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2024-03-12 Council Special PPW Packet2 3. OF BbMG ti Agenda Edmonds City Council 1,00 PARKS & PUBLIC WORKS - SPECIAL MEETING CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 MARCH 12, 2024, 1:30 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 AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: SUSAN PAINE (CHAIR), MICHELLE DOTSCH, COUNCIL PRESIDENT (EX- OFFICIO MEMBER) CALL TO ORDER RECEIVED FOR FILING 1. Public Works Update 4th Quarter 2023 (0 min) COMMITTEE BUSINESS 1. Summer Market, Edmonds SpringFest, Edmonds Arts Festival, 4th of July and Taste Edmonds Special Event Agreements (20 min) 2. Design update on the Highway 99 Revitalization Projects — Stage 3 and Stage 4 (20 min) 3. Presentation of 2024 Update of Development Related Fees (10 min) 4. Presentation of Professional Services Agreement for Design Engineering Services with DEA for Phase 12 & 13 Sewerline Replacement and Rehabilitation Projects (10 min) 5. Amendment for On -Call Stormwater Review Services (10 min) 6. Planning Study for Edmonds Marsh and Estuary Restoration (10 min) Edmonds City Council Agenda March 12, 2024 Page 1 7. Parks and Public Works Committee Meeting Proposed Time Change (5 min) ADJOURNMENT Edmonds City Council Agenda March 12, 2024 Page 2 2.1 City Council Agenda Item Meeting Date: 03/12/2024 Public Works Update 4th Quarter 2023 Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The Department of Public Works & Utilities is responsible for the operations and maintenance of the City's physical infrastructure, including: street transportation networks, right-of-ways, and traffic control systems; storm and surface water drainage systems and environmental pollutant discharge mitigation; municipal -owned buildings and other facilities, potable water distribution systems and water quality control, sewerage conveyance and collection systems; secondary wastewater treatment plant management; and maintenance of the City's vehicle fleet. Staff Recommendation This report is intended to provide information. There is no recommendation. Narrative This 4th Quarter 2023 report includes highlights, achievements, and other metrics for analysis. The Public Works Department budget is comprised of multiple utility funds, operational and capital funds, and the general fund. This report provides an overview of these budgets with details of the successes, accomplishments, and efforts made throughout the year. Attachments: PW&U 2023 Q4 Report Packet Pg. 3 - GATEWAY SIGNS - RAI 1t e - LAN HA 0 lb 1 ' � .y• `.� . • 1 � � ,.ice r! ME�� mot /nc. 1 xy0 2.1.a Organization The Public Works Department provides care and maintenance to the City's physical infrastructure. We strive to enhance reliability and performance of these systems while maintaining a safe, clean, and healthy environment. Our goal is to serve the community and to enhance the quality of life in the city. We achieve this through a department that is community and customer focused. We embrace leadership in environmental and energy design concepts & principles and leverage technology & management principles to achieve operational effectiveness. Budget Overview ■ REET1, $4,315,418 , r, Buil Main Equipme Rental, $5,057,58 6% Utilities, $41,438,027 , 53% 2023 Budget ■ REET2, $2,627,383 , V General, $9,160,542 , 12% Street, $14,019,874 , 18% r PW Expenditures 2023 Preliminary Actuals Broken Down by Fund REET1, REET2, $2,839,752 , $1,722,867 , Building CO/ —� 2oi Maintena $728,8� 1% Equipment Rental, $2,913,549 5% Util $34,3 neral, ?4,014 , .3% Street, $10, 650,780 , 17% 2 Packet Pg. 5 2.1.a Facilities People Total positions approved 12 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Facilities # of Buildings 21 Square footage 455,702 # Of restrooms maintained 36 Leases 7 & 3 Fire Stations Total SF of leased buildings 36,000 & 26,900 Q4 Highlights Quarter four was highlighted by several projects nearing completion including the Public Safety Solar project, Anderson Center transom window replacements and Gym floor refurbishment and striping. And the Public Safety lobby ADA upgrades restrooms, court/council chamber, and police lobby. Vendor coordination supporting Library grand opening including fire alarm, building balancing and HVAC operation and lighting controls. Projects development for projected 2024 projects including Anderson center South wall leak, Fire Station 16 fire alarm system, beach ranger station door and Public Safety parking lot fence and automatic gates. Training Facilities completed training general building winter controls settings ahead of winter weather, high visibility clothing when working in dark and communication on and off job for call in work. Custodians trained on types of ice melt and proper application amounts as well as how to read the SDS sheets for ice melt and other chemicals. 3 Packet Pg. 6 2.1.a Projects Library Upgrade: Library remodel support is on -going, Facilities attends weekly construction meetings and is advising Faber Construction. Grand opening event is scheduled for 1/13/24. Building systems and schedules are adjusted for occupancy. Fire and building final inspections scheduled for week of January 8th. 2023 Active Projects Projects (Planned) Status Budget Public Safety Solar Plant Complete/Punch List $67,800.0( Public Safety Card reader replacements Complete $20,000.0( Expansion of Public EV charging network Complete $230,000.0( Painting Exterior Fire Station 16 Complete $70,000.0( Interior Painting at six buildings In Progress (95%) $240,000.0( Library Lobby painting (in house labor) Complete $21,000.0( Library book drop demo Complete $4,000.0( Library parking lot insulation repair Complete $25,000.0( Electrical Service completed at City Park building Complete $80,000.0( Fleet EV chargers added at two locations (8 fleet chargers) In Progress $90,000.0( Anderson Center Fire Panel Replacement Complete $110,000.0( Anderson Center Gym floor refinishing Scheduled for Dec Break $60,000.0( Anderson Center transom window replacement In Progress $190,000.0( Anderson Center Elevator machine upgrade (code forced) Complete $90,000.0( Anderson Center Elevator and lobby (Flooring) Complete $17,000.0( Anderson Center Investment grade audit for HVAC In Progress $95,000.0( Anderson Center drinking fountains upgraded with bottle fillers In Progress $16,000.0( Fire Station 17 Garage ceiling refurbishment Complete $100,000.0( Fire Alarm radio updates at 4 locations Complete $20,000.0( City Park gazebo roof replacement Complete $20,000.0( City Park building parking lot repair/overlay Complete $160,000.0( Meadowdale Club House flooring and stair coverings at pre- school Complete $20,000.0( Public Works fleet electrical drops Complete $8,000.0( $1,846,200.0( a M N 0 N Q M a L 0 3 a 0 a m v a M N 0 N M Ca a c d E s ca Q 4 Packet Pg. 7 2.1.a Projects (Unplanned) Status Budget Anderson Center boiler tube replacement Complete $30,000.0( Boys and Girls Club flooring repairs Complete $47,000.0( Police pedestrian fence In Progress $126,655.9( Neighborhood City Office hallway door/wall (in house) Complete $5,000.0( Public Safety Lobby ADA door updates Complete $60,000.0( Public Safety office remodels, Detectives, Patrol, and Sargent's Complete TBD Support 4th of July, Porch Fest and Palozza events Complete $1,500.0( City Hall water pressure reducing valve rebuild (thanks Water Division) Complete $500.0( City Hall Emergency sewer pipe replacement Complete $4,500.0( City Hall Fire Marshal office relocation Complete $2,000.0( Library remodel construction support Complete $15,000.01 Library emergency window frame replacement Complete $15,000.01 Library fire alarm system replacement Complete $12,000.01 Library security system Complete $8,000.0( Library HVAC control upgrade Complete $10,000.0( City Park emergency water supply line replacement (thanks Water Division) Complete $2,000.0( Beach Ranger Station entry door replacement Complete 1/2024 $15,000.0( 7th Ave sidewalk project (Storm fund 50% and Bond 50%) on hold $300,000.0( Metrics Facilities Service Calls 160 140 120 100 s0 60 40 20 II ��. ■ �■ �1 1■ �� 11 I �) �� I� 0 Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec ■ Contract ■ In House ■ PM's v a M N O N a� c� V a _ w L 0 3 a t= 0 a m $1,192,044.1( a M N O N a r c Q E s �a Q 5 Packet Pg. 8 2.1.a Sewer and Water Sewer me Total positions approved 7 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Sewer Sewer pipes 186 Miles Sewer lift stations 14 Residential grinder pumps 29 Accounts 9800 Manholes and cleanouts 3425 Sewer Comprehensive Plan August 2013 Q4 Highlights The Sewer Department is responsible for the maintenance of 14 sanitary lift stations, 3200 sanitary sewer manholes and over 186 miles of sanitary sewer mains serving 9800 customer accounts. Seven FTE's are responsible for these functions as well as the maintenance of 26 residential grinder pumps. • Sewer Department continues to clean and inspect sewer lines using the TV truck, push cameras and visual inspection of manholes. During the fourth quarter of 2023 they cleaned 6 Packet Pg. 9 2.1.a • • • and inspected 44,158 feet of sewer main and inspected 568 manholes. They also performed root cutting in 7900 linear feet of main. The Sewer Crew performed 673 utility locates in the third quarter.. Crews cleared three pump blockages' ,.;, - at lift stations prevent sewer '� r overflows. Sewer Department crews repaired 1 a sewer main and 3 sewer laterals during the fourth quarter which historically would have required an outside contractor. Crews focused on sewer cleaning, TV inspection and pipe rating. Sewer crews followed up with in-house main line repairs of pipe breaks identified during the forementioned inspection programs. Training Sewer Staff have completed cold weather safety and driving training. Projects Crew continues to identify and correct system deficiencies utilizing the CCTV truck and pipe rating system. Metrics Utility Locates Dispatches 800 654 705 748 10 9 602 600 8 7 6 6 5 400 4 200 2 0 0 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 ■ UULC ■ Private Request ■ After Hours c� M N 0 N d 0 a 0 Q. a� a_ c� M N O N 06 a c d w r a 7 Packet Pg. 10 2.1.a 60000 50000 40000 30000 20000 10000 0 CCTV and line Flush (LF) 5312753127 5429954299 3347033470 Q1 Q2 Q3 ■ CCTV (LF) ■ Pre Flushed / Jetted (LF) 39172 35015 Q4 CY M N O N d w fC Q D N L 20 7 2 a 0 Q. a� C� M N O N D 06 a c d 0 w r Q 8 Packet Pg. 11 2.1.a Water People Total positions approved 9 Loss 0 Gains 0 Current Vacancies 0 By The Numbers Water Reservoirs 4 total 7.5 MG (one 3M & three 1.5M) Water Pipes 138 Miles Service Connections 10,372 Pressure Reducing Stations 19 Valves 3129 Hydrants 1205 Blow -off 305 Backflow Assemblies 2692 Comprehensive Water System Plan October 2017 Highlights The Water Division is responsible for the maintenance and operation of the City's water distribution system for the constant and safe delivery of potable water to over 10,372 accounts. The Water Division operates and maintains all storage and conveyance facilities including over 138 miles of distribution mains, 18 pressure reducing stations, three 1,500,000-gallon reservoirs, and one 3,000,000 gallon reservoir and pumping station. Nine FTE's are responsible for the above functions. Packet Pg. 12 2.1.a • The Water Department installed four new water services during the 4th quarter. • The Water Quality Department collected over 160 samples during the third quarter. • Water Department had 29 afterhours calls for service during the third quarter. • Performed 781 utility locates. • Replaced 80 water meters. • This quarter we repaired 3 water service leaks and repaired two cast iron water main breaks in December. • PFAS water quality sampling was performed as required by the USEPA Unregulated Contaminate Monitoring Rule 5 (UCMR 5), results were received with no presence of PFAS detected. Training Water Staff have completed cold weather safety and driving training. Projects Water Crews upgraded services that required repair in the two previous quarters. We had three cast iron main breaks during 2023, two of which occurred in December. This October we continued to monitor the Five Corners steel reservoirs for corrosion control optimization, the results of which were satisfactory this year. 10 Packet Pg. 13 2.1.a Metrics s 7 6 5 4 3 2 1 0 Services 1111, 1111 111 1111 11111 �1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Installed (New) ■ Replaced ■ Repaired ■ Drop In Meter Install Meter Exchanges 60 40 — 20 0 �■ I__ �_ I�.. �■ 1 _ 1■_ I ■_ �_ d Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ 3/4" ■ 1" ■ 1.5" ■ 2" Dispatches 60 40 20 11 11111 ■� .Irt _ flno ■ ■ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Afterhours ■ Buisness Hours Turn off's 60 50 40 30 �o 0 C-0 >T C boo- > U licu G ¢ � _ ¢ N O z o ■ Deliquents / Non -pay ■ Customer Reqested Locates 500 400 300 200 100 0 �2i ¢ O ) g ¢ N z ■ UULC ■ Private 41 a M N O N V a L O t2 3 a O CL d a M N O N 06 a r c d E s t� ca Q 11 Packet Pg. 14 2.1.a Storm & Street gw, r f VAO Storm People Total positions approved 8 Loss Gains Current Vacancies ri (Trevor 11/22) Storm Maintenance position By The Numbers Storm Vegetation Control sites/locations 145 Stormwater catch basins 6971 Stormwater manholes 1682 Stormwater Culverts 2309 Detention Systems, Bio Swales & Rain gardens 632 Miles of Stormwater pipe 140 Creek areas monitored weekly 56 M N O N d Q N L 20 7 2 a 0 CL M N O N 06 a w r a 12 Packet Pg. 15 2.1.a Q4 Highlights During the fourth quarter we have done numerous sump maintenance processes drawing down the water levels in preparation of heavy rain events. The "Atmospheric Rivers" seem to be happening more frequently requiring us to maintain our sump levels. We dug out the Perrinville Diversion structure as well as our in-house decant facility. We've been doing a lot of hauling of waste materials accumulated by these processes. Training Nothing to report this period. Metrics Storm Drain 800 700 600 500 400 300 200 1000 Jan Feb Mar Apr May Jun Jul ■ Storm drain inlet maintenance (number of inlets maintained) 1- L I. Aug Sep Oct Nov ■ Lines of Storm drain lines flushed .■ cY M N 0 N d D 0 a 0 Q. a� c� M N O N D 06 a E w r a 13 Packet Pg. 16 2.1.a Street People Total positions approved 9 Loss 1 Gains Current Vacancies 11 (Chuck 4/23) Signal Tech position open By The Numbers Street Lane miles of Roads 290 Linear miles of painted lines 143 Crosswalks 497 Roadway symbols 4444 Signalized Intersections 25 Flashing signs 33 Rapid Flashing Beacons (RRFB's) 71 School Zone Flashers 24 Radar Feedback Signs 18 Traffic and street signs 7823 City Owned streetlights 59 Decorative Street lights 26 Sidewalks inspected (Miles) 93 14 Packet Pg. 17 Q4 Highlights Early in the fourth quarter the crew went through our snow and ice equipment to prepare for our winter response. The Council approved the purchase of a brine machine that we will incorporate into our response strategies this year. The city experienced two freeze events that our anti -ice equipment was mobilized and performed as expected. Our Halloween set up, one of the bigger events, went off without issue. Multiple RRFB and RFB installs and repairs were done both in support of the City's School Zone camera project and pedestrian safety program. We completed the Overlay support program by backing edges and applying hot tape at our freshly overlaid streets. The city experienced a couple heavy windstorms that added to our hazard tree removal processes, 7 trees and 4 locations along with the typical clean- up after a wind event. 15 Packet Pg. 18 2.1.a Primary Snow Routes tr... a.,.a. W tr.a.. streets Pcgrdr street• —Secondary Sheets ciov A Ed mor di lyr nw ood Wundike ie'race Woodwal vitotod i Training Nothing to report this period. 1nnauud rijsa Oran.Mi. 2011 16 Packet Pg. 19 2.1.a Metrics Service Calls, Tree, Traffic Lights & Signs 120 100 80 60 40 — 20 _ ._1 �■1 1 ,_� 1_ �■ �.1 1. 11 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Customer service calls ■ Tree response issues ■ Traffic lights maintenance or repair ■ Signs repaired or replaced 700 600 500 400 300 200 100 0 100 80 60 40 20 0 Sidewalks & Pavement 1 I I-. I = Jan Feb Mar Apr May Jun ■ Sidewalk repairs or new (SF) L L 1. 1_ Jul Aug Sep Oct ■ Pavement patch (potholes) Special Events & After Hrs 1_ Nov Dec ■ ■ _ ■ _ .. I _ I — I-- 1_ INN 1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Special events support (Hrs) ■ Snow response (Hrs worked) ■ After hrs calls/Emergency CY M N 0 N d w fC Q W L 2O 7 ct O a O CL d �ry V M N O N 06 a E w a 17 Packet Pg. 20 2.1.a Wastewater Treatment Plant People Total positions approved 20 Loss 0 Gains 1 Current Vacancies 2 By The Numbers Sewer Treatment Plant Treatment capacity 11.8 MGD Current Average flow 6.5 MGD Winter, 4 MGD Summer Constructed 1957 Plant updated 1986-91 Plant update (carbon recovery) 2019-23 Service Area Q4 Highlights Staff: WWTP Supervisor position was filled by internal candidate. Completed Projects: • Schwing hydraulic sludge pump seals and poppets replaced by contractor. CoE maintenance staff trained with contractor so future repairs can be done in house. • Damaged NPW electrical control panel, NPW flow meter, and WAS pump VFD panel rebuild/replacements were completed. • Vibration analysis and rebuild of LP Blower 304 completed. 18 Packet Pg. 21 2.1.a • • • HP air system compressor parts on backorder (12 weeks), rental compressor installed to supplement system until parts arrive. New cooling unit installed in 600 bldg. MCC room. _1 4% Tapped and ran camera through secondary AMKIATIC STRAINER As-aol clarifier feed line looking for obstruction that . is limiting flow to the clarifier. Results showed no obstruction at valve, will need to drain clarifier and camera from the other direction (inside the clarifier) to look for flow impediment. 3000-gallon caustic solution tank in plant parking lot during Nuvoda trial was removed. Process: The plant performed well during Q3. We processed over 320 million gallons of wastewater this quarter and processed over 2662 wet tons of biosolids. Throughout the dry season, as plant influent flows were reduced, we removed unnecessary tanks and equipment from service to conserve energy and do annual maintenance and inspections. c� M N O N d D 0 a 0 Q. a� a_ U M N O N D 06 a c d 0 w r Q 19 Packet Pg. 22 2.1.a Odor Control: Odor complaints along the Lake Ballinger sewer line were reduced this quarter. We worked with King County and were able to change the pumping strategy so that more KC flow was pumped during periods of low influent flow as to eliminate the larger flow peaks that we suspect contributed to the excess odor. We also purchased and installed several additional activated carbon manhole filters. We are working with Bioair to conduct an overall system odor study which will evaluate the entire Lake Ballinger sewer line and help us to determine proper odor control equipment and sizing. We also continue to take odor readings at several locations along that line often and try to respond to each odor complaint in a timely fashion. We will continue to be proactive to try to minimize or eliminate these odors. Carbon Recovery Project: Modifications have been made to the conveyance system to improve functionality and the 4 million BTU burner has been relocated to help eliminate stack discharge during process startup. Commissioning has started back up and the contractor continues to troubleshoot operational issues such as dust control on the new conveyance system, issues processing influent screenings, sludge/mix plugs occurring at multiple locations within the process, and chemical feed pump issues. We have produced and hauled approximately 8 tons of flexchar with the system so far and potentially have two businesses interested in beneficial reuse of the product depending on laboratory analysis of the product. 20 Packet Pg. 23 2.1.a Metrics Operations and Maintenance. 120 100 80 ;7E 40 20 0 Jan Feb Maintenance & Repair 1 Mar Apr May Jun Jul Aug Sep ■ Preventive Maintenance/total WO ■ Repairs/Corrective WO Oct Nov Dec c� M N O N d w fC Q N 0 a 0 Q. a� C'1 M N O N 06 a c d 0 w r Q 21 Packet Pg. 24 2.1.a Lab Work 3000 2500 2000 1500 1000 500 0 NONE NONE soon ---- ---- ■■■■ soon soon NPDES PSNGP In-house Outsourced Biosolids BioAirTests: BOD/cBOD: TSS: Compliance Compliance Analyses: Analyses: Tests: Tests: Tests: Solid Waste, Treatment 250 203.3 200 164.8 151.7 150 134.1 100 50 0 ■Q1 ■Q2 ■Q3 ■Q4 Treatment (Million Gal) 1,676 MG Treated in 2023 126.7 115.8 104 Jan Feb Mar Apr May Jun Jul 132 114 119 103 Aug Sep 208 Oct Nov Dec 41 CY M N 0 N d w fC a L O C.1 a 0 Q. a� C� M N O N 06 a C d t v w r Q 22 Packet Pg. 25 2.1.a 1200 1000 800 725.4 764.4 600 400 200 0 1087.8 Biosolids to landfill (Wet Tons including screenings) 10,215 Tons produced in 2023 970.6 922.6 m 884.1 891 931 841 799 ' , 745 653 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Energy 2023 Total is 3,274,352 kWh 400,000.00 350,000.00 300,000.00 . 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ■ Electricity (kWh) ■ Gas (Therms converted to kWh) 23 Packet Pg. 26 2.1.a Fleet Q1 Highlights Total positions approved 3 Loss 0 Gains 1 Current Vacancies 1 By The Numbers Fleet PD Vehicles 43 PW Vehicles 125 Heavy Equipment (tractors, excavators etc) 27 Dump trucks (plows) 10 Electric Vehicles 11 Hybrid Vehicles 15 Trailers 19 Sweepers 2 Special Vehicles (camera truck, Vacuum truck) 7 Generators 14 Fuel island capacity (Unleaded) 22,000 Fuel island capacity (Diesel) 9,600 EV chargers 9 Fleet - 2023 Goals Goals that Fleet identified in the first quarter of 2023 were ambitious. Most of these goals were related to vehicle replacements and additions. Due to supply chain issues, inventory shortages, and delayed production, the list of carryforward projects from 2022 was well above average with 14 vehicle purchases. In addition to the large carryforward projects (14), the city council approved an unprecedented number of new vehicle additions (23) in addition to the regular scheduled vehicle replacements 24 Packet Pg. 27 2.1.a (9). The total number of vehicles and equipment to purchase in 2023 was 46. The intent was to purchase and outfit all 46 vehicles by the end of 2023. 2023 Achievements Vehicle Procurement and Outfitting Every vehicle purchase requires time to outfit and prepare before it can go into service as well as the time to decommission and surplus the vehicles being replaced. These new vehicle set-ups and teardowns take away from the regular workflow of the shop that must be performed to continue normal operations. Outfitting 20 of those vehicles with the necessary police equipment presented a unique challenge. Historically, fleet performed the police vehicle upfitting in house for quality control, scheduling accommodations, and flexibility for customizations. Performing the upfitting of 20 police vehicles in-house this year was not a feasible option. Fleet was able to secure a third party to execute these vehicles set ups. Fleet was also able to source all these vehicles in a competitive market with limited inventory by securing new interlocal agreements with Snohomish County and the State of Arizona. Fleet has been able to put into service 18 new vehicles this year and are in the process of finalizing another 18 by January 2024. We were also able to decommission and surplus 11 old vehicles from the fleet. Take -Home Vehicle Policy The need for all these extra vehicles is to accommodate a new car per officer program. Issuing a car per officer also includes the ability to assign those vehicles as take-home vehicles. As of recent, we did not have any policy or language in place to support a take-home vehicle program. Drafting and implementing a take-home vehicle policy was a necessary requirement to successfully manage the police fleet. Fleet was successful in drafting and implementing a new Take -Home Vehicle Policy that was adopted by the city council in April. New FTE Fleet Mechanic Anticipating the impact of our growing our fleet, it was also our intention to address the limited staffing resources available by increasing our staffing in the department from 2 Fleet Mechanics to 3 Fleet Mechanics. Contributing factors to justify the need 25 Packet Pg. 28 2.1.a for the staffing increase include the trend of gradual fleet growth over the past decade, sudden fleet growth in 2023, and the specific application of those new vehicle additions being allocated as police patrol vehicles that require above average maintenance and repairs. Although police account for 1/3 of our total fleet, they account for 2/3 of our shop labor. The 2023 vehicle additions resulted in an increase of 125% for our current police patrol fleet. Fleet was successful in increasing our staff with the addition of a new Fleet Mechanic in October. The experience and expertise of our new Fleet Mechanic has resulted in significant progress and advancements in the services that we are able to provide. CMMS and Fuel Site Updates The existing asset management software and fuel site management software used by Fleet has been outdated for some time and has not been supported since 2017. For accuracy, reliability, and efficiency of the department, Fleet transitioned to a new asset management software that records all work orders, labor hours, inventory tracking, and parts costs. The updated software has improved the processes for reporting, accurate costs analysis, records retention, and work request submissions. The fuel site management software updates included a new chip card reader at the fuel island and updated software. These updates have improved our ability to accurately record all costs associated with work performed and fuel transactions. Unscheduled repairs and preventive maintenance In addition to the unexpected increase in capital projects and operational changes, Fleet continued to execute its normal workflow with minimal interruptions. Fleet performed 341 preventative maintenance services, 367 unscheduled repairs, 25 safety recalls, and 18 vehicle accidents. 26 Packet Pg. 29 2.1.a 2024 Goals The accomplishments of 2023 reflect a very busy year for Fleet. There remain a lot of capital projects that are in progress but have not been finalized. 2024 will start off with an above average number of carryforward projects. Most of them will be finalized within the first quarter and the remaining projects will continue to progress along with the regularly scheduled replacements. 2024 has 10 scheduled replacements that will be executed along with the 2023 carryforwards. Training. Our new Fleet Mechanic will continue to learn about the variety of equipment that we have. Street sweepers, Vactor trucks, police equipment, heavy equipment, snow removal equipment, and dump trucks are some of the things that we will be training on. Attending CDL school and acquiring his CDL will be among the list of accomplishments he will be completing. Improved set up time of new vehicles As stated in the achievements of 2023, the police vehicle outfitting was performed by an outside vendor. I intend on bringing the outfitting of these police vehicles back in- house. This will ensure better quality control, project management, equipment sourcing, and customizations as we determine necessary. This will require additional hands-on training in-house and I will be working closely with our Fleet Mechanics on this throughout the year. Safety and regulatory requirements The fuel site located at Public Works was installed in 1995 and is going to require a well -planned and forecasted replacement plan. The aging underground storage tanks are in satisfactory condition but will need to be replaced soon. This replacement has been included in the CIP and will begin review and design for the replacements of our underground storage tanks. With vehicle use policies changing, including a new vehicle take home policy, Fleet is working to improve reporting and accountability for all fleet assets, this is critical for the operation and maintenance of the fleet and the readiness of the city. 27 Packet Pg. 30 2.1.a Budget The 2024 budget has presented many new challenges as it relates to our daily operations. Fleet will be carefully monitoring and evaluating our expenses throughout the year. It is the intent to identify areas where reductions can be made without compromising the level of services provided. One area of focus is our fuel costs. Fleet intends on identifying all eligible vehicles for propane conversions. This results in a reduced fuel cost (currently at $1.50/Gal) as well as reduced CO emissions. Metrics 80 J Work Orders by Work Type I 0 MENEENEEM-2 -` 2 ACCIDENT COMPLETE ANNUAL ii NEW VEHICLE SET UP 4 OUTSIDE AGENCY REPAIR 4 PREV MAINTANENCE 6 REPAIR TRAILER SERVICE 6 WARRANTY 28 Packet Pg. 31 2.1.a Fleet Maintenance & Repair 150 100 50 0 Q1 Q2 Q3 Q4 ■ Preventive Maintenance (WO) ■ Repairs (WO) Fuel and Miles 150000 122459 120474 97224 100000 59392 50000 1922 1517 1924 1254� 0 M M Q1 Q2 Q3 Q4 ■ Fuel used (GAI) ■ Total miles (all vehicles) New Vehicles 11 10 9 6 5 3 3 0 „ = 0 Q1 Q2 Q3 Q4 ■ New Vehicles Received ■ New Vehicles setup Accidents 8 6 4 0 ■ Q1 Q2 Q3 Q4 ■ Accidents Date Vehicle Department Description Repair Cost Low speed accident in a parking lot. 1/12/2023 2016 Ford PD A vehicle backing out of a parking lot $949.17 Explorer hit the Explorer, damaging the rear taillight Low speed accident on the street. 2/10/2023 2015 Isuzu NPR Parks vehicle was rearended while stopped $0.00 for pedestrians. No damage 2023 Toyota PW Police K9 damaged paint while 4/18/2023 RAV4 Facilities vehicle was in storage. $195.00 2021 Ford PD Curb damage at high speed. 4/26/2023 Explorer Damaged subframe/wheels $2,650.00 2020 Ford PD Hit concrete base of light pole in 4/23/2023 Explorer parking lot. $17,915 PW Sewer Vehicle was backed into by other city 6/1/2023 2021 F-150 vehicle @ PW $4,130.00 2022 Ford PD Vehicle was backed into. Minor 6/4/2023 Explorer damages. $0.00 2017 Ford PD Hit oncoming vehicle, ran red light 7/1/2023 Explorer responding to call. 41 a M N 0 N R Q 0 t2 3 a t= 0 a m v a M N 0 N D a c d E s ca Q 29 Packet Pg. 32 2.1.a 2022 Ford PD Rear ended another vehicle while 7/12/2023 Explorer looking at computer 2017 Ford PD Suspect rammed patrol vehicle 7/2/2023 Explorer resisting arrest. 2016 Ford PD 8/6/2023 Explorer Drive away at fuel pump 2021 Utility Parks Tailgate made contact with trailer 8/4/2023 Trailer turning too sharp 2016 Ford PD Passing vehicle too closely, minor to 8/8/2023 Explorer no damage v a M N O N Q R Q N I- L 0 2 3 a 0 a m v a M N O N a r c Q E M 0 ca Q 30 Packet Pg. 33 2.1.a Engineering Total positions approved 18.5 Loss 0 Gains 0 Current Vacancies 1 Q4 Highlights Grant-.- • SS4A Grant — The City will receive a $300,000 federal grant through the U.S. Department of Transportation's Safe Streets and Roads for All (SS4A) Grant Program. This program is focused on the development or update of local roadway safety plans by developing well-defined strategies to prevent roadway fatalities and serious injuries. It will also identify and prioritize future projects to help address roadway safety issues. The City partnered with ten other agencies, including Puget Sound Regional Council (PSRC), on a $2.87 million grant application. The City will be working closely with the agency to support the goal of reducing fatalities and serious injuries on roadways in the Puget Sound region. • A Transportation Improvement Board (TIB) grant application was submitted for the SR104 Adaptive System project in August 2023. In November, TIB released their grant awards and the project did not score high enough to receive funding. Contracts Awarded December 2023 • 2024 Overlay Project — Professional Services Agreement signed with CM Design for the 2024 Overlay Project- $66,127 Contract Training December 2023 • Jenelle Ho, Associate Engineer, attended a Public Works Fundamentals course in Sequim, WA. 31 Packet Pg. 34 2.1.a • The Engineering staff completed annual Title VI training in compliance with FHWA and WSDOT requirements to prohibit discrimination on our projects and programs. Capital Projects • Storm & Surface Water Comprehensive Plan • A robust public engagement process was completed. This process included: o Press releases, o Facebook and other social media o Traditional media postings, o Virtual workshops o Project survey, and. o An in -person event. Feedback was achieved and used to refine project goals and develop an initial storm and surface water capital improvement plan that will be included in the Plan. Flood Mitigation Keep streets and private property dry to the maximum extent possible (Public health and safety & economic vitality). I - Operate, maintain, and upgrade stormwater infrastructure in a cost-efficient manner. Comply with Ecology's Municipal Stormwater Permit and all other applicable environmental regulations. I Improve existing infrastructure to reduce the impact of City stormwater flows on aquatic environments (On the Land). Reconnect floodplains, re -plant riparian (streamside) corridor, remove barrier culverts, and improve in -stream :onditions. (In and adjacent to the stream; City -owned property only). Additional information on this can be found the link below. https://www.edmondswa.gov/cros/one.aspx?portal Id=16495016&pageld=19792528 32 Packet Pg. 35 2.1.a • Citywide Bicycle Improvements/Elm Way Walkway Projects This project is currently under suspension due to the weather. Construction will resume in early spring of 2024. The storm and roadway improvements on 228th ST SW from 78th PI W to 80th Ave, roadway work and pedestrian improvements along Bowdoin Way from 84th Ave W to 9th Ave S are complete. Work for the Citywide Bicycle Project will resume in early spring of 2024. For the Elm Way Walkway Project, storm and roadway improvement work is 65% complete. Sidewalk and curb ramps are complete from 8th Ave S and Elm Way to Coronado PI and Elm Way are complete. Restoration and striping will be completed in the spring of 2024. • 7317 Lake Ballinger Property Purchase — Staff have been in • negotiations with the property owner to acquire the property at 7317 Lake Ballinger Way. The purchase and sales agreement will be prepared in La ke Ballinger the first quarter of 2024 to complete 0 0 the acquisition. 84t" Ave Walkway (238t" St — 234t" St) -- A decision package requesting $75,000 to fund up to 30% design of this project was approved by Council on 12/27/23. The completion of the 30% design is expected to take up to three months. 33 Packet Pg. 36 2.1.a • 2023 Utility Replacement Project — Installation of sewer main on Maple St and SR-104 was completed. Main St, Maple St, and SR-104 were repaved and striped. Due to inclement weather and material delays the completion of thermoplastic crosswalk bars and installation of Cured -in -place -pipe (CIPP) was postponed until Q1 of 2024. • 2024 Overlay Project — Design began in December on the overlay of approximately 3.5 lane -miles of City streets at various locations. The 2024 program is heavily focused on street segments in the Lake Ballinger and Maplewood neighborhoods. Additionally, several downtown streets will be paved after recent utility installations. Private Development • Through the quarter there was a high volume of Development related inquires over the phone, email, at the permit counter as well as in development review committee and pre -application meetings. • The development team continued to assist prospective developers, homeowners, business owners, project design professionals and city staff with the information necessary to make development related decisions and move forward with project permitting and construction. October 2023 • October brought the highest number of inspections performed in a month in 2023. On average 400 inspections are completed in a month and this past October staff recorded 465 inspections. November 2023 • Inspections totaled 394 December 2023 • The Engineering Development team (comprised of 5.5 FTE's) is down one staff person who is out on leave for several months. We expect to regain full staffing levels again the start of 2nd quarter 2024. 34 Packet Pg. 37 2.1.a • December is always slower due to the weather changes and holidays, but things will quickly pick up again in 2024. Metrics Private Development Review Response Time (Days) 50 40 30 20 10 0 — October November December ■ Standard EUC ■ Minor EUC ■ New SFR -ENG New SFR -Storm ■ New Commercial/Mulb-Family - ENG ■ New Commercial/Multi-Family -Storm ■ Repairs/Partial Replacements # of Permits 30 25 20 15 10 October November Dece mbe r ■ Standard EUC ■ Minor EUC ■ New SFR - ENG ■ New SFR -Storm ■ New Commercial/Mulb-Family - ENG ■ New Commercial/Multi-Family - Storm ■ Repairs/Partial Replacements Engineering Inspections 500 ass 450 394 400 350 3D0 250 200 16-R ISO 1D0 50 0 October No%Rmber December ■ Engineenng Inspections 35 Packet Pg. 38 v U M N CD N 0) w >Z in L O C.1 a 0 a a� N CD N 06 a C d t v w r Q 2.1.a Construction Active Contracts 7 6 6 5 4 3 3 3 3 2 1 0 0 0 0 0 0 Contracts under construction N of change orders completed # of RFI's answered ■ Oct ■ Nov ■ Dec Work in Place $1,400,000.00 $1,188,103.62 $1,200,000.00 $1,000,000.00 $800, 000.00 $576,371.98 $600,000.00 $400,000.00 $144,503.17 $200,000.00 Mimi 1 ■ Oct ■ Nov ■ Dec CY M N O N d w fC >Z to L 0 C.1 7 a 0 CL d M N CD N 06 a C d t V t6 w r Q 36 Packet Pg. 39 2.1.a Engineering Project Status Reports cY M N O N d w fC Q D N L 20 7 2 a 0 Q. a� a_ U M N O N D 06 a c d 0 w r Q 37 Packet Pg. 40 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $366,843 Expenditures to Date $53,053 Estimated Construction Date Q2 2025 Estimated Completion Date Q3 2025 Project Manager Russell Lynch Project Webpage Project Description The project will be improving water quality of stormwater runoff by replacing existing catch basins along the west side of SR CY 104, along the frontage of the Edmonds marsh. The catch basins will be replaced with catch basins that include water qualit N filter cartridges. Staff proposes this effort in order to provide water quality mitigation for all discharges that directly enter th N marsh from these locations. The project will be divided into phases, with phase 1 replacing the catch basins on the west sidE of SR-104 and a future phase replacing the catch basins on the east side of SR-104. a Project Status L O Preparation of Memorandum of Undertstanding between City and WSDOT is currently in progress. Preparation of Agreement between City and Department of Commerce to release appropriation funds is also currently in progress. The design consultant has also completed work on preliminary design of water quality treatment options. a- - Final Design Construction Complete Right of Way Status a) N/A W V Related Documents c N 06 a U ity Council Actions E Design Contract Awarded 6/26/2023 Construction Contract Awarded 0 CT not awarded yet or not applicable a Stormwater Utility Fund 422 $152,836 $152,836 ARPA Funds Secured Grants $214,007 $214,007 Unsecured Grants Funding Source Total $366,843 $366,843 Packet Pg. 41 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager Project Webpage Project Description Reducing scouring flows to reduce sediments load in Perrinville Creek was identified in a previous basin report completed in CY 2015 as a critical element of restoring this creek which has been significantly impacted by urban development. The projects N funded by this program are incremental steps toward recovering this stream run as adequate fish habitat. These efforts hav N become even more critical given recent challenges around the Perrinville Creek outfall area. This program is a fund for implementing projects within the Perrinville Creek basin to reduce scour flows in the creek. It allows staff flexibility to 0 respond to ad -hoc opportunities such as rain garden cluster projects, or ensure matching funds are available for chasing gra applications for flow reductions projects. 0 Project Status 2 SnoCo Conservation District construction complete for Raingardens in Perrinville on 83rd ave W between 188th & 190th. a Right of Way Status o Pre -Design- . . Complete C 0% W U Related Documents T CD N 06 a IF ity Council Actions E Design Contract Awarded 3/16/2023 Construction Contract Awarded 3/16/2023 O CT not awarded yet or not applicable a Stormwater Utility Fund 422 $120,000 $100,000 $100,000 $100,000 $100,000 $520,000 ARPA Funds Secured Grants Unsecured Grants Funding Source Total $120,000 $100,000 $100,000 $100,000 $100,000 $520,000 Packet Pg. 42 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $7,050,000 Expenditures to Date $136,051 Estimated Construction Date TBD Estimated Completion Date TBD Project Manager Mike DeLilla Project Webpage Project Description The purpose of this project is to improve the environmental health of the creek necessary to support fish habitat, and to a restore the storm water capacity. The project consists of the modifications to three structures that currently prevent fish N CD passage and are undersized for the flows on the creek, (1) the culvert at the BNSF track, remove and replace with a fish- C*4 friendly culvert or bridge with adequate flow capacity, (2) return flow to the creek between the diversion structure and the BNSF culvert by blocking the structure and restoring creek capacity and (3) culvert at Talbot Road, remove and replace with a fish -friendly culvert or bridge that provides adequate fish passage and storm water flow capacity. This project will increase the resiliency of the watershed by building the structures that mimic the natural channel performance necessary for fish L habitat and stormwater flow capacity. The project also includes time and effort to research and apply for ° supplemental/additional funding sources for construction. Due to the project complexity and number of stakeholders, the 2 planning and design phase is estimated to be 2-years. 3 a Project Status c a Construction easement negotiations with property owners & BNSF in progress. Preliminary stream alignment design in W progress, coordination with DFW to extend the HPA for the diversions structure in progress and pursuing various grants to a fund the City portion of the project. BNSF/Tribes pursuing RR culvert/bridge separately. N 0 Right of Way Status 04 04 Final Design Construction Complete oti of 2r a r c Related Documents E s �a Q City Council Actions Design Contract Awarded Construction Contract Awarded Stormwater Utility Fund 422 ARPA Funds Secured Grants Unsecured Grants Funding Source Total 6/16/2022 $68,884 $45,896 $681,116 $454,104 0 CT not awarded yet or not applicable $797,937 $750,000 $192,464 $1,809,599 $2,250,000 $750,000 $500,000 $2,800,000 $3,000,000 $1,662,717 $1,327,684 $4,059,599 $7,050,000 Packet Pg. 43 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $742,000 Expenditures to Date $750,897 Estimated Construction Date Q4 2022 Estimated Completion Date Q2 2023 Project Manager Russell Lynch Project Webpage Project Description Reducing scouring flows in order to reduce sediments load in Perrinville Creek was identified in a previous basin report CY completed in 2015 as a critical element of restoring this creek which has been significantly impacted by urban development N The project is an incremental step toward recovering this stream run as an adequate fish habitat. The grant for this project N has already been secured. This project proposes construction of an infiltration system in Seaview Park, almost identical to the successful Phase 1 project which was completed in 2019, in order to infiltrate more runoff in the Perrinville Creek basin. a Project Status ModL Q Project closeout is in progress. The City secured a $557,025 grant from the State of Washington Department of Ecology to � help fund the $415,643 construction contract amount. a Right of Way Status Pre -Design Final Design Construction Complete N/A Q. CY Related Documents M N O N 06 City Council Actions a c Design Contract Awarded 12/21/2020 E Construction Contract Awarded 9/20/2022 CT not awarded yet or not applicable w r a Carry Forward / Budget Amendments $367,045 $367,045 Stormwater Utility Fund 422 $2,500 $2,500 ARPA Funds Secured Grants $7,500 $7,500 Unsecured Grants Funding Source Total $377,045 $377,045 Packet Pg. 44 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2024 Estimated Completion Date Project Manager Project Webpage Project Description Greg Malowicki Annual storm drain replacement project for 2023 construction. Project proposes to replace or rehab storm drain CY infrastructure in several locations throughout the City. Location of work identified by City crews via first had knowledge or N video inspection results. Much of Edmonds stormwater infrastructure is past its lifespan and requires routine replacement i N repair in order to preserve the function of the storm drain system. Failure to conduct annual maintenance projects will increase chances of a storm drain system failure. a Project Status L O Design nearly complete, 90% review underway. Project to be wrapped into 2024 Utility Replacement Proejct targeting March 2024 bid date. a Pre -Design- Construction Complete Right of Way Status o N/A Q d Related DocumentsCY M N O N 06 City Council Actions a c Design Contract Awarded 6/29/2023 E © CT not awarded pp Construction Contract Awarded yet or not applicable � w Stormwater Utility Fund 422 ARPA Funds Secured Grants Unsecured Grants Funding Source Total $290,000 $1,622,400 $290,000 $1,622,400 $1, 912,400 $1,912,400 r a Packet Pg. 45 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $733,000 Expenditures to Date $250,726 �a Estimated Construction Date N/A Estimated Completion Date Q4 2024 Project Manager Jerry Shuster AA« Project Webpage https://www.edmondswa.gov/c Project Description This project would be a comprehensive evaluation of the City's storm drain system and operations with recommendations f CY improvements or adjustments and recommended priorities for selecting future capital maintenance projects. No on -going N cost are anticipated except to implement any recommended improvements or projects, which will be done as new capital N projects with due budget planning/process. a Project Status • Initial public engagement process completed. 0 • Draft project goals developed. • Draft capital improvment plan for next seven years develped. .. Data Gathering Goal and Draft Plan Public Meeting Adopt Right of Way Status Public Outreach - N/A d Related Documents cY co N Stormwater Management Action Plan (SMAP) for Perrinville Creek N https://www.edmondswa.gov/UserFiles/Servers/Server_16494932/File/Perrinville%20Creek-SMAP_20230329%20FINAL.pi � https://cdnsm5- 3: hosted.civiclive.com/UserFiles/Servers/Server_16494932/File/Government/Departments/Public%20Works%20and%20Util a s/Stormwater%20Utility%20System/Storm%20and%20Surface%20Water/Final_2010_SWM_Comp_PLan_Text.pdf E City Council Actions w r Design Contract Awarded 6/20/2023 a Construction Contract Awarded Stormwater Utility Fund 422 Funding Source Total $600,000 $600,000 ❑d CT not awarded yet or not applicable $600,000 $600,000 Packet Pg. 46 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date $116,398 Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager F Project Webpage City Overlay Project Description Road pavement overlays to cover areas of roadways that were excavated and patched in previous years as part of the Annu CY Storm Maintenance Projects. N 0 N Project Status Project is substantially complete. Pre -Design Final Design Construction Complete Related Documents a 0 Q. a� City Council Actions CN Design Contract Awarded 12/16/2022 CT not awarded et or not applicable '6 Construction Contract Awarded 8/15/2023 Y pp � � a c d Stormwater Utility Fund 422 $200,000 $200,000 t ARPA Funds w r Secured Grants Q Unsecured Grants Funding Source Total $200,000 $200,000 Packet Pg. 47 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Estimated Completion Date Project Manager Project Webpage Project Description Russell Lynch The project proposes to purchase an existing single family residential property located within the Lake CY Ballinger flood plain. The City secured a $500,000 Department of Ecology grant to aid in this process. The home is the lowe! N property on the lake and is badly damaged from previous flooding to the point it is generally uninhabitable. It is also nearly N undevelopable due to the flood plain and critical area regulations onsite. a The City intends to remove the home and any pollution generating surfaces from the site as part of the initial effort on the site. The grant has restrictions for allowing this parcel to be used for public use. After demolition of the structures and impervious surfaces, the planned site use would be for public utility benefit only. Because the City storm drain line for SR-1C 0 cuts through in an easement immediately adjacent to this parcel, the City plans to pursue a future project to split appropria- .V flows from the City system and provide water quality treatment to the maximum extent feasible. The future project would 2 provide water quality treatment for a very heavily trafficked highway (SR-104) and would make significant improvement in a water quality to Lake Ballinger and its downstream course to Lake Washington via McAleer Creek. o Q. a� Project Status U The City Attorney is preparing a purchase and sale agreement to acquire the property. The acquisition is anticipated to be co completed in the first quarter of 2024. N kL Right of Way Status 06 Pre-DesignFinal Design Construction Complete 3: N/A a c d Related Documents w r a City Council Actions Design Contract Awarded Construction Contract Awarded © CT not awarded yet or not applicable Stormwater Utility Fund 422 $250,000 $250,000 Secured Grants $500,000 $500,000 Unsecured Grants Funding Source Total $750,000 $750,000 Packet Pg. 48 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date N/A Estimated Completion Date Project Manager Project Webpage Project Description rcr�c r Supplemental study to update Perrinville Creek 2015 basin analysis that determined possible locations for projects that wog CY help decrease the peak storm flows during high rain events. N Project will be updated to reflect projects completed and also determine if there are other locations within the basin to aid N the reduction of peak flows in the basin. a Project Status Update to 2015 Perrinville Flow Reduction Study Analysis. RFQ to hire consultant will be advertised Q3 2023. Have receive o notice from DOE that we will be receiving a $469,200 grant that will be available for this projects. Proceeds will be shared with the City of Lynnwood so that this can be reviewed basin wide. Interlocal Agreement being drafted between Lynnwooc and Edmonds. RFQ for the study to be published Q4 2023. a- Pre-DesignFinal Design Construction>1 Complete Right of Way Status Q. N/A V Related Documents c N 06 a IF ity Council Actions E Design Contract Awarded Construction Contract Awarded 0 CT not awarded yet or not applicable a Stormwater Utility Fund 422 $150,000 $150,000 ARPA Funds Secured Grants Unsecured Grants Funding Source Total $150,000 $150,000 Packet Pg. 49 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2022 Estimated Completion Date Project Manager Project Webpage Project Description Greg Malowicki Per the approved 2013 Sewer Comprehensive Plan, the project will replace pipe and related appurtenances at various CY locations throughout the City due to old age, being undersized, need to increase capacity, or more prone to breakage due tc N its material properties. N d Project Status a Project has reached substantial completion. Remaining punchlist work items issued to contractor. Awaiting CIPP subcontractor to finish punchlist and issue final payment. 0 Right of Way Status .2 Pre-DesignDesign Construction• • N/A a- r_ CL Related Do cY M N O N City Council Actions 06 Design Contract Awarded 3/9/2021 a Construction Contract Awarded 5/25/2022 CT not awarded yet or not applicable E Project Funding 2023 2024• • Carry Forward / Budget Amendments $650,000 $650,000 Q Sewer Fund 423 $30,000 $30,000 Funding Source Total $680,000 $680,000 Packet Pg. 50 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2023 Estimated Completion Date Project Manager Greg Malowicki Project Webpage 2023 Utility Replacement Project Description Per the approved 2013 Sewer Comprehensive Plan, the project will replace pipe and related appurtenances at various CY locations throughout the City due to old age, being undersized, need to increase capacity, or more prone to breakage due tc N its material properties. N d Project Status a All sewer main and site restoration complete. Waiting for warm and dry weather to complete final thermoplastic pavemen- marking installation. 0 Right of Way Status Pre -Design- Construction Complete N/A d O Q d M N O N City Council Actions 06 Design Contract Awarded 3/22/2022 a Construction Contract Awarded 4/26/2023 ❑ CT not awarded yet or not applicable E Sewer Fund 423 $1,689,212 $1,689,212 Q Funding Source Total $1,689,212 $1,689,212 Packet Pg. 51 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2024 Estimated Completion Date Project Manager Project Webpage Project Description Greg Malowicki Per the approved 2013 Sewer Comprehensive Plan, the project will replace pipe and related appurtenances at various CY locations throughout the City due to old age, being undersized, need to increase capacity, or more prone to breakage due tc N its material properties. N d Project Status a 90% design and review completed. Project to be combined with other utilites projects into the 2024 Utility Replacemetn � Proejct. 0 Right of Way Status .2 Pre -Design- Construction Complete N/A d O Q d M N O N City Council Actions 06 Design Contract Awarded 4/20/2023 a Construction Contract Awarded 0 CT not awarded yet or not applicable E t Sewer Fund 423 $349,517 $1,964,780 $2,314,297 Q Funding Source Total $349,517 $1,964,780 $2,314,297 Packet Pg. 52 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2023 Estimated Completion Date Project Manager Greg Malowicki Project Webpage 2023 Utility Replacement Project Description Per the approved 2013 Sewer Comprehensive plan and current video inspections of sewer mains, the project will line existir CY sewer mains that are subject root intrusion, infiltration and inflow, and damage that can be repaired by this trenchless M 04 method. N as w Project Status a Due to material delays the construction has been put on hold until January 2024. L 0 Pre -Design- Ptruction Complete Right of Way Status N/A a ',;j Related Documents 0 Q- a� a_ U M City Council ActionsOF N Design Contract Awarded 8/10/2021 06 CT not awarded et or not applicable a Construction Contract Awarded 4/26/2023 Y pp � .. c a� E t Sewer Fund 423 $423,710 $423,710 w r Funding Source Total $423,710 $423,710 Q Packet Pg. 53 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date $160,496 Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager F Project Webpage City Overlay Project Description Road pavement overlays to cover areas of roadways that were excavated and patched in previous years as part of the Sanitary Sewer Replacement Projects. Project Status Project is substantially complete. Right of Way Status Pre-DesignDesign N/A Related Documents City Council Actions Design Contract Awarded 12/16/2022 Construction Contract Awarded 8/15/2023 ❑ CT not awarded yet or not applicable Sewer Fund 423 Funding Source Total $200,000 $200,000 $200,000 $200,000 r Q Packet Pg. 54 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $1,126,000 (2023) Expenditures to Date $491,698 Estimated Construction Date Q3 2023 Estimated Completion Date 10/30/23 Project Manager Ryan Hague Project Webpage City Overlay Project Description Annual pavement preservation program to maintain City streets. Project Status Project is substantially complete. , I Pre -Design Final Design Related Documents City Council Actions fight of Way Status Construction Complete N/A Design Contract Awarded 12/16/2022 Construction Contract Awarded 8/15/2023 ❑ CT not awarded yet or not applicable Carry Forward / Budget Amendments Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Funding Funding Source Total $126,000 $126,000 $150,000 $150,000 $150,000 $450,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $3,000,000 $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $3,000,000 $500,000 $500,000 $500,000 $500,000 $500,000 $2,500,000 $1,126,000 $1,500,000 $1,500,000 $1,650,000 $1,650,000 $1,650,000 $9,076,000 CY M N 0 N d w fC a 0 :.i a 0 Q- a� c� M N 0 N 06 a c d E t v 0 w r Q Packet Pg. 55 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $2,583 000 Expenditures to Date $2 442 228 Estimated Construction Date Q3 2022 Estimated Completion Date 6/1/23 Project Manager Ryan Hague Project Webpage City Overlay Project Description Pi st. o<yMMc�� a S a a G - teem PI sva-188TH-STSW i m� � 3 ls9ih P SW Y 3 �n._ Sc sWv Oae vz�a PI sw ,a3 P r a 3 192nE PI sW , sw , t sw t93,a r n, gar 3s Pavement overlay of 76th Ave. W from 196th St. SW to Olympic View Dr. with pedestrian curb ramp upgrades and addition CY a bike lane for the northbound movement. This is a joint project funded by the Cities of Edmonds and Lynnwood, since the N west half of the street is in the City of Edmonds and the east half is in the City of Lynnwood. N d Project Status a Construction is Substantially Complete L 0 Right of Way Status Pre-DePre-Design Final Design Construction• • V_ N/A a Related Documents 0 Q- a� CY M City Council Actions �. N Design Contract Awarded 4/29/2021 06 CT not awarded et or not applicable a Construction Contract Awarded 7/26/2022 Y pp � .. c a� Project Funding 2023 2024 2025• • r E Carry Forward / Budget Amendments $1,613,415 $1,613,415 w r Street Fund 112 - Gas Tax & Multi -modal Q REET Fund 125 REET Fund 126 $3,315 $3,315 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants $11,685 $11,685 Other Unsecured Funding Funding Source Total $1,628,415 $1,628,415 Packet Pg. 56 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $1,200,000 Expenditures to Date $44 875 Estimated Construction Date Q3 2024 Estimated Completion Date Q3 2024 Project Manager Ryan Hague Project Webpage MAI N�S�T DAYTON 5T Project Description Pavement overlay along Main St. from 6th Ave. to 8th Ave. with pedestrian curb ramps upgrades. The project will be fundel CY with a federal grant (funds available in 2023) and City funds for a local match. M N 0 N Project Status Design is ongoing and the project to advertise for bids in May 2024 Right of Way Status o Pre -Design- n Construction Complete N/A �.V Related Documents a r_ 0 Q- a� IY City Council Actions CN Design Contract Awarded 6/26/2023 Construction Contract Awarded 0 CT not awarded yet or not applicable 06 a c d Street Fund 112 - Gas Tax & Multi -modal t REET Fund 125 $31,400 $156,000 $187,400 w r REET Fund 126 Q Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants $125,600 $624,500 $750,100 State Grants Unsecured Funding Funding Source Total $157,000 $780,500 $937,500 Packet Pg. 57 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $9,891,000 ; eoWDpw 3Pw 212THSISW ? r Expenditures to Date $9,069,005 3 3 220TH ST SW 3 n o > 3 y a a Estimated Construction Date Q2 2022 a 3 228TH ST SW a 3 Estimated Completion Date 07/31/2024 w e a � a I � v. i. 23fi TH ST SW Project Manager Jaime Hawkins v,n of SW —. 244TH ST S., I Project Webpage Highway 99 - Stake 2 `� Project Description Installation of raised landscaped median along Highway 99 corridor from 244th St. SW to 212th St. SW, addition of "Gatewa CY signage on both ends of the corridor, and a new pedestrian HAWK signal just north of 234th St. SW. The project is funded N from state funds provided by the Connecting Washington Transportation program, as well as REET funds. N d Project Status a Project is substantially complete. All contract work is complete to date, except the one year plant establishment. The plant establishment will be completed by end of July 2024. 0 Right of Way Status '2 D- �- • • • • i00%CL d O Related Do a_ cY M N O N City Council Actions 06 Design Contract Awarded 7/21/2020 a Construction Contract Awarded 5/3/2022 CT not awarded yet or not applicable E Project Funding 2023 2024• • Carry Forward / Budget Amendment $2,820,000 $2,820,000 Q REET Fund 125 REET Fund 126 $81,000 $81,000 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants $2,565,000 $2,565,000 Unsecured Funding Funding Source Total $5,466,000 $5,466,000 Packet Pg. 58 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $32,870,000 238THSTSWP11 x a s Expenditures to Date $533,385 Fob on 51 s., Estimated Construction Date Q1 2028 Estimated Completion Date Q4 2029 Project Manager Bertrand Hauss n °` • 244TH ST SW _. _ LAKE BALLINGER WA_Y_. �`r WAY_ LAKE Project Webpage https://www.edmondswa.gov/h - — -- roject Descri The Stage 3 Highway 99 project limits are from 244th St SW to 238th St. SW. The project will add a planter strip on both sid pr of the street, new street lighting, improved stormwater facilities, targeted utility replacements, potential undergrounding o- N overhead utilities, landscaping and other softscape treatments. The Design and right of way phases are funded through N secured Connecting Washington funds. Q. Project Status Y The 30% Design Plans and Estimates were submitted in January 2024 for City review. Stormwater, water quality, o environmental / BA requirements are still being discussed based on City of Edmonds Code and up -coming DOE revisions. - nal Design Construction Complete Vig of Way Status a C 0% o a m Related Documents d M N O N City Council Actions a Design Contract Awarded 6/1/2022 © CT not awarded pp d Construction Contract Awarded yet or not applicable E ea a Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 Transportation Impact Fees General Fund Water Utility Fund 421 $20,000 $20,000 $135,000 $100,000 $275,000 Stormwater Utility Fund 422 Sewer Utility Fund 423 $10,000 $10,000 $10,000 $30,000 $60,000 Federal Grants State Grants $2,010,000 $2,578,000 $1,470,000 $14,765,000 $6,381,000 $27,204,000 Unsecured Funding $5,241,000 $5,241,000 Funding Source Total $2,010,000 $2,608,000 $1,500,000 $14,910,000 $11,752,000 $32,780,000 Packet Pg. 59 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $42,534,000 Expenditures to Date $501,911 Estimated Construction Date 012028 Estimated Completion Date Q4 2029 Project Manager Bertrand Hauss Project Webpage https://www.edmondswa.gov/g Project Description ci — — --- -- 220TH ST SW .1! z - .�t!� ± ■ •' � �i�szi, w ■ !Jor G w 222d&SW MJ■ ± ZH pY � 11 0 220[h.5� SW The Stage 4 Highway 99 project limits are from 224th St SW to approximately 500 feet north of 220th St. SW. The project w CY add a planter strip on both sides of the street, new street lighting, improved stormwater facilities, targeted utility M N replacements, potential undergrounding of overhead utilities, landscaping and other softscape treatments. The intersectior N of Highway 99 and 220th St. will be widened to add capacity and improve the level of service. The Design and right of way phases are funded through secured Connecting Washington funds, a federal grant and local traffic impact fees. a Project Status 0 The 30% Design Plan and Estimates were submitted in January 2024 for City review. Stormwater, water quality, environmental / BArequirements are being determined based on Edmonds City Code and up -coming DOE revisions. Z a - al Design Construction Complete Right of Way Status o of Q d Related Documents M N O N 06 City Council Actions a c Design Contract Awarded 6/1/2022 E Construction Contract Awarded 0 CT not awarded yet or not applicable Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 w r Q REET Fund 126 $704,000 $565,000 $1,269,000 Transportation Impact Fees $365,000 $269,000 $1,917,000 $727,000 $3,278,000 Water Utility Fund 421 $40,000 $40,000 $300,000 $300,000 $680,000 Stormwater Utility Fund 422 Sewer Utility Fund 423 $20,000 $20,000 $150,000 $150,000 $340,000 Federal Grants $375,000 $1,284,000 $1,523,400 $970,000 $4,152,400 State Grants $1,087,000 $143,600 $1,230,600 Unsecured Funding $15,984,000 $15,550,000 $31,534,000 Funding Source Total $740,000 $2,700,000 $4,348,000 $2,262,000 $16,434,000 $16,000,000 $42,484,000 Packet Pg. 60 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $9,000,000 Expenditures to Date $587,387 Estimated Construction Date Q1 2027 Estimated Completion Date Q4 2027 Project Manager Bertrand Hauss Project Webpage 76th @ 220th Intersection I 219th St SW U m - 21919 3 220TH ST SW IN* w J � ¢ 7514 n ' x w �• Ff PFRA NrF WINCO STARBUCKI Project Description Reconfigure eastbound lanes to a left turn lane and through / right turn lane. Add eastbound and westbound dedicated leftCY turn lanes with a protected -permitted phase. Provide right turn overlap for westbound movement during southbound left N turn phase. (Additional improvements include wider sidewalk, bike lanes, and various utility improvements (including N potential conversion overhead utility lines to underground). ROADWAY PROJECT PRIORITY #1 in 2015 Transportation Plan a Project Status swrr D U) Progress was made on the 60% PS&E. Those documents are scheduled to be submitted to the City in January 2024. Progres was also made on the Environmental and BA documents and the DRAFTS are scheduled to be submitted to WSDOT in Q1 2024. Ilk Pre -Design Final D - :an Construction Complete Right of Way Status o 0% Iz d Related Documents TCY M N O N D 06 City Council Actions a c Design Contract Awarded 6/3/2021 E Construction Contract Awarded 0 CT not awarded yet or not applicable Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Water Utility Fund 421 Federal Grants State Grants Unsecured Funding Funding Source Total $316,000 $308,500 $108,000 $181,000 $30,000 $30,000 $7,000 $500,000 $372,750 $346,000 $274,750 $6,173, 000 $711,250 $800,000 $462,750 $6,673,000 $316,000 $597, 500 $567, 000 $993, 500 $ 6,173, 000 $8,647,000 w r Q Packet Pg. 61 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $4,400,000 Expenditures to Date $208,754 2z8THSTSW, Estimated Construction Date TBD �� 3 3 yQN .4 a zs Estimated Completion Date TBD o = ' e � e � 1 s ae U i ey Project Manager Bertrand Hauss Z 0 Project Webpage w zb'ns`s. Project Description Installation of an Adaptive System along SR-104 from 236th St. SW to 226th St. SW (total of five traffic signals along this CY stretch / spaced — % mile from each other). No signal communication currently exists between any of the existing traffic N signals. (SR-104 @ 236th St. SW, SR-104 @ 232nd St. SW, SR-104 @ 95th PI. W, SR-104 @ 100th Ave. W, and SR-104 @ 226t N St. SW). Possible future addition to this project may include addition of a traffic management center (TMC) at the Public Works Facility and connection of the Adaptive System to the TMC. a Project Status D U' L i The 30% plans were submitted to the City. The City will continue to pursue future grant opportunities for the Construction O Phase. a Pre-Designnal Design Construction Complete Right of Way Status,> o 0% Q a� Related Documents cY M N O N D 06 City Council Actions a c Design Contract Awarded 6/29/2022 E Construction Contract Awarded 0 CT not awarded yet or not applicable Street Fund 112 - Gas Tax & Multi -modal w r Q REET Fund 125 $32,865 $32,865 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants $210,575 $210,575 State Grants Unsecured Funding $1,984,000 $1,984,000 Funding Source Total $243,440 $1,984,000 $2,227,440 Packet Pg. 62 ENGINEERING PROJECT STATUS REPORT 2.1.a ESPERANCEI Estimated Project Cost $1,160,000 Expenditures to Date $4,742 m Christ Hkh Estimated Construction Date TBD ° '" a u ".=heran Ch,,ch 23e1n s, sw s ns,Park and Ride zo„ `csw m Z Estimated Completion Date TBDti E 2 c, w Project Manager Russell Lynch :w,:„w B1t0 p G Project Webpage 8° s" ssarHsrsw 228s,SW Project Description Install sidewalk along 84th Ave. W from 238th St .SW to 234th St. SW, with curb and gutter. This project ranked #5 in the Long Walkway List of the 2015 Transportation Plan. Project Status JL_ After the project had been suspended during Fall 2023, a 2024 budget decision package requesting $75,000 for up to 30% design was approved by Council on 12/27/23. Preliminary design to begin in January 2024. Right of Way Status Final Design Construction Complete N/A PF 'A ` 1� > > elated Documents Design Contract Awarded Construction Contract Awarded Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 ARPA Funds Federal Grants State Grants Unsecured Funding Funding Source Total $160,000 $1,000,000 $160,000 $1,000,000 0 CT not awarded yet or not applicable $160,000 $1,000,000 $1,160,000 d M N O N m M a M N Y L 0 a 0 a m d M N O N a c as E ea r Q Packet Pg. 63 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date 8/7/2023 Estimated Completion Date Project Manager Jaime Hawkins Project Webpage Citywide Bike Project Description Installation of bike lanes or sharrows along various street segments as identified on the Proposed Bike Facilities map of 201' Cy Transportation Plan. Bike lanes or sharrows will be added along 100th St. SW / 9th Ave. from 244th St. SW to Walnut St, N Bowdoin Way from 9th Ave. to 84th Av., 228th St. SW from 80th Ave. to 78th Ave., and 80th Ave. from 228th St. SW to 2201 N St. SW. RRFB's will be added at various crossings along the Bowdoin and 9th Ave. / 100th St. SW corridors. a Project Status D IMIL U) This project is currently under suspension due to weather. Construction will resume in early spring of 2024. The storm and roadway imporvements on 228th ST SW from 78th PI W to 80th Ave, roadway work and pedestrian improvements along : Bowdoin Way from 84th Ave W to 9th Ave S are and along 9th Ave S/100th Ave from Walnut ST to 3rd Ave S (Firdale) is 8V complete.Work will resume in early spring of 2024. a Right of Way Status o Pre -Design- . . Complete a) CL Or N/A a CY Related Documents o N Parking and Traffic Report - D 06 https://www.edmondswa.gov/UserFiles/Servers/Server_16494932/File/Government/Departments/Public%2OWorks%20al 3: %20Uti1ities/Citywide%20Bicycle%201mprove ments/Citywide%20Bicycle%20Improvements%20Parking%20and%200perati a s%20Report%2020210119.pdf E City Council Actions w r Design Contract Awarded 11/4/2020 a Construction Contract Awarded 6/27/2023 ❑ CT not awarded yet or not applicable Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 $522,347 $522,347 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Other (Sound Transit Grant) $1,249,500 $1,249,500 Funding Source Total $1,771,847 Packet Pg. 64 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date $69,588 Estimated Construction Date Q4 2023 Estimated Completion Date Project Manager Bertrand Hauss Project Webpage Traffic Calming Project Description Install traffic calming devices (such as Radar Feedback signs, speed cushions, or other elements). Project Status The evaluation was completed and the top (2) stretches from all submittals were determined (Olympic View Dr. from Olympic Ave. to High St. and 8th Ave. S from Elm Way to 15th St. SW). The Mayor allocated additional funding to this program in 2023 ($40,000). Speed tables will be installed along both stretches in Q1 2024. - - . truction Complete Right of Way Status N/A Related Documents City Council Actions Design Contract Awarded Construction Contract Awarded Carry Forward / Budget Amendments Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Funding Funding Source Total 0 CT not awarded yet or not applicable $30,000 $30,000 $33,130 $18,000 $18,000 $18,000 $18,000 $18,000 $123,130 $63,130 $18,000 $18,000 $18,000 $18,000 $18,000 $153,130 41 a M N 0 N Q R a L 0 3 a 0 a m v a M N 0 N a r c a� E s ca Q Packet Pg. 65 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date n/a Estimated Completion Date Project Manager Bertrand Hauss Project Webpage https://www.edmondswa.gov/g Project Descri Update the City's long range transportation plan. 1froject Sta All the existing conditions have been laid out and the modeling calibration is close to being completed. Modeling results of the future conditions will be determined once the forecasted land use throughout the City is provided. Several Citizen Transportation Committee meetings took place. Discussions regarding Multimodal LOS have begun. Data Gathering oblic al and Draft P[anj> Public Meeting> Adopt Right of Way Status PuOutreach N/A Related Documents Design Contract Awarded 5/20/2023 Construction Contract Awarded Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Funding Funding Source Total © CT not awarded yet or not applicable $170,000 $255,000 $425,000 $170,000 $255,000 $425,000 4 d M N 0 N d r.+ M Q. M w Y L 0 a_ 0 a m d M N O N a c as E 0 M Q Packet Pg. 66 ENGINEERING PROJECT STATUS REPORT Estimated Project Cost $1,032,000 7thand C Avw to Lsta PI > Elm Park Q Expenditures to Date $176,154 Elm st 01 Estimated Construction Date 8/7/2023 3 Estimated Completion Date 11/21/2023 el A a a = Project Manager Jaime Hawkins Elm PI a o Project Webpage Citywide Bike 'a Vista PI IF A i _ _■ # 220TH ST SW Project Description The walkway project is ranked #6 on the short walkway list from the 2015 Transportation Plan. The project will install CY approximately 700 feet of new sidewalk, six pedestrian curb ramps and modify the existing stormwater system on Elm Way N between 8th Ave. S and 9th Ave. S. N d Project Status a This project is currently under suspension due to weather. Construction will resume in early spring of 2024. The storm and roadway improvement work is 65%. Sidewalk and curb ramps are complete from 8th Ave S and Elm Way to Coronado PI an Elm Way. Complete, restoration and striping will be completed in the spring of 2024. Right of Way Status - - . . Complete a N/A O Q Related Documents 'Y cY M N O N City Council Actions 06 a Design Contract Awarded 5/26/2021 a� Construction Contract Awarded 6/27/2023 0 CT not awarded yet or not applicable E w w a Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 REET Fund 126 $552,047 $552,047 Transportation Impact Fees General Fund Stormwater Utility Fund 422 $349,927 $349,927 Federal Grants State Grants Unsecured Funding Funding Source Total $901,974 $901,974 Packet Pg. 67 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager Project Webpage Wroject Description Bertrand Hauss Upgrade traffic signal equipment at selected signalized intersections with new equipment within signal cabinet, new vehicul d detection, new vehicle heads, and/or new pedestrian heads. M N O N I Project Status The units for the addition of left turn phasing for the SR-104 movements at SR-104 @ 236th St. SW were purchased in 2022 M The construction phase is scheduled to be completed in 2024. Y L Pre -Design Final Design Construction Complete 'Right of Way Statu.SK N/A a Related Documents 0 a m d M N O N Design Contract Awarded Construction Contract Awarded 0 CT not awarded yet or not applicable a c a� E t Street Fund 112 - Gas Tax & Multi -modal r REET Fund 125 $30,280 $30,280 Q REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Grants Funding Source Total $30,280 $30,2 Packet Pg. 68 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager Bertrand Hauss Project Webpage https://www.policecareers.edm Project Description Addition of Rectangular Rapid Flashing Beacons (RRFB) and/or flashing LED lights around regulatory signs at selected CY locations throughout the City. This project will also be adding striping and signage. N 0 N Project Status The anchors were installed for the (2) remaining locations where RRFB's will be installed (5th Ave. @ Howell Way and 5th Ave. S @ Pine St.). The units will be installed in Q1 2024. School zone flashing beacons were installed at Edmonds-Woodwa, High School (all approaches). 0 Ilk Right of Way Status Pre -Design- Construction Complete N/A d O Related DoCL cY M N O N City Council Actions D Design Contract Awarded a Construction Contract Awarded 0 CT not awarded yet or not applicable E t Street Fund 112 - Gas Tax & Multi -modal Q REET Fund 125 $80,780 $80,780 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Grants Funding Source Total $80,780 $80,780 Packet Pg. 69 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $60,000 Expenditures to Date $17 165 Estimated Construction Date N/A Estimated Completion Date Q1 2024 Project Manager Russell Lynch Project Webpage Project Description The study will evaluate and inventory the City's existing street lighting system and identify gaps in service. The study will alsi CY develop a priority list of improvements and cost estimates, standard details for street and pedestrian lighting and policies fc N the addition of street lights on private developments and addition of street lights within residential neighborhoods. N d Project Status a The lighting evaluation results are expected to be submitted by consultant by the end of February 2024. L 0 nal Design Construction Complete Right of Way Status � Pre-DesignOF & N/A a Related Documents r_ 0 Q. a� U M City Council Actions N Design Contract Awarded 8/16/2023 06 Construction Contract Awarded 0 CT not awarded yet or not applicable a c Project Funding 2023 d 2024 2025r r r E Street Fund 112 - Gas Tax & Multi -modal w REET Fund 125 $60,000 $60,000 Q REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Grants Funding Source Total $60,000 $60,000 Packet Pg. 70 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date $4 564 Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager Project Webpage Bertrand Hauss Project Description Install guardrails along selected stretches throughout the City with steep drop-offs and other safety issues. Project Status The guardrail installation along 203rd St. SW was completed. Right of Way Status Pre -Design Final Design Construction Complete N/A Related Documents City Council Actions Design Contract Awarded Construction Contract Awarded 10/17/2023 Street Fund 112 - Gas Tax & Multi -modal REET Fund 125 $20,190 REET Fund 126 Transportation Impact Fees General Fund Stormwater Utility Fund 422 Federal Grants State Grants Unsecured Grants Funding Source Total $20,190 0 CT not awarded yet or not applicable CY M N 0 N d w fC a 0 C.1 a r_ 0 Q. a� CY co N 0 N 06 a c d $20,190 t v 0 w $20,190 r Q Packet Pg. 71 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2023 Estimated Completion Date Project Manager Greg Malowicki Project Webpage 2023 Utility Replacement Project Description Per the approved 2017 Water Comprehensive Plan, the project will replace/maintain pipe and related appurtenances at CY various locations throughout the City due to old age, being undersized, need to increase flow or pressure, or more prone to N breakage due to its material properties. N d Project Status a Project substantially complete. Awaiting warm and dry weather to complete thermoplastic pavement marking installation. L 0 Right of Way Status 3: Pre -Design Design ConstructionComplete N/A � a Related Documents 0 Q. a� a_ CY M City Council Actions N Design Contract Awarded 2/4/2022 06 CT not awarded et or not applicable a Construction Contract Awarded 4/26/2023 Y pp � .. c a� E t Water Fund 421 $1,700,000 $1,700,000 w r Funding Source Total $1,700,000 $1,700,000 Q Packet Pg. 72 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date Estimated Construction Date Q2 2024 Estimated Completion Date Project Manager Project Webpage Project Description Greg Malowicki Per the approved 2017 Water Comprehensive Plan, the project will replace/maintain pipe and related appurtenances at CY various locations throughout the City due to old age, being undersized, need to increase flow or pressure, or more prone to N breakage due to its material properties. N d Project Status a 90% design and review completed. Project to be combined with other utilites projects into the 2024 Utility Replacement � Proejct. 0 Right of Way Status .2 Pre -Design- Construction Complete N/A d O Q d M N O N City Council Actions 06 Design Contract Awarded 3/29/2023 a Construction Contract Awarded 0 CT not awarded yet or not applicable E t Water Fund 421 $506,128 $3,525,379 $4,031,507 Q Funding Source Total $506,128 $3,525,379 $4,031,507 Packet Pg. 73 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost Expenditures to Date $41 150 Estimated Construction Date Q3 2023 Estimated Completion Date Project Manager Ryan Hague Project Webpage 2023 Utility Replacement Project Description Road pavement overlays to cover areas of roadways that were excavated and patched in previous years as part of the Waterline Replacement Projects. Project Status Project is substantially complete. on Riau ay Status Pre -Design Final Design Constructi1� P Complete N/A Related Documents OT City Council Actions Design Contract Awarded 12/16/2022 Construction Contract Awarded 8/15/2023 ❑ CT not awarded yet or not applicable Water Fund 421 Funding Source Total $50,000 $50,000 $50,000 $50,000 r Q Packet Pg. 74 ENGINEERING PROJECT STATUS REPORT 2.1.a Estimated Project Cost $9,600,000 Expenditures to Date $237,867 Estimated Construction Date Q3 2025 Estimated Completion Date Q4 2026 Project Manager Greg Malowicki Project Webpage Project Description This work is being done to provide structural upgrades, repair leakages, and upgrades to our two underground potable watE CY storage reservoirs. Preliminary findings completed in early 2022 were used to determine order of magnitude/preliminary N costs and next steps for the now planned repairs and upgrades project. Preliminary report for the Yost Reservoir, which is N complete, shows that it will need a major structural and seismic retrofit, plus repairs to address leakage from the reservoir. Preliminary report for the Seaview Reservoir, which is in the process of being finalized, shows similar issues as the Yost a Reservoir, but to a somewhat lesser scale. L Project Status ° 30% Design completed and reviewed. Awaiting 60% design from consultant. a Right of Way Status Pre-Designnal Design Construction Complete o N/A d Related Documents cY M N O N 06 City Council Actions a c Design Contract Awarded 6/23/2022 E Construction Contract Awarded 0 CT not awarded yet or not applicable w w Q Water Fund 421 $805,000 $805,000 Funding Source Total $805,000 $805,000 Packet Pg. 75 3.1 City Council Agenda Item Meeting Date: 03/12/2024 Summer Market, Edmonds SpringFest, Edmonds Arts Festival, 4th of July and Taste Edmonds Special Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The City Council authorizes Event Agreements each year on behalf the City of Edmonds. All contracts were approved in 2023 and each of these special events took place on their typical dates. The Special Event Contracts under discussion are for large events that include street/right of way closures, expect to increase tourism and have significant positive economic impacts to the City. There are two additional events that meet this criteria including the Classic Car Show and Oktoberfest. Those event agreements are scheduled for review and approval by Council later this year. Staff Recommendation Staff recommends the Parks & Public Works Committee approve the Event Agreements in this agenda item and forward them to the March 19, 2024 Council meeting Consent Agenda and upon approval, authorize the Mayor to execute the contract agreements. The contracts include formal agreements between the City of Edmonds and the Edmonds -South Snohomish County Historical Society for the Summer Market; the Urban Craft Uprising for Edmonds SpringFest; the Arts Festival Association for the Edmonds Arts Festival and the Edmonds Chamber of Commerce for the 4th of July and Taste Edmonds. Narrative Each Event Agreement is quite similar to previous years with the exception of Taste Edmonds returning to the Civic Center Playfield after temporarily relocating to the Frances Anderson Center while Civic was under renovation. All event producers are required to follow festival guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Risk Management (HR), Development Services, and Economic Development Departments) and approved as to form by the City Attorney. Summer Market Event Agreement (attached): The Summer Market takes place every Saturday from May 4 - October 19, 2024 (excluding August 10, 2024 which is Taste Edmonds weekend) and is run by the Edmonds -South Snohomish County Historical Packet Pg. 76 3.1 Society. In 2024 the Market will expand to include additional booths on 5th Ave just north of Bell Street as outlined in the map. In addition, the city will have one 10 x 10 booth space on the first Saturday of each month to promote City business such as the Comprehensive Plan update and/or additional public outreach efforts. These events are free and open to the public and an alcohol permit is not required. SpringFest Event Agreement (attached): This event is produced by Urban Craft Uprising and is held on the Saturday before Mother's Day (May 11, 2024) at the Frances Anderson Center on the Field. The event will feature numerous craft booths. Eighth Avenue will be limited to local access only between Main Street and Dayton Street to allow for food trucks to park on the west side of the street and provide food service. This event is free and open to the public and an Alcohol Permit is not required. Edmonds Arts Festival Event Agreement (attached): The 2024 Edmonds Arts Festival, hosted by the Arts Festival Foundation, will take place on Father's Day weekend (June 14, 15, 16) as is tradition. This event has grown from a small community art fair to one of the most prestigious in the Pacific Northwest, attracting artists from across the nation and Canada. This event is free and open to the public. The festival does have a small wine/beer garden and alcohol permits are required. The festival utilizes 8th avenue between Dayton and Main Streets, the Frances Anderson Center building, playfield and bandshell as well as the Plaza west of the building and Plaza Room above the library. Special arrangements have been made with the Engineering Department to ensure the Main Street overlay project will be demobilized throughout the duration of this event; further arrangements are made with the library to ensure the Plaza and Plaza Room are available for this event. July 4th Parade and 5/11K Event Agreement (attached): The Edmonds Chamber of Commerce has produced the 4th of July Main St. Parade since it's founding in 1907. This event is truly a reflection of the most positive aspects of "An Edmonds Kind of Day" bringing together thousands of people of all ages and walks of life. The Beat the Brackett races are a collaboration between the City of Edmonds and the Town of Woodway and typically attracts 400+ runners and walkers. The 4th of July agreement outlines details for the use of City Streets, sidewalks, parking and City Park to support the planned Beat the Brackett Race (both a 5K and 1K) and the Parade on the 4th of July. Special arrangements have been made with the Engineering Department to ensure the Main Street overlay project will not obstruct visitors from visiting the downtown areas for these events. There are fees to participate in the race and/or the parade but no fee for spectators to attend and enjoy watching the parade. Taste Edmonds Event Agreement (attached): Taste Edmonds will take place Friday, August 9 - Sunday, August 11. Taste Edmonds is the Chamber of Commerce's largest fundraising event each year with revenues supporting multiple free events such as Halloween, the Holiday Tree Lighting, and the 4th of July Parade. The mix of live music, beer garden and food has a long standing history in Edmonds. In 2024 the event will return to the Civic Center Playfield after temporarily relocating to the Frances Anderson Center while Civic Center was under construction. The event will utilize nearly the entire park as outlined on the event map in the attached contract. There is a fee to attend this event and alcohol permits are required. The event will be an all ages event with a 21+ fenced section. The current plan is to have a makers market that will remain free and available to the public. Packet Pg. 77 3.1 Attachments: 2024 Summer Market Event Agreement 2024 SpringFest Event Agreement 2024 Edmonds Arts Festival Event Agreement 2024 July 4 Event Agreement 2024 Taste Edmonds Event Agreement Packet Pg. 78 3.1.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY Event Dates — May 4-October 12, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY (hereinafter referred to as the "Historical Society") (collectively, the "Parties"). WHEREAS, the Edmonds -South Snohomish County Historical Society has operated in the past a summer market ("Summer Market") to provide a marketplace for Edmonds residents to display their wares, which uniquely promotes artists and other small businesspersons and their products; and WHEREAS, the Parties, vendors, patrons and businesses located along 5th Avenue between Main and Bell Streets are supportive of continuing the Summer Market to commence the first Saturday in May and conclude the second Saturday in October; and WHEREAS, the City Council finds that in addition to providing an opportunity for economic development and a recreational resource to the citizens of Edmonds, the Summer Market promotes tourism to the community and could provide an initial springboard for the development of a small business; and WHEREAS, the City Council finds that the Summer Market provides an important opportunity for local farmers to provide fresh food to the community; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Historical Society and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City (some Historical Society responsibilities included). 1.1 Summer Market (May 4 through October 12): The City will provide use of the right of way on Bell Street between 5th and 6th Avenues and on 5th Avenue between Main Street and the Southern edge of the South parking lot entrance to the Public Safety parking lot as outlined in Attachment A for farmer/producer-based vendors each Saturday. 1.2 The City will allow vendor parking on the south, east and west sides of the police parking lot each Saturday for the Summer Market, as well as in the parking area under the City Hall building. Packet Pg. 79 3.1.a 1.3 All use and configuration of tents and other temporary facilities used in the Summer Market will be inspected and reviewed prior to the event by the Edmonds Fire Marshal or designated representative, in accordance with the provisions of the Open -Air Market Ordinance and the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Attachment B, attached hereto and incorporated herein by this reference. Tarps, tents, canopies and covers will be tested and labeled for fire resistance. The Historical Society will ensure that all participants adhere to all provisions of State and local law to ensure that no lasting or permanent damage is done to any public facility or property. The Fire Marshal or the City, in accordance with its lawful authority under statute and ordinance, may use their discretion to cancel this event or to prohibit the attendance of the general public in certain areas when doing so would be a violation of state law or local ordinance. 1.4 The City will install Summer Market banners as provided by the Historical Society at approved sites. The Historical Society will obtain a Street Banner Permit from the Public Works Department and pay the required fee. 1.5 The City will place ten (10) barricades and one (1) local access only sign behind the Museum prior to May 1 for the duration of the Summer Market. 1.6 The City will place rope and signage around the Holiday Tree requesting people not to enter the landscaped area. 1.7 The City will install appropriate "No Parking Saturdays" signage on 51h Avenue North between Main and Bell Streets and on Bell Street between 5th Avenue North and 6th Avenue by April 24, 2024. Signage will include four (4) portable A frame "no parking on Saturdays" signs to be placed on the north and south sides of Bell Street and the east and west sides of 51h avenue between Bell and the Public Safety parking lot for the duration of the Summer Market. 1.8 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items to strongly encourage their use. The City will provide signage for the on -site collection containers, and any on -site collection containers for trash, recycling and composting. The City will also supply appropriate bags for each collection container and will bill the Historical Society for collection bags required at the Summer Market. The Historical Society will be responsible for transporting any items deposited in these containers to the City's collection site located along the south wall of Fire Station 17. 1.9 The City will supply a key to allow the Historical Society to unlock the public restrooms adjacent to the market at 6:00 a.m. A City employee will perform routine maintenance in the restrooms mid -day. The City will maintain responsibility for locking the restrooms in the evening. The City will supply a contact number for issues related to the restroom. 2. Responsibilities of the Historical Society (some City responsibilities included). 2 Packet Pg. 80 3.1.a 2.1 2024 Summer Market season: May 4 through October 12. 2.2 Set up hours begin at 6:00 a.m. on Saturdays on 51h Avenue and 6:30 a.m. on Saturdays on Bell Street. 2.3 During the Summer Market, the sections of the Police parking lot not used by the Market will be reserved for police parking only. Parking restrictions will be posted and vendor and customer parking will not be allowed in this area. Violators may be towed at their own expense. 2.4 For the Summer Market, parking restrictions will be posted indicating violators will be towed. The Police Department will attempt to notify owners. If not located by 6:30 a.m., the police will proceed to have violating vehicles towed. 2.5 The Summer Marke will make available to the City one 10 x 10 Vendor booth location on the first Saturday of each month for promotion of City related activities. 2.6 For the Summer Market, street barricades must be in place at 6:30 a.m. on Saturday and removed by 4:00 p.m. The Historical Society will ensure that Sound Disposal will have adequate access to the alley next to the Museum for Saturday morning pickup. Sound Disposal will enter 5th Avenue from Main Street and access the alley by 8:00 a.m. at the latest. 2.7 The Historical Society will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall 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 shall be named as an additional insured on the Historical Society'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 shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain, that the Historical Society's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Historical Society's insurance and shall not contribute with it. The Historical Society 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. 2.8 The Historical Society agrees that the Summer Market is a public event. The Historical Society further agrees that areas constituting the City -Provided Site that are Packet Pg. 81 3.1.a covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Historical Society will permit citizens attending events open to the general public at a City -Provided Site during the Market to exercise therein their protected constitutional right to free speech without interference. 2.9 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Historical Society will strongly encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.10 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Historical Society will place clearly marked, City -supplied recycling, compost and waste containers throughout the Summer Market event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Historical Society will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.10, below). 2.11 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of noncompostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at the Summer Market will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. The Historical Society will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Historical Society will ensure that on -site collection containers are serviced properly and continually during the Summer Market. The Historical Society representative will meet with the City's Recycling Coordinator or representative prior to April 26, 2024, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.12 The Historical Society will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Historical Society's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Historical Society of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.13 Neither the Historical Society nor any of its officers, agents, or employees will discriminate in the provision of services under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 4 Packet Pg. 82 3.1.a 2.14 The Parties acknowledge that pursuant to Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Summer Market or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Historical Society warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the events described in this Agreement. 2.15 Historical Society agrees to the following Market days: Summer Market: Saturdays, May 4 through October 12, 2024 Historical Society agrees to the following Market hours of operation: Set up: 6:00 a.m. - 9:00 a.m. (6:00 a.m. start on 5th Avenue; 6:30 a.m. start on Bell Street) Open: 9:00 a.m. - 2:00 p.m. Takedown: 2:00 p.m. - 3:30 p.m. 2.16 The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Historical Society or the participants in the Summer Market. 2.17 The Historical Society will provide fire watch for all times in and around the booths and displays open to the general public as part of the Summer Market. 2.18 The Historical Society will provide a portable Sani-Can at 537 Bell Street for the duration of the Summer Market season. 2.19 The Historical Society will commit to being good stewards of the Veterans Plaza, including but not limited to monitoring and removal of garbage from the garbage can located in Veterans Plaza two (2) times per day and monitoring and prompt cleanup of any and all spills. 2.20 Individual vendors are responsible for packing out all of their own garbage. The Historical Society may deposit up to sixteen (16) thirty-three (33) gallon bags of garbage generated in their area in the dumpster located in the Public Safety Center's trash enclosure that abuts Fire Station 17. 2.21 The Historical Society will arrange for and pay for a recycling container from Sound Disposal. The container will be stored and serviced in the Public Safety Center's trash enclosure that abuts Fire Station 17. s Packet Pg. 83 3.1.a 2.22 Upon the completion of the event, the Historical Society will make adequate provisions for the cleanup and restoration of all sites rented or provided under terms of this Agreement, including but not limited to removal of any grease stains as a result of the event. 2.23 The Historical Society will pay the City all permit fees, in accordance with the provisions of Chapters 4.90 and 4.100 ECC, for the above -mentioned facilities use and services at least ten (10) days prior to the event. This Agreement will serve as the special event permit application required under ECC 4.100.040. 2.24 Colored flags or banners may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.25 No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Historical Society. It is not allowed to fasten anything to the buildings, structures or trees, and doing so may result in damage cost recovery and/or fine. 3. Miscellaneous. 3.1 Entire Agreement, integration, amendment, waiver, applicable law and venue. 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. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and 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. 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, 6 Packet Pg. 84 3.1.a official, agent, employee or representative of the Historical Society will be deemed to be the same of the City for any purpose. The Historical Society alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Historical Society in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish County Health District, and the City. It is in the interests of the Parties that the health and safety of event attendees and the general public is protected. It is the Historical Society's responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Historical Society of issue(s) relating to public health or safety and such issue(s) are not promptly 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 Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Historical Society breaches any of its obligations under this Agreement and fails to cure the same within five (5) day's written notice to do so by the City, the City may terminate this Agreement. DATED this day of CITY OF EDMONDS: Mike Rosen, Mayor ATTEST/AUTHENTICATED : Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. EDMONDS-SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY: Barb Fahey, Board Chair Packet Pg. 85 3.1.a Attachment A °n °l 4th and ter5ecti c S1gn at clo the in d sed to trams bell stat, road busln esses °n►V 1 - pen t0 Iota O0 Packet Pg. 86 Attachment B 3.1.a REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free r from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane a structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 87 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 3.1.a SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 88 3.1.a Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 89 Cooking Oil Storage PASS FAIL 1. Aggregate volume less than 120 gallons. ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: • Date last inspected: (Annually) • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ secured with a non-combustible strap or chain in an upright position and protected from impact. CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 90 3. 2A:10B:C portable extinguisher shall be provided along ❑ El3.1.a egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced = (Annually) 0 E w Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. y 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the a electric generators and internal combustion power sources w are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 91 3.1.a Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. c 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 92 3.1.a • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 93 3.1.a Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 94 Train Your Food Truck Staff on These Fire Safety Basics: 3.1.a • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 95 ATTENTION. 3.1.a Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 96 3.1.a Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 97 CERTIFICATE OF LIABILITY INSURANCE I 3.1.a I DATE (n 02/16/2024 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 be endorsed. If SUBROGATION IS WAIVED, subject tt the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thl certificate holder in lieu of such endorsement(s). PRODUCER Pro Insur, Inc dba Campbell Risk Management 9595 Whitley Drive, Suite 204 Indianapolis, IN 46240 Larry Spiker Ext 203 INSURED Edmonds -South Snohomish County Historical Society & Museum dba Edmonds Museum dba Edmonds Summer Market PO Box 298 Edmonds Washington 98020 `�; I Larry Spilker ext 203 317-848-9093 t,MAl�cc Ispilker@campbellrisk.com INSURER A: HANOVER INSURANCE GROUP I 22292 INSURER C : INSURER E: COVERAGES CERTIFICATE NUMBER: 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 SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000 CLAIMS -MADE FXOCCUR X X AA4031 LHW D481967-02 - 05 05/04/2024 05/04/2025 DAMAGE TO RENTED PREMISES Ea orcurrence $ 100, MED EXP (Any one person) $ 5, PERSONAL & ADV INJURY $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000, X POLICY PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 4,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE peraccident $ NON -OWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4 HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECU I IVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below 1 $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's operation. Blanket additional Insured applies per coverage form 421-2915 06 15. Certificate holdE if any, is hereby an additional insured. CERTIFICATE HOLDER CANCELLATION City of Edmonds, WA 121 5th Ave N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Edmonds, WA 98020 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AU(� TTHHO\�RIIZED REPRESENTATIVE + N C O E W N M H Ca t r+ 7 R N LL to 1 r.+ N N LL Of L ,000 OQQ- 04 0QJ OOA W Ot5 N E d L CD Q C d > W 10 4) CL co rr C d E 4) L Q 4) > W Y L E E In le 04 CD N c d E t c.i 10 Q © 1988-2014 ACORD CORPORATION ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD All rights reserved. Packet Pg. 98 3.1.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND URBAN CRAFT UPRISING Event Date — May 11, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the URBAN CRAFT UPRISING (hereinafter referred to as the "UCU") (collectively, the "Parties"). WHEREAS, the UCU has conducted a public event known as "Edmonds Spring Fest" (hereinafter referred to as the "Event") in 2018, 2019, 2021, 2022 and 2023; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for enjoyment 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 UCU 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 UCU obligations included). 1.1 The City will provide use of the Frances Anderson Center Playfield ("Playfield") and 8th Avenue between Main Street and Dayton Street (depicted on the Site Map in Exhibit A) (collectively referred to as the "City -Provided Site") so as to allow for the following: 1.1.1 The Event setup will begin on Friday, May 10, 2024 at 2:00 p.m.; street barricades to be in place by Friday, May 10, 2024 at 2:00 p.m. 1.1.2 The Event will run from 10:00 a.m. to 5:00 p.m. on Saturday, May 11, 2024 1.1.3 The Playfield will be used for the craft and food booths. The section of 81h Avenue depicted in Exhibit A will be utilized as an area for food trucks. 1.2 All surfaces listed will remain available to the UCU for Event purposes until Saturday, May 11, 2024 at 10:00 p.m. Final cleanup will take place as set forth in paragraph 2.9, below. 1.3 The City may irrigate the field prior to the event to reduce dust. The Playfield irrigation system will be turned off by 8:00 a.m. on Friday, May 10, 2024. 1.4 The City will provide up to ten (10) picnic tables, to be delivered to the Playfield. The UCU will provide crew members to assist with the moving and placement of the picnic tables. The UCU will be responsible for providing compost, recycle and garbage collection and removal of all trash. 1.5 City will remove the baseball field backstop and place it near the trees on the South side of the field. Packet Pg. 99 3.1.b 1.6 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the requirements of the "Outdoor Assembly Events" and the "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine 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. 1.7 Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., May 11, 2024, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the UCU 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. 1.8 Alcohol will not be served at the Event. 1.9 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 (see Traffic Control Plan in Exhibit B): 1.9.1 81h Avenue at Main Street, to close 8th Avenue 1.9.2 81h Avenue at Dayton Street, to close 8th Avenue 1.10 The City will identify ADA parking stalls and provide official handicapped parking signs One load/unload space each will be marked on Dayton and Main Street. 1.11 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 set forth in the ordinances of the City of Edmonds. 1.12 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, if any, will be mutually determined by the Chief of Police, or designee, and the UCU. 1.13 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. 1.14 The UCU must supply power as needed. 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 UCU). The UCU is not authorized to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.15 The UCU must have temporary panels and power poles, if applicable, removed by 12:00 noon on May 13 2024. Packet Pg. 100 3.1.b 2. Responsibilities of the UCU. 2.1 The UCU agrees to the following general open hours for the Event: Saturday, May 11, 2024 10:00 a.m. — 5:00 p.m. 2.2 The UCU will pay the City Three Hundred Seventy -Five Dollars ($375.00) for the above - mentioned facility use prior to April 12, 2024. 2.3 The UCU will submit a cleaning/damage deposit of Five Hundred Dollars ($500.00) to the City prior to April 12, 2024. The deposit will be refunded to the UCU 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. 2.2 The UCU will provide any and all security services necessary during the nighttime hours (nighttime 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 UCU or the participants in the Event. 2.3 The UCU is responsible for contracting with appropriate vendors for power. Further, the UCU will arrange for a walk-through with the City Electrician to obtain approval for the accommodation of power and electricity needs. 2.4 The UCU will provide sufficient portable sani-cans and wash stations. 2.5 The UCU will be responsible for all required City of Edmonds and State of Washington permits. The UCU will submit the fee for the park usage permit provided for by this Agreement. 2.6 The UCU will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.7 Garbage service will be contracted and paid for by the UCU. 2.8 UCU will contact community transit at Construction. Supervisorkcommtrans.org no later than April 11, 2024 to inform them of the closure of 8th avenue and the need to re-route their bus service during the closure. 2.9 The UCU will be responsible for restoring the Playfield to its original condition no later than 12:00 noon, Sunday May 12, 2024. A UCU representative will meet with a member of the City's Parks and Recreation Department on the afternoon of May 10, 2024, to inspect the facility to document the "original" condition of the Playfield. 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 to include removal of all garbage and equipment related to the event. 2.10 The UCU will supply no fewer than four (4) sheets of plywood to cover the field entrance on Dayton Street to mitigate potential turf damage from vehicles entering and exiting the site. 2.11 The UCU will operate the Event. Neither the UCU nor any of its officers, agents or employees will discriminate in the provision of services under this Agreement against any Packet Pg. 101 3.1.b 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. 2.12 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 statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The UCU 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. 2.13 The UCU agrees that the Event is a public event. The UCU further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the UCU will permit citizens attending events open to the general public during the Event to exercise therein their protected constitutional right to free speech without interference on City property. 2.14 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the UCU will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from Event participants, and arrange for recycling services. 2.15 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 UCU 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. 2.16 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The UCU will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The UCU will ensure that on -site collection containers are serviced properly and continually during the event. A UCU representative will meet with the City's Recycling Coordinator or representative prior to April 15, 2023, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.17 The UCU 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. 2.18 The Parks & Recreation Director will provide a temporary exemption to the No Dogs on playfields ordinance and allow dogs to be on leash at the Event. The UCU will ensure dogs do not enter the playground area and will ensure all dog waste is removed from the site. Police will be Packet Pg. 102 3.1.b notified of any aggressive dog behavior. The Parks & Recreation Director retains the right to suspend this temporary exemption at any time. 2.19 All requests for additional services and concerns of the Event will be directed by the UCU to the City's designated representative, Parks & Recreation Deputy Director, who may be contacted at 425-771-0230. 2.20 The UCU will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative will inspect the Playfield with the UCU designated representative prior to the Event opening to the public, and any potential problems will be noted and reported to the City prior to the Fire Marshall's briefing. At 9:00 AM on May 11, 2024, the Fire Marshal will brief designated representatives of the UCU of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Frances Anderson Center, as well as inspect for any electrical and fire safety hazards. The UCU and appointed representatives will be the responsible individuals for performing fire prevention and fire watch activities. 2.21 The UCU will insure that: 1) 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 in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. The UCU 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. 3) Tents are held down with sandbags and not stakes. 2.22 The UCU will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the UCU's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the UCU of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.23 The UCU will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall 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 shall be named as an additional insured on UCU'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 shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Packet Pg. 103 3.1.b The insurance policy shall contain, or be endorsed to contain, that UCU's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of UCU's insurance and shall not contribute with it. The UCU 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 A:VII. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. 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. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and 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. 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 UCU will be deemed to be the same of the City for any purpose. The UCU 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 UCU in the performance of this Agreement shall 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 County Health District, and the City. It is the UCU's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to UCU of issue(s) relating to public health or safety and such issue(s) are not promptly 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 Parks Director and at the sole discretion of the City, such issue threatens public health and safety. Packet Pg. 104 3.1.b 3.5 Termination. If the UCU breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this day of 2024. CITY OF EDMONDS: URBAN CRAFT UPRISING: Mike Rosen, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Lindsey Ross, Owner Packet Pg. 105 3.1.b EXHIBIT A: SITE MAP m D ► w n cn D133db101 a3SOID SI 3nN3AV HIS N _ O E W d N cu a Packet Pg. 106 3.1.b EXHIBIT B: TRAFFIC CONTROL PLAN City of EdmoMs EdmondsSpringFest Traffic Plan EDMONDS ST z z z w w w � Q Q _ BELL STcc �. rn MAIN ST Barricades and Closure Signs provided by Public 0 o a Works. Closed to all Traffic. MOO* Rana• Ammr•on Utrary 4M•rwn CanrrFNW C►ner O f7 Barricades and Closure Signs provided by Public :.AY TON Works. Local Access Only. w Q F- 00 MAPLE ST w Q V w > < ALDER ST r` !' Road Oosure Barricade r Reserved for ACA P Parking Signs •aaa� Food Trucks WALNUT ST West side only Mjv 202C E d d a� Q C 0) W to 0) U_ a� •L CL Cn N O N w _ d E t U fC a Packet Pg. 107 Exhibit C 3.1.b REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) N 0 W CU ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free a from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 108 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 3.1.b SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 109 3.1.b Regional Fire Marshals Mobile Food Preparation Vehicle Inspection _ N Checklist 0 E This document is a regional fire inspection checklist for mobile food preparation vehicles with the w intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find? a list of the jurisdictions that are participating in this program. This program does not omit local CU jurisdiction requirements and their permitting processes. All mobile food preparation vehicle 06 operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: 0 Q N d Contact Person: ai c •L a Phone Number: Email: `n CU L L&I Number (VEN): License Plate#: y Date Inspected: Fire Agency: a Inspector Signature: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 110 3.1.b Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. _ 0 LP -Gas Systems PASS FAIL N/A w 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ 06 adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: > • Date last inspected: (Annually) W • Date of last hydro: a 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. El El Ela� c • Last test date: Q 6. LP shut off valves installed and accessible. El El El`n 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ CU secured with a non-combustible strap or chain in an upright position and protected from impact. vi CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 111 3.1.b 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced y (Annually) o E LU Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ CU 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ 06 Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the electric generators and internal combustion power sources are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. a) E a) W L Q i d W N d U- C �L ''Q^. Cn N O N w C d E t U fC a 3 Packet Pg. 112 3.1.b Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 113 3.1.b • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 114 3.1.b Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 115 Train Your Food Truck Staff on These Fire Safety Basics: 3.1.b • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 116 ATTENTION. 3.1.b Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The original manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. tills C Q W I N 8 = 8 ~ Owl06 RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" indicates cylinder must he requalified 7 date be requasfied within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalified by 712019 in this example) ® it cylinder is out of test find an approved requaliffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and https:ilponal. phmsa.dot,govr'rinlocator Harordous Materials Safety Administration Packet Pg. 117 3.1.b Participating Fire Agencies 0 This list will be revised based on changes and posted to the King County Fire Chiefs webpage E located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) w a� CU Bellevue Fire 06 Bothell Fire Eastside Fire Enumclaw Fire CE Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Q. Cn Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County E a� Snohomish Regional Fire and Rescue a, a South King Fire d Tukwila Fire w Valley Regional Fire Authority U- a� Woodinville Fire & Rescue L Q. Cn If your jurisdiction would like to become a participating agency, please contact Tami c Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. N w m E 0 fC a Revised 12/5/2022 Packet Pg. 118 Permit FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Customer Name Lindsey Ross -14534 Customer Type General Public Mailing Address Urban Craft Uprising 4207 SE Woodstock Blvd. #381 Portland, OR 97206 System User Todd Cort Spring Fest 24 Booking Summary START DATE/TIME May 10, 2024 2:00 PM May 11, 2024 8:00 AM START DATE/TIME May 10, 2024 2:00 PM May 11, 2024 8:00 AM Resource level fees END DATE/TIME May 10, 2024 9:00 PM May 11, 2024 9:00 PM END DATE/TIME May 10, 2024 9:00 PM May 11, 2024 9:00 PM START DATE/TIME END DATE/TIME May 10, 2024 2:00 PM May 10, 2024 9:00 PM May 11, 2024 8:00 AM May 11, 2024 9:00 PM Resource level fees Deposit EVENT RESOURCE DEPOSIT FEE CHARGE 3.1.b Permit # R5235 Status Approved Date May 18, 202312:40 PN N Home Phone Number (503) 488-6022 -p Email Address IindseyC@urbancraftuprising.com p E W N w N H 06 s r Rental Fee $375.00 �+ Discounts $0.00 4 Subtotal $375.00 Deposits $500.00 N Deposit Discounts $0.00 Li N Total Permit Fee $875.00 Q N N ILL Total Payment $0.00 C Refunds $0.00 Q Balance $875.00 N N M 3 resource(s) 6 booking(s) Subtotal: $875.00 c a� E m L Center:Q ATTENDEE AMT W/O TAX rt+ d 1 $0.00 W 'R_ 1 $0.00 v Q to ATTENDEE AMT W/O TAX .r d 1 $0.00 N L 1 $0.00 Q C $375.00 Center: FAC W ATTENDEE AMT W/O TAX ILL 0) 1 $0.00 'Ci Q 1 $0.00 N O $500.00 N C N E s ca w Q TAX AMOUNT PAID REFUNDS BALANCE # R5235 Status Approved Packet Pg. 119 Spring Fest FAC - Grass Damage 24 B Deposit Payment Schedules DUE DATE AMOUNT DUE Mar 11, 2024 $875.00 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 $500.00 3.1.b $0.00 $0.00 $0.00 Original Balance: $875.00 Current Balance: $875.00 AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE to C $0.00 $0.00 $875.00 C E M W N w N H X: °6 s r 3 Date: Lindsey Ross v Customer ID: 14534 LL Home Phone Number: (503) 488-6022 Email Address: lindsey@urbancraftuprising.com Q N N LL ZA C C Q N N M to C N E d d L Q rt+ C > w Q U) rt+ C E L Q > w LL �L Q N O N C N t t) R Q # R5235 Status Approved Packet Pg. 120 3.1.c EVENT AGREEMENT N CITY OF EDMONDS, WASHINGTON AND Ca EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED y THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival, which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; 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 Festival Association obligations included). 1.1 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 6 at 8:00 am to June 18 at 5:00 pm Rooms 114, 123, 206, 207, 208, 209 and 301 for nonpublic use. Under no circumstances will the Festival Association have access to the Sculptors Workshop Rooms 210 & 211. June 6 at 8:00 am to June 17 at 5:00 pm Gymnasium The Festival Association will cover the gym floor to prevent damage. June 12 at 8:00 am to June 18 at 8:00 am Playfield and amphitheater The Frances Anderson Center playfield ("Playfield") will be used for Artwork Booths. The City may irrigate the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 11, 2024. The Festival Association agrees to cover the baseball infield dirt only. Packet Pg. 121 3.1.c The courtyard area adjacent to the Frances Anderson building (West of the amphitheater, N south of the gymnasium, east of the building) may be used for a food concession area. The M City will provide up to fifteen (15) picnic tables and up to fifteen (15) garbage cans to the Ca Frances Anderson Center field. The Festival Association will provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival 3 Association will be responsible for providing a dumpster for trash and grease traps for wastewater disposal. The Festival Association will provide the City with a list of supplies > for use both inside the building and the Playfield (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 11 at 8:00 am to June 17, at 5:00 pm. Plaza Room June 11 at 8:00 am to June 17, at 5:00 pm. Plaza Patio 1.3 All of the rooms identified herein will be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 The City will provide potable water access in two locations. First, attached to the Frances Anderson Center exterior behind the bandshell and the second near the corner of 81h and Main St. 1.6 The City will mark all irrigation lines on the playfield. 1.7 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 13 at 8:00 am until June 17 at 12:00 noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will ensure that these safety barriers are kept in place for the duration of the event, see Exhibit A. 1.8 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 11 through June 17; provided, however, that the Festival Association will provide nine (9) parking permits and marked stalls for Library staff/patrons, which include three (3) handicapped parking stalls. The Dayton Street book drop and the Library Packet Pg. 122 3.1.c receiving area must remain open at all times. The City will provide official handicapped N parking signs as identified in Exhibit A. One (1) load/unload space each will be marked on (a Dayton and Main Street. Ca 1.9 The City will install Edmonds Arts Festival street banners at all approved sites. The Festival Foundation will obtain a Street Banner Permit from the Public Works Department and pay the required fee. 1.10 The City will provide one (1) 200-amp panel of electrical service; the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 2, 2024, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying the Snohomish County PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an "on - call" basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4-hour overtime callback. 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 and Recreation Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association. It is not allowed to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.11 The Festival Association must have temporary panels and power poles removed by 12:00 noon on June 19, 2024. 1.12 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on - site collection containers and any additional containers, if needed. 1.13 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 set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, 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 Packet Pg. 123 3.1.c ban. The Festival Association warrants that it will comply with the smoking ban and will N utilize the services and advice of the Snohomish County Health Department in assuring M compliance during the event described in this Agreement. Ca 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association will permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association 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. The Festival Association will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 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 Festival Association 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. 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non- compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Festival Association will ensure that on -site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City's Recycling Coordinator or representative prior to June 12, 2024, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or designee. Nothing will be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association will be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member Packet Pg. 124 3.1.c of the City's Parks and Recreation Department prior to June 12, 2024 and on June 18, 2024 N to inspect the facility to document the "original" and post event condition of the Anderson M Center, the Plaza Rooms, and outside areas. Ca 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 6 at 8:00 am until June 17. The Festival Association will meet with the City's Lead Custodian to review cleaning expectations prior to event. In the event of a call -out during the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour overtime callback. 2.9 The Festival Association 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. 2.10 The Festival Association will provide manpower to assist with the tear -down of Room 207, date and time TBD prior to June 6, 2024. Also, City clients will have access to the weight room (200A) for drop -in use up until 1:00 pm, Wednesday, June 12, 2024, and starting again at 8:30 am, Tuesday, June 18, 2024. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the gymnasium and the weight room by 12:00 noon, Monday, June 10, 2024. The hallway must be opened by 2:00 pm, June 13 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.11 Permits: The Festival Association will be responsible for all required city and state permits. The Festival Association 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. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the State of Washington. 2.12 Clean -UP: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by 12:00 noon, June 18, 2024 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 18, 2024. 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 18, 2024 at 12:00 noon. Packet Pg. 125 3.1.c 5) Restroom facilities will be professionally cleaned and ready for public use no N later than June 17 at 12:00 noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. 7) Wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:OOpm on June 18, 2024. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). 8) Install drain guards on all affected storm drains prior to the beginning of the Festival, and for removing them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. 9) Disposal of wastewater will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.13 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 10, 2024 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 am on June 14, 2024, the Fire Marshal will brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.14 The Festival Association will comply with all South County Fire guidelines, including the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit B, attached hereto and incorporated herein by this reference, and will additionally insure that: 1) 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 in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. Packet Pg. 126 3.1.c 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court IM concessions will use the Main Street entrance for loading and unloading. Ca 3) Precaution and measures are taken to prevent water from entering into the interior of the Frances Anderson Center buildings. 2.15 Fees: The Festival Association will pay a fee of $5,500.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the above -mentioned facilities in this Agreement no later than May 13, 2024. The Festival Association will pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. 2.16 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 13, 2024. The deposit will be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.17 Indemnification: The Festival Association 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 Festival Association and the City, its officers, officials, employees, and volunteers, the Festival Association's liability hereunder shall be only to the extent of the Festival Association's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Festival Association'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. 2.18 Insurance: The Festival Association will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall 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 shall be named as an additional insured on the Festival Association'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 shall be written with limits no less than $2,000,000 each occurrence ($1,000,000 Commercial General Liability and Packet Pg. 127 3.1.c $1,000,000 Umbrella), and $3,000,000 general aggregate ($2,000,000 Commercial N General Liability and $1,000,000 Umbrella). The insurance policy shall contain, or be endorsed to contain, that the Festival Association's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association's insurance and shall not contribute with it. In the event that the Festival Association's employees and/or volunteers provide the service of alcohol at the event, the Festival Association's General Liability insurance will also include host liquor liability coverage. However, if the Festival Association contracts with a third -party vendor or vendors to provide all service of alcohol, the Festival Association 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 Festival Association's Certificate of Insurance. The Festival Association 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 A:VII. 2.19 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City's designated representative, Parks Deputy Director, 425-771-0232. 3. Miscellaneous 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. 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. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and 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 pandemic -related restrictions, fire, flood, strike or other labor Packet Pg. 128 3.1.c difficulty, act of nature, 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. 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 Festival Association will be deemed to be the same of the City for any purpose. The Festival Association 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 Festival Association in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Festival Association's responsibility to ensure that all of its representatives and all participants in the events comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Festival Association of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the event(s) or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. If the Festival Association breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so by the City, the City may terminate this Agreement. DATED this day of CITY OF EDMONDS: Mike Rosen, Mayor ATTEST/ AUTHENTICATED Scott Passey, City Clerk 2024. EDMONDS ARTS FESTIVAL ASSOCIATION Diane Cutts, Arts Festival Co -President APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 129 3.1.c D m N O N W Exhibit A Parking and Street Closure Map Packet Pg. 130 3.1.c p (O W V M In A W f j — T (n C C V) (n Ln Ln t!1 -0 m O EO EO O O O O-00O Z O M Q rD 0 0 0 0 0 3 O N N N O O C O T T-, 0 0 0 0 -0 0 0 m m rD a fl, ODaa nnn < O G C m D o 3 3 n n n o ° m a Q D m o 0 0 n n a N n n V i O Z V m m ENTRANCE o ■ ■ ■ m ao rn o O p 0 (D 00 V ' O 00 W N N nJ 14' V N 14' r 14' co Ln 61 W W W W W A J A W N A N _ X N X rn Ol ON A 3 In N X 41 6 In Ul A (n w FF 14 8s I v II N 14' W N A N X In X m m O1 ol (O `J ON In A W N N O N O fj O N O N O IV O N O N O tj N '2 CO N N O N N W N N � N � N 14 nj N N N N N N N N V N W ON fj W LJ Kj W A N W W N W Ij N W N W fj N 14' X W N N X N N X N N X N W N N — X .Nla ol ko N W V N A N A 11 & (n IV A A N A W N A N N A N A. V U VNi A (Nn W Ln N VNi ON 0 w 0 w 0 w 0 w 0 w 0 a LA f-j W N w nJ In W N A W IV N W hJ W 14' 14' W N 14' 14' w w w w w W W ON A W A W A N wLn W A lWn (WJl VWi W A N N N N N N N W In N N W W Ol A O1 K) mW X V w W X V W W X V W X V O � In V T� N m m Packet Pg. 131 Exhibit B 3.1.c REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) to H ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free a from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 132 3.1.c d M ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 133 3.1.c Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 134 3.1.c Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. W LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ ;, tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. y 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: Q w • Date last inspected: W Ui (Annually) •L • Date of last hydro: Cn 4. LP tanks securely mounted and piping protected. El El El0 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ M • Last test date: 6. LP shut off valves installed and accessible. ❑ ❑ ❑ c 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ a� E secured with a non-combustible strap or chain in an upright position and protected from impact. a r c m CNG Systems PASS FAIL N/A w 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) N • Number of tanks: • Size of tanks: r a� • Tank expiration date(s): E as L • Date last inspected: a (Every 3 years) • Date of last hydro: > w 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑, • Last tested date: as w N Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ o deep fat fryer or solid fuels). E • Date last Serviced w (Annually) N 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 135 3.1.c 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. a� • Date last serviced y (Annually) Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the electric generators and internal combustion power sources are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 136 3.1.c Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 137 3.1.c • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. N • Manual Actuator is installed between 48 to 42 inches above the floor. M • System Annunciation indicator (audible or visual) is provided to show that the system has been 06 activated. s • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 138 3.1.c Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking N for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been M recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 06 02X07E or 07ABC07E. r Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 139 Train Your Food Truck Staff on These Fire Safety Basics: 3.1.c • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 140 ATTENTION. 3.1.c Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® if cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration Packet Pg. 141 3.1.c Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 d y Packet Pg. 142 Permit 3.1 ,c FAC (Frances Anderson Center) PHONE:(425) 771-0230 Permit # R5413 700 Main Street FAX:(425) 771-0253 Status Approved Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Date Jun 30, 202312:58 PN _ O Organization Name Edmonds Arts Festival - 4 '0 Customer Type Organization W� Organization Address P O. Box 212 N Edmonds, WA 98020 H 06 Agent Name Diane Cutts Home Phone Number (425) 742-8237 r Email Address twocuttsC@comcast.net 3 System User Chris Brinton w N Rental Fee $5,750.00 LL Discounts $0.00 U) Subtotal $5,750.00 Q Deposits $1,000.00 N N Deposit Discounts $0.00 LL Total Permit Fee $6,750.00 C sZ y N I Total Payment $0.00 M Refunds $0.00 Balance $6,750.00 _ N E d O L Arts Fest 24 16 resource(s) 187 booking(s) Subtotal: $6,750.00 Q a� Booking Summary i j is •.. v O START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX ) Jun 6, 2024 8:00 AM Jun 6, 202410:00 PM 1 $0.00 d E Jun 7, 2024 8:30 AM Jun 7, 2024 8:30 PM 1 $0.00 N L Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 $0.00 Q _ Jun 9, 2024 9:00 AM Jun 9, 2024 9:00 PM 1 $0.00 N W Jun 10, 2024 9:00 AM Jun 10, 2024 8:30 PM 1 $0.00 Jun 11, 2024 8:30 AM Jun 11, 2024 8:30 PM 1 $0.00 y N ILL Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 $0.00 N Q Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 $0.00 U) _ Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 $0.00 O E Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 $0.00 W le N Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM 1 $0.00 C N r.+ Jun 16, 2024 9:00 AM Jun 16, 2024 9:00 PM 1 $0.00 = N E Jun 17, 2024 9:00 AM Jun 17, 2024 8:30 PM 1 $0.00 s t) r # R5413 Status Approved Packet Pg. 143 Jun 18, 2024 7:00 AM Jun 18, 2024 9:30 PM Facility Notes Regular size carpeted classroom. No food or drink allowed. Holds 20 people. No tables or chairs. START DATE/TIME Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM END DATE/TIME Jun 6, 2024 9:30 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM 3.1.c 1 N C O ATTENDEE AMT W/O TAX E 1 $0.00 W N 1 $0.00 w N H 1 $0.00 s r 1 $0.00 �+ 3 1 $0.00 1 $0.00 w N d 1 $0.00 LL N 1 $0.00 Q 1 $0.00 N N LL 1 $0.00 C Q CO) 1 $0.00 N 1 $0.00 1 $0.00 t/1 C 1 $0.00 N E d O L START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Q C Jun 6, 2024 8:00 AM Jun 6, 2024 8:00 PM 1 $0.00 d W Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 $0.00 �C N Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 $0.00 Jun 9, 2024 8:00 AM Jun 9, 2024 9:30 PM 1 $0.00 C C d Jun 10, 2024 8:30 AM Jun 10, 2024 9:00 PM 1 $0.00 N N L Jun 11, 2024 8:30 AM Jun 11, 2024 8:30 PM 1 $0.00 Q Jun 12, 2024 8:00 AM Jun 12, 2024 8:30 PM 1 $0.00 C N W Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 $0.00 R Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 $0.00 N N LL Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 $0.00 N Jun 16, 2024 8:00 AM Jun 16, 2024 9:30 PM 1 $0.00 Q N Jun 17, 2024 8:30 AM Jun 17, 2024 9:30 PM 1 $0.00 C O E Jun 18, 2024 8:30 AM Jun 18, 2024 8:30 PM 1 $0.00 W W Facility Notes o N Regular size tiled classroom with 12 tables and 30 chairs. Room has a sink, projector screen and black board. Holds 25 -30 people. Food/drink allowed. ;j START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX # R5413 Status Approved Packet Pg. 144 Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only START DATE/TIME Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only Jun 6, 2024 8:00 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 $0.00 N $0.00 cc E $0.00 w W N $0.00 �0) H $0.00 orj s r $0.00 $0.00 $0.00 > w N $0.00 iy N $0.00 a $0.00 LL $0.00 = •L Q AMT W/O TAX C $0.00 E d $0.00 $0.00 = d $0.00 W 5 $0.00 0 Q $0.00 $0.00 d E $0.00 N L $0.00 Q C $0.00 >> IJ.I $0.00 > $0.00 w N Li $0.00 N Q $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 6, 2024 8:00 AM Jun 6, 2024 8:00 PM 1 $0.00 Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 $0.00 # R5413 Status Approved Packet Pg. 145 Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes Not available to public START DATE/TIME Jun 6, 2024 8:00 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 8:00 AM Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 4:00 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:00 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:30 PM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM 1 1 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 $0.00 N $0.00 cc E $0.00 w W N $0.00 �0) H $0.00 s r $0.00 $0.00 $0.00 > $0.00 w N Iy $0.00 to a N IL s� C Q CO AMT W/O TAX N $0.00 $0.00 t/1 C $0.00 E d $0.00 s� Q $0.00 = d $0.00 W 5 $0.00 0 Q $0.00 $0.00 d E $0.00 N L $0.00 Q C $0.00 >> IJ.I $0.00 > $0.00 w to N START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 6, 2024 8:00 AM Jun 6, 2024 8:00 PM 1 $0.00 Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 $0.00 Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 $0.00 Jun 9, 2024 8:00 AM Jun 9, 2024 9:30 PM 1 $0.00 # R5413 Status Approved Packet Pg. 146 Jun 10, 2024 8:30 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:00 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 8:00 AM Jun 17, 2024 8:30 AM Jun 18, 2024 8:30 AM Facility Notes For Gymnastics use only START DATE/TIME Jun 6, 2024 8:30 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 9:00 AM Jun 10, 2024 9:00 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM START DATE/TIME Jun 6, 2024 8:30 AM Jun 7, 2024 8:30 AM Jun 8, 2024 9:00 AM Jun 9, 2024 9:00 AM Jun 10, 2024 9:00 AM Jun 11, 2024 8:30 AM Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 10, 2024 9:00 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 9:30 PM Jun 16, 2024 9:30 PM Jun 17, 2024 9:30 PM Jun 18, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:30 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:00 PM Jun 10, 2024 8:30 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM END DATE/TIME Jun 6, 2024 8:00 PM Jun 7, 2024 8:30 PM Jun 8, 2024 2:00 PM Jun 9, 2024 9:00 PM Jun 10, 2024 8:30 PM Jun 11, 2024 8:30 PM Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 $0.00 N $0.00 cc E $0.00 w W N $0.00 �0) H $0.00 s r $0.00 $0.00 $0.00 > w N d u_ rn a - AMT W/O TAX LL $0.00 C i Q CO $0.00 N $0.00 $0.00 C $0.00 d $0.00 Q $0.00 = d $0.00 W 5 $0.00 0 Q $0.00 $0.00 d E $0.00 N L $0.00 Q AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 # R5413 Status Approved Packet Pg. 147 Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 Jun 16, 2024 9:00 AM Jun 16, 2024 9:00 PM 1 Jun 17, 2024 9:00 AM Jun 17, 2024 8:30 PM 1 START DATE/TIME END DATE/TIME ATTENDEE Jun 6, 2024 9:00 AM Jun 6, 2024 8:00 PM 1 Jun 7, 2024 8:30 AM Jun 7, 2024 8:00 PM 1 Jun 8, 2024 9:00 AM Jun 8, 2024 2:00 PM 1 Jun 9, 2024 8:00 AM Jun 9, 2024 9:30 PM 1 Jun 10, 2024 8:30 AM Jun 10, 2024 9:00 PM 1 Jun 11, 2024 8:30 AM Jun 11, 2024 8:30 PM 1 Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 Jun 14, 2024 8:30 AM Jun 14, 2024 8:30 PM 1 Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM 1 Jun 16, 2024 8:00 AM Jun 16, 2024 9:30 PM 1 Jun 17, 2024 8:30 AM Jun 17, 2024 9:30 PM 1 Jun 18, 2024 8:30 AM Jun 18, 2024 8:30 PM 1 Facility Notes Regular size classroom with laminate floor. No tables, chairs, shoes, food or drink allowed. Holds 20 people. Permission required to rent. Edmonds Plaza Room - Banquet Room (Meeting) START DATE/TIME Center: Edmonds Plaza Room END DATE/TIME ATTENDEE Jun 11, 2024 8:00 AM Jun 11, 2024 8:00 PM 1 Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 Jun 14, 2024 9:30 AM Jun 14, 2024 10:00 PM 1 Jun 15, 2024 9:30 AM Jun 15, 202410:00 PM 1 Jun 16, 2024 9:30 AM Jun 16, 2024 10:00 PM 1 Jun 17, 2024 8:30 AM Jun 17, 2024 8:30 PM 1 $0.00 N $0.00 cc W W AMT W/O TAX w N cc $0.00 1 $0.00 r $0.00 2' 3 $0.00 $0.00 d ILL $0.00 U) a $0.00 N N $0.00 L C $0.00 Q CO) AMT W/O TAX M N $0.00 $0.00 = d $0.00 N L $0.00 Q $0.00 = N $0.00 W� $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 11, 2024 9:00 AM Jun 11, 2024 8:00 PM 1 $0.00 Jun 12, 2024 8:30 AM Jun 12, 2024 8:30 PM 1 $0.00 Jun 13, 2024 8:30 AM Jun 13, 2024 8:30 PM 1 $0.00 Jun 14, 2024 9:30 AM Jun 14, 2024 10:00 PM 1 $0.00 Jun 15, 2024 9:30 AM Jun 15, 202410:00 PM 1 $0.00 Jun 16, 2024 9:30 AM Jun 16, 2024 10:00 PM 1 $0.00 # R5413 Status Approved Packet Pg. 148 Jun 17, 2024 8:30 AM Resource level fees Jun 17, 2024 8:30 PM 3.1.c 1 $6,750.00 START DATE/TIME Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM Jun 18, 2024 8:00 AM START DATE/TIME Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM Jun 18, 2024 8:00 AM START DATE/TIME Jun 12, 2024 8:30 AM Jun 13, 2024 8:30 AM Jun 14, 2024 8:30 AM Jun 15, 2024 9:00 AM Jun 15, 2024 2:00 PM Jun 16, 2024 9:00 AM Jun 17, 2024 9:00 AM Jun 18, 2024 8:00 AM Custom Questions QUESTION Do you plan on serving alcohol at your event? Notes: END DATE/TIME Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 202410:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM Jun 18, 202410:00 PM END DATE/TIME Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 2024 10:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM Jun 18, 202410:00 PM END DATE/TIME Jun 12, 2024 8:30 PM Jun 13, 2024 8:30 PM Jun 14, 2024 8:30 PM Jun 15, 2024 2:00 PM Jun 15, 202410:00 PM Jun 16, 2024 9:00 PM Jun 17, 2024 8:30 PM Jun 18, 202410:00 PM ANSWER No Leave early ATTENDEE 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 AMT W/O TAX = O $0.00 E W $0.00 w N cc $0.00 H $0.00 r $0.00 % 3 $0.00 $0.00 d U- $0.00 U) - a AMT W/O TAX Li $0.00 = L Q $0.00 U) N $0.00 cc $0.00 t/1 $0.00 4) E d $0.00 d $0.00 Q C d $0.00 W v AMT W/O TAX Q $0.00 C d $0.00 E N N $0.00 Q $0.00 C N $0.00 W cC $0.00 N N $0.00 LL N $0.00 Q # R5413 Status Approved Packet Pg. 149 Deposit EVENT Arts Fest 24 RESOURCE EPR Patio Payment Schedules DUE DATE May 13, 2024 Date: DEPOSIT FEE CHARGE Damage $1,000.00 Deposit AMOUNTDUE $6,750.00 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 3.1.c TAX AMOUNT PAID REFUNDS BALANCE $0.00 $0.00 $0.00 $1,000.00 w C O E W Original Balance: $6,750.00 Current Balance: $6,750.00 w; N H AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE s $0.00 $0.00 $6,750.00 3 X: w N d LL rn a Date: +r rn d LL Edmonds Arts Festival C Customer Type: Organization Q Customer ID: 88 N Mailing Address: P 0. Box 212, Edmonds, WA 98020 Authorized Agent Name: Diane Cutts Home Phone Number: (425) 742-8237 Email Address: twocutts@comcast.net N E d O L Q rt+ C > w Q co # R5413 Status Approved Packet Pg. 150 3.1.d EVENT AGREEMENT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE Event Date — July 4, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for many years sponsored a public celebration honoring Independence Day — 4th of July through a parade and 5K race; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for enjoyment by its citizens; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens; 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 1.1 The City will provide the following spaces to be used by the Chamber: Use of City streets as diagrammed in Exhibit A - Parade Site Plan, for parade to occur on July 4, 2024. City will provide traffic barriers as identified in Exhibits A & B. The Edmonds Police and Public Works Departments will determine whether any changes to the Parade Site Plan map will be needed and will communicate any such changes to the Chamber no later than May 1, 2024. Use of Hazel Miller Plaza for small stage, amplified sound, and parade announcements throughout parade on July 4, 2024. Use of City Park Parking lot, parking spaces on 3rd Avenue and sidewalks as diagrammed in Exhibit C — Race Route, and Exhibit D — No Parking Map, for the 5K race. The Edmonds Police and Public Works Departments will determine whether any changes to the Race Route or No Parking maps will be needed and will communicate any such changes to the Chamber no later than May 1, 2024. The City will provide a flatbed truck provided by the Parks Maintenance Division to be used as an elevated platform for parade announcements and amplified sound. Vehicle to be delivered and parked by City Staff, Chamber staff will not operate the vehicle. Packet Pg. 151 3.1.d 1.2 The City will waive fees for the Parade Permit. 1.3 The City will install 4th of July Celebration banners as provided by the Chamber of Commerce at approved sites. Chamber of Commerce will obtain a Street Banner Permit and pay the required fee through the Public Works Department. 1.4 The City will authorize a maximum of six (6) stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route. Vendors will operate at specified locations and will not block entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2. Responsibilities of the Chamber. 2.1 The Chamber will assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off -duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to ensure that no participants draw people viewing the parade onto the parade route. 2.2 The Chamber will assume all responsibility for coordination of the 5K race, including but not limited to ensuring that the flow of traffic is not disrupted on City Streets and that volunteers are stationed at street crossings to ensure runner safety. 2.3 The Chamber shall notify Community Transit of activities that may impact transportation services in Edmonds. 2.4 The Chamber will utilize the barricades and detour signs provided by the City and position them at their assigned locations at 6:00 am, July 4, 2024. 2.5 The Chamber will not illegally discriminate in the provision of either event or in their entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.6 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City -Provided sites that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City -Provided sites during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference on City Property. 2.7 Permits: The Chamber will be responsible for obtaining all required city and state permits. The Chamber will submit all required application(s) for the Parade Permit provided for by this Agreement. Packet Pg. 152 3.1.d 2.8 The Chamber will obtain The American Society of Composers, Authors and Publishers (ASCAP) and any other copyright licenses necessary. 2.9 The Chamber will provide sufficient portable sani-cans and wash stations along the parade route. 2.10 The Chamber will provide for security along the parade and race routes. 2.11 The Chamber will provide signs one (1) week prior to the event to indicate that chairs cannot be placed early. Signs must be laminated, no exceptions. 2.12 The Chamber will provide laminated "no parking" signs to Public Works one (1) month prior to the event. 2.13 The Chamber agrees to consult with the City Electrician and Parks Maintenance Manager before installing any electrical service or stakes in the ground. 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 Chamber. It is not allowed to fasten anything to the buildings, structures or trees; doing so may result in damage cost recovery and /or fine. City staff will coordinate any utility locates. 2.14 The Chamber will comply with all applicable South County Fire guidelines, including the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit E, attached hereto and incorporated herein by this reference. 2.15 To comply with Chapter 6.80 of the Edmonds City Code (ECC) ("Plastic Bag Reduction"), which 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 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. 2.16 To comply with RCW 70.93.093, concerning event recycling. The 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. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.14, below). 2.17 To comply with 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 Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Packet Pg. 153 3.1.d 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 Chamber will provide for the on -site collection of compostable and recyclable materials from event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during each event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to June 6, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.18 To comply with Chapter 70.160 RCW (hereinafter the "smoking ban") pursuant to which 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 statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The 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. 2.19 Clean -Up: The Chamber will be responsible for clean-up of the parade and race routes to include staging areas as follows: 2.19.1 To restore all public spaces to their original condition, including removing and disposing of any and all litter and trash to the size of a cigarette butt, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. 2.19.2 Pick up all trash and remove all items and equipment related to the 4th of July Parade and 5K race by 5:00 pm on July 4, 2024. 2.19.3 To return all event barricades, if applicable, to original locations at the end of the parade, exact locations to be determined by the Streets Department. 2.20 Insurance: The Chamber 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 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. Packet Pg. 154 3.1.d The insurance policy will contain, or be endorsed to contain, that the 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 City of Edmonds will be excess of the Chamber's insurance and will not contribute with it. The 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. 2.21 Indemnification: The Chamber 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 Chamber and the City, its officers, officials, employees, and volunteers, the Chamber's liability hereunder shall be only to the extent of the Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the 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. 3. Miscellaneous. 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. 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. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and 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 pandemic -related restrictions, fire, flood, strike or other labor 5 Packet Pg. 155 3.1.d difficulty, act of nature, 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. 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 Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The 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 requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Chamber will consult this information regularly during the course of the events to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Termination. If the Chamber breaches any of its obligations under this Agreement and fails to cure the same within a reasonable time after receiving written notice to do so from the City, the City may terminate this Agreement. DATED this day of 52024. CITY OF EDMONDS: GREATER EDMONDS CHAMBER Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk OF COMMERCE: Ryan Crowther, President and CEO APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 156 3.1.d Exhibit A Parade Site Plan C 4th of July Cedmonds Parades AMBOMMERCE xxx Street Closures Gam - 4 m O P Public Restrooms Main Parade r ♦ Registration Staging Area Route Children's Parade Registration Staging Area Route e �C v m C t� LL rton St Dayton St m a 3 O n a �c o Caspers St ? LOCAL YX,X r Q ACCESS D C ��a Glltncr Ln ONLY < ti z Vista PI Sater Ln Aloha St C.�rcl 1'da1' l z f )ale rn �aOjon Prague St ZY D c<o ca ' } Z 6 �¢ b rLjdin Q � } OrycD �y } P A o; �n�es St C Ma,;i :,t n xxx + ++ ayton St N D (I "t D < Alder St O m Mlillill X Walnut St X W X n D Shelleberger A Creek ti Howell Way HomelandOt Go gle My Maps W _ cl Glen St A x x Daley St X Daley St X� D z%Prague St x (�rd7,14 01 zT D U .F .y� D K 44tin St 4 Parking (Library) x X Dayton St x� D x, Maple St X_-; X x Alder St X x }++ Walnut St Spruce St n to Hemlock St L C d E d a� L as Q C d w N O N a m t t� R w Q 7 Packet Pg. 157 3.1.d Exhibit B City / Streets Closures Map W U? 22 Ks � -1171 r 0 0.0350.07 0.14 0.21 0.28 = Miles Q 8 Packet Pg. 158 3.1.d Exhibit C Race Route Marina ach Park ,Rea Rwakel 1t f. INNEENOW— �. rho 8Q6 *Aaa&I yell• Coda Rd Edmonds, WA 98020 1 u Avenue South • • O ,48n on 11 • • •n •n It 'a• `�, • 11 min � 0 6 miles • Beat Brackett 5K Baby Brackett 1 K 1 hr 3 min • 3 1 miles ' • •O • �0 • ••• . • eW 22400-22798 O Woodwa Dogwood Lane • y i • • 0••00001�, C • _ , N • k • •••• • • • a • • • • p (rpfk Woodway, WA 98020 �• • • 1 • Sherwood Elementary School Deer Creek Park IV 9 Packet Pg. 159 3.1.d Exhibit D No Parking Map for Race Start/Finish ti C: aV l.i in Q Edmonds F Creek Ace Hard;. edmonds QBeat Brackett 5k / 1k Miniatures 8 More Street Closures Barkada Edmonds Edmond* City Park v+ S D Har Homes NW Q N Erben or No Parking 6am - 11am (both sides of street) Chamber HQ Pore St K s s N Rich R Loan Officer �3 NMLS 0146, home Gerlach Construction, Inc Q 19 For PI 3r D 19 L. oPV Shamrock Plaza Condo N 7 D <r` Q, N Elm St a 10 Packet Pg. 160 Exhibit E 3.1.d REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 161 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 3.1.d SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 162 3.1.d Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 163 3.1.d Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. N LP -Gas Systems PASS FAIL N/A C 0 1. LP tanks located on the outside of the vehicle or in a vapor ❑ El Elw tight cabinet vented to the outside. N 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: 21 • Size of tanks: • Date last inspected: >— (Annually) a� U_ • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ a 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ a • Last test date: a' c 6. LP shut off valves installed and accessible. ❑ ❑ ❑ a 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ Cn secured with a non-combustible strap or chain in an a� L upright position and protected from impact. y w CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) L Q • Number of tanks: • Size of tanks: a� > w • Tank expiration date(s): • Date last inspected: a (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ E 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ a, • Last tested date: a a� Portable Fire Extinguishers PASS FAIL N/A v 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ 2% deep fat fryer or solid fuels). • Date last Serviced o (Annually) N 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ E Extinguisher. 2 Packet Pg. 164 3.1.d 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced (Annually) c 0 Electrical PASS FAIL N/A w 1. Extension cords protected from damage. ❑ ❑ ❑ a; 2. No open electrical junction boxes or wiring. ❑ ❑ ❑Ca I Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ 21 combustibles. 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ CU allowed during cooking operations and only when the electric generators and internal combustion power sources N are not in use. Q Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 165 3.1.d Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 166 3.1.d • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 167 3.1.d Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 168 Train Your Food Truck Staff on These Fire Safety Basics: 3.1.d • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 169 ATTENTION. 3.1.d Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 170 3.1.d Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 a Packet Pg. 171 3.1.d I CERTIFICATE OF LIABILITY INSURANCE I DATE( O1/16/2024 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 THM 600 Main Street, Ste. A INC, No Ext: (425) 775-6446 A/C No: (425) 640-922° E-MAIL Edmonds WA 98020 ADDRESS: info@insuranceservicesgroup.com INSURER A: Western National Mutual Insuranc INSURED INSURER B : Greater Edmonds Chamber of Commerce INSURER C : 121 5th Ave N INSURERD: Edmonds WA 98020 INSURERE: (425) 670-1496 INSURERF: COVERAGES CD CERTIFICATE NUMBER: Cert ID 10470 (10) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE 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. ILT R LTR TYPE OF INSURANCE ADDL INSD SPOLICY VDY POLICY NUMBER MMDD YYY POLICY Y MMDD YYY LIMITS A X _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS-MADE � OCCUR CPP129583101 09/01/2023 09/01/2024 DA AGE TO PREMSES E.occurence $ 100,00C _7RENTE MED EXP (Any one person) $ Excludec PERSONAL & ADV INJURY $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00C X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C BODILY INJURY (Per person) $ * ANY AUTO CPP129583101 09/01/2023 09/01/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB104981201 09/01/2023 09/01/2024 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT A Liquor Liability CPP129583101 09/01/2023 09/01/2024 $ 1,000,00C $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: An Edmonds Kind of 4th, July 4, 2024. 5:00 a.m. - 10:00 p.m City of Edmonds is Additional Insured if required by written contract per form CG MU 1078 12 20. C 0) E d Q L Q C d W N CD CERTIFICATE HOLDER CANCELLATION N r C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 4' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II E City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. N 121 5th Ave N AUTHORIZED REPRESENTATIVE Q 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. 172 Page - of - 3.1.d COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 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 Limit Of Insurance 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 $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 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 173 3.1.d 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 responsible 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 primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. 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 In. do not apply to "Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance 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 follows 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 2J. 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 insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 174 3.1.d VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY 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 governmental 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 "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear before 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 "occu- pational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal 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 "occupa- tional 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, regard- less 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 cov- ered 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 license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another `occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability 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 SECTION 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 concurrent 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 coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 175 3.1.d 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, 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 governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including 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 PROPERTY 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 endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individual(s)"; 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 con- sent 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 Individual(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 exceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate including 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 "Cov- ered 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 Individual(s)"; or = m (2) Twelve (12) months after the date of the "abduction"; and E r r Q CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 176 3.1.d Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" beginning 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 Individual(s)" and continuing up to twelve (12) months thereafter; and 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 "Insured", 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 hearings 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 INSURANCE 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 error or event or a series of related acts, errors or events shall be treated as arising out of one "abduction". However we will not pay for any loss resulting from an "abduction" which is part of a series 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 SECTION 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 activity oc- curring 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 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 177 3.1.d 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 other 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 official 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 otherwise 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. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY 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 insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" 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 "location" shown in the Decla- rations: 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 damage" 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 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 178 3.1.d c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". 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 designated "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 Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" 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 "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Op- erations 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 pay- ments for damages because of "bodily injury" or "property damage" included in the "products -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 inter- rupted 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 occurrence 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 insurance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS 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 organ- ization 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 negli- gent 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 contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 179 3.1.d 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 rendering 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 subcontractor engaged in per- forming 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 provisions: 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 authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed 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 respect 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 man- ager 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 insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 180 3.1.d 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 distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: 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 repackaged 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 connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed 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 con- tainer, 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 acquired such products, or any ingredient, part or container, entering into, accompanying or containing 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 -com- plete 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 "personal 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 employment 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 Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 181 3.1.d 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" em- ployment 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 provid- ing 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 developed 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 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 182 3.1.d 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 organization. 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 prior 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 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 183 3.1.e EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 8 —12, 2024 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 a number of years sponsored a public event known as Taste Edmonds and proposes to do so again in 2024; and WHEREAS, the City Council finds that Taste Edmonds provides distinct benefits to local businesses and helps raise necessary funding to support events such as Car Show, Halloween, 41h of July and the Holiday Tree Lighting, 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 community engagement and activity 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 Chamber 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 Chamber obligations included). 1.1 The City will provide use of Civic Center Playfield, parking on both sides of 7th avenue adjacent to Civic Center Playfield and 6th avenue in front of Civic Center Playfield from Bell St to Daley St. (See Exhibit A attached hereto and incorporated herein by this reference) (hereinafter referred to as the "City -Provided Site" or "park") for use as the venue for Taste Edmonds (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 No Parking Signs placed on both sides of 71h Avenue and on 61h Avenue will be placed on Monday, August 5, 2024 at 8:00 a.m. — see Exhibit A for no parking signage date range. 1.1.2 The Event setup will begin on Wednesday, August 7, 2024, at 6:00 a.m. 1.1.3 The Event will run from 2:00 p.m. to 10:00 p.m. Friday, August 9, 2024; 12:00 p.m. — 10:00 p.m. Saturday, August 10, 2024 and 12:00 p.m. — 8:00 p.m. on Sunday, August 11, 2024. Packet Pg. 184 3.1.e 1.1.4 All surfaces and areas listed will remain available to the Event until final cleanup, to be completed by Monday, August 12, 2024, at 2:00 p.m. 1.1.5 The City will designate twelve (12) additional ADA parking spaces to be located along 61h Avenue near the Event Box Office/Entrance (See Exhibit A). 1.2 The City will provide local access only signs for the two alleys adjacent to the park where they connect with 61h and 7th to discourage attendees from traveling on the alleys limiting residents' access to their private driveways. 1.3 The City will provide twelve (12) official ADA parking signs and two (2) loading zone signs on 61h Avenue as identified in Exhibit A. In addition, both sides of 71h Avenue adjacent to the park will be designated for reserved parking spaces and should be marked "No Parking" August 81h at 6:00 am through August 12th at 6:00 am as identified in Exhibit A. 1.4 City shall provide access to five (5) permanent restrooms restocking three (3) times per day on Friday, Saturday and Sunday of the event. Related fees are outlined in section 2.21 below. 1.5 The City may, upon request by the Chamber, install Taste Edmonds street banners as provided by the Chamber at approved sites; provided that the Chamber obtains a Street Banner Permit from the Public Works Department and pays the required fee. The Chamber may install a banner on the tennis court fence July 1, 2024. Size and location to be mutually agreed upon by the Chamber and Parks Director or designee. 1.6 The City may irrigate the field prior to the Event. The park irrigation system will be turned off by 8:00 a.m. on August 8, 2024. 1.7 The City will provide access to available power to include five (5) festival power receptacles (20A, 30A and 50A) and an additional fifteen (15) 20A receptacles as identified in Exhibit B. The Chamber must supply and additional power needed for the event. The Chamber may utilize the overhead field lights while the event is open to the public, the lights must be turned off at the conclusion of the event each night. Overhead lighting schedule to be mutually agreed upon by the Chamber and the City. A Chamber representative and a City Public Works representative will meet prior to July 18, 2024, 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 Chamber. 1.8 City shall provide potable water access in the southwest corner of the park (petanque courts) and in the northeast area of the park (playground area) for use by the food 2 Packet Pg. 185 3.1.e vendors. Additionally, the bottle filler station located near the permanent restrooms will be available. 1.9 The Chamber is not authorized to fasten anything to the buildings, structures, or trees unless authorized first by the City Parks Department. Doing so may result in damage cost recovery and/or fine. 1.10 Vehicles are only allowed to drive on the Sprague connection (east -west promenade) and in the food truck parking area as identified in Exhibit B. Any use of a vehicle larger than a gator on any other hardscape area may result in damage cost recovery and/or fine. 1.11 Alcohol may be served, so long as the Chamber obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least five (5) business days prior to the event, or as soon as the Chamber receives the licenses. 1.12 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 Chapter 5.30 of the Edmonds City Code. 1.13 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" 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 Parks and Recreation 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. 1.14 Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening to the general public on or before 1:00 p.m., August 9, 2024, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Chamber 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. 1.15 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 and CEO of the Chamber. Packet Pg. 186 3.1.e 1.16 The City will supply a list of acceptable compostable and recyclable food ware items and suppliers for the compostable items. The City will provide signage for the on -site collection containers, and any additional containers, if needed. 2. Responsibilities of the Chamber 2.1 The Chamber agrees to the following general open hours of Taste Edmonds: 2.1.1 Friday, August 9, 2024: 2:00 p.m. —10:00 p.m. Alcohol last call 9:30 p.m., no service after 9:45 p.m. 2.1.2 Saturday, August 10, 2024: 12:00 p.m. — 10:00 p.m. Alcohol last call 9:30 p.m., no service after 9:45 p.m. 2.1.3 Sunday, August 11, 2024: 12:00 p.m. 8:00 p.m. Alcohol last call 7:30 p.m., no service after 7:45 p.m. 2.2 The Chamber will ensure that all vendors have the necessary state permits for serving and selling alcohol. The Chamber intends to allow Event attendees of all ages and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, posting security at the entrances of the Event, and checking identification in accordance with common practice. Required fencing is addressed at Section 2.6, below. 2.3 The Chamber will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.4 The Chamber will post "NO DOGS" signs on the City -Provided Site per Chapter 5.05 of the Edmonds City Code ("Animal Control"). The Chamber will notify vendors of this requirement as part of their registration instructions, and also inform vendors that this requirement will be enforced. This provision will not apply to service animals for the disabled. 2.5 The Chamber will provide a sufficient number of portable sani-cans and wash stations in addition to the City provided permanent restrooms. Portable restrooms are not authorized to be placed on any of the grass surfaces and portable restroom service trucks are not permitted to drive on any surface other than the Sprague Connection promenade running East-West in the park. 2.6 The Chamber will provide fence installation and removal at the Civic Center Playfields around the exterior of the park see Exhibit A. Precise fence location to be mutually agreed upon by the Chamber and the City in advance of the event. The Chamber will provide all fencing for Beer Garden and Wine Garden as required by law. 4 Packet Pg. 187 3.1.e 2.7 The Chamber shall coordinate with the Boys and Girls Club to ensure their business remains accessible to their participants and vehicles as needed. 2.8 Garbage service will be contracted and paid for by the Chamber. 2.9 The Chamber will insure that 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. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2.10 Vehicles will only be allowed on Sprague Connection promenade and Food Truck area for load and unload, with adjacent streets used for parking during the Event. 2.11 The Chamber will notify all individual residents of the affected areas surrounding the park to provide awareness of the increase in park activity, noise, music and street closures a minimum of 30 days prior to the event. 2.12 Canopies, tents or similar structures must be held down with sandbags and not stakes. 2.13 The Chamber will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. 2.14 The Chamber will provide security services necessary during the daytime hours (daytime hours being defined as those hours which the Event is 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 Chamber or the participants in the Event. 2.15 The Chamber will provide any and all security services necessary during the nighttime hours (nighttime 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 Chamber or the participants in the Event. 2.16 The Chamber will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Event with the Chamber CEO or designated representative, prior to 12:00 p.m., Friday, August 9, 2024. 2.17 The Chamber will be responsible for restoring the City -Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Chamber representative will meet with a member of the City's Parks and Recreation Department prior to August 9, 2024 and Packet Pg. 188 3.1.e on August 12, 2024 to inspect the City -Provided Site to document the "original" and "post event" conditions of the Civic Center Playfield and adjacent right of way spaces. 2.18 Cleanup areas include the City -Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.19 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 will be picked up and removed by 2:00 p.m., Monday, August 12, 2024. 2.20 Damage Deposit: The Chamber will submit a cleaning/damage deposit of $2,000.00 to the City prior to Monday, July 15, 2024. The deposit will be refunded to the Chamber 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. 2.21 Fees: The Chamber will pay the City $2,250 for the use of the City -Provided Site and $450 for restroom cleaning and restocking fees for a total of $2,700 prior to Monday, July 15, 2024, 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. 2.22Notices. All requests for additional services and concerns of the Chamber will be directed by the Chamber President to the City's designated representative, Parks Deputy Director at 425-771-0232. 2.23Insurance: The Chamber 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 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 the 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 city of Edmonds will be excess of the Chamber's insurance and will not contribute with it. In the event that the Chamber's employees and/or volunteers provide the service of alcohol at the event, the Chamber's General Liability insurance will also include host liquor liability coverage. However, if the Chamber contracts with a Packet Pg. 189 3.1.e third -party vendor or vendors to provide all service of alcohol, the Chamber 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 $2,000,000 per occurrence and $4,000,000 in the aggregate 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 Chamber's Certificate of Insurance. The 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 A:VII. 2.24 The Chamber agrees that Taste Edmonds is a public event. The Chamber 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, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber 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. 2.25 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 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. 2.26 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the 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. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.27, below). 2.27 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 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. The Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during the Event. A 7 Packet Pg. 190 3.1.e Chamber representative will meet with the City's Recycling Coordinator or representative prior to July 15, 2024, 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. 2.28Indemnification: The Chamber 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 Chamber and the City, its officers, officials, employees, and volunteers, the Chamber's liability hereunder shall be only to the extent of the Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the 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. 2.29 The Chamber 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. 2.30Neither the Chamber 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. 2.31 The Parties acknowledge that, pursuant to the provisions 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 Chamber 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 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. 3. Miscellaneous a Packet Pg. 191 3.1.e 3.1 Entire agreement, integration, amendment, waiver, applicable law and venue. 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. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and 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. 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 Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The 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. It is the Chamber's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Chamber of issue(s) relating to public health or safety and such issue(s) are not promptly 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 Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 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 the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks, Recreation and Human 9 Packet Pg. 192 3.1.e Services Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks, Recreation and 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 Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City - Provided Site. DATED this day of 2024. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Ryan Crowther, President and CEO Packet Pg. 193 3.1.e Exhibit A 2024 Taste Edmonds Site Plan & Traffic Control Plan 40 T � � t0 b V 7 •. C m 2 C 70 A7 �• � j. C� 10 _ 2C � M ;I, 1 as � �s^ :ry • • • 1 to Y, fl" Gr Cw cz -n Co g 4 c o ca "M to v R' Z 4014 7 n.I T rl .. O• h6��e C3o• 70 m 11 Packet Pg. 194 3.1.e 00 . ® I T D - 9 N F - D � 0 D Exhibit B Civic Center Playfield Amenities Map a �o 12 Packet Pg. 195 Exhibit C 3.1.e REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane a structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 196 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 3.1.e SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 197 3.1.e Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 198 Cooking Oil Storage PASS FAIL 1. Aggregate volume less than 120 gallons. ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: • Date last inspected: (Annually) • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ secured with a non-combustible strap or chain in an upright position and protected from impact. CNG Systems PASS FAIL N/A 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ size less than 1300 pounds. (1 W = 8 lbs) • Number of tanks: • Size of tanks: • Tank expiration date(s): • Date last inspected: (Every 3 years) • Date of last hydro: 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 199 3. 2A:10B:C portable extinguisher shall be provided along ❑ El3.1.e egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced c (Annually) 0 E w Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ r Generators PASS FAIL N/A 21 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. y 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ U- allowed during cooking operations and only when the a electric generators and internal combustion power sources are not in use. Keeo Reauired Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to produce these at any time by a fire department inspector. • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 200 3.1.e Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is w the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. o 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 201 3.1.e • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 202 3.1.e Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 203 Train Your Food Truck Staff on These Fire Safety Basics: 3.1.e • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 204 ATTENTION. 3.1.e Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 205 3.1.e Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 206 3.1.e I CERTIFICATE OF LIABILITY INSURANCE I DATE( O1/16/2024 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 THM 600 Main Street, Ste. A INC, No Ext: (425) 775-6446 A/C No: (425) 640-922° E-MAIL Edmonds WA 98020 ADDRESS: info@insuranceservicesgroup.com I INSURER A: Western National Mutual Insuranc I INSURED INSURER B : Greater Edmonds Chamber of Commerce INSURER C : 121 5th Ave N INSURERD: Edmonds WA 98020 INSURERE: (425) 670-1496 INSURERF: COVERAGES CD CERTIFICATE NUMBER: Cert ID 10470 (8) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE 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. ILT R LTR TYPE OF INSURANCE ADDL INSD SPOLICY NDY POLICY NUMBER MMDD YYY POLICY Y MMDD YYY LIMITS A X _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS-MADE � OCCUR Y CPP129583101 09/01/2023 09/01/2024 DA AGE TO PREMSES E.occurence $ 100,00C _7RENTE MED EXP (Any one person) $ Excludec PERSONAL & ADV INJURY $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00C X POLICY PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C BODILY INJURY (Per person) $ * ANY AUTO CPP129583101 09/01/2023 09/01/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTYDAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB104981201 09/01/2023 09/01/2024 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE I I 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 CPP129583101 09/01/2023 09/01/2024 $ 1,000,00C DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Taste Edmonds Dates: August 7 - 12, 2024. Location: Civic Center Play£ield. 310 6th Ave N. Edmonds, WA 98020 The below listed Certificate Holder is included as Additional Insured in regard to operations of the above Named Insured if required by written contract per policy form CG MU 1078 12 20. CERTIFICATE HOLDER CANCELLATION N O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI N THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. _ City of Edmonds E 121 5th Ave N AUTHORIZED REPRESENTATIVE S 0 Edmonds WA 98020 Q © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 207 Page - of - 3.1.e COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 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 Limit Of Insurance 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 $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 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 208 3.1.e 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 responsible 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 primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. 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 In. do not apply to "Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance 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 follows 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 2J. 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 insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 209 3.1.e VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY 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 governmental 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 "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear before 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 "occu- pational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal 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 "occupa- tional 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, regard- less 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 cov- ered 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 license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another `occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability 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 SECTION 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 concurrent 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 coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 210 3.1.e 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, 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 governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including 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 PROPERTY 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 endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individual(s)"; 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 con- sent 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 Individual(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 exceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate including 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 "Cov- ered 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 Individual(s)"; or c N (2) Twelve (12) months after the date of the "abduction"; and m E s c� r r Q CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 211 3.1.e Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" beginning 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 Individual(s)" and continuing up to twelve (12) months thereafter; and 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 "Insured", 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 hearings 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 INSURANCE 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 error or event or a series of related acts, errors or events shall be treated as arising out of one "abduction". However we will not pay for any loss resulting from an "abduction" which is part of a series 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 SECTION 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 activity oc- curring 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 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 212 3.1.e 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 other 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 official 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 otherwise 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. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY 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 insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" 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 "location" shown in the Decla- rations: 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 damage" 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 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 213 3.1.e c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". 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 designated "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 Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" 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 "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Op- erations 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 pay- ments for damages because of "bodily injury" or "property damage" included in the "products -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 inter- rupted 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 occurrence 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 insurance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS 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 organ- ization 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 negli- gent 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 contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 214 3.1.e 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 rendering 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 subcontractor engaged in per- forming 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 provisions: 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 authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed 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 respect 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 man- ager 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 insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 215 3.1.e 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 distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: 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 repackaged 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 connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed 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 con- tainer, 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 acquired such products, or any ingredient, part or container, entering into, accompanying or containing 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 -com- plete 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 "personal 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 employment 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 Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 216 3.1.e 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" em- ployment 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 provid- ing 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 developed 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 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 217 3.1.e 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 organization. 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 prior 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 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 218 Permit 3.1.e FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneCbedmondswa.gov Organization Name Edmonds Chamber Of Commerce - 34 Customer Type Organization Organization Address 121 5th Ave North Edmonds, WA 98020 Agent Name Ryan Crowther System User Chris Brinton Taste of Edmonds'24 Booking Summary START DATE/TIME Aug 7, 2024 9:00 AM Aug 8, 2024 9:00 AM Aug 9, 2024 9:00 AM Aug 10, 2024 9:00 AM Aug 11, 2024 9:00 AM Aug 12, 2024 9:00 AM START DATE/TIME Aug 7, 2024 9:00 AM Aug 8, 2024 9:00 AM Aug 9, 2024 9:00 AM Aug 10, 2024 9:00 AM Aug 11, 2024 9:00 AM Aug 12, 2024 9:00 AM END DATE/TIME Aug 7, 2024 9:00 PM Aug 8, 2024 9:00 PM Aug 9, 2024 9:00 PM Aug 10, 2024 9:00 PM Aug 11, 2024 9:00 PM Aug 12, 2024 9:00 PM END DATE/TIME Aug 7, 2024 9:00 PM Aug 8, 2024 9:00 PM Aug 9, 2024 9:00 PM Aug 10, 2024 9:00 PM Aug 11, 2024 9:00 PM Aug 12, 2024 9:00 PM Permit # R5714 Status Approved Date Dec 19, 2023 9:06 AM Organization Phone 1 (425) 670-1496 Number Home Phone Number (425) 670-1496 Rental Fee $2,700.00 Discounts $0.00 Subtotal $2,700.00 Deposits $2,000.00 Deposit Discounts $0.00 Total Permit Fee $4,700.00 Total Payment $0.00 Refunds $0.00 Balance $4,700.00 6 resource(s) 36 booking(s) Subtotal: $4,700.00 ATTENDEE 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 AMT W/O TAX $0.00 Q N $0.00 C $0.00 N E d d $0.00 Q $0.00 d $0.00 LU N C O AMT W/O TAX E $0.00 W y $0.00 N O H $0.00 p N $0.00 C d $0.00 t v to $0.00 Q # R5714 Status Approved Packet Pg. 219 Resource level fees 3.1.e $ START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Aug 7, 2024 9:00 AM Aug 7, 2024 9:00 PM 1 $0.00 Aug 8, 2024 9:00 AM Aug 8, 2024 9:00 PM 1 $0.00 N = O Aug 9, 2024 9:00 AM Aug 9, 2024 9:00 PM 1 $0.00 -0 W Aug 10, 2024 9:00 AM Aug 10, 2024 9:00 PM 1 $0.00 N m Aug 11, 2024 9:00 AM Aug 11, 2024 9:00 PM 1 $0.00 1 06 Aug 12, 2024 9:00 AM Aug 12, 2024 9:00 PM 1 $0.00 Resource level fees $2,000.00 3 START DATE/TIME Aug 7, 2024 9:00 AM Aug 8, 2024 9:00 AM Aug 9, 2024 9:00 AM Aug 10, 2024 9:00 AM Aug 11, 2024 9:00 AM Aug 12, 2024 9:00 AM ShadeCivic Field Structure END DATE/TIME Aug 7, 2024 9:00 PM Aug 8, 2024 9:00 PM Aug 9, 2024 9:00 PM Aug 10, 2024 9:00 PM Aug 11, 2024 9:00 PM Aug 12, 2024 9:00 PM ATTENDEE 1 1 1 1 1 1 Center: Civic Field AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 cC N N LL N Q N �y 0) Q N d - (Park) N START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX r.+ N E Aug 7, 2024 9:00 AM Aug 7, 2024 9:00 PM 1 $0.00 N L Aug 8, 2024 9:00 AM Aug 8, 2024 9:00 PM 1 $0.00 Q r C Aug 9, 2024 9:00 AM Aug 9, 2024 9:00 PM 1 $0.00 d W Aug 10, 2024 9:00 AM Aug 10, 2024 9:00 PM 1 $0.00 Aug 11, 2024 9:00 AM Aug 11, 2024 9:00 PM 1 $0.00 Q N Aug 12, 2024 9:00 AM Aug 12, 2024 9:00 PM 1 $0.00 Civic Field N E 4) START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX 0) Q Aug 7, 2024 9:00 AM Aug 7, 2024 9:00 PM 1 $0.00 C Aug 8, 2024 9:00 AM Aug 8, 2024 9:00 PM 1 $0.00 d > W N Aug 9, 2024 9:00 AM Aug 9, 2024 9:00 PM 1 $0.00 '0 C O Aug 10, 2024 9:00 AM Aug 10, 2024 9:00 PM 1 $0.00 E W Aug 11, 2024 9:00 AM Aug 11, 2024 9:00 PM 1 $0.00 4; N m Aug 12, 2024 9:00 AM Aug 12, 2024 9:00 PM 1 $0.00 1 Iq N O N Deposit c m E EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE t R Q # R5714 Status Approved Packet Pg. 220 Taste of Civic Field - Damage Edmonds'24 Grass Small Deposit Payment Schedules DUE DATE AMOUNT DUE Feb 12, 2024 $450.00 Jun 8, 2024 $4,250.00 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 3.1.e $2,000.00 $0.00 $0.00 $0.00 $ Original Balance: $4,700.00 Current Balance: $4,700.00 c z AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE _ $0.00 $0.00 $450.00 7 ILI $0.00 $0.00 $4,250.00 X: Date: Edmonds Chamber Of Commerce Customer Type: Organization Customer ID: 33758 Mailing Address: 121 5th Ave North, Edmonds, WA 98020 Organization Phone 1 Number: (425) 670-1496 Authorized Agent Name: Ryan Crowther Home Phone Number: (425) 670-1496 # R5714 Status Approved Packet Pg. 221 3.2 City Council Agenda Item Meeting Date: 03/12/2024 Design update on the Highway 99 Revitalization Projects — Stage 3 and Stage 4 Staff Lead: Bertrand Hauss/Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On October 11, 2022 professional services agreements with SCJ for Highway 99 Stages 3 & 4 were presented to the Parks and Public Works Committee and it was forwarded to full council. On October 25, 2022 professional services agreements with SCJ for Highway 99 Stages 3 & 4 were presented to City Council. On November 1, 2022 the professional services agreements with SCJ for Highway 99 Stages 3 & 4 were approved by City Council. On March 28, 2023, City Council approved the new active transportation recommendations along Hwy 99 and new capacity recommendations at Hwy 99 @ 2201" St. SW into the Design phase. Staff Recommendation n/a Narrative The goal of the Highway 99 Revitalization project is to extend the successful transformation of Highway 99 in Shoreline through Edmonds from 244th St. SW to 210th St. SW. Due to the high cost of completing all the other proposed improvements along the corridor, the 2.25 mile stretch was divided into 7 segments. Stage 2 was recently completed, which included the installation of a raised landscaped center median from 244th St. SW to 210th St. SW with mid -block refuge island, a HAWK signal — 600' north of 234th St. SW, and a Gateway sign on both ends of the project. The scope of the Stage 3 segment, from 244th St. SW to 238th St. SW, includes capacity improvements at Hwy 99 at 238th St. SW with the addition of a left turn lane for the northbound movement. The scope of the Stage 4 segment, 224th St. SW to 220th St. SW, includes capacity improvements at Hwy 99 at 220th St. SW with the addition of a left turn lane for the northbound and southbound movements and the addition of a left turn lane for the westbound movement. Packet Pg. 222 3.2 Both projects include the addition of a planter strip and a bike lane behind the curb on both sides of the street, a new sidewalk, new street/pedestrian lighting, better stormwater management, targeted water/sewer utility replacements, potential undergrounding of overhead utilities, and softscape treatments along this stretch of Highway 99. Bike lanes will be added along 2381h St. SW from Hwy 99 to 84th Ave. W, as well as a shared -use path on the north side of 220th St. SW / east of Hwy 99 @ 220th St. SW that connects to the Interurban Trail (less than 1/10 mile). The 30% Design plans for both projects were submitted to the City for review in January 2024. Coordination with Washington State Department of Transportation (WSDOT) on the channelization plans is on -going. Due to the upcoming Department of Ecology Stormwater Manual modifications, the proposed stormwater upgrade requirements are still being finalized. Since both projects have either secured Federal Funding (Stage 4) and might need future Federal funds as part of the Construction phase (Stage 3), a Biological Assessment (BA) is being completed for both projects. The Right of Way acquisition phase cannot begin until the Biological Assessment is approved and the environmental phase is completed on each project. The Biological Assessment report for Stage 4 was submitted in February 2024 and the one for Stage 3 will be submitted in April 2024. The review and approval of each document by the National Marine Fisheries Service (NMFS) is estimated to take approximately two years. The decision to underground overhead utility lines, except for the high voltage lines on the west side of the corridor, will be discussed at a future City Council meeting. Stage 3 is funded with State funds (Connecting Washington and Move Ahead WA Funds) and local funds (REET). Stage 4 is funded with Federal grants, State Connecting Washington Funds and traffic impact fees. The $22.5M in Move Ahead WA funds for Stage 3 are currently programmed for 2031. Staff has requested to move the funds forward in the current legislative session to help fund the right of way acquisition phase (2026) and the construction phase (2028). Attachments: Attachment 1 - Presentation Packet Pg. 223 U Hwy 99 Gateway Revitalization Stages 3 & 4 Projects Update March 12t"12024 SO Alliance / City Staff Agenda •Scope of Improvements •Schedule • Right of Way Acquisitions • Overhead Utilities •Funding • Next steps U 3.2.a 0 to N m d rn • zt otn St sw � 3 212th St SW = • - - o � SCALE' 1"=300' • _ s STAGE 5 r � • - 216th St 6 Q� 1 .` . ` STAGE 0 N 220th St SW 220th St SY){, w • ,yw,�- STAGE 4 op " 224th St SW p T tt'• ' O 0 228th St SW Q +- f� . m Ah ti tv � �ti� a • I I • . 234thStSWt- _ 7 >_ . • - , , • , 236th St SW i • 238th St : i t ate+ a a Lake Ballinger _ 1 � d '1 E L SR104 -� V lC zaatn St sw CITY OF EDMONDS Q HIGHWAY 99 GATEWAY -REVITALIZATION ~=E STAGES 1-5 Packet Pg. 226 o Sidewalks — added buffer o Separated bike lanes o Landscape buffers o Stormwater treatment o Street /pedestrian light poles o Capacity Improvements at signalized intersections (238 th and 220t") OV �L® O U Inc. 189� o SR-104 Interchange Active Transportation Safety Improvements o Art opportunities o Distinct Districts o Possible Conversion to Underground Utilities BAT i BAT E 1 1 a,' r �. t 1 I LANE 6 ICI 4 15 II1I 11 ... I ...11. ' ' I 11 Ill 9 Ill 11... I ... 11. 11 LOOKING NORTH MEW *Notable Changes since start design phase o Items approved by Council at March 2023 Meeting ■ WSDOT Complete Streets Implementation • Added separated bike lanes along entire corridor ■ Improvements along 238th and 220th Added bike lanes along 238tn from Hwy 99 to 84t" Added active transportation path along 220t" from Hwy 99 to Interurban Trail/ 70t" Ave W (City of Mountlake Terrace) Notable Environmental-ammi `� Stormwater Changes117C. 7IS903 J Stormwater Treatment - Salmon and 6PPD-quinone o 2020: 6PPD-quinone identified as toxic to adult salmon, especially for coho ■ Dust from vehicle tires contains 6PPD-q ■ Stormwater runoff carries tire dust from roadways Coho salmon returning tc spawn -110, 1 0 2022: USFW and NMFS requires formal consultation for the ESA (salmon), unless stormwater is 100% infiltrated ■ Previously, ESA for stormwater was usually informal and programmatic ■ Now, formal ESA consultations add '--2 years to the timeline for NEPA OF A-0 ti U Inc. IS913 0 2024: WSDOT is working with N M FS on programmatic guidance ■ New programmatic agreements may help reduce schedule impacts ■ New stormwater manuals through Ecology potentially out in 2024 ■ likely is litigation between advocacy groups and US EPA Packet Pg. 231 3.2.a ., 220th St SW F i 212th St SW F Edmonds 1 Woodway ' Aldercrest Health Health High School 6 Rehab Center j, Swedish District 3 Hospital ml > UW Medicine LOegionai Heart o� Center 220th St SW `:Y) 1 ' °'"mT`e`' International 224th St SW Plaza District 1 Public 99 RA Storage Mary arket 228th St SW Bre OOd' 230th St SW 232nd St Sw _ a 234th St SW 99 c 236th St SW Aurora .. Marketpla- Gateway L. 4 , 238th St SW District 240th St SW B fngton 242nd St S it Coa actors 244th St S `� r OMajor 04 Transportation Gateway Q Packet Pg. 232 3.2.a 91 ,a 0 Milestones and Schedule I Preliminary Design Environmental WE ARE MERE Preliminary Design Environmental I Us1111_ 202 2026 2027 Final Design Right of Way Public Involvement Final Design Right of Way Public Involvement c 0 �a N d O> 2 d L tin 6ppdq 0 d r.+ R Q 7 C T .N d 0 C O .N d C 0 m N L a r Z C Construction a E s �o i, Construction Packet Pg. 233 Right of Way • Facts and Figures o Existing width —100 feet o Proposed width —105 feet to 112 feet o Number of parcels ■ Stage 3: 18 parcels ■ Stage 4: 28 parcels o Preliminary Cost Estimate (planning level in 2022) ■ Stage 3: $2.4 million ■ Stage 4: $5.6 million o 30% Design Level Preliminary Cost Estimate ■ Stage 3: $4.0 million ■ Stage 4: $9.0 million o Reasons for increase ■ Added width for Complete Streets (-I foot to 9 feet) ■ Extended improvements along 238t" and 220tn ■ Added acquisition locations for art opportunities ■ Inflation and value appreciation ,--,F EL� Overhead Utilities • Aerial to Underground Conversion Costs o Fully Paid by certain Utility Companies (Coma o Paid by the City for other Utility Companies (P ■ with Aerial to Aerial cost credited to the City 177" 1r_ . � Q C%V Eli Overhead Utility Conversions • Preliminary Cost Summary • Stage 3 • Aerial to Aerial • Aerial to Underground (net City cost) • Stage 4 • Aerial to Aerial • Aerial to Underground (net City cost) * r0� . • / r $800,1000 $5.8 million $1.8 million $8.4 million Inc. IS913 - -- -- --- - A. LEGEND: HARDSCAPING - CURB AND GUTTER ; CURB RAMP m BIKE LANE _ BUS SHELTER E D M 0 N D S H WY 99 STG 3 _ LANDSCAPING ® NEW CROSSWALK DETECTABLE WARNING STRIP -OVERHEAD SIGN Z. Packet Pg. 237 Z. G i ----------------- - _ _ _ _ _ _ _ _ _ _ _ - _ IIIIIII IIIIIIIII Q LEGEND: HARDSCAPING - CURB AND GUTTER ; CURB RAMP m BIKE LANE _ BUS SHELTER E D M 0 N D S H WY 99 STG 3 _ LANDSCAPING ® NEW CROSSWALK DETECTABLE WARNING STRIP -OVERHEAD SIGN Packet Pg. 238 Stage 4 Preliminary Cost Estimate $35.7 million • Design $4.5 million • Right of Way $9.1 million • Construction $22.1 million • (includes utility undergrounding at $8.4 M) OV �L® O U Inc. 1 g9l) 77 „< r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ i HIM AL' 'I Funding —Stage 4 Funding Sources (Design & ROW Phases) • Connecting Washington $1.6 Million • Federal Grants $4.2 Million • Move Ahead *** $1.3 Million • Local Funds (local match) • Traffic Impact Fees $3 million • REET $1.3 million *** pending request to move forward Move Ahead WA funds OF UA Inc. 1 g9l) �� . �.�� ..- - •- -- ��sue: 3.2.a • • 1cm s. 1 a '"� .•iq . Hai, A hT dim a 1 LIN LEGEND: _ HARDSCAPING - CURB AND GUTTER jM CURB RAMP m BIKE LANE EDMONDS HWY 99 STG 4 Packet Pg. 241 - LANDSCAPING OHNEW CROSSWALK DETECTABLE WARNING STRIP -BUS SHELTER Fiu Wan at Wall C%V Eli U Next steps • Decision to underground overhead utility lines • Pending legislative request to program Move Ahead WA funds earlier than 2031 • Amend SCJ Agreement to continue Design work • New Environmental / Stormwater requirements • Design work for 238t" Stand 220t" St extensions • Public Outreach U Questions C%V Eli 3.3 City Council Agenda Item Meeting Date: 03/12/2024 Presentation of 2024 Update of Development Related Fees Staff Lead: Jeanie McConnell Department: Engineering Preparer: Emiko Rodarte Background/History The City adopts development fees by Council Resolution. On February 14, 2023, the last overall Planning & Development Fee Update was approved on the consent agenda by City Council. Staff Recommendation Forward item to the consent agenda for approval. Narrative Minor updates occur periodically, and typically more substantive reviews and updates occur every three years. Even though an overall development fee update was completed at the beginning of 2023, the Engineering Division specifically has recognized that certain project permit review fees do not cover the cost of staff time and additional adjustments should be made. Several factors were considered with the proposed fee update, including the increased complexity in projects as seen for instance on/near Highway 99 and development of more challenging sites with steep slopes, critical areas, utility conflicts, etc. In addition, with continued increases in the cost of living and adjustments to labor rates, hourly fees charged for plan reviews and inspections are also proposed to be adjusted. The current fee update is based off the Seattle -Tacoma -Bellevue June -to -June Consumer Price Index (CPI) of 4.6%, which is the CPI recommended by the Finance Department. After review of the current fee schedule, the following updates are recommended: a) Increase hourly review and inspection fees for all reviewing departments/divisions based on CPI. General review and inspections fees will increase from $126/hr to $132/hr. b) Increase flat fees for engineering permits and reviews based on CPI. c) Add Fill/Grade Permit type for large multi -family & commercial projects with hourly review fees. d) Add Meter Drop -In Only Fee e) Clarify applicability of Development Project Peer Review fees. f) Add an in-house arborist review fee. g) Update Subdivision review fees to include an hourly fee for technical staff review. Staff in Building, Planning, Engineering and Fire have worked collaboratively on the fee schedule update and recommend forwarding to the City Council for adoption with an effective date of April 1, 2024. Attachments: Packet Pg. 244 3.3 Attachment 1 - 2024 Planning and Development Fee Guide - Clean Version Attachment 2 - 2024 Planning and Development Fee Guide - redline strikethrough Attachment 3 - 2024 Development Fee Resolution Packet Pg. 245 I 3.3.a I 2024 FEES ASSOCIATED WITH DEVELOPMENT OV E Building - Engineering - Planning Fire 121 51h Ave N, Edmonds WA 98020 425.771.0220 Approved fees effective —April 1, 2024 — Valuation table updated, effective January 1,2024 4- 0 CU CL N O N O C O w C d N d L a Packet Pg. 246 1 I 3.3.a I GENERAL PLANNING & DEVELOPMENT PERMIT FEES Building / Planning / Engineering / Fire City Technology Fee for each permit application.................................................................................. $45.00 0 ment Review Committee Meeting 0 °� Development g.................................................................................................. $ R Pre -Application Meeting................................................................................................................... 1,000.00 'a a (50% applied toward future plan check fee for that specific project only) D le N Recording Fee (For recording documents with Snohomish County) ........................ Recording Cost + $126.00 N 4- 0 Violation Compliance Fee................................................................................ $250.00 or up to 5x Permit Fee cp �a Residential State Building Code Surcharge Fee..................................................................................... $6.50 .................................................................................................................. Each additional dwelling unit $2.00 (a Commercial State Building Code Surcharge Fee................................................................................... $25.00 a .................................................................................................................. Each additional dwelling unit $2.00 (Not applicable to certain minor permits such as plumbing, mechanical, re -roof) 0 PLAN REVIEW & INSPECTION FEES: General plan review fee per reviewing department/division............................................$132.00/hr (%2 hr min.) Plan review for re -submittals after the 3rd review.......................................................................... $132.00/hr Development Project Peer Review (Peer Review)............................$132.00/hr + cost of consultant review fee charged for outside consultant peer review services when City staff lacks the expertise and/or capacity to review a specific project or aspect of a project. This fee is assessed in addition to other applicable project review fees. General Inspection Fee per department/division............................................................................$132.00/ea Re -Inspection Fee.............................................................................................................................$132.00/ea Engineering Inspection Fee*............................................................................3.3% of Value of Improvements *Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits In-house Technical Reviews: Stormwater Engineer Review Fee................................................................................................... $155.00/hr Transportation Engineer Review Fee.............................................................................................. $155.00/hr Utility Engineer Review Fee............................................................................................................ $155.00/hr ArboristReview Fee........................................................................................................................ $132.00/hr For Valuation based projects, plan review fees are calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department (Building, Planning, Fire & General Engineering). REFUNDS: The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on an expired permit. Any application for a refund must be made in writing and describe the circumstances to justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may authorize refunds of Engineering fees or service charges. Packet Pg. 247 1 I 3.3.a I BUILDING PERMIT FEES: Accessory Dwelling Unit Compliance (ADU).......................................................................................... $462.00 Adult Family Home Compliance(AFH)................................................................................................... $628.00 Alternate Methods Review........................................................................................ $132.00/hr + Peer Review Appeal of Building Official Interpretation........................................................................................... $1,108.00 Changeof Use......................................................................................................................................... $582.00 Certificate of Occupancy Re-Issuance............................................................................................... $132.00/hr Demolition (Residential Primary Structure)........................................................................................... $342.00 Demolition (Commercial Primary Structure)..........................................................................................$570.00 Demolition (Secondary Structure or Interior Only)................................................................................. $172.00 Dock/Marina/Floats............................................................................................................... $228.00 + TABLE 1 Electric Vehicle Charging Stations (EV)............................................................................................... $1,005.00 Fence...................................................................................................................................................... $126.00 Fill/Grade Permit (assoc. w/large Multi -Family and Commercial Building Permits) .............................................. .................................................................Hourly review fee per reviewing department/division + Inspection Fees Hot Tub/Spa (Single-Family)................................................................................................................... $228.00 Manufactured Coach Installation — (Commercial Federal HUD Label) .................................................. $572.00 Manufactured Home Installation (Federal HUD Label).......................................................................... $628.00 Parking Lot.............................................................................................................................$228.00+TABLE 1 Re -roof (Commercial)......................................................Valuation based on $2.30 per square foot +TABLE 1 Re -roof (Residential - includes sheathing).............................................................................................. $100.00 Retaining Wall (Commercial, per wall)........................................................................... $846.00 + Peer Review Retaining Wall (Residential, per wall)............................................................................. $756.00 + Peer Review Solar/Photovoltaic (Residential)............................................................................................................. $138.00 Solar/Photovoltaic (Commercial) - Valuation does not include cost of solar panels or inverters......... TABLE 1 Swimming Pool (Pre -manufactured, above ground).............................................................................. $138.00 Swimming Pool (In-Ground)................................................................................................................... TABLE 1 Temporary Certificate of Occupancy (Commercial Only — valid for 60 days) ........................................ $376.00 Temporary Structures and Attached Tents (180 days or less per calendar year) ................................. $627.00 Unit Lot Subdivision Conversion, (Per unit)......................................................................................................... Wireless Communication and Facilities on Private Property................................................................. TABLE 1 SIGNS: Sign (Per sign excluding specific sign categories listed below) Monument Sign (Per sign) ....................................................... Blade Sign (Includes all blade signs in proposal) ..................... Pedestrian Sign (Includes all pedestrian signs in proposal) .... PoleSign (Per sign).................................................................. Murals (Includes all murals in a proposal) .............................. *Planning ADB Design Review may apply ..................................................... $188.00 ..................................................... $188.00 .............................................................. $0 ....................................................... $92.00 ..................................................... $942.00 ..................................................... $188.00 4- 0 m w cU a M It N 0 N 4- 0 _ 0 w �a c d N d L a Packet Pg. 248 1 I 3.3.a I ESLHA DESIGNATED PROPERTIES: Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) ESLHA Administrative Fee.................................................................................................................$2,724.00 ESLHA Consultant Review....................................................................Full cost of review is paid by applicant. Deposit at Application for Peer Completeness Review................................................................... $750.00 Depositat Full Application................................................................................................................. $3,500 Deposit at Re -submittal if additional Peer Review is needed........................................................... $2,000 ESLHA Minor Project Administrative Processing Fee........................................................................... $343.00 ESLHASubmittal Packet......................................................................................................................... $17.00 MECHANICAL PERMITS: BASE PERMIT FEE: .................................................................................................................................. $57.00 UNIT FEE SCHEDULE: For the installation or relocation of each FURNACE - Forced -air or gravity -type, including ducts and appliance vents ....................................... $34.00 AIR HANDLER - Including ducts (Diffusers, blowers, etc.) Up to and including 10,000 cfm (4719 L/s)..................................................................................... $34.00 Over 10,000 cfm (4719 L/s) including ducts.................................................................................... $46.00 GAS HEATER - Suspended, recessed wall or floor -mounted unit ......................................................... $34.00 GENERATOR.......................................................................................................................................... $114.00 HYDRONIC HEATING SYSTEM..............................................................................................................$171.00 APPLIANCE VENT - (Type B, BW, L gas vent, etc.).................................................................................. $17.00 INCINERATOR...................................................................................................................................... $57.00 VENTILATION AND EXHAUST Fan connected to single duct (Bath, laundry, kitchen exhaust etc.) .............................................. $17.00 Each system which is not a portion of any heating or air-conditioning system ............................. $17.00 HOOD — Commercial Type 1, Type 2, Fume Hood including ducts.....................................................$171.00 GAS PIPING: (New or relocated) Gas -Piping systems of 1 to 5 outlets..................................................................................................... $34.00 Each additional outlet over 5................................................................................................................... $6.00 BOILER OR COMPRESSOR Up to and including 50 HP (176 KW).....................................................................................................$57.00 Over 50 HP (176 kW)........................................................................................................................... $114.00 ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................. $57.00 Over 1,750,000 Btu/h (512.9 kW).......................................................................................................$114.00 OTHER FEES: Commercial Plan review hourly fee................................................................................................$132.00/hr Each appliance or piece of equipment regulated by the IMC for which no other fee is listed (Fire dampers, ductless mini- split systems, etc.)........................................................... $34.00 NEW SINGLE FAMILY MECHANICAL SYSTEMS: (Includes all mechanical systems as part of initial build).................................................................... $340.00 4- 0 m CU M a M It N O N 4- 0 c 0 w �a c d N d a Packet Pg. 249 1 I 3.3.a I PLUMBING PERMITS: BASEPERMIT FEE: .................................................................................................................................... $57.00 UNIT FEE SCHEDULE: For the installation, alteration, repair, addition, or relocation of each: .................................................... $17.00 Plumbing fixture (on one trap or a set of fixtures on one trap) Drain w/in footprint of building (rainwater systems, roof deck drains, etc.) Water Heater (includes expansion tank) Re -pipe - Drain, vent or water piping (each fixture served) Water Service Line (replacement or repair) For the installation, alteration, repair, addition, or relocation of each: Water treating equipment (water softener).......................................................................................... $40.00 Backflow protective device - 2" and smaller......................................................................................... $40.00 Backflow protective device - Over 2".................................................................................................... $51.00 Graywater system or reclaimed water system (in addition to fixture fee) .......................................... $74 .00 Non -grease waste pre-treatment interceptor (oil/water, separator, etc.) .......................................... $126.00 Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas ......................................... $126.00 Each additional medical gas inlet/outlet............................................................................................$17.00 Grease Trap (HGI Inside Building)......................................................................................................... $251.00 Gravity Grease Interceptor (GGI))........................................................................................................ $879.00 OTHER FEES: Commercial plan review fee hourly fee......................................................................................... $132.00/hr NEW SINGLE FAMILY PLUMBING SYSTEMS: (Includes interior systems and water line as part of the initial build) ....................................................... $373.00 IMPACT FEES PARK IMPACT FEES: Single-Family........................................................................................................ $2,734.05 per Dwelling Unit Multi-Family......................................................................................................... $2,340.16 per Dwelling Unit Non -Residential Development.......................................................................................$1.34 per square foot Residential Administrative Fee................................................................................................................$63.00 Commercial Administrative Fee............................................................................................................$126.00 ParkImpact Fee Appeal.........................................................................................................................$228.00 TRANSPORTATION IMPACT FEES: Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee: Residential Administrative Fee................................................................................................................$63.00 Commercial Administrative Fee............................................................................................................$126.00 Independent Fee Calculation —Transportation Engineer Review ...................................................... $310.00 plus peer review fee as applicable. Transportation Impact Deferral Fee.................................................................................................... $264.00 plus City Attorney Fees 4- 0 m w cU a M It N O N 4- 0 c 0 w �a c d N m a Packet Pg. 250 1 I 3.3.a I GRADING PERMIT FEES PLAN REVIEW: CUBIC YARDS PLAN REVIEW FEE 50 cubic yards or less $63.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $251.00 1,001 to 10,000 cubic yards $502.00 10,001 to 100,000 cubic yards $502.00 for the first 10,000 cubic yards, plus $126.00 for each additional 10,000 yards or fraction thereof. 100,001 to 200,000 cubic yards $1,633.00 for the first 100,000 cubic yards, plus $126.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more $2,889.00 for the first 200,000 cubic yards, plus $126.00 for each additional 10,000 cubic yards or fraction thereof. PERMIT FEE: CUBIC YARDS PERMIT FEE Base Permit Fee $40.00 50 cubic yards or less $126.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $126.00 for the first 100 cubic yards, plus $29.00 for each additional 100 cubic yards, or fraction thereof. 1,001 to 10,000 cubic yards $383.00 for the first 1,000 cubic yards, plus $51.00 for each additional 1,000 cubic yards, or fraction thereof. 10,001 to 100,000 cubic yards $845.00 for the first 10,000 cubic yards, plus $74.00 for each additional 10,000 cubic yards or fraction thereof. $1,513.00 for the first 100,000 cubic yards, plus $114.00 for 100,001 cubic yards or more each additional 10,000 cubic yards or fraction thereof. Packet Pg. 251 1 F 3.3.a I FIRE PERMIT FEES FIRE SPRINKLER PERMITS: Residential IRC Structures New Residential Fire Sprinkler Systems .................. Residential Fire Sprinkler System Alteration ........... Commercial & Multi -Family Fire Sprinkler Systems New systems............................................................ Modifications: 1 to 5 sprinklers....................................................... 6 or more................................................................. Additional inspections/plan review as required...... FIRE ALARM PERMITS: ................... $342.00 .................... $228.00 ... $342.00 + TABLE 1 .................... $286.00 ... $342.00 + TABLE 1 ............... $132.00/hr New fire alarm system........................................................................................................ $342.00 +TABLE 1 Emergency Responders Radio System (DAS)..................................................................... $126.00 +TABLE 1 Modifications: 1 to 5 initiating devices, Communicator (AES, Cellular)...................................................................... $286.00 6 or more, including panel replacement.............................................................................$342.00+TABLE 1 Additional inspections/plan review as required..............................................................................$132.00/hr TANK PERMITS: Residential fill, remove or install (per each)......................................................................................... $252.00 Commercial fill, remove or install (per each).......................................................................................$514.00 OTHER FIRE PERMITS: Fire Suppression Systems: Commercial Hood Suppression System (per system).................................................................... $372.00 Standpipe........................................................................................................................................ $514.00 FireConnection..................................................................................................................................... $570.00 Fire Operational (Food trucks, beverage dispenser systems, self -standing temporary tents, etc.)..... $126.00 Fire Smoke Control Systems..............................................................................................................$1,004.00 Fire fees include plan review and inspections. 4- 0 m w c� a D It N 0 N 4- 0 _ 0 w �a c d N m a Packet Pg. 252 I 3.3.a I PLANNING AND LAND USE FEES Type I (Staff decisions, no notice)........................................................................................................... $314.00 Type 11 A (Staff decisions with notice)................................................................................................. $1,108.00 Type IIIA (ADB/Hearing Examiner)........................................................... Hearing Examiner Cost + $2,284.00 Type I I I B (Hearing Examiner)...................................................................... Hearing Examiner Cost + $2,284.00 Type IV (Rezone, Development Agreement).......................................................................................$7,994.00 Type V (Plan & Edmonds Community Development Code Amendments) .......................................... $7,994.00 LotLine Adjustment............................................................................................................................ $1,199.00 Short Subdivision Preliminary Approval............................................$3,683.00 + Hourly Technical Review Fee Short Subdivision Civil Plan Review...................................................$3,483.00 + Hourly Technical Review Fee Short Subdivision Final Approval......................................................................................................... $1,816.00 Subdivision Preliminary Approval.............Hearing Examiner Cost + $7,434.00 + Hourly Technical Review Fee Subdivision Civil Plan Review............................................................$5,333.00 + Hourly Technical Review Fee Subdivision Final Approval.................................................................................................................$1,816.00 ModificationRequest..........................................................................................................................$1,108.00 Minor Change to Approved Plat............................................................................................................. $314.00 Major Change to Approved Plat..................................................................... Same as Original Application Fee PRD Preliminary Approval...................................................................................................................$7,434.00 PRDFinal Approval..............................................................................................................................$1,816.00 ADB Design Review —Signs ................................................................................................................. $1,108.00 Staff Design Review if project exceeds SEPA threshold...................................................................... $1,108.00 Landscape Plan Inspection Fee...................................................................................................1% of Estimate Multifamily Tax Exemption Application.............................................................................................. $1,000.00 SEPAReview........................................................................................................................................... $845.00 SEPA Planned Action Compliance Review(Hwy99)..............................................................................$314.00 EISReview..................................................................................................................................................... Cost AmateurRadio........................................................................................................................................ $314.00 Critical Areas Checklist Application........................................................................................................ $126.00 Critical Areas Checklist Update................................................................................................................ $63.00 Critical Areas Variance / Reasonable Use Application ............................... Hearing Examiner Cost + $8,725.00 Critical Areas Study Admin.............................................................................................. $132.00/hr (min. 1 hr) Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees) .............................. $1,108.00 Shoreline Contingent Review (See ECDC 24.80. 100) ..........................................................................$1,108.00 Planning Fee not categorized............................................................................................................ $132.00/hr Request for Reconsideration.................................................................................................................. $314.00 Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant. APPEALS: Appeal of Staff Decision (Type I, II or Hearing Examiner)...................................................................... $514.00 Appeal of Type IIIB Decision to City Council.......................................................................................... $628.00 Appeal of Notice of Civil Violation....................................................................................................... $1,108.00 ADB = Architectural Design Board HE = Hearing Examiner SEPA = State Environmental Policy Act EIS = Environmental Impact Statement PRD = Planned Residential Development 4- 0 m w cU a M It N 0 N 4- 0 c 0 w �a c d N d a Packet Pg. 253 1 I 3.3.a I ENGINEERING FEES MISCELLANEOUS FEES: Backflow Prevention Compliance Fee .................................................. $197.00 Developers Agreements.............................................................................. $264.00 + $132.00/hr + City Attorney Fees Fire/Aid Sign Address Fabrication Fee (Per sign) .................................. $119.00 Street Sign Fabrication Fee (Per sign) .................................................... $238.00 Signal Maintenance (Per hour).............................................................. $132.00 Water and Sewer Availability Letters (Per letter).....................................$77.00 Latecomers Agreement................................................................................ $264.00 + $132.00/hr + City Attorney Fees LID Sewer Agreement.................................................................................. $264.00 + $132.00/hr + City Attorney Fees Utility Company Agreement........................................................................ $264.00 + $132.00/hr + City Attorney Fees Variance from Underground Wiring.......................................................... $396.00 + $132.00/hr + City Attorney Fees GENERAL FACILITY CHARGES — UPDATED PER ORD. 4323, EFFECTIVE 1/1/2024 GFC's shall be paid at the time of permit issuance based on the GFC in effect on the date of each specific application. GFC's are charged in addition to other applicable permit fees. The following does not represent the entire fee schedule or project applicability. Please refer to ECDC 7.30.035 and ECDC 7.50.070. • Water Svstem GFC's are based on meter size: Meter Size General Facility Charge %" $ 6,358.00 1" $15, 895.00 11/2 " $31,790.00 2" $50,864.00 For Single Family Residences Only: GFC is based on meter size required for domestic demand (typically W). GFC shall not be based on meter upsizing for fire sprinkler system when using combination fire/domestic line • Sewer Utility GFC........................................................................$6,598.00 per ERU o A single-family residential development = 1.0 ERU per dwelling unit o A multifamily residential development = 0.67 ERU per dwelling unit o Applicants for non-residential development shall pay a GFC based on the size of the water meter. Stormwater Management GFC.................................................$3,122.00 per ESU o A single-family residential development with up to 5,000 sf hard surface area = 1.0 ESU o All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced, or new plus replaced impervious surface area. o For subdivisions, payment shall be required at the time of civil construction plan issuance. Packet Pg. 254 1 I 3.3.a I RIGHT-OF-WAY FEES: Right -of -Way Construction Permit........................................$396.00 + Inspection Fees Right -of -Way Construction Permit —Small Wireless .......... $396.00 + $132.00/hour for any portion of an hour after the first three hours of staff review time + City Attorney Fees for legal review (if necessary) + Inspection Fees Right -of -Way Minor Construction Permit ............................ $132.00+Inspection Fees Street Restoration for Water Meter Installation ..............$1,195.00 + Street Overlay Cut Penalty Fee if applicable Street Overlay Cut Penalty Fee..............................................$264.00 + ROW Permit Fees + Add'I per SQYD charge times overlay cut multiplier Encroachment Permit............................................................. $396.00 + Inspection Fees + Recording Fees Street Use Permit.................................................................... $132.00 + Sidewalk Dining Fees if applicable Sidewalk Dining Street Use Permit ....................................... $132.00 + Monthly ROW Use Fee Sidewalk Dining Annual Renewal Fee......................................$36.00 Annual Fee + Monthly ROW Use Fee @ $0.50/ SO. FT x 12.84% (leasehold tax) Right -of -Way Disruption Fee ................................................. $264.00 + ROW Permit + Monthly Closure Fees Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated based upon the area of a full parking space. SEWER FEES: General New Commercial & Multi-Family....................................$264.00 + Inspection Fees Facility New Single Family..........................................................$132.00 + Inspection Fees Charges May Apply Repair - Full Line Replacement.......................................$132.00 + Inspection Fees Repair- Partial Line Replacement...................................$132.00 (Includes 1 inspection + Add'I Inspection Fees, if applicable) Special Conditions (Grinder Pumps, Ejectors) ................. $132.00 + Sewer Fees + Utility Engineer Review Drainage Permit (Pool, Hot Tub, Jacuzzi)..........................$66.00 Each Occurrence STORMWATER FEES: Stormwater Permit..........................................................$396.00 + Inspection Fees WATER METER FEES: Meter Size Meter Fee* Meter Drop -In Only Fee *Installation of New Service & Meter 3/4" $3,488.00 3/4" upsize to 1" - $300.00 1" $3,548.00 1%2" $7,430.00 2" $7,633.00 *General Facility Charges may apply GFC = General Facility Charge ESU = Equivalent Service Unit ROW = Right of Way ERU = Equivalent Residential Unit Packet Pg. 255 1 I 3.3.a I ICC VALUATION TABLE August 2023 Adopted by City of Edmonds effective Jan 1, 2024 Group (2021 International Building Code) IA IB IIA IIB IIIA 11113 IV VA VB A-1 Assembly, theaters, with stage 335.89 324.58 316.94 304.93 286.87 278.00 295.62 266.02 257.55 A-1 Assembly, theaters, without stage 307.39 296.08 288.44 276.42 258.37 249.50 267.12 237.51 229.05 A-2 Assembly, nightclubs 269.94 261.93 254.48 245.85 230.56 223.99 237.02 209.57 202.79 A-2 Assembly, restaurants, bars, banquet halls 268.94 260.93 252.48 244.85 228.56 222.99 236.02 207.57 201.79 A-3 Assembly, churches 311.88 300.57 292.93 280.91 263.30 254.43 271.60 242.45 233.98 A-3 Assembly, general, community halls, libraries, museums 266.07 254.76 246.12 235.10 216.33 208.46 225.80 195.47 188.01 A4 Assembly, arenas 306.39 295.08 286.44 275.42 256.37 248.50 266.12 235.51 228.05 B Business 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 E Educational 273.46 263.96 255.62 245.04 228.69 1 217.00 236.61 1 200.36 193.94 F-1 Factory and industrial, moderate hazard 160.20 152.78 143.34 138.64 123.55 117.41 132.48 102.44 95.93 F-2 Factory and industrial, low hazard 159.20 151.78 143.34 137.64 123.55 116.41 131.48 102.44 94.93 H-1 High Hazard, explosives 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 N.P. H234 High Hazard 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 85.50 H-5 HPM 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 1-1 Institutional, supervised environment 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 1-2 Institutional, hospitals 434.15 424.59 415.32 405.12 383.35 N.P. 396.02 358.57 N.P. 1-2 Institutional, nursing homes 302.01 292.45 283.18 272.97 253.83 N.P. 263.88 229.05 N.P. 1-3 Institutional, restrained 295.86 286.31 277.03 266.83 247.95 238.69 257.74 223.17 212.77 14 Institutional, day care facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 M Mercantile 201.37 193.36 184.91 177.28 161.72 156.15 168.45 140.73 134.95 R-1 Residential, hotels 264.67 255.41 246.77 238.13 218.35 212.40 238.17 196.75 190.67 R-2 Residential, multiple family 221.32 212.06 203.42 194.78 175.96 170.01 194.82 154.36 148.28 R-3 Residential, one- and two-family ° 209.61 203.74 198.94 195.12 188.41 181.45 191.77 175.86 165.67 R4 Residential, care/assisted living facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 S-1 Storage, moderate hazard 148.46 141.04 131.60 126.90 112.12 105.97 120.74 91.00 84.50 S-2 Storage, low hazard 147.46 140.04 131.60 125.90 112.12 104.97 119.74 91.00 83.50 U Utility, miscellaneous 114.09 107.37 99.89 95.60 85.13 79.54 90.99 67.39 64.19 Square Foot Construction Costs a, b, a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $31.50 persq. ft. e. Carport = $29.00 per sq. ft. f. Sunroom (unheated) = $32.00 per sq. ft. g. Deck, Ramp, Stairs, Trellis, Porch = $23.00 per sq. ft. h. Dock = $40.00 per sq. ft. i. Unheated Storage = $29.00 per sq. ft. Packet Pg. 256 1 I 3.3.a I VALUATION BASED BUILDING PERMIT FEES TABLE 1 Total Valuation** Residential Commercial $1 to $500 $100 Base fee + $30 $100 Base fee + $36 $100 Base fee + $30 for the first $500 + $3 for $100 Base fee + $36 for the first $500 + $3.60 for $501 to $2,000 each additional $100, or fraction thereof to and each additional $100, or fraction thereof to and including $2,000 including $2,000 $100 Base fee + $75 for the first $2,001 + $14 for $100 Base fee + $90 for the first $2,001 + $16.80 $2,001 to $25,000 each additional $1,000, or fraction thereof to and for each additional $1,000, or fraction thereof to including $25,000 and including $25,000 $25,001 to $100 Base fee + $400 for the first $25,001 + $10 $100 Base fee + $480 for the first $25,001 + $12 $50,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $50,000 and including $50,000 $50,001 to $100 Base fee + $650 for the first $50,001 + $7 $100 Base fee + $780 for the first $50,001 + $8.40 $100,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $100,000 and including $100,000 $100,001 to $100 Base fee + $1,000 for the first $100,001 + $100 Base fee + $1,200 for the first $100,001 + $500,000 $6 for each additional $1,000, or fraction thereof $7.20 for each additional $1,000, or fraction to and including $500,000 thereof to and including $500,000 $500,001 to $100 Base fee + $3,400 for the first $500,001 + $100 Base fee + $4,080 for the first $500,001 + $6 $1,000,000 $5 for each additional $1,000, or fraction thereof for each additional $1,000, or fraction thereof to to and including $1,000,000 and including $1,000,000 $1,000,001 and $100 Base fee + $5,900 for the first $1,000,000 + $100 Base fee + $7,080 for the first $1,000,000 + up $4 for each additional $1,000, or fraction thereof $4.80 for each additional $1,000, or fraction thereof The Building Valuation Data table shall be updated on January 1st of each year to the latest version as published by ICC. **See Valuation Table located on previous page. TABLE 1 -VALUATION BASED APPLICABLE PERMITS: Commercial Structures: New, Additions & Remodels Garages & Carports Residential Structures: New, Additions & Remodels Swimming Pools (In -Ground) Accessory Structures (Greenhouse/Shed) Cell Communications/ Wireless Facilities Deck, Stairs, Ramps Other permit types as determined Commercial: Hot/Tub and Spas, Solar/ Photovoltaic Systems, Re -roofs & Tenant Improvements Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit $25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit Packet Pg. 257 1 I 3.3.a I Non -Development Services Fees SPECIAL EVENT PERMITS: (Direct any inquires to the City Clerk's office) Small event / less than 100 people.............................................................................$50.00 Small event — Edmonds -based NP entity.....................................................................$25.00 Major event / more than 100 people........................................................................$125.00 Major event — Edmonds -based NP entity...................................................................$62.50 Packet Pg. 258 1 I 3.3.b I 2024 FEES ASSOCIATED WITH DEVELOPMENT of E Building - Engineering - Planning Fire 121 51h Ave N, Edmonds WA 98020 425.771.0220 Approved fees effective April 1, 20234 — Valuation table updated, effective January 1,2024 0 CL N O N 4- 0 r- M a Packet Pg. 259 1 I 3.3.b I GENERAL PLANNING & DEVELOPMENT PERMIT FEES Building / Planning / Engineering / Fire City Technology Fee for each permit application.................................................................................. $45.00 Development Review Committee Meeting.................................................................................................. $0 Pre -Application Meeting................................................................................................................... $1,000.00 (50% applied toward future plan check fee for that specific project only) Recording Fee (For recording documents with Snohomish County) ........................ Recording Cost + $126.00 Violation Compliance Fee................................................................................ $250.00 or up to 5x Permit Fee Residential State Building Code Surcharge Fee..................................................................................... $6.50 .................................................................................................................. Each additional dwelling unit $2.00 Commercial State Building Code Surcharge Fee................................................................................... $25.00 .................................................................................................................. Each additional dwelling unit $2.00 (Not applicable to certain minor permits such as plumbing, mechanical, re -roof) PLAN REVIEW & INSPECTION FEES: General plan review fee per reviewing department/division....................... $32f6-99132.00 hr (1 % hr min.) Plan review for re -submittals after the 3rd review............................................................... $12-6-.W132.00 hr Development Project Peer Review (Peer Review) .................. $3246-99132.00 hr + cost of consultant review fee charged for outside consultant peer review services when City staff lacks the expertise and/or capacity to review a specific project or aspect of a project. This fee is assessed in addition to other applicable project review fees. General Inspection Fee per department/division................................................................ $42-&.-99132.00 ea Re -Inspection Fee................................................................................................................. $42 99132.00 ea Engineering Inspection Fee*............................................................................3.3% of Value of Improvements *Applies to Civil Site Improvements, such as Subdivisions, Commercial & Multi -Family Permits In-house Technical Reviews: Stormwater Engineer Review Fee........................................................................................ $448-.W 55.00 hr Transportation Engineer Review Fee...................................................................................$448-.W 55.00 hr Utility Engineer Review Fee................................................................................................. $448-99155.00 hr ArboristReview Fee........................................................................................................................ $132.00/hr For Valuation based projects,413,e plan review fees areas calculated at 85% of the building permit fee and includes up to 3 reviews per division/ department (Building, Planning, Fire & General Engineering). REFUNDS: The City may authorize refunding of any permit fee paid which was erroneously paid or collected. The City may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the applicable code(s). The City may also refund not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. Refunds shall not be granted of any fee on an expired permit. Any application for a refund must be made in writing and describe the circumstances to justify. Refunds for permit fees covered by 19.70.025 ECDC may be authorized by the Building Official. The Planning Manager may authorize refunds of Planning fees or service charges. The City Engineer may authorize refunds of Engineering fees or service charges. Packet Pg. 260 1 I 3.3.b I BUILDING PERMIT FEES: Accessory Dwelling Unit Compliance (ADU) Adult Family Home Compliance (AFH)........ Alternate Methods Review .......................... Appeal of Building Official Interpretation ... Change of Use .............................................. Certificate of Occupancy Re -Issuance......... Demolition (Residential Primary Structure) .......... Demolition (Commercial Primary Structure)......... Demolition (Secondary Structure or Interior Only) Dock/Marina/Floats............................................... Electric Vehicle Charging Stations (EV) ................. $1,005.00 Fence...................................................................................................................................................... $126.00 Fill/Grade Permit (assoc. w/large Multi -Family and Commercial Building Permits).............................................. .................................................................Hourly review fee per reviewing department/division + Inspection Fees Hot Tub/Spa (Single-Family)................................................................................................................... $228.00 Manufactured Coach Installation — (Commercial Federal HUD Label) .................................................. $572.00 Manufactured Home Installation (Federal HUD Label).......................................................................... $628.00 Parking Lot.............................................................................................................................$228.00+TABLE 1 Re -roof (Commercial)......................................................Valuation based on $2.30 per square foot +TABLE 1 Re -roof (Residential - includes sheathing).............................................................................................. $100.00 Retaining Wall (Commercial, per wall)........................................................................... $846.00 + Peer Review Retaining Wall (Residential, per wall)............................................................................. $756.00 + Peer Review Solar/Photovoltaic (Residential)............................................................................................................. $138.00 Solar/Photovoltaic (Commercial) - Valuation does not include cost of solar panels or inverters......... TABLE 1 Swimming Pool (Pre -manufactured, above ground).............................................................................. $138.00 Swimming Pool (In-Ground)................................................................................................................... TABLE 1 Temporary Certificate of Occupancy (Commercial Only — valid for 60 days) ........................................ $376.00 Temporary Structures and Attached Tents (180 days or less per calendar year) ................................. $627.00 Unit Lot Subdivision Conversion, (Per unit)......................................................................................................... Wireless Communication and Facilities on Private Property................................................................. TABLE 1 SIGNS: Sign (Per sign excluding specific sign categories listed below) Monument Sign (Per sign) ....................................................... Blade Sign (Includes all blade signs in proposal) ..................... Pedestrian Sign (Includes all pedestrian signs in proposal) .... PoleSign (Per sign).................................................................. Murals (Includes all murals in a proposal) .............................. *Planning ADB Design Review may apply ..................................................... $188.00 ..................................................... $188.00 .............................................................. $0 ....................................................... $92.00 ..................................................... $942.00 ..................................................... $188.00 0 a� c� a v N 0 N 0 c 0 w M w c m d a Packet Pg. 261 1 I 3.3.b I ESLHA DESIGNATED PROPERTIES: Additional fees associated with development in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA) ESLHA Administrative Fee.................................................................................................................$2,724.00 ESLHA Consultant Review....................................................................Full cost of review is paid by applicant. Deposit at Application for Peer Completeness Review................................................................... $750.00 Depositat Full Application................................................................................................................. $3,500 Deposit at Re -submittal if additional Peer Review is needed........................................................... $2,000 ESLHA Minor Project Administrative Processing Fee........................................................................... $343.00 ESLHASubmittal Packet......................................................................................................................... $17.00 MECHANICAL PERMITS: BASE PERMIT FEE: .................................................................................................................................. $57.00 UNIT FEE SCHEDULE: For the installation or relocation of each FURNACE - Forced -air or gravity -type, including ducts and appliance vents ....................................... $34.00 AIR HANDLER - Including ducts (Diffusers, blowers, etc.) Up to and including 10,000 cfm (4719 L/s)..................................................................................... $34.00 Over 10,000 cfm (4719 L/s) including ducts.................................................................................... $46.00 GAS HEATER - Suspended, recessed wall or floor -mounted unit ......................................................... $34.00 GENERATOR.......................................................................................................................................... $114.00 HYDRONIC HEATING SYSTEM..............................................................................................................$171.00 APPLIANCE VENT - (Type B, BW, L gas vent, etc.).................................................................................. $17.00 INCINERATOR...................................................................................................................................... $57.00 VENTILATION AND EXHAUST Fan connected to single duct (Bath, laundry, kitchen exhaust etc.) .............................................. $17.00 Each system which is not a portion of any heating or air-conditioning system ............................. $17.00 HOOD — Commercial Type 1, Type 2, Fume Hood including ducts.....................................................$171.00 GAS PIPING: (New or relocated) Gas -Piping systems of 1 to 5 outlets..................................................................................................... $34.00 Each additional outlet over 5................................................................................................................... $6.00 BOILER OR COMPRESSOR Up to and including 50 HP (176 KW).....................................................................................................$57.00 Over 50 HP (176 kW)........................................................................................................................... $114.00 ABSORPTION SYSTEM, AIR CONDITIONING SYSTEM OR HEAT PUMP Up to and including 1,750,000 Btu/h (512.9 kW)................................................................................. $57.00 Over 1,750,000 Btu/h (512.9 kW).......................................................................................................$114.00 OTHER FEES: Commercial Plan review hourly fee.....................................................................................$3_1&.-89132.00 hr Each appliance or piece of equipment regulated by the IMC for which no other fee is listed (Fire dampers, ductless mini- split systems, etc.)........................................................... $34.00 NEW SINGLE FAMILY MECHANICAL SYSTEMS: (Includes all mechanical systems as part of initial build).................................................................... $340.00 0 a� c� a v N O N 4- 0 c 0 M w c m d a Packet Pg. 262 1 I 3.3.b I 4- 0 a� PLUMBING PERMITS: a I BASE PERMIT FEE: .................................................................................................................................... $57.00 v N UNIT FEE SCHEDULE: N For the installation, alteration, repair, addition, or relocation of each: .................................................... $17.00 0 Plumbing fixture (on one trap or a set of fixtures on one trap) r_ 0 Drain w/in footprint of building (rainwater systems, roof deck drains, etc.) Water Heater (includes expansion tank) c Re -pipe - Drain, vent or water piping (each fixture served) Water Service Line (replacement or repair) L. a For the installation, alteration, repair, addition, or relocation of each: Water treating equipment (water softener).......................................................................................... $40.00 Backflow protective device - 2" and smaller......................................................................................... $40.00 Backflow protective device - Over 2".................................................................................................... $51.00 Graywater system or reclaimed water system (in addition to fixture fee) .......................................... $74 .00 Non -grease waste pre-treatment interceptor (oil/water, separator, etc.) .......................................... $126.00 Medical gas piping system serving 1 to 5 inlet/outlet(s) for a specific gas ......................................... $126.00 Each additional medical gas inlet/outlet............................................................................................$17.00 Grease Trap (HGI Inside Building)......................................................................................................... $251.00 Gravity Grease Interceptor (GGI))........................................................................................................ $879.00 OTHER FEES: Commercial plan review fee hourly fee..............................................................................$372-6-.00132.00 hr NEW SINGLE FAMILY PLUMBING SYSTEMS: (Includes interior systems and water line as part of the initial build) ....................................................... $373.00 IMPACT FEES PARK IMPACT FEES: Single-Family........................................................................................................ $2,734.05 per Dwelling Unit Multi-Family......................................................................................................... $2,340.16 per Dwelling Unit Non -Residential Development.......................................................................................$1.34 per square foot Residential Administrative Fee...................................................................................................... $69.0063.00 Commercial Administrative Fee................................................................................................ $120.00126.00 ParkImpact Fee Appeal.........................................................................................................................$228.00 TRANSPORTATION IMPACT FEES: Refer to City Code & Handouts to calculate impact fee. The following applies in addition to impact fee: Residential Administrative Fee...................................................................................................... $69.9063.00 Commercial Administrative Fee................................................................................................ $129.99126.00 Independent Fee Calculation —Transportation Engineer Review...........................................$2964C)310.00 plus peer review fee as applicable. Transportation Impact Deferral Fee.........................................................................................$292-00264.00 plus City Attorney Fees Packet Pg. 263 1 I 3.3.b I GRADING PERMIT FEES PLAN REVIEW: CUBIC YARDSam PLAN REVIEW FEE 50 cubic yards or less $63.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $251.00 1,001 to 10,000 cubic yards $502.00 10,001 to 100,000 cubic yards $502.00 for the first 10,000 cubic yards, plus $126.00 for each additional 10,000 yards or fraction thereof. 100,001 to 200,000 cubic yards $1,633.00 for the first 100,000 cubic yards, plus $126.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 cubic yards or more $2,889.00 for the first 200,000 cubic yards, plus $126.00 for each additional 10,000 cubic yards or fraction thereof. PERMIT FEE: CUBIC YARDS PERMIT FEE Base Permit Fee $40.00 50 cubic yards or less $126.00 (When located in a designated critical area) 51 to 100 cubic yards $126.00 101 to 1,000 cubic yards $126.00 for the first 100 cubic yards, plus $29.00 for each additional 100 cubic yards, or fraction thereof. 1,001 to 10,000 cubic yards $383.00 for the first 1,000 cubic yards, plus $51.00 for each additional 1,000 cubic yards, or fraction thereof. 10,001 to 100,000 cubic yards $845.00 for the first 10,000 cubic yards, plus $74.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more $1,513.00 for the first 100,000 cubic yards, plus $114.00 for each additional 10,000 cubic yards or fraction thereof. Packet Pg. 264 1 3.3b FIRE PERMIT FEES FIRE SPRINKLER PERMITS: Residential IRC Structures New Residential Fire Sprinkler Systems .................. Residential Fire Sprinkler System Alteration ........... Commercial & Multi -Family Fire Sprinkler Systems New systems............................................................ Modifications: 1 to 5 sprinklers....................................................... 6 or more................................................................. Additional inspections/plan review as required...... FIRE ALARM PERMITS: ................... $342.00 .................... $228.00 ... $342.00 + TABLE 1 .................... $286.00 ... $342.00 + TABLE 1 .... $446r.99132.00 hr New fire alarm system........................................................................................................ $342.00 +TABLE 1 Emergency Responders Radio System (DAS)..................................................................... $126.00 +TABLE 1 Modifications: 1 to 5 initiating devices, Communicator (AES, Cellular)...................................................................... $286.00 6 or more, including panel replacement.............................................................................$342.00+TABLE 1 Additional inspections/plan review as required...................................................................$127 1I 2.00 hr TANK PERMITS: Residential fill, remove or install (per each)......................................................................................... $252.00 Commercial fill, remove or install (per each).......................................................................................$514.00 OTHER FIRE PERMITS: Fire Suppression Systems: Commercial Hood Suppression System (per system).................................................................... $372.00 Standpipe........................................................................................................................................ $514.00 FireConnection..................................................................................................................................... $570.00 Fire Operational (Food trucks, beverage dispenser systems, self -standing temporary tents, etc.)..... $126.00 Fire Smoke Control Systems..............................................................................................................$1,004.00 Fire fees include plan review and inspections. Packet Pg. 265 PLANNING AND LAND USE FEES I 3.3.b I GENERAL: Type I (Staff decisions, no notice)........................................................................................................... $314.00 Type 11 A (Staff decisions with notice)................................................................................................. $1,108.00 Type IIIA (ADB/Hearing Examiner)........................................................... Hearing Examiner Cost + $2,284.00 Type I I I B (Hearing Examiner)...................................................................... Hearing Examiner Cost + $2,284.00 Type IV (Rezone, Development Agreement).......................................................................................$7,994.00 Type V (Plan & Edmonds Community Development Code Amendments) .......................................... $7,994.00 LotLine Adjustment............................................................................................................................ $1,199.00 Short Subdivision Preliminary Approval............................................$3,683.00 + Hourly Technical Review Fee Short Subdivision Civil Plan Review...................................................$3,483.00 + Hourly Technical Review Fee Short Subdivision Final Approval......................................................................................................... $1,816.00 Subdivision Preliminary Approval.............Hearing Examiner Cost + $7,434.00 + Hourly Technical Review Fee Subdivision Civil Plan Review............................................................$5,333.00 + Hourly Technical Review Fee Subdivision Final Approval.................................................................................................................$1,816.00 ModificationRequest..........................................................................................................................$1,108.00 Minor Change to Approved Plat............................................................................................................. $314.00 Major Change to Approved Plat..................................................................... Same as Original Application Fee PRD Preliminary Approval...................................................................................................................$7,434.00 PRDFinal Approval..............................................................................................................................$1,816.00 ADB Design Review —Signs ................................................................................................................. $1,108.00 Staff Design Review if project exceeds SEPA threshold...................................................................... $1,108.00 Landscape Plan Inspection Fee...................................................................................................1% of Estimate Multifamily Tax Exemption Application.............................................................................................. $1,000.00 SEPAReview........................................................................................................................................... $845.00 SEPA Planned Action Compliance Review(Hwy99)..............................................................................$314.00 EISReview..................................................................................................................................................... Cost AmateurRadio........................................................................................................................................ $314.00 Critical Areas Checklist Application........................................................................................................ $126.00 Critical Areas Checklist Update................................................................................................................ $63.00 Critical Areas Variance / Reasonable Use Application ............................... Hearing Examiner Cost + $8,725.00 Critical Areas Study Admin...................................................................................$44&:99132.00 hr (min. 1 hr) Critical Areas Contingent Review (See ECDC 23.40.195 for more detail on fees) .............................. $1,108.00 Shoreline Contingent Review (See ECDC24.80.100)..........................................................................$1,108.00 Planning Fee not categorized.................................................................................................$42-&:98132.00 hr Request for Reconsideration.................................................................................................................. $314.00 Note: When an application is heard by the Hearing Examiner (HE), the cost of the hearing is billed to the applicant. APPEALS: Appeal of Staff Decision (Type I, II or Hearing Examiner)...................................................................... $514.00 Appeal of Type IIIB Decision to City Council.......................................................................................... $628.00 Appeal of Notice of Civil Violation....................................................................................................... $1,108.00 ADB = Architectural Design Board HE = Hearing Examiner SEPA = State Environmental Policy Act EIS = Environmental Impact Statement PRD = Planned Residential Development 4- 0 a� c� a v N 0 N 0 c O M c m a Packet Pg. 266 1 I 3.3.b I ENGINEERING FEES MISCELLANEOUS FEES: Backflow Prevention Compliance Fee ....................................... $38 00197.00 Developers Agreements............................................................ $25� 00264.00 + $32600132.00/hr + City Attorney Fees Fire/ Aid Sign Address Fabrication Fee (Per sign) ....................... $114 00119.00 Street Sign Fabrication Fee (Per sign) ......................................... $228.00238.00 Signal Maintenance (Per hour) ................................................... $12699132.00 Water and Sewer Availability Letters (Per letter) ........................... $;4:9977.00 Latecomers Agreement...............................................................$252.09264.00+ $12&99132.00 hr +City Attorney Fees LID Sewer Agreement................................................................ $252 00264.00 + $42-&.99132.00 hr +City Attorney Fees Utility Company Agreement....................................................... $25� 90264.00 + $44 90132.00 hr + City Attorney Fees Variance from Underground Wiring........................................$378-00396.00 + $42-6-.09132.00 hr + City Attorney Fees GENERAL FACILITY CHARGES — UPDATED PER ORD. 4323, EFFECTIVE 1/1/2024 GFC's shall be paid at the time of permit issuance based on the GFC in effect on the date of each specific application. GFC's are charged in addition to other applicable permit fees. The following does not represent the entire fee schedule or project applicability. Please refer to ECDC 7.30.035 and ECDC 7.50.070. • Water Svstem GFC's are based on meter size: Meter Size General Facility Charge %" $5,050.00 6,358.00 1" $12� 624.0915, 995.00 11/2" $2� 9931, 990.00 2" $49,397.9950, 864.00 For Single Family Residences Only: GFC is based on meter size required for domestic demand (typically W). GFC shall not be based on meter upsizing for fire sprinkler system when using combination fire/domestic line Sewer Utility GFC............................................. $4 n; .096,5 88.00 per ERU o A single-family residential development = 1.0 ERU per dwelling unit o A multifamily residential development = 0.67 ERU per dwelling unit o Applicants for non-residential development shall pay a GFC equal t the Eon 1 that iS made by the Publi . �Alerks Direete.- based on the size of the water meter. Stormwater Management GFC .......................... $799.093,122.00 per ESU o A single-family residential development with up to 5,000 sf hard surface area = 1.0 ESU o All other construction calculated according to a ratio of 1.0 ESU per 3,000 sq ft of new, replaced, or new plus replaced impervious surface area. o For subdivisions, payment shall be required at the time of civil construction plan issuance. Packet Pg. 267 1 1 3.3.b I RIGHT-OF-WAY FEES: Right -of -Way Construction Permit.....................................$3:79.99396.00 + Inspection Fees Right -of -Way Construction Permit —Small Wireless ..—.$379.99396.00 +-$42&99132.00 hour for any portion of an hour after the first three hours of staff review time + City Attorney Fees for legal review (if necessary) + Inspection Fees Right -of -Way Minor Construction Permit ........... $3�6 99132.00 + Inspection Fees Street Restoration for Water Meter Installation$',�91,195.00 + Street Overlay Cut Penalty Fee if applicable Street Overlay Cut Penalty Fee ............................ $252.90264.00 + ROW Permit Fees + Add'I per SQYD charge times overlay cut multiplier Encroachment Permit .......................................... $37899396.00 + Inspection Fees + Recording Fees Street Use Permit ................................................. $32699132.00 + Sidewalk Dining Fees if applicable Sidewalk Dining Street Use Permit ....................... $4 )6 99132.00 + Monthly ROW Use Fee Sidewalk Dining Annual Renewal Fee ........................ $24-9836.00 Annual Fee + Monthly ROW Use Fee @ $0.50/ SO. FT x 12.84% (leasehold tax) Right -of -Way Disruption Fee ................................ $252.90264.00 + ROW Permit + Monthly Closure Fees Closure fees charged for any activity that occupies or closes, sidewalks, parking spaces(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. Monthly portion of Fee [$ per month] = 1% of assessed value per square foot of abutting property x right of way area [SF] disrupted/closed. If disruption/closure affects any portion of the area of a parking space, the area of disruption closure is calculated based upon the area of a full parking space. SEWER FEES: General New Commercial & Multi -Family ........................ $�SP 99264.00 + Inspection Fees Facility New Single Family ............................................... $3�9A132.00 + Inspection Fees Charges May Apply Repair - Full Line Replacement ........................... $32699132.00 + Inspection Fees Repair - Partial Line Replacement ....................... $12 99132.00 (Includes 1 inspection + Add'I Inspection Fees, if applicable) Special Conditions (Grinder Pumps, Ejectors)..... $4 �6 99132.00 + Sewer Fees + Utility Engineer Review Drainage Permit (Pool, Hot Tub, Jacuzzi).................$63 0066.00 Each Occurrence STORMWATER FEES: Stormwater Permit .............................................. $37800396.00 + Inspection Fees WATER METER FEES: Meter Size Meter Fee* Meter Drop -In Only Fee *Installation of New Service & Meter 3/4" $9,335.993,488.00 3/4" upsize to 1" - $300.00 1" $9,'- 993,548.00 1%2" $'�3.007,430.00 2" $','�997,633.00 *General Facility Charges may apply GFC = General Facility Charge ESU = Equivalent Service Unit ROW = Right of Way ERU = Equivalent Residential Unit Packet Pg. 268 1 I 3.3.b I ICC VALUATION TABLE August 2023 Adopted by City of Edmonds effective Jan 1, 2024 Group (2021 International Building Code) IA IB IIA IS IIIA 11113 IV VA VB A-1 Assembly, theaters, with stage 335.89 324.58 316.94 304.93 286.87 278.00 295.62 266.02 257.55 A-1 Assembly, theaters, without stage 307.39 296.08 288.44 276.42 258.37 249.50 267.12 237.51 229.05 A-2 Assembly, nightclubs 269.94 261.93 254.48 245.85 230.56 223.99 237.02 209.57 202.79 A-2 Assembly, restaurants, bars, banquet halls 268.94 260.93 252.48 244.85 228.56 222.99 236.02 207.57 201.79 A-3 Assembly, churches 311.88 300.57 292.93 280.91 263.30 254.43 271.60 242.45 233.98 A-3 Assembly, general, community halls, libraries, museums 266.07 254.76 246.12 235.10 216.33 208.46 225.80 195.47 188.01 A4 Assembly, arenas 306.39 295.08 286.44 275.42 256.37 248.50 266.12 235.51 228.05 B Business 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 E Educational 273.46 263.96 255.62 245.04 228.69 217.00 236.61 1 200.36 193.94 F-1 Factory and industrial, moderate hazard 160.20 152.78 143.34 138.64 123.55 117.41 132.48 102.44 95.93 F-2 Factory and industrial, low hazard 159.20 151.78 143.34 137.64 123.55 116.41 131.48 102.44 94.93 H-1 High Hazard, explosives 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 N.P. H234 High Hazard 149.46 142.04 133.60 127.90 114.12 106.97 121.74 93.00 85.50 H-5 HPM 260.69 251.13 241.86 231.65 210.99 202.73 222.56 186.21 177.81 1-1 Institutional, supervised environment 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 1-2 Institutional, hospitals 434.15 424.59 415.32 405.12 383.35 N.P. 396.02 358.57 N.P. 1-2 Institutional, nursing homes 302.01 292.45 283.18 272.97 253.83 N.P. 263.88 229.05 N.P. 1-3 Institutional, restrained 295.86 286.31 277.03 266.83 247.95 238.69 257.74 223.17 212.77 14 Institutional, day care facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 M Mercantile 201.37 193.36 184.91 177.28 161.72 156.15 168.45 140.73 134.95 R-1 Residential, hotels 264.67 255.41 246.77 238.13 218.35 212.40 238.17 196.75 190.67 R-2 Residential, multiple family 221.32 212.06 203.42 194.78 175.96 170.01 194.82 154.36 148.28 R-3 Residential, one- and two-family ° 209.61 203.74 198.94 195.12 188.41 181.45 191.77 175.86 165.67 R4 Residential, care/assisted living facilities 262.22 252.95 244.31 235.67 215.42 209.47 235.71 193.82 187.73 S-1 Storage, moderate hazard 148.46 141.04 131.60 126.90 112.12 105.97 120.74 91.00 84.50 S-2 Storage, low hazard 147.46 140.04 131.60 125.90 112.12 104.97 119.74 91.00 83.50 U Utility, miscellaneous 114.09 107.37 99.89 95.60 85.13 79.54 90.99 67.39 64.19 Square Foot Construction Costs a, b, ` a. Private Garages use Utility, miscellaneous b. For shell only buildings deduct20 percent c. N.P. = not permitted d. Unfinished basements (Group R-3) = $31.50 persq. ft. e. Carport = $29.00 per sq. ft. f. Sunroom (unheated) = $32.00 per sq. ft. g. Deck, Ramp, Stairs, Trellis, Porch = $23.00 per sq. ft. h. Dock = $40.00 per sq. ft. i. Unheated Storage = $29.00 per sq. ft. Packet Pg. 269 1 I 3.3.b I VALUATION BASED BUILDING PERMIT FEES TABLE 1 Total Valuation** Residential Commercial $1 to $500 $100 Base fee + $30 $100 Base fee + $36 $100 Base fee + $30 for the first $500 + $3 for $100 Base fee + $36 for the first $500 + $3.60 for $501 to $2,000 each additional $100, or fraction thereof to and each additional $100, or fraction thereof to and including $2,000 including $2,000 $100 Base fee + $75 for the first $2,001 + $14 for $100 Base fee + $90 for the first $2,001 + $16.80 $2,001 to $25,000 each additional $1,000, or fraction thereof to and for each additional $1,000, or fraction thereof to including $25,000 and including $25,000 $25,001 to $100 Base fee + $400 for the first $25,001 + $10 $100 Base fee + $480 for the first $25,001 + $12 $50,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $50,000 and including $50,000 $50,001 to $100 Base fee + $650 for the first $50,001 + $7 $100 Base fee + $780 for the first $50,001 + $8.40 $100,000 for each additional $1,000, or fraction thereof to for each additional $1,000, or fraction thereof to and including $100,000 and including $100,000 $100,001 to $100 Base fee + $1,000 for the first $100,001 + $100 Base fee + $1,200 for the first $100,001 + $500,000 $6 for each additional $1,000, or fraction thereof $7.20 for each additional $1,000, or fraction to and including $500,000 thereof to and including $500,000 $500,001 to $100 Base fee + $3,400 for the first $500,001 + $100 Base fee + $4,080 for the first $500,001 + $6 $1,000,000 $5 for each additional $1,000, or fraction thereof for each additional $1,000, or fraction thereof to to and including $1,000,000 and including $1,000,000 $1,000,001 and $100 Base fee + $5,900 for the first $1,000,000 + $100 Base fee + $7,080 for the first $1,000,000 + up $4 for each additional $1,000, or fraction thereof $4.80 for each additional $1,000, or fraction thereof The Building Valuation Data table shall be updated on January 1st of each year to the latest version as published by ICC. **See Valuation Table located on previous page. TABLE 1 -VALUATION BASED APPLICABLE PERMITS: Commercial Structures: New, Additions & Remodels Garages & Carports Residential Structures: New, Additions & Remodels Swimming Pools (In -Ground) Accessory Structures (Greenhouse/Shed) Cell Communications/ Wireless Facilities Deck, Stairs, Ramps Other permit types as determined Commercial: Hot/Tub and Spas, Solar/ Photovoltaic Systems, Re -roofs & Tenant Improvements Plus: $6.50 Residential State Surcharge Fee per permit and $2 per each dwelling unit $25.00 Commercial State Surcharge Fee per permit and $2 per each dwelling unit Packet Pg. 270 1 I 3.3.b I 0 m Non -Development Services Fees '0 a M SPECIAL EVENT PERMITS: c (Direct any inquires to the City Clerk's office) N 0 Small event / less than 100 people.............................................................................$50.00 0 Small event— Edmonds -based NP entity.....................................................................$25.00 a Major event /more than 100 people........................................................................$125.00 y Major event — Edmonds -based NP entityw a Packet Pg. 271 1 3.3.c RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A REVISED FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FEES AND CHARGES FOR SERVICES. WHEREAS, ECDC 15.00.020 provides for the establishment and amendment of certain fees charged by the city by resolution; and WHEREAS, city staff has analyzed the full costs associated with city permitting and service activities; and WHEREAS, the city council has previously established and affirms as its goal that permit fees shall be set to cover the costs of processing and issuing permits and requests for service; and WHEREAS, the city council adopted Resolution 1515 on February 21, 2023, which adopted a schedule of fees to be charged in relation to development activity; and WHEREAS, this resolution is intended to replace Resolution 1515; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The fees and charges for services set forth in the schedule attached as Exhibit A to this Resolution, which is incorporated herein by this reference, are hereby adopted, along with the referenced tables, which are also included therein, and shall be effective on April 1, 2024. Section 2. If any section, sentence, clause or phrase of this resolution or any fee or charge for service adopted or amended hereby should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase, or any fee or charge adopted or amended hereby. Section 3. Resolution 1515 shall have no further effect as of April 1, 2024 as the fees adopted by Resolution 1515 are being replaced by the fees adopted herein. RESOLVED this day of March, 2024. CITY OF EDMONDS Packet Pg. 272 3.3.c MAYOR, MIKE ROSEN ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 273 3.4 City Council Agenda Item Meeting Date: 03/12/2024 Presentation of Professional Services Agreement for Design Engineering Services with DEA for Phase 12 & 13 Sewerline Replacement and Rehabilitation Projects Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to the consent agenda for approval. Narrative The City issued a Request for Qualifications (RFQ) in November 2023 to hire a consultant to provide engineering services for the Phase 12 (2025) and 13 (2026) Sewerline Replacement and Rehabilitation Projects. The City received statements of qualifications from five engineering firms and the selection committee selected DEA based on their qualifications and experience. The consultant will review and evaluate all sites planned to be completed as part of the Phase 12 and 13 Projects. Recommendations will be provided for the most effective repair method/solution for each site Preliminary engineering and construction estimates will be used to determine which sites will be completed as part of the Phase 12 and Phase 13 projects. This work is anticipated to be completed by fall 2024. The scope of work and fees to finish the design for each phase will be submitted separately to the City Council for review and approval. The City has negotiated a consultant fee of $237,624 that includes a management reserve of $21,541 for this agreement. This cost will be funded by the Sewer Utility Fund. In total, the Phase 12 & 13 Sewerline Replacement Projects will rehabilitate/replace approximately 9,000 linear feet of existing sewermain and associated appurtenances at various locations within the City. In addition, 36 separate sewer laterals will be included due to significant and constant root intrusion issues. The selection of sites was determined using data supplied in the 2013 Comprehensive Sewer System Plan, coordination with upcoming street, water, and storm drain projects, and input from Public Works Operations. The Phase 12 and 13 projects will focus on lining pipe segments and replacement/rehabilitation of pipes that Public Works Operations frequently maintains to prevent sewer Packet Pg. 274 3.4 backups and overflows. Attachments: Attachment 1 - Agreement Attachment 2 - Project Sites Packet Pg. 275 3.4.a 0F EDV MIKE ROSEN a CITY OF EDMONDS MAYOR 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 WWW.EDMONDSWA.GOV n PUBLIC WORKS DEPARTMENT I 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 David Evans and Associates, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Phase 12 and Phase 13 Sewer Replacement and Rehabilitation Projects; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of TWO HUNDRED THIRTY-SEVEN THOUSAND SIX HUNDRED TWENTY-FOUR DOLLARS ($237,624). 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. 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. E24GA.DEA PSA I Packet Pg. 276 3.4.a 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. D. Reuse or modification of any Consultant -prepared materials without the written consent of the Consultant shall be at the City's sole risk. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. The Consultant's services must at all times and in all events be governed by the exercise of sound professional practices. 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 negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the 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. E24GA.DEA PSA 2 Packet Pg. 277 3.4.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 Coveraize 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) per claim/aggregate. 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, which may be redacted by the Consultant or the Consultant's insurers' discretion to protect confidential or proprietary elements of the policies. 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, and subject to the Standard of Care. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property E24GA.DEA PSA 3 Packet Pg. 278 3.4.a located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other parry 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 perform the work in a manner consistent with the degree of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar circumstances in the same locality. 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 E24GA.DEA PSA 4 Packet Pg. 279 3.4.a individuals, and any other applicable standards or criteria as described in the Agreement. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400 Bellevue, WA 98007 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2024. DAVID EVANS AND ASSOCIATES, INC. Rodney Langer, Senior Associate E24GA.DEA PSA Packet Pg. 280 3.4.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2024, 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: E24GA.DEA PSA 6 Packet Pg. 281 3.4.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. 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. 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. E24GA.DEA PSA 7 Packet Pg. 282 3.4.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. 283 EXHIBIT A 3.4.a SCOPE OF WORK AND SCHEDULE Phase 12 and 13 Sewer Replacement and Rehabilitation — Assessment, Design, Bidding, and Construction Engineering Services City of Edmonds February 23, 2024 This scope of work is the first of three contracts anticipated for this project as described below: • Phase 12 and 13 Assessment and 30% Design (this scope) • Phase 12 Final Design, Bidding, and Construction Support • Phase 13 Final Design, Bidding, and Construction Support This first scope of work (Phase 12 and 13 Assessment and 30% Design) describes the assessment and 30% design engineering services to be provided in support of the proposed replacement and rehabilitation of select sewer segments throughout the City of Edmonds sewer collection system. The overall project will focus primarily on the trenchless rehabilitation of sewer mains with open cut replacement as necessary. The primary goal of this project is to address the identified structural and hydraulic capacity deficiencies that result in service and maintenance problems for the City. The anticipated work elements are approximately 38 sewer mains totaling approximately 924 feet of 6-inch, approximately 6,973 feet of 8-inch, approximately 622 feet of 10-inch, approximately 334 feet of 12-inch, and approximately 193 feet of 18-inch pipe as well as 36 individual side sewer tees/lateral sites. Almost all the select pipe segments are isolated (one segment per site) with the remainder having two segments per site, which results in a total of 71 sites for the proposed work. DEA understands that the City continuously evaluates its collection system and that the preliminary information used to prepare this estimate may be supplemented by new information for pipes with a higher priority for rehabilitation and repair via the use of the Management Reserve. DEA understands that although priorities may change, the goal is to design this work over two phases (12 and 13) in 2025 and 2026 on approximately the number of repairs identified, presuming similar site constraints and design considerations. The assessment and 30% design activities include site visits as well as the review of CCTV video inspection records and easement, as -built, and GIS information. The site visits and information review will be used to determine the type of repair(s) suitable to address the existing deficiencies at each of the different sites. DEA will also request from the respective purveyor maps showing the location of all franchise and City -owned utilities (water, sewer, storm, gas, power, communications, internet, fiber, TV, etc) and prepare preliminary base maps from that information. DEA will add repair recommendations and phasing to both the master information spreadsheet and the 30% design plans and send them to the City for review and approval. PAC\C0ED00001713\0100PM\Phase 12 & 13 (2025-26) Sanitary Sewer Replacement and Rehabilitation Projects\COEDOOOOXXXX-Ph 12 & 13 Sewer Replacement and Rehab -Scope of Work.docx 1 Packet Pg. 284 3.4.a Once the recommendations have been reviewed and approved by the City, a separate scope of work will be prepared for the final design, bidding, and construction support of Phase 12. SCOPE OF WORK The scope of engineering services is as follows: 1. Project Management 1.1. Planning, scoping, and coordination 1.2. Monitoring and control 1.2.1. Submit monthly invoices with status reports if requested. The status report shall summarize activities completed for each task during the billing period and anticipated deliverables for the next month. The Consultant shall also summarize problems encountered and actions taken for their resolution, potential future delays, and issues requiring City direction. Any element that may impact the schedule and design fee shall be included in the report. 1.3. Closeout 2. Assessment 2.1. Existing information 2.1.1. Review easements, as-builts, and GIS sewer data 2.1.2. Review CCTV video inspection logs and videos 2.2. Site visits 2.2.1. Review of site information and available City sewer easements, generally confirm space available for access and construction staging 2.3. Preliminary construction cost estimates 2.3.1. For each site and for Phase 12 and 13 2.4. Master information and recommendation spreadsheet 2.4.1. QAQC of the spreadsheet before delivery to City 3. 30% Design 3.1. Base maps (71 sheets estimated) 3.1.1. Using City GIS layers and aerials 3.1.2. QAQC of the base maps 3.2. Franchise utility map requests 3.2.1. Add water, sewer, storm, gas, power, communications, internet, fiber, TV, etc. to base maps 3.3. 30% design plans 3.3.1. Design and phasing recommendations added to each sheet 4. Management Reserve 4.1. Tasks not included in the scope may be authorized in writing by the City Project Manager on a time and expense basis P:\C\COED00001713\0100PM\Phase 12 & 13 (2025-26) Sanitary Sewer Replacement and Rehabilitation Projects\COEDOOOOXXXX-Ph 12 & 13 Sewer Replacement and Rehab -Scope of Work.docx 2 Packet Pg. 285 3.4.a The City shall complete the corresponding work for this project as follows: • Provide available record drawings and sewer easements • Provide GIS data • Provide access to videos SCHEDULE Presuming approval by the City in late March 2024, the following is the proposed schedule. Task 2024 April May June July Aug Sept Oct Assessment Pre -Design Summary Memo City review PAC\C0ED00001713\0100PM\Phase 12 & 13 (2025-26) Sanitary Sewer Replacement and Rehabilitation Projects\COEDOOOOXXXX-Ph 12 & 13 Sewer Replacement and Rehab -Scope of Work.docx 3 Packet Pg. 286 EXHIBIT B 3.4.a David Evans and Associates, Inc. Project Fee Estimate Phase 12 and 13 Sewer Replacement and Rehabilitation - Phase 12 and 13 Assessment and Pre -Design CITY OF EDMONDS Project Number Date Prepared By COEDOOOOXXXX 2/23/2024 CFCH Estimated DEA Labor - Civil Engineering Services Task/Subtask �� Personnel Positions and Approximate Hourly Billing Rates DEA Labor Total - w/ Expenses and Subs. QA/QC Project Manager Project Engineer Designer CAD/GIS Technician Survey Manager 2 Person Survey Crew Administration Assistant Total Hours Total Estimated Fee $245.00 $220.00 $208.00 $145.00 $135.00 $225.00 $145.00 $115.00 1 Project Management 41 $8,125 $8,125 1.1 Planning, scoping, and coordination 2 7 9 $2,030 1.2 Monitoring and control 21 7 28 $5,425 1.3 Closeout 2 2 4 $670 2 Assessment 40 605 $116,733 $117,403 2.1 Existing information 110 142 292 $53,790 2.2 Site visits 71 71 142 $30,388 2.3 Preliminary construction cost estimate 40 71 111 $19,095 2.4 Master information and recommendation spreadsheet 20 20 20 60 $13,460 3 30% Design 558 $90,555 $90,555 3.1 Base maps (71 sheets) 20 71 71 284 446 $69,155 3.2 Franchise utility map requests 8 24 32 $5,240 3.3 30% design plans 20 20 20 20 80 $16,160 4 Management Reserve 0 $21,541 $21,541 Total 621 3701 1111 3081 3041 401 01 91 1204 1 $236,954 1 $237,624 Estimated Direct Expenses Mileage & Other Expenses $670 Subconsultants $0 Total Expenses $670 Notes and Assumptions: (1) See detailed Scope of Work dated 2/23/24. Project Fee Estimate Summary and Total Total Estimated Labor $236,954 Total Estimated Expenses $670 Total Fee Estimate $237,624 (2) All hours and expenses are estimated, and may be increased or decreased within the total budget limit by DEA's project manager as approved by the City. The DEA project manager may transfer budget fror estimated expenses to labor and vice versa, as the City deems appropriate. Work will be billed on a time and expense basis, subject to the limit of the not -to -exceed Total Fee Estimate value. (3) Client shall be responsible for direct payment of all permit, agency review, advertisement, service or other project expenses not expressly included in the Project Fee Estimate and/or Scope of Work. Packet Pg. 287 David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400, Bellevue, WA 98007 425.519.6500 www.deainc.com •le Phase 12 & 13 (2025 & 2026) Sewer Replacement Project Sites Phase 12 & 13 Sewer (Cured in Place Pipe) ■ Phase 12 & 13 Sewer (Lateral Spot Repairs) ■ ■ 1 ■ Packet Pg. 288 3.5 City Council Agenda Item Meeting Date: 03/12/2024 Amendment for On -Call Stormwater Review Services Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On February 28, 2023, City Council approved on -call stormwater review services and authorized staff to advertise a request for qualifications. Staff Recommendation Forward item to the consent agenda for approval. Narrative In February 2023, the City Council approved the use of on -call professional services for stormwater drainage review of private development permits to allow the City's stormwater Engineer to focus on the update of the City's Storm and Surface Water Comprehensive Plan. In early February, the City's Stormwater Engineer retired and the position is now vacant. There is an on- going recruitment to fill the vacancy, but it has been a difficult position to fill in the past, due to the specialized stormwater engineering experience and knowledge needed for the position. Staff must rely on the on -call services agreement to complete all stormwater drainage reviews for private development projects. The preliminary budget estimate for on -call stormwater drainage review services for the remaining duration of 2024 is $120,000. This estimate covers the period from March/April 2024 to the end of the year. The actual amount will depend on how much private development and permit activity occurs in 2024. The cost related to the on -call services will be reimbursed by permit applicants as part of their plan and permit review fees. Attachments: Attachment 1 - Amendment Packet Pg. 289 3.5.a CITY OF EDMONDS MIKE 1215T"AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 WWW.EDMONDSWA.GOV ROSEN MAYOR PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, a Washington municipal corporation, hereinafter referred to as the "City," and Atwell, LLC, hereinafter referred to as the "Consultant," entered into an underlying agreement for On -Call Stormwater Review Services, dated August 15, 2023 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement provides that changes thereto must be documented by a written amendment executed by both parties; and WHEREAS, the parties have determined that it is necessary to increase the amount of the Underlying Agreement to allow the Consultant to complete the work provided for therein and to update the fee schedule with the Consultant's 2024 rates; NOW THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of August 15, 2023 between the parties, incorporated by this reference as fully as if herein set forth, is hereby amended in, but only in, the following respects: 1.1 The $80,000 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $120,000 for the original scope of work identified in Exhibit A to the Underlying Agreement. As a result of this Amendment No. 1, the total contract amount of the Underlying Agreement is hereby increased to a new total not -to -exceed amount of $200,000 ($80,000 plus $120,000). 1.2 Exhibit B to the Underlying Agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this Amendment No. 1, which provides the Consultant's 2024 rates and is incorporated by this reference as fully as if herein set forth. Packet Pg. 290 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth in this Amendment No. 1 but only as set forth herein. DONE this day of 2024. CITY OF EDMONDS ATWELL, LLC Mike Rosen, Mayor Robert Dahn, Senior Project Manager ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2 Packet Pg. 291 3.5.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of 2024, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert Dahn to me known to be the Senior Project Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 292 Exhibit B 3.5.a f'%ATWELL 2024 PROFESSIONAL SERVICES FEE S HEDULE REAL ESTATE & LAND DEVELOPMENT PROJECT MANAGEMENT SERVICES Senior Project Manager $255/hour Project Manager 1-III $212 to $240/hour Associate Project Manage 1-11 $178 to $195/hour Project Coordinator 1-III $105 to $137/hour ENGINEERING & PLANNING SERVICES Senior Technical Advisor $325/hour Senior Project Enginee $223/hour Engineer/Designer I-V $141 to $212/hour Planner/Designe I-V $141 to $212/hour Technician I-V $65 to $126/hour SURVEYING & MAPPING SERVICES Senior Project Surveyo $223/hour Project Survey r I-V $141 to $212/hour Senior Crew Chief $164/hour Crew Chief 1-III $109 to $146/hour Crew Member 1-11 $80 to $95/hour Certified sUAS Pilot $190/hour Technician I-V $65 to $126/hour GIS Services $113 to $170/hour ENVIRONMENTAL & ECOLOGICAL SERVICES Senior Envir nmental/Ecological Consultant $223/hour Environmental C nsultant 1-V $141 to $212/hour Technician I-V $65 to $126/hour PROGRAM MANAGEMENT & CONSTRUCTION ADVISORY SERVICES Program Manager 1-11 $270 to $282/hour Senior Construction Manager $225/hour Constructi n Manager 1-11 $195 to $212/hour Constructi n Engineer 1-11 $138 to $175/hour Constructi n Coordinat r $128/hour Estimating Services $178 to $212/hour Safety Co rdinat r $142/hour MISCELLANEOUS Project C ntrolle Se vices $102 to $124/hour Project Executive $325/hour Expert Witness $250/hour Expert Testimony $325/hour In addition to the labor rates shown above, reimbursable expenses shall be charged in acc rdance with the attached rate schedule. ATWELL, LLC Professional Services I Real Estate & Land Development 2024 Fee Schedule Page 1 of 2 Packet Pg. 293 3.5.a f'%ATWELL 2024 PROFESSIONAL SERVICES NON -LABOR CHARGES REAL ESTATE & LAND DEVELOPMENT OFFICE 24" X 36" bond black and white plots/copies $2.50/each 24" X 36" bond black and white mylars $15/each 24" X 36" color imagery plots/copies $26/each 24" X 36" standard color plots/copies $15/each 8.5" X 11" black and white plots/copies $0.25/each 8.5" X 11" color plots/copies $1.50/each 11" X 17" black and white plots/copies $0.75/each 11" X 17" color plots/copies $3.00/each County GIS Data cost + 10% Postage & Shipping cost + 10% Recording Fees cost + 10% FIELD EQUIPMENT Laser Scanner $650/day Photoionization Detector (PID) $115/day 4-Gas Monitor w/ Remote Sensor $85/day UTV + Trailer $100/day Boat $300 to $600/day Unmanned Aircraft System (UAS) Drone (Camera) $175/day Unmanned Aircraft System (UAS) Drone (LIDAR) $1,750/day FIELD MATERIALS Wood Stakes $1.25/stake Iron Pipes $3.50/pipe Monuments cost + 10% MISCELLANEOUS Mileage IRS Rate Auto Rental cost + 10% Fuel cost + 10% Air Fare cost + 10% Lodging* cost + 10% Meals* cost + 10% Project Sub -consultants cost + 15% Misc./Out of Pocket Expenses** cost + 10% Rental Equipment cost + 15% Parcel Data $0.75/parcel Technology Fee/Specialized Software by Industry $50 to $200/day *Travel costs as noted, unless otherwise agreed to as a per diem charge per contract. **All permit, application, and submittal fees shall be paid directly by the client. ATWELL, LLC Professional Services I Real Estate & Land Development 2024 Fee Schedule Page 2 of 2 Packet Pg. 294 3.6 City Council Agenda Item Meeting Date: 03/12/2024 Planning Study for Edmonds Marsh and Estuary Restoration Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Rob English Background/History In partnership with a citizen volunteer group, the City applied for a National Fish and Wildlife Foundation Grant to support the planning process for the eventual restoration of the Edmonds Marsh. The scope of the work includes completing a gap analysis of the existing data, listing restoration alternatives, potential impact of exposing contaminated soil to surface water, listing the permits and approvals required for restoration, evaluating project land purchase and restoration funding options, identifying a process that defines community goals for the marsh and producing a scoping document that lists the tasks required to complete the restoration plan. Staff Recommendation Staff Recommends this item be placed on the March 19th consent agenda for approval with the following actions: 1. Authorize the Mayor to sign the grant agreement (attachment 1) with National Fish and Wildlife Foundation Grant. 2. Authorize budget authority for staff to expend time and professional services beginning in March 2024 to work on the study. The matching funds for the grant will be provided by the March restoration and preservation fund. A second quarter budget amendment will be submitted to program the grant funding, local match, and expenditures in the stormwater utility fund. 3. Authorize the advertisement of a Request for Qualifications in accordance with the City's Purchasing Policy to select a consultant to complete the study. Refer to attachment 2 for the scope of work. Project Abstract Proposed restoration planning tasks include assembling and identifying gaps in the existing data, listing restoration alternatives, assessing the potential impact of exposing contaminated soil to surface water, listing the permits and approvals required for restoration, evaluating project land purchase and restoration funding options, identifying a process that defines community goals for the marsh, and producing a scoping document that lists the tasks required to complete a restoration plan. Packet Pg. 295 3.6 Updated hydrologic and hydraulic modeling will assess the effect of recreating the estuary on flood levels in the marsh, estuary and developed portions of the City under increasingly intense storms and rising sea level. Previous modeling did not address complete removal of fill from the original wetland area of the Unocal property. The City of Edmonds owns the 22 acre marsh and Marina Beach Park. The City has a first right of refusal to purchase the adjacent 22 acre Unocal property for the purpose of excavating the site and restoring the estuary for the marsh through Marina Beach Park. The Unocal property is contaminated and undergoing clean-up under the direction of the Department of Ecology. There are certain risks due to potential remaining contamination. <Type or insert text here> Attachments: Attachment 1 - Agreement Attachment 2 - Scope of work Packet Pg. 296 3.6.a 1. NFWF PROPOSAL ID: 2. NFWF GRANT ID: NATIONAL FISH AND WILDLIFE 79945 0318.24.079945 FOUNDATION 3. UNIQUE ENTITY IDENTIFIER 4. INDIRECT COST RATE bH 4NOY GRANT AGREEMENT (UEI) (REFERENCE LINE 17 for RATE NFIAQNT457R7 TERMS) N/A S. SUBRECIPIENT TYPE 6. NFWF SUBRECIPIENT State or Local Government City of Edmonds 7. NFWF SUBRECIPIENT CONTACT 8. NFWF GRANTS ADMINISTRATOR/NFWF CONTACT INFORMATION Oscar Antillon Graeme Logan City of Edmonds National Fish and Wildlife Foundation 1215th Ave N 1133 15t" Street, N.W. Suite 1000 Edmonds, WA 98020 Washington, D.C. 20005 Tel: (425) 771-0235 Tel:202-857-0166 Oscar.Antillon@Edmondswa.gov Fax: 202-857-0162 graeme.logan@nfwf.org 9. PROJECT TITLE Building Capacity for Edmonds Marsh and Estuary Restoration (WA) 10. PROJECT DESCRIPTION Collect and evaluate existing data, develop a planning process, assess the impact of contaminated soil exposure, and update hydrologic and hydraulic models to assess the effect of restoration on flood levels in the marsh, estuary, and developed portions of the City of Edmonds. Project will support the planning process for the restoration of the Edmonds Marsh, adding rare estuary and juvenile salmon habitat to Puget Sound and reducing flood risks to the city. 11. PERIOD OF PERFORMANCE 12. TOTAL AWARD TO 13. TOTAL FED. 14. TOTAL NON -FED. June 1, 2023 to December 20, 2024 SUBRECIPIENT FUNDS FUNDS $135,000 $35,000 $100,000 15. FEDERAL MATCH REQUIREMENT 16. NON-FEDERAL MATCH REQUIREMENT N/A $91,000 17. SUBRECIPIENT INDIRECT COST RATE TERMS The rate specified in Line 4 reflects that the Subrecipient has elected not to claim an indirect cost rate and that this election shall apply throughout the project's period of performance. 18. TABLE OF CONTENTS SEC. DESCRIPTION 1 NFWF Agreement Administration 2 NFWF Agreement Clauses 3 Representations, Certifications, Obligations, and Other Statements — General 4 Representations, Certifications, and Other Statements Relating to Federal Funds- General 5 Representations, Certifications, and Other Statements Relating to Federal Funds — Funding Source Specific 6 Other Representations, Certifications, Statements and Clauses Page 1 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 0 w co L 0 N d cU 3 w cU s L CU c 0 E w L 0 3 CD c c ca a m E 0 d L CM El Packet Pg. 297 3.6.a 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL A. FUNDING SOURCE B. NFWF FS C. FS AWARD D. FAIN E. TOT FED. AWARD F. TOT OBLG. G. FS END H. CFDA (FS) ID DATE TO NFWF TO NFWF TO DATE SUBRECIPIENT National Oceanic FC.R562 08/23/2023 NA23NOS4730219 $96,790,126.00 $29,200.84 05/30/2028 11.473 And Atmospheric Administration National Oceanic FC.R537 07/21/2022 NA22NOS4730208 $96,820,677.00 $5,799.16 05/31/2027 11.473 And Atmospheric Administration Salesforce TR.A425 N/A N/A N/A $100,000 12/31/2024 N/A 20. NOTICE OF AWARD The National Fish and Wildlife Foundation (NFWF) agrees to provide the NFWF Award to the NFWF Subrecipient for the purpose of satisfactorily performing the Project described in a full proposal as identified on line 1 and incorporated into this Agreement by reference. The NFWF Award is provided on the condition that the NFWF Subrecip agrees that it will raise and spend at least the amount listed on lines 15 and 16 in matching contributions on the Project, as applicable. The Project must be completed, with 1 NFWF funds and matching contributions spent, during the Period of Performance as set forth above. All items designated on the Cover Page and the Table of Contents are incorporated into this Agreement by reference herein. NFWF Subrecipient agrees to abide by all statutory or regulatory requirements, or obligations otherwise required by I Subrecipient is obligated to notify NFWF if any of the information on the Cover Page changes in any way, whether material or immaterial. A. NAME AND TITLE OF AUTHORIZED SUBRECIPIENT SIGNER (Type or Print) D. NAME AND TITLE OF NFWF AWARDING OFFICIAL Holly A. Bamford, PhD, Chief Conservation Officer B. SUBRECIPIENT C. DATE E. NATIONAL FISH AND WILDLIFE FOUNDATION F. DATE BY BY NFWF prohibits discrimination in all its programs and activities on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, personal appearance, citizen status, disability, se orientation, gender identity or expression, pregnancy, child birth or related medical conditions, family responsibilities, matriculation, genetic information, political or union affiliation, veteran status a other status protected by applicable law ("Protected Categories"). In addition, NFWF prohibits retaliation against an individual who opposes an unlawful educational practice or policy or files a chat testifies or participates in any complaint under Title V1. NFWF complies with all applicable federal, state and local laws in its commitment to being an equal opportunity provider and employer, accordingly, it is NFWF's policy to administer all employment actions, including but not limited to, recruiting, hiring, training, promoting, and payment of wages, without regard to any Protected Cotegory(ies). See Reporting Schedule on the following page. Page 2 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 298 3.6.a 21. REPORTING DUE DATES/SUBRECIPIENT REPORTING SCHEDULE Reporting Task Task Due Date Annual Financial Report June 1, 2024 Interim Programmatic Report June 1, 2024 Interim Financial Report June 1, 2024 Interim Financial Report December 1. 2024 Final Financial Report March 20, 2025 Final Programmatic Report March 20, 2025 Page 3 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 299 3.6.a SECTION 1 NFWF AGREEMENT ADMINISTRATION 1.1. Amendments. During the life of the Project, the NFWF Subrecipient is required to immediately inform in writing the NFWF Grants Administrator of any changes in contact information, Key Personnel, scope of work, indirect cost rate, as well as any difficulties in completing the performance goals articulated in the Project description. NFWF Subrecipients must request an amendment from NFWF upon determination of a deviation from the original Grant Agreement as soon as such deviation is detected. NFWF reserves the right to approve, deny and/or negotiate any such request. Alternatively, NFWF may initiate an amendment if NFWF determines an amendment is necessary at any time. Amendment requests are to be submitted via NFWF's grants management system. 1.1.1. Budget Amendment Request. If the NFWF Subrecipient determines that: 1) the amount of the budget is going to change in any one direct cost category by an amount that exceeds 10% of the Award, or 2) there is a need to increase indirect costs, the NFWF Subrecipient must seek prior written approval via an amendment request in NFWF's grants management system. 1.1.2. Extension of Performance Period. If additional time is needed to complete the approved Project, the NFWF Subrecipient should contact the NFWF Grants Administrator at least 45 calendar days prior to the project period expiration date to initiate the no -cost extension request process in NFWF's grants management system. In addition, if there are overdue reports required, the NFWF Subrecipient must ensure that they are submitted along with or prior to submitting the no - cost extension request. 1.2. Matching Contributions. Matching Contributions consist of cash, contributed goods and services, volunteer hours, and/or property raised and spent for the Project. Matching Contributions for the purposes of this Project must meet the following criteria: (1) Are verifiable from the NFWF Subrecipient's records; (2) Are not included as contributions for any other federal award; (3) Are necessary and reasonable for the accomplishment of project or program objectives; (4) Are allowable under OMB Cost Principles; (5) Are not paid by the U.S. Government under another federal award except where the federal statute authorizing a program specifically provides that federal funds made available for such program can be applied to matching or cost sharing requirements of other federal programs when authorized by federal statute; (6) Are provided for in the approved budget when required by the federal awarding agency; (7) Are committed directly to the project and must be used within the period of performance as identified in this Agreement; (8) Otherwise conform to the law; and, (9) Are in compliance with the requirements of Section 3.3 of this Agreement concerning Compliance with Laws. Page 4 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 300 3.6.a 1.2.1. Documentation and Reporting of Matching Contributions. The NFWF Subrecipient must retain supporting documentation, including detailed time records for contributed services, original receipts, appraisals of real property, and comparable rentals for other contributed property, at its place of business in the event of an audit of the NFWF Subrecipient as required by applicable federal regulations. The NFWF Subrecipient must report match progress in Payment Requests and Financial Reports. 1.2.2. Assessing Fair Market Value. Fair market value of donated goods, services and property, including volunteer hours, shall be computed as outlined in §200.306 of 2 CFR Subtitle A, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (hereinafter "OMB Uniform Guidance"), regardless of whether this Agreement is federally funded. 1.3. Payment of Funds. To be eligible to receive funds, NFWF Subrecipient must submit to NFWF (1) an original executed copy of this Agreement for the Project; (2) any due financial and programmatic reports; and (3) a complete and accurate Payment Request via NFWF's grants management system. At any time, NFWF reserves the right to require submission of source documentation, including but not limited to timesheets, cash receipts, contracts or subaward agreements, for any costs where the NFWF Subrecipient is seeking reimbursement by NFWF. NFWF reserves the right to retain up to ten percent (10%) of funds until submission and acceptance of final reports. 1.3.1. Reimbursements. NFWF Subrecipient may request funds on a reimbursable basis. Reimbursement requests must include expenditures to date and an explanation of any variance from the approved budget. 1.3.2. Advances. NFWF Subrecipient may request advance payment of funds prior to expenditure provided that the NFWF Subrecipient: (1) demonstrates an immediate need for advance payment; (2) documents expenditure of advanced funds; 3) maintains written procedures that minimize the time elapsing between the transfer of funds and disbursement; and (4) has established appropriate financial management systems that meet the needs and standards for fund control and accountability. Approval of any advance payment of funds is made at the sole discretion of NFWF, based on an assessment of the NFWF Subrecipient's needs. 1.3.3. Interest. Any interest earned in any one year on funds advanced to the NFWF Subrecipient that exceeds $500 must be reported to NFWF, and the disposition of those funds negotiated with NFWF. Interest amounts up to $500 per year may be retained by the NFWF Subrecipient for administrative expense. Page 5 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 301 3.6.a 1.4. Reports. 1.4.1. Interim Programmatic Reports. The NFWF Subrecipient will submit interim programmatic reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, as may be amended at NFWF's sole discretion. The interim programmatic report shall consist of written statements of Project accomplishments and updated metric values since Project initiation, or since the last reporting period, and shall be submitted via NFWF's grants management system. NFWF may require specific formatting and/or additional information as appropriate. 1.4.2. Interim Financial Reports. The NFWF Subrecipient will submit interim financial reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, as may be amended at NFWF's sole discretion. The interim financial report shall consist of financial information detailing cumulative expenditures made under this Project since Project initiation and shall be uploaded via NFWF's grants management system. NFWF may require specific formatting and/or additional information as appropriate. 1.4.3. Annual Financial Report. The NFWF Subrecipient will submit annual financial reports to NFWF based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, as may be amended at NFWF's sole discretion. The NFWF Subrecipient must enter a justification when there is a difference between the amount disbursed by NFWF and the amount expended by the grantee. Failure to submit an annual financial report in a timely manner will delay payment of submitted payment requests. 1.4.4. Final Reports. Based on the reporting schedule in Line 21 of the Cover Sheet to this Agreement, the NFWF Subrecipient will submit (1) a Final Financial Report accounting for all Project funds received, Project expenditures, and budget variances (if any) compared to the approved budget; (2) a Final Programmatic Report summarizing and documenting the accomplishments and metric values achieved during the Period of Performance; (3) copies of any publications, press releases and other appropriate products resulting from the Project; and (4) photographs as described in Section 1.4.3.1 below. The final reports and digital photo files should be uploaded via NFWF's grants management system. Any requests for extensions of final report submission dates must be made in writing to the NFWF Grants Administrator and approved by NFWF in advance. NFWF may require specific formatting and/or additional information as appropriate. 1.4.4.1. Photographs. NFWF requests, as appropriate for the Project, a representative number of high - resolution (minimum 300 dpi) photographs depicting the Project (before -and -after images, images of species impacted, and/or images of staff/volunteers working on the Project). Photographs should be uploaded with the Final Programmatic Report via NFWF's grants management system as individual Jpg files. The Final Programmatic Report narrative should list each photograph, the date the photograph was taken, the location of the photographed image, caption, photo Page 6 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 302 3.6.a credit, and any other pertinent information (e.g., species, activity conducted)describing what the photograph is depicting. By uploading photographs to NFWF's grants management system the NFWF Subrecipient certifies that the photographs are unencumbered and that NFWF and Project Funders have a fully paid up non-exclusive, royalty -free, irrevocable, perpetual, worldwide license for posting of Final Reports and for any other purposes that NFWF or the Project Funder determines appropriate. 1.4.5. Significant Developments. The NFWF Subrecipient shall report on events that may occur between the scheduled performance reporting dates that have a significant impact on the Project. Such reporting shall be made as soon as the following conditions become known: 1.4.5.1. Problems, delays, or adverse conditions which will materially impair the ability to meet the Project objective, including but not limited to the objective itself, its schedule and/or the budget. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the matter; and/or, 1.4.5.2. Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or produce more or different beneficial results than originally planned. 1.5. Reports and Payment Requests. All reports, financial, programmatic, or otherwise, or payment requests under a federal award must be submitted by a representative of the NFWF Subrecipient who has the NFWF Subrecipient's full authority to render such reports and requests for payment and to provide required certifications as set forth in 2 CFR 200.415, as applicable. 1.6. Record Retention and Access. 1.6.1. Retention Requirements for Records. NFWF Subrecipient shall maintain all records connected with this Agreement for a period of at least three (3) years following the latest end date of the funding source(s) referenced above in line 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL or the close-out of all pending matters or audits related to this Agreement, whichever is later. As funding source end dates may be extended over time, the NFWF Subrecipient will be notified of the most up-to-date record retention requirements upon closure of this Award. If any litigation, claim, or audit is started (irrespective of the NFWF Subrecipient's involvement in such matter) before the expiration of the 3-year period, the records shall be retained until all litigation, claims or audit findings or pending matters involving the records have been resolved and final action taken. NFWF shall notify NFWF Subrecipient if any such litigation, claim or audit takes place or if funding source end dates) is extended so as to extend the retention period. Records for real property and equipment acquired with federal funds must be retained for at least three (3) years following disposition of such real property. For awards solely funded with funding sources with "N/A" listed as the end date, NFWF Subrecipient shall maintain all records connected with this Agreement Page 7 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 303 3.6.a for a period of at least three (3) years following the date of final payment or the Period of Performance end date, whichever is later. 1.6.2. Access to Records. NFWF or any of its authorized representatives shall have access to such records and financial statements upon request, as shall Inspectors General, the Comptroller General of the United States or any of their authorized representatives if the Funding Source or any funding entity (i.e., a secondary funding source) is a federal agency and/or any portion of the Project provided herein is paid with federal funds. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. Page 8 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 304 3.6.a SECTION 2 NFWF AGREEMENT CLAUSES 2.1. Restrictions on Use of Funds. The NFWF Subrecipient agrees that any funds provided by NFWF and all Matching Contributions will be expended only for the purposes and programs described in this Agreement. No funds provided by NFWF pursuant to this Agreement or Matching Contributions may be used to support litigation expenses, lobbying activities, or any other activities not authorized under this Agreement or otherwise unallowable under the Federal Cost Principles set forth in the OMB Uniform Guidance. 2.2. Assignment. The NFWF Subrecipient may not assign this Agreement, in whole or in part, to any other individual or other legal entity without the prior written approval of NFWF. 2.3. Subawards and Contracts. When making subawards or contracting, NFWF Subrecipient shall:(1) abide by all applicable granting and contracting procedures, including but not limited to those requirements of the OMB Uniform Guidance (2 C.F.R. Part 200); (2) ensure that all applicable federal, state and local requirements are properly flowed down to the subawardee or contractor, including but not limited to the applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200); and (3) ensure that such subaward or contracting complies with the requirements in Section 3.3 of this Agreement concerning Compliance with Laws. NFWF Subrecipient shall also include in any subaward or contract a similar provision to this, requiring the use of proper grant and contracting procedures and subsequent flow down of federal, state, and local requirements to lower -tiered subawardees and contractors. 2.4. Unexpended Funds. Any funds provided by NFWF and held by the NFWF Subrecipient and not expended at the end of the Period of Performance will be returned to NFWF within ninety (90) days after the end of the Period of Performance. 2.5. Publicity, Acknowledgment of Support, and Disclaimers. 2.5.1. Publicity. The NFWF Subrecipient gives NFWF the right and authority to publicize NFWF's financial support for this Agreement and the Project in press releases, publications, and other public communications. 2.5.2. Acknowledgment of Support. The NFWF Subrecipient agrees to: (1) give appropriate credit to NFWF and any Funding Sources identified in this Agreement for their financial support in any and all press releases, publications, annual reports, signage, video credits, dedications, and other public communications regarding this Agreement or any of the project deliverables associated with this Agreement, subject to any terms and conditions as may be stated in Section 5 and Section 6 of this Agreement; and (2) include the disclaimer provided at Section 2.5.4. Page 9 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 305 3.6.a 2.5.3. Logo Use. The NFWF Subrecipient must obtain prior NFWF approval for the use relating to this Award of the NFWF logo or the logo or marks of any Funding Source. 2.5.4. Disclaimers. Payments made to the NFWF Subrecipient under this Agreement do not by direct reference or by implication convey NFWF's endorsement nor the endorsement by any other entity that provides funds to the NFWF Subrecipient through this Agreement, including the U.S. Government, as applicable, for the Project. All information submitted for publication or other public releases of information regarding this Agreement shall carry the following disclaimer, which NFWF may revise at anytime at its sole discretion: For Projects funded in whole or part with federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S. Government or the National Fish and Wildlife Foundation and its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the U.S. Government, or the National Fish and Wildlife Foundation or its funding sources." For Projects not funded with federal funds: "The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions of the National Fish and Wildlife Foundation or its funding sources. Mention of trade names or commercial products does not constitute their endorsement by the National Fish and Wildlife Foundation or its funding sources." 2.6. Posting of Final Reports. The NFWF Subrecipient hereby acknowledges and consents for NFWF and any Funding Source identified in this Agreement to post its final programmatic reports and deliverables on their respective websites. In the event that the NFWF Subrecipient intends to claim that its final report contains material that does not have to be posted on such websites because it is protected from disclosure by statutory or regulatory provisions, the NFWF Subrecipient shall so notify NFWF and any Funding Source identified in this Agreement and clearly mark all such potentially protected materials as "PROTECTED," providing an accurate and complete citation to the statutory or regulatory source for such protection. 2.7. Website Links. The NFWF Subrecipient agrees to permit NFWF to post a link on any or all NFWF websites to any websites created by the NFWF Subrecipient in connection with the Project. 2.8. Evaluation. Throughout a program or business plan, NFWF engages in monitoring and evaluation to assess progress toward conservation goals and inform future decision -making. These efforts use both data collected by grantees as part of their NFWF grant as well as post -award project data collected by third -party entities commissioned to conduct a program evaluation. The NFWF Subrecipient agrees to cooperate with NFWF by providing timely responses to all reasonable requests for information Page 10 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 306 3.6.a to assist in evaluating the accomplishments of the Project period of five (5) years after the project end date. 2.9. Intellectual Property. Reports, materials, books, databases, monitoring data, maps and spatial data, audio/video, and other forms of intellectual property created using this grant may be copyrighted or otherwise legally protected by the NFWF Subrecipient or by the author. The NFWF Subrecipient agrees to provide to NFWF and any Funding Source identified in this Agreement a non-exclusive, royalty -free, irrevocable, perpetual, worldwide license to use, publish, copy and alter the NFWF Subrecipient's intellectual property created using this award for non-commercial purposes in any media — whether now known or later devised — including posting such intellectual property on NFWF's or Funding Source websites and featuring in publications. NFWF retains the right to use project metrics and spatial data submitted by the NFWF Subrecipient to estimate societal benefits that result and to report these results to funding partners on a case -by -case basis as determined by NFWF. These may include but are not limited to: habitat and species response, species connectivity, water quality, water quantity, risk of detrimental events (e.g., wildfire, floods), carbon accounting (e.g., sequestration, avoided emissions), environmental justice, and diversity, equity, and inclusion. 2.10. System for Award Management (SAM) Registration. The NFWF Subrecipient must maintain an active SAM registration at www.SAM.gov until the final financial report is submitted or final payment is received, whichever is later. If the NFWF Subrecipient's SAM registration expires during the required period, NFWF will suspend payment to the NFWF Subrecipient until the SAM registration is updated. 2.11. Arbitration. All claims, disputes, and other matters in question arising out of, or relating to this Agreement, its interpretation or breach, shall be decided through arbitration by a person or persons mutually acceptable to both NFWF and the NFWF Subrecipient. Notice of the demand for arbitration shall be made within a reasonable time, not to exceed three years, after the claim, dispute, or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final. The terms of this provision will survive termination of this Agreement. 2.12. Indemnity. The NFWF Subrecipient shall indemnify and hold harmless NFWF, any Funding Source identified in this Grant Agreement, their respective officers, directors, agents, and employees in respect of any and all claims, injuries, losses, diminution in value, damages, liabilities, whether or not currently due, and expenses including without limitation, settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions or liabilities arising from or in connection with the Project. The terms of this provision will survive termination of this Agreement. 2.13. Insurance. The NFWF Subrecipient agrees to obtain and maintain all appropriate and/or required insurance coverages against liability for injury to persons or property from any and all activities undertaken by the NFWF Subrecipient and associated with this Agreement in any way. NFWF reserves the right to require additional insurance limits and policies based on specific activities under this Agreement, that NFWF be named insured on all applicable insurance policies, and that the NFWF Subrecipient Page 11 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 307 3.6.a provide a certificate of insurance and/or copies of applicable insurance policies as requested by NFWF. The terms of this provision will survive termination of this Agreement. 2.14. Choice of Law/Jurisdiction. This Agreement shall be subject to and interpreted by the laws of the District of Columbia, without regard to choice of law principles. By entering into this Agreement, the NFWF Subrecipient agrees to submit to the exclusive jurisdiction of the courts of the District of Columbia. The terms of this provision will survive termination of this Agreement. 2.15. Stop Work. NFWF may, at any time, by written order to the NFWF Subrecipient, require the NFWF Subrecipient to stop all, or any part, of the work called for by this Agreement for a period of 90 days after the order is delivered to the NFWF Subrecipient. The order shall be specifically identified as a stop - work order issued under this section. Upon receipt of the order, the NFWF Subrecipient shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to this Agreement covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop -work order is delivered to the NFWF Subrecipient, or within any extension of that period to which the parties shall have agreed, NFWF shall either cancel the stop -work order or terminate the Agreement under section 2.16. 2.16. Termination. 2.16.1. Upon the occurrence of any of the following enumerated circumstances, NFWF may terminate this Agreement, or any portion thereunder, upon receipt by the NFWF Subrecipient of NFWF's written notice of termination, or as otherwise specified in the notice of termination: 2.16.1.1. the NFWF Subrecipient is adjudged or becomes bankrupt or insolvent, is unable to pay its debts as they become due, or makes an assignment for the benefit of its creditors; or, 2.16.1.2. the NFWF Subrecipient voluntarily or involuntarily undertakes to dissolve or wind up its affairs; or, 2.16.1.3. suspension or debarment by the Government of the NFWF Subrecipient; or, 2.16.1.4. any breach of the requirements set forth in Section 3.3 of this Agreement concerning Compliance with Laws; or, 2.16.1.5. NFWF learns that NFWF Subrecipient has an organizational conflict of interest, or any other conflict of interest, as determined in the sole discretion of NFWF, that NFWF believes, in its sole discretion, cannot be mitigated; or, 2.16.1.6. after written notice and a reasonable opportunity, the NFWF Subrecipient is unable to cure a perceived non-compliance with any material term (other than those enumerated at 2.16.1.1— 2.16.1.5) of this Agreement. The cure period shall be considered the timeframe specified by the Funding Source(s), if Page 12 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 308 3.6.a any, minus one (1) to five (5) days or as agreed upon by the Parties in writing, or if no time is specified by the Funding Source(s), ten (10) days or as otherwise agreed upon by the Parties. Within this time period the NFWF Subrecipient shall, as determined by NFWF, (a) satisfactorily demonstrate its compliance with the term(s) originally believed to be in non-compliance; or (b) NFWF, at its sole discretion, may determine that NFWF Subrecipient has satisfactorily demonstrated that reasonable progress has been made so as not to endanger performance under this Agreement; or, 2.16.1.7. if the Funding Source issues an early termination under the funding agreement(s) covering all or part of the Project at issue hereunder. 2.16.2. Either Party may terminate this Agreement by written notice to the other Party for any reason by providing thirty (30) days' prior written notice to the other Party. 2.16.3. In the event of termination of this Agreement prior to Project completion, the NFWF Subrecipient shall immediately (unless otherwise directed by NFWF in its notice if NFWF initiated the termination) undertake all reasonable steps to wind down the Project cooperatively with NFWF, including but not limited to the following: 2.16.3.1. Stop any portion of the Project's work that is incomplete (unless work to be completed and a different date for termination of work are specified in NFWF's notice). 2.16.3.2. Place no further work orders or enter into any further subawards or contracts for materials, services, or facilities, except as necessary to complete work as specified in NFWF's notice. 2.16.3.3. Terminate all pending Project work orders, subawards, and contracts for work that has not yet commenced. 2.16.3.4. With the prior written consent of NFWF, promptly take all other reasonable and feasible steps to minimize and/or mitigate any damages that may be caused by the failure to complete the Project, including but not limited to reasonable settlements of any outstanding claims arising out of termination of Project work orders, subawards, and contracts. NFWF will reimburse the NFWF Subrecipient for non -cancelable allowable costs incurred by the NFWF Subrecipient prior to termination that cannot be mitigated. However, the foregoing is subject to the complete reimbursement of such costs by the Funding Source; accordingly, any amounts ultimately not paid, or which are recouped by the Funding Source, are subject to recoupment by NFWF. 2.16.3.5. Deliver or make available to NFWF all data, drawings, specifications, reports, estimates, summaries, and such other information and material as may have been accumulated by the NFWF Subrecipient under this Agreement, whether completed or in progress. 2.16.3.6. Return to NFWF any unobligated portion of the Award. Page 13 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 309 3.6.a 2.17. Entire Agreement. These terms and conditions, including the Attachments hereto, constitute the entire agreement between the Parties relating to the Project described herein and supersede all previous communications, representations, or agreements, either oral or written, with respect to the subject matter hereof. No representations or statements of any kind made by any representative of a Party, which are not stated herein, shall be binding on said Party. 2.18. Severability. Each provision of this Agreement is distinct and severable from the others. If one or more provisions is or becomes invalid, unlawful, or unenforceable in whole or in part, the validity, lawfulness and enforceability of the remaining provisions (and of the same provision to the extent enforceable) will not be impaired, and the Parties agree to substitute a provision as similar to the offending provision as possible without its being invalid, unlawful or unenforceable. 2.19. Interpretation and Construction. 2.19.1. This Agreement shall be interpreted as a unified contractual document with the Sections and the Attachments having equal effect, except in the event of any inconsistency between them. In the event of a conflict between any portion of this Agreement and another portion of this Grant Agreement, first the Sections will apply in the following order of precedence: 5, 4, 3, 1, 2 and 6, and then any supplemental attachments. 2.19.2. The title designations of the provisions to this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement. 2.19.3. Every right or remedy conferred by this Agreement upon or reserved to the Parties shall be cumulative and shall be in addition to every right or remedy now or hereafter existing at law or in equity, and the pursuit of any right or remedy shall not be construed a selection. 2.19.4. The failure of NFWF to exercise any right or privilege granted hereunder or to insist upon the performance and/or compliance of any provision of this Agreement, a referenced contractual, statutory or regulatory term, or an Attachment hereto, shall not be construed as waiving any such right, privilege, or performance/compliance issue, and the same shall continue in full force and effect. 2.19.5. Notwithstanding any express statements regarding the continuation of an obligation beyond the expiration or termination of this Agreement, the rights and obligations of this Agreement, which by their nature extend beyond its expiration or termination, shall remain in full force and effect and shall bind the Parties and their legal representatives, successors, heirs, and assigns. Page 14 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 310 3.6.a SECTION 3 REPRESENTATIONS, CERTIFICATIONS, OBLIGATIONS AND OTHER STATEMENTS — GENERAL 3.1. Binding Obligation. By execution of this Agreement, NFWF Subrecipient represents and certifies that this Agreement has been duly executed by a representative of the NFWF Subrecipient with full authority to execute this Agreement and binds the NFWF Subrecipient to the terms hereof. After execution by the representative of the NFWF Subrecipient named on the signature page hereto, this Agreement represents the legal, valid, and binding obligation of the NFWF Subrecipient, enforceable against the NFWF Subrecipient in accordance with its terms. 3.2. Additional Support. In making this Award, NFWF assumes no obligation to provide further funding or support to the NFWF Subrecipient beyond the terms stated in this Agreement. 3.3. Compliance with Laws. 3.3.1. In General. By execution of this Agreement and through its continued performance hereunder, the NFWF Subrecipient represents, certifies and agrees that it is and shall continue to conduct all such activities in compliance with all applicable federal, state, and local laws, regulations, and ordinances and to secure all appropriate necessary public or private permits and consents. The terms of this provision will survive termination of this Agreement and must be flowed down to any and all contractors, subcontractors or subrecipients entered into by NFWF Subrecipient in the performance of this Agreement. 3.3.2. Compliance with Anti -Corruption Laws. The NFWF Subrecipient represents, certifies and agrees to ensure that no payments have been or will be made or received by the NFWF Subrecipient in connection with this Agreement in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. §dd-1 etseq.), or any other applicable anti -corruption laws or regulations (e.g., UK Bribery Act 2010) in the countries in which the NFWF Subrecipient performs under this Agreement. 3.3.3. Compliance with Anti -Terrorism Laws. The NFWF Subrecipient represents, certifies and agrees not to provide material support or resources directly or indirectly to, or knowingly permit any funds provided by NFWF pursuant to this Agreement or Matching Contributions to be transferred to, any individual, corporation or other entity that the NFWF Subrecipient knows, or has reason to know, commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed, attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to, the individuals and entities (1) on the master list of Specially Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury's Office of Foreign Assets Control, which list is available at www.treas.gov/offices/enforcement/ofacs (2) on the consolidated list of individuals and entities maintained by the "1267 Committee" of the United Nations Security Council at http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml; (3) on the consolidated Page 15 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 311 3.6.a list maintained by the U.S. Department of Commerce at http://export.gov/ecr/eg_main_023148.asp, or (4) on such other list as NFWF may identify from time to time. 3.3.4. Compliance with Additional Laws and Restrictions. The NFWF Subrecipient represents, certifies and agrees to ensure that its activities under this Agreement comply with all applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist financing, U.S. sanctions laws, U.S. export controls, restrictive trade practices, boycotts, and all other economic sanctions or trade restrictions promulgated from time to time by means of statute, executive order, regulation or as administered by the U.S. Department of State, the Office of Foreign Assets Control, U.S. Department of the Treasury, or the Bureau of Industry and Security, U.S. Department of Commerce. 3.4. Subrecipient Debarment and Suspensions. By and through NFWF Subrecipient's execution of this Agreement, NFWF Subrecipient warrants and represents its initial and continued compliance that it is not listed on the General Services Administration's, government -wide System for Award Management Exclusions (SAM Exclusions), in accordance with the OMB guidelines at 2 C.F.R Part 180 that implement E.O.s 12549 (3 C.F.R., 1986 Comp., p. 189) and 12689 (3 C.F.R., 1989 Comp., p. 235), "Debarment and Suspension." The NFWF Subrecipient further provides that it shall not enter into any subaward, contract or other agreement using funds provided by NFWF with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. The SAM Exclusions can be found at https://www.sam.gov/portal/public/SAM/. 3.5. Conflicts of Interest. By execution of this Agreement, NFWF Subrecipient acknowledges that it is prohibited from using any Project funds received under this Agreement in a manner which may give rise to an apparent or actual conflict of interest, including organizational conflicts of interest, on the part of the NFWF Subrecipient. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of NFWF Subrecipient may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. An organizational conflict of interest is defined as a relationship that because of relationships with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The NFWF Subrecipient represents and certifies that it has adopted a conflict of interest policy that, at a minimum, complies with the requirements of the OMB Uniform Guidance, and will comply with such policy in the use of any Project funds received under this Agreement. NFWF Subrecipient may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of NFWF Subrecipient. If NFWF Subrecipient becomes aware of any actual or potential conflict of interest or organizational conflict of interest, during the course of performance of this Agreement, NFWF Subrecipient will immediately notify NFWF in writing of such actual or potential conflict of interest, whether organizational or otherwise. Page 16 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 312 3.6.a SECTION 4 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS - GENERAL 4.1. If the Funding Source or any funding entity (i.e., a secondary funding source) is a federal agency and/or any portion of the Project provided herein is paid with federal funds, the NFWF Subrecipient must read and understand certain applicable federal regulations, including but not limited to, the following in Sections 4 and 5 of this Agreement as set forth herein. The NFWF Subrecipient will need to understand and comply with the OMB Uniform Guidance (including related Supplements as may be applicable to a specific federal funding source(s), and Appendices as may be applicable), in addition to other applicable federal regulations. This includes, but is not limited to, the provisions of the Federal Funding Accountability and Transparency Act (FFATA), which includes requirements on executive compensation, and also requirements implementing the Act for the non-federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and System for Award Management and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. The most recent version of the Electronic Code of Federal Regulations can be found at https://www.ecfr.gov/. 4.2. 2 CFR § 200 Subpart F Audits. It is the responsibility of the NFWF Subrecipient to arrange for audits as required by 2 CFR Part 200, Subpart F — Audit Requirements. The NFWF Subrecipient shall notify NFWF in writing about 2 CFR Subpart F audit findings related to projects funded by NFWF pass -through funds. The NFWF Subrecipient understands that NFWF may require the NFWF Subrecipient to take corrective action measures in response to a deficiency identified during an audit. 4.3. Real and Personal Property. In accordance with 2 C.F.R. § 200.316 (Property trust relationship), real property, equipment, and intangible property acquired or improved with federal funds must be held in trust by the NFWF Subrecipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. This trust relationship exists throughout the duration of the property's estimated useful life during which time the Federal Government retains an undivided, equitable reversionary interest in the property (Federal Interest). During the duration of the Federal Interest, the NFWF Subrecipient must comply with all use, reporting, and disposition requirements and restrictions as set forth in 2 C.F.R. §§ 200.310 (Insurance coverage) through 200.316 (Property trust relationship) and 200.329 (Reporting on real property), as applicable. 4.4. Mandatory Disclosure. NFWF Subrecipient must disclose, in a timely manner, in writing to NFWF all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Failure to make required disclosures can result in any of the remedies described in this Agreement, including termination, and any remedies provided under law, including suspension or debarment by cognizant federal authorities. 4.5. Trafficking in Persons. Pursuant to section 106(a) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g)) (codified at 2 C.F.R. Part 175), NFWF Subrecipient shall comply with the below provisions. Further, NFWF Subrecipient shall flow down these provisions in all subawards and contracts, Page 17 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 313 3.6.a including a requirement that Subrecipients similarly flow down these provisions in all lower -tiered subawards and subcontracts. The provision is cited herein: Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the federal awarding agency's pass -through entity may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),". b. Provision applicable to a recipient other than a private entity. We as the federal awarding agency's pass -through entity may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement),". c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and Page 18 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 314 3.6.a ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 4.6. 41 United States Code (U.S.C.) 4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection: (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts over the simplified acquisition threshold related to this award. 4.7. 41 USC §6306, Prohibition on Members of Congress Making Contracts with Federal Government. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public's general benefit. NFWF Subrecipient Page 19 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 315 3.6.a shall flow down this provision in all subawards and contracts, including a requirement that subrecipients similarly flow down this provision in all lower -tiered subawards and subcontracts. 4.8. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving. (Sub)Recipients are encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. NFWF Subrecipient shall flow down this provision in all subawards and contracts, including a requirement that subrecipients similarly flow down this provision in all lower -tiered subawards and subcontracts. 4.9. 43 CFR §18 New Restrictions on Lobbying. By execution of this Agreement, the NFWF Subrecipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, and certifies to the following statements: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the NFWF Subrecipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. (c) The NFWF Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification, as represented by execution of this Agreement, is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. All liability arising from an erroneous representation shall be borne solely by the entity filing that representation and shall not be shared by any entity to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31 of the U.S. Code. 4.10. Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal Confidentiality Agreements. Page 20 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 316 3.6.a The NFWF Subrecipient must not require their employees, subrecipients, or contractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The NFWF Subrecipient must notify their employees, subrecipients, or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect. 4.11. Drug -Free Workplace. The NFWF Subrecipient must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 41 USC Chapter 81 Drug -Free Workplace. 4.12. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. (Effective 8/13/2020) As required by 2 CFR 200.216, the NFWF Subrecipient is prohibited from obligating or expending funds awarded under this Agreement to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services from Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, and Dahua Technology Company, or any other company, including affiliates and subsidiaries, owned or controlled by the People's Republic of China, which are a substantial or essential component of any system, or as critical technology as part of any system. By and through the NFWF Subrecipient's execution of this Agreement, the NFWF Subrecipient warrants and represents that the NFWF Subrecipient will not obligate or expend funds awarded under this Agreement for "covered telecommunications equipment or services" (as this term is defined and this restriction is imposed under 2 CFR 200.216). 4.13. Domestic Preference for Procurements. a) Under this Agreement and in accordance with 2 C.F.R. § 200.322, the NFWF Subrecipient shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). b) For purposes of this agreement, the following definitions apply: i. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and ii. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Page 21 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 317 3.6.a SECTION 5 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO FEDERAL FUNDS - FUNDING SOURCE SPECIFIC NFWF Subrecipient acknowledges that when all or part of this Agreement is funded by a federal award that certain representations, certifications, and other statements relating to the use of such funds or performance of the Project may be necessary. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Agreement, the execution and submission of this Agreement serves as affirmative acknowledgement of an agreement with the below representations, certifications, and other statements. Further, should circumstances of the NFWF Subrecipient change during the performance of this Agreement that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the NFWF Subrecipient shall promptly notify NFWF of such change in circumstance. Finally, NFWF reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Agreement. FC. R562: Department of Commerce (DOC) Compliance Requirements. The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth in the Department of Commerce Financial Assistance Standard Terms and Conditions Dated November 12, 2020, available at https://www.commerce.gov/sites/defa u It/files/2020- 11/DOC%2OStandard%2OTerms%20and%2OConditions%20- %2012%20November%202020%20PDF_O.pdf. See 2 C.F.R. § 200.101(b)(1) (Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§200.331- 333 (Subrecipient monitoring and management). Additionally, the NFWF Subrecipient must flow these requirements down to all subrecipients and contractors, including lower tier subrecipients. Data Sharing Directive. The Data and Publication Sharing Directive for NOAA Grants, Cooperative Agreements, and Contracts ensures that environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion (typically within two years of collection), and that final manuscripts of peer -reviewed research papers are deposited with the NOAA Central Library (upon acceptance by the journal, or no later than at time of publication). Therefore, non -Federal entities, or recipients, must make data produced under financial assistance publicly accessible in accordance with the Data Management Plan included with the Proposal, unless the grant program grants a modification or an exemption. The text of the Directive is available at https://nosc.noaa.gov/EDMC/PD.DSP.php. a) Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement, or Contract must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet Page 22 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 318 3.6.a address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Failure to perform quality control does not constitute an excuse not to share data. Data without QC are considered "experimental products" and their dissemination must be accompanied by explicit limitations on their quality or by an indicated degree of uncertainty. b) Timeliness: Data accessibility must occur no later than publication of a peer -reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the grant (not including any extensions or follow-on funding), whichever is soonest, unless a delay has been authorized by the NOAA funding program. c) Disclaimer: Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy." d) Failure to Share Data: Failing or delaying to make environmental data accessible in accordance with the submitted Data Management Plan, unless authorized by the NOAA Program, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. Funding recipients are responsible for ensuring these conditions are also met by sub -recipients and subcontractors. e) Funding acknowledgement: Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers. In addition, funding sources shall be reported during the publication submission process using the Fund Ref mechanism (http://www.crossref.ora/fundref/) if supported by the Publisher. f) Manuscript submission: The final pre -publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at http://Iibrary.noaa.gov/repository after acceptance, and no later than upon publication, of the paper by a journal. NOAA will produce a publicly -visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record. g) Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOls). All data and derived products that are used to support the conclusions of a peer -reviewed publication must be made available in a form that permits verification and reproducibility of the results. Scientific Integrity. a) Maintaining Integrity. The NFWF Subrecipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or Page 23 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 319 3.6.a scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b) Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines. c) In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations regarding the violation of scientific integrity or scientific and research misconduct, the NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at https://nrc.noaa.gov/Scientificlntegrit)tCommons.aWx. d) Primary Responsibility. The NFWF Subrecipient shall have the primary responsibility to prevent, detect, and investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. e) By executing this grant, financial assistance award, or cooperative agreement the NFWF Subrecipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct. f) The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. If applicable, and pursuant to the Infrastructure Investment and Jobs Act ("IIJA"), Pub.L. No. 117- 58, which includes the Build American, Buy American (BABA) Act, Pub. L. No. 117-58, §§ 70901-52 and OMB M-22-11, recipients of an award of Federal financial assistance from the Department of Commerce (DOC) are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States —this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining Page 24 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 320 3.6.a the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. This requirement also applies to subrecipients. Waivers: When necessary, recipients may apply for, and DOC may grant, a waiver from these requirements. DOC will notify the recipient for information on the process for requesting a waiver from these requirements. When DOC has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which DOC determines that: a. applying the domestic content procurement preference would be inconsistent with the public interest; b. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or c. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. DOC will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at whitehouse.gov/omb/management/made-in-america. Definitions: "Construction materials" includes an article, material, or supply —other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives —that is or consists primarily of: non-ferrous metals; plastic and polymer -based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. -- Page 25 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 321 3.6.a 1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 2 IIJA, § 70917(c)(1). Implementation of Domestic Sourcing Requirements Prior to initiation of any construction that may arise in this award, the NFWF Subrecipient is required to inform NFWF whether it is using iron, steel, manufactured products, or construction materials as described in "Required Use of American Iron, Steel, Manufactured Products, and Construction Materials" above. In addition, the NFWF Subrecipient is required to inform the NFWF whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition. Equipment Reporting. Equipment or supplies (aggregate supplies, not per unit) at a cost of $5,000 or greater per unit value, including its fair market value, must be inventoried at least once every two years and at award closeout (2 CFR 200.313). NFWF Subrecipients may use the outdated SF-428 form series to report on tangible property or submit their own customized report including a description of federally owned equipment, identification information, acquisition cost, and acquisition date. More guidance on property definitions and forms is posted online at coast.noaa.gov/funding/forms.htm1. Field Work. The NFWF Subrecipient is required to follow recognized best practices for minimizing impacts to the human and natural environment when applicable and will provide for safety in their projects as needed, including addressing the safety of personnel, associates, visitors, and volunteers in their projects. In addition, any use of unoccupied aircraft systems in projects under this award must be in compliance with all applicable Federal Aviation Administration regulations, and any other applicable federal, state, or local regulations. Invasive Species Control. Pursuant to Executive Order # 13112, recipients of NOAA funding cannot implement any actions that are likely to cause or promote the introduction or spread of invasive species, and should provide for restoration of native species and habitat conditions in ecosystems that have been invaded. The NFWF Subrecipient is expected to take positive steps to prevent the introduction of invasive species, provide for control of invasive species, and minimize the economic, ecological, and human health impacts that invasive species cause. Where possible and/or practicable, the NFWF Subrecipient should also respond rapidly to and control populations of invasive species in an environmentally sound manner, promote public education on invasive species, and conduct post - construction monitoring to ensure that impacts on native species did not occur (as applicable). NOAA can provide additional guidance on the detection, control and prevention of invasive species impacts upon request. FC.R537: Department of Commerce (DOC) Compliance Requirements. The NFWF Subrecipient must comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth in the Department of Commerce Financial Assistance Page 26 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 322 3.6.a Standard Terms and Conditions Dated November 12, 2020, available at http://www.osec.doc.gov/oam/grants_management/policy/. See 2 C.F.R. § 200.101(b)(1) (Applicability), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§200.331-333 (Subrecipient monitoring and management). Additionally, the NFWF Subrecipient must flow these requirements down to all subrecipients and contractors, including lower tier subrecipients. Field Work. The NFWF Subrecipient is required to follow recognized best practices for minimizing impacts to the human and natural environment when applicable and will provide for safety in their projects as needed, including addressing the safety of personnel, associates, visitors, and volunteers in their projects. In addition, any use of unoccupied aircraft systems in projects under this award must be in compliance with all applicable Federal Aviation Administration regulations, and any other applicable federal, state, or local regulations. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. If applicable, and pursuant to the Infrastructure Investment and Jobs Act ("IIJA"), Pub.L. No. 117- 58, which includes the Build American, Buy American (BABA) Act, Pub. L. No. 117-58, §§ 70901-52 and OMB M-22-11, recipients of an award of Federal financial assistance from the Department of Commerce (DOC) are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States —this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States —this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. This requirement also applies to subrecipients. Waivers: When necessary, recipients may apply for, and DOC may grant, a waiver from these requirements. DOC will notify the recipient for information on the process for requesting a waiver Page 27 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 323 3.6.a from these requirements. When DOC has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which DOC determines that: a. applying the domestic content procurement preference would be inconsistent with the public interest; b. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or c. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. DOC will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at whitehouse.gov/omb/management/made-in-america. Definitions: "Construction materials" includes an article, material, or supply —other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives —that is or consists primarily of: non-ferrous metals; plastic and polymer -based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure" includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States. -- 1 Excludes cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. 2 IIJA, § 70917(c)(1). Implementation of Domestic Sourcing Requirements Prior to initiation of any construction that may arise in this award, the NFWF Subrecipient is required to inform NFWF whether it is using iron, steel, manufactured products, or construction materials as described in "Required Use of American Iron, Steel, Manufactured Products, and Construction Materials" above. In addition, the NFWF Subrecipient is required to inform NFWF whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition. Page 28 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 324 3.6.a Data Sharing Directive. The Data and Publication Sharing Directive for NOAA Grants, Cooperative Agreements, and Contracts ensures that environmental data funded extramurally by NOAA are made publicly accessible in a timely fashion (typically within two years of collection), and that final manuscripts of peer -reviewed research papers are deposited with the NOAA Central Library (upon acceptance by the journal, or no later than at time of publication). Therefore, non -Federal entities, or recipients, must make data produced under financial assistance publicly accessible in accordance with the Data Management Plan included with the Proposal, unless the grant program grants a modification or an exemption. The text of the Directive is available at https://nosc.noaa.gov/EDMC/PD.DSP.php. a. Data Sharing: Environmental data collected or created under this Grant, Cooperative Agreement, or Contract must be made publicly visible and accessible in a timely manner, free of charge or at minimal cost that is no more than the cost of distribution to the user, except where limited by law, regulation, policy, or national security requirements. Data are to be made available in a form that would permit further analysis or reuse: data must be encoded in a machine-readable format, preferably using existing open format standards; data must be sufficiently documented, preferably using open metadata standards, to enable users to independently read and understand the data. The location (internet address) of the data should be included in the final report. Pursuant to NOAA Information Quality Guidelines, data should undergo quality control (QC) and a description of the QC process and results should be referenced in the metadata. Failure to perform quality control does not constitute an excuse not to share data. Data without QC are considered "experimental products" and their dissemination must be accompanied by explicit limitations on their quality or by an indicated degree of uncertainty. b. Timeliness: Data accessibility must occur no later than publication of a peer -reviewed article based on the data, or two years after the data are collected and verified, or two years after the original end date of the grant (not including any extensions or follow-on funding), whichever is soonest, unless a delay has been authorized by the NOAA funding program. c. Disclaimer: Data produced under this award and made available to the public must be accompanied by the following statement: "These data and related items of information have not been formally disseminated by NOAA, and do not represent any agency determination, view, or policy." d. Failure to Share Data: Failing or delaying to make environmental data accessible in accordance with the submitted Data Management Plan, unless authorized by the NOAA Program, may lead to enforcement actions, and will be considered by NOAA when making future award decisions. Funding recipients are responsible for ensuring these conditions are also met by sub -recipients and subcontractors. Page 29 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 325 3.6.a e. Funding acknowledgement: Federal funding sources shall be identified in all scholarly publications. An Acknowledgements section shall be included in the body of the publication stating the relevant Grant Programs and Award Numbers. In addition, funding sources shall be reported during the publication submission process using the Fund Ref mechanism (http://www.crossref.org/fundref/) if supported by the Publisher. f. Manuscript submission: The final pre -publication manuscripts of scholarly publications produced with NOAA funding shall be submitted to the NOAA Institutional Repository at http://Iibrary.noaa.gov/repository after acceptance, and no later than upon publication, of the paper by a journal. NOAA will produce a publicly -visible catalog entry directing users to the published version of the article. After an embargo period of one year after publication, NOAA shall make the manuscript itself publicly visible, free of charge, while continuing to direct users to the published version of record. g. Data Citation: Publications based on data, and new products derived from source data, must cite the data used according to the conventions of the Publisher, using unambiguous labels such as Digital Object Identifiers (DOls). All data and derived products that are used to support the conclusions of a peer -reviewed publication must be made available in a form that permits verification and reproducibility of the results. Scientific Integrity. a. Maintaining Integrity. The NFWF Subrecipient shall maintain the scientific integrity of research performed pursuant to this grant or financial assistance award including the prevention, detection, and remediation of any allegations regarding the violation of scientific integrity or scientific and research misconduct, and the conduct of inquiries, investigations, and adjudications of allegations of violations of scientific integrity or scientific and research misconduct. All the requirements of this provision flow down to subrecipients. b. Peer Review. The peer review of the results of scientific activities under a NOAA grant, financial assistance award, or cooperative agreement shall be accomplished to ensure consistency with NOAA standards on quality, relevance, scientific integrity, reproducibility, transparency, and performance. NOAA will ensure that peer review of "influential scientific information" or "highly influential scientific assessments" is conducted in accordance with the Office of Management and Budget (OMB) Final Information Quality Bulletin for Peer Review and NOAA policies on peer review, such as the Information Quality Guidelines. c. In performing or presenting the results of scientific activities under the NOAA grant, financial assistance award, or cooperative agreement and in responding to allegations Page 30 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 326 3.6.a regarding the violation of scientific integrity or scientific and research misconduct, the NFWF Subrecipient and all subrecipients shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. That Order can be found at https://nrc.noaa.gov/ScientificlntegrityCommons.aspxx. d. Primary Responsibility. The NFWF Subrecipient shall have the primary responsibility to prevent, detect, and investigate allegations of a violation of scientific integrity or scientific and research misconduct. Unless otherwise instructed by the grants officer, the recipient shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. e. By executing this grant, financial assistance award, or cooperative agreement the NFWF Subrecipient provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of a violation of scientific integrity or scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation, and reporting of such misconduct. f. The NFWF Subrecipient shall insert this provision in all subawards at all tiers under this grant, financial assistance award, or cooperative agreement. Page 31 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 327 3.6.a SECTION 6 OTHER REPRESENTATIONS, CERTIFICATIONS, STATEMENTS AND CLAUSES NFWF Subrecipient acknowledges that all or part of this Agreement may be funded by a non- federal source that requires certain representations, certifications, and other statements relating to the use of such funds or performance of the Project. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Agreement, the execution and submission of this Agreement serves as affirmative acknowledgement of an agreement with the below representations, certifications, and other statements. Further, should circumstances of the NFWF Subrecipient change during the performance of this Agreement that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the NFWF Subrecipient shall promptly notify NFWF of such change in circumstance. Finally, NFWF reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Agreement. None Page 32 of 32 0318.24.079945 (Building Capacity for Edmonds Marsh and Estuary Restoration (WA)) Template: 4/28/2022 Packet Pg. 328 3.6.b SCOPE OF WORK A. Methods and Activities: There are four project activities: 1. hydrologic and hydraulic modeling to determine the impact of restoration alternatives on City flooding, 2. the analysis of the potential impacts of site contamination on restoration actions, 3. development of a planning process that supports community involvement in restoration design, and 4. public outreach and engagement. This project involves three separate land parcels, the watershed of the Edmonds Marsh, and flood prone areas of the City. The three parcels are shown on the uploaded site plan. Marina Beach Park is owned by the City of Edmonds and would be where a surface water channel would connect Puget Sound and the Marsh. Existing bridges will pass flow under a railroad to the park channel. The 21 acre Unocal parcel is located between the existing Edmonds Marsh, the third parcel, and Marina Beach Park. The 22 acre Edmonds Marsh is a wildlife sanctuary and is part of the Edmonds parks system. Hydrologic and Hydraulic Modeling Work Element: Budget ratio: 50% 1. Meet with City staff to refine the scope of work. 2. Meet with Public Works staff to collect existing information: a. Previous hydrologic and hydraulic models b. Topographic data for Marsh and Marina Beach Park c. Existing conditions of stream and stormwater sources to and under the Marsh 3. Evaluate Existing conditions. a. Determine maximum (historic marsh area) excavation area of the Unocal site and estuary channel to Puget Sound through the existing railroad bridge. b. Identify stream and stormwater sources. i. Existing stream and stormwater sources ii. Opportunities to daylight all surface water and stormwater connections to the marsh iii. Opportunities to create overflow connections to existing outflow pipes from the marsh to Puget Sound. Determine ability of overflow connections to help alleviate flooding adjacent to the marsh. 4. Identify estuary design alternatives for modeling purposes. Develop two alternatives for less than maximum excavation of the Unocal site i. Excavation of a channel at the west end of the Unocal site ii. Maximum excavation of the Unocal site but retaining islands around most contaminated portions of the site. iii. Prepare cross-section of topography for proposed alternatives b. Develop alternatives in consideration of sea level rise i. Select time scales to be evaluated ii. Select emission scenarios to be evaluated. c. Identify alternatives (e.g., berms, tide gates, flood wall) to prevent overflow from the marsh to the Dayton Avenue basin during storm and high-water conditions. 5. Hydrologic and Hydraulic Analysis a. Hydrologic Model Evaluate the Ecology WHMM model for suitability for modeling hydrologic inflows to the marsh. Packet Pg. 329 3.6.b ii. Review previous hydrologic modeling for the sources of inflow to the marsh. iii. Prepare and run a new hydrologic model if necessary. b. Hydraulic Model i. Review previous hydraulic models for the marsh. ii. Select appropriate hydraulic model. iii. Prepare and run hydraulic model for existing conditions and all proposed estuary alternatives Evaluate and summarize results of existing conditions and alternatives modeling to answer the following questions. i. What will water levels be in and around the marsh during king tides associated with major storm events. How will water levels change for these conditions with sea level rise? ii. How will the alternatives affect flooding levels in surrounding areas? iii. What is the range in water levels due to inflow and Puget Sound levels? iv. What will be the range of flow velocity through the marsh and out to Puget Sound and how will flow conditions affect Channel erosion potential and accessibility for juvenile salmon? 6. Prepare preliminary draft, draft and final Alternatives Evaluation report documenting existing conditions, hydrologic and hydraulic modeling and alternatives development and performance. Deliverables: • Background data. • Hydrologic model • Hydraulic model • Pre -draft, Draft and final Alternatives Evaluation Report Contamination Impact Analysis Work Element: Budget ratio: 30% 1. Review and summarize existing Washington State Department of Ecology (Ecology) and Unocal clean-up documents. These documents describe the clean-up process and the existing state of contamination. 2. Review and summarize Ecology and Washington Administrative Code (WAC) cleanup regulations and guidance documents as they relate to allowable site restoration actions. Identify risks from contamination to future landowners and actions to reduce or eliminate the risk. (This task will be completed by an attorney specializing in MTCA.) 3. Using the existing documentation, identify likely areas of where contaminated soil and groundwater remain and the concentrations of contaminants remaining. 4. Evaluate and summarize disposal and treatment options for contaminated soil and water that may be generated during restoration actions. 5. Estimate if contaminated soil contact with surface water could violate water quality standards or otherwise have a detrimental environmental effect. 6. Evaluate potential human health impacts from exposing contaminated soils. 7. Identify measures (e.g., excavation, cap and fill, dual phase extraction systems, Phyto remediation etc.) that can be taken to mitigate potential impacts. 8. Prepare preliminary draft, draft and final report. Planning Work Element: Budget ratio: 20% 1. Locate existing Edmonds Marsh restoration data. Past project studies, Washington State Department of Ecology clean-up reports, and citizen water quality studies are among the sources of information. Create a single document with hyperlinks that allows broad access to this data. Packet Pg. 330 3.6.b 2. Identify gaps in the existing data set that are relevant to restoration planning and propose additional data collection steps. 3. Identify similar estuary restoration projects on contaminated sites. Draft short summaries of those projects and include hyperlinks to their full descriptions. 4. List restoration permit requirements and estimated timelines for permitting. 5. List potential funding sources for land acquisition, design and construction. 6. Outline a community engagement process that leads toward the selection of a preferred restoration alternative. 7. Describe a restoration plan scoping process. Include a proposed timeline and a public engagement process for pre -design, land acquisition, and final design steps. Include a discussion about how this project would fit into a comprehensive watershed restoration plan that includes managing stormwater flows, protecting marsh/estuary water quality and vegetation, and restores habitat in watershed creeks. 8. Write a restoration planning process pre -draft, draft, and final report. Public Outreach and Engagement The draft grant application was prepared by volunteers with the Edmonds Marsh Estuary Advocates (EMEA). https://www.edmondsmarshestuary.org/. Volunteers from EMEA will be assisting with portions of the project. 1. Plan, advertise and conduct two public open -houses; one to explain the project and one to present and explain the findings. 2. Provide status reports to local news media. B. Implementation Timeline and Milestones: A consultant scope of work will be drafted and advertised, and consultant selection will occur after the NFWF award announcement in early January, 2024. Consultant work will begin in April, 2024. The 3 draft work element reports will be completed and ready for review by December 30, 2024. Final reports and project completion will be April 30, 2025. Critical Timeline: To allow the local community to provide their input into the future of a restored Edmonds Marsh before the Washington Department of Transportation (WSDOT) takes ownership of the Unocal parcel, the work described in this proposal needs to be completed in this funding cycle. The next NCRF Phase, 2. Preliminary Design, would involve the process of the public selection of a preferred restoration alternative. That phase would begin in early 2025 and be completed by early 2026. This fits with the timing of completion of the Unocal clean-up actions and transfer of ownership, which is also scheduled for early 2026. C. Monitoring Project Impact: The resilience metric for the hydraulic modeling work element will be the change in predicted flood elevations that result from alternative restoration designs. The ecological metric for the contamination impact work element is the impact to water quality and human health that result from restoration construction. Important ecological metrics for the Edmonds Marsh restoration project are acres of existing wetland habitat opened to Puget Sound and acres of new saltwater estuary created. Future phases of project development will address those metrics. This work is high priority in several regional plans for Puget Sound and salmon recovery efforts. Packet Pg. 331 3.6.b Volunteers have funded long-term monitoring of bird use in the marsh throughout the seasons following science -based protocols. This work will continue and document avian use as the restoration progresses. D. Project Team & Partners: The City of Edmonds will manage the project: Project Manager: Oscar Antillon, PE. Director of Edmonds Public Works and Utilities. Public Works director of several cities since 2012 where he has managed multiple hydraulic modeling projects. Project Engineer: Mike Dellila, PE, senior engineer, Edmonds Public Works, and Utilities. Public outreach and engagement Leader: Angie Feser, ASLA, LEED AP. Director of Edmonds Parks, Recreation & Cultural Services. Registered Landscape Architect with 12 years' experience directing northwest city parks departments, has managed multiple large projects that involve relevant community engagement processes. Project Partners: The City will partner with the Port of Edmonds, the Washington State Department of Transportation, and the Tulalip Tribes. Other stakeholders include the Suquamish Tribe, Snohomish County, the Snohomish Conservation District, Mid -Sound Fisheries enhancement Group, and Sound Salmon Solutions, Pilchuck Audubon Society, Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Salmon Recovery Council, Washington Department of Ecology, and the Washington Department of Fish and Wildlife. These stakeholders will be consulted as needed to complete the work elements. Volunteers: Significant amounts of work will be done on the project by the EMEA members of this team. For the Planning Work Element, they will perform 90% of the work on tasks 1, 3 and 5 and 30% on 2 and 4. For the Contamination Impact Analysis work element they will perform 80% of the work on task 1 and 10% on tasks 2-8. Packet Pg. 332 3.7 City Council Agenda Item Meeting Date: 03/12/2024 Parks and Public Works Committee Meeting Proposed Time Change Staff Lead: Council President Olson Department: City Council Preparer: Beckie Peterson Background/History Council Committee meetings are detailed in ECC 1.04.010 B - Regular Public Meeting Times and currently specify the Parks and Public Works Committee meeting from 7:30 p.m. to 9:30 p.m. A change to the start time requires a modification to this code. Recommendation Review the proposed ordinance and draft code change, and place on the consent agenda for the a future council meeting. Narrative The PPW Committee supports topics from Parks and Recreation departments, as well as Public Works including Engineering, Facilities, Water and Sewer and Stormwater, and Wastewater Treatment. PPW committee meetings are attended and viewed virtually, and do not include public/audience comment. Recordings of committee meetings are posted online. The proposed meeting time change is from the current 7:30-9:30 pm to an earlier 1:30 - 3:30 pm. This meeting time is amenable to the current councilmembers of the committee and the city staff participants. It will be appropriate for the meeting start time to be reviewed each January when committee council assignments are made, and adjusted (by code) as needed. Attachments: 2024-03-04 ordinance re council committee meeting times v2 Packet Pg. 333 3.7.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING TIME OF THE CITY COUNCIL'S PARKS AND PUBLIC WORKS ("PPW") COMMITTEE WHEREAS, the city council has the power to organize and regulate its internal affairs under RCW 35A.11.020; and WHEREAS, the city council has determined that regular meeting time of the parks and public works ("PPW") committee should occur at 1:30 pm instead of 7:30 pm on the second Tuesday of each month; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsection B of section 1.04.010 of the Edmonds City Code, entitled "Regular public meeting time and days," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike thr-o g ): B. Council Committees. The city council shall have the following standing committees: finance; parks and public works ("PPW"); public safety, planning, human services, and personnel ("PSPHSP"). Regular meetings of the city council standing committees shall be held on the second Tuesday of every month. Councilmembers and staff may attend all committee meetings virtually. Members of the public may view the meeting virtually from their own device or from a monitor provided by the city in the city council conference room, 121 5th Avenue North, Edmonds WA 98020. The respective regular committee meeting times shall be as follows: (1) PSPHSP shall commence at 3:30 p.m. and end at 5:30 p.m.; (2) finance shall commence at 5:30 p.m. and end at 7:30 p.m.; and (3) PPW shall commence at 1:30 70 p.m. and end at 3:30 940 p.m. Recordings of city council standing committee meetings shall be made and posted online. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Pg. 334 3.7.a Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 335 3.7.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2024, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CHANGING THE REGULAR MEETING TIME OF THE CITY COUNCIL' S PARKS AND PUBLIC WORKS ("PPW") COMMITTEE The full text of this Ordinance will be mailed upon request. DATED this day of , 2024. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 336