Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2024-07-16 Council PPW Packet
1 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 J U LY 16, 2024, 1:30 P M 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. Car Show & Oktoberfest Event Agreements (10 min) 2. Mathay Ballinger Park Improvements Construction Contract Approval 3. Report on Construction Bids for the Main Street Overlay Project (10 min) 4. Presentation of Haul Route Agreement for Meadowdale Beach Park Estuary Restoration Project (10 min) 5. Presentation of Professional Services Agreement for the Edmonds Marsh Estuary Planning Study (15 min) 6. Carbon Recovery Project - Amendment #3 Parametrix PSA (10 min) ADJOURNMENT Edmonds City Council Agenda July 16, 2024 Page 1 2.1 City Council Agenda Item Meeting Date: 07/16/2024 Car Show & Oktoberfest Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Council authorizes event agreements on behalf the City of Edmonds. To date the City Council has authorized Special Event Agreements for SpringFest, Market, Edmonds Arts Festival, 4th of July and Taste Edmonds. At this meeting City Staff is presenting event agreements for the Car Show and Oktoberfest. Staff Recommendation Staff recommends the City Council support the event agreement between the City of Edmonds and the Greater Edmonds Chamber of Commerce for the Car Show and the event agreement between the City of Edmonds and the Edmonds Rotary Club for Oktoberfest and forward them to the July 23, 2024 Consent Agenda. Approval on Consent Agenda for the next Regular Council Meeting would authorize the Mayor to sign the contracts. Narrative The event agreements are very similar to agreements in previous years with the biggest change being Oktoberfest relocating from the Frances Anderson Center to Civic Park. Each event producer is required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event and all South County Fire regulations for public events. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Economic Development and Risk Management (HR)) and are approved as to form by the City Attorney. Classic Car Show Event Agreement (attached): This one -day event will be held on Sunday, September 8, 2024 and is largely the same as in previous years. The event will utilize several streets downtown to showcase classic cars. The event is free and open to the public. The Chamber will pay for one officer to be on -site throughout the day. New this year is an expanded beer garden and music area at Centennial Plaza. Some alterations to the load in process have been made at the request of Police and Streets. The Chamber is required to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the events. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance, allow for freedom of speech and ensure the public spaces be left in good condition. Packet Pg. 2 2.1 Oktoberfest (attached): This two-day event takes place on Friday, September 13th and Saturday, September 14th at Civic Park. The event is free and open to the public with the only admission fee being to enter the 21+ beer garden area. The children's area, pet parade, vendor and food areas are accessible to the public free of charge. This event is the Edmonds Rotary Club's big annual fundraiser. The Rotary is required to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the events. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance, allow for freedom of speech and ensure the public spaces be left in good condition. Attachments: 2024 Classic Car Show Event Agreement 2024 Oktoberfest Event Agreement Packet Pg. 3 2.1.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND THE GREATER EDMONDS CHAMBER OF COMMERCE THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for many years held a public event known as the Edmonds Classic: Car & Motorcycle Show ("Classic Car Show" or "Event"); and WHEREAS, the City Council finds that the "Classic Car Show" provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City: 1.1 City will provide use of the following surfaces by Chamber for the Classic Car Show as shown in Exhibit A (hereinafter referred to as the "City -Provided Site") and Exhibit B: i."Center Round" at the fountain in downtown Edmonds at 5th Ave. N and Main St., ii.Main St. from the East side of its intersection with 3rd Ave. to the West side of its intersection with 6th Ave., iii.4th Ave. from the South side of its intersection with Bell St. to the South side of its intersection with Dayton St. and approximately 100 feet south down 4th Ave., iv.51h Ave. from the North side of its intersection with Walnut St. to the North side of its intersection of the northern leg of Bell St., v.Dayton St., from the East side of 41h Ave. to 529 Dayton St., vi.City Hall parking lot located immediately South of the City Hall building at 121 5" Ave. N and the parking lot under City Hall, vii.On street parking spaces on 5th Ave N from Bell St. to Seville driveway, 217 5th Ave N (west), and Bell St. to the Public Safety parking lot access midblock (east). viii.Bell St. 6th Ave. N. to 5th Ave. North to include both portions of the Y in the street. ix.Centennial Plaza Packet Pg. 4 2.1.a 1.2 City will place "no parking" signs a minimum of 72 hours before the Event, which is scheduled for Sunday, September 8, 2024, so as to clear the City -Provided Site of all vehicles from 2:00 a.m. on the date of the Event until 7:00 p.m. on the same day. The Main and 5th closure to the most northern portion of Bell will be until 8:00 p.m. 1.3 City will provide barriers near the following locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit A: 1.3.1 Pine St. and 5th Ave. S to close 5th Ave. S. North to Howell St., Will reopen by 10:30 a.m. following registration. 1.3.2 Howell Way and 5th Ave. S to close 5th Ave. S. North to Walnut St., will reopen by 11:00 a.m. following registration. 1.3.3 Howell Way and & 5th Ave S east of entrance to Ace Hardware Parking complex to prevent access to 5th Ave S. 1.3.4 Beck Ln. and 5th Ave. S to prevent access to 5th Ave. S. 1.3.5 Alder St. and 5th Ave. S to prevent access to 5th Ave. S. 1.3.6 Maple St. and 5th Ave. S to prevent access to 5th Ave. S. 1.3.7 4th Ave. S between Dayton St and Walnut St. to close 4th Ave. S south of Dayton St. 1.3.8 Dayton St. West of 4th Ave. S to close Dayton St. 1.3.9 Dayton St. immediately east of 529 Dayton St. to close Dayton West of this point. 1.3.10 Main St. and 6th Ave. N to close Main St. west of 6th Ave. N. 1.3.11 5th Ave. N and the Alley between Bell St. and Main St. (local access only) to prevent access to 5th Ave. N. 1.3.12 5th and the Alley between Main St. and Dayton St. to close 5th Ave. S to prevent access to 5th Ave. S. 1.3.13 Alley between 4th Ave. N and 5th Ave. N at Bell St. to block traffic from entering Main St. 1.3.14 Main St. and 3rd Ave. N to close Main St. east of 3rd Ave. N. 1.3. l 5 4"" Ave. N and Bell St. to close 4"" Ave. N South of Bell St. 1.3.16 Alley between 3rd Ave. N and 4th Ave. N on Main St. to prevent access to Main St. 2 Packet Pg. 5 2.1.a 1.3.17 Alley between 3rd Ave. S and 4th Ave. S on Main St. to prevent access to Main St. 1.3.18 5th Ave. N and Bell St. to close 5th Ave. N and Bell St. (See exhibit B). 1.3.19 6th Ave. N & Bell St. to prevent access to Bell St. 1.4 The intersection of 5th Ave. South at Walnut St. will remain open to general traffic east and west, but access will be controlled and may be limited to allow for safe staging of Event vehicles. There will be an Event volunteer at the intersection to designate which vehicles will be part of the Event and aid east and west traffic through the intersection. Barricades provided to prevent access to 5th Ave S north of Walnut once registration closes. 1.5 City shall arrange for one police officer to work the Event from approximately 7:00 a.m. until the conclusion of the Event (exact times to be decided mutually between the Chamber and the Edmonds Police Department). Chamber will be responsible for paying the actual cost of the overtime wages incurred by the City of the police officer. 1.6 City will deliver barriers so as to allow Chamber to position such barriers at 6:00 a.m. the day of the Event. The number of barriers left by City at each of the - twenty (20) locations will be sufficient to provide adequate street closure. 1.7 City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 2. Responsibilities of the Chamber: 2.1 On the day of the Event, Chamber will place traffic cones on the center -dividing line of 5th Ave. S. between Pine St. and Walnut St. from 6:00 a.m. until 11:00 a.m. 2.2 Chamber will remove barriers at 7:00 p.m. to reopen intersections after first checking with the officer on duty and receiving confirmation that it is safe to do so. 2.3 Police, Fire, and Public Works will meet with Chamber of Commerce officials to resolve any remaining or potential issues of traffic control and barricades prior to the Event but will have no authority to waive the requirements of City ordinance or state law. 2.4 Chamber will establish a sixteen -foot (16') fire lane down the middle of each street on which Classic Car Show cars will be parked for emergency vehicle access throughout the day of Event. Chamber car show staff and ambassadors will ensure that no cars encroach upon this fire lane. 2.5 All use and configuration of structures, booths and other temporary facilities used in the Event must comply with the "Food Vendor & Festival Requirements" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities will be inspected and reviewed by Edmonds Fire Marshal, Police Packet Pg. 6 2.1.a Chief, Building Official and Parks, Recreation and Human Services Director ("Parks Director") or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. Edmonds Fire Marshal will inspect the facilities prior to the opening to the general public on or before 9:00 a.m., September 8, 2024, as the Parties will agree and note all potential problems. Prior to the opening of the Event, Chamber will correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel such Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property appears. 2.6 Chamber will provide a fire watch for all times in and around the booths and displays open to the general public as a part of this Event. 2.7 Chamber will obtain and note on the back of the Classic Car Show registration card, which is posted on the dashboard of cars on display, at least one cell phone number for the car's owner, to allow the Chamber to contact the owners when away from their cars. 2.8 Insurance: The Chamber shall provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self- insurance, or self -insured pool coverage maintained by the City of Edmonds will be excess of the Chamber's insurance and will not contribute with it. In the event the Chamber's employees and/or volunteers provide the service of alcohol at the Event, the Chamber's General Liability insurance will also include host liquor liability coverage. However, if the Chamber contracts with a third -party vendor or vendors to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Chamber's Certificate of Insurance. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.9 The Chamber agrees that the Classic Car Show is a public event. The Chamber further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, Packet Pg. 7 2.1.a parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at City - Provided Site during the Classic Car Show to exercise therein their protected constitutional right to free speech without interference. 2.10 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.11 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.12, below). 2.12 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during the Event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to August 15, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.13 Indemnification: The Chamber will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Chamber's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Chamber of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.14 The Parties acknowledge that pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within twenty-five (25) feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose s Packet Pg. 8 2.1.a of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.15 Chamber will provide any and all security services necessary to reasonably secure the area and facilities provided, including the City -Provided Site. City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by Chamber or the participants in this Event. 2.16 Chamber will provide sufficient wash stations and approximately five (5) sani-cans that may be placed on site the night preceding the Event. Garbage service will be contracted and paid for by Chamber. Chamber will place thirteen (13) garbage and recycle containers around downtown for garbage collection. 2.17 Upon completion of the Event, Chamber will make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the night prior to the Event. Cleanup of all relevant street pavements will be completed by 7:00 p.m. on that day. Cleanup of sidewalks will be completed by 11:00 p.m. on that day. Cleanup areas include the City -Provided Site as described in Section 1 and all streets immediately surrounding the Event perimeter. A final inspection of the Event area will be conducted by a designated City official to determine if all areas are clean and returned to their original condition. For purposes of marking sidewalk or asphalt, Chamber agrees to use a temporary, water soluble, environmentally friendly material, further Chamber will make best efforts to minimize the markings used on sidewalks and streets. 2.18 Chamber will pay City all permit fees for the above -mentioned facility use and services at least ten (10) days prior to the Event, and will reimburse City for the actual costs of supplies or services furnished by City (excluding those agreed to in Section 1) within thirty (30) days of mailing of a final bill by the City, provided such supplies and services are approved and listed by all Parties to this Agreement in a signed addendum to this Agreement prior to the date which they purport to be required. 2.19 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. 2.20 Chamber will provide "no parking" signs to the City no later than September 1, 2024. 2.21 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Chamber. Packet Pg. 9 2.1.a 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be 7 Packet Pg. 10 2.1.a terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City - Provided Site. DATED this day of 2024. CITY OF EDMONDS: GREATER EDMONDS CHAMBER OF COMMERCE: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Ryan Crowther, President and CEO Packet Pg. 11 Exhibit A City Provided Site and Traffic Control Plan - 2024 - CUSSM CAR a HOTO 3C YCLE SHOW Swzda�� Sept. 8 ,,, edmonds St Mr a + Bell St. ar + D a Sr Q < r (� z s St `''� Main St UMx Vehicle Display Registration Holding/ Check -in. Closed to non-event vehicles 5am-11am Opens to Public by 11am Reserved Show Car Trailer Parking Reserved Sponsor / Vendor Parking Live music, awards, beer garden @Centennial Plaza Taste Presents Event Space ORestroom -Ph0 T X D 016a. Dayton St x < xxx CIN N 0 � D (D �:Aaple St rn X S D I 0 I� CoX ,Ider St Ox deck Ln Volunteers & Chamber staff manage to Walnut X�� allow through traffic. XX«� w a D (D W cn Q J Howell to Walnut closed 5am-11am lomeland D Pine to Howell closed 5am-10:30am lemlock Way Seamont Ln t: `X Pine St. Registration Entrance 5th Ave S & Pine St. (D rn Forsyth Ln 9 Packet Pg. 12 2.1.a Ow Stage Main St Exhibit B Beer Garden Layout ON — & o21u& CLASSM CAR a NOTORCYC LE SHOW - Bell St X(X Streets Closed I 21. Zone eerrlcatle "bike rack" Fencing Monitored Entry/Exit O DCheck Beer. -Ine Tent 'V—V— Footl Trucks Generator ON m z Mair 10 Packet Pg. 13 Exhibit C 2.1.a REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 14 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 2.1.a SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 15 2.1.a Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 16 2.1.a Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ c • Number of tanks: L • Size of tanks: a • Date last inspected: (Annually) w> • Date of last hydro: 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: o 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 3 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ secured with a non-combustible strap or chain in an Cn upright position and protected from impact. 0 CNG Systems PASS FAIL N/A c E 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ a� size less than 1300 pounds. (1 W = 8 lbs) Q • Number of tanks: • Size of tanks: w • Tank expiration date(s): o • Date last inspected: N (Every 3 years) L • Date of last hydro: y 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ • Last tested date: N CD N Portable Fire Extinguishers PASS FAIL N/A C E 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ deep fat fryer or solid fuels). a • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 17 2.1.a 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced (Annually) Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. a 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ allowed during cooking operations and only when the w electric generators and internal combustion power sources N are not in use. a� 0 Keep Required Documentation in Your Food Truck o Please ensure you keep a copy of the following documents in your truck. You may be asked to 06 3 produce these at any time by a fire department inspector. M • Your fire inspection report (this form or other documentation provided to you by the fire agency that completed your inspection). • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire suppression system and extinguishers, completed by the contractor you use. E • A copy of any permit(s) issued by a local fire department for your food truck. 3 Packet Pg. 18 2.1.a Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 19 2.1.a • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 20 2.1.a Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 21 Train Your Food Truck Staff on These Fire Safety Basics: 2.1.a • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 22 ATTENTION. 2.1.a Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 23 2.1.a Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 24 2.1.a I icoRor CERTIFICATE OF LIABILITY INSURANCE I DATE( 01/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol DuClOs Scott M. Campbell PHONE FAX 600 Main Street, Ste. A A/C No Ext: (425) 775-6446 A/C No: (425) 640-922° E-MAIL Edmonds WA 98020 ADDRESS: info@insuranceservicesgroup.com INSURER A: Western National Mutual Insuranc INSURER B : INSURED Greater Edmonds Chamber of Commerce INSURER C : INSURERD: 121 5th Ave N Edmonds WA 98020 INSURERE: (425) 670-1496 1INSURERF: COVERAGES CD CERTIFICATE NUMBER: Cert ID 10470 (4) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R LTR TYPE OF INSURANCE ADDLSUBR INSD AND POLICY NUMBER POLICY Y MMDD YYY POLICY Y MMDD YYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS -MADE FxI OCCUR Y CPP129583101 09/01/2023 09/01/2024 DAMAGE TO RENTE PREMISES EaoccurDrence $ 100,00C MED EXP (Any one person) $ Excludec PERSONAL & ADV INJURY $ 11000,00C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00C X PRO - PRO ❑ LOC POLICY JECT PRODUCTS - COMP/OP AGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00C BODILY INJURY (Per person) $ * ANY AUTO CPP129583101 09/01/2023 09/01/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY A X UMBRELLA LIAB OCCUR UME104981201 09/01/2023 09/01/2024 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below $ E.L. DISEASE - POLICY LIMIT A Liquor Liability CPP129583101 09/01/2023 09/01/2024 $ 1,000,00C DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE Edmonds Classic Car & Motorcycle Show September 8, 2024. 4:00am - 10:00pm City of Edmonds as additional insured, if required by written contract, per form CG MU 1078 12 20. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. 121 5th Ave N AUTHORIZED REPRESENTATIVE Edmonds WA 98020 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 25 Page - of - 2.1.a COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction Additional Insured — Broad Form Vendors Additional Insured — Lessor Of Leased Equipment Additional Insured — Managers Or Lessors Of Premises Additional Insured — State Or Political Subdivisions — Permits Additional Insureds By Written Contract Broad Form Property Damage Broad Knowledge/Notice Of Occurrence Damage To Premises Rented To You Designated Location(s) — General Aggregate Limit Employee Bodily Injury To A Co -Employee Insured Contract Amended Medical And Dental Payments Mobile Equipment Non -Owned Watercraft Occupational License Review Expense Property Damage Liability — Borrowed Equipment Property Damage Liability — Elevator And Sidetrack Agreement Supplementary Payments Increased Limits Bail Bonds Loss Of Earnings Per Day Unintentional Failure To Disclose Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Included Included Included Included Included $25,000 Per Occurrence Included $300,000 Any One Premises Included Included Included $10,000 Medical Expense Limit Included 51 Feet $2,500 Per Review/$5,000 Aggregate $25,000 Occurrence/$50,000 Aggregate Included $2,500 $1,000 Included Included CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 26 2.1.a The terms and conditions of this policy are amended as indicated below: I. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is primary, excess, contin- gent or on any other basis. In that case, this provision does not provide any insurance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through In. do not apply to "Property Damage" to the premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insur- ance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as follows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2J. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 27 2.1.a VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a governmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupational license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear before the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occu- pational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or criminal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupa- tional license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regard- less of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all cov- ered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the license review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as expense for another `occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Liability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concurrent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this coverage. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 28 2.1.a 4. For the purposes of the coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Decla- rations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a governmental bureau, board, commission or department charged with regulating the "insured's" occupational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupa- tional license or involving disciplinary action against the "insured", including proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this endorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the following unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individual(s)"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior con- sent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Individual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not exceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate including the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Cov- ered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)", until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 29 2.1.a Fees for psychological or psychiatric counseling for the benefit of "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and k. Medical services and hospitalization costs incurred for the "Covered Individual(s)" as a result of the "abduction" beginning on the date of recovery of the "Covered Individual(s)" and continuing up to twelve (12) months thereafter; and Funeral and burial expenses of "Covered Individual(s)" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "Insured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hearings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act error or event or a series of related acts, errors or events shall be treated as arising out of one "abduction". However we will not pay for any loss resulting from an "abduction" which is part of a series of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activity oc- curring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 30 2.1.a 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone other than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any official acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant' means any person, other than a "Covered Individual', providing information not otherwise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "location" shown in the Decla- rations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property damage" included in the "products -completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 31 2.1.a c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "location" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Op- erations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products -completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is inter- rupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one occurrence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organ- ization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negli- gent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this policy whichever is less. These limits of insurance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 32 2.1.a C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of operations per- formed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products -completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any man- ager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 33 2.1.a XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of a vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the dis- tribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a con- tainer, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub -Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products -com- plete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co -Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragragh (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 34 2.1.a However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co -"employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" em- ployment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in provid- ing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has developed into a liability claim. XVIII. Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 35 2.1.a XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organization. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 36 2.1.b EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND ROTARY CLUB OF EDMONDS September 13-14, 2024 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the ROTARY CLUB OF EDMONDS (hereinafter referred to as the "Rotary") (collectively, the "Parties"). WHEREAS, the Rotary has for a number of years conducted a public event known as "Edmonds Rotary Oktoberfest" (hereinafter referred to as the "Event") and proposes to do so again in 2024; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Edmonds Rotary Club and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Rotary obligations included). 1.1 The City will provide use of Civic Center Playfield, parking on 7th Avenue adjacent to Civic Center Playfield and 6th Avenue in front of Civic Center Playfield from Bell St. to Daley St. (See Exhibit A attached hereto and incorporated herein by this reference) (hereinafter referred to as the "City -Provided Site" or "park") for use as the venue for Oktoberfest, and agrees to the following: 1.1.1 "No Parking" signs will be placed on the west side of 7th Avenue and on the east side of 6th Avenue on Tuesday, September 10, 2024 at 8:00 a.m. — see Exhibit A for "No Parking" signage date range. 1.1.2 The Event setup will begin on Thursday, September 12, 2024, at 12:00 p.m. 1.1.3 The Event will run from 3:00 p.m. to 10:00 p.m. Friday, September 13, 2024 and 11:00 a.m. to 10:00 p.m. on Saturday, September 14, 2024. 1.1.4 All surfaces and areas listed will remain available to the Event until final cleanup, to be completed by Sunday, September 15, 2024, at 12:00 p.m. 1.1.5 The City will designate six (6) additional ADA parking spaces to be located along 6th Avenue and 71 Avenue near the entrances to the Park. (See Exhibit A). Packet Pg. 37 2.1.b 1.1.6 The Civic Center Playfield will include a 21+ area enclosed in fencing, to be provided by the Rotary, for the beer and wine sales and stage with music. Sponsor tents, additional food sales and the children's area will be located outside of the fencing (see Exhibit A). 1.2 The City will provide access to five (5) permanent restrooms restocking three (3) times per day on Friday and Saturday of the Event. Related fees are outlined in Section 2.21 below. 1.3 The City may, upon request by the Rotary, install Oktoberfest street banners as provided by the Rotary at approved sites; provided that the Rotary obtains a Street Banner Permit from the Public Works Department and pays the required fee. The Rotary may install a banner on the tennis court fence September 1, 2024. Size and location to be mutually agreed upon by the Rotary and Parks, Recreation and Human Services Department Director ("Parks Director") or designee. 1.4 The City may irrigate the field prior to the Event. The park irrigation system will be turned off by 8:00 a.m. on September 12, 2024. 1.5 The City will provide access to available power to include five (5) festival power receptacles (20A, 30A and 50A) and an additional fifteen (15) 20A receptacles as identified in Exhibit B. The Rotary must supply any additional power needed for the Event. The Rotary may utilize the overhead field lights while the Event is open to the public, the lights must be turned off at the conclusion of the Event each night. Overhead lighting schedule to be mutually agreed upon by the Rotary and the City. A Rotary representative and a City Public Works Facilities Division representative will meet prior to September 1, 2024, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and a City Parks Department representative. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Rotary. 1.6 The City shall provide potable water access in the southwest corner of the park (Petanque courts) and in the northeast area of the park (playground area) for use by the food vendors (see Exhibit B). Additionally, the bottle filler station located near the permanent restrooms will be available. 1.7 The Rotary is not authorized to fasten anything to the buildings, structures, or trees unless authorized first by the City Parks Department. Doing so may be subject to fine and/or damage cost recovery from the Rotary. 1.8 Vehicles are only allowed to drive on the Sprague connection (east -west promenade) and in the food truck parking area as identified in Exhibit B. Any use of a vehicle larger than a gator on any other hardscape area may be subject to fine and/or damage cost recovery from the Rotary. 2 Packet Pg. 38 2.1.b 1.9 Alcohol may be served, provided the Rotary obtains all required state licenses and permits to serve alcohol. Copies will be furnished to the City at least two (2) weeks prior to the Event, or as soon as the Rotary receives the licenses and permits. 1.10 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in Chapter 5.30 of the Edmonds City Code. 1.11 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Outdoor Assembly Events" and "Regional Fire Marshals Food Truck Inspection Checklist" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and the Parks Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.12 The Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening to the general public on or before 2:00 p.m., September 13, 2024, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Rotary will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.13 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President of the Rotary. 1.14 The City will supply a list of acceptable compostable and recyclable food ware items and suppliers for the compostable items. 1.15 The Rotary will provide the "No Parking" signage to Public Works Streets Division prior to August 25, 2024. The Rotary should contact the Street Department Lead (425-771- 0235) for quantity and configuration of "No Parking" signage. 2. Responsibilities of the Rotary 2.1 The Rotary agrees to the following general open hours for Edmonds Oktoberfest: 2.1.1 Friday, September 13, 2024: 3:00 p.m. — 10:00 p.m. Alcohol last call 9:15 p.m., no service after 9:30 p.m. 3 Packet Pg. 39 2.1.b 2.1.2 Saturday, September 14, 2024: 11:00 a.m. — 10:00 p.m. Alcohol last call 9:15 p.m., no service after 9:30 p.m. 2.2 The Rotary will ensure that all vendors have the necessary state licenses/permits for serving and selling alcohol. The Rotary intends to allow Event attendees of all ages and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, posting security at the entrances of the Event, and checking identification in accordance with common practice. Required fencing is addressed at Section 2.5, below. 2.3 The Rotary will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.4 The Rotary will provide a sufficient number of portable sani-cans and wash stations in addition to the City -provided permanent restrooms. Portable restrooms are not authorized to be placed on any of the grass surfaces and portable restroom service trucks are not permitted to drive on any surface other than the Sprague Connection promenade running East-West in the park. 2.5 The Rotary will provide fence installation and removal for Beer Garden and Wine Garden as required by law. Fencing will not utilize stakes that penetrate the grass. 2.6 The Rotary shall coordinate with the Boys and Girls Club to ensure their business remains accessible to their participants and vehicles as needed. 2.7 Garbage service will be contracted and paid for by the Rotary. 2.8 The Rotary will ensure that kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2.9 Vehicles will only be allowed on Sprague Connection promenade and Food Truck area for load and unload, with adjacent streets used for parking during the Event. 2.10 The Rotary will notify all individual residents of the affected areas surrounding the park to provide awareness of the increase in park activity, noise, music and street closures a minimum of 30 days prior to the Event. 2.11 Canopies, tents or similar structures must be held down with sandbags and not stakes. 2.12 The Rotary will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. Packet Pg. 40 2.1.b 2.13 The Rotary will provide security services necessary during the daytime hours (daytime hours being defined as those hours which the Event is in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.14 The Rotary will provide all security services necessary during the nighttime hours (nighttime hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.15 The provisions of Chapter 5.05 of the Edmonds City Code ("Animal Control") apply to the City -Provided Site. ECC 5.05.060 prohibits dogs, whether on leash or off leash from being present on City playfields. The Parks Director will provide a temporary exemption to this prohibition and allow dogs to be on leash at the Event. The Rotary will ensure that: (a) dogs remain on leash or under other manner of restraint at all times while on the City -Provided Site; (b) dogs do not enter the playground area; and (c) all dog waste is removed from the site. The Rotary will notify Police of any aggressive dog behavior. The Parks Director retains the right to suspend this temporary exemption at any time. 2.16 The Rotary will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Event with the Rotary CEO or designated representative, prior to 2:00 p.m., Friday, September 13, 2024. 2.17 The Rotary will be responsible for restoring the City -Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Rotary representative will meet with a member of the City's Parks Department prior to September 13, 2024 and on September 16, 2024 to inspect the City -Provided Site to document the "original" and "post event" conditions of the Civic Center Playfield and adjacent right of way spaces. 2.18 Cleanup areas include the City -Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.19 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 12:00 p.m., Sunday, September 15, 2024. 2.20 Damage Deposit: The Rotary will submit a cleaning/damage deposit of $1,500.00 to the City prior to September 1, 2024. The deposit will be refunded to the Rotary if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.21 Fees: The Rotary will pay the City $1,350 for the use of the City -Provided Site and $300 for restroom cleaning and restocking fees for a total of $1,650 prior to September 1, Packet Pg. 41 2.1.b 2024, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.22 Notices. All requests for additional services and concerns of the Rotary will be directed by the Rotary President to the City's designated representative, Parks Deputy Director at 425-771-0232. 2.23 Insurance: The Rotary will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Rotary's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Rotary's insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self- insurance, or self -insured pool coverage maintained by the city of Edmonds will be excess of the Rotary's insurance and will not contribute with it. In the event that the Rotary's employees and/or volunteers provide the service of alcohol at the event, the Rotary's General Liability insurance will also include host liquor liability coverage. However, if the Rotary contracts with a third -party vendor or vendors to provide all service of alcohol, the Rotary will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Rotary's Certificate of Insurance. The Rotary will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A: VII. 2.24 The Rotary agrees that Oktoberfest is a public event. The Rotary further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Rotary will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. Packet Pg. 42 2.1.b 2.25 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Rotary will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.26 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Rotary will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Rotary will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.27, below). 2.27 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Rotary will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Rotary will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Rotary will ensure that on -site collection containers are serviced properly and continually during the Event. A Rotary representative will meet with the City's Recycling Coordinator or representative prior to August 26, 2024, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.28 Indemnification: The Rotary shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Rotary and the City, its officers, officials, employees, and volunteers, the Rotary's liability hereunder shall be only to the extent of the Rotary's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Rotary's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Pg. 43 2.1.b 2.29 The Rotary may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.30 Neither the Rotary nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.31 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Rotary are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Rotary warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 3. Miscellaneous 3.1 Entire Agreement, Integration, Amendment, Waiver, Applicable Law and Venue. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. The failure of either party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force Majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. a Packet Pg. 44 2.1.b 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Rotary will be deemed to be the same of the City for any purpose. The Rotary alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The Rotary in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. It is the Rotary's responsibility to ensure that all of its representatives and all participants in the Event comply with all relevant COVID-19 and other health and safety related guidance. In the event that the City provides written notice to the Rotary of issue(s) relating to public health or safety and such issue(s) are not promptly corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Parks Director and at the sole discretion of the City, such issue threatens public health and safety. 3.5 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Rotary will constitute a breach of this Agreement. In the event the Rotary fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Rotary violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Rotary twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks Director may order the Rotary to cease operation of the Event hereunder immediately at any time should the Parks Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Rotary will have no further rights hereunder, and the City may require the immediate removal of all property of the Rotary and its vendors from the City -Provided Site. Packet Pg. 45 2.1.b DATED this day of 2024. CITY OF EDMONDS: ROTARY CLUB OF EDMONDS: Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Brian Albright, President Rotary Club of Edmonds io Packet Pg. 46 Exhibit A 2024 Uk Ober e# Site Pan .On d� § w � ! 4 - M| � � k OOSe2 ƒ fE ) ( � L @ - },: (®» }\[ : (\� 2 E § � ? t w § t k 0 06 ■ 0 _ m � � E § Q k w � t 2 0 19 0 Iq C14 q k E / 7 !! Packet Pg. 47 2.1.b Exhibit B Civic Center Playfield Amenities Map • 1p AB _ 0 0 0 :_: ® 2 D J ➢ O 0 a 12 Packet Pg. 48 Exhibit C 2.1.b REQUIREMENTS FOR Outdoor Assembly Events REQUIREMENTS: ❑ Outdoor assembly events shall be approved by the fire code official. (IFC 3106.2.1) ❑ An approved means of fire apparatus access shall be provided. (IFC 3106.2.3) ❑ The fire code official shall establish an occupant load for the event site. (IFC 3106.3.1) ❑ Unobstructed access to fire hydrants, drafting sources and other fire protection features shall be maintained at all times. (IFC 3106.2.3.1) ❑ Combustible refuse shall be kept in noncombustible containers with tight fitting or self -closing lids. Combustible refuse shall be removed from the event site at regular intervals to prevent an unsafe accumulation within the event site. (IFC 3106.4.7) ❑ Where events involve a gathering of more than 1,000 people, trained crowd managers shall be provided in accordance with Section 403.12.3. (IFC 3106.4.3) ❑ The number and location of emergency egress and escape routes shall be approved by the fire code official. (IFC 3106.3) ❑ Temporary special event structures in excess of 400 square feet shall not be erected, operated, or maintained for any purpose without first obtaining approval and a permit from the fire code official and the building official. (IFC 3105.2) ❑ Where required by the fire code official, an inspection report shall be provided and shall consist of maintenance, anchors, and fabric inspections. (IFC 3103.7.1) ❑ Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Documentation of structural stability shall be furnished to the fire code official. (IFC 3103.9) ❑ Temporary special event structures shall be located a distance from property lines and buildings to accommodate distances indicated in the construction drawings for guy wires, cross -bracing, ground anchors or ballast. Location shall not interfere with egress from a building or encroach on fire apparatus access roads. (IFC 3105.8) ❑ Tents or membrane structures shall not be located within 20 feet (6096 mm) of lot lines, buildings, other tents or membrane structures, parked vehicles, or internal combustion engines. (IFC 3103.8.2) ❑ Smoking shall not be permitted in tents or membrane structures. Approved "No Smoking" signs shall be conspicuously posted. (IFC 3106.4.5) ❑ An unobstructed fire break passageway or fire road not less than 12 feet (3658 mm) wide and free from guy ropes or other obstructions shall be maintained on all sides of all tents and membrane structures unless otherwise approved by the fire code official. (IFC 3103.8.6) Packet Pg. 49 LH ❑ Approved portable fire extinguishers complying with Section 906 shall be provided and placed in locations approved by the fire code official. (IFC 3106.4.4 / 3107.9) ❑ Open flame or other devices emitting flame, fire or heat or any flammable or combustible liquids, gas, charcoal or other cooking device or any unapproved devices shall not be permitted inside or located within 20 ft of the tent or membrane structure while open to the public unless approved by the fire code official. (IFC 3107.4) ❑ Cooking appliances or devices that produce sparks or grease -laden vapors or flying embers (firebrands) shall not be used within 20 feet (6096 mm) of a tent or temporary structure. Exceptions: ■ Designated cooking tents not occupied by the public when approved by the fire code official. ■ Tents or structures where cooking appliances are protected with an automatic fire - extinguishing system. (IFC 3106.5.1) ❑ Cooking equipment using combustible oils or solids shall meet the following: ■ A noncombustible lid shall be immediately available. The lid shall be of sufficient size to cover the cooking well completely. ■ The equipment shall be placed on a noncombustible surface. ■ An approved portable fire extinguisher for protection from cooking grease fires shall be provided at a location approved by the fire code official. (IFC 3106.5.2) ❑ Electrical equipment and wiring shall be listed and labeled for outdoor use. (IFC 3106.6.1) ❑ Generators shall be installed not less than 10 feet (3048 mm) from combustible materials and shall be isolated from the public by physical guard, fence or enclosure installed not less than 3 feet (914 mm) away from the internal combustion engine. Refueling of internal combustion engines shall not be allowed during cooking operations AND only when the electric generators and internal combustion power sources are not in use. (IFC 3106.6.2) ❑ Each generator shall be provided with an approved portable fire extinguisher complying with Section 906. (IFC 3106.6.3) ❑ LP -gas containers and tanks shall be located outside in accordance with Table 6104.3. Pressure relief valves shall be pointed away from the tent or membrane structure. (IFC 3107.13.2) ❑ Portable LP -gas containers, tanks, piping, valves and fittings that are located outside and are being used to fuel equipment inside a tent, or membrane structures shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be located in an approved location. Portable LP -gas containers shall be secured to prevent unauthorized movement. (IFC 3107.13.3) ❑ Generators and other internal combustion power sources shall be separated from tents or membrane structures by not less than 20 ft and shall be isolated from contact with the public by fencing, enclosure, or other approved means. (IFC 3107.16) 2.1.b SOUTH COUNTY FIRE (425) 551-1264 / Prevention@southsnofire.org Packet Pg. 50 2.1.b Regional Fire Marshals Mobile Food Preparation Vehicle Inspection Checklist This document is a regional fire inspection checklist for mobile food preparation vehicles with the intent of providing a standardized inspection that multiple fire jurisdictions recognize. You can find a list of the jurisdictions that are participating in this program. This program does not omit local jurisdiction requirements and their permitting processes. All mobile food preparation vehicle operators are required to contact each jurisdiction prior to operating within that jurisdiction. Name of Mobile Food Vehicle: Mailing Address: Contact Person: Phone Number: L&I Number (VEN): Date Inspected: Inspector Signature: Email: License Plate#: Fire Agency: Summary of Inspection - Regional ❑ Approved — No Violations ❑ Approved to operate — violations noted below must be corrected ❑ Not approved to operate Regional Inspection Checklist Documentation 1. Washington State L&I Approval Sticker Cooking System Type-1 Hood (If produces grease laden vapors) 1. Cooking suppression system is UL300 listed, serviced, and cleaned. • Date of last service: (Semiannually) • Date of last cleaning: 2. Manual Pull Station accessible and unobstructed. PASS FAIL N/A ❑ ❑ ❑ PASS FAIL N/A ❑ ❑ ❑ ❑ ❑ ❑ Packet Pg. 51 2.1.b Cooking Oil Storage PASS FAIL N/ 1. Aggregate volume less than 120 gallons. ❑ ❑ ❑ 2. Storage tanks stored in such a way as to not be toppled or ❑ ❑ ❑ damaged during transport. LP -Gas Systems PASS FAIL N/A 1. LP tanks located on the outside of the vehicle or in a vapor ❑ ❑ ❑ tight cabinet vented to the outside. 2. LP tanks located on back of vehicle are provided with ❑ ❑ ❑ adequate impact protection provided. 3. Maximum LP tank size less than 200 pounds. (4.23 lb = 1 gal) ❑ ❑ ❑ • Number of tanks: • Size of tanks: a� L • Date last inspected: a (Annually) • Date of last hydro: a� w> 4. LP tanks securely mounted and piping protected. ❑ ❑ ❑ 5. LP gas alarm installed, operational and tested. ❑ ❑ ❑ • Last test date: ° 6. LP shut off valves installed and accessible. ❑ ❑ ❑ 0 7. LP tanks used or stored outside of the vehicle shall be ❑ ❑ ❑ 3 secured with a non-combustible strap or chain in an upright position and protected from impact. Cn L CU U CNG Systems PASS FAIL N/A c 1. All CNG containers are NGV-2 cylinders with a maximum ❑ ❑ ❑ m E size less than 1300 pounds. (1 W = 8 lbs) a� • Number of tanks: a • Size of tanks: • Tank expiration date(s): w • Date last inspected: N , (Every 3 years) • Date of last hydro: 0Y 2. Tanks securely mounted and piping protected. ❑ ❑ ❑ 3. Methane gas alarm installed, operational and tested. ❑ ❑ ❑ N • Last tested date: a� E Portable Fire Extinguishers PASS FAIL N/A 1. Class K Extinguisher installed along egress path (if using ❑ ❑ ❑ a deep fat fryer or solid fuels). • Date last Serviced (Annually) 2. Fire protection system use placard installed near Class K ❑ ❑ ❑ Extinguisher. 2 Packet Pg. 52 3. 2A:10B:C portable extinguisher shall be provided along ❑ ❑ 2.1.b egress path. If LP -gas is used the portable extinguisher shall be a 2A:40B:C. • Date last serviced (Annually) Electrical PASS FAIL N/A 1. Extension cords protected from damage. ❑ ❑ ❑ 2. No open electrical junction boxes or wiring. ❑ ❑ ❑ Generators PASS FAIL N/A 1. Generators located a minimum of 10 feet from ❑ ❑ ❑ combustibles. L 2. Refueling of internal combustion engines shall not be ❑ ❑ ❑ a allowed during cooking operations and only when the electric generators and internal combustion power sources w are not in use. a� a� Keep Required Documentation in Your Food Truck Please ensure you keep a copy of the following documents in your truck. You may be asked to 0 produce these at any time by a fire department inspector. 3 0 • Your fire inspection report (this form or other documentation provided to you by the fire M agency that completed your inspection).CU • A copy of the inspection, test, and/or cleaning reports for your commercial range hood, fire v suppression system and extinguishers, completed by the contractor you use. m • A copy of any permit(s) issued by a local fire department for your food truck. E a� L Q _ W N d d O 0 N O N rr _ d E t V f� w Q 3 Packet Pg. 53 2.1.b Additional Checklist Information and Guidance Mobile food preparation vehicles are regulated by several different agencies as well as several different Codes and Standards. The below list, while not inclusive of all possible codes, standards, and regulations, is the general focus of local fire jurisdictions when evaluating food vehicles for operational permits. 2018 International Fire Code Sections: 105 — Permits 319 — Mobile food preparation vehicles 607 — Commercial kitchen hoods 608 — Commercial kitchen cooking oil storage 904.12 — Commercial cooking systems 906 — Portable extinguishers National Fire Protection Association Standards 17A — Wet chemical extinguishing systems 58 — Liquid petroleum gas code 96 - Ventilation control and fire protection of commercial cooking operations Additionally, the manufactureres recommendations for the installation, use and maintenance of their products should always be followed. Documentation Washington State L&I insignia or approval on vehicle or appliance Obtain Labor and Industries inspection and seal (black label affixed to the outside of the vehicle) prior to final inspection with the local health district. All occupied vehicles (commercial coaches, trucks, trailers) must obtain approval from the Washington State Department of Labor and Industries. Labor and Industries regulations govern the safety of design and the installation of plumbing, heating, and electrical equipment. Contact the Labor and Industries Plans Examiner at 360.902.5222 for more information. Cooking System Type-1 Hood (If produces grease laden vapors) Type-1 Hood inspection shall include but is not limited to verifying the following: • The system is a UL300 system. • The system has been serviced within the last six months or after activation. • Fusible links are replaced annually. • Grease filters are UL 1046. • Grease filters are arranged so that all exhaust air passes through them. 0 Packet Pg. 54 2.1.b • Grease filters are installed at an angle of not less than 45 degrees from the horizontal and orientation to drain grease. • Drip Trays and/or containers are present and installed correctly. • Manual Actuator located in an accessible, unobstructed location in a path of egress. • Manual Actuator is installed between 48 to 42 inches above the floor. • System Annunciation indicator (audible or visual) is provided to show that the system has been activated. • Exhaust, including hood, grease -removal devices, fans, ducts and other appurtenances, shall be inspected, cleaned and tagged by a qualified individual. TYPE OF COOKING OPERATIONS FREQUENCY OF INSPECTION & CLEANING High -volume cooking operations such as 24-hour cooking, charbroiling or wok 3 months cooking. Low -volume cooking operations such as places of religious worship, seasonal 12 months businesses and senior centers. Cooking operations utilizing solid fuel -burning cooking appliances. 1 month All other cooking operations. 6 months Cleaning Required when dirty or based on local requirements Cooking Appliances Deep -fat fryers — installed with at least a 16-in space between the fryer and surface flames or adjacent cooking equipment. Exception: Where a steel or tempered glass baffle plate is installed at a minimum fl- inches in height between the fryer and surface flames of the adjacent appliance. (NFPA 96 12.1.2.4) Movement of appliances — To minimize possible damage and impaired operation due to items shifting in transit, cooking appliances shall be constructed and secured in place or otherwise protected. (IFC 319.5) Cooking equipment cleaning — Cooking equipment that collects grease below the surface, behind the equipment, or in cooking equipment flue gas exhaust, such as griddles or char -broilers, shall be cleaned and maintained. (IFC 607.3.3.2) LP -Gas Systems (IFC 319.8/IFC 61) System location — LP -Gas supply systems, including the containers, shall be installed either on the outside of the vehicle or in a recess or cabinet that is vapor tight to the inside of the vehicle but accessible from and vented to the outside, with the vents located near the top and bottom of the enclosure and 3 feet horizontally away from any opening into the vehicle and below the level of the vents. Protection of containers — LP -gas containers installed or stored in or on the vehicle shall be: • Securely mounted and restrained to prevent movement. • LP tanks located on back of vehicle must have adequate impact protection provided. • Stored in an approved manner in an upright position. • Protected from weather. • Have a cap or collar to protect against physical damage regardless of whether they are full, partially full, or empty, and cylinder outlet valves shall be closed. Packet Pg. 55 2.1.b Protection of system piping — LP -gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact and damage, and damage from vibration. Tanks within hydro — All tanks shall be within hydro dates. Dates can be verified on new cylinders by checking for a manufacturer's 4-digit month/year stamped on the collar. Cylinders that have previously been recertified will have an aftermarket 6 or 8 alphanumeric stamp that will read like the following example: 02X07E or 07ABC07E. Inspected for damage — Damage can threaten the integrity of the tanks. LP -gas alarm — A listed LP -gas alarm shall be installed within the vehicle in the vicinity of LP -gas system components, in accordance with the manufacturer's instructions. Shutoff valves — There shall be a minimum of two shutoff valves: • Main shutoff valve on the LP -Gas containers for liquid and vapor shall be readily accessible. • Emergency shutoff valve shall be a quarter -turn manual gas ball valve installed within the LP -Gas piping installed on the exterior of the vehicle and readily accessible. Caution plate - A permanent caution plate shall be provided, affixed to either the appliance or the vehicle outside of any enclosure and adjacent to the container(s), and shall include the following items: CAUTION (1) Be sure all appliance valves are closed before opening container valve. (2) Connections at the appliances, regulators, and containers shall be checked periodically for leaks with soapy water or its equivalent. (3) Never use a match or flame to check for leaks. (4) Container valves shall be closed when equipment is not in use. CNG Systems (IFC 319.9) Inspected for damage — Damage or exposure to certain chemicals can threaten the integrity of CNG tanks Protection of system piping — CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. Methane alarms — A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. Diamond -shaped label - CNG vehicles shall be identified with a permanent, diamond -shaped label complying with the following: • Minimum of 4.72 in. long x 3.27 in. high • Marking in the label shall consist of a border and the letters "CNG" 1 in. minimum height centered in the diamond of silver or white reflective luminous material on a blue background. • Placed on an exterior vertical surface on the lower right rear of the vehicle. (not on the bumper) N. Packet Pg. 56 Train Your Food Truck Staff on These Fire Safety Basics: 2.1.b • Know where the fire extinguisher is and how to use it. You may find the acronym PASS helpful — Pull out the pin, Aim at the base, Squeeze, and make a back and forth Sweeping motion. 00o iRUCX • Clean up grease. Cleaning exhaust hoods is especially important since grease build-up can restrict air flow. Be sure to also clean walls and work surfaces; ranges, fryers, broilers, grills, and convection ovens; vent and filters. • Never throw water on a grease fire. Water tossed into grease will cause grease to splatter, spread, and likely erupt into a larger fire. • Remove ashes from charcoal and wood burning ovens at least daily. • Store flammable liquids properly. Keep them in their original containers or puncture -resistant, tightly sealed containers. Store in well ventilated areas away from combustible supplies, food, food -preparation areas of any source of flames. Have an Emergency Plan: If a fire breaks out in your mobile food facility, your staff must take control of the situation and all employees must exit the vehicle to a point safely away from the vehicle. • Power down. Train staff how to shut off propane and electrical power in case of emergency • Call 911. Ensure everyone exits the vehicle and call 911. Ensure you advise your customers to evacuate away from the vehicle. 7 Packet Pg. 57 ATTENTION. 2.1.b Are you aware that your compressed gas cylinders must be inspected? Cylinders are required to be requalified, or replaced every 5.12 years depending on the cylinder type, condition, and previous requafficatien method (Ref. 49 CFR §§ 180.205(d) and 180-209). The orxWal manufacturenest date and any requalification+'retest dates must be presented in a speafic manner. Cylinders that are overdue for requahfication must not be refilled, If propane tanks are manufactured to ASTM Standards and built into the truck's body making it difficult to remove, then these tanks are exempt from the DOT reinspection requirements. For more information, contact the Haznlat Info -Center 1-800-467-4922. RIN number identifying retester/requalif ier 7;214 Month last Year last requalified requalified Requalification Date 0505 Volumetric Test. Basic Marking. Must be requalified within \1 % J t 12 years of stamped date (Must be F requalified by 7/2026 in this example) Original Manufacture/ Test Date If no requalification �,. Proof Pressure Test. markings are found. the cylinder must be "IS" ndcates cylinder must he requalified 7 date be requasfred within 12 az 14S within years of stamped (Must years of the original requallfred by 712021 in this example{ marwfacture date. (Must be requalified by 5/2017 in this example) 1 External Visual Test. �(A', 4 'E" indicates cyfinder must be requalified within 5 years of stamped date (Must be ti requalfied by 712019 in this example) ® it cylinder is out of test find an approved requalffier to requality u S Dapartmonr your cylinder. A list of DOT approved requallfiers Is available of Transpwranon from the PHMSA website: ftellne and httpsv/ponal. phrnsa.dot,govr'rinlocator Harordous Materials Safety Administration R1 Packet Pg. 58 2.1.b Participating Fire Agencies This list will be revised based on changes and posted to the King County Fire Chiefs webpage located at: DOCUMENTS I KC Fire Chiefs (kingcountyfirechiefs.org) Bellevue Fire Bothell Fire Eastside Fire Enumclaw Fire Everett Fire KCFD #2 / Burien Fire King County Fire Marshal's Office / Unincorporated King County Kirkland Fire Marysville Fire District Regional Fire Authority Mercer Island Fire Mukilteo Fire North County Regional Fire Authority North Shore Fire Puget Sound Fire Redmond Fire Renton Fire Seattle Fire Shoreline Fire Snohomish County Fire Marshal's Office / Unincorporated Snohomish County Snohomish Regional Fire and Rescue South King Fire Tukwila Fire Valley Regional Fire Authority Woodinville Fire & Rescue If your jurisdiction would like to become a participating agency, please contact Tami Dauenhauer at 425-276-9581 or tauenhauer@rentonrfa.org. Revised 12/5/2022 Packet Pg. 59 Permit 2.1.b FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczoneC@edmondswa.gov Permit # R5765 Status Approved Date Jan 24, 20241:35 PM Organization Name Edmonds Rotary - 425 Organization Phone 1 (425) 771-3482 Customer Type Organization Number Organization Address P.O. Box 115 Edmonds, WA 98020 Agent Name Maggie Peterson Home Phone Number (425) 771-3482 Email Address mag2teach@comcast.net System User Todd Cort to C d Rental Fee $1,650.00 N Discounts $0.00 T Subtotal $1,650.00 Q C Deposits $1,500.00 > Deposit Discounts $0.00 W w rn Total Permit Fee $3,150.00 d N Q O r Y Total Payment $0.00 O Refunds $0.00 06 Balance $3,150.00 C s CO) L Oktoberfest O booking(s) 5 resources 20 bookin s Subtotal: $3,150.00 r N E Booking Summary L Civic Field BasketballQ - START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX y.+ > W Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 N N Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 N O Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Y O Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 le N O N START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX w = N E Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 t) r Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 Q Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 Resource level fees $1,650.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 # R5765 Status Approved Packet Pg. 60 Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 2.1.b Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 Resource level fees $1,500.00 Civic Field - Shade Structure (Park) START DATE/TIME END DATE/TIME Center: Civic Field ATTENDEE AMT W/O TAX Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00Civic to C Field - Tennis (Park) Center: Civic Field G> E START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAXCID N N L Thu, Sep 12, 2024 9:00 AM Thu, Sep 12, 2024 9:00 PM 1 $0.00 Q C Fri, Sep 13, 2024 9:00 AM Fri, Sep 13, 2024 9:00 PM 1 $0.00 N W Sat, Sep 14, 2024 9:00 AM Sat, Sep 14, 2024 9:00 PM 1 $0.00 N d Sun, Sep 15, 2024 9:00 AM Sun, Sep 15, 2024 9:00 PM 1 $0.00 � O r Y O Deposit °6 3 O EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE s N Oktoberfest Civic Field - Damage $1,500.00 $0.00 $0.00 $0.00 $1,500.00 L t� Grass Small Deposit C N E N Payment Schedules Original Balance: $3,150.00 Current Balance: $3,150.00 d DUE DATE Jun 26, 2024 Date: AMOUNTDUE $3,150.00 FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone#edmondswa.gov Q w AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE N $0.00 $0.00 $3,150.00 LL N N N O Y X: O le N Date: O N w C m E t Edmonds Rotary U r Customer Type: Organization Q Customer ID: 24952 Mailing Address: P.O. Box 115, Edmonds, WA 98020 Organization Phone 1 Number: (425) 771-3482 Authorized Agent Name: Maggie Peterson Home Phone Number: (425) 771-3482 Email Address: mag2teach#comcast.net # R5765 Status Approved Packet Pg. 61 2.1.b CERTIFICATE OF LIABILITY INSURANCE F0;103/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Crystal Gleason Hylant Group Inc PHONE ry FAX 811 Madison Ave vc No Ext : 419-259-2710 A/C No : 419-255-7557 Toledo OH 43604 ADDRIESS: Insured All Active US Rotary Clubs & Districts Rotary Club of Edmonds Attn: Risk Management Dept. 1560 Sherman Avenue Evanston, IL 60201-3698 INSURER A: Westchester Surplus Lines Insurance Company 10172 INSURERB: INSURERC: INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Liquor Liability Included Y G73578917003 7/1/2024 7/1/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 X MED EXP (Any one person) $ PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY JECT PRO ❑ LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y G73578917003 7/1/2024 7/1/2025 COMBINED SINGLE Ea accident $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR Not applicable EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Not applicable PER ERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is included as an additional insured where required by written contract or permit subject to the terms and conditions of the general liability policy, but only to the extent bodily injury or property damage is cause in whole or in part by the acts or omissions of the insured. CERTIFICATE HOLDER CANCELLATION City of Edmonds, WA. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �y+ c m E Gf a c as W W d 0) O Y 0 ca 3 O t co L M V r.+ C E L Ilm a C > W fn 4) M O 0 Iq N O N i d E t rJ M rr rr a © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 62 2.2 City Council Agenda Item Meeting Date: 07/16/2024 Mathay Ballinger Park Improvements Construction Contract Approval Staff Lead: Angie Feser/Shannon Burley Department: Parks, Recreation & Human Services Prepared By: Angie Feser Background/History The proposed improvements to Mathay Ballinger Park include the addition of a permanent restroom, drinking fountain, large picnic shelter, increasing to seven parking spaces, asphalt pathway through the park to provide ADA accessibility to the playground and connection to the paved Interurban Trail and concrete pad and related amenities of benches and picnic tables. (Design drawing attached). This project, approved in the Parks 2023 and 2024 Parks Capital Improvement (CIP) Plan and both 2023 and 2024 Decision Packages, started last year with design, engineering and permitting and this year's work to date includes the installation of the restroom. These improvements will also support the park's future expansion with the adjacent Mee property acquisition. Recently, a competitive bid process was successfully completed for the construction of the project. There were five bidders, three of which were responsive with the lowest bid coming from Accord Contractors, providing an offer of $249,053.74. As customary with public work projects, staff is also request additional spending authority of 10% ($24,900) of Management Reserve for any project unforeseen conditions. Due to the amount of the contract, it requires Council approval. The contract document, approved by city attorney, is attached. Staff Recommendation For the Parks & Public Works Committee to recommend the City Council in the next regular meeting authorize the Mayor to execute the attached contract between the City of Edmonds and Accord Contractors, LLC for the sum of $249,053.74 to construct improvements in Mathay Ballinger Park and allocate an additional $24,900 in Management Reserve for unforeseen conditions. Attachments: Mathay Ballinger Park Improvement Drawing Mathay Ballinger Park Improvements Bid Tab Contract for Mathay Ballinger Imp with Accord Packet Pg. 63 2.2.a SE 1/4, SE 1/4, SECTION 31, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. CB RIM=337.76 26"� 26112" F IE 12" RCP(NW)=335.86 ' 7.24 - ,' i l F F M IE 12" RCP(SE)=335.76 X -/ 'FI 22" / CB RIM=330 71 --_ un 33 ' ,' ' 16' F F IE 12'�RCP(NW)=328.88 ,� / /'F F 14 "x2 IE ,12 CPP(SW)=328.88 EXIST CB / / 26 / � RIM:330.71 � � � / / / IE (12" NW): 328.88 / / ��� IE (12" SW): 328.88' 334 Ole' /'' �� 34 // Q / / � 'J� / BRING TO GRADE W/ RISERS? `32 `\ ,/ 1 M � 0 / / J i INST LL SLID ON EXISTING CB CB RIM=327.80 // v�1, / SOLID // F 2 26 4J , I E 12" CPP NE = 324.68 / / / / /'� i / IE 12 PVC(SW)=324.68 / /' /' �0 33z F v 30 L BBQ F F /, -I/ // / ,/ ! �' GRILL „ F / T AREA y 26 /� SHED GATE , �� // / / BIKE z8 o v 33 POST / / 95, 481 SF F ��� �i RACK ' R.5% 2704�310040280,0/' SHED / '/'/J��--324 0/ CB RIM=326.19 / 6i�r��, //�/ /�G,�1�E/' / //� / /'O,ST/ // \ 32 ,�� / IE 12,� PVC(NE)-_ 323.39 / / / - 1 E 12" RCP S = 323.39 / / /� �� `.L/ F /lz 68 LF 6" PVC @ 0.5% 1 '' // o �3 �� ' ' X A i / / / / i / - ! - I;1 / A F3 /19 x2,� / / 12 324.0 Ile / /14 'X3 / �36 "x2 Ile 322.27/ 42" 22 , / C3. 26" / /F-- 42 a ,� i Ile/ 34 ' ' �- / / F 0000, / Si / P 1 ' // / S� I I� � ,- 22 / / I ► i l' I � 9.6' /l i 1 I I I I GRADING AND DRAINAGE PLAN WA WA 320.60 L 321.0- N 88-06'02" E 135. W (C) . I n I CONNECT TO EXISTING STORM %r I I I I I I ---------------------------- / 4. A. ..a . °a.. °.• / d e • :° °• . °• .ad•• 23..5! • ° .° .. aa• . a•. colv�cR•�rE • .. � ° •� 4 °.• d° ° / / \ a ° ° •a, 3 .98 8DEC 44 LF ^ 6" PVC 6/0.5% 4---------------------�----------------- ------- - - - -- ---------\ ` FENCE COR. 0.3' N \\ \\ -40LF:/4"DIP @6.1 OF CORNER HH \ CONNECTO EXISTI\NG�STO M NO CB RIM=319.82 \\ 60LF-6'IDIP@0.5% IE 2" PVC(W)=319.42 \\ )04 00100100 a �20.38 v 00 00491100000803 \\ \ IALTI \\ 3TROOM o I vv .0 \\ -' RESTROOM AND ALL UTILITY STUB \ OUTS PREVIOUSLY COMPLETED BY \\ �I OWNER. UTILITY STUB OUTS INCLUDE / C 36 I SEWER, WATER AND STORM \\ 28 F CB RIM=320.27 `\ COULD NOT OPEN __\-_-_-__ --------------------------------- 135.88'(P) i I I � II LOT 4 I � I I � I WARNER ADDITION I I nT ? VOL. 151 PG. 76 , 20 0 10 20 40 PAVING LEGEND NEW ASPHALT/UTILITY SAWCUT OVERLAY EXISTING ASPHALT NEW CONCRETE CATCH BASIN SCHEDULE MARK TYPE RIM ELEV INV ELEV NOTES TYPE 1 323.80 (6" S): 320.26 2 3 4 C3.3 C3.3 C3.3 TYPE 1 322.90 (6" N): 319.92 2 3 4 (6" W): 319.82 C3.3 C3.3 C3.3 TYPE 1 322.10 (6" E): 319.60 (6" S): 319.50 2 3 4 C3.3 C3.3 C3.3 TYPE 1 321.80 (6" S): 318.71 2 3 4 C3.3 C3.3 C3.3 TYPE 1 320.40 (6" N): 318.58 (6" S): 318.58 2 3 4 C3.3 C3.3 C3.3 TYPE 1 320.50 (12" W): 317.56 (4" E): 317.56 2 3 4 C3.3 C3.3 C3.3 (6" N): 318.10 �7 TYPE 1 320.50 (4" N): 319.0 (4" E): 319.0 2 3 4 C3.3 C3.3 C3.3 (4" W): 319.0 INFILTRATION TRENCH SCHEDULE MARK SIZE TOP BOT INV ELEV NOTES �1 47' x 10' x 2' 321.0 319.0 IE: (6" PERF PVC): 319.50 IE: (4" DIP OVERFLOW): 321.0 5 C3.3 L2 27' x 10' x 2' 320.0 318.0 IE: (6" PERF PVC): 318.50 IE: (4" DIP OVERFLOW): 320.0 5 C3.3 = 4m ENGINEERING, 250 4TH AVE. S., SUITE 200 EDMONDS, WASHINGTON 98020 PHONE (425) 778-8500 FAX (425) 778-5536 25385 SjONAL ' 06/07/24 J Q cn N W d J Z < m Z (� O o3 cn W Z U Q Ln o v Lu a m LLJ\\\ Q O O O c\-I Lr1 l0 r-I O O Y 0' Q DESIGN: JCO DRAWN: ATD CHECK: JPU JOB NO: 23072.001 DATE: 10/27/23 Ld 13- co O ly- U Ld 00 0 J � Z CL Q J = m 00 w 1 ` 0 < p Z =o0 a go E N Ld SHEET: Packet Pg. 64 2.2.b � CITY OF EDMONDS - PreliminaryResults Ojg! Est. 1 ggo PROJECT NAME: Mathay Ballinger Park Improvements Project PROJECT No.: c597.re City No.: 125.000.64.594.76.65.00 Federal Aid: N/A Bid Due Date: 06/28/2024 2PM Base Bid Proposal Signed & Bid Price Filled -In All Addenda Acknowledged Statement of Bidder Qual. & Signed Bid Bond Y - N CONTRACTOR Y _ N Y N Y - N w/ tax page 10 page 11 page 20 1 Inline Security Fence Incomplete Bid No No No No 2 James King Roofing Incomplete Bid No No No No 3 Redpoint Contracting $527,618.72 Yes Yes Yes Yes 4 Accord Contracting $249M53.74 Yes Yes Yes Yes 5 Welwest Contstruction $297,769.87 Yes Yes Yes Yes H:\Projects\Capital Projects\Mathay Ballinger Park\Bid Tab\Mathay Ballinger Park Improvements Bid Tab Sheet 1 of 1 Packet Pg. 65 2.2.c CITY OF EDMONDS SMALL WORKS CONTRACT (For Use Only on Contracts of $300,000 or less) Contract Title: Mathay Ballinger Park Improvements Project No. (if applicable): C597.re Contract Price: Item 1: $ 216,888.00 Item 2 $ 1,000.00 Item 1A: $ 7,500.00 Sales Tax (10.5%): $ 23,665.74 Total: $ 249,053.74 Contractor: Name: Accord Contractors, LLC Address: 12826 SE 49th LN, Suite 204 Bellevue, WA 98006 Phone No: 425-754-6759 Email: keith@accordcontractors.com State in which firm was incorporated or where business entity was formed: Firm has a physical location in Washington State (yes/no): The City shall award a contract based on the lowest acceptable bid for one, all or a combination of the bid schedules in the contract proposal. The combination of bid schedules awarded shall be at the sole discretion of the City. Pursuant to the provisions of RCW 39.04.380, if a bid is received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage will be applied to the bid of that nonresident contractor. THIS AGREEMENT is made and entered into by and between the City of Edmonds, a municipal corporation (the "City") and Accord Contractors, LLC (the "Contractor"). In consideration of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree to the following: Page 1 Packet Pg. 66 2.2.c Scope Of Work. The Contractor shall furnish all materials, equipment and labor to complete the scope of work set forth in Attachment A, attached hereto and made a part hereof by this reference. The most recent version of the Washington State Department of Transportation (WSDOT) and APWA Standard Specifications for Road, Bridge and Municipal Construction are the specifications for the project, including the General Requirements, Technical Specifications (Divisions 2 through 9) and Edmonds Standard Details, except as amended, modified, clarified, deleted or expanded in Attachment A. In addition, the following documents, including but not limited to all obligations, plans, specifications, standards and requirements therein, are hereby incorporated in this agreement by reference: Bidder Responsibility. The prime contract bidder shall be qualified pursuant to RCW 39.04.350, and shall submit with the bid a completed and signed Statement of Bidder Qualification form, a copy of which is included in Attachment B. Contract Price. The Contractor shall perform the work for the price set forth above. Duration of Agreement. The term of this Agreement shall commence upon execution by the parties. All work under this Agreement shall be completed within 40 working days from the City's issuance of the Notice to Proceed (NTP). Performance Bond. As required under Chapter 39.08 RCW, the Contractor shall provide the City a performance bond (Attachment C) for the full contract amount plus increases covered by change orders issued by the City under this Agreement. The Contractor may choose to provide alternatives to a performance bond when permitted under RCW 39.08.010. Prevailing Wages. The Contractor shall pay prevailing wages in accordance with Chapter 39.12 RCW. A completed Statement of Intent to Pay Prevailing Wages must be submitted to the City for the prime contractor and each subcontractor prior to the first payment. A completed Affidavit of Wages Paid must be submitted to the City for the prime contractor and each subcontractor prior to final payment and/or release of retainage. Labor And Industries Insurance. The Contractor's industrial insurance (workers' compensation) premium status shall be current with the Washington State Department of Labor and Industries prior to commencement of work under this Agreement and shall be maintained current for the duration of the Agreement. Retainage. An amount of five percent (5%) of moneys earned by the Contractor may be retained by the City until all requirements under Chapter 60.28 RCW are completed, including satisfactory submittal of all required Affidavits of Wages Paid and verification of current Labor and Industries industrial insurance premium status. Page 2 Packet Pg. 67 2.2.c Defective or Unauthorized Work. The City reserves the right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" means all reasonable costs incurred by the City, including legal costs and attorneys' fees, beyond the maximum contract price under this Agreement. The City further reserves the right to deduct the cost to complete the work, including any additional costs, from any amounts due or to become due to the Contractor. Warranty. The Contractor shall correct all defects in workmanship and materials within one year from the date of physical completion. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the correction and the Contractor shall pay all costs incurred by the City to accomplish the correction. Hold Harmless. The Contractor shall perform all work at the Contractor's risk and the Contractor expressly agrees to hold harmless and indemnify the City, its officers, agents and employees from any and all claims, liability, loss, or damage(s), including costs and reasonable attorneys' fees for defense of the same that the City may suffer as a result of claims, liability, loss, or damages to any and all persons or property, costs, or judgments against the City which result from, arise out of, or are in any way connected with the work to be performed by Contractor under this Agreement. This expressly includes any and all claims by employees, subcontractors and assignees of Contractor for which Contractor would have immunity under the Workers Compensation Act for purposes of this indemnification only. The foregoing waiver was mutually negotiated by the parties. Insurance. The Contractor shall procure and maintain at its expense during the term of this Agreement general liability insurance in the minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage; automobile liability (bodily injury and property insurance) in the minimum amount of $1,000,000; and statutory worker's compensation. The Contractor agrees to furnish the City with a Certificate of Insurance as proof of the appropriate insurance coverage listed above prior to the commencement of any work under this Agreement. The Contractor shall provide the City with additional insured endorsements naming the City of Edmonds, its officers, agents and employees as additional insured for all relevant policies called for herein. Termination. In addition to any other termination provision in the aforementioned Standard Specifications or applicable law or rule, the City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: 1. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the work. 2. The Contractor's failure to complete the work within the time specified in this Agreement. Page 3 Packet Pg. 68 2.2.c 3. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. 4. The Contractor's failure to comply with any federal, state, or local laws, regulations, rules, or ordinances. 5. The Contractor's filing for bankruptcy or being adjudged bankrupt. If the City terminates this Agreement for good cause, the Contractor shall not receive any further monies due under this Agreement until the contracted work is completed. DATE: , 2024. CITY OF EDMONDS CONTRACTOR By: Mike Rosen, Mayor (Signature) Printed Name: Title: OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: I declare under penalty of perjury under the laws of the State of Washington that the following is true and correct: The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date June 14, 2024 the bidder is not a "willful" violator, as defined in RCW 49.48.082, or of any provisions of chapters 49.46, 49.48, or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. Signed on the day of , (date) (month) (year) At , (city/other location) (state or country) Signature: Printed Name and Title: Business Address: Business Telephone: Page 4 Packet Pg. 69 2.2.c ATTACHMENT A SCOPE OF WORK Project Scope: The successful bidder shall be required to furnish the necessary equipment, materials, and labor. All of the below shall be accomplished in accordance with these bid documents, plans, and specifications. Engineer's Estimate $225,000.00 The project covered by these specifications and bid documents is generally described as follows: Bid Item I — Mathay Ballinger Park Improvements • All electrical work as shown on the electrical plans provided by Design West Engineering. • All work as shown on the Civil plans provided by CG Engineering • All permits needed for electrical work. The City of Edmonds does not perform electrical inspections. All electrical permits will be through L&I. • Installation of utilities, including water, power, sewer, and stormwater facilities. Note: the restroom utility stub outs for drainage, water, and sewer are by -owner. Contractor will be responsible for connecting from existing stubbed out restroom utilities to city utilities. • Installation of an asphalt shared -use pathway. • Connection to existing trail. • Connections to existing utilities. • Installation of extruded curb. • Channelization of parking stalls. • Installation of concrete slabs for picnic table and benches. • Relocate existing park entrance sign. • Import and excavation of cut and fill materials as needed. • Installation of (3) bollards — location and material. • Restoration of site to pre -construction conditions including sweeping, site cleanup, & vegetation/turf. • Survey work including field staking, elevation hubs. Bid Item 2 — Trench Safety Systems • Supplying trench safety systems as needed per RCW 39.04.180. Bid Item I — Bid additive for Concrete Pavilion Foundation • Installation of a concrete pavilion foundation per the Romtec plans and specs in the location show on the Civil Plans supplied by CG Engineering. • The pavilion structure and installation of the pavilion structure are not part of this scope. • Grading around perimeter of slab foundation to 4% of less. • Restoration of site to pre -construction conditions including sweeping, site cleanup, & vegetation/turf. 1 Packet Pg. 70 2.2.c STATEMENT OF BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDEIt PURSUANT'i'O RCW 39,04.350 Name of Contractor Accord Contractors LLC� __...... Address: 12826 SE 40th LN Ste 244 Bellevue_ WA 98006 _.- Phone Number: 425-754-6759 Fax Number: 1-425-336-0369 Washington State Dept. of Labor and Industries Worker's Compensation Account No: 261,071-00 Washington State Dept. of Licensing Contractor's Registration Number: _ACCOR L906CB Expiration hate: 2/02/2026 Washington State Uniform Business Identifier No. 602 700 903 (Ivfust have before UBI number before the contract is awarded.) Number of years the contractor has been engaged in the construction business under the present firm name above: 25 At the time of bid submittal, did the contractor have a certificate of contractor registration in compliance with Chapter 18.27 RCW, a plumbing contractor license in compliance with Chapter 18.106 RCW, an elevator contractor license in compliance with Chapter 70.87 RCW, or an electrical contractor license in compliance with Chapter 19.28 RCW, as required under the provisions of those chapters? Yes - General Contractor Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? Yes Does the contractor have an employment security department number as required in Title 50 RCW? (provide number): 000-014845-00-8 Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide number): 26-4721753 Has the contractor been disqualified from bidding on any public works contract under RCW 39.06,010 or 39.12,065(3)? No If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, has the contractor been found out of compliance by the Washington State Apprenticeship and 'Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation? No Has the contractor received training on the requirements related to public works and prevailing wage under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f)? No - Exempt Within the three-year period immediately preceding the date of the bid solicitation, was the contractor (determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW? Nn Pursuant to RCW 39 06.020, contractor further agrees to verify responsibility criteria for ., each of its subcontractors and to require each of its subcontractors to both verify responsibility criteria for its Page 18 Packet Pg. 71 2.2.c subcontractors and include instant condition for verification requirement. STATEMENT OF SUPPLEMENTAL BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 1. At the time of bid submittal, does Contractor owe delinquent taxes to the Washington State Department of Revenue? No If yes, does Contractor have a payment plan approved by the Department of Revenue? 0_1_k 2. Is Contractor currently debarred or suspended by the federal government? No 3. Has Contractor complied with all applicable minority and women's business enterprises, disadvantaged business enterprises, and other similar utilization requirements or goals on federally -funded public works projects with such requirements within three years of the bid submittal deadline? Yes . If no, please state any extenuating circumstances regarding this issue. . it A 4, Is Contractor listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.0 § 6101 and Executive Order 13496? ^No 5. Has Contractor been convicted of a crime involving bidding on a public works contract within five years of the bid submittal deadline? No 6. Subcontractor Responsibility Requirements: a) Does Contractor's standard subcontract form include the subcontractor responsibility language required by RCW 39.06.020? yes b) Does Contractor have an established procedure to validate the responsibility of each of its subcontractors? Yes c) Does Contractor's subcontract form include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with which it contracts are also "responsible" subcontractors as defined by RCW 39.06.020? Yes 7. Does Contractor have a record of excessive claims filed against the retainage or payment bonds for public works projects within three years of the bid submittal deadline? No.... If yes, please state any extenuating circumstances regarding this issue I A- 8. Has Contractor successfully completed projects of a similar size and scope as required by the contract documents for this project? Yes . Page 19 Packet Pg. 72 2.2.c If yes, please provide information on such project(s) and contact information for each contracting agency_ f 1 r 14 Please note: In evaluating whether projects were successfully completed, the City may check owner referencesfor previous projects and evaluate the owner's assessment of bidder performance, including but not limited to quality control, safety record, timeliness of performance, use of'skilled personnel, managentent of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and inanagentent of submittals process, change orders and close-out. 9. Has Contractor had a public works contract terminated for cause by a government agency within five years of the bid submittal deadline? —2. If yes, please state any extenuating circumstances regarding this issue. 10. Has Contractor had judgments entered by a court of law against it within five years of the bid submittal deadline that demonstrate a pattern of failing to meet the terms of contracts? No If yes, please state any extenuating circumstances regarding this issue. 11. Does Contractor have a documented pattern of prevailing wage complaints filed against it within five years of the bid submittal deadline that demonstrates a failure to pay workers prevailing wages? No . If yes, please state any extenuating circumstances regarding this issue. /Gcp(d Cp,,f� ccord Contractors, LLC CIOTrc"�� 'Ocoo Adder Company (Contractor) Nance m 2Qe�4 n Sigraatin•e �. a i g Member Date Page 20 Packet Pg. 73 2.2.c Mathay Ballinger Park Improvements Project RESPONSE TO # 8 -- Job List Agency/Owner: Snohomish County PUD Project Title: SWR — Operations Center Transformer Access Walkway Contact: Sharon Christie Telephone: 425-783-5564 Date: Sept 2022 Cost: $117,058 Scope: To construct a walkway and platform to provide access to transformers and switches located on a hill on the west side of the DISTRICT'S Operations Center. The walkway will require approximately 100 feet of thickened -edge concrete sidewalk, along with 25 feet of normal sidewalk, and a 400 square foot concrete pavement access platform. A removeable safety railing will also be included in the scope of work. Agency/Owner: HASCO — Snohomish Housing Authority — Millwood Estates Project Title: Operations Center Transformer Access Walkway Contact: Jackie VanAssche Telephone: 425-293-0555 Date: Dec 2022 Cost: $213,777 Scope: Replacement of concrete walkways, mailboxes, and stairs/rails Agency/Owner: Magnolia Chamber of Commerce Project Title: Magnolia -Phase 3 Contact: Don Gilmore Telephone: _ITD -1c) Date: June 20024 Cost:E,c�c`x= Scope: Sidewalk/curb demo and installation, tree well prep, flower pole footing installation and pole erection, bench bike rack and table installation. Agency/Owner: City of New Castle Project Title: Lake Boren Crosstown Trail Contact: Dave de la Cruz Telephone: 425-386-4110 Date: May 2023 Cost: $ 2,073,120 Scope: create pedestrian circulation elements along the southern end of Lake Boren. This includes 2 viewing areas, approximately one acre of habitat enhancement/restoration, an information kiosk, approximately 300 lineal feet of elevated boardwalk, and 300 lineal fee of pathways on terra firma. Agency/Owner: City of Snohomish Project Title: City of Snohomish Pine Avenue Sidewalk Repair Project Contact: Yoshihiro Monzaki Telephone: 360-282-3161 Date: June 2023 Cost: $68,719 Scope: consists of clearing, grubbing, tree root removal, vegetation trimming, grading, filling, traffic control, erosion control, concrete construction, miscellaneous surface restoration, and other related items I Packet Pg. 74 2.2.c ATTACHMENT C PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the CITY OF EDMONDS, WASHINGTON, has awarded Accord Contractors, LLC, hereinafter designated as the "Principal," a contract for the construction of the Mathav Balling Park Improvements project, which consists of Invitation to Bid, referenced Standard Specifications, Technical Specifications, Plans, Accepted Proposal and Agreement, all as hereto attached and made a part hereof, and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance and payment of said contract. NOW, THEREFORE, we the principal and , a corporation, organized and existing under and by virtue of the laws of the State of , and duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the CITY OF EDMONDS and the State of Washington, for and in behalf of Mathav Ballinger Park Improvements in the sum of Two Hundred Forty -Nine Thousand Fifty -Three Dollars and Seventy -Four Cents ($249,053.74) lawful money of the United States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, on his or their parts, and shall indemnify and save harmless the CITY OF EDMONDS, WASHINGTON, its officers and agents, and shall further save harmless and indemnify said CITY OF EDMONDS, WASHINGTON from any defect or defects in any of the workmanship or materials entering into any part of the work or designated equipment covered by said contract, which shall develop or be discovered within one year after the physical completion of such work, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, provided that the liability hereunder for defects in materials and workmanship for a period of one year after the physical completion of such work. THE SURETY, for value received, further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligation on this bond, and the Surety does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. Packet Pg. 75 2.2.c The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to the Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, this instrument is executed in three counterparts, each of which shall be deemed an original, this day of 2024. Principal By Title TWO WITNESSES ATTEST (if corporation) Surety By Title Its Address of local office and agent of surety company is: APPROVED AS TO FORM Office of the City Attorney Packet Pg. 76 2.3 City Council Agenda Item Meeting Date: 07/16/2024 Report on Construction Bids for the Main Street Overlay Project Staff Lead: Rob English/Ryan Hague Department: Engineering Preparer: Emiko Rodarte 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 provided a project update to the City Council. Staff Recommendation Staff will provide the proposed construction budget and a possible recommendation to award at the committee meeting. Narrative The project consists of a full -width grind and a 2" pavement overlay along Main St from 6th Ave to 8th Ave. This project also includes upgrading all noncompliant ADA curb ramps within the project limits and installation of an eastbound bicycle lane. On July 9, 2024, the City received 2 construction bids for the Main St Overlay Project. Taylor's Excavators submitted the low bid of $1,331,275 and Road Construction Northwest submitted the high bid of $1,583,842. The bids have been tabulated and are attached as Attachment 1. Staff are reviewing Taylor's Excavators' bid documents for responsibility and responsiveness. The project costs are being funded by grants from FHWA and the State Transportation Improvement Board (TIB), REET (Fund 126), and Stormwater Utility Fund (Fund 422). Attachments: Attachment 1 - Bid Tab Attachment 2 - Area Map Packet Pg. 77 2.3.a MAIN STREET OVERLAY PROJECT Fed Aid # STBGUL-2512(010) ENGINEER TAYLOR'S ROAD CONSTRUCTION BIDDER ESTIMATE EXCAVATORS NORTHWEST SCHEDULE A $ 862,500.00 $ 902,890.00 $ 1,019,477.00 ROADWAY SCHEDULE B $ 330,050.00 $ 423,385.00 $ 563,915.00 STORMWATER SCHEDULE C $ 10,000.00 $ 5,000.00 $ 450.00 WARRANTY TOTAL $ 1,202,550.00 1 $ 1,331,275.00 $ 1,583,842.00 Co r Q Bid Opening 7/9/24, 2:15 PM Packet Pg. 78 A I ►\ EL"- m RIMLVA �Uv wj LVA wAil 0 [ �,._ !►_ -)-r,—'c "', -- , I I _awl - t�i � r•if Y i t, � -rr r IW- -wow-1 ..:r - 'ter- ,!• _r • ,•y •H .� . - -,ark.:, �', n !Iw - • , ` / .-: .:. ` ii" •` .. I. < •r1 . �..( , _ - _ Ii-1 Y { I' - - ')� 1_J__Yi.W `LtY - -. .,' •t. .,- - : - � ,.. .,. - _ram- -- y - - _ -'s ,� � .. I C' - - '�X . - . - .7 . .., _ - 1: - t, . - _ .�ii -�'i• - .s-- - .:L ; ' �y, 'L ' _ 1 • s r KI w-7- W- SIS sr l - �N � ,'T 'a; -I �`/• - _ .{. � _ fir•---- f f I` r .i r _ MIT Ali .,All, f .: - r IV , - r-'•ion.MR now-0 I �+•. ` 1-0 vw L 4� :e... 'i3- _ -- �it 4 �::. ,� _-.5 - _ 1' - `_�, _ - - r� •,. .1. Y I p _ r Ftt = - a - " .. fir.• is �r %- ;7 �' r �=+r � � ' ' �'.: .kilt t l,- +;,� 1' _ I : It 1 �. J I TF 1 w �' � f , r' - � ' '�3 � pry FEDERALLY FUNDED _ {7 ' �.. •� :I - ALP OVERLAY - }' r 1 AM? ,7 �-- s:'� w . � ` ,•tii .` - - - :rrlisf - ram_ �ti+•. - -r- -y AML _ t l mb ` _ '. _ . - r �•-•!��' _ .n i r _ tIM I 7 �'1 A r t � L" � LOCALLY A , OVERLAY - - } - \111= I - . • `-.aGvcrc:. �R _ 7C-.i.�lll l t II/-- r• . _ _ I - - - _ ' �':'•=5�::::r::'' _ - r.. ... , _ _ _ _ _ _ = f - It 7 • I I � - � � � � _ � _ `` - . - - � ie •' � . 7 - � �v. ` I a �I �r I' _ — r t• . I � r_ - r (�1' �. -�.t •�• • - n - 1 - t I .`� � � S • - r Q' r -vim • ., - - '-0, _ 1._ 1, _ II'- - -tee. - �� �' P '' r r J - �^• •2f 1 .r t ;� - - . � �- a •� � rr�, •Q. •.I r' _a. !' - _ _ _ - f 4 � ' -1 - �', "g! - .� � _ .-gip' ■ `` .. I �jr'-� ..I - r_ _ - _ _ i :�fJ '. � ate:' '�rl• [ 'p-r `-'� ;� ... Titir. _ .. - - . z • ip ia• q l ir• /• r a''T _ f ;1y .� Art i I ;� � i �:. Y'�� r •r'a�� s _ A Y,•..i,. - 4f , Mapi- 'St _ V -. ` '1.•' :..I.. .4 ...• I r �LL.I -: •Ir�,ln /��1 1��r .y.1�. "~ .1(.� ;r . 1 _•►• ` , (- . � } :� � � � � .Y _ irk , ' 2.4 City Council Agenda Item Meeting Date: 07/16/2024 Presentation of Haul Route Agreement for Meadowdale Beach Park Estuary Restoration Project Staff Lead: Rob English Department: Engineering Preparer: Rob English Background/History In September 2021, the City and Snohomish County signed a Memorandum of Understanding regarding the haul route for construction of the Meadowdale Beach Park and Estuary Restoration Project. Staff Recommendation Forward item to the consent agenda for approval. Narrative In September 2021, the City and Snohomish County signed a Memorandum of Understanding (MOU) regarding the haul route for construction of the Meadowdale Beach Park Estuary Restoration Project. The County estimated 2,700 truck trips would be needed for their project on the proposed Haul Route from Meadowdale Beach Park to 75th PL W/76th Ave in Edmonds and to Olympic View Drive into Lynnwood. The MOU was established to address the anticipated pavement damage caused by repetitive truck trips on the City's portion of the haul route. The County's project is now complete, and surveys were performed on the pre- and post -haul pavement condition. IMS, a pavement management and condition consultant, completed the surveys and found the City's pavement condition index (PCI) along the Haul Route decreased from 87 to 80. The predicted PCI if no project had occurred was 85. Based on this information, IMS calculated an increase of $142,800 in pavement maintenance costs due to the County's project. Attached is the Haul Route Agreement that documents the agreement between the City and Snohomish County and confirms the payment of $142,800 to the City. The Agreement has been approved by the Snohomish County Council. Attachments: Attachment 1 - Haul Route Agreement - Meadowdale Beach Park Estuary Restoration Project Packet Pg. 80 2.4.a HAUL ROUTE AGREEMENT MEADOWDALE BEACH PARK ESTUARY RESTORATION PROJECT THIS AGREEMENT is made and entered into this day of May 2024 by and between the City of Edmonds, hereinafter referred to as the "City," and Snohomish County, hereinafter referred to as the "County." WHEREAS, in September 2021, the City and the County entered into a Memorandum of Understanding ("MOU") regarding the Meadowdale Beach Park Estuary Restoration Project ("Project"); and WHEREAS, the MOU outlined County plans to transport items related to the Project, including but not limited to products, equipment, materials, and/or supplies over the City roads listed in the Proposed Haul Route attached as Exhibit A to the MOU; and WHEREAS, the County anticipated approximately 2,700 truck trips would be needed for the Project along the Proposed Haul Route; and WHEREAS, the City is responsible for constructing, altering, improving, and maintaining City roads under the supervision and direction of the Public Works Director; and WHEREAS, the City may limit or prohibit classes, types, or weights of vehicles, or may impose any other restrictions as may be deemed necessary, on vehicles which travel on City roads pursuant to RCW 46.44.080 to limit undue damage to the same; and WHEREAS, the City and the County anticipated that, as a result of the County's use of City roads, accelerated deterioration might occur; thus, repairs or improvements would be required and additional maintenance expenses might be incurred by the City; and WHEREAS, the City is authorized to issue special permits for vehicles to use Haul Routes pursuant to the provisions of RCW 46.44.080; and WHEREAS, the MOU provided that the County would document and track truck trips on the Haul Route associated with the Project; and WHEREAS, the Project has been completed and a consultant has determined the estimated pavement maintenance cost increases attributable to the Project; and WHEREAS, the County agrees to pay to the City the amount determined by the consultant; NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained herein, it is mutually agreed as follows: Packet Pg. 81 2.4.a 1. INTEGRATION: The recitals above and the MOU referenced therein are incorporated into this Haul Route Agreement by reference as if fully set forth herein. 2. PURPOSE STATEMENT: This Haul Route Agreement applies to the City roads described in Exhibit A to the MOU which were used by the County for the purpose of carrying out the Meadowdale Beach Park Estuary Restoration Project. The purpose of this Haul Route Agreement is to memorialize the terms by which the County will reimburse the City for the costs relating to the accelerated deterioration of City roads due to these County hauling operations. 3. GENERAL AGREEMENT AS TO ROAD USE: The County understands and agrees that, although the roads covered by this Haul Route Agreement are on the City Road System and are subject to normal traffic use, the County, by virtue of the extraordinary use of the roads, assumes responsibility for all repairs and additional maintenance costs on such roads resulting from its use of such roads as a Haul Route for the Project. Such costs are to be reimbursed by the County as outlined in Section 5. 5. COUNTY REIMBURSEMENT OF CITY EXPENSES: The consultant's evaluation found that the City's Pavement Condition Index ("PCI") for the City roads along the Haul Route decreased from 87 to 80, and the predicted PCI if no Project hauling had occurred was 85. The consultant's evaluation of the pre- and post - haul surveys determined that the estimated pavement maintenance costs increased from $107,400 (pre -haul) to $250,200 (post -haul) due to the County's truck hauling for the Project. The County hereby agrees to pay to the City the difference of One Hundred Forty -Two Thousand Eight Hundred Dollars ($142,800) within thirty (30) days of the execution of this Haul Route Agreement. 6. TERMINATION: This Agreement will automatically terminate upon the City's acceptance of the County's payment of the amount set forth in Section 5.. 7. SEVERABILITY: If any provision of this Agreement is held to be invalid it will have no effect upon the validity of the remaining provisions of this Agreement. Packet Pg. 82 2.4.a IN WITNESS WHEREOF, the parties hereto execute this Haul Route Agreement as of the date set forth above. CITY OF EDMONDS SNOHOMISH COUNTY Oscar Antillon, Director Public Works and Utilities Digitally signed by Harper, Har er Lace Lacey p , Y Date:2024.06.26 12:29:37-07'00' County Executive Approved to Form only: Digitally signed by Marsh, Marsh George Geora Date: 2024.06.03 g 13:12:28-07'00' Deputy Prosecuting Attorney Packet Pg. 83 2.5 City Council Agenda Item Meeting Date: 07/16/2024 Presentation of Professional Services Agreement for the Edmonds Marsh Estuary Planning Study Staff Lead: Oscar Antillon Department: Public Works & Utilities Preparer: Emiko Rodarte Background/History On March 19, 2024, City Council authorized the Mayor to sign the grant agreement with National Fish and Wildlife Foundation to complete the study and approved proceeding with the consultant selection process to hire a consuls in accordance with the City's purchasing policy. Staff Recommendation Forward item to the consent agenda for approval. Narrative In partnership with a citizen volunteer group, the City applied for a National Fish and Wildlife Foundation Grant to support the planning process for the eventual restoration of the Edmonds Marsh. The scope of the work includes completing a gap analysis of the existing data, listing restoration alternatives, potential impact of exposing contaminated soil to surface water, listing the permits and approvals required for restoration, evaluating project land purchase and restoration funding options, identifying a process that defines community goals for the marsh and producing a scoping document that lists the tasks required to complete the restoration plan. In accordance with the City's Purchasing Policy, a Request for Qualifications (RFQ) was advertised. Blue Coast Engineering was selected from a group of three interested firms that submitted Statement of Qualifications (SOQs) for this project. The scope of work covers three study tasks: (1) Hydrologic Evaluation and Hydraulic Modeling; (2) Contamination Impact Analysis; and (3) Planning and Public Outreach/Engagement. Task 4 provides project management activities for the duration of the study. The proposed professional services fee is $174,997 and will be funded by the grant and local match from the Marsh Restoration Fund (Fund 017). Attachments: Attachment 1 - Agreement Packet Pg. 84 2.5.a of EDM0� d CITY OF EDMOND S MIKE ROSEN 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - WWW.EDMONDSWA.GOV 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 Blue Coast Engineering LLC, hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Edmonds Marsh Planning Study project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED SEVENTY- FOUR THOUSAND NINE HUNDRED NINETY-SEVEN DOLLARS ($174,997). 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. E24FE.Blue Coast Engineering PSA 1 Packet Pg. 85 2.5.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. E24FE.Blue Coast Engineering PSA 2 Packet Pg. 86 2.5.a 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. The Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. E24FE.Blue Coast Engineering PSA 3 Packet Pg. 87 2.5.a 10. Termination. This being an Agreement for professional services, either parry may terminate this Agreement for any reason upon giving the other parry written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as 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 E 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 a services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant E24FE.Blue Coast Engineering PSA 4 Packet Pg. 88 2.5.a agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Blue Coast Engineering LLC 18320 47th PI NE Lake Forest Park, WA 98155 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. BLUE COAST ENGINEERING LLC Kathy Ketteridge, PhD, PE Manager E24FE.Blue Coast Engineering PSA 5 Packet Pg. 89 2.5.a STATE OF WASHINGTON ) )ss COUNTY OF KING ) 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 Kathy Ketteridge, Manager for Blue Coast Engineering LLC, 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: E24FE.Blue Coast Engineering PSA 6 Packet Pg. 90 2.5.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. E24FE.Blue Coast Engineering PSA 7 Packet Pg. 91 2.5.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). E24FE.Blue Coast Engineering PSA 8 Packet Pg. 92 Blue Coast Engineering and Anchor QEA July 8, 2024 Edmonds Marsh Estuary Planning Study City of Edmonds TEAM OVERVIEW Blue Coast Engineering LLC (Blue Coast) and Anchor QEA (AQ), referred to herein as the design team, will work closely alongside Edmonds Marsh Estuary Advocates (EMEA) to assist the City of Edmonds (City) with completing a planning study in support of restoration work at Edmonds Marsh within the City of Edmonds (Project). The purpose of this project is to collect information in support of the planning process for reconnecting the Edmonds Marsh to Puget Sound and restoring estuary habitat; a plan that would reduce community flood risk, support the Puget Sound food web, and create rearing habitat for salmon, forage fish, birds and wildlife. Work completed by the design team will include hydraulic modeling of existing and proposed conditions within the Project area (and near vicinity), a contamination impact analysis, and planning and public outreach/engagement activities as described in this Scope of Work (SOW). This SOW has been developed based on the specific scope of work outlined in the Request for Qualifications (RFQ) for the project and our team's approach provided in our response to the project RFQ. Blue Coast will be the prime consultant on the project responsible for overall project management, hydraulic modeling, coastal geomorphology, development of alternatives, public outreach and associated reporting. Anchor QEA will be conducting the contamination impact analysis and will work with Blue Coast on the planning and public outreach task. SCOPE OF WORK OVERVIEW This SOW includes the three tasks outlined in the RFQ and an additional Task 4 for work associated specifically with Project Management (invoicing, etc.): • Task 1: Hydrologic Evaluation and Hydraulic Modeling • Task 2: Contamination Impact Analysis • Task 3: Planning and Public Outreach/Engagement Task 4: Project Management Each of these tasks, including assumptions and deliverables are discussed in more detail below. A summary of costs by task (including breakdown of labor by consultant and expenses) is provided in Attachment 1. Edmonds Marsh Planning Study City of Edmonds Packet Pg. 93 Blue Coast Engineering and Anchor QEA July 8, 2024 SCOPE OF WORK DESCRIPTION Task 1: Hydrologic Evaluation and Hydraulic Modeling Our Team, led by Blue Coast, will review and utilize the existing site hydrology as well as develop a 2D hydrodynamic model (HEC-RAS) for the Project area that will include stream inflows coupled with dynamic tidal conditions. The model will be used inform the feasibility study and alternatives development and analysis. Modeling will include impacts of extreme water level (including estimated storm surge) and increased rainfall intensity (increased peak streamflow) which are predicted to occur in the Puget Sound region due to climate change. The models will be used define existing conditions, to develop and evaluate alternatives, and to predict the potential for flooding of adjacent properties and scour or transport (or other impacts) to contaminated sediments at the Unocal site. More detail about our modeling approach outlined in accordance with the tasks laid out in the RFQ is provided below. Subtask 7.1 Modeling Plan Review Meeting: Our modeling team will meet with City and EMEA staff to review the hydrodynamic modeling plan (tidal hydrodynamic models) and refine the plan, as needed, based on City and EMEA comments. Specific information discussed will include specific tide, freshwater inflow (hydrology) and storm wave conditions considered with the number of simulations included in this SOW. Two Blue Coast staff will attend this meeting. Budget in this task includes creation of a meeting summary to document the final modeling plan (model simulations) developed in coordination with City and EMEA staff. Subtask 7.2 Compile and Review Existing Information: Our modeling and engineering team will compile and review existing information provided by City Public Works staff and EMEA members, as well as other publicly available and relevant information. Site specific information identified during the site visit (scoped in Task 4) will also be included in the review of existing information as part of this task. Documents will be organized on a Project Teams site that will be made accessible to City staff, EMEA members and design team staff. Following initial review of resources by the modeling team, a meeting will be held with City and EMEA staff to review the information and discuss questions the modeling team may have on the provided information. Subtask 7.3 Hydrologic Evaluation: Our modeling and engineering team will review existing information, including modeling, of freshwater inputs to the Edmonds Marsh site. This review will include creek inflow, potential stormwater inflow, other runoff, and direct precipitation onto the marsh area. Based on existing information, our team will develop a set of bounding hydrology scenarios to use in hydrodynamic Edmonds Marsh Planning Study City of Edmonds Packet Pg. 94 Blue Coast Engineering and Anchor QEA July 8, 2024 modeling. These will represent a bounding low and high range of potential flows into the marsh for a range of return period (high) flow events and will reflect the uncertainty in the hydrology predictions. It is always challenging to find and quantify all sources of inflow to a project site within an urbanized area. Thus, the use of bounding flows is good practice when trying to quantity flooding risk since it accounts for uncertainties in the data and predictions of inflow to the site. The low to high range of flow events will be used in the hydrodynamic modeling (Tasks 1.4 and 1.5) to evaluate the potential risk of flooding, refine alternatives to alleviate predicted flooding (add berms, tide gates, etc.) and evaluate risk of sediment erosion (especially of contaminated areas) due to the proposed restoration options. The bounding scenarios for freshwater inflow into the project site will be reviewed with the City and EMEA staff during the Modeling Plan Review meeting (Subtask 1.1). Selection of hydrology used in the modeling will be documented as part of the meeting minutes for the Modeling Plan Review Meeting. Subtask 7.4 Develop Hydrodynamic Model and Evaluate Existing Conditions Our team will develop a refined existing conditions 2-D hydrodynamic model of the Edmonds Marsh site and adjacent areas to evaluate existing hydraulics (including flooding) at the site. Leveraging our previous experience in modelling the Edmonds Marsh site, we will revise, update, and refine the existing hydraulic model using the most recent version of the USACE HEC-RAS model software (version 6.5 or later). There have been significant improvements in the HEC-RAS model since 2018, when the latest hydraulic modeling was completed for the project. Therefore, we will develop the updated 2D model using the latest version of HEC-RAS building on existing model geometry previously developed for the site. We propose to expand the existing conditions model to include adjacent areas where flooding could occur because of the project and to validate/calibrate the model for high flow conditions to ensure we have the flows through the pipe systems and culverts correctly represented in the model. This will help to validate the hydrology developed for the project site. We will use existing site data collected during earlier phases of the project (and other existing site data for this validation/calibration effort). No new site data will be collected as part of this Subtask. The extent of validation/calibration that will be completed will depend on existing information, but at a minimum FEMA flood mapping, and water level data collected in the marsh in 2012, and imagery available from recent flood events will be used to validate/calibrate the model. Once developed, the existing conditions model will be used to complete 3 model simulations to replicate existing hydraulics at the site (focused on flood risk): Edmonds Marsh Planning Study City of Edmonds 3 Packet Pg. 95 Blue Coast Engineering and Anchor QEA July 8, 2024 1. Variable tide and a hydrograph (variable freshwater inflow) representing the December 27, 2022, flood event at the project site. This simulation will be completed for model validation purposes. 2. Variable tide and a hydrograph representing the FEMA 100-year flood event at the project site. 3. Variable tide (including sea level rise) and a hydrograph representing the FEMA 100-year flood event (increased to account for climate change) at the project site. These specific simulations will be verified during the modeling plan review meeting (Subtask 1.1) prior to existing conditions modeling being completed. This task also includes budget for a virtual progress meeting with City and EMEA staff to review the results of the existing conditions modeling prior moving forward with Subtask 1.4. Subtask 7.5. Identify Alternatives and Coastal Geomorphology Evaluation: Our team will develop two alternatives as outlined in the RFQ: (1) restoration that excludes the Unocal site and excavates a channel along the west end of the Unocal site and (2) restoration that includes areas within the Unocal site to the maximum extent possible while excluding the most contaminated areas of the site. Alternatives will consider impacts from sea level rise and increased rainfall intensity (e.g. climate change) and identify the need for berms, tide gates, or other structures to limit flooding of adjacent areas. As part of this task, our team will conduct an empirical coastal processes evaluation to identify wave conditions at and within the new tidal channel at Marine Park to inform design of the outlet channel to Puget Sound. Our team will use the empirical evaluation to conduct a coastal geomorphology evaluation of the proposed outlet channel location to develop sustainable design concepts for the outlet and mouth of the creek for the proposed alternatives. Our Team will develop digital elevation models (DEMs) in AutoCAD of both alternatives for use in the model and for illustration of the proposed alternatives in the modeling report scoped in Subtask 1.7. We expected that development of alternatives will be iterative, incorporating modeling results to refine both options to ensure the final alternatives do not increase flooding to adjacent areas or impact or mobilize contaminated sediments. Therefore, this task includes budget to refine the initial 2 alternatives to improve their performance based on modeling of the initial 2 alternatives (see Subtask 1.6). The budget for this task includes time for our team to develop DEMs for the initial 2 alternatives described above and then 2 additional DEMs representing a refinement to the initial 2 alternatives based on modeling results. Locations of berms or other topographic features and potential changes to existing stormwater infrastructure will also be identified for each refined alternative. Edmonds Marsh Planning Study City of Edmonds 4 Packet Pg. 96 Blue Coast Engineering and Anchor QEA July 8, 2024 This work assumes LIDAR shapefiles representative of existing conditions at the project site and vicinity are available and adequate (without significant QA/QC or modification) for use in the modeling and alternatives identification tasks. Subtask 7.6 Model Alternatives and Evaluate Results The two initial alternatives identified in Subtask 1.5 will be evaluated using the HEC-RAS model developed in Subtask 1.4. Each alternative will be modeled using Simulation #3 (climate change considered) listed in Subtask 1.4 used for the existing conditions modeling. For each simulation, the hydrograph used to define freshwater flows into the model will include a high flow and low flow period. The results of the modeling for the initial 2 alternatives will be evaluated to examine extent of adjacent area flooding (predicted water surface elevations) and current velocities within the channel and floodplain areas that may contribute to erosion in or adjacent to the restored marsh and tidal channels. The results of these model simulations will be used to refine the 2 initial alternatives to reduce potential for flooding, erosion or other negative impacts to adjacent areas. Updated DEMs for the refined alternatives will be completed as part of Subtask 1.5. This task includes budget for a virtual progress meeting with City and EMEA staff to review the results of the initial alternatives modeling and proposed refinements prior moving forward with modeling of the refined alternatives. Additional modeling will be conducted for the refined alternatives using Simulations #2 and #3 listed in Subtask 1.4 used for the existing conditions modeling. These modeling results will be evaluated to determine if anticipated improvements to flooding and erosion potential were improved compared to the initial alternatives. If additional refinement is needed based on review of these additional modeling simulations, those improvements will be documented in the modeling report (Subtask 1.7) for further investigation during later phases of the project. Subtask 7.7 Reporting: Our Team will develop a draft and final modeling report that summarizes work completed in Subtasks 1.1 through 1.6. The report will include a plan view of the original identified restoration alternatives (2) and the refined alternatives (2). Final report will be completed, with review and input from the City, EMEA and other stakeholders incorporated. The report will focus on the evaluation of model results with a brief description of modeling means and methods. Task 1 Deliverables • Meeting Summary for the Model Refinement Meeting, PDF Format (Subtask 1.1) Edmonds Marsh Planning Study City of Edmonds 5 Packet Pg. 97 Blue Coast Engineering and Anchor QEA July 8, 2024 • PowerPoint Presentation summarizing results of the existing conditions modeling for the progress meeting (Subtask 1.5) • PowerPoint Presentation summarizing results of the initial alternatives modeling and proposed refinements for the progress meeting (Subtask 1.6) • Draft Hydraulic Analysis Report, Word Format with PDF Figures (Subtask 1.7) • Final Hydraulic Analysis Report, PDF Format (Subtask 1.7) Task 1 Assumptions • All meetings will be virtual and approximately 1 hour in duration. Two Blue Coast staff will attend each virtual meeting. • Previous 1 D HEC-RAS modeling files are available from the for use in the modeling effort. • Site topography within the project area and adjacent areas to be included in flooding analysis (i.e. modeling) is available as LIDAR shapefiles. • Information for culverts and other hydraulic control structures within the project area is available. • Existing conditions modeling is limited to 3 simulations using dynamic tide and freshwater inflows • Alternatives modeling is limited to 6 total simulations (1 per initial alternative and 2 per refined alternative) using dynamic tide and freshwater inflows • Sea level rise estimates will be taken from the reference Sea Level Rise in Washington State — A 2018 Assessment (Miller et al. 2018) considered to be the most appropriate reference for sea level rise predictions for the Puget Sound Region. representative sea level rise value will be used in the modeling (likely predictions for the year 2075, subject to discussion during the Model Plan Review Meeting). • Specifics of model simulations will be discussed during the Modeling Plan Review Meeting prior to start of modeling work. • No wave modeling is included in this scope of work; an empirical evaluation of coastal processes and coastal geomorphic analysis will be completed to inform design of the channel outlet at Marine Park. This analysis will leverage the previous coastal processes evaluation conducted for the project site by others. • If modeling of refined alternatives continues to show minor flooding impacts or other concerns, these issues will be documented in the Hydraulic Analysis Report to be incorporated into the final proposed alternative at later phases of the project. Only one set of refined alternatives will be modeled as part of this Subtask. • Review comments on the draft report from the City and EMEA will be provided to Blue Coast as a single compiled set of comments. Edmonds Marsh Planning Study City of Edmonds 6 Packet Pg. 98 Blue Coast Engineering and Anchor QEA July 8, 2024 Task 2: Contamination Impacts Analysis Our team, led by Anchor QEA, will conduct an analysis of the potential impacts to the restoration project from remaining contamination present in the former Unocal Property. The assessment will both inform and be based on the alternatives developed as part of Subtask 1.4. Anchor QEA will also collaborate with the Edmonds Marsh Estuary Advocates to assemble information on site and remediation history. Subtask 2.7 Existing Information Review: The preliminary focus of this work will be to compile and summarize available information regarding previous remediation at the former Unocal site, focusing on the lower yard and adjacent areas where proposed restoration is being considered. Anchor QEA will support EMEA to obtain and index all relevant, available information related to remediation efforts for ease of tracking and referencing in development of the current understanding of the environmental site conditions. Reports will be cataloged for relevance with soil, groundwater, remedial actions, and other information to inform expected site conditions and allow future use for determining relevance and tracking individual data. The results of this effort will be documented in the draft and final reports developed as part of Subtask 2.5. Subtask 2.2 Cleanup Regulations & Guidance: Anchor QEA will support assembly of cleanup requirements and considerations following existing information review, which will be led by Ken Lederman of McCullough Hill, PLLC, under separate authorization. Anchor QEA will support Ken, who will summarize existing legal considerations, including cleanup requirement obligations imposed by Ecology and Washington Administrative Code (WAC) considerations, as it applies to potential restoration options and the existing ongoing cleanup efforts in the lower Unocal yard. Specifically, this effort will focus on any WAC requirements, or existing or future covenants related to cleanup that would impact redevelopment of the lower Unocal yard for restoration purposes. As environmental covenants have not been developed for the site yet, Anchor QEA will support the team by providing examples from other similar sites to facilitate an understanding of limitations on future uses. McCullough Hill will also provide support to identify key risks with a potential future land ownership transfer and recommendations for actions to reduce or eliminate the risks. Anchor QEA's input will be incorporated into a stand-alone memorandum developed by McCullough Hill. Subtask 2.3. Identify Areas of Contamination, Disposal & Treatment Options: The team will use existing cleanup and feasibility study documentation summarized and reviewed as part of Subtask 2.1 to determine areas of concern regarding remaining soil and groundwater contamination, including determining depths that groundwater can be expected over a range of seasonal conditions. This will inform the expected contaminated materials (soil and groundwater) Edmonds Marsh Planning Study City of Edmonds Packet Pg. 99 Blue Coast Engineering and Anchor QEA July 8, 2024 that could be encountered. We will develop figures and text in the draft and final Contamination Impacts Analysis reports that document expected extents of contamination. This information will be developed in conjunction with restoration alternative development to inform siting potential channel locations through the lower yard. While the goal of proposed excavation within the former Unocal site as part of site restoration would be to avoid areas where management measures would be required, this may not be fully achievable based on proposed restoration goals for the site. Therefore, if needed, Anchor QEA will develop recommendations for management measures that may be required during construction as part of a Soils Management Plan to be developed in the future to reduce environmental impacts during construction based on the identified areas and expected extents of contamination,. Management actions that may be required, but would need to be confirmed during design and permitting at a future stage of the project, include segregating excavated and contaminated soils and capturing and treating impacted groundwater and contact stormwater during construction. The framework for this type of material management will be developed, including specific best management practice requirements, based on the anticipated activities required to address contamination during construction and what may be required through a future Soils Management Plan. Subtask 2.4. Evaluate Mitigation Options & Impacts Post Restoration: Anchor QEA will recommend remediation measures that can be implemented concurrently with restoration construction to minimize the potential for exposure to contamination during and after completion of daylighting and other restoration activities, along with specific remediation measures and best management practices to reduce exposure in areas of higher concern. The team will review locations in the proposed alternatives that have the potential for elevated ecological or human health risks associated with soil, groundwater, and surface water and analyze related risks. This information will then be used to develop relevant remediation measures that can be incorporated into the restoration design to mitigate release of or exposure to additional contamination that is present on -site. A range of potential strategies may be identified in areas where information about existing conditions is inadequate to determine the best remedial measures. These remediation measures will be evaluated for permanence and effectiveness, and include a magnitude of cost to help future planning efforts for alignment of a daylighted channel, funding, and project development. At a minimum, the remedies that will be developed will be protective of water quality and ecological receptors in the daylighted channel project area, while also being protective of potential human health exposure in any newly exposed areas of excavation in potential floodplain or marsh areas. The team will also review the existing site -specific cleanup values and compare them with existing SMS (sediment management standards) to review the level of protectiveness of human health and ecological receptors within the context of the proposed channel daylighting project. This will help Edmonds Marsh Planning Study City of Edmonds 8 Packet Pg. 100 Blue Coast Engineering and Anchor QEA July 8, 2024 inform the potential exposure scenarios once restoration occurs by providing a point of reference for the site -specific standards relative to accepted and widely used ecological and human health risk values. Subtask 2.5. Reporting: Anchor QEA will present the results of these analyses and evaluations in a Contamination Impacts Analysis report to summarize background information, construction best management practices, the potential for exposure after restoration, cleanup values, and recommendations for remediation measures. Preliminary draft, draft, and final reports will be completed, with review and input from the City of Edmonds and other stakeholders incorporated in each iteration. Task 2 Deliverables • Liability Risk Memorandum prepared by McCullough Hill, with Anchor QEA support • Input to Alternatives Development • Preliminary Draft, Draft, and Final Contamination Impacts Analysis Report Task 2 Assumptions • EMEA will lead development of cataloging existing available information regarding site conditions and provide that information to Anchor QEA for use. • The results of each of the Subtasks will be included in the Contamination Impacts Analysis Report, except the input regarding potential liability considerations related to property transfer will be provided in a separate deliverable from McCullough Hill. • Impacts and an extrapolation of the potential for contamination to breakthrough recommended remediation elements as part of construction will be developed at a conceptual level based on best professional judgment and Anchor QEA experience with implementation of remediation elements. Specific modeling of various remediation alternatives, including effectiveness of isolation caps or other project specific breakthrough times of remaining contamination, won't be conducted at this stage of the project. • Review comments on the draft report from the City and EMEA will be provided to Blue Coast as a single compiled set of comments. Task 3: Planning and Public Outreach/Engagement Our Team, led by Blue Coast, will complete preliminary planning and public outreach/engagement activities to inform restoration at the project site. We understand that EMEA staff will be assisting with some of this work, as outlined in the RFQ for the project. Work included in this Task, with associated EMEA assistance, is summarized below: • Subtask 3.1 — Data Compilation, Review and Development (EMEA staff will complete 90% of this work) Edmonds Marsh Planning Study City of Edmonds 9 Packet Pg. 101 Blue Coast Engineering and Anchor QEA July 8, 2024 • Subtask 3.2 — Outline Permit Requirements and Associated Data Gaps (EMEA staff will complete 30% of this work) • Subtask 3.3 — Develop Community Engagement Plan • Subtask 3.4 — Conduct 2 Public Workshops (EMEA staff will complete 50% of task) • Subtask 3.5 — Planning Summary Report Subtask 3.7 — Data Compilation, Review, and Development Our Team's role on this task is limited to review of existing information compiled by EMEA staff, develop and host a Team's site to organize all materials relevant to this SOW in one location, and provide suggestions for additional data sources not currently included in EMEA's files. Specific information that will be reviewed and potentially amended by our Team include the following: Existing Marsh Restoration Data: Review existing hyperlinked document of sources. Add additional sources to that document, as needed. Reference Site Information: Review list of reference sites and provide additional information on other reference sites, including short summaries, as needed. • List of Potential Funding Sources: Review list of sources available from EMEA and provide additional information on other potential funding sources, as needed. Additional data sources, reference site information, or funding source options identified by our Team as part of this project will be provided to the City and EMEA directly for inclusion in project files maintained by those entities and will also be added to the Teams site developed for the project. Subtask 3.2 Outline Permit Requirements and Associated Data Gaps Anchor QEA will lead this task; they have developed a standard Puget Sound permit matrix with agencies, requirements, and timelines that they will tailored to the Edmonds Marsh Restoration project. Permitting estuary restoration can often be completed through one or more streamlined permitting pathways that have been developed recently and make the project exempt from many local (city) permits and takes advantage of programmatic federal permits to expedite the time for federal and state permit review. We will work collaboratively with EMEA on this task to determine and document if this project may be eligible for one of these programs. Anchor QEA will provide the permit matrix with a high-level recommended permitting strategy for the project based on the identified alternatives from Subtask. 1.4. In addition to the permit matrix, our Team will develop a corresponding list of data and studies required to obtain permits for the project based on the permitting strategy suggested. A data gaps table will be incorporated into the permitting matrix as a deliverable for this Subtask and will be included in the Planning Summary Report scoped as part of Subtask 3.5. Edmonds Marsh Planning Study City of Edmonds 10 Packet Pg. 102 Blue Coast Engineering and Anchor QEA July 8, 2024 The permitting matrix will also illustrate where other non -planning steps for the project align within the permitting timeframe, including potential funding sources, community engagement, preliminary design, land acquisition, final design and construction. Subtask 3.3 Community Engagement Plan Community engagement needs to be tailored to the community impacted by the proposed project. Led by Blue Coast, our Team will identify an effective communication strategy and engagement opportunities for the City and EMEA to move the project forward from the current planning phase outlined in this SOW through final design. This strategy will build upon the framework outlined in Section 2 of "Climate Element Planning Guidance", Washington State Department of Commerce, December 2023 - Intermediate Version, to the extent practical. No specific timeline will be developed as part of this plan, instead timing for proposed outreach activities will be relative to planning and design milestones. This plan will not be a standalone document, but will be included in the Planning Summary Report scoped in Subtask 3.5. Subtask 3.4 Public Workshops This task includes budget for our Team to develop materials and attend/present at two public workshops throughout the duration of this project. The first workshop will focus on project background and will be led primarily by the City and EMEA staff. The second workshop will provide a summary of the findings of the study being conducted under this scope of work and will be led primarily by Blue Coast and Anchor QEA staff. For both workshops, EMEA will organize, plan and advertise the workshop, will take meeting minutes, and will provide project background, introductions, and next steps discussions during the workshops. Our Team will provide PowerPoint presentation slides for use in each workshop and 2 Team member staff will attend each workshop in person. If the workshops are virtual, 1 additional Team member could be added to the workshop. Subtask 3.5 Reporting: This task includes budget to develop a Planning summary report that will include the following information from Task 3: • Summary of proposed permitting strategy, including permitting matrix and data gaps table (Subtask 3.2) • Community Engagement Plan (Subtask 3.3) • PDF document with hyperlinks to available information sources as an appendix (Subtask 3.1) • Minutes from both public workshops, developed by others, as an appendix (Subtask 3.4) Edmonds Marsh Planning Study City of Edmonds 11 Packet Pg. 103 Blue Coast Engineering and Anchor QEA July 8, 2024 Task 3 Deliverables • PowerPoint slides for use in each of the Public Workshops • Draft Planning Summary Report, Word, figures in PDF • Final Planning Summary Report, PDF Task 3 Assumptions • Scope of work and budget for Subtasks 3.1, 3.2 and 3.4 are based on current understanding of EMEA participation in the work, as described in this SOW as noted at the beginning of this task. • Review, compilation, and synthesis of Unocal cleanup documents is scoped as part of Task 2.1. • Development of permitting applications, documents, or meetings with regulatory agencies is not included in this SOW. • Permit matrix, showing data collection and other non -planning next steps in the project, will be based on typical time frames for similar work and is subject to change as the project moves forward. • Potential changes to current stormwater permits for re -direction of stormwater discharge from Point Edwards Condominums into Edmonds Marsh will be reviewed at a high level depending on availability of information and budget available in this task. • EMEA will organize, advertise, and document Public Workshops (Subtask 3.4), our Team's effort is limited to development of meeting materials relevant to our SOW and attendance at the workshops to present those materials and answer relevant questions. • Review comments on the draft report from the City and EMEA will be provided to Blue Coast as a single compiled set of comments. Task 4 — Site Visit and Project Management This task includes budget for a site visit and general project management activities, including internal coordination and invoicing through June 2025. Task 4 Deliverables • Monthly invoices, including cover letter summarizing work completed in that month Task 4 Assumptions • Site visit will include 4 Project Team staff and will be 4 hours in duration. • No meeting summary will be provided for the site visit. Observations will be documented in the appropriate report (one of 3) scoped in Tasks 1, 2 and 3 of this SOW. Edmonds Marsh Planning Study City of Edmonds 12 Packet Pg. 104 2.5.a Attachment 1: Fee Proposal (FINAL) Blue Coast Labor Subconsultant (Sub) Labor Blue Coast Expenses Principal Sr.Engineer Engineer 2 Engineer 1 Sr. Scientist Sr. Geospatial Analyst Sr. Ecologist Jr Scientist Intern Labor Subtotal Anchor QEA Ken Lederman Technical Editor Markup (55,o) Sub Cost Subtotal Equipment Costs Travel Other Direct Costs Subtotal Total Price Task Task 1 - Modeling 36 160 148 44 80 0 64 40 $76,636 $1,968 $0 $300 $113 $2,381 $1,000.00 $300.00 $1,300 $ 80,317 1.1 Refine Modeling Plan 2 2 $722 $o $0 $0 $ 722 1,2 Compile/Review Existing Info 4 16 24 8 40 $8,468 $0 $0 $0 $ 8,468 1,3 Develop Model, Existing Conditions Model 8 90 40 40 $27,388 $0 $0 $0 $ 27,388 1.4 Identify Alternatives 8 8 16 $5,240 $0 $0 $0 $ 5,240 1.5 Hydrologic Analysis 2 4 32 $6,278 $1,968 $98 $2,066 $0 $ 8,344 1.6 Model Alternatives 4 24 60 8 8 40 1 $17,664 $0 $0 $0 $ 17,664 1.7 Reporting 8 16 24 4 8 24 $10,876 $300 $15 $315 1 $0 $ 11,191 Task 2 - Contamination Evaluation 0 0 0 0 0 0 0 0 0 $0 $48,083 $2,500 $2,529 $53,112 $0 $ 53,112 Task 3 - Public Outreach and Planning 32 2 0 40 0 24 $13,572 $12,800 $640 $13,440 $0.00 $300.00 $0.00 $300 $ 27,312 $ - Task 4 - PM and Meetings 10 32 0 8 $8,654 $5,144 $257 $5,401 $200.00 $200 $ 14,255 Subtotals $14,898 $32,9801 $17,316 $0 $14,996 $11,760 $0 $5,3121 $1,6001 $98,8621 $67,995 $2,500 $3001 $3,5401 $74,3351 $1,000 $800 $0 $1,8001 $174,997 Project: Edmonds Marsh Planning Study Developed by: K.Ketteridge, K. List, J. Cote, D. Ormerod Developed for: City of Edmonds Date: July 10, 2024 lus 1 �� BLUE COAST ENGINEERING Packet Pg. 105 2.6 City Council Agenda Item Meeting Date: 07/16/2024 Carbon Recovery Project - Amendment #3 Parametrix PSA Staff Lead: Ross Hahn Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The City of Edmonds and Parametrix,lnc. entered into an underlying Professional Services Agreement (PSA) contract in support of the Carbon Recovery Project, dated October 28, 2020. The original agreement was amended by Amendment No. 1, dated September 7, 2022 and by Amendment No. 2, dated June 15, 2023. Staff Recommendation Staff recommends that the contract time extension and not to exceed (NTE) limit increase be accepted and forwarded to the Consent Agenda. Narrative The item is 2020-2025 Parametrix Carbon Recovery Project PSA - Amendment 3. Due to the length of the Carbon Recovery Project, we need to extend the expiration date of this contract from 6/30/24 to 6/30/25 and add $25,000 to the fund to ensure that we have the proper support in designing and installing the control systems and associated programs necessary for the gasification/dryer system to function. The original NTE amount was for support until 8/31/22, there have been two separate 1-year time extension amendments to this point due to length of project, neither one requiring any additional funding. Current remaining balance for this PSA is approximately $30k. Parametrix anticipates that it will require approximately $50k-$55k of total funding for them to complete the remaining portion of programming and instrumentation and controls work necessary to complete the project. Attachments: Parametrix Amendment 3 Packet to CC Packet Pg. 106 2.6.a Z O a V w c N o. 2024-07-11-Parametrix: (Contract Number CONTRACT ROUTING FORM r Originator: Ross Hahn Routed by: Batyah Chliek E Department/Division: VWVTP Date: 07/11/2024 EW- Name of Consultant/Contractor: Parametrix E Q CONTRACT TITLE: Parametrix Automated Controls System PSA - Amendment 3 a 0- IL Type of Contract: (GR) Grants I-- J ✓ I (S) Purchase of Services Z Lu ll'- Bid/RFP Number: Z q m 0 (1) Intergovernmental Agreement ❑ (L) Lease Agreement (W) Public Works n (0) Other p L �a C� 0 Effective Date: 09/30/2020 ciHas the original City contract boilerplate language been modified? I.- If yes, specify which sections have been modified: 0 Description v of Services: For the Construction Services portion of this PSA, which is for the Carbon Recovery Project part of this PSA. Total Amount of Contract: Budget # 423.100.7 .594.35 41.00 N J Budget # w c Q Budget # V Q Z Are there sufficient funds in the current budget to cover this contract. Completion Date: 06/30/2025 OYes O No Amount: Amount: Amount: O Yes O No $4313,130.00 i i i i --FT7-FT Z Remarks: LLE Original Contract Amt:. NTE $408,130--of that, $255,280 was for Construction Services for Carbon Recovery Project. Amendment 3 is for additional $25,000 & new 6/30/25 End Date for Construction Services as Carbon Recovery Project is extended. New Contract NTE amt is $433,130; Construction Services portion is $280,280. Authorization Level: I Mayor LI I ❑ 1. PW & Utilities Director Q 2. WWTP Manager Z 3. City Attorney 25 ❑ 4. Contractor y ❑ 5. Other 6. City Council Approval Date (if applicable) Q 7. Mayor Z 8. City Clerk Packet Pg. 107 2.6.a 4`''' City of Edmonds MIKE ROSEN v J MAYOR 200 2ND AVE S • EDMONDS, WA 98020 •425-771-0237 y, PUBLIC WORKS AND UTILITIES DEPARTMENT- WASTEWATER TREATMENT PLANT �• 1M0 AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington (hereinafter the "City") and Parametrix, Inc. (hereinafter the "Consultant"), entered into an underlying Professional Services Agreement to support the automated control systems at the WWTP, dated October 28, 2020 ("Underlying Agreement"), which was amended by Amendment No. 1, dated September 7, 2022 ("Amendment No. 1") and by Amendment No. 2, dated June 15, 2023 ("Amendment No. 2"); and WHEREAS, Section 12 of the Underlying Agreement authorizes amendments only by written instrument properly signed by both parties; and WHEREAS, the parties desire to further amend the Underlying Agreement to adjust the period of performance and to increase the fees for continued services due to events outside the parties' control; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: The provisions of the Underlying Agreement of October 28, 2020 between the City and the Consultant, as amended by Amendment No. 1 and Amendment No. 2, all of which are attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is further amended in, but only in, the following respects: A. Payments. Section 2.A. of the Underlying Agreement is hereby revised to read as follows: A. Payment for work accomplished under the terms of this Agreement shall be in the amount established for each task order for work described in Exhibit A. The total amount of the Design Phase will not exceed the sum of seventy-seven thousand, eight hundred fifty dollars ($77,850.00); the total amount of the Construction Phase will not exceed the sum of two hundred eighty thousand, two hundred eighty dollars ($280,280.00); and the total amount of the On -call Phase will not exceed the sum of seventy-five thousand dollars ($75,000.00). The total amount of this Agreement will not exceed four hundred thirty-three thousand, one hundred thirty dollars ($433,130.00). B. Period of Performance. Section 6 of the Underlying Agreement is hereby further amended to read as follows: Packet Pg. 108 Amendment No. 3 to Professional Services Agreement, Page 2 2.6.a 6. Period of performance. The period of performance for Phase A shall be from 09/30/2020 to 08/31/2022. The period of performance for Phase B shall be from 02/l/2021 to 06/30/2025. The Consultant shall perform the work authorized by this Agreement promptly, in accordance with the receipt of the required governmental approvals. C. Exhibit A. The dates set forth in Exhibit A to the Underlying Agreement regarding the anticipated timeline of performance of work are hereby adjusted to conform with the dates set forth above. 2. In all other respects, the Underlying Agreement, as amended by Amendment No. 1 and Amendment No. 2, shall remain in full force and effect, further amended as set forth herein, but only as set forth herein. DATED this day of 2024. CITY OF EDMONDS PARAMETRIX, INC. Mike Rosen, Mayor John C. Hungerford, Division Manager ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 109 Amendment No. 3 to Professional Services Agreement, Page 3 2.6.a STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) 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 John C. Hungerford, to me known to be the Division Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written NOTARY PUBLIC My commission expires: Packet Pg. 110 City of Edmonds 2.6.a Parametrix Modified Puget Sound Billing Rates - through June 30, 2025 Classification Grade Rate for Classification Billing 2024/25 CADD Operator 1 8 $120 CADD Operator 11 9 $130 CADD Operator 111 11 $145 CADD Supervisor/Technical Lead 12 $155 CADD Services Manager 14 $180 Jr. Designer 8 $120 Designer 1 10 $140 Designer 11 11 $150 Designer 111 12 $160 Designer 111 13 $170 Designer IV 14 $180 Sr. Designer 15 $200 Sr. Designer 16 $220 Sr. Designer 17 $235 Jr. Engineer 8 $120 Engineer 1 10 $145 Engineer 11 11 $150 Engineer 111 12 $160 Engineer III 13 $175 Engineer IV 14 $195 Sr. Engineer 15 $225 Sr. Engineer 16 $240 Sr. Engineer 17 $260 Sr. Consultant 18 $300 Sr. Consultant 19 $310 Electrical Designer 1 11 $155 Electrical Designer 11 12 $170 Electrical Designer 111 13 $185 Electrical Designer IV 14 $190 Sr. Electrical Designer 15-16 $235 Sr. Electrical Designer 17 $255 Electrical Engineer 1 11 $155 Electrical Engineer 11 12 $165 Electrical Engineer 111 13 $180 Electrical Engineer IV 14-15 $220 Sr. Electrical Engineer 16-17 $240 Sr. Electrical Engineer 18 $285 Jr. Surveyor 8 $115 Surveyor 9 $125 Surveyor 11 10 $130 Surveyor 111 11 $150 Sr. Surveyor 12 $160 Sr. Surveyor 13 $185 Survey Supervisor 14-15 $205 Survey Supervisor 16-17 $225 Survey Prevailing Wage* Jr. Inspector 8 $120 Construction Inspector 10-11 $145 Sr. Construction Inspector 12-13 $160 Resident Engineer 13 $175 Resident Engineer 14 $185 Construction Manager 1 12-14 $185 Construction Manager 11 15-17 $200 Sr. Construction Manager 15 $220 Sr. Construction Manager 16-17 $250 Owner's Representative 18-19 $275 Division Manager 16-17 $250 Division Manager, Regional DM 18-19 $285 Operations Manager 16-17 $250 Operations Manager 18-19 $285 Project Delivery Manager 18-20 $295 Principal Consultant 19 $300 Principal Consultant 20 $320 Vice President/Sr. Vice President 18-20 $320 Grade Rate for Billing 2024125 Jr. Planner 8 $120 Planner 1 10 $135 Planner II 11 $145 Planner III 12 $155 Planner III 13 $165 Planner IV 14 $180 Sr. Planner 15 $205 Sr. Planner 16 $225 Sr. Planner 17 $240 Jr. Scientist/Biologist 8 $120 Scientist/Biologist 1 10 $135 Scientist/Biologist II 11 $145 Scientist/Biologist III 12 $155 Scientist/Biologist III 13 $165 Scientist/Biologist IV 14 $180 Sr. Scientist/Biologist 15 $200 Sr. Scientist/Biologist 16 $225 Sr. Scientist/Biologist 17 $240 Environmental Technician I 7-8 $120 Environmental Technician II 9 $130 Environmental Technician III 10 $135 Jr. Hydrogeologist 8 $120 Hydrogeologist I 10 $130 Hydrogeologist II 11 $145 Hydrogeologist III 12-13 $160 Hydrogeologist IV 14 $185 Sr. Hydrogeologist 15 $200 Sr. Hydrogeologist 16 $220 Sr. Hydrogeologist 17 $240 GIs Technician 9 $130 GIs Analyst 10 $135 Sr. GIs Analyst 11 $145 Graphic Designer 10-11 $145 Sr. Graphic Designer 12-13 $160 Publications Specialist I 8 $110 Publications Specialist II 9-10 $130 Sr. Publications Specialist 10-11 $145 Publications Supervisor 12-13 $165 Technical Editor 10-11 $145 Sr. Technical Editor 12-13 $155 Technical Aide 7 $110 Sr. Technical Aide 8 $120 Project Coordinator 9 $130 Sr. Project Coordinator 10 $140 Project Controls Specialist 11 $150 Sr. Project Controls Specialist 12-13 $175 Project Accountant 9 $130 Sr. Project Accountant 10-11 $150 Accounting Specialist 9 $130 Sr. Accounting Specialist 10-11 $140 Admin Assistant 7 $110 Sr. Admin Assistant 8 $120 Office Administrator 10-11 $145 Sr. Office Administrator 12-13 $155 Office Administrative Manager 14-15 $185 Business Manager, Rgnl Off Mgr 15-16 $205 Sr. Contract Administrator 12-13 $165 Director of Risk Management 20 $300 UAV Pilot 12-13 $195 Expert Witness $400 * Prevailing Wage Rates apply to construction surveying on all Washington Public Works Projects. Packet Pg. 111 2.6.a ORIGINAL PARAMETRIX PSA ► 9 AMENDMENTS &2 Packet Pg. 112 2.6.a PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and Parametrix, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of an experienced Controls consultant to support the automated control systems at the WWTP; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above -mentioned objectives, in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be in the amount established for each task order for work described in Exhibit A. The total amount of the Design Phase will not exceed the sum of seventy-seven thousand, eight hundred fifty dollars ($77,850.00); the total amount of the Construction Phase will not exceed the sum of two hundred fifty-five thousand, two hundred eighty dollars ($255,280.00); and the total amount of the On -call Phase will not exceed the sum of seventy-five thousand dollars ($75,000). The total amount of this Agreement will not exceed four hundred eight thousand, one hundred thirty dollars ($408,130.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. Vouchers shall identify the billings for each Task Order separately. The City shall pay the appropriate amount for each voucher to the Consultant within thirty (30) days of receipt. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Authorization to proceed: Any services performed by the Consultant that will result in costs billed to the City, shall be performed only after receipt of a written Task Order signed by the Public Works Director, or in his/her absence, the Wastewater Treatment Plant Manager. The City is not obligated or required to authorize any payment or any services performed by the Consultant without a written Task Order. 4. Task Orders: A Task Order will be issued for each separate task that the City requests the Consultant to perform. Prior to issuance of a Task Order, City staff and the Consultant shall agree upon the scope of work for the task and the cost of the task —either lump sum or time -and -expenses, with a not -to - exceed amount. A. For all Task Orders exceeding $7,000, the Consultant shall submit a written scope and fee estimate prior to issuance of a Task Order. Task Orders shall be issued on the Task Order Form included as Attachment 1 to the Scope of Work, Exhibit A. B. Compensation for each Task Order shall be on either a lump sum or time -and -expenses (not -to -exceed) basis. Compensation by the City of Consultant's outside expenses and sub -consultant costs will be at the actual direct cost of the Consultant plus seven percent (7%). City of Edmonds/Parametrix Professional Services Agreement Page 1 of 14 Packet Pg. 113 2.6.a 5. Ownership and use of documents. All research, tests, surveys, preliminary data 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, 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. 6. Period of performance. The period of performance for Phase A shall be from September 30, 202 to January 31, 2021. The period of performance for Phase B shall be from February 1, 2021 to May 31, 2022. The Consultant shall perform the work authorized by this Agreement promptly, in accordance with the receipt of the required governmental approvals. 7. 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. 8. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner, pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). r c m E c m Q r m 0 L a m 0 c 0 �a c.> City of Edmonds/Parametrix Professional Services Agreement Page 2 of 14 Packet Pg. 114 2.6.a 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 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. 9. 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. 10. 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. 11. 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 quasi-judicial review of the City without written notification to the City and the City's prior written consent. 12. 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. 13. Integration. The Agreement between the parties shall consist of this document, its Appendices and 2, the Scope of Work attached hereto as Exhibit A and its Attachment 1. 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, Attachment 1, or Appendices 1 and 2, this Agreement shall control. City of Edmonds/Parametrix Professional Services Agreement Page 3 of 14 Packet Pg. 115 2.6.a 14. 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 additional authorized 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. 15. Standard of care. The Consultant represents that s/he has the necessary knowledge, skill and experience to perform the 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. 16. 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. 17. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 18. Covenant against contingent fees. The Consultant warrants that s/he has 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 s/he has 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. 19. 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, licensing of individuals and any other standards or criteria, as described in the Agreement, to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B&0) taxes which may be due on account of this Agreement. 20. Notices. Notices to the City of Edmonds shall be sent to the following address: Pamela Randolph City of Edmonds WWTP 200 Second Ave S Edmonds WA 98020 Notices to the Consultant shall be sent to the following address: JC Hungerford Parametrix, Inc. 1019 39' Avenue SE, Suite 100 Puyallup WA 98374 City of Edmonds/Parametrix Professional Services Agreement Page 4 of 14 Packet Pg. 116 2.6.a Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U.S. mail, with proper postage and properly addressed. DATED THIS 28th DAY OF October , 2020. CITY OF EDMONDS PARAMETRIX, INC. By . Mi ael Nelson, Mayor Its h/ 47r,- - SoG u7 (aii tS 1oj J IS oN /�An^a C-c ATTEST/AUTHENTICATED: Nicholas Falk for Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) ss COUNTY OF �It On this _ �' r-A day of ZC , 20 Q before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared m hn C , u•r, Q.r- , tome known to be the Di V I S wy n 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. •��� A ST i 11, n. My commission expires: 6 �l ��0� O N ; nva U`v a Z ,,1b t O AO = � S I�ili10F WASN;�.��� City of Edmonds/Parametrix Page 5 of 14 Professional Services Agreement Packet Pg. 117 2.6.a EXHIBIT A SCOPE OF WORK ENGINEERING SERVICES 1. Scope. Design Phase: Performing the Control (I&C) design and supervisory control and data acquisition system (SCADA) integration planning for the Carbon Recovery Project Plan B, specifically confined to the PLC- 101 and PLC-601 electrical enclosures, as outlined in Exhibit Al. Time Frame: September 30, 2020 to January 31, 2021. Budget not -to -exceed $77,850.00 Construction Phase: The Consultant shall provide modifications to the PLC-101 and PLC-601 programs, Wonderware program and historian, as well as construction support for the Carbon Recovery Project Plan B at the City of Edmonds Wastewater Treatment Plant (WWTP), as outlined in Exhibit A2. Time Frame: February 1, 2021 to May 31, 2022. Budget not -to -exceed $255,280.00. On -call Phase: The Consultant shall provide engineering services to the City of Edmonds on an on -call basis, as outlined in Exhibit A3. Time Frame: September 30, 2020 to December 31, 2022. Budget not -to -exceed $75,000.00 City of Edmonds/Parametrix Professional Services Agreement Page 6 of 14 Packet Pg. 118 Parametrix Exhibit AI ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCE'_ 2.6.a SCOPE OF WORK City of Edmonds Carbon Recovery Project — Design Phase Per our understanding of the Carbon Recovery Project at the City of Edmonds Wastewater Treatment Plant (WWTP), Parametrix offers the following scope for the design phase of this project. This scope includes performing the Control (I&C) design and supervisory control and data acquisition system (SCADA) integration planning for the Carbon Recovery Project Plan B. Design Phase — 2020 Assumptions Our current understanding of the project is as follows: • The project will be under contract no later than September 30, 2020. • The design phase of the project will last approximately 4 months and be completed no later than January 31, 2021. • This scope of work is confined to the PLC-101 and PLC-601 electrical enclosures. • Programming changes to the existing controls or SCADA system are not included in this scope of work. • Parametrix is responsible for PLC and SCADA design integration into City -owned PLC equipment only. • Programming of the equipment supplied with the PLCs, such as Ecoremedy equipment, Schwing system, and Odor Control, is by others. • Process and Instrumentation diagrams (P&ID) are not included in this scope of work. • Parametrix will identify, with input from the process engineering team, areas of the WWTP Control Strategies that will require updating. Actual updates to the WWTP Controls Strategies will occur during the construction phase and are not included in this scope of work. • Responsibility for the following areas of design is by others: ❑ Power. ❑ MCC. ❑ Manual/local field control. Conduit and cable. City of Edmonds/Parametrix Professional Services Agreement Page 8 of 14 Packet Pg. 119 2.6.a This scope of work does not include the cost to prepare bid ready I/C design sheets. Instead, Parametrix will update the previous technical memorandum submitted as part of the previous Carbon Recovery Project referred to as plan "A", this project as described below. Approach Our approach to this scope of work includes: • Subtask 01: • Subtask 02: • Subtask 03: months. • Subtask 04: • Subtask 05: • Subtask 06: updating Deliverables Project Management Existing Drawing & Memo Updates Conference Calls & Meetings — monthly on -site meetings, bi-monthly calls, for 6 SCADA Integration Planning for new and removed equipment PLC Integration Planning for new and removed equipment Control Strategy Planning to identify areas of the WWTP control strategies for The design phase deliverables shall include the following: • Technical memorandum supporting changes to the existing PLC- 1Oland PLC-601. • The 60% design by November 30, 2020, will include in tabular PDF format VO flagged for deletion for equipment being removed or replaced, and 1/0 assignment for new equipment if needed. Process design team to provide VO type and quantity no later than November 1, 2020. • The 100% design to be completed by January 29, 2021, after receipt of the 60% comments. Final design documents will include a final technical memorandum in PDF format, PLC601 VO wiring diagrams, and an updated WWTP control network diagram. Construction Phase The Construction Phase tasks are NOT included in this scope of work. Items associated with the construction phase of this project may include but are not limited to: • Providing general project support during the construction phase of the project including submittal reviews. • PLC and SCADA programming off -site prior to startup and testing. • On -site PLC and SCADA programming including startup and testing. • Final 1/0 drawing updates from field redline markups from electrical contractor. • Final WWTP Control strategies. We propose to perform the Design Phase tasks on a time -and -materials basis with a not -to -exceed budget of $77,850. City of Edmonds/Parametrix Professional Services Agreement Page 9 of 14 Packet Pg. 120 2.6.a ha ra metrix Exhibit A2 ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES SCOPE OF WORK City of Edmonds Carbon Recovery Project —Construction Phase Parametrix has completed our review of the Plan B Preliminary Design submittal provided by the city on April 20, 2020 and equipment list. The services include modifications to the PLC-601 program, Wonderware program and historian, as well as construction support for the Carbon Recovery Project Plan B at the City of Edmonds Wastewater Treatment Plant (WWTP). Changes from the previous cost estimate are based on the reduction of hardwired I/O, the amount of equipment screens running on Wonderware, and the adjustment of labor rates through 2022. Construction Phase Assumptions Our current understanding of the project is as follows: • Construction and programming phase will begin February 1, 2021. • Programming integration phase of the project will last 6 months and be completed no later than December 31, 2021. • Callbacks for final testing and commissioning will be completed between January 1, 2022 and May 31, 2022. • The scope of this estimate is primarily confined to the software and integration of PLC-101 and PLC- 601. Minor modifications to software in the 300 and 500 building are required, however there will be no hardware modifications will be required in those areas. • All I/O marked "Delete" on the 100% PLC- 101 and PLC-601 1/0 list from Project A will require reprogramming or deletion from the existing control system. • Hardware modifications to PLC-1 and PLC-601, wiring and terminating within the enclosure, is by others. • Programming of the equipment supplied with PLCs, including the Ecoremedy system, Schwing pump, Screening equipment and odor control unit (OCU), is by others. • Assuming the following number of screens and pop -ups for each equipment supplied with a local Human Machine Interface (HMI): Ecoremedy equipment: 7 overview display screens with approximately 38 popup display. Assuming screens are not Wonderware. ❑ Schwing pumps: 24. Assuming screens are not Wonderware. ❑ OCU package: 10. Assuming screens are Wonderware InTouch. ❑ Screening conveyance: 24. Assuming screens are not Wonderware. City of Edmonds/Parametrix Page 10 of 14 Professional Services Agreement Packet Pg. 121 2.6.a • Assuming vendor local HMI screens provided in Wonderware InTouch or Wonderware System Platform per WWTP Standard and are importable to Edmonds SCADA system. HMI hardware not programmed in Wonderware InTouch will need to be reproduced for Edmonds SCADA system. • Wonderware InTouch Edge will not be provided in lieu of Wonderware InTouch for vendor local HMI. Scope of Work assumes that vendor HMI graphics will be importable to Edmonds SCADA system, which is not possible with the current version of InTouch Edge at the time of this memo delivery. • Assuming the vendor HMI and PLC software will be provided to Parametrix, before construction begins, no later than February 1, 2021. • All new equipment will communicate via plant communications network through EtherNet/IP • Assuming electrical design including conduit, cable schedules, and MCC modifications is by others • Parametrix will be responsible for updates to the WWTP Controls Strategies based on vendor - supplied operations and maintenance manuals. Approach Our approach to this scope of work during the Construction Phase includes: • Subtask 01: Project Management & QA/QC • Subtask 02: General Support & Submittal Review — monthly on -site meetings, bi-monthly calls • Subtask 03: Temporary Operation for screenings • Subtask 04: SCADA Programming ❑ Program discrete and analog in PLC-101 and PLC-601 for new equipment that is not covered by a vendor PLC. ❑ Import Wonderware screens and pop -ups from OCU HMI into Edmonds SCADA. ❑ Produce HMI screens and pop-up for Edmonds SCADA for the Schwing pumps, Ecoremedy equipment, and screenings conveyance. • Subtask 05: Programming — Demo PLC & SCADA ❑ All I/O marked "DEMO" in the 100% PLC- 10land PLC-601 I/O lists will have respective PLC program, SCADA system (Wonderware) objects, and historian tags deleted. • Subtask 06: Startup and Testing all new SCADA screens and pop -ups on Edmonds SCADA system • Subtask 07: Drawing Updates for PLC-101 and PLC-601 instrumentation As-Builts • Subtask 08: Call Backs for final testing and commissioning • Subtask 09: Report Updates • Subtask 10: Control Strategy Updates Based on the Plan B Preliminary design, equipment submittals and the assumptions noted above, we propose to perform the Construction Phase tasks on a time -and -material basis with a not -to -exceed budget of $255,280.00. City of Edmonds/Parametrix Professional Services Agreement Page 11 of 14 Packet Pg. 122 2.6.a Parametrix Exhibit A3 ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES W-_ A SCOPE OF WORK City of Edmonds On -call Support On -call Phase The Parametrix shall provide engineering services to the City of Edmonds on an on -call basis. Services may include a wide range of electrical, SCADA programming, SCADA graphics, emergency response, Hachwims support, control system design or other related engineering services to support the City in City projects or other City requirements. The work will be done through Task Orders as outlined in Section 4 of the agreement, on a time -and -material basis with a not -to -exceed budget of $75,000.00. City of Edmonds/Parametrix Professional Services Agreement Page 12 of 14 Packet Pg. 123 APPENDIX 1 (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. 2. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income - level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's/Vendor'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. 5. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's/Vendor'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. City of Edmonds/Parametrix Professional Services Agreement Page 13 of 14 Packet Pg. 124 2.6.a APPENDIX 2 (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 referred to as the "Consultant/Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964), The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Edmonds/Parametrix Professional Services Agreement Page 14 of 14 Packet Pg. 125 DocuSign Envelope ID: DEA54F4F-CDOC-4CB9-AOB5-4F63DC6E24C3 2.6.a City of Edmonds MIKE NELSON MAYOR 200 2ND AVE S • EDMONDS, WA 98020 •425-771-0237 PUBLIC WORKS AND UTILITIES DEPARTMENT— WASTEWATER TREATMENT PLANT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington (hereinafter the "City") and Paramek-ix, Inc., (hereinafter the "Consultant"), entered into an underlying Professional Services Agreement to support the automated control systems at the W WTP, dated October 28, 2020 ("Underlying Agreement"); and WHEREAS, Section 12 of the Underlying Agreement authorizes amendments only by written instrument properly signed by both parties; and WHEREAS, the parties desire to amend the Underlying Agreement to adjust the period of performance due to events outside the parties' control; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: The provisions of the Underlying Agreement of October 28, 2020 between the City and the Consultant, attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is amended in, but only in, the following respects: A. Period of Performance. Section 6 of the Underlying Agreement is hereby amended to read as follows: 6. Period of performance. The period of performance for Phase A shall be from 09/30/2020 to 08/31/2022. The period of performance for Phase B shall be from 02/1/2021 to 06/30/2023. The Consultant shall perform the work authorized by this Agreement -promptly, in accordance with the receipt of the required governmental approvals. B. Exhibit A. The dates set forth in Exhibit A to the Underlying Agreement regarding the anticipated timeline of performance of work are hereby adjusted to conform with the dates set forth above. 2. In all other respects, the Underlying Agreement shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DATED this 7th day of September 2022. Packet Pg. 126 DocuSign Envelope ID: DEA54F4F-CDOC-4CB9-AOB5-4F63DC6E24C3 2.6.a Amendment No. 1 to Professional Services Agreement, Page CITY OF EDMONDS PARAMETRIX, INC. DocuSigned by: 17A625FA7657432— - Michael Nelson, Mayor ohn C. Hungerfo , Division Manager ATTEST/AUTHENTICATED: DocuSigned by: 7B732FF8F8DD4AB... Scott Passey, City Clerk APPROVED AS TO FORM: L ignend -- Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) On this �0� day of ��� 2022, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John C. Hungerford, to me known to be the Division Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. bl My commission expires: 1 ala-0I/ '),b 5LA4 Packet Pg. 127 2.6.a OF k VAS o 41� Cityof Edmonds MIKE NELSON MAYOR 200 2ND AVE S • EDMONDS, WA 98020 9425-771-0237 PUBLIC WORKS AND UTILITIES DEPARTMENT— WASTEWATER TREATMENT PLANT ANC. I s40 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington (hereinafter the "City") and Parametrix, Inc. (hereinafter the "Consultant"), entered into an underlying Professional Services Agreement to support the automated control systems at the WWTP, dated October 28, 2020 ("Underlying Agreement"), which was amended by Amendment No. 1, dated September 7, 2022 ("Amendment No. I"); and WHEREAS, Section 12 of the Underlying Agreement authorizes amendments only by written instrument properly signed by both parties; and WHEREAS, the parties desire to further amend the Underlying Agreement to adjust the period of performance due to events outside the parties' control; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties to the Underlying Agreement as follows: The provisions of the Underlying Agreement of October 28, 2020 between the City and the Consultant, as amended by Amendment No. 1, both of which are attached hereto as Attachment A and incorporated herein by this reference as if fully set forth, is further amended in, but only in, the following respects: A. Period of Performance. Section 6 of the Underlying Agreement is hereby further amended to read as follows: 6. Period of performance. The period of performance for Phase A shall be from 09/30/2020 to 08/31/2022. The period of performance for Phase B shall be from 02/l/2021 to 06/30/2024. The Consultant shall perform the work authorized by this Agreement promptly, in accordance with the receipt of the required governmental approvals. B. Exhibit A. The dates set forth in Exhibit A to the Underlying Agreement regarding the anticipated timeline of performance of work are hereby adjusted to conform with the dates set forth above. 2. In all other respects, the Underlying Agreement, as amended by Amendment No. 1, shall remain in full force and effect, further amended as set forth herein, but only as set forth herein. [Signatures on following page] Packet Pg. 128 DocuSign Envelope ID: A4DB3B79-B1DB-4AD9-B751-OD82FCBF7AFB 2.6.a Amendment No. 2 to Professional Services Agreement, Page 2 DATED this , ��day of 2023. CITY OF EDMONDS PARAMETRIX, INC. DocuSigned by: Il�t.ic�.ac,l, Michael Nelson, Mayor ohn C. Hungerford, ision Manager as E ATTEST/AUTHENTICATED: CITY OF EDMONDS = DocuSigned by: DocuSigned by: E�-SCA.V' Qln�(�ew 4AB Scott Passey, City Clerk Oscar Antillon, Public Works and Utilities Director o a a� APPROVED AS TO FORM: 0 m DocuSigned by: s(vbvt, r4s = 0 L M Office of the City Attorney 0 STATE OF WASHINGTON ) )ss COUNTY OF PIERCE ) On thisa y of 2023, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John C. Hungerford, to me known to be the Division Manager of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNES,5,jy„ And and official seal hereto affixed the day and year first above written A STj�''��.,�� '11619' ., r NOTARY NOTARY PUBLIC o pU0L1C N� = My commission expires: N ?02�: •sin Packet Pg. 129