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2026-03-03 Council PacketEdmonds City Council Agenda March 03, 2026 Page 1 Agenda Edmonds City Council Regular Meeting Council Chambers 250 5TH AVE NORTH, EDMONDS, WA 98020 ZOOM: HTTPS://ZOOM.US/J/95798484261 PHONE: +1 253 215 8782 MEETING ID: 957 9848 4261 MARCH 03, 2026, 6:00 PM 1. CALL TO ORDER / FLAG SALUTE 2. LAND ACKNOWLEDGMENT We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. 3. ROLL CALL 4. APPROVAL OF THE AGENDA 5. PRESENTATIONS 1. Mayor's Finance Update – Mayor’s Office (5 minutes) 2. Hearing Examiner Annual Report Only One Reading Required – Planning and Development Services (15 minutes) 6. AUDIENCE COMMENTS This is an opportunity to comment regarding any matter not listed on the agenda as closed record review or as a public hearing. Speakers are limited to three minutes. Please state clearly your name and city of residence. If attending via Zoom, raise a virtual hand to be recognized. If using a phone to dial in, press *9 to raise a hand. When prompted, press *6 to unmute. 7. RECEIVED FOR FILING 1. Claim for Damages for filing 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of City Council Meeting Minutes Only One Reading Required 2. Approval of claim checks and wire payment. Only One Reading Required Edmonds City Council Agenda March 03, 2026 Page 2 3. Ordinance Amending Authorized Employee Positions Second Reading 9. PUBLIC HEARING 1. Public Hearing on moratorium on development in the Deer Creek Critical Aquifer Recharge Area (CARA) Third Reading – Planning and Development Services (30 minutes) 10. COUNCIL BUSINESS 1. Update on the City of Lynnwood Wastewater Treatment Plant Upgrade Only One Reading Required – Public Works and Utilities (60 minutes) 2. Award Construction Contract to build an Odor Control Enclosure and Air Scrubber Second Reading – Public Works and Utilities (15 minutes) 11. COUNCIL COMMENTS 12. MAYOR'S COMMENTS 13. EXECUTIVE SESSION 1. Executive Session Pursuant to RCW 42.30.110(1)(i) to Discuss with Legal Counsel Representing the Agency Litigation or Potential Litigation – City Council Office (30 minutes) 14. RECONVENE IN OPEN SESSION ADJOURNMENT For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability. City Council Agenda Item 5.1 March 3, 2026 - Regular Meeting TITLE:Hearing Examiner Annual Report (Only One Reading Required) DEPARTMENT:Planning and Development Services PRESENTER:Phil Olbrechts NEEDED FROM COUNCIL:Informational RECOMMENDATION:None BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):0 ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: The City uses a contracted hearing examiner to review and make quasi-judicial decisions on Type III-A and III-B land use applications and appeals of Type II-A and II-B land use applications, as identified in ECDC Table 20.01.003(B). Per ECC 10.35.010(G), "every year during the first quarter, the hearing examiner shall prepare and present an oral and written report to the city council outlining the actions of the hearing examiner during the preceding calendar year," the purpose of which is "to enable the city council and the hearing examiner to coordinate land use policy and philosophy." Phil Olbrechts, the City’s Hearing Examiner, will provide a summary of his work for the City in 2025. CONTEXT, ANALYSIS, & ALTERNATIVES: None RECOMMENDATION: None BUDGET IMPACTS: None ITEM HISTORY: None ADDITIONAL INFORMATION: ATTACHMENTS: 2025 Annual Report   Item 5.1       Packet pg. 3/125 MEMORANDUM DATE: February 25, 2026 TO: Edmonds City Council FROM: Phil A. Olbrechts – Hearing Examiner RE: 2025 Annual Report SUMMARY: Seven hearing examiner decisions have been issued since the last annual report to the City Council issued in March, 2025. The Bernhoft SEPA appeal revolved in March, 2025 was the longest and most complex hearing held in Edmonds for at least the last 15 years. It involved the environmental impacts of continued maintenance of the Perrinville Creek bypass at 8229 Talbot Road. The second most significant hearing involved an appeal of a $102,245.00 fine for illegal removal of a single Douglas Fir tree. The remaining decisions addressed a couple preliminary plats, an appeal of a Notice of Violation for unauthorized construction and two conditional use permits. The decisions below are summarized in reverse chronological order. NOV Appeal Redelfs (2/14/26): Mr. Redelfs was cited with an NOV for cutting down a 33.25 inch diameter Douglas Fir without a permit. The NOV assessed a total fine of $102,245.00. against Mr. Redelfs and the contractor that removed the tree. Mr. Redelfs’ fine was reduced to $20,000. Mr. Redelfs’ fine was reduced by an extraordinary amount. There was good reason for doing so. Mr. Redelfs derived no economic benefit from the removal of the Douglas Fir. Tree fines often have to be relatively high to remove any economic incentive to have them illegally removed. Tree removal for improving views, for example, can result in hundreds of thousands of dollars in increased property value. In this case it is uncontested that removal of the tree doesn’t improve upon any views. Mr. Redelfs removed the tree because he sincerely believed it was unstable and a threat to his home. The removal does result in 600 square feet of additional building area. However, that area is subject to a replanting plan and still can’t be developed. It was also significant that the removal was done in good faith with arguably reasonable ignorance of the law. The City ordinance prohibiting removal of the tree was adopted less than a month prior to the tree removal. The ordinance was an interim ordinance that didn’t amend the text of the City’s on-line municipal code. The City’s website on retention standards still identified that the type of tree removed by Mr. Redelfs was exempt from any tree removal restrictions. Mr. Redelfs also did some well-founded due diligence by relying upon a tree removal contractor. Mr. Redelfs asked the contractor if a permit was necessary to remove the tree. The contractor advised that he was a lifelong Edmonds resident and that he was aware (wrongfully) that no permit was required. The contractor also assured Mr. Redelfs that he would phone the City to verify that removal was authorized and he then failed to do so.   Item 5.1       Packet pg. 4/125 Examiner Annual Report - 2 7103 210th St. SW Unit Lot Subdivision (1/26/26): Preliminary plat application approved for six unit lots at 7103 210th St. SW. RCW 58.17.060(3) mandates that cities provide the option to subdivide dwelling units in approved residential developments, commonly used for townhomes, duplexes and cottage housing. RCW 58.17.060(3) is designed to provide for more affordable middle housing options. An unfortunate byproduct of this requirement is that preliminary plat applications are still subject to public hearings even if the development has already been approved via building permit and site plan review. This basically results in a public hearing where the decision maker has no authority to address anything of public concern because the development has already been approved. For the 7103 project, building permits and design review had already been approved for the planned six-unit multifamily building. A City resident submitted detailed concerns about conformance to tree retention standards. However, tree retention had already been addressed in the prior building permit and design review processes so the resident’s concerns could not be addressed. Boys and Girls Club Conditional Use/Variance/Design Review. (5/27/25). Permits approved for a new Boys and Girls Club located at Civic Center Playfield – 310 6th Ave. N. The conditional use was for exceeding authorized base height by five feet. The variance was to reduce the required street setback from 20 feet to 7.5 feet. The project site is located on City property leased to the Boys and Girls Club by the City. The Edmonds City Council reviewed the proposed design and directed staff to conduct permit review of the application on November 25, 2024. DNS Appeal. (3/31/25). Sustained in part an appeal of a State Environmental Policy Act (SEPA) Determination of Non-significance (DNS). This appeal contested a SEPA determination that continued maintenance of the Perrinville Creek bypass would not create any significant adverse impacts. The hearing was by far the longest examiner hearing of at least the last 15 years, spanning over about five days or portions of days of testimony. The bypass, located at 8229 Talbot Road, has been a stormwater system headache for Public Works staff for years. The bypass was designed to prevent downstream flooding but has ended up rerouting Perrinville Creek. The Appellants asserted that the bypass blocks fish passage and has resulted in the deaths of protected fish. The Appellant also asserted that the new route uses a culvert under railroad tracks that is in danger of collapse. The appeal was resolved by requiring further engineering safety analysis of the railroad culvert. There was significant engineering testimony from both sides on the stability of culvert. The SEPA rules provide that an impact can qualify as “probable” if the chance of impact is minor but the impacts itself is major. Under that balancing test, it was determined that there was a probable railroad safety impact.   Item 5.1       Packet pg. 5/125 Examiner Annual Report - 3 There were no significant impacts to salmon found. Since the only City action under review was continued maintenance of the bypass, consideration of impacts was limited to comparing salmon impacts with maintenance to salmon impacts without maintenance. Without maintenance the bypass would likely become clogged and nonfunctional, redirecting the stream somewhere along its former channel. The substantial evidence of the record established that without maintenance the redirected route would be largely composed of sheet flow that is impassable to fish. Consequently, continued maintenance was not found to create any net adverse impacts to fish. Madrona Conservation Plat (12/26/25): Preliminary plat approved for subdivision of 1.52- acre property into seven lots. The plat appears to be the first application of ECDC 20.75048, “conservation subdivision design.” This new section, adopted in 2021, authorizes the waiver of several zoning code dimensional standards in exchange for added retention of trees. 30% tree retention is required in developable areas and the Applicant proposed 60%. 50% retention overall is required to avoid paying in lieu fees and the Applicant proposed 71% overall retention. In exchange set back requirements were reduced as much as 10 feet down to 15 feet from 25 feet, lots sizes reduced to a minimum of 3,680 feet from the required minimum 8,000 square feet and lot coverage will be allowed to be less than the required 35% maximum per lot provided that total lot coverage for the entire project site still meets the RS-8 35% standard. One recurring condition imposed beyond staff recommendations was an analysis of safe walking conditions to and from school and associated mitigation. RCW 58.17.110(1) provides that a preliminary plat cannot be approved unless findings include that the proposal includes safe walking conditions to and from school. This state mandate has not been expressly incorporated into the City’s subdivision standards. City staff still address the standard by noting that the city has a Walkway Prioritization Process to prioritize sidewalk improvements. This might be sufficient to meet the state mandate. However, more can be done to ensure safe walking conditions. Numerous cities such as Auburn require developers to prepare a school walking assessment that involves working with the school district to located bus stops and identifying off- site walking conditions that can be reasonably accommodated, such as striping sidewalks or clearing shoulders. Edmonds Elementary Conditional Use (12/26/25): Approved conditional use permit to place a covered play area over an uncovered play area. The covered play area was proposed near the main school building. Although a neighbor did express some written concerns over view impacts, it was unclear if the neighbor was made aware of the actual location of the play area. Site drawings did not show any significant impact to views given the already developed environment of the project site. NOV Appeal Olejar. (12/3/25). Ms. Olejar was cited with a Notice of Violation (NOV) for constructing a boathouse and stairs along a steep slope. The City had issued a stop work order as the construction was on-going. The construction had been initiated without a building permit or a critical areas report evaluating slope stability. As a result of the appeal hearing, Ms. Olejar agreed to remove the stairs and boathouse but requested additional time to do so.   Item 5.1       Packet pg. 6/125 City Council Agenda Item 7.1 March 3, 2026 - Regular Meeting TITLE:Claim for Damages for filing (First Reading) DEPARTMENT:Finance PRESENTER:NA NEEDED FROM COUNCIL:Informational RECOMMENDATION:Acknowledge receipt of Claims for Damages for filing. BUDGET: Total Dollar Amount:NA ☐ Approved in Budget Fund(s):NA ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: A new claim for damages was received by the city. CONTEXT, ANALYSIS, & ALTERNATIVES: Aston Bailey 23632 Hwy 99 ($380.00) RECOMMENDATION: Acknowledge receipt of Claims for Damages for filing. BUDGET IMPACTS: N/A ITEM HISTORY: N/A ADDITIONAL INFORMATION: ATTACHMENTS: 1. Claim for Damages – Aston Bailey – for council   Item 7.1       Packet pg. 7/125   Item 7.1       Packet pg. 8/125   Item 7.1       Packet pg. 9/125 5 4 5 City Council Agenda Item 8.1 February 24, 2026 - Regular Meeting TITLE:Approval of City Council Meeting Minutes (Only One Reading Required) DEPARTMENT:City Clerk's Office PRESENTER:Luke Lonie, City Clerk NEEDED FROM COUNCIL:Action RECOMMENDATION:Approve the minutes of the February 23, 2026 City Council Special Meeting, the February 24, 2026 City Council Special Meeting, and the February 24, 2026 City Council Regular Meeting. BUDGET: Total Dollar Amount:N/A ☐ Approved in Budget Fund(s):N/A ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: N/A CONTEXT, ANALYSIS, & ALTERNATIVES: N/A RECOMMENDATION: Approve the minutes of the February 23, 2026 City Council Special Meeting, the February 24, 2026 City Council Special Meeting, and the February 24, 2026 City Council Regular Meeting. BUDGET IMPACTS: N/A ADDITIONAL INFORMATION: ATTACHMENTS: 1. 2026-02-23 Council Special Meeting Minutes Draft 2. 2026-02-24 Council Special Meeting Minutes Draft 3. 2026-02-24 Council Meeting Minutes Draft   Item 8.1       Packet pg. 10/125 Edmonds City Council Minutes Special Meeting February 23, 2026 Page 1 Edmonds City Council Special Meeting Action Minutes February 23, 2026 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Michelle Dotsch, Council President Chris Eck, Councilmember Will Chen, Councilmember Erika Barnett, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember STAFF PRESENT Luke Lonie, City Clerk 1.CALL TO ORDER / FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2.EXECUTIVE SESSION 1.Executive Session Pursuant to RCW 42.30.110(1)(g) Council President Dotsch announced the Council would convene in executive session to discuss the qualifications of a candidate for public employment per RCW 42.30.110(1)(g) for approximately two hours and thirty minutes. 3.RECONVENE IN OPEN SESSION The meeting reconvened in open session at Council reconvened at 2:30 pm. ADJOURNMENT The meeting was adjourned at 2:30 pm.   Item 8.1       Packet pg. 11/125 Edmonds City Council Minutes Special Meeting February 24, 2026 Page 1 Edmonds City Council Special Meeting Action Minutes February 24, 2026 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Michelle Dotsch, Council President Chris Eck, Councilmember Will Chen, Councilmember Erika Barnett, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember STAFF PRESENT Luke Lonie, City Clerk 1.CALL TO ORDER / FLAG SALUTE The Edmonds City Council meeting was called to order at 4:00 pm by Mayor Rosen in the Brackett Room, 121 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2.EXECUTIVE SESSION 1.Executive Session Pursuant to RCW 42.30.110(1)(i) Mayor Rosen announced the Council would convene in executive session to discuss pending or potential litigation per RCW 42.30.110(1)(i) for approximately Council went into Executive Session at 4:00 pm pursuant to RCW 42.30.110(1)(i). 3.RECONVENE IN OPEN SESSION The meeting reconvened in open session at 5:30 pm. ADJOURNMENT The meeting was adjourned at 5:30 pm.   Item 8.1       Packet pg. 12/125 Edmonds City Council Minutes Regular Meeting February 24, 2026 Page 1 Edmonds City Council Regular Meeting Action Minutes February 24, 2026 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Michelle Dotsch, Council President Chris Eck, Councilmember Will Chen, Councilmember Erika Barnett, Councilmember Vivian Olson, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember STAFF PRESENT Jeff Taraday, City Attorney Luke Lonie, City Clerk Deb Powers, Urban Forest Planner Mike Clugston, Planning and Development Director 1.CALL TO ORDER / FLAG SALUTE The Edmonds City Council meeting was called to order at 6:00pm by Mayor Rosen in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2.LAND ACKNOWLEDGMENT Councilmember Barnett read the City Council Land Acknowledgment. 3.ROLL CALL City Clerk Lonie called the roll. All elected officials were present. 4.APPROVAL OF THE AGENDA COUNCILMEMBER CHEN MOVED APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 5.PRESENTATION 1.Proclamation of Lunar New Year Only One Reading Required – Mayor’s Office (5 min.) Mayor Rosen read the proclamation of Lunar New Year. 2.Mayor's Finance Update – (5 minutes)   Item 8.1       Packet pg. 13/125 Edmonds City Council Minutes Regular Meeting February 24, 2026 Page 2 Mayor Rosen recognized the fleet department for their budget consciousness and cost savings. 6.AUDIENCE COMMENTS 1. Jess Grant – Expressed concerns with an event cancellation at the Edmonds Waterfront Center. 2. Jerry Masters – Expressed concern with the intention of the resolution establishing City Council priorities. 7.RECEIVED FOR FILING 1.Preliminary December 2025 Monthly Financial Report 2.Claim for Damages for filing 3.Outside Boards and Committees Reports 8.APPROVAL OF THE CONSENT AGENDA COUNCILMEMBER OLSON MOVED TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1.Approval of City Council Meeting Minutes 2.Approval of PSA for Water Comprehensive Plan Update 3.Approval of claim checks and wire payments. 4.Approval of payroll and benefit checks, direct deposit and wire payments 5.Parks Maintenance Worker Position Conversion 9.COUNCIL BUSINESS 1.2026 Tree Code Updates, Project #AMD2025-0006 – Planning and Development Services Mike Clugston, Planning and Development Director, and Deb Powers, Urban Forest Planner, presented updates to the City of Edmonds Tree Code. 2.City Council Resolution Establishing Priorities and Governance, Financial Stability, and Community Outcomes – City Council Office   Item 8.1       Packet pg. 14/125 Edmonds City Council Minutes Regular Meeting February 24, 2026 Page 3 Council President Dotsch provided an overview of the resolution to establish priorities and governance, financial stability, and community outcomes, then reviewed the four priorities developed in the resolution. COUNCIL PRESIDENT DOTSCH MOVED TO ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS ESTABLISHING CITY COUNCIL PRIORITIES, AND DECLARING ENGAGEMENT, COMMUNICATION AND TRANSPARENCY AS THE GUIDING FRAMEWORK FOR ALL PRIORITIES. COUNCILMEMBER ECK MOVED TO AMEND SECTION 4 TO ADD “TO ENHANCE LIVABILITY IN COMMERCIAL AND URBAN AREAS, AND ADVANCE LONG-TERM FINANCIAL STABILITY” FOLLOWING THE WORDS “NEIGHBORHOOD CHARACTER.” THE MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER NAND MOVED TO AMEND SECTION 3 TO ADD “WITH AN INTENT TO PURSUE OUR CITY’S DIVERSITY, EQUITY, AND INCLUSION GOALS” FOLLOWING THE WORDS “COMMUNITY BENEFIT.” THE MOTION FAILED WITH COUNCILMEMBERS NAND, PAINE, AND ECK IN SUPPORT. COUNCILMEMBER CHEN MOVED TO STRIKE THE WORDS “OUT OF CRISIS MODE” AND INSERT “TO LONG TERM FINANCIAL STABILITY.” THE MOTION FAILED WITH COUNCILMEMBER CHEN IN SUPPORT. COUNCIL PRESIDENT DOTSCH MOVED TO AMEND THE RESOLUTION TO ADD AND “INTO LONG-TERM FINANCIAL STABILITY” FOLLOWING “OUT OF CRISIS MODE.” THE MOTION CARRIED UNANIMOUSLY. THE MAIN MOTION CARRIED UNANIMOUSLY AS AMENDED. 3.Removal of Mayor's Finance Update – City Council Office Council President Dotsch outlined the lack of need for future Mayor’s Finance Update items on Council agendas. COUNCIL PRESIDENT DOTSCH MOVED TO REMOVE THE STANDING MAYOR’S FINANCE UPDATE FROM THE PRESENTATION SECTION OF EACH REGULAR MEETING AGENDA.   Item 8.1       Packet pg. 15/125 Edmonds City Council Minutes Regular Meeting February 24, 2026 Page 4 THE MOTION FAILED WITH COUNCILMEMBERS DOTSCH AND NAND IN SUPPORT. 10.COUNCIL COMMENTS Councilmembers commented on various topics. 11.MAYOR'S COMMENTS Mayor Rosen provided comments. ADJOURNMENT The meeting was adjourned at 7:51 pm.   Item 8.1       Packet pg. 16/125 City Council Agenda Item 8.2 March 3, 2026 - Regular Meeting TITLE:Approval of claim checks and wire payment. (Only One Reading Required) DEPARTMENT:Finance PRESENTER:Richard Gould NEEDED FROM COUNCIL:Action RECOMMENDATION:Approval of claim checks and wire payment. BUDGET: Total Dollar Amount:457,161.17 ☒ Approved in Budget Fund(s):various ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: Approval of claim checks #280699 – #280765 dated February 25, 2026 for $437,034.01, claim checks #280766 through #280768 dated February 26, 2026 for $12,348.05 and wire payment of $7,779.11. CONTEXT, ANALYSIS, & ALTERNATIVES: The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. RECOMMENDATION: Approval of claim checks and wire payment. BUDGET IMPACTS: $457,161.17 ITEM HISTORY: N/A ADDITIONAL INFORMATION: ATTACHMENTS: Attachment #1 – Claim checks dated February 25, 2026 Attachment #2 – Claim checks dated February 26, 2026   Item 8.2       Packet pg. 17/125   Item 8.2       Packet pg. 18/125   Item 8.2       Packet pg. 19/125   Item 8.2       Packet pg. 20/125   Item 8.2       Packet pg. 21/125   Item 8.2       Packet pg. 22/125   Item 8.2       Packet pg. 23/125   Item 8.2       Packet pg. 24/125   Item 8.2       Packet pg. 25/125   Item 8.2       Packet pg. 26/125   Item 8.2       Packet pg. 27/125   Item 8.2       Packet pg. 28/125   Item 8.2       Packet pg. 29/125 City Council Agenda Item 8.3 March 3, 2026 - Regular Meeting TITLE:Ordinance Amending Authorized Employee Positions (Second Reading) DEPARTMENT:Human Resources PRESENTER:Emily Wagener NEEDED FROM COUNCIL:Action RECOMMENDATION:Move to adopt an ordinance of the City of Edmonds, Washington, amending the City’s authorized employee positions and pay ranges and repealing ordinance 4409. BUDGET: Total Dollar Amount:n/a ☒ Approved in Budget Fund(s):n/a ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: The 2025-2026 Adopted Biennium Budget highlighted a structural imbalance in the City’s General Fund finances, leading to several previously authorized positions being unfunded for this budget cycle. This amendment is to make the following changes to the authorized positions reflecting changes approved in the 2025-2026 Adopted Biennium budget that were to occur in 2026 as well as 2026 budget modifications, in total reducing the FTEs previously approved. Human Resources Assistant – reduced by .05 FTE in 2025, return to 1.00 FTE in 2026 Commander – reduce by 1.00 FTE to allow an increase to Sergeant FTEs Sergeant – increase by 1.00 FTE Police Officer – reduce by 2.00 FTE per 2026 budget modification Arts & Cultural Services Program Manager – funded at .25 FTE in 2025, unfunded in 2026 Senior Planner – 1.00 FTE unfunded in 2025, funded in 2026 Parks Maintenance Worker – 2.00 FTE unfunded per 2026 budget modification Custodian – 1.00 FTE unfunded in 2025, funded in 2026 Lead Building Maintenance Operator – .03 FTE funded in 2025 to cover costs of out-of-class pay, increase by .03 FTE to cover 2026 SCADA Information Systems Specialist – 1.0 FTE new position in 2026 WWTP Operator – 12.00 total FTEs funded in 2025, 11.00 FTEs funded in 2026   Item 8.3       Packet pg. 30/125 CONTEXT, ANALYSIS, & ALTERNATIVES: During the preparation of the 2024 budget, the City instituted Ordinance 4336 providing the employee positions and pay ranges the Mayor is authorized to hire. This ordinance documents all positions with job descriptions approved by Council, all positions the Mayor is authorized to fill, the maximum hiring levels, and is organized by positions that are 66.6%-100% General Fund, 33.3% – 66.6% General Fund, and 0% – 33.3% General Fund. Amendments to the ordinance will document Council’s approval of the addition or reduction to positions. RECOMMENDATION: Move to adopt an ordinance of the City of Edmonds, Washington, amending the City’s authorized employee positions and pay ranges and repealing ordinance 4409. BUDGET IMPACTS: None – The ordinance is to amend the authorized positions to reflect what has been approved in budget. ITEM HISTORY: This was previously presented before the Public Safety, Planning, Human Services, and Personnel (PSPHSP) Committee on 2/17/2026. The committee agreed to schedule the Ordinance Amending Authorized Employee Positions on the consent agenda of a future City Council Meeting. At staff request, the committee agreed that the Ordinance could be amended to include the Parks and Recreation position changes from agenda memo titled Parks Maintenance Worker Position Conversion (First Reading 2/17/2026 PSPHSP Committee; Second Reading 2/24/2026 Consent Agenda). The related amendments made to the authorized positions are detailed below and do not result in an increase in overall FTE’s. Parks Maintenance Worker – Reduced by 1.00 FTE Parks Maintenance Lead Worker – Increased by 1.00 FTE ADDITIONAL INFORMATION: N/A ATTACHMENTS: Ordinance Amending Authorized Employee Positions (amended) FTE Employee List – Attachment A FTE Employee List – Attachment B   Item 8.3       Packet pg. 31/125 1 ORDINANCE NO. 4___ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES AND REPEALING ORDINANCE 4409 WHEREAS, pursuant to RCW 35A. l 1.020, "[t]he legislative body of each code city shall have power ... to define the functions, powers, and duties of its officers and employees; ..., to fix the compensation and working conditions of such officers and employees ..."; and WHEREAS, pursuant to RCW 35A.12.090, "[t]he mayor shall have the power of appointment and removal of all appointive officers and employees;" and WHEREAS, with respect to the employee positions that the mayor is authorized to hire, this ordinance, as it may be amended from time-to-time, is intended to be the controlling document; and WHEREAS, previous versions of this ordinance were adopted with Ordinances 4336, 4344, 4359, 4362, 4381, 4386, 4387, 4388, 4390, 4391, 4403, and 4409; and WHEREAS, a position that is listed in the exhibits to this ordinance while having an associated FTE count of 0.0 indicates that the position description has been approved by the city council but that the city council has not appropriated funds for the position or authorized it to be filled; and WHEREAS, the city council intends to use this ordinance to establish the number and types of employee positions, wage and salary rates and ranges for all the city's employees; and WHEREAS, with this amendment, the city council intends to make the following changes to the Full and Part-time Regular Employees list (Attachment A), 1) increase the FTE count for the Human Resources Assistant in the Human Resources Department by 0.05, from 0.95 to 1.00; 2) decrease the FTE count for the Police Commanders in the Police Department by 1.00, from 3.00 to 2.00; 3) increase the FTE count for the Sergeant in the Police Department by 1.00, from 7.00 to 8.00; 4) decrease the FTE count for the Police Officer by 2.00, from 31.00 to 29.00; 5) decrease the Arts & Cultural Services Program   Item 8.3       Packet pg. 32/125 2 Manager by 0.25, from 0.25 to 0.00; 6) increase the Senior Planner in the Planning and Development Department by 1.00, from 1.00 to 2.00; 7) increase the Parks Maintenance Lead Worker in the Parks and Recreation Department by 1.00, from 1.00 to 2.00; 8) decrease the Parks Maintenance Worker (66.6%-100% General Fund) in the Parks and Recreation Department by 3.00, from 11.00 to 8.00; 9) increase the Custodian in the Public Works Department by 1.00, from 4.00 to 5.00; 10) increase the Lead Building Maintenance Operator in the Public Works Department by 0.03, from 0.03 to 0.06; 11) add the newly approved SCADA Systems Specialist in the Information Services Department at 1.00; and 12) decrease the WWTP Operator in the Public Works Department by 1.00, from 12.00 to 11.00; and to the Full Time and Part Time Irregular Employees list (Attachment B), 1) decrease the Front Desk Receptionist in the Parks and Recreation Department by 0.14, from 0.38 to 0.24; and 2) decrease the Front Desk Receptionist in the Planning and Development Department by .05, from 0.05 to 0.00. Both employee lists are reducing the total FTEs that were previously approved; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The number and titles of authorized Full-Time Equivalent employees (FTEs), including full-time and part-time regular employees, shall be established at 250.70 FTEs, as detailed in Attachment A, which is attached hereto and incorporated herein by this reference as if set forth in full. The mayor is authorized to hire only those authorized positions shown on Attachment A and only pursuant to the salary ranges shown therein. Section 2. The number and titles of authorized Full-Time Equivalent employees (FTEs), including full-time and part-time irregular employees, shall be established at 1.68 FTEs, as detailed in Attachment B, which is attached hereto and incorporated herein by this reference as if set forth in full. It is the intention that irregular positions are not benefit eligible and/or union positions. At no time should the schedule of irregular positions into which employees are hired be such that it would cause the position to become benefit eligible or covered by a union, unless otherwise called out in a collective bargaining agreement. The mayor is authorized to hire only those authorized positions shown on Attachment B and only pursuant to the salary ranges shown therein.   Item 8.3       Packet pg. 33/125 3 Section 3. This ordinance shall apply and continue in effect until amended by subsequent ordinance of the city council. Ordinances 4409 is hereby repealed. Section 4. This ordinance, as it may be amended from time-to-time, shall be included as an exhibit to every proposed and final budget book, PROVIDED THAT the city council need not take annual action to re-adopt this ordinance unless it deems it necessary to change the number and/or titles of authorized FTEs. Section 5. This ordinance shall control in the event of any conflict between this ordinance and the final budget book or any other action of the city council purporting to authorize the hiring of employees. Nothing in this ordinance shall be construed to abrogate an existing obligation of the City of Edmonds with regard to its various collective bargaining agreements. Section 6. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: ______________________________ MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: ___________________________ CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: ____________________________ JEFF TARADAY   Item 8.3       Packet pg. 34/125 4 FILED WITH THE CITY CLERK: , 2026 PASSED BY THE CITY COUNCIL: , 2026 PUBLISHED: , 2026 EFFECTIVE DATE: , 2026 ORDINANCE NO.: 4___   Item 8.3       Packet pg. 35/125 5 SUMMARY OF ORDINANCE NO. 4____ of the City of Edmonds, Washington On the 3rd day of March, 2026, the City Council of the City of Edmonds, Washington passed Ordinance No. ____. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES AND REPEALING ORDINANCE 4409 The full text of this Ordinance will be mailed upon request. DATED this 3rd day of March, 2026. ______________________________ CITY CLERK, LUKE LONIE   Item 8.3       Packet pg. 36/125 66.6%-100% General Fund (001) funded Position FTE Approved Change Revised Approved Grade Department Council President 1.00 - 1.00 25,291 Council Council Members 6.00 - 6.00 21,076 Council Legislative/Executive Assistant 1.00 - 1.00 NR-33 Council Mayor 1.00 - 1.00 160,807 Mayor City Administrator 1.00 - 1.00 NR-47 Mayor Communications Strategist/Public Information Officer 1.00 - 1.00 NE-35 Mayor Executive Assistant to the Mayor 1.00 - 1.00 NR-34 Mayor City Clerk 1.00 - 1.00 NR-37 Mayor Deputy City Clerk 1.00 - 1.00 NE-31 Mayor Public Records Officer 1.00 - 1.00 NE-32 Mayor Public Records Assistant - - - NE-30 Mayor Human Resources Director 1.00 - 1.00 NR-44 Human Resources Senior Human Resources Analyst 1.00 - 1.00 NR-34 Human Resources Human Resources Analyst - - - NR-32 Human Resources Human Resources Assistant 0.95 0.05 1.00 NR-29 Human Resources Human Resources Manager 1.00 - 1.00 NR-40 Human Resources Judge 1.00 - 1.00 209,940 Court Court Administrator 1.00 - 1.00 NR-43 Court Assistant Court Administrator 1.00 - 1.00 NR-37 Court Lead Court Clerk 1.00 - 1.00 NE-29 Court Court Clerk 6.67 - 6.67 NE-28 Court Probation Officer 1.00 - 1.00 NE-33 - NE-34 Court Accounting Specialist 2.00 - 2.00 NE-30 - NE-31 Administrative Services Administrative Assistant 1.00 - 1.00 NE-29 - NE-30 Administrative Services Senior Office Specialist - - - NE-25 Administrative Services Police Chief 1.00 - 1.00 PD-03 Police Police Assistant Chief 1.00 - 1.00 PD-02 Police Executive Assistant Confidential II 1.00 - 1.00 NR-35 Police Executive Assistant Confidential I 1.00 - 1.00 NR-33 Police Safety & Disaster Coordinator - - - NR-34 Police Police Commanders 3.00 (1.00) 2.00 PD-01 Police Sergeant 7.00 1.00 8.00 NE-13 Police Corporal 6.00 - 6.00 NE-12 Police Police Officer 31.00 (2.00) 29.00 NE-9 - NE-11 Police Police Crime Analyst - - - NE-11 Police Animal Control/Ordinance Enforcement Officer 1.00 - 1.00 NE-10 - NE-11 Police Parking Enforcement Officer - - - NE-6 Police Police Services Assistant 4.00 - 4.00 NE-7 - NE-8 Police Property Officer/Evidence Technician 1.00 - 1.00 NE-9 Police Domestic Violence Coordinator 1.00 - 1.00 NE-10 Police Administrative Assistant 0.75 - 0.75 NE-6 Police Police Public Disclosure Specialist 1.00 - 1.00 NE-10 Police Community Engagement/Crime Prevention Coordinator 1.00 - 1.00 NE-11 Police Social Worker (LTE)1.00 1.00 NR-32 Police Attachment A - Full and Part-time Regular Employees 2026 "Regular" FTE List_26-0303 Page 1 of 4  Item 8.3       Packet pg. 37/125 66.6%-100% General Fund (001) funded Position FTE Approved Change Revised Approved Grade Department Attachment A - Full and Part-time Regular Employees Community Services & Economic Development Director - - - NR-44 Community Services & Economic Development Administrative Assistant - - - NE-29 - NE-30 Community Services & Economic Development Diversity Commission Coordinator - - - x02 Community Services & Economic Development Community Services Program Coordinator 1.00 - 1.00 NE-33 Planning & Development Arts & Cultural Services Program Manager 0.25 (0.25) - NR-35 Planning & Development Planning & Development Director 1.00 - 1.00 NR-44 Planning & Development Code Enforcement Officer 1.00 - 1.00 NE-34 Planning & Development Administrative Assistant 1.40 - 1.40 NE-29 - NE-30 Planning & Development Building Official 1.00 - 1.00 NR-39 Planning & Development Plans Examiner 2.00 - 2.00 NE-34 - NE-35 Planning & Development Permit Program Manager 1.00 - 1.00 NR-32 Planning & Development Combination Building Inspector 1.00 - 1.00 NE-33 - NE-35 Planning & Development Permit Coordinator 2.00 - 2.00 NE-29 - NE-31 Planning & Development Building Inspector 1.00 - 1.00 NE-33 Planning & Development Planning Manager 1.00 - 1.00 NR-40 Planning & Development Senior Planner 1.00 1.00 2.00 NR-35 Planning & Development Associate Planner 2.00 - 2.00 NR-33 Planning & Development Planner - - - NR-32 Planning & Development Urban Forest Planner 1.00 - 1.00 NR-35 Planning & Development Associate Transportation Planner 1.00 - 1.00 NR-33 Planning & Development Parks, Recreation, and Human Services Director 1.00 - 1.00 NR-44 Parks & Recreation Executive Assistant 1.00 - 1.00 NE-33 Parks & Recreation Parks Maintenace Manager 1.00 - 1.00 NR-35 Parks & Recreation Parks Maintenace Lead Worker 1.00 1.00 2.00 N Parks & Recreation Parks Maintenance Worker 11.00 (3.00) 8.00 I - J Parks & Recreation Seasonal Parks Maintenance Laborer - - - B Parks & Recreation Field Arborist 1.00 - 1.00 J Parks & Recreation Parks Maintenance Mechanic 1.00 - 1.00 K Parks & Recreation Deputy Parks & Recreation Services Director 1.00 - 1.00 NR-41 Parks & Recreation Recreation Supervisor 1.00 - 1.00 NR-35 Parks & Recreation Recreation Coordinator 2.00 - 2.00 NE-33 Parks & Recreation Environmental Education & Sustainability Coordinator 0.50 - 0.50 NE-34 Parks & Recreation Senior Office Specialist 1.00 - 1.00 NE-25 Parks & Recreation Program Assistant - - - NE-27 Parks & Recreation Recreation Leader - - - NE-23 Parks & Recreation Interpretive Specialist - - - NE-23 Parks & Recreation Youth Commission Coordinator - - - H13 Parks & Recreation Human Services Program Manager 1.00 - 1.00 NE-36 Parks & Recreation Front Desk Receptionist 0.50 - 0.50 NE-21 Parks & Recreation Facilities Manager 1.00 - 1.00 NR-38 Public Works Lead Custodian 1.00 - 1.00 H Public Works Custodian 4.00 1.00 5.00 D - E Public Works City Electrician 1.00 - 1.00 N Public Works Lead Building Maintenance Operator 0.03 0.03 0.06 M Public Works 2026 "Regular" FTE List_26-0303 Page 2 of 4  Item 8.3       Packet pg. 38/125 66.6%-100% General Fund (001) funded Position FTE Approved Change Revised Approved Grade Department Attachment A - Full and Part-time Regular Employees Building Maintenance Operator 3.00 - 3.00 J Public Works Total FTE count 66.6%-100% General Fund (001) funded 148.05 (2.17) 145.88 33.3%-66.6% General Fund (001) funded Position FTE Approved Change Revised Approved Grade Department Accountant 3.00 - 3.00 NE-36 - NE-37 Administrative Services Finance Director 1.00 - 1.00 NR-44 Administrative Services Deputy Administrative Services Director - - - NR-41 Administrative Services Public Works Director 1.00 - 1.00 NR-45 Public Works Executive Assistant 1.00 - 1.00 NE-33 Public Works Total FTE count 33.3%-66.6% General Fund (001) funded 6.00 - 6.00 0%-33.3% General Fund (001) funded Position FTE Approved Change Revised Approved Grade Department Accountant 1.00 - 1.00 NE-36 - NE-37 Administrative Services Accounting Specialist 2.00 - 2.00 NE-30 - NE-31 Administrative Services Information Services Manager 1.00 - 1.00 NR-41 Information Services Information Systems Specialist 1.00 - 1.00 NE-35 - NE-36 Information Services GIS Analyst 1.00 - 1.00 NE-35 - NE-36 Information Services Systems Support Technician 2.00 - 2.00 NE-32 Information Services Web Systems Analyst - - - NE-33 Information Services SCADA Systems Specialist - 1.00 1.00 New Position Information Services Park Planner and Capital Projects Manager 1.00 - 1.00 NR-36 Parks & Recreation Cemetery Sexton 1.00 - 1.00 L Parks & Recreation Parks Maintenance Worker 2.00 - 2.00 I - J Parks & Recreation Seasonal Parks Maintenance Laborer 2.32 - 2.32 B Parks & Recreation Cultural Arts Program Specialist 1.00 - 1.00 NE-29 Planning & Development Administrative Assistant 1.00 - 1.00 NE-29 - NE-30 Public Works Deputy Director of Public Works & Utilities/City Engineer 1.00 - 1.00 NR-43 Public Works Administrative Assistant 1.00 - 1.00 NE-29 - NE-30 Public Works Capital Projects Manager 5.00 - 5.00 NR-36 Public Works Transportation Engineer 1.00 - 1.00 NR-39 Public Works Senior Construction Inspector 1.00 - 1.00 NE-35 Public Works Senior Utilities Engineer 1.00 - 1.00 NR-41 Public Works Stormwater Engineer 1.00 - 1.00 NR-38 Public Works Stormwater Technician 1.00 - 1.00 NE-32 - NE-33 Public Works Associate Engineer 1.00 - 1.00 NR-33 Public Works Engineering Program Manager II 1.00 - 1.00 NR-38 Public Works Engineering Technician 4.00 - 4.00 NE-30 - NE-34 Public Works Permit Coordinator 0.50 - 0.50 NE-29 - NE-31 Public Works Public Works Record Administrator 1.00 - 1.00 NE-29 Public Works 2026 "Regular" FTE List_26-0303 Page 3 of 4  Item 8.3       Packet pg. 39/125 66.6%-100% General Fund (001) funded Position FTE Approved Change Revised Approved Grade Department Attachment A - Full and Part-time Regular Employees Utility Locator 1.00 - 1.00 New, No Grade available Public Works Sewer Maintenance/GIS Worker 1.00 - 1.00 New, No Grade available Public Works Environmental Program Specialist 1.00 - 1.00 NR-33 Public Works Street/Storm Manager 1.00 - 1.00 NR-40 Public Works Stormwater Maintenance Lead Worker 1.00 - 1.00 N Public Works Senior Storm GIS Technician/Maintenance Worker 1.00 - 1.00 K Public Works Storm Maintenance Worker 6.00 - 6.00 I - J Public Works Street Maintenance Lead Worker 1.00 - 1.00 N Public Works Traffic Control Technician 1.00 - 1.00 L Public Works Senior Street Maintenance Worker-Cement Finisher 2.00 - 2.00 K Public Works Street/Storm Maintenance Worker 5.00 - 5.00 I - J Public Works Water/Sewer Manager 1.00 - 1.00 NR-40 Public Works Water Maintenance Lead Worker 1.00 - 1.00 N Public Works Water Maintenance Worker 5.00 - 5.00 I - J Public Works Water Meter Reader 2.00 - 2.00 E - F Public Works Water Quality Control Technician 1.00 - 1.00 L Public Works Sewer Maintenance Lead Worker 1.00 - 1.00 N Public Works Sewer Maintenance Worker 6.00 - 6.00 I - K Public Works Asset/Project Management Specialist 1.00 - 1.00 NR-36 Public Works WWTP Manager 1.00 - 1.00 NR-41 Public Works Office Coordinator 1.00 - 1.00 NE-30 Public Works WWTP Pre-Treatment Technician 1.00 - 1.00 K Public Works WWTP Water Quality Analyst 1.00 - 1.00 N Public Works WWTP Instrument Technician/Plant Electrician 1.00 - 1.00 L - N Public Works WWTP Plant Supervisor 1.00 - 1.00 NR-37 Public Works WWTP Operator 12.00 (1.00) 11.00 J-N Public Works WWTP Maintenance Mechanic 2.00 - 2.00 J -N Public Works Fleet Manager 1.00 - 1.00 NR-37 Public Works Fleet Mechanic 3.00 - 3.00 K - M Public Works Total FTE count 0%-33.3% General Fund (001) funded 98.82 - 98.82 Total All City "Regular" FTE Count 0%-100% General Fund (001) funded 252.87 (2.17) 250.70 2026 "Regular" FTE List_26-0303 Page 4 of 4  Item 8.3       Packet pg. 40/125 Department Title Pay Grade # of FTE's approved Change Revised Approved Parks Facility Attendant H-06 0.40 - 0.40 Parks Front Desk Receptionist H-08 0.38 (0.14) 0.24 Parks Day Camp Assistant H-07 0.75 - 0.75 Parks Ranger Naturalist H-09 - - - Planning and Development Front Desk Receptionist H-08 0.05 (0.05) - Engineering Engineering Intern H-09 - - - Public Works Seasonal Street Department Laborer H-08 - - - General/Non-Specified Temporary Officer Worker H-07 - - - General/Non-Specified Intern H-09 - - - General/Non-Specified Temporary Project Specialist H-16 - - - Information Services Audio Visual Assistant H-13 - - - Municipal Court Pro Tem Judge H-21 0.29 - 0.29 1.87 (0.19) 1.68 AƩachment B - Full Time and Part Time Irregular Employees 2026 "Irregular" FTEs_26-0303  Item 8.3       Packet pg. 41/125 City Council Agenda Item 9.1 March 3, 2026 - Regular Meeting TITLE:Public Hearing on moratorium on development in the Deer Creek Critical Aquifer Recharge Area (CARA) (Third Reading) DEPARTMENT:Planning and Development Services PRESENTER:Mike Clugston NEEDED FROM COUNCIL:Action RECOMMENDATION:Take public testimony. Unless significant new information is provided which would trigger reconsideration of the moratorium, retain the six- month moratorium in Ordinance 4430 and direct the city attorney to draft findings of fact for retention for Council adoption on March 10, 2026. BUDGET: Total Dollar Amount:0 ☐ Approved in Budget Fund(s):0 ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: On February 10, 2026, City Council adopted Ordinance 4430, which established a six-month moratorium on the acceptance of permit applications that would trigger stormwater management requirements within the Deer Creek Critical Aquifer Recharge Area (CARA). Consistent with Section 4 of the ordinance, a public hearing on the moratorium was to be scheduled on March 3, 2026. No later than the next regular city council meeting immediately following the public hearing, the city council must adopt findings of fact about moratorium and either justify its continued imposition or cancel the moratorium. CONTEXT, ANALYSIS, & ALTERNATIVES: CONTEXT The amendments to the City’s Critical Areas Ordinance (CAO) adopted by City Council on January 6, 2026 included new CARA provisions that effectively prohibit stormwater infiltration within the Deer Creek CARA. Because infiltration is currently the only feasible method of stormwater management in this basin, staff determined there is no clear pathway for approval of certain types of development applications under the current regulatory framework. The moratorium provides interim regulatory clarity while the City completes technical analysis and considers longer-term policy solutions. The Deer Creek CARA is a closed hydrologic basin where stormwater either infiltrates into the ground or evaporates. Infiltration has historically been required and, in fact, relied upon to maintain aquifer recharge. At the same time, emerging concerns regarding PFAS and groundwater protection have prompted the City to initiate a focused PFAS study to inform future regulatory decisions using best   Item 9.1       Packet pg. 42/125 available science. Prior to adoption of the updated CAO, staff identified that the proposed CARA language would effectively prohibit all forms of stormwater infiltration within the Deer Creek CARA, including systems that meet state underground injection control (UIC) and non-endangerment standards. Given the absence of identified alternative stormwater management methods for this area, staff does not currently see a viable approval pathway for development proposals that trigger stormwater requirements. PURPOSE Effective February 18, 2026, the moratorium has temporarily suspended acceptance of permit applications that would trigger stormwater management requirements within the Deer Creek CARA. The six-month pause will provide time to: • Complete the Deer Creek stormwater/PFAS study; • Evaluate whether feasible stormwater management alternatives exist for this area; • Consider potential amendments to CARA and/or stormwater regulations informed by the completed scientific analysis; and • Avoid processing futile applications. ALTERNATIVES Alternative 1 – Retain the Moratorium (Staff Recommendation) • Pros: Provides regulatory clarity over the short term; prevents owners from paying permit fees when there is no feasible approval pathway; allows future decisions to be informed by completed scientific study; consistent with precautionary approach that motivated the adoption of the CARA regulations, while avoiding premature permanent regulation. • Cons: Moratoria can be controversial and carry inherent, albeit modest, legal and policy risks. Alternative 2 – Cancel the Moratorium • Pros: Avoids controversy and other modest risks associated with moratoria. • Cons: Leaves applicants and staff without a clear approval pathway for projects triggering stormwater requirements, while still incurring permit fee costs; increases legal and procedural risk associated with permit denial; wastes staff time processing futile applications. RECOMMENDATION: I move to retain the six-month moratorium in Ordinance 4430 and direct the city attorney to draft findings of fact for retention for Council adoption on consent on March 10, 2026. BUDGET IMPACTS: No immediate budget reallocation is required. However, adoption of the moratorium will result in a temporary loss of revenue associated with development activity within the Deer Creek CARA, including permit fees, plan review fees, impact fees, and other development-related charges that would otherwise be collected during the moratorium period. That said, the adoption of the Critical Areas Ordinance with the CARA amendments has already affected the feasibility of development proposals within the Deer Creek CARA. As a result, revenue impacts   Item 9.1       Packet pg. 43/125 related to project infeasibility would occur regardless of whether a moratorium is adopted. In this context, the moratorium serves to clarify for applicants, the public, and staff the practical effect of the adopted CARA amendments while the PFAS study is underway. In addition, a moratorium improves administrative efficiency because it reduces time spent processing futile applications. ITEM HISTORY: This topic was first discussed on February 3 and the moratorium adopted on February 10, 2026. ADDITIONAL INFORMATION: The letter in Attachment 5 was sent to property owners in the Deer Creek CARA after the moratorium went into effect on February 18, 2026. Similar information about the moratorium was added to the City’s website and to the MyBuildingPermit portal where permit applications are submitted. ATTACHMENTS: Attachment 1 – Moratorium Ordinance 4430 Attachment 2 – Deer Creek PFAS/Stormwater Study Draft Scope Attachment 3 – Stormwater Memo from Herrera Consultants Attachment 4 – February 3, 2026 Slides Attachment 5 – Letter to Property Owners in Deer Creek CARA   Item 9.1       Packet pg. 44/125 CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4430 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF ANY PERMIT APPLICATIONS WHICH WOULD REQUIRE STORMWATER MANAGEMENT WITHIN THE DEER CREEK CRITICAL AQUIFER RECHARGE AREA WHEREAS, on January 6, 2026, the Edmonds City Council adopted the periodic update to the City's critical area ordinance (CAO); and WHEREAS, the CAO included new regulations for the Deer Creek critical aquifer recharge area (CARA), which read as follows: "The use of stormwater infiltration best management practices (BMPs), including those that qualify as a Class V underground injection control well UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs) associated with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead and the Deer Creek Springs Wellhead area, including their buffers."; and WHEREAS, the effect of this language is to prohibit all forms of infiltration in the Deer Creek CARA; and WHEREAS, infiltration is presently the only feasible means of managing stormwater within the Deer Creek CARA; and WHEREAS, the city is obtaining a study that will inform recommendations based upon the best available science for managing PFAS -contaminated stormwater within a CARA; and WHEREAS, the city is evaluating whether there are any other feasible means of managing stormwater within the Deer Creek CARA; and WHEREAS, the city does not see an approval pathway for permit applicants under the regulations that are currently in effect for the Deer Creek CARA; and WHEREAS, RCW 36.70A.390 authorizes the city council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on the proposal provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the city council desires to impose a six-month moratorium on the acceptance of applications for any permit or authorization to alter land, water, vegetation, or to construct or modify any structure or improvement, and which would trigger stormwater management requirements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS:   Item 9.1       Packet pg. 45/125 Section 1. Purhosr. The purpose of this moratorium is to allow the city adequate time to complete the PFAS study relating to the Deer Creek CARA, evaluate other feasible means of managing stormwater, and, if appropriate, to draft and consider changes to the Deer Creek CARA and/or stormwater regulation in response to the findings of that study. Section 2. Moratorium lmposed. The city council hereby imposes a six-month moratorium on the acceptance of applications for any permit or authorization to alter land, water, vegetation, or to construct or modify any structure or improvement, and which would trigger stormwater management requirements. The geographic scope ofthe moratorium is limited to the Deer Creek CARA and its buffer. Section 3. Duration of Moratorium. The moratorium imposed by this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as contemplated by Section 4 herein), the moratorium shall not terminate until six (6) months after the effective date, unless it is repealed sooner. Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on a moratorium within sixty (60) days of its adoption. In this case, the hearing shall be held on March 3, 2026, unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later than the next regular city council meeting immediately following the hearing, the city council shall adopt findings of fact on the subject of this moratorium and either justify its continued imposition or cancel the moratorium. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such   Item 9.1       Packet pg. 46/125 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: i. MAYOR MIKE ROSEN ATTEST/AUTHENTICATED : 11701 A . CITY CLERK, LUKE LONIE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: 2/3/2026 PASSED BY THE CITY COUNCIL: 2/10/2026 PUBLISHED: 2/13/2026 EFFECTIVE DATE: 2/18/2026 ORDINANCE NO. 4430   Item 9.1       Packet pg. 47/125 SUMMARY OF ORDINANCE NO.4430 of the City of Edmonds, Washington On the loth day of February, 2026, the City Council of the City of Edmonds, passed Ordinance No. 4430. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF ANY PERMIT APPLICATIONS WHICH WOULD REQUIRE STORMWATER MANAGEMENT WITHIN THE DEER CREEK CRITICAL AQUIFER RECHARGE AREA The full text of this Ordinance will be mailed upon request. DATED this 10th day of February, 2026. CITY CLERK, LUKE LONIE   Item 9.1       Packet pg. 48/125 1 Scope of Work – PFAS Study in Deer Creek CARA Background The City of Edmonds has awarded funding to evaluate potential PFAS sources and pathways in the Deer Creek Critical Aquifer Recharge Area (CARA). Stormwater infiltration within this recharge zone has raised concerns regarding PFAS migration to the aquifer. As a result of that concern, the use of stormwater infiltration BMPs are now prohibited for new development within the Deer Creek Springs Wellhead area and its buffers. In alignment with terms and conditions in the settlement agreement, EA will implement a cost-conscious, technically rigorous scope to identify sources, assess transport mechanisms, and provide the City with actionable strategies for risk reduction. Objectives · Assess the presence, distribution, and profiles of PFAS within stormwater and shallow subsurface pathways influencing the Deer Creek CARA. · Identify likely sources and signatures of PFAS inputs using forensic techniques. · Provide actionable recommendations for source control and protection of the underlying CARA. Study Area The scope of work, as defined under the settlement agreement, is limited to evaluating potential PFAS contamination risks and pathways within the CARA. The study will assess existing and potential PFAS sources, stormwater conveyance and infiltration features, and runoff pathways that may contribute PFAS to the CARA, consistent with the settlement’s intent, and the City’s goal, to inform City Council decisions on CARA protections. Task 1 – Project Kickoff and Project Management · Meet with City staff to confirm project goals, key questions, schedule, and available background information. · Conduct a project kickoff meeting to align expectations, assumptions, and decision context. · Establish communication protocols, reporting cadence, and document review procedures. · Confirm budget allocations and finalize the rainwater sampling and analysis approach to maximize value within the ~$50,000 budget.   Item 9.1       Packet pg. 49/125 2 · Provide ongoing project management, coordination, and quality control to ensure timely and efficient completion of the study. Task 2 – Literature Review and Desktop Source Identification EA will conduct a targeted literature review and desktop assessment focused on identifying potential PFAS sources in and around the Deer Creek CARA, with an emphasis on residential and urban stormwater contexts. This task will not include new field sampling. Key elements include: · Review of published literature, regulatory reports, and guidance documents related to: · PFAS occurrence in urban and residential stormwater and strategies for mitigation of same. · Atmospheric deposition and rainwater as PFAS sources. · PFAS associated with building materials, infrastructure, landscaping materials, and consumer products. · Identification of potential PFAS sources relevant to residential neighborhoods and new development, including: · Roofing materials, sealants, coatings, and waterproofing products. · Pavement treatments, asphalt modifiers, and construction materials. · Playground surfaces, turf, and landscaping materials. · Household and commercial product pathways relevant to runoff. · Review of available information related to the Deer Creek CARA, including land use, development patterns, topography, potential stormwater exposure pathways, historic PFAS sampling data collected by the Edmonds School District from the Madrona School site, historic PFAS sampling data, if any, collected by the Olympic View Water & Sewer District at the Deer Creek Wellhead site, and aquifer recharge sources from outside of the Deer Creek CARA. · Preparation of a concise technical memorandum summarizing: · Likely PFAS source categories applicable to the Deer Creek CARA with concentration ratings, if available. · Key data gaps and uncertainties. · Implications for stormwater management and source control considerations. · Effective PFAS monitoring strategies. · Relative effectiveness of various strategies to protect the aquifer from PFAS contamination as compared to the current strategy of prohibiting infiltration BMPs for new development.   Item 9.1       Packet pg. 50/125 3 Task 3 – Rainwater Sampling EA will conduct a limited rainwater sampling effort to provide empirical data on PFAS inputs via precipitation. · Collect up to five (5) rainwater samples during storm events at locations coordinated with the City. · Sampling will follow PFAS best practices to minimize contamination and ensure data quality. · No passive samplers or stormwater conveyance sampling will be included under this task. · Field documentation and chain-of-custody procedures will be maintained in accordance with laboratory and QA/QC requirements. Task 4 – Laboratory Analysis · Analyze collected rainwater samples using EPA Method 537 Modified (537M) for a suite of approximately 70 PFAS compounds. · Analytical results will be used to: · Characterize PFAS occurrence and profiles in precipitation. · Compare observed PFAS signatures with those reported in the literature for atmospheric and consumer-product-related sources. · All laboratory work will follow established QA/QC protocols consistent with state and commercial laboratory standards. Task 5 – Reporting and Knowledge Transfer · Prepare a Draft and Final PFAS Study Report summarizing: · Findings from the literature review and desktop source identification. · Rainwater sampling results and PFAS profiles. · Interpretation of results in the context of PFAS sources relevant to the Deer Creek CARA. · Practical, non-prescriptive recommendations for source control, mitigation, monitoring, and stormwater management consistent with the study scope and the City’s goal of protecting the aquifer from PFAS contamination. · Participate in meetings with City staff to review findings and discuss implications. · Present results to City Council and/or Planning Board, if requested. · Provide final deliverables in PDF format.   Item 9.1       Packet pg. 51/125 4 Schedule Task Week 1 Week 2 Week 3- 7* Week 8 Week 9 Week 10 Week 11 Week 12 Task 1 Task 2 Deliverable 1 Draft Final Task 3 Task 4 Deliverable 2 Task 5 Final Report * Tentative date, pending rain events and City confirmation. Deliverables 1. Literature Review Report (draft and final) 2. Rainwater Sampling Results Report 3. Final PFAS Study Report with recommendations Budget · Budget: Not to exceed $50,000, with ~$7,000 reserved for analytical costs and ~$39,000 for labor, fieldwork, and reporting. Team Member Hourly Rate Hours Cost PM PM $250.00 20 $5,000.00 Data Manager Abbi Brown $90.00 $- PFAS Technical Lead Mahsa Modiri $215.00 42 $9,030.00 PFAS Fate and Treatment Expert Pavan Challa $165.00 130 $21,450.00 Permit Compliance Lead Matt Prasek $230.00 10 $2,300.00 Modeler Lucas Reif $180.00 $- Technical Editor Eric Brune $110.00 8 $880 Field Sampling Lead Tyler Pruett $150.00 44 $6,600.00 Field Sampler Drew Roberts $125.00 24 $3,000.00 Labor Total $42,100.00 Analytical $295.00 5 $1,475.00 ODC Markup 10% $147.50 Analytical Total $1,622.50 Grand Total $49,882.50   Item 9.1       Packet pg. 52/125 TECHNICAL MEMORANDUM cz cc _ 2 5 -08 9 5 7 -00 1 _ t m _ c a r a i n f i l t r a t i o n _ 2 0 2 6 0 2 0 5 . d o c x 2200 Sixth Avenue, Suite 1100 | Seattle, WA 98121 206.441.9080 herrerainc.com WASHINGTON | OREGON | CALIFORNIA | MONTANA | WYOMING Date: February 5, 2026 To: Andy Rheaume, City of Edmonds From: Matt Fontaine and Stacy Luell, Herrera Environmental Consultants, Inc. Subject: Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds Introduction On January 6, 2026, the Edmonds City Council passed revisions to the Community Development Code Chapter 23.10 Environmentally Critical Areas, which includes revisions to Article II. Critical Aquifer Recharge Areas (CARA code). The City of Edmonds (City) has asked Herrera Environmental Consultants (Herrera) to consider how the changes to the CARA code may affect development and stormwater management requirements in the City, as well as the types of projects that may be affected by the CARA code changes. The City has also requested a rough order-of-magnitude cost estimate for the City to perform engineering studies in each basin that would be affected by the revisions to the CARA code. The studies would define alternatives to stormwater infiltration best management practices (BMPs), such as new conveyance pipe and pump stations, that would be required to manage stormwater in areas where infiltration BMPs are prohibited. We understand that the City has undertaken a Deer Creek PFAS/CARA study that is intended to provide the best available science related to per- and polyfluoroalkyl substances (PFAS) and groundwater. This technical memorandum does not address the health risk posed by PFAS in the environment or the ability of stormwater practices to reduce PFAS in stormwater. Herrera Qualifications Founded in 1980, Herrera is a recognized expert in surface water and stormwater management in Washington. Our standout expertise in stormwater management is built on more than four decades of Puget Sound experience in stormwater research, design, policy development, science, and planning. Herrera has supported municipal stormwater management for 45 years and over 50 percent of Western Washington municipalities have chosen Herrera to support their stormwater programs, including the City of Edmonds. Herrera helped develop the City’s Storm and Surface Water Comprehensive Plan (Storm Comp Plan) in 2010 and is currently working on completing the Storm Comp Plan update. Herrera helped   Item 9.1       Packet pg. 53/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 2 February 2026 the City develop the stormwater requirements of Edmonds Community Development Code (ECDC) Chapter 18.30 and the Edmonds Stormwater Addendum. The following staff wrote this technical memorandum, and a summary of their qualifications is provided: Matt Fontaine, PE Matt Fontaine has 20 years of experience in stormwater planning, stormwater design, and stream restoration, throughout Western Washington. Matt has led a wide variety of stormwater projects for public and private clients, ranging from small technical analyses to large-scale and complex watershed planning efforts. In the past ten years, he has supported stormwater program and regulatory development for the cities of Bremerton, Edgewood, Edmonds, Federal Way, Lacey, Lynnwood, Pasco, Port Angeles, Port Orchard and Kitsap and Thurston counties. Matt also designs stormwater BMPs so he understands how regulations affect stormwater BMP design. He designed two award winning stormwater parks in Washington: the Albany Street Stormwater Loop in Rochester, which won the APWA National Project of the Year, and the Chambers Lake Regional Stormwater Facility in Lacey, which won the ACEC Best in State Silver Award. He is currently leading the capital project portion of the City’s Storm and Surface Water Comprehensive Plan Update. Stacy Luell, PE Stacy Luell, PE, QSD/QSP is a Professional Engineer in the state of California. She has 14 years of experience in MS4 Permit and water quality objective compliance, Construction General Permit compliance, Enhanced Watershed Management program support, hydrology, stormwater BMP inspections and performance evaluations, stormwater management, and surface water and BMP modeling. Stacy is currently leading various tasks for the City’s Storm and Surface Water Comprehensive Plan Update and supported development of the City’s Stormwater Management Action Plan.   Item 9.1       Packet pg. 54/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 3 February 2026 Revisions to CARA Code Edmonds Community Development Code Title 23 The adopted 2026 revision to CARA Code Chapter 23.10.420.A Regulated Activities states: The use of stormwater infiltration best management practices (BMPs), including those that qualify as a Class V underground injection control well (UIC), are prohibited for all land uses within all wellhead protection areas (WHPAs) associated with Olympic View Water and Sewer District’s (OVWSD) 228th Street Wellhead and the Deer Creek Springs Wellhead area [emphasis added], including their buffers. Prior to the revision, Chapter 23.60.030.A Regulated Activities of the CARA code already prohibited the use of infiltration BMPs in the 228th Street Wellhead Protection area. These prohibitions are new to the Deer Creek Springs Wellhead area and buffer (Deer Creek Springs CARA) with the 2026 update. It can therefore be assumed that the CARA Code now applies to the Deer Creek Springs CARA in the same manner that it applies to the 228th Street CARA, and that the same infiltration BMPs are prohibited in both areas. What does it mean to prohibit the use of infiltration BMPs? The primary change to the CARA code that is evaluated in this memorandum is the prohibition of infiltration BMPs in the Deer Creek Springs CARA. The CARA code does not provide a definition of “infiltration BMPs,” but the City’s stormwater regulations reference the 2019 Stormwater Management Manual for Western Washington (2019 Ecology Manual). The definition in Volume V of the 2019 Ecology Manual will therefore be used in this analysis: “Infiltration BMP: An infiltration BMP is typically an impoundment; such as a basin, trench, or bioretention swale whose soil may remove pollutants from stormwater. Permeable pavement is a non-impoundment type of infiltration BMP. Stormwater dry-wells receiving uncontaminated or properly treated stormwater can also be considered an infiltration BMP.” By this definition, rain gardens and rock trenches that manage runoff from roofs and driveways are also infiltration BMPs. However, 33 of the 40 permanent stormwater management BMPs included in the 2019 Ecology Manual involve infiltration—including Post Construction Soil Quality and Depth, which is required on all projects with over 2,000 square feet of new and replaced hard surface, as well as multiple Dispersion BMPs. In addition, some areas within the Deer Creek Springs CARA rely entirely on infiltration and evaporation for stormwater management. For example, in Southwest Edmonds A watershed, all stormwater infiltrates naturally or through private infiltration BMPs and City infiltration BMPs. Several of these areas already have nuisance flooding issues due to aging or undersized infiltration BMPs.   Item 9.1       Packet pg. 55/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 4 February 2026 Will infiltration BMPs be allowed with measures to minimize impacts? Multiple sections in ECDC Title 23, including ECDC 23.10.040, 23.10.250, and 23.10.420.D, outline requirements to avoid and minimize impacts to critical areas. The following excerpt from ECDC 23.10.420.D highlights some of these requirements. As adopted, the prohibition of infiltration BMPs in the CARA code makes it unclear if the “avoid, minimize, and mitigate” sequence is to be used by staff in evaluating development applications and building permits. It is also unclear whether installing stormwater treatment BMPs (or similar technologies) upstream of infiltration BMPs will be considered adequate to minimize impacts to the Deer Creek Springs CARA if they fulfill the requirement of ECDC 23.10.420.D. This evaluation has assumed that infiltration BMPs will not be allowed, even when infiltration BMPs are included in a mitigation plan that is part of a hydrogeologic report.   Item 9.1       Packet pg. 56/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 5 February 2026 Impacts of CARA Code Changes on Development Which projects will be affected by the CARA code change and how will they be affected? The CARA code is applicable to all projects that require a permit or authorization from the City. However, not all projects require stormwater management. The Deer Creek Springs CARA and buffer include primarily low density residential and related land uses with some multifamily residential, mixed use, general commercial, and neighborhood center and hubs land uses. Stormwater requirements for these projects generally increase with project size. Table 1 summarizes how the CARA code changes may affect several example projects.   Item 9.1       Packet pg. 57/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 6 February 2026 Table 1. Potential Effects of CARA Code Changes on Example Projects.a Project Sizeb Examplesc Primary Stormwater Requirementsd Effects of Revised CARA Codee Projects that do not create new or replaced hard surface or disturb the ground surface Interior remodeling, roof replacement, mechanical system replacement, No stormwater requirements None Small: Less than 2,000 square feet of new plus replaced hard surface with ground disturbing activities Small to medium residential projects will fall in this category. Examples include building additions, decks or patios, fences, adding or replacing a driveway or walkway, and building a carport, garage, or accessory dwelling unit Control pollution during construction ● Without infiltration BMPs, controlling polluted water on site may be more difficult. Builders may need to spend more money to collect and treat construction stormwater, such as piping or pumping it to the nearest storm drain or transporting it offsite. Many existing residential lots manage stormwater with infiltration BMPs. When these sites redevelop without infiltration BMPs, stormwater will flow off the site. The natural flow path (i.e., gravity flow) will either be towards neighboring properties or City streets. The cumulative impact of this runoff may cause flooding of properties and streets. Legal action between downstream and upstream property owners may become more common. Medium: Between 2,000 and 5,000 square feet of new plus replaced hard surfaces ● Medium to large residential projects such as new homes. ● Smaller non-residential projects. ● Road projects that include very little new hard surface.f All of the above plus: ● Maintain natural drainage patterns ● Use infiltration BMPs or detention vaults/pipes/tanks, if feasible All of the above plus: ● Where there is a drainage system present, a detention vault / pipe / tank will be required, which will increase the project cost relative to use of infiltration BMPs. Use of detention will also increase the volume of flow that is discharged to the downstream drainage system and water bodies. ● Where there is no drainage system present, stormwater will flow off the site un-detained. ● Uncontrolled runoff may cause more significant adverse impacts to downstream receiving waters and downgradient properties than smaller projects. Stormwater requirements prohibit significant adverse impact to downstream receiving waters and downgradient properties. Large: Over 5,000 square feet of new plus replaced hard surface area ● Many multifamily residential, mixed use, general commercial, and neighborhood center and hubs. ● Road projects that create new sidewalks or additional lanes.f All of the above plus: ● Install water quality BMPs ● Install flow control BMPs All of the above plus: ● Because water quality and flow control BMPs are below grade they need to discharge into deeper underground piping when infiltration is not allowed. In some locations, development is infeasible unless City conveyance systems are extended or pumps are used. a This table contains typical examples and is intended to illustrate the potential effects of the revised CARA code on stormwater management. Because the range of potential project types and stormwater management solutions are broad and the stormwater management requirements are extensive, this table is not intended to be comprehensive or used as a decision-making tool. b In an urban setting, creation of new and replaced hard surfaces, such as roofs and pavement, is the primary consideration when determining which stormwater requirements apply. c Examples are provided to illustrate potential scenarios and not intended to be comprehensive. d This column indicates the minimum requirements that can be expected to have the greatest influence on required stormwater BMPs and project feasibility considerations. e This list is focused on some of the primary ways development may become more difficult or cost prohibitive in the Deer Creek Springs Wellhead area and buffer because of the revised CARA code. f Thresholds for determining stormwater requirements for road projects have some differences from thresholds for parcel-based projects.   Item 9.1       Packet pg. 58/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 7 February 2026 Why does this change present a problem for residents and development? Two characteristics of the Deer Creek Springs CARA within the City limits make it challenging to meet stormwater requirements without infiltration BMPs: 1. Many of the roadways (approximately 30 percent) are not directly associated with stormwater conveyance piping to which a new or redevelopment project could easily connect. An additional 8 percent convey stormwater using ditches, which allow stormwater to infiltrate into the ground. a. Without infiltration BMPs, most developments will need to discharge stormwater to adjacent properties or the right-of-way. Since a large percentage of the right-of-way does not connect directly to a stormwater conveyance system, this discharge has the potential to cause significant adverse impacts to downgradient properties as it flows to the next nearest storm drain inlet, which would violate stormwater requirements. Additionally, the next nearest storm drain inlet and pipe network may not be appropriately sized to withstand the new increase in runoff volume. b. Water quality and flow control BMPs typically require an underground conveyance system to which they discharge, so development may be infeasible at large sites unless conveyance systems are extended or stormwater is pumped from these BMPs onto the City streets. These problems could be alleviated by replacing existing stormwater infiltration systems with conveyance throughout the Deer Creek Springs CARA . The conveyance could be constructed by City-funded or developer-funded projects. City projects could be funded by existing stormwater rate payers (i.e., fees from all properties in the City) or by establishing a district that charges an additional stormwater system improvement fee to properties in the Deer Creek Springs CARA. This issue is discussed further in the Basin Studies section. 2. The area has several closed depressions (i.e., areas where there is no natural or constructed stormwater outlet). As new development or redevelopment occurs in these areas, existing infiltration will be eliminated, and conveyance systems and pumps may be needed in each of these closed depression areas. Pumping water out of closed depressions and into adjacent drainage basins violates stormwater requirements to preserve natural drainage systems and may violate water rights laws or other regulations related to inter-basin transfers of surface water1. Conveyance and pumping are discussed further in the Basin Studies section. In contrast, the 228th Street Wellhead Protection area has stormwater conveyance piping in most streets, so the properties can manage stormwater using non-infiltrating BMPs and discharge into the stormwater drainage system. 1 Evaluation of the relationship between CARA code changes and water rights regulations is outside of the scope of this technical memorandum.   Item 9.1       Packet pg. 59/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 8 February 2026 Basin Studies Identifying new or retrofitted conveyance infrastructure necessary to manage stormwater in the absence of infiltration would require basin studies for the affected areas. A general basin study approach to lay out these new conveyance systems and evaluate impacts to existing downstream conveyance systems would include: 1. Identifying areas within the Deer Creek Springs CARA where there currently is no stormwater conveyance system or where stormwater management currently relies on infiltration BMPs; 2. Laying out and sizing proposed or retrofitted stormwater conveyance systems within identified areas (basic engineering, not 100% design); 3. Developing basin hydrologic and hydraulic models to evaluate impacts of additional stormwater runoff contributions on existing stormwater conveyance systems; 4. Identifying necessary existing conveyance system capital improvements to accommodate additional stormwater runoff contributions; 5. Developing documentation (i.e., a basin study) detailing proposed conveyance systems and necessary capital improvements, and estimated costs; and 6. Approval from State regulatory agencies and tribes. A summary of basin-specific details for each of the basin studies is outlined below. Southwest Edmonds A Basin The Southwest Edmonds A basin has the following characteristics: ● The basin is 124 acres; 93 acres are located in the City of Edmonds and the Deer Creek Springs CARA. ● Current stormwater management is 100 percent infiltration, and there is no system to convey water to a surface water body. ● The southern portion of this basin is located within the Deer Creek Springs CARA and would likely need to drain west to the City of Woodway (if infiltration is prohibited), so evaluation of impacts to the City of Woodway stormwater conveyance system would be needed. ● This study would include small portions of the Southwest Edmonds B and Puget Sound basins. The order of magnitude cost for the Southwest Edmonds A basin study is $400,000.   Item 9.1       Packet pg. 60/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 9 February 2026 Deer Creek Basin The Deer Creek basin has the following characteristics: ● The basin is 224 acres; 68 acres are located in the City of Edmonds and the Deer Creek Springs CARA. ● The basin requires evaluation of potential impacts to 0.7 mile of Deer Creek downstream of the City of Edmonds within the City of Woodway. ● Deer Creek and infrastructure in and near the stream could be adversely affected by increased flow rates and erosion, as properties in the watershed redevelop and eliminate existing infiltration systems. The order of magnitude cost for the Deer Creek basin study is $500,000. Edmonds Way Basin The Edmonds Way basin has the following characteristics: ● The basin is 873 acres; 274 acres are located in the City of Edmonds and the Deer Creek Springs CARA. ● The basin requires evaluation of 2.0 miles of conveyance pipe downstream of the Deer Creek Springs CARA. ● Existing stormwater infiltration in the southeast portion of this basin may need to drain to the Lake Ballinger basin, which would require additional evaluation to identify potential impacts and proposed solutions. The order of magnitude cost for the Edmonds Way basin is $500,000. Cost Summary The total estimated order of magnitude cost for all three basin studies (Southwest Edmonds A, Deer Creek, and Edmonds Way) is $1,400,000.   Item 9.1       Packet pg. 61/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 10 February 2026 Recommendations The analysis herein has been conducted to the extent reasonable, given the information available in the cited documents. From this analysis, Herrera makes the following recommendations: ● Clarify the definition of infiltration BMPs and the extent of their prohibition in the context of the revised CARA code. ● Clarify whether stormwater treatment BMPs (or similar technologies) upstream of infiltration BMPs will be considered adequate to minimize impacts to the Deer Creek Springs CARA if they fulfill the requirement of ECDC 23.10.420.D. ● Not allowing infiltration BMPs in the Deer Creek Springs CARA may require pumping water from one drainage basin to another. The City will need to consider the regulatory implications of this approach, such as whether these actions would violate water rights laws or other regulations related to inter-basin transfers of surface water. ● After completing the first three recommendations, determine whether prohibition of infiltration BMPs in the Deer Creek Springs CARA could be considered a taking of reasonable economic use.   Item 9.1       Packet pg. 62/125 Technical Memorandum (continued) Critical Aquifer Recharge Area Update Impacts to Stormwater Management in the City of Edmonds 11 February 2026 QC Check/Review Record Revision Date Description By (Author) Review (Technical) Review (PM) Approved (CSR) Publications 00 2/5/26 TM: CARA Update Impacts to Stormwater Management SL RD SL MF CZ   Item 9.1       Packet pg. 63/125 (Critical Aquifer Recharge Area) City Council Meeting February 3, 2026 Mike Clugston, P&D Director Draft Moratorium in Deer Creek CARA  Item 9.1       Packet pg. 64/125 2CITY OF EDMONDS Draft Deer Creek Moratorium Six-Month Moratorium on Applications that Require Stormwater Management 1 2 Staff Recommendation 3 4 Further evaluate stormwater management alternatives in the area Consider potential amendment to CARA/stormwater regs based on study, if needed Avoid processing futile applications Allow time to complete the Deer Creek PFAS study  Item 9.1       Packet pg. 65/125 3CITY OF EDMONDS Draft Deer Creek Moratorium ECDC 23.10.420.A - Stormwater New code completely prohibits stormwater from going into the ground in Deer Creek 228th Street has existing municipal stormwater infrastructure (piping off-site ok) Deer Creek does not have good stormwater infrastructure (piping off-site difficult) Without the ability to manage stormwater onsite, development/redevelopment in Deer Creek becomes difficult, if not impossible Code Issue The use of stormwater infiltration best management practices (BMPs), including those that qualify as a class V underground injection control well (UIC) are prohibited for all land uses within… the Deer Creek and the 228th Street CARAs  Item 9.1       Packet pg. 66/125 4CITY OF EDMONDS Draft Deer Creek Moratorium Per ECDC 18.30 and the 2019 Ecology Stormwater Manual: An infiltration BMP is typically an impoundment, such as a basin, trench, or bioretention swale, whose soil may remove pollutants from stormwater. Permeable pavement is a non- impoundment type of infiltration BMP. Rain gardens and rock trenches managing runoff from roofs and driveways receiving uncontaminated or properly treated stormwater are considered an infiltration BMPs. What are stormwater infiltration BMPs?  Item 9.1       Packet pg. 67/125 5CITY OF EDMONDS Draft Deer Creek Moratorium Anything that requires stormwater management… Subdivisions Building permits for mixed use, multifamily, SFRs, ADUs, additions, driveways, decks, patios –anything that involves new or replaced impervious hard surface City projects that involve stormwater management What types of projects will be hard to permit in Deer Creek?  Item 9.1       Packet pg. 68/125 6CITY OF EDMONDS Draft Deer Creek Moratorium Anything that DOES NOT require stormwater management… Interior remodels Reroofs Mechanical equipment Fences What can still be easily permitted in Deer Creek?  Item 9.1       Packet pg. 69/125 7CITY OF EDMONDS Draft Deer Creek Moratorium No, ALL stormwater infiltration BMPs are specifically prohibited in Deer Creek per ECDC 23.10.420.A A hydro report cannot recommend any other infiltration options because those would be counter to the Best Available Science used to establish the infiltration prohibition Can’t stormwater infiltration be allowed through submittal of a hydrogeological report?  Item 9.1       Packet pg. 70/125 8CITY OF EDMONDS Draft Deer Creek Moratorium Reasonable Economic Use Variance - ECDC 23.10.280 - NO Two previous approvals for vacant sites where stream/wetland buffers covered the entire project area Small footprint of new development was approved, together with compensatory mitigation (i.e. native replanting, invasive removal) Not appropriate for existing developed sites looking to expand Not appropriate for Deer Creek CARA where stormwater BMPs are prohibited Other Possible Off-Ramps? Any permit requests would fail to meet the Review Criteria in ECDC 23.10.230 and the Mitigation Requirements and Sequencing standards in ECDC 23.10.250  Item 9.1       Packet pg. 71/125 9CITY OF EDMONDS Draft Deer Creek Moratorium Notes on several Permitting webpages Whether or not a moratorium is approved, could send a letter to residents in Deer Creek notifying them of the challenges (or the applicability of the moratorium) How are residents / applicants being informed of the permitting challenges in Deer Creek?  Item 9.1       Packet pg. 72/125 10CITY OF EDMONDS Draft Deer Creek Moratorium 1 2 Alternative 1 – No Moratorium Con – No clear pathway to approval for projects needing stormwater infiltration while still incurring permit costs; increases legal and procedural risk associated with permit denial; expends staff time processing futile applications Pro - Avoids controversy and other modest risks associated with moratoria  Item 9.1       Packet pg. 73/125 11CITY OF EDMONDS Draft Deer Creek Moratorium 1 2 Alternative 2 – Adopt Six month Moratorium Con – Moratoria can be controversial and carry inherent, modest, legal and policy risks Pro - Provides regulatory clarity over the short term; prevents owners from paying permit fees when there is no feasible approval pathway; allows future decisions to be informed by completed scientific study; consistent with precautionary approach that motivated the adoption of the CARA regulations, while avoiding premature permanent regulation  Item 9.1       Packet pg. 74/125 Discussion If Council is in general support, staff can provide additional context and answer questions on or before February 10 prior to possible adoption  Item 9.1       Packet pg. 75/125 · Incorporated August 11, 1890 · Sister City – Hekinan, Japan CITY OF EDMONDS 121 5th AVENUE NORTH • EDMONDS WA 98020 (425) 771-0220 • Fax: (425) 771-0221 • www.edmondswa.gov PLANNING & DEVELOPMENT DEPARTMENT MIKE ROSEN MAYOR February 18, 2026 Subject: Important Update: Temporary 6-Month Moratorium on Certain Permits in Deer Creek CARA Dear Property Owner, The Edmonds City Council has adopted a six-month moratorium on new permit applications in the Deer Creek Critical Aquifer Recharge Area (CARA) that require stormwater management. The moratorium takes effect on or around February 18, 2026. Why is this happening? In January 2026, as part of a required periodic update to its Critical Areas Ordinance, the City Council included new provisions for the Deer Creek CARA out of an abundance of caution to protect our drinking water wells. These provisions prohibit the use of systems that allow stormwater to soak into the ground (called infiltration practices) within the Deer Creek CARA and its buffers. Per- and polyfluoroalkyl substances, or "PFAS," have not been detected in the aquifer to date (see information on the Olympic View Water and Sewer District website at www.olympicviewwater.com/pfas). Because many parts of the Deer Creek area do not have city stormwater pipes, there is often no practical way for new development to manage rainwater runoff without infiltration. The moratorium gives the City time to complete a focused study on PFAS and stormwater, explore workable alternatives, and consider science-based long-term solutions. What this means for you: On hold during the moratorium: New applications for subdivisions, new homes, accessory dwelling units (ADUs), additions, driveways, decks, patios, or any project that creates new impervious surfaces and triggers stormwater requirements. Still allowed: Interior remodels, roof replacements, mechanical equipment (like HVAC), fences, and similar projects that do not trigger stormwater requirements. If you're unsure whether your project would be affected, contact us—we'll coordinate with Engineering staff for clarification.   Item 9.1       Packet pg. 76/125 A public hearing on the moratorium will be held before the City Council on March 3, 2026. This is your opportunity to ask questions, share comments, or provide input. Speakers are limited to 3 minutes each. You may participate in person at the Council Chambers (250 5th Ave North, Edmonds) or virtually via Zoom at https://zoom.us/j/95798484261 (Meeting ID: 957 9848 4261; Phone: +1 253 215 8782). If joining via Zoom, raise your virtual hand to be recognized; if by phone, press *9 to raise your hand and *6 to unmute when called. The City is committed to protecting our community's drinking water while supporting property rights and development where feasible. We will post updates, maps, and more details on our website as they become available. For more details, including a map of the affected area, visit www.edmondswa.gov/services/permit_assistance or contact Planning and Development Services at (425) 771-0220 or brad.shipley@edmondswa.gov. Thank you for your patience as we address this important community issue. Sincerely, Brad Shipley, Planning Manager Map of the Deer Creek Critical Aquifer Recharge Area:   Item 9.1       Packet pg. 77/125 City Council Agenda Item 10.1 March 3, 2026 - Regular Meeting TITLE:Update on the City of Lynnwood Wastewater Treatment Plant Upgrade (Only One Reading Required) DEPARTMENT:Public Works and Utilities PRESENTER:Jared Bond, Lynnwood Public Works Director NEEDED FROM COUNCIL:Informational RECOMMENDATION:Receive the Lynnwood staff presentation and provide feedback. BUDGET: Total Dollar Amount:TBD ☐ Approved in Budget Fund(s):Wastewater Utility ☐ Budget Reallocation Required ☒ No Budget Impact PROBLEM/ISSUE STATEMENT: The City of Lynnwood will present to Edmonds City Council about the Lynnwood Wastewater Treatment Plant, which is located within the City of Edmonds Meadowdale neighborhood. The intent of the presentation is to provide a status update on the existing facility and plans to upgrade the plant. The project is in preliminary design with a target construction start date in 2028 and completing in 2034. The City of Lynnwood has been evaluating their plant and collection system needs since 2020. CONTEXT, ANALYSIS, & ALTERNATIVES: The City of Edmonds wastewater collection system and sewage accounts for 9-11% of the daily flows treated at the Lynnwood Wastewater Treatment Plant. The cities have shared wastewater facilites in this area of Edmonds since 1965. RECOMMENDATION: Receive the Lynnwood staff presentation and provide feedback. BUDGET IMPACTS: None at this time, however the cost of the Lynnwood Wastewater Treatment Plant Update will have a budget impact in the coming years. Staff have started working with Lynnwood staff on budgetary impacts in the future. ITEM HISTORY: First review of the Lynnwood Wastewater Treatment Plant Update Project. ADDITIONAL INFORMATION: ATTACHMENTS: City of Lynnwood Flyer of the Wastewater Treatment Plant Update   Item 10.1       Packet pg. 78/125 Lynnwood Wastewater Treatment Plant Upgrades Project Design is expected to begin in late 2026 The City of Lynnwood is investing in major upgrades to the Lynnwood Wastewater Treatment Plant to protect public health and the environment by effectively treating sewage before it returns to Puget Sound or is reused. The treatment plant was built over 60 years ago, and over the years, Lynnwood has upgraded the facility to modernize and accommodate growth. Due to the facility’s age, it needs more updates. Benefits of this necessary project include: • Improved odor control around the facility • Improved water quality, providing healthier habitat for salmon and wildlife • Reclaiming valuable resources from wastewater to reuse • Increased reliability to serve the growing populations of Lynnwood and Edmonds Currently, the team is building on previous evaluations and planning efforts and is establishing the “basis of design.” During the “basis of design” the team will look at all the work that needs to be done to upgrade the treatment plant and create a plan to design and build the upgrades. Once design starts in late 2026, there will be opportunities for community feedback. The City of Lynnwood is committed to sharing information and engaging the community throughout design and construction. Throughout 2026, you’ll see the project team out at community events and project information included in City of Lynnwood newsletters. COPYRIGHT © 2022 BHC CONSULTANTS LLC. ALL RIGHTS RESERVED This map is a geographic representation based oninformation available. No warranty is made concerningthe accuracy, currency, or completeness of datadepicted on this map. 3-1 FigureGeneral Sewer PlanCity of Lynnwood, WashingtonNovember 2023 Sewer Service Area UV525 §¨¦5 §¨¦405 196THSTREETSOUTHWEST MANORWAY 164TH STREET SOUTHWEST 4THAVENUEWEST 44THAVENUEWEST 228THSTREETSOUTHWEST 84THAVENUEWEST ED M O NDS WAY MERIDIANAVENUESOUTH 220THSTREETSOUTHWEST 64THAVENUEWEST BEVERLY PARK ROAD FILBERTROAD LOCUSTWAY 212THSTREETSOUTHWESTBOWDOIN WAY STATE ROUTE 525 POPLARWAY HIGHWAY99 204THSTREETSOUTHWEST 76THAVENUEWEST PICNICPOINTROAD 95TH PLACE WEST 48THAVENUEWEST ASH WAY 148THSTREETSOUTHWEST GIBSONROAD LARCHWAY 52NDAVENUE WEST MEADOW ROAD 200TH STREET SOUTHWEST 208TH STREET SOUTHWEST DAMSONROAD CEDARWAY 176THSTREETSOUTHWEST MAINSTREET 236THSTREETSOUTHWEST OLYMPIC VIE WDRIVE 58THAVENUEWEST 68THAVENUEWEST PUGETDRIVE 180THSTREETSOUTHWEST ALDE R W O OD M ALLPARKWAY 56THAVENUEWEST 60THAVENUEWEST 88THAVENUEWEST 66THAVENUEWEST CARTERR OAD 14THAVENUEWEST BRIER ROAD ALDE R W O OD M ALL B OULEVAR D NORTH ROAD 188TH STREET SOUTHWEST CYPRESSWAY MAPLE ROAD 2NDPLACEWEST LOGANROAD OLDPOP LAR W AY 35THAVENUEWESTFISHERROAD 128THSTREETSOUTHWEST SHELBYROAD 168TH STREET SOUTHWEST LAKEVIE W DRIVE 75THPLACEWEST INTERSTATE405SOUTHW EST INTER STATE5 S OUTHWEST 36THAVENUEWEST MUKIL TEO SPEEDWAY P:\Mapping\Maps_Generated\Lynnwood\21-10781.00\006\6.01\maps\Fig 3-1 Sewer Service Area 8.5x11.mxd 10/13/2023 spalmerton Legend City of LynnwoodCorporate Boundary Lynnwood MunicipalUGA Area Served byLynnwood WWTP Area in EdmondsServed by LynnwoodWWTP UGA Area Served byAlderwood Water &Wastewater District Area in LynnwoodServed byAlderwood Water &Wastewater District Area in LynnwoodServed by EdmondsWWTP Area in LynnwoodServed by MountlakeTerrace # PugetSound 0 4,0002,000 Feet Lynnwood Wastewater Treatment Plant Did you know? This treatment plant collects and treats wastewater from a sewer service area covering approximately 6,000 acres in Lynnwood and north Edmonds! The City’s goal is to protect public health and the environment by effectively treating sewage before it is discharged back into natural water bodies or reused. The City of Lynnwood Wastewater Treatment Plant serves residents in both Lynnwood, shown in solid green, and Edmonds, shown in dotted green. Portions of Lynnwood serviced by treatment plants in other jurisdictions are shown in purple, blue and yellow.N   Item 10.1       Packet pg. 79/125 Schedule The City is currently reviewing engineering recommendations and estimates to ensure our investment has the maximum benefit to the public and that operations can continue seamlessly during construction. The project team has been working closely with residents who live close to the treatment plant throughout planning. We will engage the broader community starting in 2026 prior to the design phase. Environmental review will occur during design. Some portions of the project may start construction before design is complete to be responsible with funds and stay on schedule. Questions or comments? Contact Ehsan Shirkhani, Public Works Program Manager 425-670-5218 pwrequest@LynnwoodWA.gov Visit our website and sign up for project news Planning Early planning: 2020 to 2024 Project planning: 2024 to late 2026 Construction 2028 to 2034 Design late 2026 to 2030 Project completion 2020 2026 20282027 2029 2030 2034 Early planning In 2020, the City began a thorough process of evaluating the treatment plan and sewer system. The City found the treatment plant needs major updates to meet changing environmental regulations and accommodate growth. Over the past five years, the City has been responsibly developing a funding plan for this necessary project. When the project team has a better understanding of this project’s schedule and cost, the City will share more information at local events, meetings, on our website and through mailings.   Item 10.1       Packet pg. 80/125 City Council Agenda Item 10.2 March 3, 2026 - Regular Meeting TITLE:Award Construction Contract to build an Odor Control Enclosure and Air Scrubber (Second Reading) DEPARTMENT:Public Works and Utilities PRESENTER:Andy Rheaume NEEDED FROM COUNCIL:Action RECOMMENDATION:I move to authorize the Mayor to sign a contract with both Engineering Services and Products Company and Newterra Corp Inc. in the amount of $211,503.12 and $75,849.43 respectively. BUDGET: Total Dollar Amount:$287,352.55 ☒ Approved in Budget Fund(s):423 ☐ Budget Reallocation Required ☐ No Budget Impact PROBLEM/ISSUE STATEMENT: Section 10.7.2.A of the City of Edmonds Purchasing Policy states “If the project is not included in the current City Council approved budget or CIP, the City Council must authorize the call for bids estimated at over $150,000.” The 2025-2026 Sewer Utility Budget includes funding to address Wastewater Treatment Plant (WWTP) emergent needs, but the Decision Package for the Wastewater Treatment Plant CIP did not specify this project. It is important to reduce the odor emitting from the plant by enclosing the trucks that are used to haul solids from the WWTP and installing an air scrubber that reduces the odor leaving the enclosure. CONTEXT, ANALYSIS, & ALTERNATIVES: For three years the Edmonds WWTP has been trucking wastewater solids for disposal. Originally this method of solids disposal was going to be temporary until a new solids handling system was operational inside the plant. The permanent solids handling system is still not operational. In addition, over the last three years it has become evident that at some level solids will need to be trucked from the site with the new solids system. Industrial systems require maintenance and inherently will have mechanical problems that would take the system down, having the redundancy/option to truck solids will be essential going forward. Staff have reviewed various options for reducing the odor of trucking solids. Efforts have been made with industrial air freshening products and techniques. The most dependable and cost effective solution is to install an enclosure around the trucks with a roll up door to swap the trucks out when full. The structure needs to be outfitted with an air scrubber that sucks the air out of the enclosure and through an air scrubber that greatly reduces odor. The City of Lynnwood recently started trucking wastewater solids and came to the same conclusion. Lynnwood‘s truck enclosure has been successful at reducing odor from the solids.   Item 10.2       Packet pg. 81/125 Multiple vendors submitted bids for the project and ultimately two were selected to perform this necessary work. For the enclosure, Engineering Services and Products Company will provide design, delivery and constructions services in the amount of $211,503.12, and for the Air Scrubber, Newterra Corp Inc will provide delivery and installation in the amount of $75,849.43. The total estimated cost of the project is $287,352.55. RECOMMENDATION: I move to authorize the Mayor to sign a contract with both Engineering Services and Products Company and Newterra Corp Inc. in the amount of $211,503.12 and $75,849.43 respectively. BUDGET IMPACTS: The cost of the enclosure and air scrubber is estimated at $287,352.55 purchased, installed and operational. The 2025-2026 Capital Improvement Plan includes funding for the Wastewater Treatment Plant ($1,000,000) that can be used for this purpose. ADDITIONAL INFORMATION: ATTACHMENTS: Attachment 1 – Agreement 1 Attachment 2 – Agreement 2   Item 10.2       Packet pg. 82/125 A-1 CITY OF EDMONDS SMALL WORKS CONTRACT (For Use Only on Contracts of $350,000 or less) Contract Title: Odor Control Enclosure Project No. (if applicable): 02-2026-ClearSpan Contract Price: $191,059.74 Schedule A: N/A Tax (10.7%): $20,443.39 Total: $211,503.12 Contractor: Name: Clearspan Fabric Structures International, Inc. Address: 703 Hebron Avenue, Glastonbury, CT 06033 Phone: 800-603-4445 State in which firm was incorporated or where business entity was formed: CT Firm has a physical location in Washington State (yes/no): No The City has awarded this 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 was awarded at the sole discretion of the City. Pursuant to the provisions of RCW 39.04.380, if a bid was received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage was 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 Clearspan Fabric Structures International, Inc.,, (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:   Item 10.2       Packet pg. 83/125 A-2 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 version of the Washington State Department of Transportation (WSDOT) and APWA Standard Specifications for Road, Bridge and Municipal Construction in effect upon the execution of this Agreement 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, and Appendices 1 and 2, are hereby incorporated into this Agreement by reference: N/A . Duration of Agreement. The term of this Agreement shall commence upon execution by the parties. All work under this Agreement shall be completed within 90 working days from the City’s issuance of the Notice to Proceed (NTP). Contract Price. The Contractor shall perform the work for the price set forth above. 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. Wage Law Compliance Form. The prime contract bidder shall submit with the bid a completed and signed Wage Law Compliance Form, a copy of which is included in Attachment B. 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 C. 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. Performance and Payment Bond. As required under Chapter 39.08 RCW, the Contractor shall provide the City a performance and payment bond (Attachment D) for the full contract amount plus increases covered by change orders issued by the City under this Agreement. The Contractor may choose the alternative to a performance and payment bond when permitted under RCW 39.08.010 (see “Retainage” section, below). Retainage. An amount of five percent (5%) of moneys earned by the Contractor may be retained by the City until all requirements under Section 1-09.9(1) of the WSDOT Standard Specification and 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.   Item 10.2       Packet pg. 84/125 A-3 Retainage in Lieu of Performance Bond. The parties may agree to the retainage option in lieu of a Performance Bond authorized by RCW 39.08.010(3). Under that statute, on contracts of One Hundred Fifty Thousand Dollars ($150,000) or less, the Contractor may request that, in lieu of a Performance Bond, the City retain ten percent (10%) of the contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Washington State Department of Revenue, Employment Security Department, and Department of Labor & Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The City does not have the option to waive the retainage requirement for retainage held in lieu of a Performance Bond. 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 (1) 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 insurance as required by, and pursuant to the provisions of, APWA GSP 1-07.18, a copy of which is attached hereto and incorporated herein by this reference (Attachment E). For purposes of this Agreement, the coverages and limits set forth in GSP 1-07.18(5)A (Commercial General Liability) shall be revised as follows: Commercial General Liability – Such policy must provide the following minimum limits: $2,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate. The remainder of the provisions of GSP 1-07.18 remain in full force and effect.   Item 10.2       Packet pg. 85/125 A-4 Haley 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. 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: February 19, 2026. CITY OF EDMONDS Clearspan Fabric Structures International, Inc. By: BDy: ebbie Digitally signed by Debbie Haley DN: cn=Debbie Haley, ou=Clearspan Fabric Structures International, Inc., email=dhaley@clearspan.com, c=US Printed Name: Printed Name: Debbie HaleDyate: 2026.02.19 14:35:58 -05'00' Title: Title: Senior Contracts and Credit Analyst (Signature) (Signature)   Item 10.2       Packet pg. 86/125 SOW-1 ATTACHMENT A SCOPE OF WORK Contractor will provide the following services for the Edmonds Wastewater Treatment Plant: • The delivery, installation and servicing of a prefab structure for the enclosure of the solid waste holding bay at the Edmonds Wastewater Treatment Plant. This includes a steel roll up door, a walk in doorkit and trusses for support. • Engineering Building Stamped Drawings. The above services include all labor, materials, and equipment to perform the work. Contractor will return work area to the same state of cleanliness as was found when they arrived onsite for the installation.   Item 10.2       Packet pg. 87/125 WLC-1 ATTACHMENT B WAGE LAW COMPLIANCE FORM This form must be submitted with the Bid Proposal Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date February 12, 2026, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Clearspan Fabric Structures International, Inc. Bidder’s Business Name Signature of Authorized Official* Debbie Haley, Senior Contracts and Credit Analyst Printed Name and Title 703 Hebron Avenue, Glastonbury CT 06033 Business Address 800 603 4445 Business Telephone 2/19/2026 1395 John Fitch Blvd, S Windsor CT Date City/Other Location State/Country Check One: ☐ Sole Proprietorship ☐ Partnership ☐ Joint Venture ☒ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Connecticut If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.   Item 10.2       Packet pg. 88/125 SBQ-1 ATTACHMENT C STATEMENT OF BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 Name of Contractor Clearspan Fabric Structures International, Inc. Address 703 Hebron Avenue, Glastonbury CT 06033 Phone Number 800-603-4445 WA State Dept of L&I Worker’s Compensation No. 204,451-00 WA State Dept of Licensing Contractor’s Registration No. CC CLEARFS852L9 Expiration Date 1/22/27 WA State Uniform Business Identifier No. (UBI) 602-850-789 Must have UBI number before contract is awarded Number of years the contractor has been engaged in the construction business under the present firm name above 19 YEAR Yes No 1. At the time of bid submittal, did the contractor have a certificate of contractor registration in compliance with Chapter 18.27 RCWs? 2. Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? 3. Does the contractor have an Employment Security Department number as required in Title 50 RCW? Provide Employment Security Department number: 00351940 4. Does the contractor have a state excise tax registration number as required in Title 82 RCW? Provide state excise tax registration number: 602-850-789 5. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? 6. 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)? 7. 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?   Item 10.2       Packet pg. 89/125 SBQ-2 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 subcontractors and include instant condition for verification requirement. STATEMENT OF SUPPLEMENTAL BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 Yes No 1. At the time of bid submittal, does Contractor owe delinquent taxes to the Washington State Department of Revenue? If yes, does Contractor have a payment plan approved by the Department of Revenue? 2. Is Contractor currently debarred or suspended by the federal government? 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? If no, please state any extenuating circumstances regarding this issue. 4. Is Contractor listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.C § 6101 and Executive Order 13496? 5. Has Contractor been convicted of a crime involving bidding on a public works contract within five years of the bid submittal deadline? If yes, please state any extenuating circumstances regarding this issue. Subcontractor Responsibility Requirements: 6a. Does Contractor’s standard subcontract form include the subcontractor responsibility language required by RCW 39.06.020? 6b. Does Contractor have an established procedure to validate the responsibility of each of its subcontractors? 6c. 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?   Item 10.2       Packet pg. 90/125 SBQ-3 Yes No 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? If yes, please state any extenuating circumstances regarding this issue. 8. Has Contractor successfully completed projects of a similar size and scope as required by the contract documents for this project? If yes, please provide information on such project(s) and contact information for each contracting agency. Please note: In evaluating whether projects were successfully completed, the City may check owner references for 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, management of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and management of submittals process, change orders and close-out. City of Rockford Public Works Dept – 85x98 salt storage –installation Mitchell.leatherby@rockfordil.gov 9. Has Contractor had a public works contract terminated for cause by a government agency within five years of the bid submittal deadline? 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? If yes, please state any extenuating circumstances regarding this issue.   Item 10.2       Packet pg. 91/125 SBQ-4 ompany (Contractor) Name Bidder C Debbie Hal Structures International, Inc., email=dhaley@clearspan.com, c=US Yes No 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? If yes, please state any extenuating circumstances regarding this issue. Clearspan Fabric Structures International, Inc. Signature Senior Contracts and Credit Analyst Title February 19, 2026 Date   Item 10.2       Packet pg. 92/125 PPB-1 ATTACHMENT D PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the CITY OF EDMONDS, WASHINGTON, has awarded Engineering Services and Products Company , hereinafter designated as the “Principal,” a contract for the construction of the Odor Control Enclosure 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 (“Surety”), are held and firmly bound unto the CITY OF EDMONDS and the State of Washington, for and in behalf project in the sum of Two Hundred Eleven Thousand Five Hundred and Three Dollars and Twelve Cents ($211,503.12) 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. 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.   Item 10.2       Packet pg. 93/125 PPB-2 IN WITNESS WHEREOF, this instrument is executed in three counterparts, each of which shall be deemed an original, this day of , 2026. Principal By Title TWO WITNESSES ATTEST (if corporation) Surety By Title Address of local office and agent of surety company is APPROVED AS TO FORM Office of the City Attorney   Item 10.2       Packet pg. 94/125 GSP-1 ATTACHMENT E 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (January 4, 2024 APWA GSP) 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency   Item 10.2       Packet pg. 95/125 GSP-2 on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. I. Under no circumstances shall a wrap up policy be obtained, for either initiating or maintaining coverage, to satisfy insurance requirements for any policy required under this Section. A “wrap up policy” is defined as an insurance agreement or arrangement under which all the parties working on a specified or designated project are insured under one policy for liability arising out of that specified or designated project. 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: • the Contracting Agency and its officers, elected officials, employees, agents, and volunteers The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1 07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency   Item 10.2       Packet pg. 96/125 GSP-3 to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1 07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self- insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $2,000,000 Each Occurrence $3,000,000 General Aggregate $3,000,000 Products & Completed Operations Aggregate $2,000,000 Personal & Advertising Injury each offence   Item 10.2       Packet pg. 97/125 GSP-4 $2,000,000 Stop Gap / Employers’ Liability each accident 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Workers’ Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.   Item 10.2       Packet pg. 98/125 Appendix 1 APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the “Contractor”) agrees as follows: 1. Compliance with Regulations: The 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 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 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 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 Contractor of the 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 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the 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 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 Contractor under the Agreement until the Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The 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 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 Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the 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 Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States.   Item 10.2       Packet pg. 99/125 Appendix 2 APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “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 has 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).   Item 10.2       Packet pg. 100/125 A-1 CITY OF EDMONDS SMALL WORKS CONTRACT (For Use Only on Contracts of $350,000 or less) Contract Title: Odor Control Scrubber Installation Project No. (if applicable): 02-12-2026 Newterra Contract Price:$68,518.00 Schedule A:N/A Tax (10.7%):$7331.43 Total:$75,849.43 Contractor: Name:Newterra Corporation Inc. Address:1555 Coraopolis Heights Road Suite 400 Coraopolis, PA 15108 Phone:724-703-3020 State in which firm was incorporated or where business entity was formed: PA Firm has a physical location in Washington State (yes/no): No The City has awarded this 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 was awarded at the sole discretion of the City. Pursuant to the provisions of RCW 39.04.380, if a bid was received from a nonresident contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage was 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 Newterra Corporation Inc, (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:   Item 10.2       Packet pg. 101/125 A-2 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 version of the Washington State Department of Transportation (WSDOT) and APWA Standard Specifications for Road, Bridge and Municipal Construction in effect upon the execution of this Agreement 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, and Appendices 1 and 2, are hereby incorporated into this Agreement by reference: N/A . Duration of Agreement. The term of this Agreement shall commence upon execution by the parties. All work under this Agreement shall be completed within 90 working days from the City’s issuance of the Notice to Proceed (NTP). Contract Price. The Contractor shall perform the work for the price set forth above. 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. Wage Law Compliance Form. The prime contract bidder shall submit with the bid a completed and signed Wage Law Compliance Form, a copy of which is included in Attachment B. 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 C. 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. Performance and Payment Bond. As required under Chapter 39.08 RCW, the Contractor shall provide the City a performance and payment bond (Attachment D) for the full contract amount plus increases covered by change orders issued by the City under this Agreement. The Contractor may choose the alternative to a performance and payment bond when permitted under RCW 39.08.010 (see “Retainage” section, below). Retainage. An amount of five percent (5%) of moneys earned by the Contractor may be retained by the City until all requirements under Section 1-09.9(1) of the WSDOT Standard Specification and 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.   Item 10.2       Packet pg. 102/125 A-3 Retainage in Lieu of Performance Bond. The parties may agree to the retainage option in lieu of a Performance Bond authorized by RCW 39.08.010(3). Under that statute, on contracts of One Hundred Fifty Thousand Dollars ($150,000) or less, the Contractor may request that, in lieu of a Performance Bond, the City retain ten percent (10%) of the contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Washington State Department of Revenue, Employment Security Department, and Department of Labor & Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The City does not have the option to waive the retainage requirement for retainage held in lieu of a Performance Bond. 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 thirt=7\ (30) days 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 insurance as required by, and pursuant to the provisions of, APWA GSP 1-07.18, a copy of which is attached hereto and incorporated herein by this reference (Attachment E). For purposes of this Agreement, the coverages and limits set forth in GSP 1-07.18(5)A (Commercial General Liability) shall be revised as follows: Commercial General Liability – Such policy must provide the following minimum limits: $2,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate. The remainder of the provisions of GSP 1-07.18 remain in full force and effect.   Item 10.2       Packet pg. 103/125 A-4 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. 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: February __, 2026. CITY OF EDMONDS Newterra Corporation Inc By: By: (Signature) (Signature) Printed Name: Printed Name: Title: Title:   Item 10.2       Packet pg. 104/125 A-4   Item 10.2       Packet pg. 105/125 SOW-1 ATTACHMENT A SCOPE OF WORK Contractor will provide the following services for the Edmonds Wastewater Treatment Plant: The delivery, installation, and commissioning of one (1) Vapor Phase Vessel filled with TIGG Activated Carbon for the purposes of air scrubbing an onsite enclosure. 1 day of startup/commissioning support with a single technician. The above services include all labor, materials, and equipment to perform the work. Contractor will return work area to the same state of cleanliness as was found when they arrived onsite for the installation.   Item 10.2       Packet pg. 106/125 SOW-1   Item 10.2       Packet pg. 107/125 WLC-1 ATTACHMENT B WAGE LAW COMPLIANCE FORM This form must be submitted with the Bid Proposal Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date February 12, 2026, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder’s Business Name Signature of Authorized Official* Printed Name and Title Business Address Business Telephone Date City/Other Location State/Country Check One: ☐ Sole Proprietorship ☐ Partnership ☐ Joint Venture ☒ Corporation State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.   Item 10.2       Packet pg. 108/125 WLC-1   Item 10.2       Packet pg. 109/125 SBQ-1 ATTACHMENT C STATEMENT OF BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 Name of Contractor Address Phone Number WA State Dept of L&I Worker’s Compensation No. WA State Dept of Licensing Contractor’s Registration No. Expiration Date WA State Uniform Business Identifier No. (UBI) Must have UBI number before contract is awarded Number of years the contractor has been engaged in the construction business under the present firm name above Yes No 1.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? 2.Does the contractor have industrial insurance coverage for its employees working in Washington as required in Title 51 RCW? 3.Does the contractor have an Employment Security Department number as required in Title 50 RCW? Provide Employment Security Department number: 4.Does the contractor have a state excise tax registration number as required in Title 82 RCW? Provide state excise tax registration number: 5.Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)? 6.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)? 7.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?   Item 10.2       Packet pg. 110/125 SBQ-2 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 subcontractors and include instant condition for verification requirement. STATEMENT OF SUPPLEMENTAL BIDDER QUALIFICATIONS TO BE DECLARED RESPONSIBLE BIDDER PURSUANT TO RCW 39.04.350 Yes No 1.At the time of bid submittal, does Contractor owe delinquent taxes to the Washington State Department of Revenue? If yes, does Contractor have a payment plan approved by the Department of Revenue? 2.Is Contractor currently debarred or suspended by the federal government? 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? If no, please state any extenuating circumstances regarding this issue. 4.Is Contractor listed as an ineligible contractor on the federal GSA Excluded Parties List System set forth by 31 U.S.C § 6101 and Executive Order 13496? 5.Has Contractor been convicted of a crime involving bidding on a public works contract within five years of the bid submittal deadline? If yes, please state any extenuating circumstances regarding this issue. Subcontractor Responsibility Requirements: 6a.Does Contractor’s standard subcontract form include the subcontractor responsibility language required by RCW 39.06.020? 6b.Does Contractor have an established procedure to validate the responsibility of each of its subcontractors?   Item 10.2       Packet pg. 111/125 SBQ-3 Yes No 6c.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? 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? If yes, please state any extenuating circumstances regarding this issue. 8.Has Contractor successfully completed projects of a similar size and scope as required by the contract documents for this project? If yes, please provide information on such project(s) and contact information for each contracting agency. Please note: In evaluating whether projects were successfully completed, the City may check owner references for 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, management of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and management 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? 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? If yes, please state any extenuating circumstances regarding this issue.   Item 10.2       Packet pg. 112/125 SBQ-4 Yes No 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? If yes, please state any extenuating circumstances regarding this issue. Bidder Company (Contractor) Name Signature Title Date   Item 10.2       Packet pg. 113/125 SBQ-4   Item 10.2       Packet pg. 114/125 PPB-1 ATTACHMENT D PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the CITY OF EDMONDS, WASHINGTON, has awarded Newterra Corporation Inc, hereinafter designated as the “Principal,” a contract for the construction of the Odor Control Scrubber Installation 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 (“Surety”), are held and firmly bound unto the CITY OF EDMONDS and the State of Washington, for and in behalf project in the sum of Seventy-Five Thousand, Eight Hundred and Forty-Nine Dollars and Forty- Three Cents. ($75,849.43) 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. 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.   Item 10.2       Packet pg. 115/125 PPB-2 IN WITNESS WHEREOF, this instrument is executed in three counterparts, each of which shall be deemed an original, this day of , 2026. Principal By Title TWO WITNESSES ATTEST (if corporation) Surety By Title Address of local office and agent of surety company is APPROVED AS TO FORM Office of the City Attorney   Item 10.2       Packet pg. 116/125 PPB-2   Item 10.2       Packet pg. 117/125 GSP-1 ATTACHMENT E 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (January 4, 2024 APWA GSP) 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency   Item 10.2       Packet pg. 118/125 GSP-2 on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. I. Under no circumstances shall a wrap up policy be obtained, for either initiating or maintaining coverage, to satisfy insurance requirements for any policy required under this Section. A “wrap up policy” is defined as an insurance agreement or arrangement under which all the parties working on a specified or designated project are insured under one policy for liability arising out of that specified or designated project. 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: the Contracting Agency and its officers, elected officials, employees, agents, and volunteers The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1 07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency   Item 10.2       Packet pg. 119/125 GSP-3 to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1 07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self- insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $2,000,000 Each Occurrence $3,000,000 General Aggregate $3,000,000 Products & Completed Operations Aggregate $2,000,000 Personal & Advertising Injury each offence   Item 10.2       Packet pg. 120/125 GSP-4 $2,000,000 Stop Gap / Employers’ Liability each accident 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Workers’ Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.   Item 10.2       Packet pg. 121/125 GSP-4   Item 10.2       Packet pg. 122/125 Appendix 1 APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the “Contractor”) agrees as follows: 1. Compliance with Regulations: The 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 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 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 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 Contractor of the 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 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the 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 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 Contractor under the Agreement until the Contractor complies; and/or Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The 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 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 Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the 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 Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States.   Item 10.2       Packet pg. 123/125 Appendix 1   Item 10.2       Packet pg. 124/125 Appendix 2 APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “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 has 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).   Item 10.2       Packet pg. 125/125