Protect water quality by educating citizens about proper waste disposal and eliminating pollutants that enter the stormwater system as a result of lawn and garden maintenance, car cleaning or maintenance, roof cleaning or maintenance, or direct disposal into storm drains. ■ WQ-8: Property owners shall be responsible for the maintenance of stormwater flow control facilities located within the boundaries of their property. The City shall monitor and enforce this requirement and shall be responsible for the maintenance of facilities within City owned property and public right-of-ways. The City will work with property owners and maintenance providers to see that the waste material that is generated and collected in maintenance of these facilities and structures is disposed of properly. ■ WQ-9: Cooperate with Ecology and neighboring jurisdictions, including participation in regional forums and committees, to improve regional surface water quality issues solve related inter jurisdictional concerns. 1.3.3 Service Area 3: Aquatic Habitat The aquatic habitat (AH) service area is designed to meet Goals A, B, and C by establishing the following policies: ■ AH-1: Comply with all applicable, relevant, and appropriate aquatic habitat requirements from the Federal, state, and local governments. ■ AH-2: Actively participate in regional species protection efforts, including salmon habitat protection and restoration. ■ AH-3: Protect critical wildlife habitat, such as wetlands, from the negative effects of uncontrolled stormwater runoff form development and redevelopment. This protection includes habitats or species that have been identified as priority species or priority habitats by the Washington Department of Fish and Wildlife (WDFW). Habitats and species of local importance will also be protected. ■ AH-4: If wetlands are used as part of a storm drainage system, ensure that water level fluctuations are similar to fluctuations in natural conditions, and that water quality standards are met before discharging stormwater into a wetland. ■ AH-5: Habitat restoration efforts should focus on areas that will result in the greatest benefit to the resource, and that have been identified by the E City as a priority for restoration. The restoration of the Edmonds Marsh shall be one of the highest priority aquatic habitat projects. It 08-04140-000 edmonds sw comprehensive plan October 14, 2010 1-7 Herrera Environmental Consultants Packet Pg. 213 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds AH-6: Develop basin stewardship and education programs to prevent surface water impacts and identify opportunities for restoration. The following issues should be considered when formulating plans and implementing projects which have the potential to impact stream basins: public access, respect for private property, restoration of the feature to a more natural state, retention of native vegetation, improvement of surface water management in the basin, improvement of fish habitat and channel substrate, and streambank stabilization. ■ AH-7: Identify surface water features with restoration potential and attempt to involve citizens and obtain community consensus on any future attempt to restore altered features. Restoration efforts may include the daylighting of streams which have been diverted into underground pipes or culverts. ■ AH-8: Solutions to stream habitat problems should first protect and preserve existing habitat, then enhance and expand habitat in areas where wild anadromous fish are present, and lastly enhance and expand habitat in areas where other wild fish are present. ■ AH-9: The City shall work with citizens and watershed interest groups and cooperate with King County, Snohomish County, and other local governments, regional governments, state agencies, and Indian tribes in developing and implementing watershed action plans and other types of basin plans for basins which include or are upstream or downstream of the City. 1.3.4 Service Area 4: Stormwater Utility Funding The Stormwater Utility Funding (SWUF) service area is designed to meet Goals A, B, C, and D by setting forth the following policies: ■ SWUF-1: The Stormwater Utility will have primary authority and responsibility for funding the implementation of this plan, including: ■ Responsibilities for planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities. ■ Establishing standards for design, construction, and maintenance of improvements on private property where these may affect storm and surface water management. ■ Implementation of water quality and aquatic habitat policies. E M Q It 08-04140-000 edmonds sw comprehensive plan Herrera Environmental Consultants 1-8 October 14, 2010 Packet Pg. 214 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds ■ SWUF-2: All parcels in the City will be charged a fee —set by the City Council —that will be used to fund stormwater programs detailed in this plan. The rate will be based on the number of Equivalent Service Units (ESU) on each parcel. One ESU shall represent 3,000 square feet of impervious area. All zoning types except single family residential shall be charged based on the actual impervious surface area on the parcel at the rate defined by City Council per one ESU. The minimum charge shall be one ESU. ■ SWUF-3: Each single family parcel shall be charged the rate for one ESU, regardless of the actual impervious surface area on the parcel. The Public Works Director may impose a fee larger than one ESU on any single family parcel causing an unreasonable burden on the storm or surface water system. ■ SWUF-4: Acknowledge that all residents benefit from using the paved (impervious) surfaces within the City's right-of-ways, and that these impervious surfaces create a significant burden and cost to the City's stormwater system and must be adequately funded to maintain them and comply with applicable federal, state and local water quality regulations. ■ SWUF-5: In addition to any other charge prescribed by this utility, a stormwater management system development charge shall be paid prior to the issuance of any building permit or development permit issued under the Edmonds Community Development Code (ECDC) by the owner of any property, residential dwelling unit, or other structure that may hereafter be constructed in the city which benefits from the stormwater utility system constructed by the city. The stormwater management system development charge shall be set by City Council based on the number of ESU added to or created by the permit. ■ SWUF-6: The Public Works Director shall make adjustments to utility rates in accordance with the following provisions: ■ Upon written application, a customer may request review of the utility fee. The applicant shall state the specific conditions and/or facilities on the site which the applicant feels warrants adjustment of the rate as applied to the property. ■ The Public Works Director shall have the authority to increase or decrease rates up to 50 percent of the level set by City Council. Factors personal to the property owner, such as ability to pay, shall not be considered. The sole criteria for rate adjustment shall be a determination that the physical characteristics of the site and in particular the stormwater detention, retention or treatment facilities as installed thereon by the owners, or lack It 08-04140-000 edmonds sw comprehensive plan October 14, 2010 1-9 Herrera Environmental Consultants Packet Pg. 215 2.12.b Storm and Surface Water Comprehensive Management Plan —City of Edmonds thereof, have significantly either increased the burden which the property places upon the City's stormwater utility (in the event of an increase) or decreased the burden (in the event of a decrease) by providing additional benefits over and above those which the average property places upon the utility through onsite improvements including but not limited to onsite pollution control mechanisms or water quality technologies and the property's impact upon the city's stormwater management system. ■ SWUF-7: If the owner of a single family parcel qualifies for a "low income senior citizen exemption" as determined by the County Assessor under RCW 84.36.381, they are exempt paying from a utility fee as long as the owner remains a "low income senior citizen." It shall be the responsibility of the property owner to demonstrate qualifications for this fee exemption. ■ SWUF-8: Acknowledge that any new or replaced City -owned transportation project will be required to comply with all stormwater management requirements in ECDC 18.30. In meeting these requirements, the transportation projects will incur significant costs. To offset these costs, a fixed amount each year would be funded though the stormwater utility and reflected in the rate structure. Any unused portion at the end of a given year would rollover to be combined with the next year's fixed amount. ■ SWUM: The City shall actively seek outside funding to leverage or complement utility funds in order to implement this Plan such as: ❑ Local, state and federal grants ❑ Loans such as from the Public Works Trust Fund ❑ Future bond measures ❑ Other cross jurisdictional funding mechanisms 1.4 Information Sources Significant research was conducted to develop this Plan. Past studies were reviewed for information on drainage, water quality, and aquatic habitat problems, and to evaluate the existing surface water management program. To supplement existing drainage and water quality problem information and recent documentation of the status of the City's stormwater program, Herrera Environmental Consultants (Herrera) conducted workshops with City staff on January 20, 2009 at the Public Works facility and February 2, 2009 at City Hall to discuss the plan. A stormwater management program (SWMP) status survey was used to facilitate the workshop. A copy of the status survey and a list of workshop attendees are included in the "gap analysis" documentation in Appendix B. It 08-04140-000 edmonds sw comprehensive plan Herrera Environmental Consultants 1-10 October 14, 2010 Packet Pg. 216 2.12.c CITY OF EDMONDS MIKE NELSON 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 • FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Herrera Environmental Consultants, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide Storm and Surface Water Management Comprehensive Plan Update services with respect to the Stormwater Management Action Plan project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED TWENTY- SEVEN THOUSAND EIGHT HUNDRED AND FORTY-EIGHT DOLLARS ($127,848.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. Packet Pg. 217 2.12.c C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 218 2.12.c 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Pg. 219 2.12.c 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant Packet Pg. 220 2.12.c agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Herrera Environmental Consultants 2200 Sixth Avenue, Suite 1100 Seattle, WA 98121 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of 2023. CITY OF EDMONDS HERRERA ENVIRONMENTAL CONSULTANTS Michael J. Nelson, Mayor Theresa Wood, Vice President ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 221 2.12.c STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 222 2.12.c APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 223 2.12.c APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 224 2.12.c (V8HERRERA • Science + Planning + Design EXHIBIT A. SCOPE O F WORK CITY OF EDMONDS STORM AND SURFACE WATER MANAGEMENT COMPREHENSIVE PLAN UPDATE - PHASE 1 The City of Edmonds (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate outlining services that Herrera will provide to support the update of the City's Storm and Surface Water Management Comprehensive Plan (plan). Rebecca Dugopolski is Herrera's project manager for this project. Jerry Shuster is the City's project manager. This scope of services includes a discussion of the activities, assumptions, deliverables, and a schedule associated with Phase 1 of this project, which is anticipated to include the following: Task 1.0 — Project Management/Contract Administration ........................... Task2.0 — Data Review..........................................................................................................................2 Task 3.0 — Develop Draft Goals and Policies.................................................................................4 Task 4.0— Community Engagement (Phase 1).............................................................................4 Task 5.0 — Preliminary Evaluation of Flooding Issues.................................................................6 Task6.0 — Contingency..........................................................................................................................8 ProjectBudget...................................................................................................................................................9 ProjectSchedule...............................................................................................................................................9 The Herrera team for Phase 1 of this project includes Herrera, Cascadia Consulting Group (Cascadia), and WSP. Task 1.0 - Project Management/Contract Administration Herrera will be responsible for ongoing management and contract administration of this project, including preparing monthly invoices, as well as coordination of work efforts with the City's project a June 1, 2023 Page 1 of 10'� sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 225 2.12.c SCOPE OF WORK manager (Jerry Shuster). Herrera's project manager and contract manager will have phone and e-mail contact with the City's project manager and other City representatives on an as -needed basis with regard to scope, schedule, budget, and invoicing issues. This task also includes a project kickoff meeting and regular check -in meetings between the Herrera and City project manager. These meetings are in addition to task -specific meetings outlined in previous tasks Assumptions • Check -ins will occur on a monthly basis at a minimum, but can be scheduled more frequently (every 2 weeks) as needed. Meetings will be conducted via conference call (or Microsoft Teams) • Herrera and the City will provide contact information for project manager back-ups should primary contact(s) be unavailable. Deliverables • Draft and final detailed schedule (Microsoft Project) • Project kickoff meeting with City project manager and Herrera project manager 0 Monthly (or more frequent) check -in meetings with City project manager and Herrera project manager • Monthly invoices and progress reports Task 2.0 - Data Review The Herrera team will coordinate with the City's project manager, and other City staff, to gather and evaluate applicable data, reports, maps, financial information, and policy information developed since the previous plan. The Herrera team will review the following information, if available: • City of Edmonds 2019 Urban Forest Management Plan • City of Edmonds 2020 Comprehensive Plan • City of Edmonds 2023 Climate Action Plan • Edmonds City Code (ECC) and Community Development Code (ECDC) • City of Edmonds 2022 Stormwater Addendum • City of Edmonds 2022 Parks, Recreation, and Open Space (PROS) Plan June 1, 2023 Page 2 of 10 V sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 226 2.12.c SCOPE OF WORK • City of Edmonds 2010 Storm and Surface Water Management Comprehensive Plan • 2020, 2021, and 2022 Stormwater Management Program (SWMP) Plan • 2019, 2020, and 2021 NPDES annual report submitted to Ecology • Stormwater CIP carry-over list • Pipe rating data from third party pipe rating of video data • Dayton Street SR104 Storm Drainage Alternatives (SAIC, August 2013) • Expanded Marsh Concept Design and Hydraulic Modeling Report: Willow Creek Daylight Project (Shannon & Wilson, June 2019) • Lake Ballinger "State of the Lake" Report (Mike Shaw, September 2014) • Perrinville Creek Stormwater Flow Reduction Retrofit Study (Tetra Tech, February 2015) • Perrinville Basin Plan (RW Beck, 1998) • Meadowvale Drainage Investigation (RW Beck, April 2000) 0 Water Quality Sampling Results in Support of the Willow Creek Daylighting / Edmonds Marsh Restoration (Shannon & Wilson, March 2019) 0 Olympic View Wellhead Protection documents • Geographic information system (GIS) data including existing stormwater system, drainage basins, soils, water resources, utilities, land uses, aerial photos, wellhead protection areas, streets, topography, zoning, tax lots, buildings, public stormwater facilities, and private stormwater facilities • Information on the City's stormwater operations and maintenance (O&M) program • Salmon Safe Report on City operations (if/when available) Assumptions • The City will provide the requested information for Task 2.0 or will direct the Herrera team to readily available electronic data sources as appropriate. • The review scoped for this task will focus on a high-level review (up to 24 hours total) identifying data gaps and identifying significant content relevant to the plan. This is not intended to be an in-depth review. r Q June 1, 2023 Page 3 of 10 A sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 227 2.12.c SCOPE OF WORK Deliverables • E-mail communication identifying data gaps and requesting additional data (if needed). Task 3.0 - Develop Draft Goals and Policies Herrera will review the goals and policies included in the City of Edmonds 2010 Storm and Surface Water Management Comprehensive Plan and make recommendations for updates to the goals and policies for this project. The preliminary draft goals and policies will be reviewed by the City prior to sharing with the public as part of Task 4.0. The preliminary draft goals and policies will be updated following Phase 1 of Community Engagement. Assumptions Two virtual working meetings will be scheduled with the City (up to 1 hour each) to review the preliminary draft goals and policies and the revised draft goals and policies. Deliverables • Preliminary draft goals and policies (electronic [Word]) • Revised draft goals and policies (electronic [Word]) Task 4.0 - Community Engagement (Phase 1) Community engagement is an important component of a Storm and Surface Water Management Comprehensive Plan. In order to gather important public input that will help direct the scope and contents of the plan update, the City has elected to gather public input prior to fully scoping the plan update contract. Cascadia and Herrera staff will meet with the City project team early in the project to strategize effective methods of public involvement and to plan scheduling and logistics. A draft public participation plan will be prepared that outlines the approach for public involvement, including key stakeholder groups. The draft public participation plan is anticipated to include the following outreach activities as part of Phase 1: • Project introduction on the Storm and Surface Water Management Comprehensive Plan process to be published through the City website and/or newsletter (City lead; Cascadia, and Herrera to provide comments) • Initial survey for public/stakeholder input (Cascadia lead with input from City and Herrera) • Webmap for public/stakeholder input on key problem areas (Herrera lead with input from City) r Q June 1, 2023 Page 4 of 10 V sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 228 2.12.c SCOPE OF WORK • Two virtual public/stakeholder workshops (Cascadia and Herrera to lead; City staff to attend) • Public outreach materials for a booth at the Edmonds Community Fair (scheduled for August 6, 2023) and/or the Edmonds Saturday Market • Follow-up meeting with City staff (Cascadia and Herrera to lead; City staff to attend) The revised draft public participation plan will be prepared after the initial outreach activities and workshops have been completed and will include proposed outreach activities for Phase 2. Assumptions • Virtual kickoff meeting (1-hour) with the City project team to discuss the public involvement strategy. • Preparation of the public participation plan will be led by Cascadia. The public participation plan is intended to be a short document (5 pages or less) that outlines the public involvement approach and schedule. 0 City staff will identify key stakeholder groups that should be targeted in the public involvement effort. The City will prepare draft webs ite/newsletter language to introduce the project and the public process. Cascadia and Herrera will provide review comments on the draft website/newsletter language. The City will be responsible for posting/publishing the project introduction and status updates related to the project. • The initial survey development will be led by Cascadia and is anticipated to include 10 to 20 questions. 0 City staff will be responsible for advertising for the public/stakeholder workshops. 0 Herrera will lead the preparation of PowerPoint slides for the public/stakeholder workshops with input from Cascadia. • The main topics for public input for Phase 1 are anticipated to include the draft goals and policies (Task 3.0) and identification of recurrent flooded issues (Task 5.0). No additional materials (e.g., handouts) are anticipated to be needed for the virtual public/stakeholder workshops. • Preparation for each public/stakeholder workshop will include two 1-hour coordination meetings and one dry run led by Cascadia, with Herrera staff in attendance. U r r Q June 1, 2023 Page 5 of 10 A sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 229 2.12.c SCOPE OF WORK • Up to 4 Herrera team staff (including up to 2 staff from Cascadia) will participate in the public/stakeholder workshops (assumed to be 1-2 hours long and presented virtually). Cascadia will provide the lead facilitator and IT support for the workshop. • Follow-up meeting with City staff after the public/stakeholder workshops to select elements to be developed into scope and fee documents. Optional tasks will be identified in the scope and fee documents that can be added based on Council discretion, supported by staff recommendations. • Cascadia and Herrera will develop a handout/flyer for the Edmonds Community Fair and/or the Edmonds Saturday Market. City staff will be responsible for staffing the booth at these community events. Deliverables • Draft and revised draft public participation plan (electronic [Word and PDF]) • Review comments on draft language for the City website and/or newsletter • Draft and final handout/flyer for outreach at the community events (electronic [PDF]) • Draft and final survey questions • Draft and final webmap for public/stakeholder input • Draft and final agenda for the public/stakeholder workshops (electronic [Word and PDF]) • Draft and final PowerPoint slides for the public/stakeholder workshops (electronic [PowerPoint and PDF]) • Draft and final meeting notes from the public/stakeholder workshops (electronic [Word and PDF]) • Facilitation of two virtual public/stakeholder workshops • Draft and final meeting notes from the follow-up meeting with City staff • Draft scope and fee documents for elements selected in the follow-up meeting • Final scope and fee documents for elements selected as Council -approved tasks to be included in the plan Task 5.0 - Preliminary Evaluation of Flooding Issues The City will provide the Herrera team with an initial list of locations with recurring flooding issues. The Herrera team shall conduct a preliminary review/assessment for each area and formulate a concept r r design and planning level cost estimate for a capital improvement project (CIP) and/or maintenance Q June 1, 2023 Page 6 of 10 ( if sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 230 2.12.c SCOPE OF WORK strategy to address flooding issues. Additional sites may be added after the Community Engagement (Task 4.0) is completed. City staff and the Herrera team will work together to prioritize up to the top 15 flooding projects for concept designs and estimated costs to be included in the draft Plan. This work will include the following activities: • The City will provide the Herrera team with up to 10 to 15 locations with recurring flooding issues. The City and up to two Herrera team members (including Herrera and WSP) will participate in up to three virtual meetings to walk through the problem locations and prioritize up to 15 locations for further analysis. The Herrera team will collaborate with City to develop simple site prioritization criteria to rank sites for further analysis. A summary table will be prepared that lists all the problem locations, provides a brief description, and includes a brief rationale for either advancing the problem to the priority list or deferring the problem location as a future investigation. • The City will gather and provide the following information for the priority problem locations for Herrera team review: o GIS storm system mapping o As -built design drawing (if available) o Customer complaints (including year(s) of complaint) o Flooding photos or records as available. The Herrera team will conduct brief site visits for up to the 15 priority problem locations to observe site conditions and consider optional solutions. Site visits will be performed by two team members. The Herrera team will identify a concept solution for each priority problem location. In some locations, there may be more than one option. For these priority problem locations, the Herrera team will review the options during a virtual Teams meeting (up to 1.5 hours) with City staff and select a preferred option that will be advanced with a conceptual solution. The intent is to use City input and engineering judgement to select the preferred concept solutions without a formal alternative analysis (i.e., cost comparison and listing advantages/disadvantages). • The Herrera team will prepare a preliminary CIP summary table that is anticipated to include o Problem description o Description of existing system o Discussion of optional solutions considered (if needed) o Description of recommended concept design solution o Planning level cost estimate June 1, 2023 Page 7 of 10 A sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 231 2.12.c SCOPE OF WORK Assumptions • The City shall provide the Herrera team with an initial list of locations with recurrent flooding issues. • Up to three virtual working meetings will be scheduled with the City (up to 1 hour each) to review the list of recurrent flooding problems and to discuss which problem locations to be considered priority as well as concept solutions. • City will provide data listed above to support the analysis. • Property access approvals, if needed, will be provided by the City. • No field/topographic survey is included for the development of concept design solutions. • No hydrologic or hydraulic modeling is included for the development of concept design solutions. • Consideration of infiltration/green infrastructure as a possible solution will rely on City input of infiltration feasibility and available soils mapping. No subsurface explorations are planned for the development of concept design solutions. • No graphics or CAD drawings will be prepared for the concept design solutions. Deliverables • Summary list of recurrent flooding problem locations, noting a priority list, using agreed upon prioritization criteria, for up to the top 15 problem locations (electronic [Word or Excel]). Draft and final preliminary CIP summary table (including a planning level cost estimate) for up to 15 problem locations (electronic [Adobe Acrobat PDF]) Task 6.0 - Contingency The nature of this project is such that additional technical needs may potentially arise that are pertinent to the overall scope of services. However, the specifics of these needs will not be known until some preliminary work has been accomplished. Examples needs could include: • Additional public/stakeholder workshops • Setting up a Konveio site for public comments • Developing additional concept designs for flooding projects June 1, 2023 Page 8 of 10 sj edmonds_sw_comp_plan_phasel-scope _final_20230601 HERRERA Packet Pg. 232 2.12.c SCOPE OF WORK The Herrera team will provide additional services as requested by and authorized by the City, subject to amendment of the approved scope of services. The Herrera team shall submit a scope and fee estimate for supplemental services not covered in previous tasks as may be requested by the City. The City shall provide written authorization to proceed with any supplemental services prior to any such work being performed by the Herrera team. Project Budget The estimated project budget is provided in Exhibit B. Proiect Schedule Task Deliverable/Meeting Timeline 8 Task 1.0 —Project Initial project kickoff meeting June 22, 2023 (TBD) Management/Contract Draft detailed schedule July 3, 2023 Administration Final detailed schedule July 10, 2023 PM check -in meetings July 2023 — Dec. 2023 Monthly invoices and progress reports July 2023 — Dec. 2023 Task 2.0 — Data Review E-mail summary July 28, 2023 Task 3.0 — Develop Draft Preliminary draft goals and policies July 28, 2023 Goals and Policies Conference call #1 Aug. 2023 (TBD) Revised draft goals and policies Aug. 16, 2023 .............................................................................................................................._........................................................................................................................................................................................................................................................... Conference call #2 Aug. 2023 ...TBD .................................................................... ) Task 4.0 — Community Draft public participation plan July 21, 2023 Engagement (Phase 1) Comments on website/newsletter language July 21, 2023 Draft handout/flyer for community events July 21, 2023 Final handout/flyer for community events Aug. 1, 2023 Draft workshop # 1 agenda Aug. 4, 2023 Draft survey questions Aug. 4, 2023 Draft webmap Aug. 4, 2023 Coordination meeting #1 Aug. 9, 2023 (TBD) Draft workshop slides Aug. 16, 2023 Dry run Aug. 23, 2023 (TBD) Final workshop agenda Aug. 25, 2023 Final workshop slides Aug. 25, 2023 Final survey questions Sept. 1, 2023 Final webmap Sept. 1, 2023 Public/stakeholder workshop #1 Sept. 2023 (TBD) Coordination meeting #2 Sept. 2023 (TBD) Public/stakeholder workshop #2 Sept. 2023 (TBD) Draft workshop notes 1 week after workshop June 1, 2023 Page 9 of 10 sj edmonds sw comp_plan_phase1 scope final 20230601 HERRERA Packet Pg. 233 2.12.c SCOPE OF WORK Task Deliverable/Meeting Timeline' Task 4.0 — Community Final workshop notes 2 weeks after workshop Engagement (Phase 1) Follow-up meeting 1 week after workshop (continued) Draft notes from follow-up meeting 1 week after meeting Final notes from follow-up meeting 2 weeks after meeting Revised draft public participation plan Sept. 29, 2023 Draft scope and fee documents Oct. 13, 2023 .............................................................................................................................._.................................................................................................................................................................................................................................................................................................................................................................. Final scope and fee documents Oct. 27, 2023 Task 5.0 — Preliminary Prioritized list of 10 to 15 projects Aug. 18, 2023 Evaluation of Flooding Draft CIP summary table (up to 15 projects) Sept. 29, 2023 Issues Final CIP summary table (up to 15 projects) Oct. 31, 2023 Task 6.0 — Contingency TBD TBD TBD: to be determined a The proposed project timeline assumes that the notice to proceed will be issued on June 13, 2023. June 1, 2023 Page 10 of 10 sj edmonds sw comp_plan_phase1 scope final 20230601 HERRERA Packet Pg. 234 2.12.c �JAHERRERA m O Cost Estimate for City of Edmonds Storm and Surface Water Management Comprehensive Plan Update - Phase 1 N Herrera Project No. 16-06448-000 6/1/2023 Task No. O Project Management/ Data Review Engagement Evaluation of Contingency .- -Community Preliminaryc • m Herrera Labor based on: Burdened Labor Rates Contract and Policies (Phase i) Administration E Schedule Task Start Date • i ��� Task End DateStaff Labor Category 2023 Burdened Labor Rates �' �' • . • . . . �' a1 to Doberstein, Craig Engineer VI $297.93 2 4 6 V Webb, Christopher Engineer VI $293.99 0 6 0 6 Dugopolski, Rebecca Engineer V $259.16 26 4 10 26 6 72 d Fontaine, Matthew Engineer V $259.16 2 4 2 8 30 6 52 Fohn, Mindy Scientist IV $236.56 1 4 6 28 0 6 45 M Wright, Olivia Engineer IV $204.68 2 8 18 30 0 6 64 0 O Chechanover, Julianne Engineer II $151.57 1 0 0 0 30 6 37 N Brown, Jack Engineer II $144.27 1 0 0 62 6 69 N d Stabbing, Rebecca GIS Analyst II $119.10 0 4 16 20 `0 O Holtz, Liza (Mary) Landscape Designer 1 $115.30 0 0 8 4 12 L. Johansen, Sally Project Accountant IV $153.01 8 0 8 Total Hours per Taski _ 41 24 38 1zo 128 40 391 $25,596 $23,031 $7,994 $79,985 Subtotal Labor $9,422 $5,133 $8,809 Subtotal Herrera Labor $9,422 I $5,133 I $8,809 $25,596 $23,031 $7,994 $79,985 G Subconsultants d N Cascadia Consulting Group $0 $0 $17,000 $0 $1,700 $18,700 WSP $0 $0 $0 $25,237 $2,500 $27,737 d 3% Fee on Subconsultants $0 $0 $0 $510 $757 $126 $1,393 d $0 $0 $0 $17,510 $25,994 $4,326 $47,830 Subtotal Subconsultant Cost i rn a Travel and Per Diem (PD) Unit Cost M Auto Use Mile $0.66 0 50 50 C d Subtotal Per Diem $o $0 $0 $0 $33 $0 $33 E s Subtotal Per Diem, Lab Costs, and ODCs $0 $0 $0 $0 $33 $0 $33 a Grand Subtotal $9,422 $5,133 $8,809 $43,106 $49,058 $12,320 $127,848 Grand Total E t L) a Packet Pg. 235 2.13 City Council Agenda Item Meeting Date: 06/13/2023 Safety Action Plan Grant (Federal Safe Streets & Roads for All) Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History Staff Recommendation This agenda item is for informational purposes, there is no need for a formal recommendation or action at this time. Narrative As part of the Bipartisan Infrastructure Law (BIL), a Safe Streets and Roads for All (SS4A) grant program has been established with $5 Billion in funding over the next 5 years to be distributed nationally. The program supports the development of a comprehensive Safety Action Plan to identify the most significant roadway safety concerns in a community and the implementation of future Capital projects and strategies to address roadway safety issues. Safety Action Plans are the foundation of the SS4A grant program and the goal is to develop a well-defined strategy to prevent roadway fatalities and serious injuries. SS4A requires an eligible Action Plan to be in place before applying for grant funds to implement specific Capital Projects as part of the SS4A Grant Program. The City will either submit an individual grant application or a joint application with Puget Sound Regional Council (PSRC) and other local jurisdictions by the July 10, 2023 deadline. The City's preliminary grant request will be approximately $375,000. If FHWA awards the grant to the City, then a 20% local match will be provided from REET funds. Award announcements are expected by late 2023. Packet Pg. 236 2.14 City Council Agenda Item Meeting Date: 06/13/2023 Report on Construction Bids for Citywide Bicycle Improvements and Elm Way Walkway Projects Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On April 11, 2023, staff presented this item to the Parks and Public Works Committee and it was forwarded to a future City Council meeting for possible approval. On May 2, 2023, the City Council rejected all construction bids for the project. On May 5, 2023, the City readvertised the project for construction bids. Staff Recommendation Forward item to the June 20, 2023 City Council meeting for action. Narrative On May 25, 2023, the City received five construction bids for the Citywide Bicycle Improvements and Elm Way Walkway Projects. The bids ranged from a low of $2,675,267 submitted by Laser Underground & Earthworks, Inc. to a high of $3,185,070 submitted by Colacurcio Brothers Construction Company. The Engineer's Estimate was $1,997,231.49. Attachment 1 is a summary of the bid results. The Citywide Bicycle Improvements project will install bicycle facilities - including both separate bicycle lanes and sharrow pavement markings - on approximately 7.5 lane -miles of City and County streets. The project will also install associated improvements to pedestrian and signalization facilities. The Elm Way Walkway project will install approximately 700 linear feet of sidewalk along the south side of Elm Way from 8th Ave to 9th Ave. The project will also install associated drainage and signalization improvements. Staff will review the proposed construction budget and funding at the Committee meeting. Attachments: Attachment 1 - Bid Summary Attachment 2 - Presentation Attachment 3 - Area Map Packet Pg. 237 2.14.a CITYWIDE BICYCLE IMPROVEMENTS AND ELM WAY WALKWAY PROJECTS BID TABS CITY OF EDMONDS 5/25/2023 2:15 PM BIDDER SCHEDULE TOTAL A B C D Engineer $ 1,034,747.75 $ 342,570.00 $ 412,690.53 $ 207,223.21 $ 1,997,231.4 Laser Underground $ 1,389,045.00 $ 536,305.00 $ 446,817.00 $ 303,100.00 $ 2,675,267.0 Kamins Construction $ 1,463,863.73 $ 542,399.50 $ 365,727.64 $ 310,130.55 $ 2,682,121.4 Road Construction NW $ 1,527,655.00 $ 527,800.00 $ 385,860.00 $ 325,697.00 $ 2,767,012.0 A-1 Landscaping $ 1,532,500.50 $ 674,303.00 $ 442,383.45 $ 486,708.00 $ 3,135,894.9 Colacurcio Brothers $ 1,736,248.00 $ 680,180.00 $ 489,394.00 $ 279,248.00 1 $ 3,185,070.0 m m a� 3 U L w N m c 0 r L Y 0 V r- 0 r L 0 Q N� E E V/ T e Packet Pg. 238 Inc. 1890 .. .f Jai• M' /�. rt— Citywide Bicycle Improvements & Elm Way Walkway Projects June 13, 2023 MDE BICYC t Overview M; ALIGNMENT A2: BOWDOIN WAY FROM 9TH AVE. S TO 84TH AVE. W 4e� - t ALIGNMENT Al- I00TH AVE. W—r" r FROM 244TH ST. SW/ 205TH f ST. SW TO WALNUT ST. snA'a/rbs wAr a:l6" "w (ALIGNMENT A4: SHARROWS / ALONG 80TH AVE, W FROM 228TH ST. SW TO 220TH ST. SW V f c►� ALIGNMENT A3: 228TH-"" ST. SW FROM 80TH AVE. W. TO 78TH AVE. W 4p a Packet Pg. 240 CITYWIDE BICYCLE IMPROVEMENT • Bicycle Lanes and Sharrow Pavement Markings (-7.5 lane miles) • 15 new ADA compliant pedestrian ramps 3 Rectangular Rapid Flashing Beacons (RRFB) Systems 0 9th Ave/Pine St w 0 100th Ave/2241h St. o Bowdoin Way/Pioneer Way Pedestrian safety modifications at: o Yost Park Entrance o Woodway Campus Entrance Traffic Signal modifications at 100th Ave/220th St and 1001h Ave/SR104 Pavement widening on 228th St (80th Ave to 78th Ave) PKE ,LANE i►_ d V N N ' k N r+ N Packet Pg. 242 ELM WAY WALKWAY 8THAve to 9'" Ave O1V Eu1Y0 Inc. I S90 • 700 feet of new curb, gutter and sidewalk (south side) • 6 new ADA compliant pedestrian ramps • Stormwater Improvements (Detention system, piping and catch basins) • Pavement striping and signing i ■ BID RESULTS Contractor Bid Results Amount Laser Underground &Earthworks $4675126- Ov EI"M ti CONSTRUCTION BUDGETt� Inc. 1 R9� Item Citywide Bikelane Elm Way Walkway Total -� CITYWIDE BICYCLE IMPROVEMENTS AND HELM WAY WALKWAY PROJECTS I 2.14.c I MAIN.ST P.INE.ST Elm Way: 8th to 100th Installina Sidewalk WESTGATE — E4--- YOST PARK Walnut and Bowdoin 9th to 5 Corners Addina Bike Lanes 100th and 9th: 244th to Walnut Addina Bike Lar _FIRDALEi VILLAGE I- I I I- — 524 / 196TH:ST SW y (Ai 5 CORNERS _it rW a I- 220TH_ST.SW. �I ESPE,RANCE, 228th: 78th to 80th Widening & Adding Bike Lanes )th: 228th to 220t harrows Onlv M M M L a M a E a r E r r a Packet Pg. 247