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2024-05-14 Council PPW Committee Packet
2 OF BbMG ti Agenda Edmonds City Council 1,00 PARKS AND PUBLIC WORKS COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 MAY 14, 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 COMMITTEE BUSINESS 1. Amendment to the Fiber Consortium Interlocal Agreement (10 min) 2. Presentation to Award Construction Contract to Granite Construction Company for 2024 Overlay Program (10 min) 3. Presentation to Award Construction Contract for the 2024 Utility Replacement Project (10 min) 4. Presentation of PSA with consultant, Rock Project Management Services LLC (ROCK), for Capital Projects Construction Management, Engineering & Inspection Services (10 min) 5. Presentation of Supplemental PSA with Herrera for the Storm and Surface Water Comprehensive Plan (10 min) 6. Presentation of Highway 99 Stages 3 & 4 Overhead Utility Line Conversion (15 min) 7. Job Order Contracting - Program Report (20 min) Job Order Contracting - Proposal and Agreement Extension (10 min) Edmonds City Council Agenda May 14, 2024 Page 1 9. 2023 Transportation Benefit District Report (10 min) 10. Public pedestrian easement along 76th Ave W adjacent to 22224 76th Ave W (10 min) 11. Main St Overlay Project (10 min) ADJOURNMENT Edmonds City Council Agenda May 14, 2024 Page 2 2.1 City Council Agenda Item Meeting Date: 05/14/2024 Amendment to the Fiber Consortium Interlocal Agreement Staff Lead: Brian Tuley Department: Information Services Preparer: Scott Passey Background/History The City of Edmonds is in a long term interlocal agreement between The City of Seattle, University of Washington, Seattle Community College, Seattle Public Schools, the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), WSDOT, the FBI, and the City of Shoreline. This group is known as the regional "Fiber Consortium". This agreement has been in place at least 15 years. Staff Recommendation Place ILA amendment on next consent agenda for approval. Narrative The City of Edmonds owns fiber that runs along Highway 99 into Seattle. The agreement allows the City of Seattle to maintain that fiber run and distributes the cost across member agencies. The City of Edmonds received a request to update the interlocal agreement to include additional member organizations to the consortium. Additional agencies should reduce individual costs for each member. Attachments: Seattle Fiber Partners Agreement Addundum 64 St GA 004-24 PSERN and National Parks Packet Pg. 3 2.1.a SEATTLE FIBER PARTNERS AGREEMENT Amendment 64 Sound Transit Agreement #ST-GA 0044-24 Addition of Sound Transit, the Public Safety Emergency Radio Network, and National Parks as a Seattle Fiber Partner THIS AMENDMENT TO THE INTER -AGENCY FIBER AGREEMENT is executed on the dates shown below, by and between the following public agencies: THE CITY OF SEATTLE, a municipal corporation organized and existing under the laws of the State of Washington, KING COUNTY, UNIVERISTY OF WASHINGTON (an agency of the State of Washington), SEATTLE COMMUNITY COLLEGE DISTRICT VI (an agency of the State of Washington), the SEATTLE PUBLIC SCHOOLS, the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (an agency of the State of Washington), FEDERAL BUREAU OF INVESTIGATION, CITY OF EDMONDS, CITY OF SHORELINE, (hereinafter "Participating Agencies"). WITNESSETH: WHEREAS, the City of Seattle has adopted a resolution encouraging the development of projects to share in the installation of fiber optic systems with other public agencies; and WHEREAS, the CITY OF SEATTLE, a municipal corporation organized and existing under the laws of the State of Washington, KING COUNTY ("KC"), UNIVERISTY OF WASHINGTON ("UW"), SEATTLE COMMUNITY COLLEGE DISTRICT VI ("SCCD"), the SEATTLE PUBLIC SCHOOLS ("SPS"), the NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ("NOAA/PMEL"), WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (an agency of the State of Washington), FEDERAL BUREAU OF INVESTIGATION ("FBI"), CITY OF EDMONDS, and CITY OF SHORELINE have previously executed an agreement to construct telecommunications systems utilizing fiber optic cable as the transmission medium ("Executed Agreement"); and WHEREAS, SOUND TRANSIT ("ST"), the PUBLIC SAFETY EMERGENCY RADIO NETWORK ("PSERN"), and NATIONAL PARKS ("NP") has expressed an interest in becoming a Participating Agency in various projects: and WHEREAS, PSERN has been using the fiber installed and paid for by the KC-PSERN Project. KING COUNTY and PSERN would like to transfer ownership and the maintenance costs of these fibers from KING COUNTYto PSERN. See Exhibit B. WHEREAS, NATIONAL PARKS (NP) was using fiber under GENERAL SERVICES ADMINISTRATION (GSA). GSA no longer needs their fiber. GSA and NATIONAL PARKS would like to transfer ownership and SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 1 of 4 Packet Pg. 4 2.1.a maintenance costs for the fiber circuit from the Federal Building to the Klondike Museum to NATIONAL PARKS. See Exhibit C. WHEREAS, the Participating Agencies to the Executed Agreements are willing, to the extent they may lawfully do so and subject to the terms and conditions hereinafter set forth, to share fiber optic installations and include the addition of SOUND TRANSIT, PSERN, and NATIONAL PARKS as Participating Agencies; and WHEREAS, THE Participating Agencies recognize the benefits of such an arrangement and have, to all Parties; satisfaction, agreed as to the following terms and conditions, including sufficient consideration; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties to this agreement hereby agree and covenant as follows: The Participating Agencies to the Executed Agreements agree to include SOUND TRANSIT, PSERN, and NATIONAL PARKS as additional Participating Agencies. SOUND TRANSIT, PSERN, and NATIONAL PARKS hereby agree to the attached General Terms and Conditions, Ordinance 117981 (Exhibit A), of previous Executed Agreements and the terms and conditions of this Amendment. W ITN ESS ETH : WHEREAS, the City of Seattle has adopted a resolution encouraging the development of projects to share the installation costs of fiber optic systems with other public agencies; and WHEREAS, the City of Seattle, will sell spare strands of fiber to other public agencies, subject to the General Terms and Conditions approved in Ordinance 117981 (Exhibit A); and WHEREAS, the Participating Agencies recognize the benefits of such an arrangement and to all the Parties' satisfaction, agree as to the following terms and conditions, including sufficient consideration: IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS 64T" AMENDMENT CITY OF EDMONDS By: Printed Name: Mike Rosen Title: M Date: Email: Brian Tuley, Brian.Tuley@edmondswa.gov I (delegate) CITY OF SHORELINE By: Printed Name: Bristol Ellington Title: City Manager Date: Email: Euneka Richards, erichards@shorelinewa.com (delegate) SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 2 of 4 Packet Pg. 5 2.1.a CITY OF SEATTLE .b,.* cyA-1 By: Tracye Cantrell (Apr 1, 2024 14:21 PDT Printed Name: Jim Loter Title: Interim Chief Technology Officer and Director of the Department of Information Technology Date: 04/01/2024 Email: Jeremy Doane, jeremy.doane@seattle.gov (delegate) KING COUNTY By: Lori Dickneite (Apr 3, 202412:41 PDT) Printed Name: Lori Dickneite Title: Production OFS Service Owner Date: 04/03/2024 Email: Hanker Su, hanker.su@kcmetro.gov (delegate) NATIONAL PARKS Bert J. Gallegos By: Bert J Gallegos Ixpr I, 202= ffl4 MDT Printed Name: Bert Gallegos Title: Soace Management Specialist Date: 04/01/2024 Email: Bert Gallegos, Bert_Gallegos@nps.gov FEDERAL BUREAU OF INVESTIGATION By: Printed Name: Nakia Title: Administrative Officer Date: Email: Nakia Ray, nlrav@fbi.gov NATIONAL OCEANIC AND ATMOSPHERIC ADMINSTRATION kobel't Secyt Robert Sears (May 1, 2024 15:37 AKDT) By: Printed Name: Robert Sears Title: Director, NOAA N-Wave Date: 05/01/2024 Email: Tran Nguyen, tran.h.nguyen@noaa.gov (delegate) PUBLIC SAFETY AND EMERGENCY RADIO NETWORK / By: Printed Name: Mike Webb Title: PSERN Executive Director Date: 04/01/2024 Email: Mike Webb, mike.webb@psern.org E 0 w 0 V m LL L 0 r Q E c d E Q SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 3 of 4 Packet Pg. 6 2.1.a I SEATTLE COMMUNITY COLLEGE DISTRICT VI A46-ew Swansz By. Andrew Svansen(Apr 1, 202411:39 PDT) Printed Name: Andrew Swansen Title: Director, Networks and Security/CISO Date: 04/01/2024 Email: Andrew Swansen, Andrew.Swansen@Seattlecolleges.edu SOUND TRANSIT jAfoil Weirs By: Jason Weiss (Apr 3, 202413:35 PDT) Printed Name: Jason Weiss Title: CIO Date: 04/03/2024 Email: Carlos Arias, carlos.arias@soundtransit.org (delegate) WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: �-�— Printed Name: Matt Madarelli Title: Contractine Mer Date: 04/01/2024 Email: Glenn Darby, darbyg@wsdot.wa.gov (delegate) SEATTLE PUBLIC SCHOOLS By: Printed Name: Jay A McSweenev Title: Director of Technology Infrastructure Date: Email: Eric Kinzel, ea.Kinzel@seattleschools.org (delegate) UNIVERISTY OF WASHINGTON By. Alissa Mahar (Apr 3, 202414:20 PDT) Printed Name: Alissa Mahar Title: Associate Vice President Operations, UW-IT Date: 04/03/2024 Email: Brenda Jones, brendaj@uw.edu (delegate) Exhibit A: General Terms and Conditions Exhibit B: KC Transferring Fiber Ownership to PSERN Exhibit C: GSA Transferring Fiber Ownership to National Parks SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST-GA 0044-24_PSERN_AND_NATIONAL PARKS Page 4 of 4 E r- E a Packet Pg. 7 2.1.a Seattle Fiber One Partnership Addendum 64 - SEATTLE FIBER PARTNERS AGREEMENT_ADDENDUM_64_ST- GA 0044-24_PSERN_AND_NATIONAL_PARKS Exhibit A - General Terms and Conditions GENERAL TERMS and CONDITIONS For Sharing of Fiber Optic Installation Projects Packet Pg. 8 2.1.a TABLE OF CONTENTS z . DEFINITIONS 1 II. RELATIONSHIPS AMONG PARTICIPATING AGENCIES.............................................7 A. FIBER OPTIC PROJECT AGREEMENTS................................................................7 B. PRINCIPLES................................................................................................................7 C. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS...................................................................................................8 D. CHANGE ORDERS..................................................................................................10 E. OWNERSHIP OF FIBER OPTIC CABLE...............................................................10 F. USE OF FIBERS................................................................................. .10 G. SALE OF FIBERS...................................................................................................10 H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES........................................................................ I I I. TAXES........................................................................................................................11 J. PAYMENTS ...............................................................................................................II III. RELATIONSHIP AMONG PARTICIPATING AGENCIES AND THE LEAD AGENCY................................................................................................................................12 A. GENERAL RESPONSIBILITY OF LEAD AGENCY............................................12 B. INSTALLATION................................................................................................. .12 C. MAINTENANCE AND REPAIR RESPONSIBILITIES.........................................13 D. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY.................................................................13 E. LEAD AGENCY'S NONCOMPLIANCE.................................................................14 F. AUDIT............................................................................................................... .14 G. LIMITATION OF LIABILITY................................................................................14 H. INDEMNIFICATION................................................................................................14 IV. RELATIONSHIP WITH FACILITY OWNERS.................................................................15 A. PRINCIPLES FOR USE OF CITY OF SEATTLE FACILITIES ............................15 B. APPROVALS........................................................................................................... .15 C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS ....................... ............16 D. ACCESS TO AND USE OF FACILITIES................................................................16 E. BUILDING ENTRANCES........................................................................................17 F. MODIFICATIONS TO FACILITIES............................................................. ...17 G. RELOCATION OF FIBER OPTIC CABLE.............................................................17 H. PAYMENT TO FACILITY OWNERS.....................................................................18 I. LIMITATION OF LIABILITY................................................................................19 J. RIGHTS OF PROPERTY.......................................................................................... 19 K. INDEMNIFICATION................................................................................................20 L. DEFAULT..................................................................................................................20 V. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS .......................21 A. RESPONSIBILITY.............................................................................................. .21 B. APPROVALS.............................................................................................................21 C. INSURANCE............................................................................................................22 D. BOND.........................................................................................................................25 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 9 2.1.a E. NONDISCRIMINATION AND AFFIRMATIVE ACTION....................................25 F. WOMEN'S AND MINORITY BUSINESS UTILIZATION....................................26 VI. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ALL FIBER OPTIC PROJECT AGREEMENTS......................................................................................26 A. LAWS, LICENSES, AND PERMITS.......................................................................26 B. PERFORMANCE STANDARDS.............................................................................27 C. SUBJECT TO LAWS................................................................................................27 D. TERM.........................................................................................................................28 E. TERMINATION.........................................................................................................28 F. FORCE MAJEURE....................................................................................................28 G. NO WAIVER..............................................................................................................29 H. SEVERABILITY........................................................................................................29 I. RIGHTS CUMULATIVE..........................................................................................29 J. CONTRACTUAL RELATIONSHIP........................................................................30 K. HEADINGS................................................................................................................30 L. APPLICABLE LAW AND VENUE.........................................................................30 M. BINDING EFFECTS..................................................................................................30 N. ASSIGNMENT..........................................................................................................30 O. NOTICES....................................................................................................................30 P. NON-EXCLUSIVITY................................................................................................30 Q. MODIFICATION OR AMENDMENT.....................................................................31 R. ATTORNEY FEES AND COSTS............................................................................31 S. ARBITRATION/MEDIATION.................................................................................31 EXHIBIT A - CITY OF SEATTLE FACILITIES............................................................... A ] -A3 EXHIBIT B - SEATTLE CITY LIGHT FACILITIES ........................ . ADDENDUM l: AUTHORIZING USE OF CITY OF SEATTLE UNDERGROUND OR TRANSMISSION FACILITIES ........................ ADDENDUM 2: SPECIAL TERMS AND CONDITIONS FOR AGREEMENTS WITH THE UNITED STATES GOVERNMENT......... . Addendum 1-1 - 1-3 Addendum 2-1 - 2-4 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 10 2.1.a I. DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the following terns shall have the following specified meanings, unless the context clearly requires a different meaning: A. Building Entrance Conduit or Conduits usually connecting a Vault, Handhole, or Maintenance Hole in the public right-of-way to a building. B. Building or Location Served By Fiber Optic System Any Facility, location, building, or structure where the Participating Agencies terminate any Fiber Optic Cable for use by the Participating Agencies. C. Building Vault A vault located substantially within a building and subject to uniform building and fire codes. D. City Buildings Structures owned, leased, and/or occupied or partially occupied by City employees, and/or equipment. E. City Light Department Conduit Conduit designed to house conductors or cables owned by the City Light Department and for which City Light has authority to control access and use. F. Common Fiber Spares Fiber strands installed as part of a Fiber Optic Project held in reserve solely for replacement of disabled fibers. G. Conduit Enclosed runway or tube designed to house cables for their protection (same as Duct). Terms and Conditlons for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 11 2.1.a H. Dark Fiber An optical fiber strand not coupled to an optical light source. I. Dead-end Tower A structure designed and constructed to terminate electrical transmission or distribution circuits. J. Dielectric Cable Fiber Optic Cable which is entirely composed of non -electrical current conducting elements (i.e., non-metallic). K. Duct Enclosed runway or tube designed to house cables for their protection (same as Conduit). L. Duct Bank Two or more parallel Ducts usually enclosed in a concrete envelope. M. Facility or Facilities A structure including but not limited to: Buildings, Vaults, Maintenance Holes, Handholes, Conduit, Building Entrances, Substations, transmission towers, and distribution poles. N. Facility Manager 2 E t= 0 c 0 U L LL as 0 c a� E c a) E a Terms and Conditions for sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 12 2.1.a The person designated by the Facility Owner to manage the Facility, including granting access, determining and approving its use and terms and conditions for such use. O. Facility Owner The entity that is the legal owner of a Facility or Facilities or the entity holding the legal right to grant permission to occupy, use or modify Facilities. P. Fiber Optic Cable A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. Q. Fiber Optic Project The activities associated with the installation of fiber optic transmission materials, including cable, splices, inner duct, sleeves, etc. R. Fiber Optic Project Agreement An agreement for a specific Fiber Optic Project with Participating Agencies that specifies the contractual relationships between and among the participants. S. Fiber Strand or Strand of Fiber A thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. T. Handhole An underground structure (usually concrete) providing an opening in a Conduit in which workers may reach into but usually do not enter for the purposes of installation and maintenance of cable. U. Indirect Costs Indirect costs are costs determined in accordance with a Participating Agency's standard methodology for computing indirect costs. Indirect costs shall include costs of labor, benefits, equipment usage, miscellaneous 3 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 13 2.1.a materials, material handling, and administrative and general charges. This definition also applies to Facility Owner indirect costs. V. Lead Agency The designee of the Participating Agencies by their mutual consent in a Fiber Optic Project Agreement responsible for managing fiber installation projects, including entering into construction contracts and overseeing the construction work for the Participating Agencies and ongoing maintenance of the project(s). W. Make -Ready Work Any and all planning, analysis, design, review, adjustment to equipment, construction, and/or other activities (such as tree trimming) necessary to prepare existing Facilities for use by the Lead Agency as determined by the Facility Owner. X. Maintenance Hole An underground structure (usually concrete) which workers may enter for the purposes of installation and maintenance of cable. Y. Optical Ground Wire A composite electrical conductor expressly designed and manufactured to enclose optical fibers for telecommunications and for installation as a shield wire on transmission towers to provide light((ning protection. Z. Overhead Distribution Facilities Electrical conductors, structures and related equipment designed and utilized to transport electricity to City Light Department customers. Primary distribution voltage levels are usually in the range of 4KV to 34.5KV. AA. Overhead Transmission Facilities Electrical conductors, structures and related equipment designed or utilized for bulk transportation of electricity between two end points, usually Substations. Structures may be of wood or steel. Transmission voltage levels on the City Light Department system are primarily 115KV or 230KV. BB. Participating Agency Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 14 2.1.a A public agency that has signed an agreement to engage in a shared Fiber Optic Project. CC. Safety Observer A person or persons assigned to watch over Work activities in, on, or around electrical Facilities for the purposes of protecting workers from electrical hazards and ensuring electrical Facility integrity. DD. Seattle Facilities Those Facilities owned, managed, occupied by a City of Seattle Department or Division, including but not limited to Seattle City Light, Seattle City Water, Seattle Department of Administrative Services. EE. Splice The point where two separate optical fiber strands are joined together either mechanically or by fusion to make one continuous optical fiber strand. FF. Substation An electrical power facility where electrical voltage is transformed, controlled, monitored and routed. GG. Telecommunications Cable A fiber optic, coaxial, multi -pair, copper, low -voltage cable or any other cable utilized for telecommunications of information from one place to another. HH. Telecommunications Service(s) Telecommunications service(s) is the transmission of information over Fiber Strands from one location to another (not including services provided between two areas within the same building) meeting industry accepted transmission standards, their equivalent or replacement service. Such information includes but is not limited to voice, data, pictures, and facsimile. Telecommunication service(s) does not include Dark Fiber or services other than transmission services. II. Termination Panel Non -electronic equipment which is used to attach the ends of each of the 5 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 15 2.1.a individual fibers from a fiber optic cable. This panel serves as a junction between the fibers of a Fiber Optic Cable and electronic equipment that is to be connected to the fibers. JJ. Underground Facilities Facilities situated beneath the surface of the ground, a roadway, or the water including, but not limited to, Building Entrances, Conduits, Ducts, Duct Banks, Handholes, Maintenance Holes, Vaults, and electrical conductors, but not including Facilities located inside buildings or facilities treated as Overhead Transmission Facilities or as Overhead Distribution Facilities in agreements between the City of Seattle and other entities. KK. Utilidors Utility tunnels maintained by the City of Seattle. LL. Vault An underground or in -building structure (usually concrete) used to house transformers, its appendages and electrical cables. MM. Work All activities related to the planning, right-of-way acquisition, scheduling, analysis, design, engineering, preparation, installation, evaluation, maintenance, repair and operation of a Fiber Optic Project in or on Facilities as it relates to this Agreement including Make -Ready Work but not including work done prior to the execution of a Fiber Optic Project Agreement. Terms and Conditions for sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 16 2.1.a II. RELATIONSHIPS AMONG PARTICIPATING AGENCIES A. FIBER OPTIC PROJECT AGREEMENTS All fiber optic installation projects among Participating Agencies shall have a Fiber Optic Project Agreement specifying the following; including contact names and addresses where appropriate. Participating Agencies Lead Agency and Project Manager Route Facilities to be Used; Facility Owners; and the Facility Manager(s) Project Budget, including Contingency and Terms of Cost Sharing - Apportionment of Liability - Project Schedule - Changes or Addenda to General Terms and Conditions - Bond and Insurance Requirements for Contracting and Participating Agencies The General Terms and Conditions for Sharing Fiber Optic Installation Projects shall be an attachment to each Fiber Optic Project Agreement. B. PRINCIPLES Agreements among the Participating Agencies for sharing of Fiber Optic Projects shall conform to the following principles: Participation in Fiber Optic Projects is voluntary and can depend on specific cable routes. 2. Arrangements for cooperation should be fair and equitable among Participating Agencies. As a general principle, agreements among Participating Agencies, where each have a share of project control, should share costs proportionately based on each share of the fiber strands deployed. Any special configuration, such as a routing change to accommodate a particular entity, should be paid for in whole by such entity. If a Facility Owner requires a route change due to Facility access, the costs of such a change shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. 7 Terms and Condi ions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 17 2.1.a In projects where a Participating Agency desires fiber for future use and does not participate in the route design, engineering, or terminations, such Participating Agency may be considered secondary. Costs may be allocated to a secondary Participating Agency on an incremental basis. C. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS Upon execution of a Fiber Optic Project Agreement, the Participating Agencies shall develop, review and/or revise planning, engineering, design, installation, and maintenance procedures for the Fiber Optic Project. The procedures will be subject to the approval of the Participating Agencies and of the Facility Owners as specified in Section IV and in related Exhibits and Addenda. The procedures will be substantially similar to the following: Perform Feasibility Review An agency with an interest in a shared fiber optic project will undertake a feasibility review to determine which of the Participating Agencies has an interest in the Fiber Optic Project, the possible routes, the availability of Facilities, the approximate cost and the time frame required for installation. Prospective Facility Owners shall be included in the feasibility review process. 2. Execute Fiber Optic Project Agreement The Agreement must ensure that approval by the appropriate authority is granted for Facilities to be used and shall specify the information listcd in Section II.A. 3. Perform Detailed Engineering Design The Lead Agency shall work with Facility Owners to complete routing, obtain permission for use of Facilities, etc. Any changes exceeding the approved Project Budget shall require approval by the Participating Agencies; such approval shall not be unreasonably withheld. 4. Install Project The Lead Agency shall be responsible to ensure compliance with all requirements of the Facility Owner. 8 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 18 2.1.a 5. Complete Acceptance of Fiber Optic Project The Lead Agency shall formally accept installation of the Fiber Optic project by issuing a formal letter to the contractor(s) and the Participating Agencies stating that the Work has been completed in accordance with contract specifications and that all punch -list items have been resolved to the satisfaction of the Lead Agency and Facility Owner. Such acceptance shall authorize final payment(s) to contractor(s). The Lead Agency shall also identify ownership of Fiber Strands. 6. Establish Maintenance Plan The Lead Agency shall develop a maintenance plan for the Fiber Optic Project, and the Participating Agencies will appoint a maintenance manager. 7. Keep Records The Lead Agency shall provide Facility Owners with whatever documents are specified by the Facility Manager(s) so Facility Owner(s) can maintain accurate records of where and how the Participating Agencies installed equipment within or on Facilities, and where and how the Participating Agencies modified any Facility. Among the materials that must be provided to Facility Owner are computerized records and archival quality drawings that document installation or modification Work performed by the Lead Agency or its contractors. The Lead Agency shall not charge the Facility Owner for providing any necessary documentation requested by the Facility Manager. Such costs, however, shall be included as part of the Project Budget, Section II.A. Provide Access to Records The Lead Agency shall provide access to any and all of the Participating Agencies' records with respect to design, installation and maintenance of components of the Fiber Optic System located within or on Facilities to Facility Owner(s) when requested by the Facility Manager(s). The Lead Agency shall not charge the Facility Owner for either access to such information or for obtaining copies of any portion of the information. Such costs, however, shall be included as part of the Project Budget, Section II.A. The records to which the Lead Agency shall provide the Facility Owner access include, but are not limited to computerized records and design 9 Terms and conditions for Sharing of Fiber Optic Installation Projects July 27. 2010 Packet Pg. 19 2.1.a drawings, equipment and fiber specifications, route maps, manufacturer's test reports on fibers and on other equipment, documentation of the installation of Fiber Optic Cable and other equipment, and documentation of maintenance done on fibers and other equipment. D. CHANGE ORDERS Participating Agencies shall have the right to propose changes to the Fiber Optic Project Agreement which shall be approved by all Participating Agencies., including replacing the Lead Agency and adjusting project budgets. Changes that impact Facility Owners shall be subject to approval by the Facility Owners. The costs of any changes required by and beneficial to an individual Participating Agency made after the signing of a Fiber Optic Project Agreement shall be bome by that Participating Agency. If a Facility Owner requires a route relocation due to Facility access, the costs of such a relocation shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. The costs of other changes necessary to complete the project shall become part of the total project cost and shall be approved by the Participating Agencies. E. OWNERSHIP OF FIBER OPTIC CABLE All Fiber Optic Cable and Fiber Strands paid for in the initial installation of a Fiber Optic Project by the Participating Agencies shall be owned by those Participating Agencies as identified in the Fiber Optic Project Agreement. F. USE OF FIBERS Participating Agencies shall have complete free and unrestricted use of the fiber optic installations made under a Fiber Optic Project Agreement for any lawful governmental, public educational, intergovernmental or public utility purpose. Such right to use shall be for the duration of the Agreement and any renewal Agreements by the Participating Agencies unless terminated under the terms and conditions provided herein. Common Fiber Spares, if provided in a project, shall be shared among the Participating Agencies only. Identified fiber spares shall be used only as replacements for disabled fibers. Use of spare fibers shall be implemented by the Lead Agency, with notification to all Participating Agencies. G. SALE OF FIBERS 10 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 20 2.1.a Participating Agencies shall not sell, assign, assign the use, or otherwise convey the use of any of a Participating Agency's fibers as identified in the Project Agreement to any other party except to governmental, public educational or public utility entities. Should any of the Participating Agencies wish to sell fibers installed under this Agreement, the other Participating Agencies in the project shall be granted right of first refusal. Any entity purchasing fibers installed under a Fiber Optic Project Agreement must agree to all the terms and conditions of this Agreement, including the General Terms and Conditions, Exhibits and Addenda as specified in this document and shall notify the Facility Owner(s) of any such purchase. H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES Nothing in this document precludes Participating Agencies from entering into separate agreements with other Participating Agencies to utilize fiber optic cable other than the Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement. I. TAXES The Participating Agencies shall pay, before delinquency, all applicable taxes, levies, and assessments arising from their joint Fiber Optic installations and undertakings under a Fiber Optic Project Agreement, taxes levied on the Participating Agencies' property, equipment and improvements, and taxes on the Participating Agencies' interest in the Fiber Optic Project Agreement and any leasehold interest deemed to have been created thereby under RCW 82.29A. PAYMENTS Participating Agencies shall pay all amounts owed to the Lead Agency within thirty (30) days of receipt of the billing. if a Participating Agency cannot or does not make payment for charges owed within ninety (90) days, the Participating Agency shall be given written notice to correct the default. The Participating Agency shall have ninety (90) days, or such longer time after receipt of notice as the Lead Agency may authorize in writing, to make payment. If the Participating Agency fails to make payment, it shall be required to sell its fibers, offering right of first refusal to the other Participating Agencies. As a condition of sale, such Participating Agency shall require any entity purchasing their fibers to agree to all the tenns and Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27. 2010 Packet Pg. 21 2.1.a conditions of this Agreement, including the General Terms and Conditions, Exhibits and Addenda. Failure by any Participating Agency to comply with the requirements of this section may void the sale as determined by the other Participating Agencies. The Participating Agencies shall require such entity to notify the Facility Owner(s) of any such purchase. K. LIABILITY Liability attributed to the Participating Agencies under this Agreement shall be shared on a basis proportional to each Participating Agency's ownership of the fibers in the location where the liability occurs. Ownership is determined by the demarcation points described in an Exhibit to the Project Agreement. However, in the case of gross negligence or willful misconduct on the part of any Participating Agency (including the Lead Agency), such Participating Agency shall be solely liable for its conduct. The Facility Owner shall accrue no additional liability as a result of its ownership of facilities nor shall the Lead Agency accrue additional liability in its role as Lead Agency, except in the event of gross negligence or willful misconduct on the part of the Facility Owner or Lead Agency. See, Sections 3.G and 3.H; Sections 4.1 and 4.K. III. RELATIONSHIP AMONG PARTICIPATING AGENCIES AND THE LEAD AGENCY A. GENERAL RESPONSIBILITY OF LEAD AGENCY The Lead Agency shall be responsible for the overall management, installation and maintenance of the Fiber Optic Project as the agent of the Participating Agencies in the project. The Lead Agency shall be responsible for negotiating and entering into separate agreements on behalf of Participating Agencies with Facility Owners for the specific use of their Facilities and with contractors to perform all or part of the Work associated with the Fiber Optic Project. The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement, General Terns and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. Prior to execution of any agreements with Facility Owners or contractors, the Lead Agency shall provide opportunity for the Participating Agencies to review and comment on such agreements. In the event there is a dispute regarding any of the provisions or lack of provisions of any agreement, such dispute shall be resolved through the process identified in this Agreement. The Lead Agency shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B. INSTALLATION 12 Terms and Conditions for Sharing of Fiber Optic Installation Projects Jury 27, 2010 Packet Pg. 22 2.1.a The Lead Agency shall comply with standards and installation procedures as agreed to by the Participating Agencies and the Facility Owners pursuant to Section Q.C. The Lead Agency shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and acceptance ,testing of all of the Fiber Strands in or on Facilities have been completed. C. MAINTENANCE AND REPAIR RESPONSIBILITIES Maintenance and Repair of Fiber Optic Cable and Fiber Strands Maintenance of the Fiber Optic Cable and Fiber Strands within Fiber Optic Cable placed in or on Facilities pursuant to this Agreement shall be the responsibility of the Lead Agency as agent for the Participating Agencies for the term of the Fiber Optic Project Agreement and for any extensions or renewals. In instances where service to any of the Participating Agencies has been interrupted, the Lead Agency, at the Participating Agencies' request, will make a reasonable effort to complete repairs of the Fiber Optic Cable as soon as permission to effect the repairs has been obtained from the Facility Owner. 2. Maintenance and Repair Expenses The Participating Agencies shall be responsible for the expense of maintenance and repair of the Fiber Optic Cable and Fiber Strands for the duration of the Fiber Optic Project Agreement and any extensions or renewals on a basis proportional to the ownership of fibers attributed to each Participating Agency. The Maintenance Manager shall review ongoing maintenance expenses with Participating Agencies on an annual basis. D. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY All costs and expenses incurred by the Lead Agency in performance of Work and payable by the Participating Agencies pursuant to this Agreement shall be actual and verifiable. The Lead Agency shall provide documentation of its methodology for computing any Indirect Costs, including Indirect Costs for Facility Owners_ The Participating Agencies shall reimburse the Lead Agency within thirty (30) days of receipt of the 13 Terms and Conditions for Sharing of Fiber Oplic Installation Projects July 27, 2010 Packet Pg. 23 2.1.a Lead Agency's statement of charges. E_ LEAD AGENCY'S NONCOMPLIANCE Failure of the Lead Agency to adhere to the requirements of Work and record keeping in this document will be corrected at the Participating Agencies' joint expense unless there has been gross negligence or willful misconduct on the part of the Lead Agency. Where there has been gross negligence or willful misconduct on the part of the Lead Agency, Work shall be corrected at the expense of the Lead Agency. F. AUDIT The Lead Agency shall permit Participating Agencies or agent(s) thereof from time to time (including after the expiration or termination of a Fiber Optic Proj ect Agreement), to inspect and audit at any and all reasonable times in King County, or at such other reasonable location as mutually agreed to by the Participating Agencies, all pertinent books and records of the Lead Agency, the subcontractors or any other person or entity in connection or related to the Fiber Optic Project with respect to the services provided, costs thereof, and the compensation paid therefor. G. LIMITATION OF LIABILITY The Lead Agency shall not be liable, in law or in equity, to the Facility Owner, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the Lead Agency. THE LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER, PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. H. INDEMNIFICATION The Facility Owners and Participating Agencies shall indemnify and save harmless the Lead Agency, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the I.,ead Agency in connection with this Agreement. 14 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 24 2.1.a If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. IV. RELATIONSHIP WITH FACILITY OWNERS A. PRINCIPLES FOR USE OF CITY OF SEATTLE FACILITIES Seattle Facilities may be used for fiber sharing projects consistent with principles adopted by the Seattle City Council in Resolution 29076. Facilities, such as utility poles and Utilidors, which are currently available for use by non -City entities shall comply with all requirements of the City agency which owns them. Use of a Facility shall be engineered to maximize the reasonable additional htture use of such Facility, e. g., guy wire to facilitate future co -lashing. The project cost shall include all fees and charges for the use of the Facility. 2. The General Terms and Conditions do not authorize use of any other City of Seattle Facilities such as conduit, ducts and vaults unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City of Seattle Underground or Transmission Facilities. Shared fiber projects which utilize City poles and Utilidors shall be limited for use only by governmental and public educational agencies and institutions and shall be used for governmental and public educational purposes only. 4. Use of Overhead Transmission Facilities is not authorized in a Fiber Optic Project Agreement unless specifically authorized by the City Council and a specific Addendum is attached hereto. The Facility Owner has final approval of planning, engineering, design, material, and maintenance for all portions of a Fiber Optic Project on or within its Facilities. B. APPROVALS 15 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 25 2.1.a All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owners. In all agreements with contractors, the Facility Owner(s) may require the Lead Agency to require such contractors to attend a pre -construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights -of -way has authority to stop Work or require that inadequate Work be corrected. C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS Co -location In choosing to co -locate any components of a Fiber Optic Project in Facilities, the Participating Agencies acknowledge and accept all risks, such as the possibility of electrical fires that may damage components of a Fiber Optic Project, that are associated with having components of the Fiber Optic Project co -located with such Facilities. Participating Agencies explicitly understand that these risks include bearing all costs, except such costs caused by the gross negligence or willful misconduct of the Facility Owner, including but not limited to: provision of alternate communication paths needed by the Participating Agencies, loss of Participating Agency business and restoration of their fiber systems if they are damaged. 2. Easements Participating Agencies acknowledge that existing easements may not be warranted for this purpose. 3. Right of Entry Agreements Participating Agencies specifically acknowledge the risks associated with use of Facilities where entry is based on right of entry agreements negotiated for the Fiber Optic Project. D. ACCESS TO AND USE OF FACILITIES The Lead Agency shall obtain access to and use of Facilities from Facility Owners for the purpose of installing, maintaining and repairing components of the Fiber Optic Project, subject to Facility availability as determined by the Facility Manager, and any and all conditions specified by the Facility Owner. 16 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 26 2.1.a E. BUILDING ENTRANCES In the event that a Building Entrance owned or controlled by one of the Participating Agencies is not usable for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components, the Lead Agency has the responsibility for making alternative arrangements for building access with a building owner. The expense associated with an alternative Building Entrance shall be borne by the Participating Agencies utilizing the building. F. MODIFICATIONS TO FACILITIES At the Lead Agency's request, the Facility Owner may make modifications to Facilities to facilitate building access for the Fiber Optic Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Manager. Costs for such modifications shall be paid by the Lead Agency and reimbursed by the Participating Agencies utilizing such Facilities. All modifications to Facilities shall be subject to die review and approval by the Facility Owner and Participating Agencies during design and construction. If the Lead Agency is responsible for the construction of the Fiber Optic Project subject to this Agreement, any unauthorized modifications must be corrected subject to Section HI.E at the expense of the Lead Agency. G. RELOCATION OF FIBER OPTIC CABLE The Lead Agency will work with the Facility Owner to make a good faith effort to ensure that the Fiber Optic Cable utilizing Facilities is routed in such a manner as to minimize the likelihood of future relocation. However, upon notice from the Facility Owner that relocation is required, the Lead Agency shall work with the Facility Owner to ensure timely relocation of such Fiber Optic Cable. The Facility Owner has the right of pre -approval and post -construction acceptance of any work required either to remove cable from Facilities or to place cable in alternative Facilities. Notice Except for emergency situations, .the Facility Owner will give the Lead Agency at least one hundred twenty (120) days notice to relocate any components of the Fiber Optic Project located within or 17 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 27 2.1.a on Facilities. 2. Relocation When relocation is required, the Facility Owner may, when possible, provide substitute Facilities within or on which the Participating Agencies may relocate the Fiber Optic Cable. H. PAYMENT TO FACILITY OWNERS Reimbursements The Facility Owner shall submit invoices to the Lead Agency during the progress of the Work for reimbursement for Work completed to date. a. For Performance of Work The Lead Agency shall reimburse Facility Owner(s) for all costs incurred by the Facility Owner(s) in the performance of Work necessary for the installation and operation of the Fiber Optic Project. In addition to reimbursement for direct costs of labor and materials incurred in the performance of Work necessary for the installation and operation of the Fiber Optic Project, the Facility Owner(s) shall be reimbursed by the Lead Agency for Indirect Costs as may be called for in the agreement for use of Facilities between the Lead Agency and the Facility Owner. b. For Relocation The Lead Agency shall reimburse Facility Owner(s) for all direct and verifiable costs associated with any relocation unless the costs of relocation of any cables of the Fiber Optic Project located within or on Facilities are borne by a third Party. In addition to reimbursement for direct costs of labor and materials incurred for such relocations, Facility Owner(s) shall be reimbursed by the Lead Agency for Indirect Costs as may be called for in the agreement for use of Facilities between the Lead Agency and the Facility Owner. 2. Annual Facility Use Payment By December 31 of each year, the Facility Owner will submit to the 18 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27.2010 Packet Pg. 28 2.1.a Lead Agency a bill and supporting documentation for the annual payment for Facilities utilized by the Fiber Optic Project as of that year. Fees shall commence on the effective date of the document authorizing use. Payment Invoices shall be submitted by the Facility Owner to the Lead Agency. All amounts due to the Facility Owner under this Agreement shall be paid by the Lead Agency within sixty (60) days of the date of the invoice from the Facility Owner. The Facility Owner may elect to assess an interest fee of 0.033% for each day payment is late, and may consider the Participating Agencies in default if any amount is not paid to the Facility Owner by the due date. 4. Disputed Payments If a dispute arises as to any funds due to the Facility Owner under the terms of this Agreement, the Participating Agencies shall pay the disputed amount into an escrow account pending the outcome of the dispute. The Participating Agencies may agree to allocate interest; if no such agreement can be reached, the interest will accrue to the benefit of the substantially prevailing party. I. LIMITATION OF LIABILITY Facility Owners shall not be liable. in law or in equity, to the Lead Agency, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of the Facility Owner. THE FACILITY OWNER SHALL NOT BE LIABLE TO THE PARTICIPATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTER- RUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. J. RIGHTS OF PROPERTY Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to convey to the Participating Agencies any property 19 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 29 2.1.a rights in Facilities. Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to compel a Facility Owner to maintain any of its Facilities for a period longer than is necessary for its own service requirements. In the event that Facilities are abandoned by the Facility Owner, the Participating Agencies may remain in such Facilities at their own risk, subject to the approval of the Facility Owner. K. INDEMNIFICATION Except as limited below, the Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners, their officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event there has been gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. L. DEFAULT Any of the following circumstances shall be considered an event of default, and based upon such default, the Facility Owner may, by written Notice of Termination (Section VI.E. & Termination) to the Participating Agencies, suspend or terminate its Agreement with the Lead Agency effective as of the date specified by the Facility Owner in the Notice: The Lead Agency's failure to perform the Work within the time specified, or any authorized extension thereof; 2. The Lead Agency's failure to satisfactorily perform Work in conformance with the Fiber Optic Project Agreement and/or to the satisfaction of the Facility Owner; 3. In the event the Facility Owner deems that the Lead Agency's performance or failure to perform will jeopardize the integrity of its systems and/or Facilities. 20 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 30 2.1.a Upon the Facility Owner's identification of default, the Facility Owner may elect to give written notice to the Lead Agency to correct the default. The Facility Owner shall provide immediate telephonic notice to correct the default followed by a facsimile, to the Lead Agency. The Lead Agency shall provide immediate telephonic notice, followed by a facsimile, to Participating Agencies of any notice from a Facility Owner of such default, suspension or termination. The Lead Agency shall have seven (7) days, or such longer period after receipt of notice of default as the Facility Owner may authorize in writing, to submit to the Facility Owner a written plan for convective action. If the Lead Agency fails to respond with a written plan for corrective action that is mutually acceptable to the Participating Agencies or if the Lead Agency fails to adhere to the plan for corrective action, the Facility Owner may transmit the termination notice. No notice of termination for reason of default will be effective without first providing the Lead Agency with such written notice of default. Upon receipt of a notice of termination, except as otherwise directed by the Facility Owner, the Lead Agency shall cease Work under the Fiber Optic Project Agreement on the date specified in the notice and waive all claims for profits and damages caused by such cessation; provided, however, unless an emcn ency exists, as defined by the appropriate facility Owner authority, that the (late of termination shall not be less than ten (10) days from the date such notice of termination is received. In the event the Facility Owner terminates a Fiber Optic Project Agreement as provided in this clause, the Facility Owner may perform Work by whatever method it may deem expedient to protect its Facilities. In such case, expenses incurred by the Facility Owner for protecting its Facilities shall be charged to, and subject to Section III.E., paid by the Lead Agency. V. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS A. RESPONSIBILITY The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement, General Terms and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. However, each contractor shall be held liable for any negligence caused by its performance or failure to perform the work under the Project Agreement or any contracts with the Lead Agency. B. APPROVALS 21 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 31 2.1.a All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owner(s). In all agreements with contractors, the Lead Agency may require such contractors to attend a pre - construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights -of -way has authority to stop Work or require that inadequate Work be corrected. C. INSURANCE Prior to undertaking any work under any Fiber Optic Project Agreement, the Lead Agency shall ensure that all contractors, at no expense to the Lead Agency, Participating Agencies and Facility Owner(s), have obtained and filed with the Lead Agency, acceptable evidence of a policy or policies of insurance as enumerated below. The insurance shall contain the following types of coverages and minimum dollar limits: a. Commercial General Liability: A policy of commercial general liability insurance, written on an occurrence form, including all the usual coverage known as: ® Premises/Operations Liability Products/Completed Operations ® Personal/Advertising Injury ® Contractual Liability 1 Owners and Contractors Protective Liability ® Employers Liability (Stop Gap) Explosion, Collapse and Underground Property Damage (XCUI) (as applicable) ® Watercraft, owned and non -owned (as applicable) APollution Liability Insurance Such policy(ies) shall provide the following minimum coverage: Bodily Injury and Property Damage - $1,000,000 per occurrence, $2,000,000 annual aggregate. If any policy required under this subsection is written on a claims -made form, the retroactive date shall be prior to or coincident with the date of this Agreement. The policy shall state that coverage is "claims made", and state the retroactive date. The contractor shall maintain such policy continuously 22 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 32 2.1.a in force for a period of twenty-four (24) months following the completion date, and the contractor shall annually provide the Lead Agency with proof of renewal. If renewal of the claims -made form of coverage becomes unavailable, or economically prohibitive, the contractor shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the Lead Agency to assure financial responsibility for liability for services performed, which shall run at least through the end of this twenty-four (24) month period. b. Commercial Automobile Liability: A policy of Commercial Automobile Liability, including coverage for owned, non - owned, leased or hired vehicles. Such policy shall provide the following minimum coverage: Bodily Injury and Property Damage - $1,000,000 per accident/occurrence C. Workers' Compensation: Contractor agrees at all times to comply with all applicable workers`ei compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. Such workers® compensation and occupational disease requirements shall include coverage for all employees suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of the agreement between the contractor and the Lead Agency (gContracn&), 2. If the contractor's insurance contains a deductible (or self -insured retention amount) the contractor shall: a. disclose such amount, and b. be responsible for payment of any claim equal to or less than the deductible (or self -insured retention amount). Any deductible or self -insured retention must be disclosed and is subject to approval by the Lead Agency. 3. The above policy or policies, endorsements thereto, and subsequent renewals shall: a. Be subject to approval by the Lead Agency as to company, 23 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 33 2.1.a form, and coverage. The insurance carrier shall be: ® rated A-:VII or higher in the A.M. Best's Key Rating Guide, ,#0' licensed to do business in the State of Washington, or be ® filed in the State of Washington as surplus lines by a Washington Surplus Lines Broker. b. Be primary to all other insurance the Lead Agency, Participating Agencies, and Facility Owner(s) may obtain, and C. Be maintained in full force and effect at no expense to the Participating Agencies and the Facility Owner(s) for a period of twenty-four (24) months following the completion date, and d. Protect the Participating Agencies and Facility Owner(s) within the policy limits from any and all losses, claims, actions, damages and expenses arising out of or resulting from the contractor's performance or lack of performance under the "Contract", and e. Name the Participating Agencies and Facility Owner(s) as an additional insured, on and ISO form (CG2010 or CG 2026), including its officers, elected officials, employees, agents, and volunteers, and f. Include a "Separation of Insureds" or "Severability of Interests" provision (whether by endorsement or otherwise) indicating that, except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, the insurance shall apply: as if each party insured thereunder (whether as a named insured, additional named insured or additional insured) were the only party insured by such policy(ies), and separately to each insured against whom a claim is made or a suit is brought. g. In accordance with RCW 48.18.290, the coverages provided by this policy for this Fiber Optic Project shall not be terminated, reduced or otherwise materially changed without 24 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 34 2.1.a providing at least forty-five (45) days prior written notice to the Lead Agency. Failure of the contractor to comply with any of the terms of these insurance provisions shall be considered a material breach of this Contract and, at the option of the Lead Agency, shall be cause for such action as may be available to the Lead Agency under other provisions of the Contract documents or otherwise in law, including immediate termination of the Contract. To ensure compliance with the terms of this document, all contractors shall provide an executed Contract Bond in the amount specified in the Fiber Optic Project Agreement, with a surety or sureties who are acceptable to the Participating Agencies and the Facility Owner(s). This bond shall remain in full force and effect through acceptance of the Work. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire without prior thirty (30) days written notice being given to the Lead Agency. E. NONDISCRIMINATION AND AFFIRMATIVE ACTION During the performance of Work, the Lead Agency, for itself, its assignees and successors in interest, agrees as follows: 1. The Lead Agency shall not allow any contractor to discriminate against any employee or applicant for employment because of age, sex, race, religion, creed, color, ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their creed, religion, race, color, sex, age, national origin, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruit-ment, or recruitment advertising, layoff or termination, rates or pay or other forms of compensation, and selection for training, including apprenticeship. 2. The contractor shall, prior to commencement and during the term of its contract, furnish to the appropriate enforcement entity in the Lead Agency's governmental agency upon his/her request and on such form as may be provided by that entity therefor, a report of the affirmative action taken by the contractor in implementing the terms 25 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 35 2.1.a of these provisions, and will permit access to his/her records of employment, employment advertisements, application forms, other pertinent data and records requested by the enforcement entity for the purpose of investigation to determine compliance with this provision. If, upon investigation, the enforcement entity finds probable cause to believe that the contractor has failed to comply with any of the terms of these provisions, the Participating Agencies shall be so notified in writing. The Lead Agency shall give the contractor an opportunity to be heard, after ten (10) days notice. If the agency concurs in the findings of the enforcement entity, it may suspend the contract and/or withhold any funds due or to become due to the contractor, pending compliance by the contractor with the terms of these provisions. 4. Failure to comply with any of the terms of these provisions shall be a material breach of the contract. The foregoing provisions, (1.) through (4.), will be inserted in all contracts for Work covered by the Fiber Optic Project Agreement. F. WOMEN'S AND MINORITY BUSINESS UTILIZATION The Lead Agency will make every effort to utilize women's business enterprises and minority business enterprises in any contracting. The Lead Agency will require that its contractors and subcontractors will make every effort to utilize women's business enterprises and minority business enterprises. The Lead Agency will maintain records reasonably necessary for monitoring its compliance with the provisions of this section. VI. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ALL FIBER OPTIC PROJECT AGREEMENTS A. LAWS, LICENSES, AND PERMITS General Requirement All Work done under a Fiber Optic Project Agreement shall comply with all applicable federal, state, and local laws, and all rules, regulations, orders, and directives of the administrative agencies and officers thereof. Licenses, Permits and Similar Authorizations 26 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 36 2.1.a The Participating Agencies represent and warrant to the owners of rights -of -way and to Facility Owners that they shall have and maintain in effect at all times all necessary franchises, licenses, permits, consents and easements from federal, state and local authorities and the owners of rights -of -way and private property. The Participating Agencies will comply with all requirements thereof to install, construct, maintain, operate and remove any fiber optic installation(s). B. PERFORMANCE STANDARDS Each Participating Agency will perform all of its obligations under a Fiber Optic Project Agreement in a reasonable and timely manner. The standard for such performance will be the normal industry standard in the relevant market. Where any Participating Agency's approval, satisfaction, authorization, or similar approbation is required, such approval, satisfaction, authorization, or similar approbation will be forthcoming in a timely manner and will not be unreasonably withheld. C. SUBJECT TO LAWS All Fiber Optic Project Agreements are subject to all applicable federal, state, and local laws, and regulations, rulings and orders of governmental agencies. Any Participating Agency may terminate its obligations under a Fiber Optic Project Agreement if ordered to do so by the final order or filing of a court or other governmental agency or if such order or ruling would make it impossible for any Participating Agency to carry out its obligations under this Agreement. If required by the final order of a court of competent jurisdiction, upon the issuance of such order stating that the rights of use or access to an Owner's Facilities is unlawful, the Lead Agency shall immediately terminate work associated with the use or access and the Lead Agency shall remove all violating appurtenances. In addition, if at any time during the term of this Agreement, the action of a governmental agency requires modification of terms and conditions of the Agreement in order to meet legal requirements, or renders performance by any Participating Agency unreasonable, the Participating Agencies will enter into negotiations to achieve an equitable adjustment of any increased costs or liabilities incurred by any Party as a result of such required modification. The preceding section shall not apply to a court order determining that the Participating Agencies' use violates a private easement. Facility Owners have no actual knowledge of any restriction in their agreements with third parties which would prohibit the Participating 27 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27. 2M Packet Pg. 37 2.1.a Agencies' use of Facilities as contemplated herein. The Participating Agencies recognize that the Facility Owners have done no special searches or investigations with respect to restrictions in their agreements with third parties that may affect the use of Facilities as contemplated by the Fiber Optic Project Agreement. D. TERM Fiber Optic Project Agreements shall become effective upon the execution of all Participating Agencies, and unless terminated in accordance with the provisions of Article VI.E �, Termination, shall continue up to a term of twenty (20) years. One year prior to the expiration of this twenty-year period, the Participating Agencies shall in good faith negotiate a renewal Agreement for an additional twenty-year period or terminate their participation according to the provisions in this Agreement. As a starting point for negotiations of a renewal Agreement, the Participating Agencies will use the Fiber Optic Project Agreement as the framework for further negotiations. Under the terms of any renewal Agreement, the Participating Agencies shall continue to make payments to Facility Owners for use of Facilities and to make other payments specified in the Fiber Optic Project Agreement. Terms and conditions of existing Fiber Optic Project Agreements that have expired shall remain in effect until superseded by a new Agreement. E. TERMINATION 1. For Cause Any Participating Agency may terminate a Fiber Optic Project Agreement in the event that another fails to perform its obligations as described in this Agreement, and such failure has not been corrected to the reasonable satisfaction of the other in a timely manner after notice of breach has been provided to such other Party. 2. Notice Notice of termination shall be given by the Participating Agency terminating the Agreement to the others not less than thirty (30) days prior to the effective date of termination. F. FORCE MAJEURE 28 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 38 2.1.a Any Participating Agency may suspend a Fiber Optic Project Agreement without recourse by another where performance is rendered impossible or impracticable for reasons beyond such Participating Agency's reasonable control, such as, but not limited to, acts of nature, war or warlike operations, civil commotion, riot, labor dispute including strike, walkout, or lockout, sabotage, or superior governmental regulation or control. G. NO WAIVER No term or provision hereof shall be deemed waived or consented to, and no breach excused unless such waiver or consent shall be in writing and signed by the Participating Agency claimed to have waived or consented. Failure of a Participating Agency to insist upon strict performance of, or that Participating Agency's waiver of, any of the terms, conditions, or obligations of either the General Terms and Conditions or a specific Fiber Optic Project Agreement, shall not be a waiver of any other term, condition, covenant or obligation, or of any subsequent default by breach of the same or other term, condition, covenant or obligation contained herein. H. SEVERABILITY In the event any section, sentence, clause, or phrase of the General Terms and Conditions or a specific Fiber Optic Project Agreement is adjudicated to be invalid or illegal by a court of last resort and of competent jurisdiction, the remainder of the General Terms and Conditions or of a specific Fiber Optic Project Agreement shall be unaffected by such adjudication and all other provisions shall remain in full force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been included herein. The Participating Agencies agree to then negotiate in good faith the replacement section, sentence, clause, or phrase which is legal and most closely represents the original intent of the Participating Agencies. I. RIGHTS CUMULATIVE The rights and remedies of the Participating Agencies provided for under the General Terms and Conditions or under a specific Fiber Optic Project Agreement are in addition to any other rights and remedies provided by law_ The failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not exclude or waive the right to use another. 29 Terns and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 39 2.1.a J. CONTRACTUAL RELATIONSHIP The General Terms and Conditions do not constitute the Participating Agencies as the agent or legal representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. K. HEADINGS The titles of sections are for convenience only and do not define or limit the contents. L. APPLICABLE LAW AND VENUE All Agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the State of Washington, and venue of any action brought hereunder shall be in the Superior Court for King County. M. BINDING EFFECTS The provisions, covenants and conditions in the Gcncral Terms and Conditions and in any specific Fiber Optic Project Agreement apply to bind the Participating Agencies, their legal heirs, representatives, successors, and assigns. N. ASSIGNMENT No Participating Agency or Lead Agency shall assign its rights or assign its duties under a Fiber Optic Project Agreement without the prior written consent of the other Participating Agencies, which consent shall not be unreasonably withheld. O. NOTICES All notices and other materials to be delivered hereunder, shall be in writing and shall be delivered or mailed to addresses as identified in the Fiber Optic Project Agreement. P. NON -EXCLUSIVITY This is a non-exclusive arrangement. 30 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 40 2.1.a Q. MODIFICATION OR AMENDMENT No modification to or amendment of the provisions of the General Terms and Conditions or of any specific Fiber Optic Project Agreement shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to the Fiber Optic Project Agreement. The Participating Agencies expressly reserve the right to modify any agreement, from time to time, by mutual agreement. R. ATTORNEY FEES AND COSTS In the event legal action is taken or commenced among the Participating Agencies hereto, declaratory or otherwise, for the enforcement of any of the covenants, terms, or conditions of this Agreement, the substantially prevailing party shall be entitled to its costs and reasonable attorney fees as determined by the trial and appellate courts. Costs and reasonable attorney fees shall include, but not be limited to, reasonable attorney fees, paralegal and legal support staff expenses, costs of arbitration, mediation, expert witnesses, exhibits, reasonable investigations, and reimbursement for all time, expense, and overhead of all substantially prevailing party personnel or consultants assisting in the legal action or responding to or investigating a claim or demand. S. ARBITRATION/MEDIATION If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through direct discussions, the Lead Agency, Facility Owner or Participating Agencies agree to first endeavor to settle the dispute in an amicable manner by mediation, before resorting to arbitration. Thereafter, any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this paragraph precludes any Lead Agency, Facility Owner or Participating Agency from seeking relief from King County Superior Court should mediation or arbitration efforts be unsuccessful. ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTC) 31 Terms and Conditions for Sharing of Fiber Optic Installation Projects July 27, 2010 Packet Pg. 41 2.1.a EXHIBIT A CITY OF SEATTLE FACILITIES I. GENERAL CONDITIONS FOR ACCESS TO AND USE OF CITY FACILITIES A. All City of Seattle Facilities Permission to Enter Access to Facilities shall be allowed only aver the Facility Owner has been notified per item 2., below, and permission has been granted by the Facility Owner. 2. Requests for Access All requests for access to Facilities must be made through the appropriate City Facility Manager or designee in writing (facsimile acceptable), and shall be subject to the restrictions and conditions in this Agreement. In the event of an emergency, requests for access may be made in person or by telephone. In such cases, prompt written documentation of the request will follow. 3. City Buildings If the Lead Agency desires to utilize space in any City building, the Lead Agency shall comply with the restrictions and conditions specified by the designated building manager. 4. Conformance to Regulations Access to and use of any Facility shall be in conformance with all codes, regulations and requirements. 5. Acknowledgment and Acceptance of Risks In choosing to co -locate any components of a Fiber Optic Project with City Facilities, the Participating Agencies acknowledge and accept all risks, including but not limited to excessive heat or fires that may damage components of the Fiber Optic Project that are associated with having components of the Fiber Optic Project co - located with City Facilities. Al ExhihitA: City of Seattle Facilities July 27. 2010 Packet Pg. 42 2.1.a B. City Department Facilities, Other than City Light Priority Protection The Lead Agency shall make the protection of the telecommunications, traffic control and street -lighting Facilities the highest priority when working in City Department Facilities or in proximity to City Department Facilities where such proximity could directly affect the functioning of the Facilities. The Participating Agencies will not through their action or knowing inaction compromise such protection. 2. Priority Restoration Restoration of telecommunications, traffic control, and street - lighting services shall be given the highest priority in the event that any of these services and the Participating Agencies' telecommunication services are interrupted at the same time, unless otherwise agreed to by the City and the Participating Agencies at the time of restoration. In the event of an outage, the City shall promptly work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of any such necessary City services. The City shall not cut or otherwise damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of telecommunications, traffic control and street lighting systems. Underground Facilities Use of Underground Facilities is not authorized in a fiber Optic Project Agreement unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City of Seattle Underground or Transmission Facilities. II. PROCEDURES FOR CITY OF SEATTLE FACILITIES A. Engineering, Design, and Maintenance Upon execution of a Fiber Optic Project Agreement, the Participating Agencies and Facility Owners shall review and revise planning, engineering, design, installation, and maintenance procedures for the Fiber Optic Project. The procedures will be subject to the approval of the Facility Owners. A2 Exhibit A: City of Seattle Facilities July 27, 2010 Packet Pg. 43 2.1.a B. Access The Lead Agency shall notify the appropriate City Department at least two (2) working days before access to any City Department facility is desired. The affected City Department will respond to requests for access from the Lead Agency at least twenty-four (24) hours prior to the requested start time, indicating whether access has been granted as requested, access has been delayed or access has been denied. 2. The City shall make every effort to provide access to Facilities during the times requested by the Lead Agency. However, the City may not be able to accommodate all requests, and the Lead Agency will need to plan accordingly. All access to City Facilities by the Lead Agency or its contractors must be coordinated with the appropriate authority staff designated by the City's Facility Manager(s). The Lead Agency and its contractors must comply with whatever conditions for access to City Facilities that are specified by designated Facility Managers. C. Project Control City staff shall be authorized to stop Work on installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if City staff determine that the Work in question would or could potentially cause electrical hazards to workers or problems with the electrical system, telecommunications, traffic control or street -lighting systems. Such problems include, but are not limited to future City Work, present crowded conditions, future load growth on the City Light system, and the specification or installation of non-standard equipment, materials and/or supplies by the Lead Agency. III. ANNUAL PAYMENT TO THE CITY FOR USE OF FACILITIES On an annual basis, the Lead Agency shall make an annual use payment to the Facility Owner. Regardless of the Ownership of Fiber Optic Cable, the Lead Agency shall pay the Facility Owner for the use of Facilities in or on which Fiber Optic Cable has been installed by or on behalf of the Participating Agencies pursuant to a Fiber Optic Project Agreement. Charges for Maintenance Hole, Handhole, Vault and Duct/Conduit occupancy shall be established by applicable City rate ordinance. A3 Exhibit A: Cfty of Seattle Facilities Jury 27, 2010 Packet Pg. 44 2.1.a ref: FinAdmin Ord/Agrrnt No_ 2 (FSFOIP.GTC) A4 Exhibit A: City of Seattle Facilities July 27, 2010 Packet Pg. 45 2.1.a EXHIBIT B SEATTLE CITY LIGHT FACILITIES I. GENERAL CONDITIONS Seattle City Light reserves the right to determine if work in or on its Facilities may be performed by contractors. All contractors hired by the Lead Agency to work within or on Seattle City Light Facilities shall be subject to approval by Seattle City Light. In all agreements with contractors, the Lead Agency may require such contractors to attend a pre -construction meeting with the Seattle City Light to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that Seattle City Light has authority to stop Work or require that inadequate Work be corrected. A. Priority Protection of the City's Electrical System The Lead Agency shall make the protection of the City's electrical power system the highest priority when working in Seattle City Light Facilities or in proximity to Seattle City Light Facilities. The Lead Agency will not through his/her action or knowing inaction compromise such protection. B. Priority Restoration The restoration of electrical service shall have the highest priority in the event that both Seattle City Light's electrical system and the Participating Agencies' telecommunications services are interrupted, unless otherwise agreed to by City Light and Participating Agencies at the time of restoration. In the event of an outage, Seattle City Light shall expeditiously work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of all necessary electrical service. Seattle City Light shall not cut or otherwise damage the Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of electrical service. H. REQUIREMENTS FOR USE OF FACILITIES A. Overhead Transmission Facilities Use of Overhead Transmission Facilities is not authorized in this Fiber Optic Project Agreement unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City of Seattle Underground or Transmission Facilities. B1 Exhibit B; Seattle City Light Facilities Jury 27, 2010 Packet Pg. 46 2.1.a B. Overhead Distribution Facilities 1. The Participating Agencies shall be subject to restrictions that are specified in any applicable franchise, easement, and right-of-way agreements that City Light has with any entity located within or outside of the Seattle City Light Service Area. 2. The Lead Agency shall conduct at its own expense, whatever analyses Seattle City Light deems necessary to determine whether any modifications need to be made to its Overhead Distribution Facilities before Fiber Optic Cable can be safely attached to these Facilities. 3. The Lead Agency shall install Fiber Optic Cable Splices in accordance with industry standards. 4. The Lead Agency shall comply with Seattle City Light's Pole Attachment Policy (DPP 500 P III-804) and shall complete a Master Pole Attachment Agreement. C. Underground Facilities Use of Underground Facilities is not authorized in this Fiber Optic Project Agreement unless such use is specifically authorized by the Seattle City Council pursuant to the Addendum Authorizing Use of City Of Seattle Underground or Transmission Facilities. Charges for Maintenance Hole, Handhole, Vault, and Duct/Conduit occupancy shall be established by applicable City rate ordinance. D. Substations Where the Lead Agency terminates Overhead Optical Ground Wire in Substations, such terminations shall be on Dead-end Towers unless otherwise authorized in writing by Seattle City Light. III. PROCEDURES FOR SEATTLE CITY LIGHT FACILITIES A. Engineering, Design, and Maintenance Upon execution of a Fiber Optic Project Agreement, the Participating Agencies and Seattle City Light shall review and revise planning, engineering. design (includes material specifications). installation. and maintenance procedures for the Fiber Optic Project. The procedures will be B2 Exhibit B: Seattle City Light Facilities July 27. 2010 Packet Pg. 47 2.1.a subject to the approval of Seattle City Light. All materials used must be approved by Seattle City Light prior to installation. B. Access The Lead Agency shall notify Seattle City Light at least two (2) working days before access to any Seattle City Light facility is desired. City Light will respond to requests for access from the Lead Agency at least twenty-four (24) hours prior to the requested start time, indicating whether access has been granted as requested, access has been delayed or access has been denied. 2. Seattle City Light shall make every effort to provide access to Facilities during the times requested by the Lead Agency. However, Seattle City Light may not be able to accommodate all requests, and the Lead Agency will need to plan accordingly. All access to Seattle City Light Facilities by the Lead Agency or its contractors must be coordinated with the appropriate authority designated by Seattle City Light's Facility Manager(s). The Lead Agency and its contractors must comply with the conditions for access to Seattle City Light Facilities that are specified by designated Facility Managers. 4. All installations within or on Seattle City Light Facilities by the Lead Agency, Participating Agencies or their contractors may require the presence of a Safety Observer. A Seattle City Light Safety Observer shall be used whenever a Lead Agency, Participating Agency or their contractors will perform Work: a. In a substation or switchyard; b. Intermittently in an energized Vault, Maintenance IIole or Handhole (NOTE: Intermittent work is performed in segments lasting only one month or less.); or Installing duct, Vaults, Maintenance Holes or Handholes intermittently in the vicinity of energized underground cable (two (2) feet on either side of "marked for locate" conductors). B3 Exhibit B: Seattle City Light Facilities July 27. 2010 Packet Pg. 48 2.1.a At Seattle City Light's option, the Lead Agency, Participating Agencies or their contractors may be allowed to supply their own qualified (as defined in the Seattle City Light Safety Observer Policy) electrical Safety Observers for continuous work only in (b) or (c). C. Project Control Seattle City Light staff shall be authorized to stop Work on installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if Seattle City Light determines that the Work in question would or could potentially cause electrical hazards to workers or problems with the electrical system, telecommunications, traffic control or street -lighting systems. Such problems include, but are not limited to future City Light Work, present crowded conditions, future load growth on the Seattle City Light system, and the specification or installation of non-standard equipment, materials and/or supplies by the Lead Agency. IV. INSTALLATION STANDARDS FOR SEATTLE CITY LIGHT FACILITIES All installations within or on Seattle City Light Facilities by the Lead Agency, Participating Agencies, or their contractors require the presence of a Safety Observer. A. Substation Any Optical Ground Wire or self-supporting aerial installed by the Participating Agencies which terminates in Substations shall be terminated on dead-end towers. Only clamps designed for optical ground wire shall be used. Optical ground wire shall be routed down a leg of the dead-end structure and supported as designated by the Seattle City Light Engineering Services Division. Fiber termination shall be in a Splice box mounted on the dead-end tower as specified by the Seattle City Light Engineering Services Division. Conduit shall be installed up to the Splice box to pen -nit routing of a connecting cable between the Splice box and the Substation control building. B4 Exhibit 8: Seattle City Light Fatalities July 27, 2010 Packet Pg. 49 2.1.a 2. Any of the Participating Agencies' Fiber Optic Cable in Seattle City Light Substations shall be terminated on connectorized patch panels. Patch panels and electronic equipment shall be located on existing communication racks, or on new communication racks as specified by the Seattle City Light Engineering Services Division. Routing of the Participating Agencies' Fiber Optic Cables into and within Seattle City Light substations shall be as directed by the Seattle City Light Engineering Services Division. B. Overhead Distribution Facilities In addition to the provisions of the Master Pole Attachment Agreement, the following requirements shall apply to all such installations: Climbing space. The "back", hereinafter defined, of the pole shall be kept clear for climbing space and shall not rotate around pole from quadrant to quadrant. The back of the pole shall mean the side opposite the "setting gain" or "brand" which is on the face of the pole 10 feet (Telecommunications Company set) or 12 feet (City Light Department set) from the butt end of the pole. The back of the pole shall also mean the convex side of the pole which has a natural sweep or curve from end to end. 2. Service drops shall not be permitted in the climbing space, and drops shall not be installed just beyond this space. A 36" space rather than a 24" space along the lead shall also be required. (Refer to Table 10, Section 236, State of Washington Electrical Construction Code.) The vertical height of installations is to be determined from ground level rather than from the existing power secondary as the secondary is subject to relocation. 4. Non-metallic Conduit, PVC or equal, shall be required for vertical risers attached to the pole above telephone or other attachments. Conduits on poles shall not be located in the climbing space. In case of questions concerning the location of a Conduit, City Light Department, upon request, will make a field determination. 6. The Lead Agency shall also conform to all future and to any existing installation rules, regulations or requirements that may be promulgated in writing to the Participating Agencies by Seattle City Light. B5 Exhibit B: Seattle City Light Facilities Juty 27, 2010 Packet Pg. 50 2.1.a C. Requirement to Relocate Facilities, Other than Overhead Notwithstanding any provision in this Agreement, Seattle City Light Department may require that Participating Agencies' Fiber Optic Project facilities be relocated or removed from City Light Department facilities. If, following notification (consistent with Section TV_G_ 1.) to relocate or vacate, the Participating Agencies fail to relocate or remove their facilities in a timely manner, Seattle City Light may enforce one or more of the following options: Seattle City Light may require the Participating Agencies to construct, or have constructed, alternate facilities such as vaults, maintenance holes, ducts, and conduits for Seattle City Light's use in lieu of relocating their facilities. Seattle City Light may impose a fee of two -thousand dollars ($2,000) per day for each day that the Participating Agencies' Fiber Optic Facilities remain in place after the date specified in the Facility Owner's request to relocate/remove. Seattle City Light may assume ownership of the Participating Agencies' Fiber Optic Facilities. 4. Seattle City Light may remove the Participating Agencies' Fiber Optic Facilities and charge the costs, including direct and indirect costs, to the Participating Agencies. ref: FhAdmin OrdAAgrmt No. 2 (FSFOIP GTC) B6 Exhibit B: Seattle City Light Facilities July 27, 2010 Packet Pg. 51 2.1.a ADDENDUM 1: AUTHORIZING USE OF CITY OF SEATTLE UNDERGROUND OR TRANSMISSION FACILITIES This addendum to the General Terms and Conditions provides for the use of The City of Seattle's Underground Facilities, including conduit, ducts, etc. The following material shall be added to Section IV.D of the General Terms and Conditions: Any placement of fiber in Seattle City Light Underground Facilities must comply with all provisions of City Light Policies and Procedures for Duct/Vault Use. The following material shall be added to Section IV.H of the General Terms and Conditions: H. PAYMENT TO FACILITY OWNERS C. For a Portion of the Cost of Duct, Maintenance Hole and Vault Upgrades and Changes The Lead Agency shall reimburse Facility Owners for their respective share of the cost of upgrading Ducts, Maintenance Hole and Vaults that contain components of the Fiber Optic Project. In addition to reimbursement for direct costs of labor and materials incurred in the maintenance of the Fiber Optic Project, the Facility Owner shall be reimbursed by the Lead Agency for Indirect Costs. The following material shall replace section I.B.3 of Exhibit A to the General Terms and Conditions: B. 3. Underground Facilities, Other than Seattle City Light a. The appropriate City Department shall have complete authority over duct assignment to the Lead Agency. b. The Lead Agency shall install, if not already installed, inner duct in all Seattle City Department Conduit under the following conditions: Addendum 1-1 Addendum 1: Authorizing Use of City of Seattle Underground or Transmission Facilities July 27, 2010 Packet Pg. 52 2.1.a Any Conduit utilized by the Lead Agency must be filled with inner duct to the maximum extent feasible, up to a maximum of four one -inch inner ducts. ii. An inner duct must be installed in any Conduit utilized by the Lead Agency and shall become the property of that City Department. iii. The appropriate City Department must approve in writing both the type and the color of any inner duct installed by the Lead Agency. iv. All inner duct that is installed must have pull strings, unless the inner duct has Fiber Optic Cable(s) in it. Splices, loops, coils or fiber termination equipment shall not be placed in City Underground Facilities or in Building Vaults unless authorized by the appropriate City Department. Penetrations of Building Vault walls must be done in accordance with applicable fire codes and standard construction practices. The following material shall be added to Exhibit B to the General Terms and Conditions: C. Fiber Optic Cable Composition The Lead Agency shall install only readily available Dielectric Cable within or on underground Facilities. All Fiber Optic Cable to be installed shall be approved by Seattle City Light prior to installation in Seattle City Light Facilities. Cable installed without this approval shall be removed by the Participating Agencies upon request from Seattle City Light. Optical Ground Wire, self-supporting cable or messenger -supported cable may be used on Overhead Transmission Facilities and Overhead Distribution Facilities as mutually determined by the Participating Agencies and the City. II. C. Underground Facilities 1. Seattle City Light shall have complete authority over duct assignments, racking and placement of cables in maintenance holes, vaults and handholes. The Lead Agency shall comply with Addendum 1-2 Addendum 1: Authorizing Use of City of Seattle Underground or Transmission Facilities July 27, 2016 Packet Pg. 53 2.1.a any such assignments and placement direction. Ownership of Seattle City Light Underground Facilities containing any Fiber Optic Project materials shall remain with Seattle City Light. 2. The Lead Agency shall install, if not already installed, inner duct in all Seattle City Light conduit in which the Participating Agencies install Fiber Optic Cable subject to the following conditions: a. Any Conduit utilized by the Lead Agency must be filled with inner duct to the maximum extent feasible, up to a maximum of four one -inch inner ducts. b. An inner duct must be installed in any Conduit utilized by the Lead Agency. C. Seattle City Light must approve in writing both the type and the color of any inner duct prior to installation by the Lead Agency. d. All inner duct that is installed must have pull strings, unless the inner duct has Fiber Optic Cable(s) in it. All inner duct installed shall become the property of Seattle City Light. 3. Splices, loops, coils or fiber termination equipment shall not be placed in City Light Department Underground Facilities or in Building Vaults. Penetrations of Building Vault walls must be done in accordance with applicable fire codes and standard construction practices. V. Backup Facilities In recognition of the critical nature of the telecommunications services to be provided via the Fiber Optic Projects being constructed and used under this Agreement, the Participating Agencies shall attach to each Project Agreement written backup/alternative communication plans that will be used by the Participating Agencies in the case of Fiber Optic system failure, relocation requests or service interruptions or any other reason that arise from being co - located with Seattle City Light facilities. ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTG) Addendum 1-3 Addendum 1: Authorizing Use of City of Seattle Underground or Transmission Facilities July 27, 2010 Packet Pg. 54 2.1.a ADDENDUM 2: SPECIAL TERMS AND CONDITIONS FOR AGREEMENTS WITH THE UNITED STATES GOVERNMENT This Addendum modifies the Terms and Conditions of the Model Agreement for Fiber Sharing Projects in which the United States Government, by and through the General Services Administration (hereafter referred to as GSA), is either a Facility Owner, Lead Agency or Participating Agency. The modifications are necessary due to the special requirements of federal statutes or federal administrative policies. Unless otherwise noted, these modifications override the Terms and Conditions of the Model Agreement for Fiber Sharing Projects. All parties to a fiber project in which GSA is either a Facility Owner, Lead Agency or Participating Agency shall agree to these modifications in their entirety. The following paragraph will supplement the provisions of Section II, Relationships Among Participating Agencies, Paragraph B., Principles: The GSA, as an agency of the United States government, intends to participate in the fiber optic project to the fullest extent practicable. As such, if and when additional moneys are necessary, beyond those agreed to at the start of each project, the United States government intends to pay such prorated share of these additional expenses, calculated in accordance with Model II of this agreement. The request for additional moneys will be presented to the United States government in the form of a `claim' as described in the attached Federal Acquisition Regulations (FAR), Clause, 52.233-1, Disputes. The term "Contractor" referred to in the text of the attached FAR would either be the Facility Owner or the Lead Agency or both, whichever is applicable. Il. The following paragraph will supplement the provisions of Section II, Relationships Among Participating Agencies, Paragraph I., Taxes: The GSA, as an agency of the United States government, is exempt from the payment of any federal, state or local taxes. As part of any fiber project, the Facility Owner, Lead Agency or Participating Agencies agree not to assess the GSA for any federal, state or local taxes. Addendum 2-1 Addendum 2 Spec -al Terms and Conditions For Agreements With the UnCed Slates Government July 27, 2010 Packet Pg. 55 2.1.a III. The following paragraph will supplement the provisions of Section II, Relationships Among Participating Agencies, Paragraph J., Payments: The GSA, as an agency of the United States government, will make payments in accordance with the Prompt Payment Act, Public Law 31 USC 3 90 1, as amended. Payments for services under this agreement will be made by the United States Government only in arrears. IV. The following paragraph will replace the provisions of Section III, Relationships Among Participating Agencies and the Lead Agency, Paragraph H., Indemnification as follows: H. Save Harmless Except as limited below, the Facility Owners and Participating Agencies shall save harmless the Lead Agency, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event that there has been gross negligence or willful misconduct by the Lead Agency in connection with this Agreement. If any claim arises to which this provision may be applicable, the Facility Owner shall, immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies, who shall not unreasonably withhold such consent. The United States Government cannot indemnify another entity or agency for any reason (Antideficiency Act, 31 U.S.C. 1341, Adequacy of Appropriations, 41 U.S.C. 11). The resolution of any claims against the United States Government under this Agreement will be done in accordance with the Contract Disputes Act of 1978, Public Law 41 USC 601-611, as amended. V. The following paragraph will replace the provisions of Section IV, Relationship With Facility Owners, Paragraph K., Indemnification as follows: K. Save Harmless Except as limited below, the Lead Agency and Participating Agencies shall save harmless the Facility Owner, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event that there has been gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this provision may be applicable, the Facility Owner Addendum 2-2 Addendum 2: Special Terms and Conditions For Agreements With the United States Government July 27, 2010 Packet Pg. 56 2.1.a shall, immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or otherwise compromise such claim without the prior written consent of the Participating Agencies, who shall not unreasonably withhold such consent. The United States Government cannot indemnify another entity or agency for any reason (Antideficiency Act, 31 U.S.C. 1341, Adequacy of Appropriations, 41 U.S.C. 11). The resolution of any claims against the United States Government under this Agreement will be done in accordance with the Contract Disputes Act of 1978, Public Law 41 USC 601-613, as amended. VI. The following paragraph will replace the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph D., Term: Fiber Optic Project Agreements shall become effective upon the execution of all Participating Agencies, and unless terminated in accordance with the provisions of Article VI. E - Termination, shall continue in effect for a term of ten (10) years. One year prior to the expiration of this ten year period, the Participating Agencies shall in good faith negotiate a new Agreement for a ten (10) year period. As a starting point for negotiations of an Agreement, the Participating Agencies will use the Fiber Optic Project Agreement as the framework for further negotiations. Under the terms of any Agreement, the Participating Agencies shall continue to make payments to Facility Owners for use of Facilities and to make other payments specified in the Fiber Optic Project Agreement. VII. The following paragraphs will supplement the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph E., Termination: 3. The GSA, as an agency of the United States government, has the right to terminate this Agreement, in whole or in part, in accordance with the attached Federal Acquisition Regulation (FAR), Clause 52.249-6, Termination (Cost Reimbursement). The term "Contractor" referred to in the text of the attached FAR would either be the Facility Owner or the Lead Agency or both, whichever is applicable. VIII. The following paragraphs will replace the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph L., Applicable Law and Venue: All agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the United States of America and the Addendum 2-3 Addendum 2: Special Terms and Conditions For Agreements With the United States Government July 27, 2010 Packet Pg. 57 2.1.a laws of the State of Washington. The venue of any action brought hereunder shall be in the United States Federal District Court, Western District of Washington at Seattle. IX. The following paragraphs supplements the provisions of Section VI, Additional Terms and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph S., Arbitration/Mediation: Any dispute arising under this Agreement will be subject to the Contract Disputes Act of 1978, Public Law 41 U. S.C. 601-613. During the pendency of a dispute, the parties shall not be excused from performance of this Agreement. ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTC) Addendum 2-4 Addendum 2: Special Terms and Conditions For Agreements With the United Statea Government July 27, 2010 Packet Pg. 58 2.1.a w W N a 0 U Y m 0 ++ L Z X L W A♦ W m ELL r C 0 �U C Q M N 0 N r z a ` c Z U 3Q�I Y k W s Jaqj E U M N Q � A y 1� O f FI9 ' ° U m Y U F � R O laq!A p N N N N T pp M M eQ.f T N N rl O 'I �O IO O C 7 L a L 73 6 y y [/. 'J� J N _ O V: ✓: V; y y y :/I f Vi V; f V: V: U1 V) r y L: N Y _ _ __ N r _ t� r n .- T N t•I P P N N N m N _ c C 7 E = F p z G K _ _-v G Q = C fi t 7 _ s a sd - Z C =iv U o c _ n E yi L 0 d V IY G k W N »w '1 1 i �'1 U Chi, -A. 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Y. 69 64 69 � 6? 69 FP, f5 � 69 69 h � fP fA ffi 69 N fq T F En A — o�— ❑ O- 4'l S mL4- o _ `o c � � = O o Z 7 7 - J - o _ zo oo r r o ~O - - oo _ _ _ .. _ ❑ _ n Y c a m = _ - - - a - In JW ) < ,/1 - = L ;� Y - v 0 N O N M, cM r Cl) O N O N z Ix w U) a O U Y `I w CD C o N Cl) ~I � cu CL LL N O U Cl) N O N co Packet Pg. 61 2.1.a NZ w W N a O V Y Q M N C) N r C {� rn a = m 3 4 W E W W �aql, I � O p N Q UI n V N r N V N 1.1 C o c pi F T. �4 9 a c a ry 69 n bq O 405 � C 509 G05 00 r 69 P � OJ O 605 OW � FP �s Q Y r V1 - � a — L - z z W z m —J > LL Z U o v> > c y N > V Q c L o V N ¢ ` °d ❑ in .= U V N L ate.. U) m U Z U J _ C C 6) L- J LL °a C E = o g c o o Z c d w a o m `o z m m e z, . 0 v. r F_ c 'o ❑ > LL co m w 0 r c Nw W U) � x > —_ `m _ a t a c) H g d m ..z d< m _? -' z Z t r W to o n o o o a o 0 0 -=U < U) gE I 10 U m t r m �9 �� U p U co U f/J U U o. W U) W mW V) c L to p. W U) ao W o 0) m C ? < < to < x rn Y Y En a a 0 a a n a 1 a = :e u .I 5 U v 0 IT N O N M m Cl) 0 N O N Z m Lu U) a_ O o m d. H a) I -2 EL LL cn O U O U m N O N_ m Packet Pg. 62 2.1.a z�/ w W a 0 V Y n n a o In a o a a — W VJ W y N G � •= y N N N N N N b9 V. N N N N fA N M Y n o c c o v o � Q � C ° o F U o z m `- X N N N 9 d N `p e c .� •� m F � e � o000 N � z u r�i� � L N e n v W fi N m Q O 3u yN x � J a N - O N C H � 'o m c7 In O p O co >. :2 61 - E m aci z Lij o C C N a�cn z - S t c 2 U U Z W N w w O 2 a= G y U N C v 0 It N O N Tip CO LO Cl) O N O N z w a O A w O C O cc cc Lf) N IL LL En O U co .O w t O X O Lu E �I E (DI U) E 7 � � a)C = � to Q Y Packet Pg. 63 2.1.a w W li 0 Y m 0 t y X L W L � N t�0 � L C 0 wU � L a� a N O N N r/i N O N O N> :? G v Y E O Lzi Y � - O O ry lG N m E O ti C U 0 r :s R N N O d A C N U C N N tu m m H N 2 w Y U F. _ �e U L C R fn a U N U N 3 tC`E ~ � .T^ x to fh fh b9 (s9 2 fA J •-• O N _ y Cw R R L y L w O v w w % _ •� � •a E Lo m E R ��zg •_ � � e � CC �� E en iai L R14 S CA G F _ - V = Z a R F D [i z pI 0 0 i � D � 4 i n N • O N N f Y. N C 9 D E t C G O O C O U U U U U U U N 2 IL It 0 It N C) N TV M IV Cl) C) CV O N zzN w W a. En O U N cn cu N J N O IL \:3 cu O U M N O N m CD L = X O W E �� E EI � i C = N -0 = -O 'L Q Y E k� a Packet Pg. 64 2.1.a 2 Y Packet Pg. 65 2.2 City Council Agenda Item Meeting Date: 05/14/2024 Presentation to Award Construction Contract to Granite Construction Company for 2024 Overlay Program Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to the consent agenda for approval. Narrative This project is a continuation of the City's efforts to rehabilitate and preserve its roadway network by paving various area streets. This year's project will use both a combination of roadway, water, sewer, and stormwater utility funds to pave approximately 5.3 lane -miles of City streets. On April 25, 2024, the City received four construction bids for the 2024 Overlay Program. The bids ranged from a low of $1,461,544.75 to a high of $1,776,702.00. The bids have been tabulated and are attached as Attachment 2. JB Asphalt, Inc. submitted the apparent low bid of $1,461,544.75, but a review of their bid form found irregularities that rendered their bid non- responsive. Granite Construction Company submitted the low responsive bid in the amount of $1,510,649.50. The engineer's estimate was $1,644,788.50. A review of the bidder's record has been completed and responses are positive. The project costs are being funded by REET (Funds 125 & 126), Water Utility Fund (Fund 121), Stormwater Utility Fund (Fund 422), and Sewer Utility (Fund 423). A project construction budget is attached as Attachment 3. Construction is expected to begin in June and be completed in August. Attachments: Attachment 1 - 2024 Overlay map Attachment 2 - Bids Attachment 3 - Budget Packet Pg. 66 City of Edmonds Maabook 2.2.b Bid Tabs - 2024 Overlay Program Engineer Granite Lakeside Icon JB Asphalt Schedule ATotalEs 1.294,586.00 1,21U.2i1.5u S 1,340,928.00 S 1.422.236.00 1.174.593.00 Schedule B Total38 565.00 S 44,025.04, S 38.026.00 S 54,455.00 S 33.1.15.75 F Schedule C Total311,637 50 S 256.373.041 S 294,561.00 S 300,011.00 S 253,806.1H) GRAND TOTALL644,788.50 S 1,510,649.50 5 1,673,515.00 S 1,776,702.00 S 1.461.544.75 Attachment 2 c N L 0 rt+ V M r 5 0 0 U c 0 T d Ca Bid Opening 4/2;,'14-1071f AM Packet Pg. 68 2.2.c ATTACHMENT 3 2024 Overlay Program ESTIMATED CONSTRUCTION BUDGET BUDGET I STREET I WATER I STORM I SEWER I TOTAL Contract Award $ 1,163,388 $ 231,249 $ 95,929 $ 20,084 $ 1,510,650 Construction Management, Inspection, & Testing (15%) $ 174,510 $ 34,690 $ 14,390 $ 3,010 $ 226,600 Management Reserve (10%) $ 116,340 $ 23,120 $ 9,590 $ 2,010 $ 151,070 TOTALS $ 1,454,238 $ 289,059 $ 119,909 $ 25,104 $ 1,888,310 CONSTRUCTION FUNDING FUNDING I STREET I WATER I STORM I SEWER I TOTAL Fund 112 - Street $ - $ - Fund 125 - REET 1 $ 727,119 $ 727,119 Fund 126 - REET 2 $ 727,119 $ 727,119 Fund 421 - WATER $ 289,059 $ 289,059 Fund 422 - STORM $ 119,909 $ 119,909 Fund 423 - SEWER 1 $ 25,104 $ 25,104 TOTALS $ 1,454,238 $ 289,059 $ 119,909 1 $ 25,104 $ 1,888,310 E M L O L a m O N O N L O U fC L C 0 U c O L W 0 U M 3 Q 0 c 0 0 c a� d L a c 0 N (D r as 0 m w a Packet Pg. 69 2.3 City Council Agenda Item Meeting Date: 05/14/2024 Presentation to Award Construction Contract for the 2024 Utility Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to the consent agenda for approval Narrative This project is part of the City's water, sewer and storm annual programs to replace and upgrade existing water lines, storm lines, sewer lines and associated appurtenances at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or have some other existing system deficiency. The project will replace or rehabilitate storm and sewer piping with associated services, and structures as well as water piping with associated services and hydrants at various locations around the City. On April 2 and April 9, 2024 the project was advertised for construction bids. Construction bids were opened April 23, 2024. The bids ranged from a low of $4,873,111.85 to a high of $6,138,233.66. The engineer's estimate was $6,040,000.00. Shoreline Construction submitted the low responsive bid of $4,873,111.85. A review of the low responsive bidder's record was completed and it was positive. Construction is expected to begin in June and be completed in the spring of 2025. The project costs are being funded by the 421, 422, 423 Utility Funds respectively. Breakdown of values is included in the attached construction budget and funding attachment. Attachments: Attachment 1 - Project Map Attachment 2 - Budget and Funding Packet Pg. 70 lvtp�i City of Edmonds SEWER REPLACEMENT I 2.3.a I Ow oP IC. V\E W O"�k PUGET DR �— z - w a x 524 F- CASPERSST c D � m Q �O j 4MAIN Q WALNU 1 ST 17 N a ROwf)O�N wAY T 196TH ST SW o EDMONDS x S S5 SIkLT `58 T27'l 1 I r� �9r y Lu LYNNWOOD 00 1Z 208TH 5T SW `l l I LA) II I 212TH S I SW Ir• w < r, G SHT11 < xl— l I S41T13 IhT14 526 T27N S25 220TH STSW S24T27N R R' E � QP S o, C, ESPERANCE �P • 0r 226TH PL SW U > 228TH STSW WOODWAY a { .1 0 0 IF SHORELINE (104 < 99 T pop r < rr •MOUNTLAKE I syr ;o 84 E �— 238TH STSW FDMONDS Wqy .fHSTSW — — -- — - TERRACE ,-SHT;I T& 2 T27A, R4E r' LAKE BALLINGER WAY Legend Sections Edmonds Boundary ArcSDE.GIS.STREET_CEN' <all other values, Interstate Principal Arterial Minor Arterial Collector Local Street; On Ramp State Highways <all other values> 0 y 2 County Boundary Parks ArcSDE.GIS. PROP ERTY_11 ArcSDE.GIS. PROP ERTY C ArcSDE.GIS. PROP ERTY C City of Edmonds J City of Lynnwood City of Mountlake Terrac Unincorporated King Co; City of Woodway y City of Arlington; City of 1 City of Gold Bar; City of ( M City of Marysville; City of Mukilteo; City of Snohorr Town of Darrington; Tow ! Snohomish County i Counties ArcSDE.GIS. PROP ERTY V 1:24,249 O Control Script failed 0 Control Script Control Feet LScaleBarDistance �..1 _... —i cfor This map is a user generated static output from an Internet mapping site and is for HalfDistance control reference only. Data layers that appear on this map may or may not be accurate, , Yg@�,1984_Web_Mercator_Auxiliary_Sphere , Source= current, or otherwise reliable. r && t1Et@fl5qygRa,ds HalfDistanceCalc _ScaleBarDist ance2, THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Packet Pg. 71 2.3.b 2024 Utility Replacement Project Proposed Construction Budget Description Amount Contract Award $ 4,873,111.86 Contract Award Management Reserve (15%) $ 730,966.78 Construction Management, Inspection & Testing (15%) $ 730,966.78 Total = $ 6,335,045.42 Construction Funding Funding Amount Water Fund $ 2,798,302.01 Storm Fund $ 1,136,395.00 Sewer Fund $ 2,400,348.41 Total = $ 6,335,045.42 Funding Available Fund 421- Water Replacement $3,300,000 Fund 422 - Storm Replacement $1,377,000 Fund 423 - Sewer Replacement $2,005,000 Fund 423 - Phase 4 CIPP $522,000 Total Funds Available (Fund 423) $2,527,000 Packet Pg. 72 2.4 City Council Agenda Item Meeting Date: 05/14/2024 Presentation of PSA with consultant, Rock Project Management Services LLC (ROCK), for Capital Projects Construction Management, Engineering & Inspection Services Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to consent agenda for approval. Narrative The City issued a Request for Qualifications (RFQ) in January, 2024 to hire a consultant to support City staff with construction management, engineering and inspection services for various City funded capital projects that are scheduled to begin construction in 2024 and 2025. The City received statements of qualifications from four engineering firms and the selection committee chose ROCK to provide services during construction based on their qualifications, experience and approach. The City has negotiated a consultant fee of $454,978. This agreement will allow ROCK to provide services for the 2024 Annual Utility Replacement Project for which there is not enough staff to perform field inspections and contract administration assistance during construction. This contract will be funded as applicable by each respective project's utility fund. Attachments: Attachment 1 - Agreement Packet Pg. 73 2.4.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 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Rock Project Management Services, LLC hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide construction management and inspection services with respect to the 2024 Annual Utility Replacement Project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: I . Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of FOUR HUNDRED FIFTY-FOUR THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS ($454,978). 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. 1 Packet Pg. 74 2.4.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. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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. CM SVCS.ROCK PSA 2 Packet Pg. 75 2.4.a Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. CM SVCS.ROCK PSA 3 Packet Pg. 76 2.4.a 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he/she/they has/have not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. CM SVCS.ROCK PSA 4 Packet Pg. 77 2.4.a 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: Rock Project Management Services, LLC 1601 E Valley Rd, Suite 110 Renton, WA 98057 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. ROCK PROJECT MANAGEMENT SERVICES, LLC Bernie O'Donnell, President CM SVCS.ROCK PSA 5 Packet Pg. 78 2.4.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 Bernie O'Donnell 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: CM SVCS.xoCx PSA 6 Packet Pg. 79 2.4.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. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. CM SVCS.ROCK PSA 7 Packet Pg. 80 2.4.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 Vl, 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). CM SVCS.ROCK PSA 8 Packet Pg. 81 2.4.a EXHIBIT A SCOPE OF WORK AND FEE FOR SERVICES Scope of Work for Construction Management and Inspections Services 1. Provide (1) full-time construction inspector and (1) on -call construction inspector to assist City staff with daily field inspections for the City's 2024 Utility Replacement Project and other related storm, water, and sewer replacement and trenchless rehabilitation capital projects that are scheduled to begin construction in 2024 and 2025. The role of the (2) construction inspectors is to administer and/or inspect these projects on site, during the construction phase. 2. The specific scope of services consists of the following services: a. Provide construction inspectors to assist City staff with daily field inspections. b. Observe material, workmanship, and construction areas for compliance with the Contract Documents and applicable codes and notify construction Contractor of noncompliance. Promptly notify the City of any non-conformance work observed during site assessments. c. Prepare Inspector Daily Reports (IDRs) and field notes in compliance with the City and WSDOT requirements. Provide the City with completed IDRs by the following workday. The IDRS shall include, at a minimum, a description of the work performed by the Contractor and subcontractors, approximate quantities of materials installed, log of Contractor equipment and staff, traffic control observations, weather conditions, and any observed problems or construction issues. Include project construction photos of traffic control set-up and work activities during the course of construction. Photographs will be in digital format and catalogued by date and time. d. Inspectors shall coordinate with the City's Project Manager and provide project documentation as required by the City, including preparation and issuance of IDRs utilizing the City's inspection program, Headlight. Maintain document filing and tracking systems, following City guidelines and meeting funding requirements. Collect, organize, and prepare documentation on the Project. e. Perform contract administrative procedures related to RFIs, Material Submittals, Change Orders, Schedule review, and Progress Pay Estimates. Provide weekly tracking Logs for Submittals, RFIs, material testing, force account payments, potential change orders, and certified payrolls. f. Prepare and maintain a Submittals Log and maintain the Record of Materials (ROM) that will be provided to the Contractor at the weekly coordination meeting. Consultant shall actively track status of submittals based on information provided by the City. The City will assign review of submittals. g. Maintain records of materials and quantities incorporated into the Project, including but not limited to all gravel, rock, concrete tickets and their respective Manufacturing Certificate of Compliance, and asphalt delivery tickets. Obtain Scaleman's Daily Reports or Scaleman's Certification from asphalt batch plant. h. Prepare the weekly statement of working days and provide the information at the weekly coordination meetings. Provide the weekly Statement of Working Day on the following Monday of each workweek. P Packet Pg. 82 2.4.a i. Prepare and maintain, on a weekly interval basis, a Request for Information (RFI) log that will be provided at the weekly coordination meeting with the Contractor. Actively track status of RFIs based on information provided by the City. j. Prepare and maintain, on a weekly interval, a materials testing log that identifies date, location, test type, test result and test specification for all testing performed during the project. k. Services shall comply with WSDOT LAG Manual, City of Edmonds Amendments to WSDOT Specifications, and material approval requirements. 1. Monitor and track certified payrolls, and City of Edmonds Apprentice Utilization Requirements. Provide documentation of Apprentice hour Tracking. m. Perform employee wage interviews at times to be determined by City staff. Verify Certified Payroll and compare to Wage Rate interviews. n. Coordinate public notification and construction activities with local businesses and residents, in consultation and coordination with City staff. o. Assist with project closeout activities. p. Attend weekly project progress meetings, pre -installation meetings, preconstruction meetings, and all site -specific safety meetings. q. Track force account work, documenting material quantities, equipment, and personnel performing all force account work. Prepare and maintain at a weekly interval, a Force Account Log that tracks, by number and date, all force account work performed by the Contractor. r. Any observed deficiencies or noncompliant work witnessed by the Inspectors shall be identified and reviewed promptly with the City's Project Manager or designee. s. Monitor daily the Contractor's traffic control procedures and implementation of the approved traffic control plans and collect and file the Contractor's Daily Traffic Control Summary Report. t. Monitor the Contractor's temporary erosion and sediment control procedures and systems and promptly notify the Contractor and City if erosion or sediment problems are observed within the Project limits. Collect and file the Contractor's Weekly Erosion Control Report. u. Monitor the Contractor's compliance with all permits provided to Consultant by the City. v. Review the Contractor's construction record drawings at a weekly interval in accordance with the Contract provisions. Track and record field changes on drawings and use information to verify the Contractor's construction record drawings. 3. Communicate regularly with the City's Project Manager or designee on a daily basis reporting on project progress, and to address any open or potential pending project matters that could impact overall project progress, quality of work, schedule, safety. 4. Provide services in a professional manner, safely, and in a collaborative manner while holding the contractor accountable for complying with the terms of their contract commitments. Inspectors are not authorized to stop work or approve additional work beyond the Contract without written direction from the City's Project Manager or designee. 5. Consultant shall not assign another employee, other than the employees identified in this scope of work, to perform field observations or contract administration services without prior P Packet Pg. 83 2.4.a written approval of the City. Consultant will submit a proposed personnel change to the City for review and approval if named staff are no longer available due to Project delay or suspension, or they leave employment with Consultant. Upon request by the City, the Consultant will replace any personnel from Project team within one week of the City's submittal of written request to remove an employee. Deliverables. Deliverables include but are not limited to the following: • Weekly Statement of Working Day — Provide on the following Monday of each work week • Weekly tracking logs for Submittals, RFIs material testing, force account payments, potential change orders, and certified payrolls. • Apprentice hour tracking. • Verification of Certified Payroll and Compare to Wage Rate Interviews. • IDRs with photos delivered on the following work day. • Field Note Records. • Force Account Documentation. Fee for Services The following compensation table represents the not -to -exceed fee for scope of services defined in the Contract Agreement. Monthly invoices shall be submitted at the end of each month to the City for payment. Invoices shall include timesheets of actual hours worked charged at the billable rates identified below for each employee. The (2) inspector positions consist of an inspector and senior inspector, and two backup alternates for each of those positions, to ensure reliable inspection services are provided in the event of unforeseen absences, sick leave, bereavement leave, or scheduled personal time off. Backup/Alternates rates are equal to or less than the primary's billable rate and calculated to be 10% of the total allocated working days for each primary inspector. Inspector No. 1 (primary and backup/alternate total) level of effort is equal to 230 working days, full-time 8 hours per day. Inspector No. 2 (primary and backup/alternate total) is assumed to be part-time, as needed, including 8 hours per day when needed, for extended periods of time, and is assumed to be a level of effort equal to 8 hour per day for 95 work days total. P Packet Pg. 84 2.4.a Inspector Role Employee Rate Hours Total Primary Inspector No.1 Josh Arlt $ 158 1656 $ 261.648 BackupiAlternate Inspector No.: Jason Suzaka $ 132 184 $ 24.288 Primary Senior Inspector No.2 Steve Sawyer $ 168 684 $ 114.912 Backup; Alternate Senior Inspector No.2 Anne Reese $ 168 76 $ 12.768 Direct Labor Total: S 413.616 10% Management Reserve: $ 41.362 Total Not -to -Exceed Contract Amount including unauthorized reserves: S 454.978 Qualifications. Clarifications and Assumptions: _. - :O;t management reserve amount is intended for additional services beyond the scope of work provided by Inspection services. orto cover PM needs for City staff - all of which requires written pre - authorization by the City. 2. Primary inspector and BackupiAlternate Inspector No. 1 total hours arethe sum of 230 working days. 8 hours perwork day. The Primary Senior Inspector No.2 and Backup; Alternate is assumed to be an on -call role as needed. when needed. for a total of 95 working days. A backup or alternate is identified for both inspector positions for unforeseen circumstances. absents. The primary is 90;t of the allocated time. and the backupiAlternate is 10?t of the allocated time. 3.Overtime beyond 5 days perweek. 8 hours per day is not included. Overtime beyond 8 hours per workday. or above40 hours perweek is chargable at a rate of 1.25 times the billable rate. There is no premium costs for night shift work unless it causes overtime conditions exceeding 8 hours in a single clay. or4O hours in awork week. 4. Hourly billable rates include all direct and indirect pay. benefits. payroll taxes. overhead and profit. travel. and business related expenses to performing the scope of services including personal protective equipment and clothing and office supplies. and computer hardware. 5. Headlight inspection software licensing is not included in the cost of services and are intended to be provided bythe City or reimbursed to Rock PM Services for Rock PM Services to provide licenses for inspectors' use. IDRswillbecompleted using Headlight. 6. Services to prepare drafts of monthly Pay Estimates are included in theworking days of Inspectors' services. The City will provide excel spreadsheets for these tasks. P Packet Pg. 85 2.5 City Council Agenda Item Meeting Date: 05/14/2024 Presentation of Supplemental PSA with Herrera for the Storm and Surface Water Comprehensive Plan Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On June 20, 2023, City Council approved a Professional Service Agreement with Herrera for Phase I of the Storm and Surface Water Comprehensive Plan (SCP). On January 16, 2024, an update was presented to City Council on the public engagement process and goals for the SCP. Staff Recommendation Forward item to consent agenda for approval. Narrative The SCP was last updated in 2010 and provides a road map for the operation & maintenance and capital programs of the City's Stormwater Utility as well as other actions to help reduce flooding and reduce the impact of stormwater runoff on surface waters. Phase I of the project included extensive outreach to residents and other stakeholders to shape the goals of the SCP. This $312,705 amendment provides funding to complete the SCP. The original $127,848 PSA included the tasks of: 1) Initial public engagement on community needs, 2) Development of storm and surface water program goals, and 3) A draft capital improvement plan for storm and surface water projects moving forward. These tasks are substantially complete. Attachment 2 is the presentation from the January 16, 2024 City Council meeting. This amendment will bring the total contract amount to $440,553 and include the following tasks: 1) Development of polices and identifying stormwater program needs to implement the goals; especially staying in compliance with the Dept. of Ecology Municipal Stormwater Permit, that is scheduled to be revised in 2024; 2) Updating the Stormwater Capital Improvement Plan; 3) Developing the Draft SCP that includes a financial plan to pay for the identified needs; 4) A second round of public engagement to get feedback on the draft SCP; 5) Finalizing the SCP. Attachments: Attachment 1 - amendment Attachment 2 - 1/16/24 presentation Packet Pg. 86 2.5.a of E D " 0� d CITY OF EDMONDS MIKE 121 5T" 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, Washington, hereinafter referred to as the "City," and Herrera Environmental Consultants, hereinafter referred to as the "Consultant," entered into an underlying agreement for Storm and Surface Water Management Comprehensive Plan Update services, dated June 26, 2023 ("Underlying Agreement"); and WHEREAS, the Underlying Agreement, at Section 1, provides the scope of work to be performed, referencing an attached Exhibit A which provides the scope of work details; and WHEREAS, the Underlying Agreement references an attached Exhibit B which provides the fee schedule for the work to be performed; and WHEREAS, Section 12 of the Underlying Agreement ("Changes/Additional Work") provides that changes to the scope of work and fee schedule will be effective only upon the approval of both parties of a written amendment to the Underlying Agreement; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing support to update the City's Storm and Surface Water Management Comprehensive Plan (SCP); and WHEREAS, the City and the Consultant have agreed to an expanded scope of work, as well as increased compensation and an update to the rates and cost reimbursement set forth in the Exhibit B fee schedule; NOW THEREFORE, in consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of June 26, 2023 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the Underlying Agreement is hereby amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A, incorporated by this reference as fully as if herein set forth. EUD.Herrera Amend 1 1 Packet Pg. 87 2.5.a 1.2 Pam. The $127,848 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 $312,705 for the additional scope of work identified in Exhibit A to this Amendment No. 1. As a result of this Amendment No. 1, the total contract amount is increased to a new total not -to -exceed amount of $440,553 ($127,848 plus $312,705). 1.3 Fee Schedule. Exhibit B to the Underlying Agreement consisting of the fee schedule is hereby amended to include the form set forth on the attached Exhibit B, incorporated by this reference as fully as if herein set forth. 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. I but only as set forth herein. DATED this day of CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney EUD.Herrera Amend 1 2 2024. HERRERA ENVIRONMENTAL CONSULTANTS, INC Theresa M. Wood, Vice President Packet Pg. 88 2.5.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 Theresa M. Wood, to me known to be the Vice President 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: E6FD.Herrera Amend 1 3 Packet Pg. 89 2.5.a (VAHERRERA - Science + Planning + Design EXHIBIT A. SCOPE O F WORK CITY OF EDMONDS STORM AND SURFACE WATER MANAGEMENT COMPREHENSIVE PLAN UPDATE - AMENDMENT 1 FOR PHASE 2 WORK The City of Edmonds (City) authorized Herrera Environmental Consultants (Herrera) to prepare a scope of work and cost estimate outlining services that Herrera will provide to support the update of the City's Storm and Surface Water Management Comprehensive Plan (SCP). Rebecca Dugopolski is Herrera's project manager for this project. Mike Del-illa is the City's project manager. This scope of services includes a discussion of the activities, assumptions, deliverables, and a schedule associated with Phase 2 of this project, which is anticipated to include the following: Task 2.1 — Project Management/Contract Administration....................................................2 Task 2.2 — Data Gaps and Needs Assessment...........................................................................2 Task 2.3 — Develop SCP Policies....................................................................................................4 Task 2.4 — Community Engagement (Phase 2)......................................................................... 5 Task 2.5 — Update the Stormwater Capital Improvement Project Plan .............................6 Task2.6 — Contingency....................................................................................................................9 Task 2.7 — Perform Financial Analysis........................................................................................10 Task2.8 — Develop SCP..................................................................................................................11 ProjectBudget...........................................................................................................................................15 DraftProject Schedule............................................................................................................................15 The Herrera team for Phase 2 of this project includes Herrera, Cascadia Consulting Group (Cascadia), WSP, and FCS Group. This is an amendment to the Phase 1 scope and budget approved by the Edmonds City Council on June 20, 2023. May 3, 2024 Page 1 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx w a HERRERA Packet Pg. 90 2.5.a SCOPE OF WORK Task 2.1 - Project Management/Contract Administration Herrera will be responsible for ongoing management and contract administration of this project, including preparing monthly invoices, as well as coordination of work efforts with the City's project manager (Mike DeLilla). Herrera's project manager and contract manager will have phone and e-mail contact with the City's project manager and other City representatives on an as -needed basis with regard to scope, schedule, budget, and invoicing. This task also includes regular check -in meetings between the Herrera and City project manager. These meetings are in addition to task -specific meetings outlined in previous tasks. Assumptions • Check -ins will occur on a monthly basis at a minimum, but can be scheduled more frequently (every 2 weeks) as needed. Meetings will be conducted via Microsoft Teams. • Herrera and the City will provide contact information for project manager back-ups should primary contact(s) be unavailable. Deliverables • Draft and final detailed schedule for Phase 2 (Microsoft Project) • Bi-weekly check -in meetings with City project manager and Herrera project manager • Monthly invoices and progress reports Task 2.2 - Data Gaps and Needs Assessment Subtask 2.2.1 - Define Stormwater Program Needs A kickoff workshop will be held with City staff from the Public Works & Utilities Department (including development review staff, engineering staff, and operation and maintenance [O&M] personnel). This workshop will help establish a mutual understanding of the City's stormwater program needs between the City and the Herrera team. Herrera will develop a simple questionnaire for City staff to complete before this meeting to guide the workshop discussion. May 3, 2024 Page 2 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx V a HERRERA Packet Pg. 91 2.5.a SCOPE OF WORK Workshop topics are expected to include the following: • Desired format or structure of SCP and implementation strategy • Asset management approaches • Interest in GIS tools • Climate change adaptations (including sea level rise and frequency of severe rain events) • Overall stormwater program status (what is working and where is there room for improvement) • Public and private development that has occurred since the 2010 plan, as well as planned development that will impact stormwater and surface water • Implementation tools to support integration with municipal code and Stormwater Addendum • Overall objectives for the City's stormwater program (e.g., beyond achieving regulatory compliance) Once input from City staff has been compiled and discussed, Herrera will use this information to identify and prioritize the City's needs and issues at a high level, laying the foundation for subsequent tasks. Subtask 2.2.2 — Prepare Data Gaps and Needs Assessment The Herrera team will use the results of the data review (Task 2 in the Phase 1 scope of work) and workshop (Subtask 2.2.1) to compare the status of stormwater program elements with regulatory drivers and internal City needs and requirements. Herrera will identify gaps in program coverage and work with the City to develop a plan that addresses those gaps. The Herrera team wil I assess options and needs to address gaps and needs in program coverage; such as additional funding, equipment, staffing, stakeholder concerns, budgetary needs, policy changes or updates, and planning considerations. The Data Gaps and Needs Assessment technical memorandum will document the City's existing stormwater program and identify gaps in the program as defined by the 2019-2024 and draft 2024-2029 National Pollutant Discharge Elimination System (NPDES) Phase II municipal stormwater permit (Phase II permit). The technical memorandum will be a supporting appendix to the SCP, with the key findings summarized in the body of the SCP. Herrera will also develop a compliance schedule for meeting the 2024-2029 Phase II permit requirements and identify where additional funding, equipment, and/or staffing is needed to support upcoming permit requirements. Assumptions • Up to four Herrera team members will participate in the Subtask 2.2.1 workshop with City staff One virtual workshop is assumed, lasting 3-4 hours long. May 3, 2024 Page 3 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx V a HERRERA Packet Pg. 92 2.5.a SCOPE OF WORK • The City will identify and invite other City staff to participate in the Subtask 2.2.1 workshop • The City will review a workshop questionnaire for Subtask 2.2.1, provided by the Herrera team, and provide consolidated feedback to the Herrera team. • Up to two virtual follow-up meetings will be scheduled with specific City and Herrera team staff to discuss different aspects of the stormwater program (that will be evaluated for this task) in more detail. • The Herrera team will develop draft workshop/meeting notes, summarizing the discussion during the Subtask 2.2.1 workshop and subsequent follow-up meetings. • This task does not include assistance with code amendments necessary to implement new programs (if applicable) or to meet new Phase II permit requirements. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. Deliverables • Draft and final workshop agenda for Subtask 2.2.1 (electronic [Word]) • Draft and final questionnaire for City staff for Subtask 2.2.1 (electronic [Word]) • Draft and final workshop notes for Subtask 2.2.1 (electronic [Word]) • Draft and final gap analysis and needs assessment technical memorandum for Subtask 2.2.2 (electronic [Word and PDF]) • Draft and final compliance schedule for the 2024-2029 Phase II permit requirements (electronic [Word or Excel]) Task 2.3 - Develop SCP Policies Herrera will work with the City to develop policies that are aligned with the goals developed during Phase 1 of the project. Assumptions • Two virtual working meetings will be scheduled with the City (up to 1 hour each) to review and finalize the SCP policies. • The budget from Task 3.0 (Develop Draft Goals and Policies) in Phase 1 will be used to support this task. No new budget will be added to support this task as part of Phase 2. May 3, 2024 Page 4 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx r a HERRERA Packet Pg. 93 2.5.a SCOPE OF WORK • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. Deliverables • Draft, revised draft, and final SCP policies (electronic [Word]) Task 2.4 - Community Engagement (Phase 2) The focus of Phase 2 Community Engagement is to obtain feedback on the Draft SCP to ensure the final version of the SCP meets the needs of the community. The following outreach activities are anticipated to be included in the public participation plan for the Phase 2 work: • Provide project updates on the SCP process to be published through the City website (City lead; Cascadia, and Herrera to provide comments) • Update handout/flyer for community events and the permit counter • Host two virtual public/stakeholder workshops (Cascadia and Herrera to lead; City staff to attend) • Facilitate a follow-up meeting with City staff (Cascadia and Herrera to lead; City staff to attend) • Participate in one Public Works Committee Meeting and two City Council meetings (Herrera to attend along with City staff) Changes to the scope of the Phase 2 community engagement based on the Phase 1 outcomes will be discussed and revised with the City and Herrera team. Alternative approaches can be implemented as needed within the budget allotted to this task or using Task 2.6 contingency budget. Assumptions • The City will prepare project web page updates related to the project. Cascadia and Herrera will provide review comments on the draft web page language. The City will be responsible for posting/publishing the status updates related to the project. • City staff will be responsible for advertising/outreach for the public/stakeholder workshops • Herrera will lead the preparation of PowerPoint slides for the public/stakeholder workshops with input from Cascadia. • No additional materials (e.g., handouts) are anticipated to be needed for the virtual public/stakeholder workshops. May 3, 2024 Page 5 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx V a HERRERA Packet Pg. 94 2.5.a SCOPE OF WORK • Preparation for each public/stakeholder workshop will include two 1-hour coordination meetings and one dry -run meeting led by Cascadia, with Herrera staff in attendance. • Up to four Herrera team staff (including up to two staff from Cascadia) will participate in the public/stakeholder workshops (assumed to be 1-2 hours long and presented virtually). Cascadia will provide the lead facilitator and IT support for the workshop. • Cascadia and Herrera will update the handout/flyer developed during Phase 1 for outreach at community events and the permit counter. City staff will be responsible for staffing the booth at these community events. • Herrera will attend and present an update at one Public Works Committee Meeting and two City Council meetings or work sessions. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods and City Council meeting/work session schedules. Deliverables • Review comments on draft language for the project web page • Updated handout/flyer for community events and the permit counter (electronic [PDF]) • Draft and final agenda for the public/stakeholder workshops (electronic [Word and PDF]) • Draft and final PowerPoint slides for the public/stakeholder workshops (electronic [PowerPoint and PDF]) • Draft and final meeting notes from the public/stakeholder workshops (electronic [Word and PDF]) • Facilitation of two virtual public/stakeholder workshops • Draft and final meeting notes from the follow-up meeting with City staff • Draft and final PowerPoint slides for the Public Works Committee Meeting and City Council meetings/work sessions (electronic [PowerPoint and PDF]) Task 2.5 - Update the Stormwater Capital Improvement Project Plan Building from the discussions and information gathered during Phase 1, Herrera will work with the City to evaluate specific flooding, water quality, and habitat issues and further develop solutions to incorporate into the Capital Improvement Project (CIP) plan. The focus of the work on this CIP plan will be on May 3, 2024 Page 6 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx r a HERRERA Packet Pg. 95 2.5.a SCOPE OF WORK developing and packaging solutions for up to nine projects (assumes two conceptual designs, two feasibility studies, three retrofit studies, and two system rehabilitation projects). Subtask 2.5.1 — Develop CIP Project Summaries and Cost Estimates Herrera will develop draft CIP summary sheet packages for up to nine projects from Phase 1. The packages will include a "project summary sheet" outlining the problem, proposed solution, and cost estimate assumptions; project concept design drawings for the two projects with conceptual designs; and cost estimates. Cost estimates shall be prepared in accordance with the City's estimating policy. Herrera will lead a meeting with City staff to discuss comments on the draft summary sheet packages. The Herrera team will document the CIP summary sheets using an online StoryMap. The StoryMap is anticipated to include CIP development information and have approximately three sequential pages: Identified general problems (text) and site -specific problem locations (map based) Solutions (map based) with a downloadable summary sheet Future studies and plans (text and map based) if the City chooses to include these projects in their CIP The StoryMap will be set up to be available for the public during the public review period of the SCP. The public facing StoryMap may be used to collect public input on the proposed CIP plan. Subtask 2.5.2 — Prioritize CIP Projects CIP prioritization helps ensure effective use of storm and surface water utility funding and optimized service to the citizens of Edmonds. Herrera has developed and applied quantitative and qualitative frameworks for CIP prioritization to ensure that priority problems are addressed first. Drawing from examples that have proven useful and effective for other municipalities in the region, we will develop a simple and clear CIP prioritization framework specific to the City that can be easily understood and therefore supported by other City staff and decision makers. This framework will include criteria such as problem severity, level of service, project costs, flooding reduction, coordination with other utility projects, improved water quality in total maximum daily load (TMDQ areas, habitat improvements, and community values. Clear and appropriate project prioritization and scheduling will simplify the process for adopting the CIP plan. A CIP Selection and Prioritization Technical Memorandum will document the method used to select CIPs, the prioritization process, and provide a prioritized list of CIPs with cost estimates and an implementation schedule. Project summary sheets will be included as an appendix to the report. Where preliminary May 3, 2024 Page 7 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx r VA a HERRERA Packet Pg. 96 2.5.a SCOPE OF WORK hydrologic modeling is used to determine preliminary sizing, model output reports will be attached to the CIP Selection and Prioritization Technical Memorandum. Assumptions • Project summary sheets will be developed, and cost estimates will be updated for up to nine projects. Conceptual designs will be developed for up to two CIPs. The nine CIPs are anticipated to include two conceptual designs, two feasibility studies, three retrofit studies, and two system rehabilitation projects. • Herrera will use parametric (itemized) estimating as the default method for developing CIP cost estimates for the two conceptual designs; however, analogous (top down) estimating may be used in cases where projects are a low priority or cost estimates are available for similar projects. Appropriate percentages will be applied for allied costs (e.g., design, geotechnical, construction management). • Where applicable, Herrera will provide recommendations for flow and water quality measurements to support future problem analysis and solution development. • Project concept design drawings for the two conceptual designs will primarily be developed in a plan view format in GIS. If a profile or detail view is needed, project concept design drawings may be developed in CAD. Photos provided by the City or simple maps will be used for the other seven project summary sheets. • Project summary sheets from the City's existing 2024 CIP/CFP list will be folded into the SCP, but formatting of the project summary sheets will not be updated for the SCP and cost estimates will not be updated. The list of existing CIP/CFP projects that will be folded into the SCP are expected to include PWD-01: Edmonds Marsh Water Quality Improvements, PWD-03: Perrinville Creek Flow Management Projects, PWD-04: Lower Perrinville Creek Restoration Phase 1, PWD-19: Annual SD Overlays (2024), PWD-22: 7317 Lake Ballinger Way Floodplain Purchase & Structure Removal, PWD-23: Perrinville Creek Basin Analysis Update), and PWD-11-16,18: Phase 4-10 Storm Maintenance Projects (2024-30). • Several projects led by others (e.g., Parks, Port of Edmonds, WSDOT/WSF, BNSF) will be listed in the SCP due to their importance to City residents, but project summary sheets and cost estimates will not be developed for these projects. • The CIP summary sheets and cost estimates will be subject to one round of review by the City. All City review comments will be synthesized by the City project manager and consolidated into a single set of comments. • City review comments will be provided within 4 weeks of project summary sheet and cost estimate submittal. May 3, 2024 Page 8 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx V a HERRERA Packet Pg. 97 2.5.a SCOPE OF WORK • Herrera will lead two virtual meetings that are each up to 2 hours long during this task to: 1. Discuss City comments on the draft summary sheet packages 2. Discuss City comments on the draft prioritization framework • Additional iterative project summary sheet and cost refinement may be performed as budget and schedule allows. • Herrera will develop the graphics and figures for the project summary sheets. • This task will not require any significant hydrologic or hydraulic modeling (i.e., no SWMM, HSPF, HEC-RAS). However, small-scale MGSFlood or WWHM modeling may be developed for BMP sizing if budget allows. • The StoryMap outlined in Subtask 2.5.1 is anticipated to convey the process and results of the CIP identification, development, and prioritization. Based on discussions with City staff over the course of this project, the content of the StoryMap may be revised to include only the CIP locations. Deliverables • Draft and final CIP Selection and Prioritization Technical Memorandum (electronic [Word and PDF]) • Draft and final versions of up to nine project summary sheets and cost estimates (electronic [PDF]) • Draft and final StoryMap describing the process and results of the CIP identification, development, and prioritization process. Task 2.6 - Contingency The nature of this project is such that additional technical needs may potentially arise that are pertinent to the overall scope of services. However, the specifics of these needs will not be known until some preliminary work has been accomplished. Examples could include: • Additional public/stakeholder workshops, City Council meetings, or other public meetings • Setting up a Konveio site for public comments • Developing additional concept designs for flooding projects May 3, 2024 Page 9 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx V a HERRERA Packet Pg. 98 2.5.a SCOPE OF WORK The Herrera team will provide additional services as requested by and authorized by the City, subject to amendment of the approved scope of services. The Herrera team shall submit a written scope and fee estimate for supplemental services not covered in previous tasks as may be requested by the City. The City shall provide written authorization to proceed with these services prior to any such work being performed by the Herrera team. Task 2.7 - Perform Financial Analysis Subtask 2.7.1 — Prepare Level of Service Scenarios FCS Group and Herrera will work with the City to define service levels for consideration and group the stormwater utility activities (from Task 2.2) and CIPs (from Task 2.5) by service area and level. Often these service levels include "existing," "regulatory compliance," "proactive," and sometimes "comprehensive." The Herrera team will estimate the costs of achieving each service level in each program service line. Subtask 2.7.2 — Develop Rate Recommendations FCS Group will use their existing rate model to evaluate the rate impacts of the capital and operating costs associated with each level -of -service scenario, summarizing any incremental rate increases that would be needed above the rates adopted in City Ordinance No. 4330. The rate recommendations will be summarized in a brief technical memorandum. Subtask 2.7.3 — Present to City Council FCS Group will help to support presentations to City Council if needed. This subtask includes support for up to four City Council meetings or work/Council Committee sessions. Assumptions • FCS Group will work with the rest of the Herrera team and the City to produce a draft level of service assessment for all SCP activities and projects. • Up to two Herrera team members will facilitate one virtual meeting to discuss and refine the draft level of service assessment. • FCS Group team members will meet with City staff up to three times (virtually via Microsoft Teams or Zoom meetings) to review and discuss the draft results. Herrera staff are not anticipating participating in these meetings. Following these review meetings, FCS Group will revise the analysis and finalize recommendations. May 3, 2024 Page 10 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx V a HERRERA Packet Pg. 99 2.5.a SCOPE OF WORK • One FCS Group team member will attend and present rate related information and recommendations at up to four City Council meetings or work/Council Committee sessions. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods and City Council meeting/work session schedules. Deliverables • Draft, revised draft, and final level of service matrix (electronic [Word/Excel]) • Draft and final rate recommendations technical memorandum (electronic [Word and PDF]) • Draft and final PowerPoint slides for the City Council meetings or work/Council Committee sessions (electronic [PowerPoint and PDF]) Task 2.8 - Develop SCP The SCP is intended to be a user-friendly technical and operational document that clearly communicates the current state, and recommended future ideal state, of the City's stormwater and surface water management systems and programs. This includes supporting data, analysis and rationale, predicted needs, prioritization criteria and results, and reasonable next steps to follow for continued progress. The SCP should be written in plain language for a public audience, provide regulatory and technical references and definitions where appropriate, and use well-defined graphics. Subtask 2.8.1 — Create SCP Outline and Organization The Herrera team will develop two or three optional formats for the City to consider for the SCP organization. For example, one format could include a streamlined SCP that references stand-alone modules. This format would allow the City to efficiently make changes to the underlying modules without having to revise the entire SCP, and sometimes without full review by City staff and approval by the City Council, allowing more efficient use of staff and Council time. The Herrera team will also consider any elements that might be included in the stand-alone modules that would not normally be included in the SCP. For example, the O&M program module could include links to protocols and checklists and design guidance (i.e., that are not part of the SCP). After an overall organizational structure is agreed upon, the Herrera team will develop a detailed annotated SCP outline for the City's review and approval. May 3, 2024 rd edmonds_scp_phase2_scope_final_20240503.docx Page 11 of 17 r a HERRERA Packet Pg. 100 2.5.a SCOPE OF WORK Subtask 2.8.2 — Develop Draft and Final SCP Early development of the SCP outline (Subtask 2.8.1) will help the City and Herrera team discuss and clarify expectations for the SCP structure and organization. As the Herrera team develops the SCP content, City staff will be consulted frequently on the outline and evolving draft SCP. This writing process will help the SCP address all aspects of the City's stormwater management program, using a clear structure that works for users and other SCP stakeholders. Assumptions • The Herrera team will develop a limited number of graphics for the SCP, such as maps, tables, and figures. The budget estimate includes development of up to six original graphics and up to six maps. The City may also provide graphics and maps to the Herrera team for incorporation into the SCP. • The City will provide photographs to include in the SCP to supplement photographs from the Herrera team. • This task includes up to three 2-hour virtual meetings to address the following topics: o Comments and questions on the revised draft SCP outline o Comments and questions on the internal review draft SCP o Comments and questions on the public review draft SCP • Meeting notes will not be prepared for the virtual meetings. Redlines and comments stemming from the virtual meetings will be incorporated into the working draft of the SCP shared by the City and the Herrera team. • The City will provide a consolidated set of comments on each draft of the SCP using tracked changes and comments in Microsoft Word or PDF, or a shared online document format. • The goal is for the main text of the SCP to be concise and streamlined (e.g., 50 to 60 pages for the main text). Additional supporting documentation (e.g., technical memorandums developed for this project) can be incorporated into the SCP as appendices. • No City Council or public meetings are included in this task. These are included in Task 2.4 (Community Engagement). • The SCP will not be converted into Adobe InDesign until the final SCP. The Adobe InDesign version of the SCP is intended to provide additional graphics to describe the recommendations in the SCP. May 3, 2024 Page 12 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx r a HERRERA Packet Pg. 101 2.5.a SCOPE OF WORK • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. Deliverables • Two or three example formats (PDF) • Draft and final annotated SCP outline (electronic [Word]) • Internal review draft SCP (electronic [Word and PDF]) • Public review draft SCP (electronic [Word and PDF]), ADA compliant • Final SCP (electronic [Word, InDesign, and PDF]), ADA compliant Task 2.9 - Develop Storm and Surface Water Guide The Edmonds Storm and Surface Water Guide is intended to be a public outreach document that addresses some of the frequently asked questions that the City gets asked regarding the storm and surface water utility. This guide may include some (or all) of the following topics: • Introduction to storm and surface water management in Edmonds • History and overview of the stormwater system in Edmonds • Storm and surface water utility (also known as the stormwater management utility) operational and financial framework • Up to 10 briefing papers addressing various topics related to stormwater and surface water • Frequently asked questions related to stormwater and surface water • Glossary The guide should be written in plain language for a public audience, provide regulatory and technical references and definitions where appropriate, and use well-defined graphics. Subtask 2.9.1 - Develop Storm and Surface Water Guide Outline The Herrera team will develop an annotated outline for the Storm and Surface Water Guide listing key topics, a summary of content, outlining graphics that will be used to convey information, and listing potential topics for briefing papers. City staff will work with Herrera to finalize the Guide outline and to select a list of up to 10 topics to include in the 2-page briefing papers that will be included in the Guide May 3, 2024 Page 13 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx r a HERRERA Packet Pg. 102 2.5.a SCOPE OF WORK Subtask 2.9.2 — Develop Draft and Final Storm and Surface Water Guide The Storm and Surface Water Guide outline (Subtask 2.9.1) will help the City and Herrera team discuss and clarify expectations for the Storm and Surface Water Guide structure and organization. This subtask involves developing the text, graphics, and layout for the Storm and Surface Water Guide. Assumptions • The Herrera team will develop a limited number of graphics for the Storm and Surface Water Guide, such as maps, tables, and figures. The budget estimate includes development of up to ten original graphics. The City may also provide graphics to the Herrera team for incorporation into the Storm and Surface Water Guide. • The City will provide photographs to include in the Storm and Surface Water Guide to supplement photographs from the Herrera team. • This task includes up to four 1-hour virtual meetings to address the following topics: o Comments and questions on the Storm and Surface Water Guide outline o Comments and questions on the briefing papers included in the Storm and Surface Water Guide o Comments and questions on the draft Storm and Surface Water Guide • Meeting notes will not be prepared for the virtual meetings. Redlines and comments stemming from the virtual meetings will be incorporated into the working draft of the Storm and Surface Water Guide. • The City will provide a consolidated set of comments on the draft Storm and Surface Water Guide using tracked changes and comments in Microsoft Word or PDF, or a shared online document format. • The Storm and Surface Water Guide will be approximately 40 to 50 pages in length. Each briefing paper is anticipated to be 2 pages long. • The Storm and Surface Water Guide will not be converted into Adobe InDesign until the final version of the Storm and Surface Water Guide. • City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods. May 3, 2024 Page 14 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx r a HERRERA Packet Pg. 103 2.5.a SCOPE OF WORK Deliverables • Draft and final annotated Storm and Surface Water Guide outline (electronic [Word]) • Draft briefing papers (electronic [Word]) • Draft Storm and Surface Water Guide (electronic [Word and PDF]) • Final Storm and Surface Water Guide (electronic [Word, InDesign, and PDF]) Project Budget The estimated project budget is provided in Exhibit B. Draft Project Schedule Task Deliverable/Meeting Timeline a, n Task 2.1 — Project Draft detailed Phase 2 schedule May 31, 2024 Management/Contract Final detailed Phase 2 schedule June 14, 2024 Administration PM check -in meetings June 2024 — May 2025 Monthly invoices and progress reports June 2024 — May 2025 Task 2.2 — Data Gaps Draft workshop agenda and questionnaire May 31, 2024 and Needs Assessment Final workshop agenda and questionnaire June 28, 2024 Workshop with City staff July 2024 (TBD) Draft workshop notes 1 week after workshop Final workshop notes 2 weeks after workshop Draft gap analysis and needs assessment technical September 27, 2024 memorandum Draft compliance schedule for the 2024-2029 Phase II September 27, 2024 permit requirements Final gap analysis and needs assessment technical November 8, 2024 memorandum Final compliance schedule for the new 2024-2029 November 8, 2024 Phase II permit requirements Task 2.3 — Develop SCP Draft SCP policies June 7, 2024 Policies Virtual meeting #1 June 12, 2024 (TBD) Revised draft SCP policies Virtual meeting #2 July 12, 2024 July 17, 2024 (TBD) ................................................................................................................_.._Final.._SCP..policies......................................................................................................................................................_...July 3..1,..2024 .................................................................................................. Task 2.4 — Community Comments on draft web page language As needed Engagement (Phase 2) Draft updated handout/flyer June 2024 (TBD) Final updated handout/flyer Draft workshop #1 agenda May 3, 2024 Page 15 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx July 2024 (TBD) September 13, 2024 alk a HERRERA Packet Pg. 104 2.5.a SCOPE OF WORK Task Deliverable/Meeting Timeline ',I Task 2.4 — Community Coordination meeting #1 September 18, 2024 (TBD) Engagement (Phase 2) Draft workshop slides September 23, 2024 (TBD) (continued) Dry run September 25, 2024 (TBD) Final workshop agenda September 30, 2024 (TBD) Final workshop slides September 30, 2024 (TBD) Public/stakeholder workshops #1 & #2 October 2024 (TBD) Draft workshop notes 1 week after workshop Final workshop notes 2 weeks after workshop Follow-up meeting 1 week after workshop Draft notes from follow-up meeting 1 week after meeting Final notes from follow-up meeting 2 weeks after meeting Draft slides for City Council meeting #1 December 23, 2024 Final slides for City Council meeting #1 December 31, 2024 City Council meeting #1 January 2025 (TBD) Draft slides for Public Works Committee meeting February 18, 2025 Final slides for Public Works Committee meeting February 25, 2025 Public Works Committee meeting March 2025 (TBD) Draft slides for City Council meeting #2 March 4, 2025 Final slides for City Council meeting #2 March 11, 2025 ................................................................................................................_....City._Council meeting#2.............................................................................................................................._.._Apri12025....(TBD)................................................ Task 2.5 — Update the Draft CIP project summary sheets and cost estimates September 26, 2024 Stormwater Capital Draft StoryMap September 26, 2024 Improvement Plan Draft CIP Selection and Prioritization technical October 24, 2024 memorandum Final StoryMap October 24, 2024 Final CIP project summary sheets and cost estimates November 22, 2024 Final CIP Selection and Prioritization technical December 31, 2024 ................................................................................................................_.................................................................................................................................................................................................................................................................................................................................................................. memorandum Task 2.6 — Contingency TBD TBD Task 2.7 — Perform Draft level of service matrix October 1, 2024 Financial Analysis Virtual meeting #1 October 2024 (TBD) Revised level of service matrix October 31, 2024 Draft slides for City Council meeting/work session #1 November 5, 2024 Virtual meeting #2 November 2024 (TBD) Final slides for City Council meeting/work session #1 November 12, 2024 City Council meeting/work session #1 November 2024 (TBD) Final level of service matrix November 22, 2024 Draft rate recommendations technical memorandum November 22, 2024 Draft slides for City Council meeting/work session #2 December 23, 2024 Virtual meeting #3 December 2024 (TBD) Final slides for City Council meeting/work session #2 December 31, 2024 Final rate recommendations technical memorandum December 31. 2024 May 3, 2024 Page 16 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx a HERRERA Packet Pg. 105 2.5.a SCOPE OF WORK Task Deliverable/Meeting Timeline ',I Task 2.7 — Perform City Council meeting/work session #2 January 2025 (TBD) Financial Analysis Draft slides for City Council meeting/work session #3 February 4, 2025 (continued) Virtual meeting #4 February 2025 (TBD) Final slides for City Council meeting/work session #3 February 11, 2025 City Council meeting/work session #3 February 2025 (TBD) Draft slides for City Council meeting/work session #4 March 4, 2025 Final slides for City Council meeting/work session #4 March 11, 2025 ................................................................................................................_..............�'..................................................................g.........................................................................................................................................................................................................................)........................................... City Council meeting/work /work session #4 March 2025 TBD Task 2.8 — Develop Example formats May 31, 2024 Draft and Final SCP Draft annotated SCP outline June 21, 2024 Virtual meeting #1 June 2024 (TBD) Final annotated SCP outline July 26, 2024 Internal review draft SCP December 2, 2024 Virtual meeting #2 December 2024 (TBD) Public review draft SCP January 29, 2025 Virtual meeting #3 February 2025 (TBD) ................................................................................................................_.................................................................................................................................................................................................................................................................................................................................................................. Final SCP March 28, 2025 Task 2.9 — Develop Draft annotated Guide outline July 19, 2024 Storm and Surface Water Virtual meeting #1 July 2024 (TBD) Guide Final annotated Guide outline August 16, 2024 Draft briefing papers #1-5 August 23, 2024 Virtual meeting #2 September 2024 (TBD) Draft briefing papers #6-10 September 20, 2024 Virtual meeting #3 September 2024 (TBD) Draft Storm and Surface Water Guide October 25, 2024 Virtual meeting #4 November 2024 (TBD) Final Storm and Surface Water Guide December 13, 2024 TBD: to be determined. a The proposed project timeline assumes that the notice to proceed for Phase 2 will be issued on May 28, 2024. b City review comments will be provided within 4 weeks of deliverable submittals. The proposed schedule may be adjusted to accommodate City review periods and City Council meeting/work session schedules. May 3, 2024 Page 17 of 17 rd edmonds_scp_phase2_scope_final_20240503.docx a HERRERA Packet Pg. 106 2.5.a WAHERRERA Exhibit B Cost Estimate for City of Edmonds Storm and Surface Water Management Comprehensive Plan Update - Phase 2 Herrera Project No. 16-06448-000 5/3/2024 Task No. Herrera Labor based on: Burdened Labor Rates Dugopolskl, Rebecca Engineer VI $273.41 Fontaine, Matthew Engineer VI $273.41 Wright, Olivia Engineer IV $213.89 Chechanover, Julianne Engineer II $160.68 Brown, Jack Engineer II $150.30 Stebbing, Rebecca GIS Analyst II $128.62 Matsumoto-Hervol, Made GIS Analyst II $127.12 Vayanos, Stacy Landscape Architect III $167.08 Holtz, Lim Landscape Designer I $122.22 Jackowlch, Pamela Administrative Coordinator IV $143.93 Maloof, Charles Project Accountant III $135.81 Total Hours per Tat Subtotal Lab Subtotal Herrera Lab, 5% Escalation on Herrera Labor in 20: Escalated Subtotal Herrera Lab, Subconsultants J WSP Cascadia FCS Group 3% Fee on Subconsultan Subtotal Subconsultant Co Travel and Per Diem (PD) Auto Use Mile 2 u 0 0 64 28 0 1 0 19 0 1 24 0 1 52 0 0 0 0 0 0 0 12 16 102 118 0 24, 220 $21,649 $0 $24,320 I $21,649 $0 $24,826 $21,649 $0 $so7 $o $o L 0 w+ d t w+ L 0 Cn o_ 6 Develop Storm and Surface a� Water Guide C CL iZ 2 12 8 24 8 0 8 0 32 6 24 8 46 36 244 = 20 48 24 SO 103 0 32 4 32 SO 104 84 285 w+ 8 33 0 w+ = 0) (n 0 L d 10 98 20 36 0 181 24 0 24 80 0 44 0 80 36 116Am- 28 40 68 ^ 6 32 50 0 0 0 1s N _ 94 I 248 I 80 18 I 368 204 1232 = $22,565 $44,305 $19.968 $4,326 I $70,104 $41,097 $248,334 0 $41,097 $22,565 I $44,305 $19,968 $4,326 I $70,104 $248,334 2 $410 $0 $416 $93 $1,052 $2,477 $0 $4,419 $71,156 $41,097 $22,975 $44,305 $20,384 $250,811 _ d T-7 $5,000 $20,000 $20,000 $600 $20,600 $5,000 $30,000 $ $10,000 $26,000 $]SO $0 $1,800 $5,150 $0 $61,800 $0 $0 $150 $10,000 $0 $300 $600 $0 $0 $10,300 $20,600 $0 _ S $0 it $0 $5,150 Subtotal Per Diem Subtotal Per Diem, Lab Costs, and ODCs Grand Subtotal Grand Total 35 O 105 0 0 0 $0 $23 $0 $70 $0 $0 $0 $0 $23 $O $70 $0 $0 $0 _ d 140 E $0 $0 $94 S t1 $0 $0 $94 a 5,306 $41,097 $312,705 w � E t v w Q Packet Pg. 107 j rTI 0 F1 0 5 eta irface Wate omprehensi Ddate n ancl ManageME e Plan ,-*NV FD1, 2.5.b 0 Q Cn a E CL a- 0 0 City Council L a Update M N Packet Pg. 108 2.5.b Presentation Topics • Storm and Surface Water Management Comprehensive Plan (SCP) Overview and Update Process • Summary of Phase 1 Public Engagement • Draft SCP Goals • Next Steps Water Sanitary Sewer Storm & Surface Water Solid Waste Other Utilities L 0 Co''Q^ a _ m E a� a 0_ 0 c 0 0 c d M d L a c 0 w w m a� L Q. N W N c d E t 0 a a� E s c� w r Q Packet Pg. 110 2.5.b r L 0 U)''Q^ a. c� m d • Sets direction for managinc N storm & surface waters in tl01 0 city M • Operations & MaintenancePL plan w • Asset Management plan • Regulatory complianceCN • Capital improvements • Financial plan E • Equity plan E w a Packet Pg. 111 Keep streets and private property dry to the maximum extent possible (Public health and safety & economic vitality). Operate, maintain, and upgrade stormwater infrastructure in a cost-efficient manner. Comply with Ecology's Municipal Stormwater Permit and all other applicable environmental regulations. 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). Packet Pg. 112 July 2023 Project Kick-off • Prepare updated Storm and Surface Presentation i Water Comprehensive Plan ... to Council • Continue opportunities for public input • Public Workshop • Public Survey August 2023 Oct -Dec 2023 2024 • - - •lidillll • Public Workshop • Public Survey • Community Event • Presentation to Council Packet Pg. 113 • October 4 —Project web page and public survey live on City website. • October 6 —Promote project and wars to get involved (online workshop, public survey, and in -person event): • City Press release • Notice provided in local Korean and Spanish -language publications. • Facebook post • October 16 — E-mail to parties who have shown past interest in storm and surface water issues including external stakeholders (Tribes, state - regulatory agencies, and adjacent jurisdictions). • October 17 & 26, November 1 & 14 - Additional Facebook posts regarding project. Packet Pg. 114 • October 18 — Two online workshops — 12-1 pm and 6-7pm. • November 4 — City staff at Edmonds Market to promote project, answer questions, and remind residents to take public survey; Project Flyer distributed (English & Spanish). • November 17 — Public survey closed. • November 28 — Public survey results reviewed by Staff. Packet Pg. 115 Project background Relevant documents Workshop slides and recording Link to public survey (now closed) WAYS TO GET INVOLVED Development of the SCP will include ongoing engagement with Edmonds community members and other stakeholders. We are seeking input on flooding issues you are most concerned about in your community and feedback on goals and policies for the plan through the following: Fill out the public survey (Early October through November 17. 202" only) - CLICK HERE CITY CAPITAL PROJECTS City Overlay Program Contact Capital Project Staff Capital Improvement Program & Capital Facilities Plan 2023 Utility Replacement Project Storm and Surface Water Comprehensive Plan Update L O U)''Q^ a c m E to CL CL cn ` L i _ w t N City of Edmonds, WA /Government / Departments ; Public Works and Utilities (Lity Capital Projects /Storm and S i Water Comprehensive Plan Update d STORM AND SURFACE WATER COMPREHENSIVE PLAN UPDATE O w CL .` N ..E r E s PROJECT DESCRIPTION too w The Edmonds Storm and Surface Water Comprehensive Plan (SCP) identifies actions the City should take for: Q Flood Mitigation: Keep streets and private property dry to the maximum extent possible (Public health and safety and economic vitality). Packet Pg. 116 1 • 11 participants in two workshops • SCP building blocks were the main topic of the presentation. L O 'Q U) a c m it Compliance Keep streets and private Comply with Ecology's property dry to the Municipal Stormwater maximum extent possible Permit and all other L (Public health and safety & applicable environmental a economic vitality). regulations. Operate, maintain, and upgrade stormwater infrastructure in a cost-efficient manner. Improve existing infrastructure to reduce the impact of City stormwater flows on aquatic environments (On the Land). L Q. HabitatStream N CD Improvements Reconnect floodplains, N re -plant riparian (streamside) corridor, remove barrier culverts, Y and improve in -stream a conditions. (In and adjacei to the stream; City-owne property only). a Stormwater Utility and Other Funding% Packet Pg. 117 • 10+ questions from participants on the topics that included • Stormwater management complexity with nearby municipalities • Climate change considerations • Impact of the railroad right-of-way on the shoreline • Upcoming changes to State Stormwater permit • Damage to stream & salmon habitat needs to be addressed • Fish passage barriers, roadway contaminants & flooding around Harbor Square • Restoration of Edmonds Marsh and connection to Puget Sound • Stormwater Education Preference Poll • Rolled into responses from survey Packet Pg. 118 • Encouraged multiple participants to take public survey. • Topics of concern/discussion • Shell Creek waterfall on private property prohibiting salmon migration upstream • Daylighting Willow Creek between Edmonds Marsh and Puget Sound 0- 9-95�" . MiL 4 � Public Works Department Engineering Division �_- Storm and Surface Water Plan r' Update • Transportation Plan Update Packet Pg. 119 Provided an opportunity to: • Provide input on proposed SCP actions • Add areas for consideration for potential stormwater projects � Welcome to the City of Edmonds Public Input Survey N1 for the 2024 Storm & Surface Water Management Comprehensive Plan (SCP). Piease take a few minutes to provide input that will help us update the SCP. The information you provide will help us develop the goals of the SCP. Bienvenido a la Encuesta de opinion p6blica n°1 de the City of Edmonds pare el 'Storm and Surface Water Management Comprehensive Plan' (SCP). SCP es un plan integral Para el manejo de drenaje de la escorrentia de aquas pluvrales. Por favor, tomese unos minutos para proporcionar informacion que nos ayudara en la actualaacion de nuestro plan. Esta informacion nos ayudara a desarrollar los objetrvos del SCP What is your preferred language for this survey? / LCual es su idiorna preferido pare esta encuesta? Please select one of the following options. / Por favor, selecciona una de las siguientes opciones. O English O Espanol OOther L O U)''Q^ a c m E (1) Would you like to show us a stormwater issue within the City?' Q Please select one of the following options. N 0 ® 1hs C O U No y 0 i a Where have you observed this issue?* C Click inside the map to navigate to the location. Click again to drop a point at the loc. 0 M Find addres, rr N C d tr Q Map Legend: V 0 Manhole Ditch Wetland r Q 0 Catch Basin - Storm Line Watershed Bow—.y Creek Facility Line r= EdmondsLimit Packet Pg. 120 Public Survey Summary Stormwater Issues Identified by Respondants Fish Passage Barrier Flooding Water Quality Other Mead oucda Ie / s alo fth Perrim .o ' seaview R - OR I%TH ST.SW The Bowl .• 0,� _ • • Maplewood' i -f Prue Do� own" �e► Chpt, _ iRive „ • _ pwk KAM sr PWOW Too HE o' i� •�* ''a" .1 ' Ed.xft Yost � Boom ` � � 0 Edmonds-Wi © High Sch IN 22" 5T Sw `Westgate � Esperanoe _ 2 27�rwRou—_ What are some topics that you would like to learn more about? How climate change is being incorporated into the SCP. Technical assistance for constructing rain gardens on private property. Natural yard care to reduce harmful chemicals entering our streams. • Stewardship opportunities to improve stream health. • Removing hard surfaces (driveways/patios) and replacing them with native vegetation. • Technical assistance for streamside landowners regarding improving streams and/or runoff from their property. • Assisting with stormwater facility maintenance. L O U)''Q^ a �I c m E 2. 0 7 CO 0 o =i 6 Edmonds/ CL Snohomisl CN Conservat i District rai N r garden in progress, 4 planting a party d E a Packet Pg. 122 2.5.b Questions on Public Engagement? a a m E m 1. CL Reduce recurring flooding for a safe and healthy community. w 2. Replace, protect, and maintain stormwater infrastructure. r r _ aNi 3. Comply with all applicable regulatory requirements. 4. Reduce the impact of stormwater runoff on aquatic_L habitat through retrofit projects, prioritized by watershed, that address flow control and water quality improvement. y 5. Engage and educate our community on stormwater and surface water issues to promote environmental a' stewardship opportunities on public and private properties. Packet Pg. 124 6. Devote resources to resolve local storm and surface water issues that require cooperation from and coordination with other stakeholders. 7. Partner with external stakeholders on important regional = OWN issues such as salmon recovery, climate change impacts,. barrier culvert removal, and emerging contaminants. .. 8. Train and empower stormwater staff members to thrive in rot VCp their positions. 9. Adequately fund the Stormwater Utility to meet all other goals in an equitable and cost-efficient manner. L Q U)''Q^ a .r c m E a� a a 0 C O y d L a N i Q N Packet Pg. 125 2.5.b Questions on Draft Goals? • Develop polices and identify stormwater program needs to meet the goals; • Finalize needed capital project list for the next 7 years; • Develop the draft SCP including a financial plan to pay for the identified needs; • Second round of public engagement to get feedback on the draft SCP; • Finalize the SCP. Packet Pg. 127 2.5.b Thank You Contact Jerry Shuster sswcp@edmondswa.gov 2.6 City Council Agenda Item Meeting Date: 05/14/2024 Presentation of Highway 99 Stages 3 & 4 Overhead Utility Line Conversion Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On March 28, 2023, a project update was provided to City Council to authorize approval of new active transportation recommendations along Hwy 99 and new capacity recommendations at Hwy 99 @ 220tn St. SW into the Design phase. On March 19, 2024, a project update was provided to Council. Staff Recommendation Forward item to May 21, 2024 Council meeting for full discussion. 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 seven (7) segments. The scope of the Stage 3 segment, 244th St. SW to 238th St. SW, includes capacity improvements at Hwy 99 at 238th St. SW with the addition of a northbound left turn lane. 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 northbound, southbound, and westbound left turn lane. A planter strip, bike lane, new sidewalk, new street / pedestrian lights will be added on both sides of the street, along with utility improvements. The conversion of overhead utility lines to underground along both projects (except for high voltage lines) is also being considered. The following electrical and communications utilities have overhead lines within the project limits: Comcast - Overhead and underground communications Community Transit (CT) - Short run of Swift Bus Infrastructure Snohomish County PUD (SnoPUD) - Overhead transmission and overhead / underground distribution power Wave Broadband - Overhead and underground communications Zayo - Overhead and underground communications Ziply Fiber - Overhead and underground communication Packet Pg. 129 2.6 The electrical and communication lines are already underground on the south end of Hwy 99 from 244th St SW to approximately 350-feet north of 240th St SW. From that point, an electrical distribution line begins on the west side of Hwy 99 and continues north past the project limits. Numerous utility service drops exist for these main utility company distribution lines to various residences and businesses along Hwy 99, as well as distribution lines crossing Hwy 99. The project is currently at 30% Design plan level. If undergrounding is pursued as part of the Design Phase, a project -specific agreement would be prepared between each utility company and the City for each project to identify actual costs to be provided by each party and terms and conditions. Based on the preliminary cost estimate at 30% Design Level, the total cost to underground all the overhead lines for Stage 3 is — $6,416,000 and — $10,024,000 for Stage 4. The underground conversion in both stages would create a safer driving environment along Hwy 99, with the removal of wooden poles adjacent to the roadway, as well as improve the aesthetics of the corridor. Stage 3 is funded with State funds (through State Connecting Washington and Move Ahead WA Funds) and local funds (REET). Stage 4 design and a portion of the right of way acquisition costs are funded through Federal grants, State funds, traffic impact fees and REET funds. Staff will pursue funding opportunities to secure future funds for the Stage 4 construction phase. Packet Pg. 130 2.7 City Council Agenda Item Meeting Date: 05/14/2024 Job Order Contracting - Program Report Staff Lead: Thom Sullivan, Facilities Manager - Department of Public Works Department: Public Works & Utilities Preparer: Royce Napolitino Background/History During the 2019 Legislative Sessions, RCW 39.10.420-460 was amended to allow all public agencies to use Job Order Contracting (JOC) for public works projects when a determination is made that the use of job order contracts will benefit the public. The Job Order Contracting program benefits multiple divisions and departments, including Public Works Engineering and Construction, Road Maintenance, Wastewater, Surface Water, Facilities, Parks, Recreation and Cultural Services and other public works projects. March 9, 2021- The Parks and Public Works committee and the Finance committee approved the Job Order Contracting agenda bill for consent on the City Council's full agenda. April 6, 2021 - The City Council consented the approval of Job Order Contracting initiating staff process for advertising a Request for Proposal. May 25, 2021 Contract with Gordian Group went in to effect for Job Order Contracting support services. Staff Recommendation Accept Job Order Contracting Program Report in Parks and Public Works Committee and provide direction if the report needs to be provided to council during the May 21, 2024 Narrative The objectives of the City's JOC program are to rapidly engage contractors in the performance of small to medium sized public works projects; to reduce construction, design, and planning costs; and to develop relationships and contracts with contractors to more quickly and efficiently respond to emergency situations. The Facilities Manager and Representative from Gordian Group will report on program utilization, initiated projects, project proposals and executed Job Orders, with respect to the City of Edmonds JOC program. Attachments: JOC program report 2024 Packet Pg. 131 2.7.a Job Order Contracting(1OC) is a procurement of construction services method approved by the state for expedited contracting of small to medium construction and repair projects. The JOC program is designed to aid in the procurement of services with minimal project management of work during performance and being compliant with the city's purchasing policy and applicable documentation required by the state. Job orders are capped at $500,000 per job and the whole program is capped at $6,000,000 annually and is typically $2,000,000 or less per contracted prime contractor. • JOC for emergency repairs • Engineering and phased project completion • Capital or Repair Projects under $500K • Highlight project's Boys and Girls Club sunken floor slab Public Safety Complex Ceiling and ADA door openers 7th Avenue sidewalk project (initiated only not executed) Library window frame at plaza deck WWTP Fire Door • Current project proposals Anderson Center Exterior Doors Library failed glass seals Public Works Spoil Pile Covers • Administration of JOC program as utilization increases or capacity is shared. Questions? Packet Pg. 132 2.8 City Council Agenda Item Meeting Date: 05/14/2024 Job Order Contracting - Proposal and Agreement Extension Staff Lead: Thom Sullivan, Facilities Manager - Department of Public Works Department: Public Works & Utilities Preparer: Royce Napolitino Background/History During the 2019 Legislative Sessions, RCW 39.10.420-460 was amended to allow all public agencies to use Job Order Contracting (JOC) for public works projects when a determination is made that the use of job order contracts will benefit the public. The Job Order Contracting program is anticipated to benefit multiple divisions and departments, including Public Works Engineering and Construction, Road Maintenance, Wastewater, Surface Water, Facilities, Parks, Recreation and Cultural Services and other public works projects. March 9, 2021- The Parks and Public Works committee and the Finance committee approved the Job Order Contracting agenda bill for consent on the City Council's full agenda. April 6, 2021 - The City Council consented the approval of Job Order Contracting initiating staff process for advertising a Request for Proposal. May 25, 2021 Contract with Gordian Group went in to effect for Job Order Contracting support services. May 2024 notification of intent to extension of professional services agreement and general construction contractor contracts. Staff Recommendation At this time, the Public Works Director recommends that City of Edmonds accepts the extension of the existing professional services agreement with Gordian Group and general construction contracts with Saybr Contractors, Centennial Contractors Enterprises Inc, and Forma Construction for one year ending May 241h 2025. Narrative The objectives of the City's JOC program are to rapidly engage contractors in the performance of small to medium sized public works projects; to reduce construction, design, and planning costs; and to develop relationships and contracts with contractors to more quickly and efficiently respond to emergency situations. The PSA will allow the City to partner with Gordian to create and administer the Job Order Contracting program for the City in compliance with RCW 39.10.410.420.460. Attachments: JOC Contract Extension_Saybr_5.2.2024 JOC Contract Extension_ Forma_5.2.2024 JOC Contract Extension Centennial 5.2.2024 Packet Pg. 133 2.8.a 5/2/2024 Saybr Contractors Attn: Cory Holien 3852 South 66' Street Tacoma, WA. 98409 RE: Notice of Intent to Extend Contract City of Edmonds Job Order Contract Dear Mr. Holien, In accordance with Section 3 ("Contract Time") of the above referenced contract, the City of Edmonds hereby notifies Saybr Contractors that it would like to exercise the contract's one (1) year bilateral Option Term, which would extend the contract through 5/24/2025. If Saybr Contractors agrees to the extension, it will be subject to all terms and conditions of the original contract and any modifications agreed upon during the original contract period. All terms and conditions shall remain in full force and effect, unless mutually agreed upon by both parties in writing in a duly executed amendment to the original contract. Please indicate Sabyr Contractors' agreement to the exercise of the Option Term by signing and returning a copy of this letter to the City of Edmonds. Sabyr Contractors By: Name: City of Edmonds Mike Rosen Title: Mayor Date: / / Date: Packet Pg. 134 2.8.b 5/2/2024 Forma Construction Attn:Jesse Tax 10161 s` Ave. South, Suite 400 Seattle, WA. 98134 RE: (Notice of Intent to Extend Contract) City of Edmonds Job Order Contract Dear Mr. Tax, In accordance with Section 3 ("Contract Time") of the above referenced contract, the City of Edmonds hereby notifies Forma Construction that it would like to exercise the contract's one (1) year bilateral Option Term, which would extend the contract through 5/23/20251. If Forma Construction agrees to the extension, it will be subject to all terms and conditions of the original contract and any modifications agreed upon during the original contract period All terms and conditions shall remain in full force and effect unless mutually agreed upon by both parties in writing in a duly executed amendment to the original contract. Please indicate Forma Construction's agreement to the exercise of the Option Term by signing and returning a copy of this letter to the City of Edmonds. Forma Construction By: 1►F Date: / / City of Edmonds Mike Rosen Mayor Date: Commented [SEC1 ]: The parties' contract requii parties to agree to extend, so this is worded so th City is giving notice of its desire to extend. Commented [SEC2]: I don't have copies of the e agreements, so please verify the current end dat( Libby indicated in his email that the end date is" E which appears to mean 5/23/2024. If that is corn the one-year extension would be from 5/24/2024 5/23/2025 (365 days). Packet Pg. 135 2.8.c 5/2/2024 Centennial Contracts Enterprises Inc. Attn: Walter Grobler 5700 6t" Ave. South, Suite 105 Seattle, WA. 98108 RE: Notice of Intent to Extend Contract City of Edmonds Job Order Contract Dear Mr. Grobler, In accordance with Section 3 ("Contract Time") of the above referenced contract, the City of Edmonds hereby notifies Centennial Contracts Enterprises, Inc. that it would like to exercise the contract's one (1) year bilateral Option Term, which would extend the contract through 5/23/2025 If Centennial Contracts Enterprises, Inc. agrees to the extension, it will be subject to all terms and conditions of the original contract and any modifications agreed upon during the original contract period. All terms and conditions shall remain in full force and effect, unless mutually agreed upon by both parties in writing in a duly executed amendment to the original contract. Please indicate Centennial Contracts Enterprises, Ines agreement to the exercise of the Option Term by signing and returning a copy of this letter to the City of Edmonds. Centennial Contracts Enterprises, Inc. City of Edmonds By: Name: Mike Rosen Title: Mayor Date: / / Date: Packet Pg. 136 2.9 City Council Agenda Item Meeting Date: 05/14/2024 2023 Transportation Benefit District Report Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Royce Napolitino Background/History Pursuant to Ordinance 3707, and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District in November, 2009, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after any future annexations. The 2015 State Legislature adopted Second Engrossed Substitute Senate Bill 2ESBB 5987 authorizing the assumption of control over a TBD by a city with the same boundaries as the TBD, which became effective in July, 2015. Pursuant of Ordinance 4053, as codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council assumed the rights powers, functions, and obligations of the Transportation Benefit District Board in December, 2016, one of which is to produce and deliver an annual report regarding the operations of the District. November, 2019 - Initiative 976 passed by a state wide margin of 53% to 47%, but was rejected by Edmonds voters 56% to 44%. 1-976 could have rolled back car tab fee increases in excess of $30 among other impacts to funding . An immediate injunction allowed for the continuation of collection of licensing fees. Ultimately, the initiative was ruled unconstitutional by Washington State Supreme Court. Staff Recommendation Advance to the Council's Consent Agenda - Acknowledge and approve for publication. Narrative The City of Edmonds must publish the results of its Transportation Benefit District (TBD) operations. The City receives local license fees on vehicles within the jurisdictional limits of the City of Edmonds. These collected funds are expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries. TBD-funded activities included localized pavement repairs, pothole repairs, signage management, maintenance of pavement markings (buttons, curb paint, etc.), crosswalk maintenance, and traffic signal maintenance and repair. Eligible costs are outlined in Ordinance 4053. In 2023, the TBD received $685,029 in revenue from local license fees. These collected funds were expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries, as outlined in Ordinance 4053. The City expended $685,029 from the State Gas Tax and General Fund resources. Packet Pg. 137 2.9 The publishing of this report fulfills the requirement within RCW 36.73.160(2), in which, the district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. Attachments: 2023 TBD Statement Packet Pg. 138 2.9.a Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District January 1, 2023 through December 31, 2023 (Unaudited Cash Basis) Revenues $20 Vehicle Registration Fee 685,029 Total Revenues 685,029 Expenditures Road Maintenance (includes repairs, patching, crack sealing) Labor & Benefits 186,205 Supplies 18,940 Traffic Control Labor & Benefits 253,681 Supplies 118,192 Vehicle Charges 108,012 Excess Transferred to Street Fund - Total Expenditures 685,029 Net Change in Fund Balances - Fund Balances - Beginning - Fund Balances - Ending - (1) An additional $114,809.21 in expenditures were eligible for reimbursement from this funding source, however, due to funding constraints, these expenditures were absorbed by Fund 111-Street Fund. Packet Pg. 139 2.10 City Council Agenda Item Meeting Date: 05/14/2024 Public pedestrian easement along 76th Ave W adjacent to 22224 76th Ave W Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Forward item to consent agenda for approval. Narrative The City is currently reviewing a proposed development project, Hillside Townhomes Frontage at 22224 76t" Ave W. The subject site is located within the Esperance area of Snohomish County, the city is only reviewing the right-of-way improvements for this project. The subject property along 76t" Ave W requires a sidewalk width to be a minimum 7' and due to the grades on the lot a Type II driveway approach shall be required to maintain an ADA compliant sidewalk. In meeting this requirement, a portion of the sidewalk will be located on private property and therefore, a public pedestrian easement shall be provided to the City. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Easement Attachment 3 - Site Plan Packet Pg. 140 1 2.10.a I City of Edmonds VICINITY MAP :L 1 ern n Z,'d1L� 219� S ■^ 2 'C 21919 nip0 21900210 w 21940 MOIVD ae 220TH ST SW _ - !79 C 771D 770 I22 v d 220� 22005 0 22008 N 221 22020 220 7706 112 4 2 y 7704 22020 22018 2 IM . 2ZZOZB 7702— d2026 2202422026 I 2 271 Cq � r I 2 l i, ns `li ' 2i1 r 22106 I L �B U m LU IQ 221 I - m 222ND ST SW S•, LU 22 Q 2206 I _ 22212 r' O �� 22211 22214 22201 O * s - 22218 E719rdnCl! I r - r 2 Park 22224 22217 2 22226 99 22230 I I . • �77T9 ry 22304 I 2231M Ako Op ask, ti I 7821 J 12313 s - ■� m I I �19 it �■ � "�. ��y �I! 1: 3,031 .. ` n n ^ N O 252.60 505.2 Feet 4,514 376.2 This map is a user generated static output from an Internet mapping site and is fc reference only. Data layers that appear on this map may or may not be accurate IGS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliabl , City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIOI 10A IT Legend Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY _BUILDINC ArcSDE.GIS.STREET_CENTERLINE: <all other values, Interstate Principal Arterial Minor Arterial; Collector Local Street; On Ramp State Highways <all other values> -_ 0 1 2 County Boundary Parks ArcSDE.GIS.PROPERTY_WASHIN( ArcSDE.GIS.PROPERTY_CITIES ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Co; Unincorpc City of Woodway Citv of Arlington: Citv of Bothell: Cit I Notes Packet Pg. 141 1 2.10.b Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 PEDESTRIAN EASEMENT Property Address: 22224 76TH AVE W , EDMONDS, WA 98026 Assessor's Property Tax Parcel No.: 00501100001200 IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Cornerstone Homes NW, LLC, ("GRANTORS") hereby grant to the CITY OF EDMONDS, a Washington Municipal Corporation ("GRANTEE"), a permanent public pedestrian easement for the location and operation of a sidewalk and necessary appurtenances, over, across, through, and below the following described property, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference. GRANTORS understand and agree for themselves and their successors and assigns not to cause or allow the construction or maintenance of any building or other structure in or upon the area conveyed without the prior written consent of GRANTEE, which may be granted or allowed in GRANTEE'S sole discretion. GRANTORS understand and agree that GRANTEE may cause the summary removal of any such building or structure so placed without GRANTORS' consent and that GRANTORS shall make no claim for and shall hold GRANTEE harmless from any claim by a third person for damage to or destruction of the property so removed. GRANTEE agrees to indemnify, defend and hold GRANTORS harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use of the easement as stated above, except those arising from any of GRANTORS' acts, omissions or negligence. GRANTORS expressly reserve all rights not inconsistent with those granted to GRANTEE herein. DATED THIS 'l-C'W STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) DAY OF 2024. F�tJP Comersto Ho , LLC txew,, We_ VICE ?VeSider%} Its On this day personally appeared before me -7soSep�n I _C V%5r to me known to be the 6cecu}ye Vtce Weta6g,kof Cornerstone Homes NW, LLC and who executed the within and foregoing instrument and acknowledged that he was authorized to sign the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS IS"' DAY OF 80r% , 2024 .�`Z` : '"ion �' • y� °. �.Uo��ss - tkOTARr o: = J�1 AVBLIG . 4-7-29T, : G h NVY PU IC in and for the Stat f WasWhgton, residing at Pedestrian Easement - approved doc (with SEC edits) 7.8.19 Packet Pg. 142 2.10.b CITY OF EDMONDS Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Pedestrian Easement - approved doe (with SEC edits) 7.8.19 Packet Pg. 143 2.10.b EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 12, PLAT OF LUSCHEN'S TRACTS AS RECORDED IN VOLUME 13 OF PLATS, PAGE 79, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Packet Pg. 144 2.10. b e� PERq NcI r PFN 16 rS�eo �s/ MES �4F#20 11 6/SOON 1812 14 SSo 1 _ 00 r -01 W N Z m W W m r ppop(7)m O O O O D O7 r m 00000ODD0 G7 t0 O (D p m O N O N % O( OGi Z W IV W N m m Lr �L o O ov -0 r r OD C orn C�yn O or- �-Oi= mN� o c/) o v oxa J o�y. • .. ..Sr'�..r m X 00 t..Cma O dS'�d C:'•,a, Z O ........... m W Y�R U X mw m� m _ z rrl r __L3 _ r N jam, L o b 76TH AVE. W. ov N O � � N,) Zt w N o Packet Pg. 145 — -R/W W �X m0) 2 �aC —SD—zoo SD Fl n 0 z z X co DRAINAGE NOTE: 0 i .37, — _ STA:20+29.01, 22.45'L- CONNECT TO EXISTING SIDEWALK Cli ° - Cn z II 4N O � 1 2, 32" E m 5 k m SS SS SS / / SS �to z� STREET TREE (SPECIES TBD) IN 3 x z TREE GRATE PER DETAIL TR551 sw zo � 157.66' 6TH A v — — — � — — ti' C SD SD SD \ SD SD c> O � I O 1. THE PROJECT IS EXEMPT FROM FLOW CONTROL AND WATER QUALITY REQUIREMENTS. 2. A DETENTION PIPE US PROPOSED TO MEET THE ON —SITE STORMWATER MANAGEMENT FOR ROOF AND OTHER HARD SURFACES PER ECDC 18.30.060. D5. d. PROJECT CATEGORY2 DISCHARGE LOCATION. HALLS CREEK TYPE OF AREA SQ FOOTAGE STORMWATER FACILITY ROOF 3,442 TO DETENTION PIPE DRIVE AISLE Z920 TO DETENTION PIPE SIDEWALK 777 TO DETENTION PIPE LAWN AND LANDSCAPE 1,866 BMP T5.13 FRONTAGE SIDEWALK 486 EXISTING DRAINAGE SYSTEM 0 0 NE 114, SE 114, SEC. 30, T. 27X, R.4 E., W.M. SNOHOMISH COUNTY, WASHINGTON rEco SCALE: 1" = 10' 10 5 0 10 20 �/W 302.88' /-�TA:20+89.61, 21.991 ONNECT TO EXISTING SIDEWALK n Q 11 g9'L Cam, CATCH BASIN W/ GRATED LID s STA:10+34.33, 2.50' R DRIVEW SY_ RIM.372.30 \ O ~ IE: 367.88 (24"Reinforced Concrete Pipe IN, SSrl SS N N IE: 367.38 (12" OUT, E) o N r IE 369.50 (4" IN, S) z z m AVEMENT TO BE RESTORED \ o R-8 o z / � zo� 21 +00 21 ~ Q a c SD SD SD SD \ SD C R c CB#3, TYPE-2, 4810 W/ SOLID LOCKING LID d E STA:9+94.00, 1.82' R RIM:372.52 0 IE 367.14 (12" IN, W) R IE: 366.17(f) (12" IN, N) L sl—/E. 366.17(t) (12" OUT, S) v \ � d ° c c� — —� a Iraw I` N I � M d \ E C� N E t c.> co r r I Packet Pg. 146 DRIVEWAYBLOW -UP NOT TO SCALE 2.11 City Council Agenda Item Meeting Date: 05/14/2024 Main St Overlay Project Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History On May 24, 2023, the City Council approved a Professional Services Agreement with KPG Psomas to design the Main St Overlay Project. On February 13, 2024, staff presented this item to the Parks and Public Works Committee. On April 2, 2024, staff presented a project update to City Council. On April 9, 2024, staff discussed the project at the Parks and Public Works Committee meeting. Staff Recommendation Narrative Council President Olson requested this item be placed on the Parks and Public Works Committee for discussion regarding bike lanes/sharrows. Attachments: Attachment - Bike Lane Information Packet Pg. 147 No additional street space required Alerts drivers presence and position of rvrlictc in f-km Reduces th! Packet Pg. 148 2.11.a v SeparatE 11 from Visually reminds motorists of comfor confid, while r Packet Pg. 149 2.11.a 1 1 , , 1 1 Meadowdale Beach Rd i �, j 174th'St, W 1 176thS SW Southwest County 31 t Park ♦• v1 1 OSJ cVie-D, ,Vo I - c 1 184h StSW I 186th StSW `�- ®, I --�1 Lynndale _-y — Park 3 ,get Dr Maplewood , Park-- = 4 E 3! City of Main St Pine Ridge Yost pa - Park �1 Bowdoin Way 218thS W m1 ® 220Ih S[SW 1 . 3 1 1 -��--- .® 224-th n 1 m 1--226th St SWI 1 °t 228th St SW 1 m 0 a N O C C O E 4- C d C tC J d 19 m C d Z V a C d L lC a �tSN Packet Pg. 150 2.11.a Packet Pg. 151