HomeMy WebLinkAbout2024-11-12 Council Special PacketAgenda
Edmonds City Council
SPECIAL MEETING NOTICE
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
NOVEMBER 12, 2024, 5:30 PM
Edmonds City Council Agenda
November 12, 2024
Page 1
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1. CALL TO ORDER
2. COUNCIL BUSINESS
1. 2025 Lodging Tax Budget (15 min)
2. Edmonds Downtown Alliance 2025-2026 Work Plan and Budget (20 min)
3. 84th Ave W Walkway (234th St SW – 238th St SW) Project Update (30 min)
4. Discussion of Ecoremedy, LLC extended Operations and Maintenance Contract (5 min)
ADJOURNMENT 6:45 PM
City Council Agenda Item
Meeting Date: 11/12/2024
2025 Lodging Tax Budget
Staff Lead: Todd Tatumn
Department: Economic Development
Preparer: Todd Tatum
Background/History
A tax of 2% on the sale of, or charge made for, the furnishing of lodging by a hotel, rooming house,
tourist court, motel, or trailer camp...for a continuous period of less than one month was imposed for
the purposes of paying all or any part of the cost of tourism, promotion, acquisition of tourism-related
facilities, or the operation of tourism-related facilities.
A Lodging Tax Advisory Committee (LTAC) reviews applications for this fund, and makes funding
recommendations to the legislative body. Changes to the proposed use of funds must be submitted to
the LTAC 45 days prior to final action by the city council. The LTAC must take public comment on the
proposed change and may submit comments to the city council. Failure of the Committee to provide
comments does not preclude the city council from taking action on the lodging tax budget after 45 days.
The LTAC approved a recommended budget on 6/12/24. The mayor's proposed budget uses an
additional $49,000 from ending fund balance above the Committee's recommended budget to
compensate for tourism dollars which were traditionally allocated in the General Fund, but were
reduced this biennium due to the city's financial situation. The LTAC was informed of this on 10/09/24.
45 days from this date is 11/23/24.
Staff Recommendation
After allowing for comments from the LTAC and after 11/23/24, consider approving the lodging tax
budget as it appears in the Mayor's proposed budget.
Narrative
The attached budget shows the original budget as approved by the LTAC on 6/12/24. The column
labeled "Mayor's Proposed 2025 Budget" shows the specific areas of increase highlighted in yellow, and
the resulting decrease in ending fund balance for fund 120. Fund 123 is not impacted by any proposed
changes to the LTAC approved budget.
Attachments:
2025 Lodging Tax Fund 120
2025 Lodging Tax Fund 123
2025 Lodging Tax Budget Presentation v2
2.1
Packet Pg. 2
LTAC Budget
LTAC Approved
2025 Budget
Mayor's
Proposed
2025 Budget
Revenue
75% Fund 120 - General Tourism Promotion $119,732 $119,732
25% Fund 123 - Arts/Culture Tourism Promotion $39,910 $39,910
Total Lodging Tax Revenue $159,641 $159,641
120 Fund
Beginning Fund Balance *$142,287 $142,287
75% Fund 120 - General Tourism Promotion Revenue $119,732 $119,732
Interest $0 $0
Total:$262,019 $262,019
ON-GOING EXPENDITURES
General Tourism Promotion (Fund 120):
Professional Services
Design and Printing of rack card $2,500 $2,500
Distribution of rack card $2,500 $2,500
Promotion/support of Bird Fest $1,500 $1,500
Chamber of Commerce (Edmonds Visitor's Center & events)$10,000 $10,000
Tourism Promotion/Website/Calendar Support $37,000 $72,500
Website Hosting/Technical Updates $2,500 $2,500
Organic Social Media $20,000 $20,000
Advertising
General Advertising $30,000 $42,712
Cascadia Art Museum $15,000 $15,000
Edmonds Center for the Arts $15,000 $15,000
Miscellaneous
Miscellaneous - Design, photography, emerging opportunities $0 $788
Interfund Transfer
Transfer to Fund 117 for arts promotion etc.$4,000 $4,000
On-going Expenditure Subtotal:$140,000 $189,000
ONE-TIME EXPENDITURES
Professional Services
Log Cabin Maintenance (2025)$5,000 $5,000
One-time Subtotal $5,000 $5,000
Fund 120 Ending Fund Balance $117,019 $68,019
11/7/2024
2.1.a
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LTAC Budget
LTAC Approved
2025 Budget
123 Fund
Beginning Fund Balance*$136,071
25% Fund 123 - Arts/Culture Tourism Promotion $39,910
Interest $1,000
Total:$176,980
On-going Expenditures:
Art/Culture Tourism Promotion Grants:
Cascade Symphony $2,800
EAF for Art Studio Tour $2,800
DeMiero Jazz Festival $2,950
Olympic Ballet Theater $2,950
Driftwood Theater $2,950
Art Walk $2,800
Porchfest $2,000
Jazz Connection - Rotary $2,950
Multicultural Association of Edmonds $2,800
Subtotal - Tourism Promotion Grants $25,000
Write on the Sound $9,500
Promotion of public art/brochure/web $3,000
Subtotal - LTAC approved EAC program expenditures $37,500
Subtotal: Expenditures $37,500
Fund 123 Ending Fund Balance $139,480
*Adjustment - Investment Interest
Fund 123 Ending Fund Balance $139,480
11/4/2024
2.1.b
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The 2025 Budget
November 12, 2024
To dd Tatum
Lodging Tax
2.1.c
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I.2025 budget highlights
II.Budget cut impacts
2.1.c
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2025 BUDGET HIGHLIGHTS
2.1.c
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Re venue
LTA C Approved
2025 Budget
$159,641Total Projected Lodging Tax Revenue
$119,73275% Fund 120 -General Tourism Promotion
$39,91025% Fund 123 -Arts/Culture Tourism Promotion
2.1.c
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Fund 120
Mayor's Proposed
2025 Budget
LTAC Approved
2025 Budget
Revenue
$119,732$119,73275% Fund 120 -General Tourism Promotion
$39,910$39,91025% Fund 123 -Arts/Culture Tourism Promotion
$159,641$159,641Total Lodging Tax Revenue
120 Fund
$142,287$142,287Beginning Fund Balance *
$119,732$119,73275% Fund 120 -General Tourism Promotion Revenue
$0$0Interest
$262,019$262,019Total:
ON-GOING EXPENDITURES
General Tourism Promotion (Fund 120):
Professional Services
$2,500$2,500Design and Printing of rack card
$2,500$2,500Distribution of rack card
$1,500$1,500Promotion/support of Bird Fest
$10,000$10,000
Chamber of Commerce (Edmonds Visitor's Center &
events)
$72,500$37,000Tourism Promotion/Website/Calendar Support
$2,500$2,500Website Hosting/Technical Updates
$20,000$20,000Organic Social Media
Advertising
$42,712$30,000General Advertising
$15,000$15,000Cascadia Art Museum
$15,000$15,000Edmonds Center for the Arts
Miscellaneous
$788$0
Miscellaneous -Design, photography, emerging
opportunities
Interfund Transfer
$4,000$4,000Transfer to Fund 117 for arts promotion etc.
$189,000$140,000On-going Expenditure Subtotal:
ONE-TIME EXPENDITURES
Professional Services
$5,000$5,000Log Cabin Maintenance (2025)
$5,000$5,000One-time Subtotal
$68,019$117,019Fund 120 Ending Fund Balance
2.1.c
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Fund 123123 Fund
$136,071Beginning Fund Balance*
$39,91025% Fund 123 -Arts/Culture Tourism Promotion
$1,000Interest
$176,980Total:
On-going Expenditures:
Art/Culture Tourism Promotion Grants:
$2,800Cascade Symphony
$2,800EAF for Art Studio Tour
$2,950DeMiero Jazz Festival
$2,950Olympic Ballet Theater
$2,950Driftwood Theater
$2,800Art Walk
$2,000Porchfest
$2,950Jazz Connection - Rotary
$2,800Multicultural Association of Edmonds
$25,000Subtotal -To urism Promotion Grants
$9,500Write on the Sound
$3,000Promotion of public art/brochure/web
$37,500Subtotal -LTA C approved EAC program expenditures
$37,500Subtotal: Expenditures
$139,480Fund 123 Ending Fund Balance
2.1.c
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BUDGET CUT IMPACTS
2.1.c
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8
Impacts
•The replacement of General Fund with Lodging Tax fo r tourism
promotion allows us to maintain our destination marketing
efforts
•If carried on to 2026, we’d have an ending fund balance of
~$6,000
•The LTA C must now allow for public comment
•The LTA C has a 45 day window to respond to this change before
Council may adopt the change
•This window started on 10/09/24 and will end on 11/23/24
2.1.c
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9
2026
Lodging tax funds many grants per year. These run on an annual
basis. We’ll come back in mid-2025 to amend the 2026 budget to
reflect these grant awards and update revenues and expenditures.
2.1.c
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THANK YOU
2.1.c
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City Council Agenda Item
Meeting Date: 11/12/2024
Edmonds Downtown Alliance 2025-2026 Work Plan and Budget
Staff Lead: Todd Tatum
Department: Economic Development
Preparer: Todd Tatum
Background/History
The Edmonds Downtown Alliance (aka Business Improvement District) is required to submit an annual
work plan and budget to the city for approval. Accordingly, the Downtown Alliance submitted its
proposed 2025-2026 work plan and budget (attached here), which will be presented at the 11/12/24
City Council meeting.
Staff Recommendation
Approve the Edmonds Downtown Alliance's work plan and budget for 2025-2026
Narrative
The proposed Work Plan includes programmatic work and supporting expenditures in the following
areas, as detailed in the attached Work Plan:
- Administration
- Communication and Outreach
- Marketing/Advertising
- Appearance and Environment
2025 revenue is projected at $79,206, and expenditures at $84,445 , which includes $5,239 in fund
balance.
2026 revenue is projected at $80,400, and expenditures at 80,400.
Attachments:
2025-26-Ed-Budget-Proposed
Final-2025-26-City-Council
2.2
Packet Pg. 15
REVENUES 2025 Proposed 2026 Proposed
Beginning Fund Balance $14,600 $9,364
Projected Revenue $79,209 $79,209
Projected Donations
PROJECTED AVAILABLE FUNDS $93,809 $88,573
Operating Expenses (domain reg, hosting, Gsuite, PO Box fees,
tax filing, nonprofit filing, Zoom)$1,050 $1,050
Misc Supplies $150 $150
Administration Program Management 35 hrs/mo $21,000 $21,000
Subtotal $22,200 $22,200
Digital Advertising—Articles $5,500 $5,000
Edmonds Holidays Campaign $8,845 $6,000
Photography (articles, social media)$7,200 $7,200
Copywriting $6,600 $6,600
Marketing Program Management 15 hrs/mo $9,000 $9,000
Holiday Program Management 20 hrs $1,000 $1,000
Website Design/Updates $3,500 $3,500
Budget Supplement from Fund Balance for Winter Marketing
Campaign $500 $500
Budget Supplement from Fund Balance for Summer Marketing
Campaign $3,400 $3,400
Subtotal $45,545 $42,200
Annual Meeting $1,500 $1,500
City Events (4th, Taste)$500 $0
My Edmonds News Outreach $330 $330
New Member Communications $250 $250
Annual Member Update & Assessments $620 $620
Budget Supplement from Fund Balance for Main St Conference $700
Communication and Outreach Program Management 20 hrs $1,000 $1,000
Budget Supplement from Fund Balance for Additional Mailing $0 $500
Subtotal $4,900 $4,200
2026 Ed! FINAL Proposed
EXPENSES
Administration
Marketing
Communication and Outreach
2.2.a
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Umbrella Program $10,600 $10,600
After Hours Parking Signage $0 $0
Appearance and Environment Program Management 2 hrs/mo $1,200 $1,200
Budget Supplement from Fund Balance for Creative Messaging $0 $0
Budget Supplement from Fund Balance for Directional
Signage/Map $0 $0
Subtotal $11,800 $11,800
TOTAL BUDGETED EXPENDITURES $84,445 $80,400
TOTAL REVENUE $93,809 $88,573
PROJECTED END OF YEAR FUND BALANCE (Projected Available
Funds Minus All Expenditures)$9,364 $8,173
As Percentage of On-Going Revenue 11.8%10.3%
Directional Signage/Map
Winter Marketing $500 $500
Additional Mailing $500
Summer Marketing $3,500 $700
Creative Messaging
Main Street Conference $700
SUBTOTAL $5,200 $1,200
BUDGET SUPPLEMENTS FOR EXPENDITURES FROM FUND BALANCE
Appearance, Environment + Pedestrian Safety
2.2.a
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Ed! 2024 in Review
November 12, 2024
2.2.b
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History of Ed!
2.2.b
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Why Ed!?
•A stable and predictable self -funding mechanism to
support downtown -only marketing and programs
•To create something bigger and better than any one of
our businesses could accomplish on our own
•Bring a new level of professionalism in our look and
feel for promoting downtown
•Focus on our downtown core
2.2.b
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Approved Categories in BID Ordinance
•Marketing & Hospitality
•Safety & Cleanliness
•Appearance & Environment
•Transportation
•Business Recruitment & Retention
•Organization
2.2.b
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Ed!’s Mission Statement
Ed! is a focused, funded organization that supports and improves business conditions in
Edmonds. Our goal is to ensure our downtown stays lively, attractive, prosperous and
welcoming to everyone.
2.2.b
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The 2024 –2025 Member Advisory Board
Kimberly Koenig
President
Rogue
Olivia Brown -Latham
Secretary
Sugarology Edmonds
Sheila Cloney
Vice President
Anchor Chic
Lisa Epstein
Treasurer
Salish Insurance
Group
Ricky Bobadilla
Santa Fe Mexican
Grill & Cantina
Cheryl Farrish
Certa Farrish Law
Group
Jen Cullin
The Paper Feather
Liz Morgan
FIELD by Morgan
& Moss
Jen Lawson
crow
Beth Sanger
Ombu Salon
+ Spa
Carrie Hulbert
Program
Manager
2.2.b
Packet Pg. 23
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Professional Expertise
Volunteer advisory board of member business
representatives have a wide range of expertise,
offering their fresh ideas for free
Paid experts with extensive professional experience
are utilized strategically
This combination of skills results in highly
professional, targeted and nimble executions with a
small budget
2.2.b
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Going Forward
City Council asked that we provide a work plan that contemplates re -initialization and
implementation of certain best practices not later than summer of 2025.
We presented that work plan to Council in June 2024.
Our next steps are:
•Conduct outreach to property and business owners
•Create BIA options, such as adjustments to services, boundaries, budget, and
organizational structure
2.2.b
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2.2.b
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Appearance & Environment Programs
2.2.b
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Courtesy Umbrellas
2.2.b
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After Hours Parking Signs
3 locations:
•Sound Credit Union
•WA Federal
•US Bank
Adds 50 spots downtown
2.2.b
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“Discover Downtown” Directional Flags
2.2.b
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Communication & Outreach Programs
2.2.b
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Member Outreach
Keep members up to date via Annual Meeting, Year in Review brochure, email newsletter,
web page and new member information & visits
2.2.b
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My Edmonds News Sponsored Content
Articles run as sponsored content
six times per year for additional
reach
2.2.b
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Main Street Places Conference in Walla Walla
Three people attended to learn
best practices, get inspired and
network with other downtown
organizations.
2.2.b
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Marketing Programs
2.2.b
Packet Pg. 35
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Destination Marketing Strategy
•Promote Edmonds as a local and day trip destination
•Hyper-local focus (Edmonds +10 miles)
•Utilize digital content, ads, and social to drive visits and
keep Edmonds top of mind
•Create cohesive campaigns to give people another
reason to come downtown
•A local writer and photographer work with the Program
Manager to produce high-quality content
2.2.b
Packet Pg. 36
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EdmondsDowntown.orgEdmondsDowntown.org
•Member business directory
•Feature articles
•Business Spotlights
•Parking info page
•Edmonds info
2.2.b
Packet Pg. 37
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Site Directory
Provide an additional digital presence for businesses
Category & business pages viewed 99,000 times past year
2.2.b
Packet Pg. 38
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Web Feature Articles
•Since 2018 Ed! has used compelling
stories to promote downtown
•Highlight Edmonds businesses,
campaigns, events and the unique
qualities of downtown
•Viewed 29,000 times in last year
•Drives most site traffic, which is +31%
2.2.b
Packet Pg. 39
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Business Spotlights
2.2.b
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Digital Advertising
•Promote Spotlights, Features, campaigns,
and services
•Ads have been seen nearly 1.4M times
past year
•Strong average link clickthrough rate of
2.14%
2.2.b
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Social Media
Instagram: 10,087 followers
37% follower growth
Facebook: 3,351 followers
65% follower growth
2.2.b
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EdmondsDowntown.org
•Holiday Trolley + Emily the Elf
•Festive Drink Bingo
•First Dibs
•Window clings
•Edmonds Holidays website
•Posters & table tents
•Social Media ads & features
Edmonds Holidays Campaign
2.2.b
Packet Pg. 43
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EdmondsDowntown.org
•Window clings
•Water bottle stickers
•“Discover Downtown” flags
•Posters & table tents
•Ads and website features
Lovin’ Summer Edmonds Campaign
2.2.b
Packet Pg. 44
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Palentine’s Day Campaign
•A night of shopping and dining
specials to celebrate friendship
•Ads and website feature
•Posters
•Window clings
•Water bottle stickers
2.2.b
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Edmonds Pride Campaign
•Pride Stride
•Edmonds Pride stickers
•Ads and website feature
2.2.b
Packet Pg. 46
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Work Plan & Budget
2.2.b
Packet Pg. 47
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2025 Proposed Budget
Administration $22,200
Marketing $45,545
Communication and Outreach $4,900
Appearance & Environment $11,800
TOTAL BUDGETED EXPENDITURES $84,445
TOTAL BUDGETED REVENUES $79,209
FUND BALANCE USED $5,236
2.2.b
Packet Pg. 48
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2026 Proposed Budget
Administration $22,200
Marketing $42,200
Communication and Outreach $4,200
Appearance & Environment $11,800
TOTAL BUDGETED EXPENDITURES $80,400
TOTAL BUDGETED REVENUES $79,209
FUND BALANCE USED $1,191
2.2.b
Packet Pg. 49
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2013 –2024 Budget Summary
2013
Budgeted
2013
Actual
2014
Budgeted
2014
Actual
2015
Budgeted
2015 YTD
Actual
2016
Budgeted 2016 Actual
2017
Budgeted 2017 Actual
2018
Budgeted
2018
Actual
YTD
2019
Proposed
Budget 2019 Actual
2020
Proposed
Budget 2020 Actual
2021
Proposed 2021 Actual
2022
Proposed
2022
Actual
2023
Proposed 2023 Actual
2024
Proposed
2024 Actual
YTD
Revenue
Beginning Balance 0 56,134 56,134 46,327 46,327 65,207 66,713 66,593 50,137 46,506 41,495 26,084 24,098 9,466 11,546 10,347 19,152 23,151 29,132 22,518 39,784 32,886 37,682
Bid Assessment Fee 66,000 57,116 89,000 82,301 81,880 75,874 81,880 76,600 81,880 78,134 86,563 82,017 90,487 78,979 79,209 74,480 79,209 76,588 79,209 90,744 79,209 76,373 76,373 68,791
Miscellaneous 7 0 0 0 0 0 652 0 104 0 690 0 0 0 124 0 61 0 0 0 0
BID Donations 820 0 0 0 0 0 0 6,000 0 6,860 0 7,046 0 1,143 0 0 1,170 0 1,000 0 2,500
Total Revenue 66,000 57,943 145,134 138,435 128,207 122,201 147,087 143,966 148,473 134,375 133,069 131,063 116,571 110,124 88,675 87,293 89,556 95,800 102,360 121,046 101,727 117,157 109,259 108,973
Expense
Administration 5,000 0 10,000 5,006 17,000 10,462 17,000 17,064 18,500 14,351 26,700 26,880 25,200 24,741 24,925 25,401 24,905 26,873 21,905 22,097 21,950 22,055 22,200 14,472
Insurance & Licensing 0 0 3,000 50 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Marketing 26,000 0 50,000 74,650 22,000 21,773 36,000 31,095 36,000 37,373 50,200 47,879 49,405 51,877 37,505 28,569 42,505 34,844 47,145 43,481 47,145 40,473 47,145 25,095
Member Engagement & Outreach 5,000 1,808
5,000
1,984
5,000 749 15,000 10,327 17,000 15,331 10,130 13,283 6,230 3,713 3,930 2,031 3,730 2,869 3,430 3,904 4,880 3,776 5,400 3,086
Professional Business Resources 4,000 0
12,000
0
10,000 1,077 5,000 4,800 6,000 5,766 1,000 578 0 0 0 0 0 0 0 0 0 0 0 0
Small Grants Program 0 0 0 0 10,000 4,000 10,000 1,900 10,000 3,417 5,000 3,222 5,000 2,500 1,500 1,500 0 0 0 0 0 0 0 0
Appearance & Environment 0 0 5,000 10,417 20,000 17,427 20,000 19,133 25,000 16,082 17,700 15,122 16,400 15,748 12,650 10,639 5,200 2,083 15,200 11,784 15,300 13,170 28,800 8,501
Public Restroom Commitment 0 0 0 0 0 0 10,000 10,000 0 0 0 0 0 0 0 0 0
Total Expenses 40,000 1,808 85,000 92,108 84,000 55,488 113,000 94,318 112,500 92,321 110,730 106,964 102,235 98,578 80,510 68,141 76,340 66,669 87,680 81,266 89,275 79,474 103,545 51,154
Balance 26,000 56,134 60,134 46,327
44,207 66,713 34,087 49,647 35,973 42,055 22,339 24,098 14,336 11,546 8,165 19,152 13,216 29,132 14,680 39,780 12,452 37,682 5,714 57,819
2.2.b
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Advisory Board Meetings
2nd Thursday each month
Zoom and in person at City Hall
2.2.b
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City Council Agenda Item
Meeting Date: 11/12/2024
84th Ave W Walkway (234th St SW – 238th St SW) Project Update
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
During the 2024 budget discussions, City Council added funding for a preliminary design of this project.
On June 18, 2024, staff presented a project update to the Parks & Public Works Committee to discuss
options for the project. The Committee discussed the project details and recommended the item be
presented to the City Council to select an option for preliminary design.
Staff Recommendation
Staff will review options at the Council meeting.
Narrative
In June 2024, staff presented two options to the Parks and Public Works Committee for installing
sidewalk on the east side of 84th Ave between 238th St and 234th St. Both options removed the existing
300 feet of sidewalk on the east side of 84th Ave, north of 238th St, to provide a uniform cross-section
across the entire length of the project. The options were intended to satisfy the requirements of the
Mixed-Use Neighborhood Street cross section included in the Reimagining Neighborhoods + Streets:
Creating Community Spaces Together - Edmonds Street and Public Space Typologies document.
After discussion and comments from the Committee, staff generated options with a reduced scope of
work that provided lower planning level cost estimates. The options are outlined on slide 6 of the
presentation.
The following are responses to questions asked during the Committee meeting:
1. Where are existing school bus stops on 84th Ave within the project limits?
Answer: There are three stops
· East side at 236th St.
· West side (mid-block 238th St - 236th St)
· West side (mid-block 236th St - 234th St)
2. Request cost estimate for an asphalt sidewalk
Answer: Provided as option 3a
3. Request cost estimate without bike lanes
Answer:
2.3
Packet Pg. 52
· Options 2, 3a and 3b do not have bike lanes on the west side of 84th Ave
· This segment of 84th Ave is on the draft bicycle LOS network map in the Transportation
Plan Update. In addition, the 2015 Transportation Plan designated proposed bike
lanes on this segment of 84th Ave.
· Eliminating paint markings for a bike lane on options 2, 3a and 3b would result in a very
small reduction in cost.
4. Snohomish County’s long-term plan for 84th Ave
Answer:
· 84th Ave improvements are not in the County’s 2023-2028 6-year Transportation
Improvement Program.
· Urban design standards - Sidewalk, planter strip and 5 ft bike lanes.
Staff will review the options and the planning level cost estimates during the presentation. The
next steps for the project are:
1. Select an option and complete the 30% preliminary design
2. Public meeting after 30% design
3. Pursue grants and funding options
Attachments:
Presentation
2.3
Packet Pg. 53
84th Ave W Sidewalk
(238th St SW – 234th St SW)
11/12/2024
City Council Meeting
2.3.a
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Project Limits
•2024-2029 CIP/CFP PWT-32
•Project proposes new sidewalk on east side of 84th Ave W
•5th highest priority long walkway project in 2015 Transportation Plan
2.3.a
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Existing Conditions
2.3.a
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Cross Sections
84TH AVE W WALKWAY (238TH ST SW – 234TH ST SW) CROSS SECTION
ALTERNATIVES 1a, 1b
0.5’
2.3.a
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84TH AVE W WALKWAY (238TH ST SW – 234TH ST SW) CROSS SECTION
ALTERNATIVES 2, 3a, 3b
(*) 3’x3’ TREE GRATES ONLY INCLUDED IN ALTERNATIVE 2
2.3.a
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Planning-level Cost Estimates
Alternative
1a
5’ bike lanes on
each side of 84th
7’ concrete
sidewalk and 5’
planter strip on
east side of 84th
Demo 300’ of
existing sidewalk
and replace with
new 7’ sidewalk
$3.15M
Alternative
1b
5’ bike lanes on
each side of 84th
7’ concrete
sidewalk and 5’
planter strip on
east side of 84th
Retain 300’ of
existing sidewalk
$2.67M
Alternative
2
5’ bike lane on east
side of 84th
7’ concrete
sidewalk and 3’x3’
tree wells on east
side of 84th Ave
Retain 300’ of
existing sidewalk
$2.29M
Alternative
3a
5’ bike lane on east
side of 84th
7’ asphalt sidewalk
on east side of 84th
Retain 300’ of
existing sidewalk
$1.94M
Alternative
3b
5’ bike lane on east
side of 84th
7’ concrete
sidewalk on east
side of 84th
Retain 300’ of
existing sidewalk
$2.07M
2.3.a
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84th Ave Sidewalk
•Planning Level Cost Estimates Include
•Overlay of 84th Ave ($290k)
•Sidewalk connection on west side of 84th Ave for CT bus stop
•Required stormwater improvements
•Right of way acquisition
•Funding
•Final design, right of way acquisition and construction do not have a secured
funding source.
•Existing Parking on 84th Ave
•On-street parking on east side of 84th Ave north of 238th St
•Future Development
•Vacant lot at southeast corner of 84th Ave/236th St
•Highway 99 Stage 3 Improvements
•238th St. Improvements from Highway 99 to 84th Ave
2.3.a
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Preliminary Conceptual Design
238th/84th
NE corner
236th/84th
intersection
234th Pl SW/84th east of intersection
234th St SW/84th
NE and SE corners
N84th Ave W
(238th St SW – 234th St SW)
2.3.a
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Proposed Right of Way Acquisition
234th Pl SW/84th intersection
2.3.a
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PW Committee Questions
•Where are existing school bus stops on 84th within the project limits?
•East side at 236th St
•West side (mid-block 238th St – 236
th St)
•West side (mid-block 236th St – 234
th St)
•Requested a cost estimate for an asphalt sidewalk
•Provided as option 3a
•Requested cost estimate for a sidewalk without bike lanes
•Options 2, 3a and 3b do not have bike lanes on west side of 84th Ave
•84th Ave is on draft bicycle LOS network in the Transportation Plan Update.
The 2015 Transportation Plan designated proposed bike lanes on 84th Ave.
•Snohomish County’s long-term plans for 84th Ave Walkway
•84th Ave Improvements are not in the County’s 2023-2028 6-year
Transportation Improvement Program
•Urban design standards – sidewalk, planter strip and 5 ft. bike lanes
2.3.a
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Next Steps
•Select option for 30% preliminary design
•Future Public Meeting
•Pursue grants to fund project
2.3.a
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City Council Agenda Item
Meeting Date: 11/12/2024
Discussion of Ecoremedy, LLC extended Operations and Maintenance Contract
Staff Lead: Phil Williams
Department: Public Works & Utilities
Preparer: Royce Napolitino
Background/History
City Council authorized a contract and funding with the State Department of Enterprise Systems (DES)
for design of the WWTP Phase 6 Energy Conservation Project - Carbon Recovery in the 2019 budget. City
Council appropriated $11,037,000 in the 2020 budget for construction to begin.
On June 2nd, 2020 City Council received a presentation on the current status of the Incinerator
Replacement Project (Carbon Recovery Project). The presentation presented a summary of work done
to-date to identify and screen available options, described the significant design work done on the
short-listed options, and presented a recommended option for City Council to consider as the preferred
alternative. The comparisons included data on how the options actually work as well as how they
compare on initial cost, on-going maintenance costs, and environmental performance.
On June 9th, 2020 City Council received an additional presentation on this recommended project. Staff
was directed to again place the project on the Action Agenda for June 16th.
On June 16th, 2020 Council reviewed some of the preliminary funding considerations for the project but
due to time constraints that discussion was unfinished. On June 23rd, 2020 Council again reviewed the
project and entertained taking action to approve the project using an ESCO delivery model but
ultimately decided to hold an optional Public Hearing on July 7th to get comments from the public
regarding the project, its required funding, financing methods, and rate impacts.
July 7th, 2020 - upon conclusion of the Public Hearing, the Mayor was authorized to sign all necessary
documents between the City and the Department of Enterprise Systems to deliver this project for the
Guaranteed Maximum Cost of $26,121,040.
October 27, 2021 - Construction started, significant progress has been made and the project is starting
the commissioning phase in February 2023.
July 2023 - System placed into Operation in Measure and Verify status. Council received updates of
project through reporting and previous discussion on Construction Status.
October 2024 - Held discussion with City of Edmonds Parks and Public Works Committee for
introduction and explanation of O&M contract development with Ecoremedy, LLC.
Staff Recommendation
Authorize the Mayor to sign a six-month O&M contract and training program with Ecoremedy as
presented. Cost of $894,000 is in the DRAFT 2025 Budget as Decision Package #760-25008
2.4
Packet Pg. 65
Narrative
Work on the Wastewater Treatment Plant Incinerator project is still in the design/build phase until
commissioning is complete and we achieve substantial contract completion. We project that to be
sometime in early December. At that point we would begin this Operations and Maintenance (O&M)
contract and continue formal training of our operators. Under this contract the City will transition to full
city operation of the facility.
Most recent iteration of documents to be provided for full Council presentation.
Attachments:
DRAFT OM Contract 2024.11.07 Final
2.4
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Page 1
CITY OF EDMONDS WASTEWATER TR EATMENT PLANT
GASIFICATION SYSTEM OPERATION AND MAINTENANCE AGREEMENT
This Gasification System Operation and Maintenance Agreement (the “Agreement”) is
made this _____ day of October 2024, by and between:
1) City of Edmonds, a Washington municipal corporation with its principal place of business
at 121 5th Avenue North, Edmonds, WA 98020 (hereinafter the “Client”); and
2) ECOREMEDY, LLC, a State of Delaware limited liability company with its principal
place of business at 960 Penn Avenue, Suite 400, Pittsburgh, PA 15222 (hereinafter the
“Operator”).
BACKGROUND
A gasification system for the processing of biosolids (“Gasification System”) was designed and built at the
Client’s Wastewater Treatment Plant under a design-build contract (“Design-Build Contract”) as described
in Schedule 2 attached to this Agreement. The Operator is a subcontractor under the Design-Build Contract.
The Client desires to procure operation and maintenance services required for the Gasification System as
set forth in Schedule 1 attached to this Agreement and the Operator desires to provide said operations and
maintenance services to the Client.
It is the intent of the parties that this Agreement will run concurrently with the existing Measurement and
Verification Agreement under the Design-Build Contract. This Agreement is not intended to supersede or
change any obligations of the parties under the Design-Build Contract. In the event of a conflict between
any provision of this Agreement and any provision of the Design-Build Contract, the provision of the
Design-Build Contract will control.
In consideration of the mutual promises in this Agreement, the parties agree as follows:
1) TERM
This Agreement shall commence on upon successful commissioning (including contract required
training) of the Gasification System effective date to be added here_________________
(“Commencement Date”) and shall remain in full force and effect for six (6) months from the
Commencement Date (“Initial Term”) unless terminated earlier under Section 5 below. After the
Initial Term, the Agreement may be renewed for successive one (1) month periods unless terminated
in writing by either party at least thirty (30) days prior to the expiration of the then-current term.
2) OPERATOR’S SERVICES
2.1. Operator shall provide the services as set forth in Schedule 1 (the “Services”).
2.2. Except in the case of an Emergency Event, Operator shall obtain the prior written approval of
the Client for any single maintenance-related expense for which it seeks additional
compensation. When the Operator determines that an Emergency Event exists, it may begin
immediately taking any necessary action related thereto, without the Client’s prior approval,
but shall provide notice to Client of any such Emergency Event as soon as reasonably possible,
and a good faith estimate of any related expenses, as soon as possible. Any costs incurred
during the Emergency Event shall be included in the Annual Operation and Maintenance
Expenditures, subject to the Client’s subsequent review and approval. Operator shall verify if
the repair is covered by their contractual warranty or a specific equipment warranty.
2.3. Operator may perform additional services or Corrective Maintenance beyond the Services
specified in Section 2.1 with the mutual consent of both parties. The parties shall separately
2.4.a
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negotiate the costs of any such additional services.
2.4. Operator shall:
2.4.1. Perform the Services in accordance with the provisions of this Agreement, Applicable
Law, and all permits, licenses, and specifications applicable to the operation and
maintenance of the Gasification System; exercising the degree of skill and care
ordinarily exercised by members of Operator’s profession in the geographic region of
the Facilities.
2.4.2. Use qualified personnel to operate and maintain the Gasification System and all its
equipment and processes in accordance with relevant operation and, if available,
maintenance manuals for the Gasification System, Applicable Law, and the Client’s
Permits.
2.4.3. Subject to the limitations in Section 3, below, perform the routine maintenance tasks
in Schedule 1;
2.4.4. Maintain necessary records of operations and submit reporting as required in
Schedule 1;
2.4.5. Maintain a safety plan for operation of the Gasification System, comply with all safety
standards and procedures as required by Client’s policies and Applicable Law.
2.4.6. Provide response services for an Emergency Event for the Gasification System twenty-
four hours a day, seven days a week.
3) CLIENT OBLIGATIONS
3.1. Client shall:
3.1.1. Obtain and maintain all state, federal, and local permits and licenses required for
ownership, operation and maintenance of the Facilities, including without limitation,
the Client’s Permits;
3.1.2. Maintain responsibility for the payment of all costs, expenses, taxes, penalties, fines,
and rates for emergency services associated with the operation and maintenance of the
Facilities and the Gasification System that have not been expressly assumed by
Operator in accordance with Schedule 1; provided, in each case in which the
referenced expense, penalty or fine is the direct result of Operator’s direct negligence
or willful conduct, Operator shall pay such amounts to the extent such expense,
penalty or fine is the direct result of Operator’s direct negligence or willful conduct;
3.1.3. Comply with Applicable Law relating to the management, ownership, operation,
maintenance, repair and replacement of the Facilities and Gasification System (to the
extent that the responsibility of complying with those laws is not specifically assumed
by the Operator under this Agreement). The Operator shall not be responsible for
Client’s failure to comply with any provision of Applicable Law that is not otherwise
specifically assumed by the Operator hereunder;
3.1.4. Client and its visitors shall comply with all safety standards and procedures as
required by Client’s policies and Applicable Law.
3.1.5. Maintain all sewer lines, pipes, force mains, and all other water transportation lines
(“Client Lines”), that are not part of the Gasification System under Operator’s control,
in a manner that will prevent, to the extent practicable, any damage to the operation of
2.4.a
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the Facilities due to leakage of water or infiltration or inflow of storm water from such
Client Lines;
3.1.6. Perform all duties and discharge all responsibilities and obligations relating to the
operation and maintenance of the Facilities not expressly assumed by the Operator
pursuant to the terms of this Agreement; and
3.1.7. Allow the Operator access to and use of the Facilities as defined in Schedule 1.
3.2. Client may provide Operator with access to one or more Client vehicles to assist Operator in
providing the Services under this Agreement.
4) FEES AND PAYMENT
4.1. For the period beginning on the Commencement Date, Client shall pay Operator a monthly
lump sum in the amount of $149,000 (“Base Fee”). Each monthly payment shall be due, in
advance, on the first of the month during which the Services will be rendered. All other
payments shall be due within thirty (30) days of the date of invoice.
4.2. Any disputes regarding invoices shall be raised, in writing setting forth sufficient detail
regarding the nature of the dispute, within ten (10) business days from the date of said invoice
or such other reasonable period of time, as determined by Client, as may permit Client to
adequately review and if necessary, audit any invoice, which shall not exceed ninety (90)
days.
4.3. Any and all late payments due to either party from the other party shall accrue interest at the
Prime interest rate plus 2% annually (pro-rated on a monthly basis) from the original due
date and until payment is received, unless waived by agreement.
4.4. In the event of a change in the Services requested by Client or a change in Applicable Law
which causes a substantial increase in Operator’s cost of providing the Services, Operator may
provide notice and substantiation to Client and the parties shall negotiate in good faith to adjust
the Base Fee to account for such change in Operator’s costs.
4.5. If Applicable Law, or its amendment, modification, application, or interpretation substantially
increases prevailing wage requirements to be paid pursuant to and under this Agreement, then
Operator will promptly notify Client, and each of them shall negotiate in good faith to adjust
the Base Fee to account for such increase. If the parties are then unable to agree to a mutually
acceptable adjustment, Operator or Client may terminate the Agreement in accordance with
the provisions of Section 5.
5) TERMINATION
5.1. Either party may terminate this Agreement by immediate written notice if the other has failed
to comply with a material term, provided that the non-defaulting party has first given the
defaulting party written notice to cure their default within ten (10) days (such applicable
period, a “Cure Period”) and the defaulting party has not done so. If a default cannot be
cured within the Cure Period, the parties may agree to an extension of the time to cure
provided the defaulting party provides reasonable evidence within the Cure Period that it
has identified a means to cure and is pursuing it diligently. Should Client pay an unpaid,
undisputed invoice within the Cure Period, the termination notice under this provision will
be deemed automatically withdrawn.
5.2. In the event of the termination of this Agreement, Client shall pay Operator for the Services
provided and invoiced by Operator up to the effective date of termination and the
effectiveness of such termination by Client will be conditioned upon receipt by Operator of
such payment. Client shall make payment within thirty (30) days of the date of termination.
2.4.a
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5.3. Client shall notify Operator of any dispute with an invoice within twenty (20) business days
from receipt of said invoice or such other reasonable period of time, as determined by Client,
as may permit Client to adequately review, and if necessary, audit any invoice, which shall
not exceed ninety (90) days. In the event that Client has a dispute with any charges, all
undisputed charges on said invoice(s) will be due in accordance with the above time periods
and the parties shall negotiate in good faith to resolve any such dispute in a timely manner.
6) FINES, INDEMNIFICATION AND LIMITATION
6.1. In the event that the Gasification System operation is interrupted, for reasons within the
Operator’s direct control and to the extent caused by the Operator’s negligence or intentional
misconduct, including but not limited to failures of the Gasification System equipment due
to operational or maintenance errors or omissions, for a period of time that requires the
hauling of Biosolids, Operator shall be liable for costs and/or other damages in accordance
with the Damages Liability Agreement set forth in Schedule 3. The Operator shall not be
liable for any such costs and/or other damages that are covered by the provisions of the
Design-Build Contract, as provided in Schedule 3. The Operator shall not be held
responsible if operations are interrupted due to issues outside of its control such as hazardous
/ flammable materials contained in the Facilities influent loading.
6.2. If the Facilities loading exceeds its design parameters or if influent contains: i) abnormal,
toxic or other substances which cannot be treated by the existing Facilities; or ii) discharges
which violate applicable ordinances, the Client shall promptly notify Operator and provide
an estimate of related time necessary to return system back to normal and will use its best
efforts to maximize performance of the Facilities. Operator shall not be responsible for
associated effluent characteristics or damages, fines or penalties which result, in the absence
of Operator’s direct negligence or willful conduct.
6.3. SOLELY TO THE EXTENT PERMITTED BY APPLICABLE LAW, DURING THE
TERM OF THIS AGREEMENT, EACH PARTY (THE “INDEMNIFYING PARTY”)
SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY AND
THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH IS REFERRED TO
HEREIN AS AN “INDEMNIFIED PARTY”) AGAINST ANY AND ALL LIABILITY
FOR DAMAGES, COSTS, LOSSES, AND EXPENSES, INCLUDING REASONABLE
ATTORNEY’S FEES, RESULTING FROM ANY CLAIM ASSERTED BY A THIRD
PARTY AGAINST THE INDEMNIFIED PARTY FOR WRONGFUL DEATH, BODILY
INJURY, AND/OR PROPERTY DAMAGE, BUT ONLY TO THE EXTENT CAUSED
BY THE WILLFUL OR NEGLIGENT ACTS OR OMISSIONS OF THE INDEMNIFYING
PARTY.
6.4. Operator is not liable for any liabilities resulting from the collection system for the Facilities
unless such liabilities are the result of Operator’s negligent or willful actions.
6.5. Notwithstanding section 6.1 or any other provision to the contrary contained in this
Agreement, in no event shall either party be liable, either directly or indirectly, for any
special, punitive, indirect and/or consequential damages, including damages attributable to loss
of use, loss of income or loss of profit, even if such party has been advised of the possibility
of such damages.
6.6. In the event that claims(s) raised by Client against the Operator on account of this Agreement,
or on account of the Services performed hereunder including claims by Client for
indemnification under Section 6.3, are covered under Operator’s insurance policies required
of the Operator hereunder, Operator shall not be responsible to Client for any loss, damage or
liability beyond the amounts contractually required hereunder and actually paid pursuant to
the limits and conditions of such insurance policies. With respect to any causes of action and/or
claims raised against the Operator by Client that are not covered by the insurance policies
2.4.a
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required hereunder, including claims by Client for indemnification, Operator’s liability to Client
shall not exceed an aggregate amount equal to the Base Fee of the Agreement.
6.7. Under no circumstances shall Operator be responsible for any damages, losses, settlement,
payment deficiencies, liabilities, costs and expenses arising directly or indirectly because of
the execution or implementation of instruction or directions provided by the Client or any of
its directors, officers, employees, agents, or representatives, except in the case of Operator’s
direct negligence or willful conduct.
6.8. Operator shall not be liable for any liabilities, losses, damages, expenses, fines, or penalties
incurred by Client or any third party as a result of a data security breach or other cyber security
breach to the Facilities or Client’s computer systems, oper ating systems, and all other
technological or information systems related to the Facilities and Services provided hereunder,
except to the extent such liability, loss, damage, expense, fine, or penalty is the direct result
of Operator’s willful or negligent acts or omissions.
7) INSURANCE
7.1. Operator shall provide and maintain the following levels of insurance coverage at all times
during the Term:
7.1.1. Commercial General Liability Insurance, including contractual liability, with a limit
of one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) aggregate;
7.1.2. Workers Compensation Insurance in compliance with the statutes of the State of
Washington.
7.1.3. Automobile Liability Insurance with a combined single limit of one million dollars
($1,000,000); and
7.1.4. Excess Liability Insurance of two million dollars ($2,000,000).
7.2. Operator shall name Client as an additional insured on the general liability policy and
automobile liability policy with respect to the Services during the term of this Agreement,
except for any claim against or loss suffered by Client arising as a result of Client’s
negligence or fault and, in circumstances of joint fault or negligence, except to the extent of
the loss attributable to Client’s proportionate degree of negligence or fault.
7.3. Operator shall provide Client with thirty (30) days’ notice prior to cancellation of any policy
hereunder.
7.4. Operator shall provide Client with insurance certificates confirming the levels of coverage in
Section 7.1 and that the Client is named as an additional insured.
7.5. Client warrants that it maintains and will continue to maintain, during the term of this
Agreement, appropriate property insurance in relation to the Facilities.
8) DISPUTES
8.1. In the event of any disputes, the parties shall first attempt to resolve the situation by good faith
discussions which shall take place in a timely manner. If the dispute cannot be resolved within
sixty (60) days, the parties shall mediate their dispute before a mediator acceptable to both
parties, and if they cannot agree, they shall ask the Director of the Federal Mediation and
2.4.a
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Conciliation Service to nominate a mediator. The parties shall bear their own costs of the
mediation but the parties shall share equally the costs of the mediator and the mediation
facilities.
8.2. If the parties are unable to resolve any disputes in accordance with 8.1 above, litigation may
be initiated by the aggrieved party within sixty (60) days of the conclusion of mediation.
9) MISCELLANEOUS
9.1. The relationship of Operator to Client is that of independent contractor for all purposes under
this Agreement. This Agreement is not intended to create, and shall not be construed as
creating, between Operator and Client, the relationship of principal and agent, joint ventures,
co-partners or any other similar relationship, the existence of which is hereby expressly
denied.
9.2. This Agreement contains the entire agreement between Client and Operator pertaining to
operations and maintenance during the period of the Agreement and supersedes all prior or
contemporaneous communications, representations, understandings or agreements that are
not consistent with any material provision of this Agreement; provided, that nothing in this
Agreement is intended to modify any of the obligations of any party under the Design-Build
Contract, including but not limited to the construction, equipment functionality, measurement
and verification, and warranty obligations thereunder, all of the provisions of which remain in
full force and effect.
9.3. The parties may only modify this Agreement by a written amendment signed by both parties.
9.4. The failure on the part of either party to enforce its rights as to any provision of this
Agreement shall not be construed as a waiver of its rights to enforce such provisions in the
future.
9.5. Neither party may actively solicit, for hire, the employees of the other party during the term of
this Agreement.
9.6. This Agreement shall not be assigned by either party without the prior written consent of the
other party unless such assignment shall be to a parent, subsidiary, or affiliate of Operator
that does not effect a change of control; where such consent is required, such consent shall
not be unreasonably withheld, conditioned, or delayed. Additionally, except as prohibited
by Applicable Law, any sale, assignment, or transfer by the Client in its rights in, or right to
use, the Facilities shall be subject to Operator’s right to perform the Services under this
Agreement.
9.7. A party’s performance of any obligation under this Agreement shall be excused if, and to the
extent that, the party is unable to perform because of any event of Force Majeure, as defined
in Schedule 2. In any such event, the party unable to perform shall be required to resume
performance of its obligations under this Agreement upon the termination of the event or
cause that excused performance hereunder.
9.8. The Agreement shall be governed by and construed in accordance with the laws of the State
of Washington and venue for the resolution of any disputes shall be in Snohomish County,
Washington.
9.9. In the event that Client receives notice of or undertakes the defense or prosecution of any
legal or administrative action or proceeding in connection with the ownership, operation
and/or maintenance of the Facilities and/or this Agreement, Client shall give Operator
prompt notice of such proceedings and shall inform Operator in advance of all hearings. In
the event Operator receives notice of any action, claim, suit, administrative or arbitration
proceeding or investigation in connection with the ownership, operation and/or maintenance
of the Facilities and/or this Agreement, Operator shall give Client prompt notice of such
2.4.a
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proceedings.
9.10. All notices will be in writing and shall be deemed given when mailed by first class mail or
delivered in person. Notices required to be given by one party to the other will be addressed
to that party’s designated representative identified in Schedule 1.
9.11. All records compiled by Operator with information and material gathered when performing
this Agreement are the property of Client; Client expressly permits the Operator to use all
such records for marketing and sales purposes.
9.12. This Agreement is made for the benefit of the parties and is not intended to benefit any third
party or be enforceable by any third party.
9.13. Defined terms in this Agreement are set out in Schedule 2 or within the main body of this
Agreement, capitalized or within quotation marks.
9.14. Should any part of this Agreement for any reason be declared invalid or void, such
declaration will not affect the remaining parts of this Agreement, which will remain in full
force and effect as if the Agreement had been executed with the invalid portion eliminated.
9.15. This Agreement may be executed in more than one counterpart, each of which shall be
deemed an original.
10) AUTHORITY
10.1. Both parties warrant and represent to the other that they have full power and authority to
enter into and perform this Agreement.
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date at the top
of this Agreement.
CITY OF EDMONDS ECOREMEDY, LLC
________________________________ ________________________________
Mike Rosen, Mayor [Name, Title]
2.4.a
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Schedule 1: Scope of Work
Biosolids Loading and Characteristics
(a) Consistent with the Design-Build Contract, the Gasification System shall process Biosolids between
20-26.5% solids at a loading rate up to 656 dry-pounds per hour with the designed evaporation rate of
the Gasification System expressed as 656 dry-pounds per hour at 26.5% TS.
(b) Client will optimize Biosolids blend to the extent possible based on influent flow characteristics.
Client will keep Operator apprised of this information.
(c) Consistent with its historical operating procedures, Client will continue to dose polymer as part of its
sludge dewatering process at a rate no greater than 30 pounds per dry ton of sludge.
(d) Nothing herein is intended to limit the Operator from processing at a rate greater than the designed
evaporation rate to the extent the Gasification System capabilities allow for it without damage.
(e) Under certain circumstances, the Facility operation conditions may result in Biosolids outside of the
20-26.5% solids range exceeding the designed evaporation rate of the Gasification System. In such
situations, the Operator will work with Client to attempt to process the Biosolids in the Gasification
System. However, to the extent the Gasification System cannot process the Biosolids at the necessary
rate and Biosolids Hauling is required, Operator will not be responsible for the Biosolids Hauling
costs.
Staffing
(a) Operator will provide staffing necessary to maintain Gasification System operations at a loading rate
necessary to meet Client’s WWTP demand and ensure that no Biosolids Hauling is necessary.
(b) At a minimum, Operator will staff four (4) experienced operators to serve as lead operators for the
Gasification System.
(c) The four Operator personnel will either be onsite simultaneously or will be placed in a weekly rotation.
Operator shall prepare and submit a schedule for approval by Client.
(d) Operator will provide executive oversight with periodic site visits as necessary by Brad Morgan and/or
Dave Mooney, as well as other corporate leadership.
(e) In addition to normal Gasification System operations, Operator shall provide maintenance staff as
necessary to properly maintain the Gasification System and train City staff to do the same.
Maintenance services may be performed during system operation or scheduled system downtime
(weekends).
Client Facilities
(a) Operator personnel will be allowed use of the following Facilities: 1) kitchen including microwave,
oven, and assigned refrigerator are available for use during breaks and meals (dishes, small appliances
and other property of Client staff are not available for Operator use); 2) water fountain; 3) Restroom
610 in shop area (Client will provide custodial services for this restroom); 4) Maintenance shop office
will be made available as an Operator work space.
(b) When using Client Facilities, Operator personnel are expected to clean up after themselves daily.
(c) Operator personnel shall not use any Facilities not specifically identified in Item (a) above. Exceptions
may be made in the case of an Emergency Event or as otherwise approved by the client.
(d) Operator shall not access the Facilities when Client staff is not present.
(e) Operator shall not use Client’s heavy equipment such as forklifts or other large items. If Operator
2.4.a
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determines that such equipment is necessary, Operator will coordinate with Client.
Operations Services
(a) Operator shall operate Gasification System in a manner to process Biosolids at a loading rate necessary
to meet Client demand. Client shall coordinate necessary loading rates and relevant data with Operator.
(b) Operator shall operate the Gasification System in a manner to meet all applicable Client Permit
requirements and Applicable Law.
Maintenance Services
(a) Operator shall provide labor to perform Routine Preventive Maintenance and Corrective Maintenance
in accordance with Operator’s experience, acceptable industry practice, manufacturer’s specifications,
and approved operating and maintenance procedures developed for the equipment and processes of the
Gasification System;
(b) Client and operator shall collaborate to develop asset management tracking system for the Gasification
System components.
O&M Expenses
(a) Operator will provide labor and tools necessary for proper performance under this Agreement.
(b) Client to provide bulk process chemicals (i.e. caustic soda, sodium hypochlorite).
(c) Client to provide Consumables necessary for operations and Routine Preventative Maintenance.
(d) Expenses associated with Corrective Maintenance or other significant repairs shall be managed under
the Design-Build Contract Warranty. Operator shall be responsible for all Corrective Maintenance
costs necessitated by its own acts or omissions under this Agreement.
Extended Training
(a) The Design-Build Contract includes training requirements. This O&M contract is not intended to
change the requirements under the Design-Build Contract but rather is to provide extended training
services.
(b) The extended training is expected to include: 1) refinement of Client operator knowledge; 2) training
during abnormal operating conditions; 3) assistance to the Client with development / modification of
standard operating procedures (“SOPs”) as deemed necessary during performance of this Agreement.
(c) The Operator will also train Client maintenance personnel on Routine Preventive Maintenance and
Corrective Maintenance duties.
(d) Operator will train its employees at its own expense and without interference of performance under
this Agreement.
Design-Build Contract Warranty
(a) This Agreement is anticipated to take place during the warranty period under the Design-Build
Contract.
(b) If a potential warranty issue arises, Operator shall immediately notify Client of the potential issue.
Client shall subsequently notify DES and Ameresco under the Design-Build Contract. Operator shall
be responsible for all costs associated with its failure to notify Client of potential warranty issues.
2.4.a
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Spare Parts
(a) Client is currently in the process of reviewing and procuring the items included in the spare parts list
provided by Ecoremedy. Under this Agreement, Client and Operator will work to refine the necessary
spare parts to stock. Products subject to the Design-Build Project warranty provision shall not be
provided by the Client under this Agreement.
(b) Operator will gift Client the second HMI station currently used on the material handling floor of the
biosolids gasification and drying facility.
Records and Reporting
(a) Operator shall maintain necessary records of operation, including documentation for Client’s CMMS
of maintenance, daily O&M logs, repair and improvement activities for the Gasification System and
shall prepare and submit to the Client a monthly report, delivered to the Client the following month,
including a narrative and summary of operations, maintenance, repair and replacement activities,
expenses, and data required for monthly reporting to local, state, and federal agencies.
(b) Operator will complete operations rounds sheets during each shift. The operator rounds sheets were
developed as part of the Design-Build Contract.
(c) Operator will prepare daily O&M logs including: staff members on shift, process changes, sampling
data, maintenance performed, corrective work / repairs completed, CLASS A or other addition. Daily
O&M log will remain in the Facility and available for Client review.
(d) Operator will provide monthly O&M reports including: operating hour trend data; hourly loading rate,
major issues encountered, corrective action taken and root cause analysis, changes planned for future
operation, ADDING CLASS A or other materials, special operating procedures. Upon commencement
of this Agreement, Operator shall submit sample monthly report for Client review and approval. O&M
reports shall be submitted to Client within one (1) week of the conclusion of a monthly period.
(e) Operator shall work with Client and provide necessary data to develop required air emissions reports
for PSCAA.
(f) After contract completion or termination Operator shall perform a final inspection of the Gasification
System equipment. Operator shall notify and schedule inspection with Client at least seven (7) days
prior to inspection. Within thirty (30) days of final inspection, Operator shall provide the Client with
a written equipment condition assessment report of critical electrical and mechanical equipment for
the Gasification System.
Health and Safety
(a) Client will provide a safe and healthy work environment for Operator personnel, subcontractors, and
visitors, consistent with its existing policies and procedures.
(b) Operator shall perform all services under this Agreement in accordance with health and safety
procedures required by Client and Applicable Law.
Other
(a) Operator personnel shall have authority over the operations of the Gasification System. Client will not
overrule Operator with regards to the Gasification System operation provided it does not impact other
Client Facility operations. Client is ultimately responsible for overall Facility operations and
associated permits, and therefore has authority to overrule Operator to the extent it is necessary for
overall Facility operations.
(b) Operator may host tours if scheduled in advance and approved by Client provided it does not interfere
2.4.a
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with any requirement of this Agreement or with other Client operations.
(c) Operator may import dried Class A biosolids from other municipalities to demonstrate the Ecoremedy
gasification process on biosolids generated by other municipalities, provided: 1) Operator notifies and
schedules the demonstration with Client at least 14 days in advance; 2) it does not adversely affect
Gasification System or Client operations; 3) Operator does violate any health and safety procedures in
doing so. To the extent such demonstrations adversely affect performance of this Agreement and / or
Facility operations, they shall be discontinued immediately.
Designated Representatives
(a) Client’s Designated Representative is Ross Hahn or designee. If Mr. Hahn is unavailable the
Designated Representative will be the Client’s Public Works and Utilities Director.
(b) Operator’s Designated Representative is Brad Morgan or designee.
2.4.a
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Schedule 2: Definitions
“Applicable Law” means laws, rules, regulations, codes, administrative and judicial orders, directives,
guidelines, judgments, rulings, interpretations or similar requirements or actions of any federal, state, local
government, agency or executive or administrative body of any of the above, in each case that relate to, but are
not limited to, the (a) parties’ respective responsibilities under this Agreement; (b) operation or maintenance of
the Facilities; (c) health and welfare of individuals working at or visiting the Facilities; (d) the collection,
delivery and treatment of the Client’s raw and finished water; and (e) health and welfare of Client’s users or
customers.
“Base Fee” means the monthly lump sum of $149,000 to be paid by the Client to the Operator as compensation
for the services described herein.
“Biosolids” means the dewatered sludge exiting the Facility screw presses.
“Biosolids Hauling” means Biosolids which are not treated by the Gasification System and instead are loaded into
trucks and hauled offsite for disposal. Biosolids Hauling occurs when the Gasification System is not functional or
is not processing at a rate sufficient to meet the Client demand.
“Client’s Permit(s)” and/or “Permit(s)” means all permits and licenses issued to Client and required for the
treatment of wastewater and biosolids from the Facilities.
“Consumables” means wearable items including but not limited to oil, grease, gaskets, chemicals, water,
electricity, natural gas, activated carbon, filters, drive belts, other small wearable items, and the like.
Consumables does not include major items such as the gasifier belt assembly, equipment, motors, and the like,
which shall be covered under the Design-Build Contract warranty.
“Corrective Maintenance” is defined as maintenance work which involves the repair or replacement of
components which are failing or have failed. These are tasks that required a trained maintenance technician using
a variety of tools including specialized tools.
“Design-Build Contract” means the contract documents entered into by and between the Washington State
Department of Enterprise Services (“DES”), the City of Edmonds, and Ameresco, Inc. to design and build a
new Gasification System to replace the existing incineration system for biosolids treatment for the City of
Edmonds’ Wastewater Treatment Plant Phase 6 Carbon Recovery Project. The Design-Build Contract consists
of the following documents: Ameresco Energy Services Proposal dated May 28, 2020, ESCO Construction
Contract No. 2020-793 G (1-1), Energy Services Authorization No. 2020-793 A (1), Measurement &
Verification Authorization No. 2020-793 B (2), and the ESPC General Conditions dated July 1, 2019.
“Designated Representative” means the individual designated by the Client and Operator who is responsible
for management and performance of this Agreement. All notices, requests, or questions regarding significant
issues or operational decisions shall be directed to the Designated Representative.
“Emergency Event” means an event which threatens the immediate shutdown of, or the substantial reduction
in the operational capacity of, any of the Facilities and/or Gasification System, or the life, health or property of
Client, its agents, employees, customers or users, and/or Operator, their employees and/or agents or others.
“End-Product” means the final product produced by the Gasification System and deposited into the dumpster
in the disposal room.
“Facilities” means the entirety of the Client’s Wastewater Treatment Plant, including but not limited to all
process, maintenance, and administrative buildings and equipment; excluding the Gasification System as
defined in Schedule 2.
2.4.a
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Page 13
“Force Majeure” means an event which is beyond the reasonable control of a party, including without
limitation: (a) acts of God; (b) flood, fire, earthquake, hurricane or explosion; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law;
(e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other
industrial disturbances, other than those involving the affected parties’ employees; (i) shortage of adequate
power or transportation facilities.
“Gasification System” means the complete system designed, furnished, and installed under the Design-Build
Contract; excluding the headworks equipment and Bioair EcoPure EP10283 Reactor. The Schwing Pump and
HPU (purchased by the City) were installed as part of the Gasification System under the Design-Build Contract
but will remain under Client operations for the purposes of this Agreement.
“Routine Preventive Maintenance” is defined as inspections and adjustments performed on equipment at
regular intervals. Included are daily, weekly, monthly, quarterly, semi-annual, etc. inspections during which
minor maintenance tasks such as lubrication, adjustments, filter replacement, calibrations, and cleaning
are carried out.
2.4.a
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Schedule 3: Damages Liability Agreement
Client Damages Liability. The Client shall be solely responsible for the following damages:
• Hauling costs due to lack of spare parts as referenced in Schedule 1 (per Ecoremedy list dated
July 16, 2024 and attached to this Agreement or as hereafter mutually agreed in writing) and/or
Consumables as defined in Schedule 2.
• Hauling costs due to issues outside of Operator control such as hazardous / flammable substances
in influent loading.
Operator Damages Liability. The Operator shall be solely responsible for the following damages caused
by its operational or maintenance errors, omissions, negligence, or intentional misconduct, as set forth in
Section 6.1:
• Capital costs relating to equipment repairs.
• Hauling costs relating to equipment repairs; provided, the Client shall be responsible for damages
incurred due to lead time for procuring spare parts per the Ecoremedy spare parts list referenced
above and the Operator shall be responsible for damages incurred due to lead time for procuring
parts not included in the spare parts list. The Operator will utilize spare parts provided by the
Client to remedy the interruption and shall be responsible for replacing the spare part(s).
Design-Build Contract Damages Liability. The Design-Build Contract shall cover the following damages:
• Capital costs due to equipment failures subject to the design-build project warranty.
• Hauling costs due to equipment failures subject to the design-build project warranty.
To expedite repairs, the Client will fund initial repairs and seek recovery under the Design-Build
Contract warranty.
2.4.a
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