Loading...
2023-04-11 City Council PPW Packet1. Op E D o Agenda Edmonds City Council PARKS AND PUBLIC WORKS COMMITTEE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 APRIL 11, 2023, 7:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 430- 930 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: DAVE TETZEL (CHAIR), DIANE BUCKSHNIS, COUNCIL PRESIDENT (EX- OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS Committee Updates (20 min) Edmonds Arts Festival, 4th of July & Taste Edmonds Event Agreements (10 min) 3. Presentation of Water Quality Combined Financial Assistance Agreement between the State of Washington Department of Ecology and City of Edmonds (WQC-2023-Edmond-00101) (10 min) 4. Presentation of Construction Contract for Citywide Bicycle Improvements and Elm Way Walkway Projects (10 min) 5. Presentation of Construction Contract for the 2023 Utility Replacement Project (10 min) 6. Presentation of Supplemental Agreement with BHC to provide design engineering services for the Phase 11 Sewerline Replacement Project. (10 min) 7. Presentation of Supplemental Agreement with David Evans and Associates, Inc (DEA) for the Elm Way Walkway project. (10 min) Edmonds City Council Agenda April 11, 2023 Page 1 8. Presentation of Supplemental Agreement with The Blueline Group for Citywide Bicycle Improvements Project (10 min) ADJOURNMENT: 9:30 PM Edmonds City Council Agenda April 11, 2023 Page 2 2.1 City Council Agenda Item Meeting Date: 04/11/2023 Committee Updates Staff Lead: Committee Chair CM Teitzel Department: City Council Preparer: Beckie Peterson Background/History The purpose of this standing agenda item is to allow a mechanism for staff to provide committees with brief, verbal updates on an activity or project overseen by a department and so that the Council can be more aware of what is happening around the city. Updates will facilitate a better set of expectations for councilmembers, the public, and the staff. Recommendation N/A Narrative Requested Committee Updates for Aprl 11, 2023: 1. Yost Park / Shell Creek Update (Parks) 2. Hurst Property Acquisition (Parks) 3. Mountlake Terrace ILA / Lake Ballinger Park (Parks) 4. Bicycle Safety at Intersections (PW) Perrinville Creek (PW) Packet Pg. 3 2.2 City Council Agenda Item Meeting Date: 04/11/2023 Edmonds Arts Festival, 4th of July & Taste Edmonds Event Agreements Staff Lead: Shannon Burley Department: Parks, Recreation & Human Services Preparer: Shannon Burley Background/History The Council authorizes event agreements on behalf the City of Edmonds. In 2022 the Edmonds Arts Festival, 4th of July and Taste Edmonds took place on their typical dates in the same locations as are being presented today. To date the City Council has authorized Special Event Agreements for SpringFest and the Market. At this meeting City Staff is presenting event agreements for the Edmonds Arts Festival, 4th of July Parade and 1K/5K Race and Taste Edmonds. Staff Recommendation Staff recommends the City Council support the event agreement between the City of Edmonds and the Edmonds Arts Festival Association for the Edmonds Arts Festival, the event agreement between the City of Edmonds and the Greater Edmonds Chamber of Commerce for 4th of July Parade and 5/1K Race and the event agreement between the City of Edmonds and the Greater Edmonds Chamber of Commerce for Taste Edmonds and forward them to the April 18, 2023 Consent Agenda. Approval on Consent Agenda for the next Regular Council Meeting would authorize the Mayor to sign the contracts. Narrative The event agreements are very similar to agreements in previous years. Each event producer is required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event and all South County Fire regulations for public events. The contracts have been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Human Services, Development Services, Economic Development and Risk Management (HR)) and are approved as to form by the City Attorney. Edmonds Arts Festival Event Agreement (attached): The 2023 Edmonds Arts Festival will take place on Father's Day weekend (June 16, 17 & 18) as is tradition. This event has grown from a small community art fair to one of the most prestigious in the Pacific Northwest, attracting artists from across the nation and Canada. This event is free and open to the public. The festival utilizes 8th avenue between Dayton and Main Streets, the Frances Anderson Center building, playfield and bandshell as well as the Plaza west of the building and Plaza Room above the library. Special arrangements have been made with the Engineering Department to ensure the Main Street utility replacement project will be demobilized throughout the duration of this event; further arrangements are made with the library to ensure the Plaza and Plaza Room are available for this event. Packet Pg. 4 2.2 July 4th Parade and 5/1K Event Agreement (attached): The Edmonds Chamber of Commerce has produced the 4th of July Main Parade since it's founding in 1907. This event is truly a reflection of the most positive aspects of "An Edmonds Kind of Day" bringing together thousands of people of all ages and walks of life. The Beat the Brackett races are a collaboration between the City of Edmonds and the Town of Woodway and typically attracts 400+ runners and walkers. The 4th of July agreement outlines details for the use of City Streets, sidewalks, parking and City Park to support the planned Beat the Brackett Race (both a 5K and 1K) and the Parade on the 4th of July. Construction on the Main Street utility replacement project will be paused on this day and construction vehicles / equipment will be consolidated in to smaller spaces to allow for the increase in visitors to downtown for these events. Taste Edmonds Event Agreement (attached): Taste Edmonds will take place Friday, August 11 - Sunday, August 13. Taste Edmonds is the Chamber of Commerce's largest fundraising event each year with revenues supporting multiple free events such as Halloween, the Holiday Tree Lighting, and the 4th of July Parade. The mix of live music, beer garden and food has a long standing history in Edmonds. In 2023 the event will remain at the Frances Anderson Center after the Chamber of Commerce permit application for use of Esperence Park was denied by Snohomish County. The event will feature food trucks / food vendors on 8th Avenue between Main St. and Dayton with live music and beer garden on the field. The event will be an all ages event with a 21+ fenced section. Further the current plan is to have a portion of the event on the Plaza above the library this portion is planned to be free and open to the public. Attachments: 2023 Edmonds Arts Festival Event Agreement 2023 July 4 Event Agreement 2023 Taste Edmonds Event Agreement Packet Pg. 5 2.2.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ARTS FESTIVAL ASSOCIATION, INCORPORATED (hereinafter referred to as the "Festival Association") (collectively, the "Parties"). WHEREAS, the Festival Association has for many years sponsored a public event known as the Edmonds Arts Festival, which provides educational and artistic benefits to the citizens of Edmonds; and WHEREAS, the City Council finds that in addition to providing an educational opportunity, the Edmonds Arts Festival showcases Edmonds' artists and helps promote tourism and thereby the economy of Edmonds; and WHEREAS, the City Council finds that the considerations to be provided to the Festival Association by the City are more than adequately recompensed by the compensation provided by the Festival Association and from the public benefits received by the citizens of the City; NOW, THEREFORE, in consideration of the promises, covenants, conditions, and performances set forth below, the Parties hereto agree as follows: Responsibilities of the City (certain Festival Association obligations included). 1.1 The City will provide the following spaces at the Frances Anderson Center to the Festival Association: June 8 at 8:00 am to June 20 at 5:00 pm Rooms 114, 123, 206, 207, 208, 209 and 301 for nonpublic use. Under no circumstances will the Festival Association have access to the Sculptors Workshop Rooms 210 & 211. June 8 at 8:00 am to June 19 at 5:00 pm Gym June 14 at 8:00 am to June 20 at 8:00 am Playfield and amphitheater The Frances Anderson Center playfield ("Playfield") will be used for Artwork Booths. The City may sprinkle the Playfield prior to the Festival to reduce dust. The Playfield irrigation system will be turned off by 8:00 am on June 13, 2023. The Festival Association agrees to cover the infield dirt only. Packet Pg. 6 2.2.a The courtyard area (West of the outdoor stage) may be used for a food concession area. The City will provide up to fifteen (15) picnic tables at the concession area and up to fifteen (15) garbage cans around the outside area. The Festival Association will also provide crew members to assist with the moving and placement of picnic tables and garbage cans. The Festival Association will be responsible for providing a dumpster for trash and grease traps for waste water disposal. The Festival Association will provide the City with a list of supplies (trash can liners, paper towels, etc.) which the City will order. The Festival Association will pay the invoices for all supplies in a timely fashion. 1.2 The City will provide the following spaces at the Edmonds Library Plaza to the Festival Association to be used for special functions: June 13 at 8:OOam to June 19, at 5:00 pm. Plaza Room June 14 at 8:OOam to June 19, at 5:00 pm. Plaza Patio 1.3 All of the rooms identified herein will be under the exclusive control of the Festival Association during the period identified due to the high value of the arts and crafts works that will be located therein. The City will make its best efforts to limit foot traffic not related to the Festival Association. 1.4 The City will check out two (2) sets of the required keys plus three (3) additional room keys to the Festival Association President, or designee, who will be responsible for security of all Festival Association displays and supplies. 1.5 Eighth Avenue will be closed between Main Street and Dayton Street for an additional food concession area and eating tables from June 15 at 8:00 am until June 19 at 12:00 noon. The City will provide and install safety barriers at both ends of the closed street. The Festival Association will ensure that these safety barriers are kept in place for the duration of the event, see exhibit A. 1.6 Except as provided below, the City grants the Festival Association the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from June 13 through June 19; provided, however, that the Festival Association will provide nine (9) parking permits and marked stalls for Library staff/patrons, which include three (3) handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City will provide official handicapped parking signs as identified in Exhibit A. One (1) load/unload space each will be marked on Dayton and Main Street. 1.7 The City will install Edmonds Arts Festival street banners at all approved sites. The Festival Foundation will provide a site map where these are to be installed. Packet Pg. 7 2.2.a 1.8 The City will provide one (1) 200-amp panel of electrical service; the Festival Association must supply any additional power. A Festival Association representative and a City Public Works representative will meet prior to June 4, 2023, to draw up an interior and exterior electrical plan. The Festival Association is responsible for notifying the Snohomish County PUD of hookups and scheduling inspection of temporary panels (including any necessary permits). The City will provide the City Electrician on an "on - call" basis, and is subject to reimbursement from the Festival Association for time and materials, minimum 4-hour overtime callback. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Festival Association). It is not allowed to fasten anything to the buildings, structures, or trees. Doing so may result in damage cost recovery and/or fine. 1.9 The Festival Association must have temporary panels and power poles removed by 12:00 noon on June 19, 2023. 1.10 The City will supply a list of acceptable compostable and recyclable foodware items and of suppliers for the compostable items. The City will provide signage for the on - site collection containers and any additional containers, if needed. 2. Responsibilities of the Festival Association. 2.1 The Festival Association will operate the Edmonds Arts Festival consistent with its educational purposes and will not illegally discriminate in the provision of the event or in its entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.2 In addition, the Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Festival Association warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health Department in assuring compliance during the event described in this Agreement. 2.3 The Festival Association agrees that the Edmonds Arts Festival is a public event. The Festival Association further agrees that areas provided by the City that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Festival Association will permit citizens attending events open to the general public during the Edmonds Arts Festival to exercise therein their protected constitutional right to free speech without interference on City property. Packet Pg. 8 2.2.a 2.4 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Festival Association will place clearly marked recycling containers throughout the event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Festival Association will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.6, below). 2.5 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Festival Association will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.6 Pursuant to Chapters 6.90 and 6.95 ECC, which prohibit the use of non- compostable food service containers and single -use plastic utensils (such as straws, stirrers and cutlery) at public events requiring a contract with the City, food vendors at this public event will provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC to event participants. The Festival Association will provide for the on -site collection of compostable and recyclable materials and garbage from event participants, using designated color -coded collection containers. The Festival Association will ensure that on -site collection containers are serviced properly and continually during the event. A Festival Association representative will meet with the City's Recycling Coordinator or representative prior to June 14, 2023, in order to be educated on the 3- container system to maximize diversion of compostable and recyclable materials from the garbage. 2.7 Displays and artworks will not be hung from conduits or sprinkler pipes. Exits and exit signage will not be obstructed except with specific approval of the Fire Marshall or designee. Nothing will be attached to any piece of art displayed by the City, or on any metal surface, within the Edmonds Art Festival premises made available by the City to the Festival Association and covered by this Agreement. The Festival Association will be responsible for removing all paint, wires, and modifications made to the building for the Festival and restoring the premises to its original condition. No stakes will be used on grassy areas of the Plaza. A Festival Association representative will meet with a member of the City's Parks and Recreation Department prior to June 14, 2023 and on June 20, 2023 to inspect the facility to document the "original" and post event condition of the Anderson Center, the Plaza Rooms, and outside areas. 2.8 The Festival Association will provide sufficient portable sani-cans and wash stations. The Festival Association will take over cleaning and stocking the restrooms from June 8 at 8:00 am until June 19. The Festival Association will meet with the City's Lead Custodian to review cleaning expectations prior to event. In the event of a call -out during the event, the Festival Association will reimburse the City for time and materials, at a minimum rate of 4-hour Overtime Callback. Packet Pg. 9 2.2.a 2.9 The Festival Association will provide manpower to assist with the tear -down of Room 207, date and time TBD prior to June 8, 2023. Also, City clients will have access to the weight room (200A) for drop -in use up until 1:00 pm, Wednesday, June 14, 2023, and starting again at 8:30 am, Tuesday, June 20, 2023. The clients will use the alternate Main Street entrance (no access through the gym). The City will secure the hallway between the gymnasium and the weight room by 12:00 noon, Monday, June 12. The hallway must be opened by 2:00 pm, June 15 and must remain open, clear and unobstructed for egress during the Edmonds Arts Festival. 2.10 Permits: The Festival Association will be responsible for all required city and state permits. The Festival Association will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Festival Association is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.11 Clean -UP: The Festival Association will be responsible for clean-up of the festival grounds and indoor spaces as follows: 1) Restore all areas to their original condition. 2) Pick up all trash and remove all items and equipment related to the Edmonds Arts Festival by 12:00 noon, June 20, 2023 (including grounds and buildings). 3) Plaza room carpet will be professionally cleaned so that it is dry and ready for use by 8:30 am on Tuesday, June 20, 2023. 4) Carpet/rugs, hard floor surfaces, and stairs will be professionally cleaned, and otherwise restored to their original condition (with the exception of the gym) no later than June 20 at 12:00 noon. 5) Restroom facilities will be professionally cleaned and ready for public use no later than June 19 at 12:00 noon. 6) Power wash cleaning of the following: a. All paved food concession areas; b. Edmonds Library Plaza patio; and c. All pedestrian walkways/steps around amphitheater, Frances Anderson Center, and Library Plaza area. 7) Wash east -facing windows on the first and second floor of the Frances Anderson Center by 4:OOpm on June 20, 2023. (Care must be taken particularly with the Daycare windows below ground level, which have exhaust fans that are not able to be sealed). 8) Install drain guards on all affected storm drains prior to the beginning of the Festival, and for removing them after clean-up is complete. Drain guards will Packet Pg. 10 2.2.a be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. 9) Disposal of wastewater will be according to the City policy using grease traps provided, cleaned and picked up, by the Festival Association. 2.12 Fire Watch: The Festival Association will provide a fire watch for all times the buildings and displays are open to the general public. The Fire Marshall or representative will inspect the Frances Anderson Center with the Festival Association President, or designated representative, prior to June 12, 2023 and any potential problems will be noted and reported to the City prior to Fire Marshall's briefing. At 9:00 am on June 16, 2023, the Fire Marshal will brief designated representatives of the Festival Association of the location and use of fire service features (fire extinguishers, pull stations, etc.) in the Anderson Center and Edmonds Plaza Room as well as inspect for any electrical and fire safety hazards. The Festival Association President and appointed representatives will be the responsible Festival Association individuals for performing fire prevention and fire watch activities. 2.13 The Festival Association will comply with all South County Fire guidelines, including the "Food Trucks and Special Events Standard" and "Food Vendor & Festival Requirements" set forth in Exhibit B, attached hereto and incorporated herein by this reference, and will additionally insure that: 1) Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances in locations other than the food vending area will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Edmonds Arts Festival opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. 2) Vehicles will only be allowed on turfed areas to load and unload. Food Court concessions will use the Main Street entrance for loading and unloading. The Festival Association will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 3) Precaution and measures are taken to prevent water from entering into the interior of the Frances Anderson Center buildings. 2.14 Fees: The Festival Association will pay a fee of $5,500.00 for Anderson Center, under stage storage, Plaza Room and environs to the City for the use and services of the above -mentioned facilities in this Agreement no later than May 15, 2023. The Festival Association will pay directly to the contractor for supplies provided through the City for the actual cost of supplies furnished by the City within thirty (30) days of mailing of a final bill by the City. Packet Pg. 11 2.2.a 2.15 Damage Deposit: The Festival Association will submit a cleaning/damage deposit of $1,000.00 to the City no later than May 15, 2023. The deposit will be refunded to the Festival Association if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning and supply costs. 2.16 Indemnification: The Festival Association shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Festival Association and the City, its officers, officials, employees, and volunteers, the Festival Association's liability hereunder shall be only to the extent of the Festival Association's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Festival Association's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.17 Insurance: The Festival Association will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds shall be named as an additional insured on the Festival Association's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance shall be written with limits no less than $2,000,000 each occurrence ($1,000,000 Commercial General Liability and $1,000,000 Umbrella), and $3,000,000 general aggregate ($2,000,000 Commercial General Liability and $1,000,000 Umbrella). The insurance policy shall contain, or be endorsed to contain, that the Festival Association's insurance coverage shall be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds shall be excess of the Festival Association's insurance and shall not contribute with it. In the event that the Festival Association's employees and/or volunteers provide the service of alcohol at the event, the Festival Association's General Liability insurance will also include host liquor liability coverage. However, if the Festival Association contracts with a third -party vendor or vendors to provide all service of alcohol, the Festival Association will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming Packet Pg. 12 2.2.a that the vendor(s) have Liquor Liability coverage, with limits no less than $1,000,000 per vendor. The City will be named as an additional insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the Festival Association's Certificate of Insurance. The Festival Association will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.18 Notices. All requests for additional services and concerns of the Festival Association will be directed by the Festival Association President to the City's designated representative, Parks Deputy Director, 425-771-0232. 3. Miscellaneous 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force maleure. The Parties will not be liable for failure to perform or delay in performance due to pandemic -related restrictions, fire, flood, strike or other labor difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Festival Association will be deemed to be the same of the City for any purpose. The Festival Association alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Festival Association in the performance of this Agreement shall comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Festival Association shall consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. Packet Pg. 13 2.2.a DATED this day of 2023. CITY OF EDMONDS: EDMONDS ARTS FESTIVAL ASSOCIATION: Mike Nelson, Mayor Barbara Norgaard-Reid, Arts Festival President ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 14 2.2.a N 0 n cn -n m a 0 0 0 0 0 0 O Exhibit A Parking and Street Closure Map L _ 'f .-1. Ji O :I Packet Pg. 15 2.2.a Frances Anderson Center Field Vendor Map p 0 W V M U, 41. W I.J — m 0 — C � 0- M O O O O O O O-Om o Q o 0 0 0 0 ov; m o o E a a 3 O T T 0 0 0 O O O p, fD fD rD O N{ 0 0 0 °—' 7 Q Q `< n n n 0-D O O 7575 n n n ri o m o C m m o (DMM0 rD v rZ V a m m ENTRANCE N n m m n ■ ■ ■ 2 W j 0 0 0 rn 0 0 2 L 14' N 14' N 14 ID n 61 W W W CO l0 W � f v W N 4, N x rn N x rn 0, N x rn LO �J o I N w x rn CD V O. In ? W C, C hj CO N hJ Ij N N N N N��i O C. O O O O O O OON N N N N h.J N rn rn 14 CO V 0 W A W N 1 N N N N N N N N N W N N N N N � N N V 01 In A W N N N N W COw N W N W N W w N W W V n A W N N N N N N IJ N Ij W N V N W N ? W N N N 14' x 41 �j x N x x x 41 W 1+ O W n W ? W W W N W W O O O O O O A O1 In W N W W N n W N ? W N Iv W N W N W W N 14' w w 14' w 14' w w 14' W 01 W A W � A W ? N � � W W W 0 A U, W W N N N N N W Vl N N V W XJ x V W W x x V W W x W A W N W O � N N W O W N kA m m Packet Pg. 16 2.2.a Plaza Vendor Map kk �_' ! ( \fir , 2■ 2 \( \ «!r0 !(!00 .. _ /k , f 0 , § \ } / \ } � � d E § CD E } w } f Ln & m i } $ � I L. § . E q n ��z Ib {Jd Ib /{ �ƒ �\ � 0 � Packet Pg. 17 Exhibit B !IR 1� FOOD TRUCKS AND SPECIAL EVENTS STANDARD BUSINESS LICENSE ❑ All food trucks are required to obtain a business license unless they are part of a special event in which case they are covered under the special event. FIRE LANE ❑ A MINIMUM 20-foot Fire Lane must ALWAYS be maintained for emergency vehicle access ❑ Unobstructed access to fire hydrants and FDCs shall always be maintained. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) TENTS AND OTHER MEMBRANE STRUCTURES ❑ All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. Exceptions are: a. Limited in size to 120 square feet; b. Occupancy is limited to 10 persons or less; c. Minimum of 12 feet seperation between the canopy and the building (including any overhang or canopy); and Cl. No open flame or cooking is associated with the use of the canopy. ❑ Tents shall be 400 square feet or less, or an additional permit maybe required. The aggregate area of multiple tents placed side by side shall not exceed 700 square feet without having a 12-foot fire break. Break may be reduced to 10 feet with the approval of the fire official. Smoking shall not be permitted in tents or membrane structures. (IFC 3104.6) ❑ Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. SOUTH COUNTY FIRE 12425 Meridian Avenue South, Everett, WA 98208 (425) 551-1264 I Prevention@SouthSnoFire.org SERVING THE CITIES OF • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE 2.2.a Packet Pg. 18 2.2.a ❑ Maintain a minimum of 20 feet separation between rows of vendor booths, and a minimum of 20-foot-wide emergency apparatus access from parking area into vendor and stage area. HOOD AND FIRE EXTINGUISHERS ❑ A MINIMUM OF ONE 2A10BC PORTABLE FIRE EXTINGUISHER is required in all trucks and food vendor tents, with current annual inspection/service tag attached, and appropriately mounted. KEEP FIRE EXTINGUISHERS ACCESSIBLE AND CONSPICUOUS with no more than 75 feet of unobstructed travel distance. ❑ Trucks and food vendor tents with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. ❑ Hood suppression systems must have current inspection documentation (within 6 months) and shall be UL300 Compliant. ❑ Hood suppression systems must have current cleaning inspection documentation. ❑ NO CANDLES or open flame devices like Tiki torches shall be allowed. ❑ NO FLAMING FOOD shall be allowed. ❑ ALL COMBUSTIBLE MATERIALS shall be kept away from heat sources. ❑ NO COOKING APPLIANCES/HEAT SOURCES will be within physical reach of the general public. ❑ COOKING OIL STORAGE CONTAINERS within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. ELECTRICAL CORDS ❑ Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. ❑ All cords shall be free of splices, cuts or breaks in outer sheathing. ❑ UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. ❑ See "Generators" below South County Fire — Food Trucks and Special Events Standard 2021 Page 2 of 3 Packet Pg. 19 2.2.a RUBBISH ❑ Keep combustible rubbish in closed containers. ❑ Cardboard boxes are rubbish, not rubbish containers. ❑ Rubbish containers larger than 40 gallons must be labeled "Fire -Resistive". FUEL USE AND STORAGE ❑ All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. ❑ Storage tanks/cylinders must remain upright, so pressure relief valve is in vapor space. ❑ MANUAL SHUTOFF VALVES ON GAS LINES ARE REQUIRED AT THE POINT OF USE AND AT THE SUPPLY. ❑ The maximum aggregate capacity of LP -gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. ❑ The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. ❑ LP -gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP -gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. ❑ No smoking in or around cooking/fuel use or storage areas GENERATORS ❑ No generators are allowed unless they are part of the food truck fuel system or fueled by LP/CNG. NO GASOLINE GENERATORS WILL BE PERMITTED. South County Fire — Food Trucks and Special Events Standard 2021 Page 3 of 3 Packet Pg. 20 2.2.a South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. - Hood suppression systems MUST have current inspection documentation. - Keep fire extinguishers accessible and conspicuous. Cooking - No candles or open flame devices like tiki torches. - No flaming food. - Barbecue pits need a 10' separation from combustibles and portable FIE. - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any combustible material and shall be placed on a non-combustible surface. - All combustibles shall be kept away from heat sources. - No cooking appliances/heat sources will be within physical reach of the general public. Electrical Cords - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. - All cords shall be free of splices, cuts or breaks in outer sheathing. - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. Rubbish - Keep combustible rubbish in closed containers. - Cardboard boxes are rubbish/not rubbish containers. - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal. ' Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrict1.org Packet Pg. 21 Permit 2.2.a FAC (Frances Anderson Center) PHONE:(425) 771-0230 700 Main Street FAX:(425) 771-0253 Edmonds, WA 98020 EMAIL:reczone@edmondswa.gov Organization Name Edmonds Arts Festival - 4 Customer Type Organization Organization Address P O. Box 212 Edmonds, WA 98020 Agent Name Barbara Norgaard-Reid System User Chris Brinton Arts Fest 23 Booking Summary Permit # R4749 Status Approved Date Jan 12, 2023 10:48 AM Home Phone Number (425) 334-2552 Email Address bnorgaardreid@gmail.com Rental Fee $5,500.00 Discounts $0.00 Subtotal $5,500.00 Deposits $1,000.00 Deposit Discounts $0.00 Total Permit Fee $6,500.00 Total Payment $0.00 Refunds $0.00 Balance $6,500.00 16 resource(s) 186 booking(s) Subtotal: $6,500.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:00 AM Jun 8, 2023 10:00 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:30 PM 1 $0.00 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 $0.00 Jun 11, 2023 9:00 AM Jun 11, 2023 9:00 PM 1 $0.00 Jun 12, 2023 9:00 AM Jun 12, 2023 8:30 PM 1 $0.00 Jun 13, 2023 8:30 AM Jun 13, 2023 8:30 PM 1 $0.00 Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 17, 2023 2:00 PM Jun 17, 2023 10:00 PM 1 $0.00 Jun 18, 2023 9:00 AM Jun 18, 2023 9:00 PM 1 $0.00 Jun 19, 2023 9:00 AM Jun 19, 2023 8:30 PM 1 $0.00 # R4749 Status Approved Packet Pg. 22 Jun 20, 2023 7:00 AM Jun 20, 2023 9:30 PM 1 Facility Notes Regular size carpeted classroom. No food or drink allowed. Holds 20 people. No tables or chairs. 2.2.a START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:00 AM Jun 8, 2023 9:30 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:00 PM 1 $0.00 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 $0.00 Jun 11, 2023 8:00 AM Jun 11, 2023 9:30 PM 1 $0.00 Jun 12, 2023 8:30 AM Jun 12, 2023 9:00 PM 1 $0.00 Jun 13, 2023 8:30 AM Jun 13, 2023 8:30 PM 1 $0.00 Jun 14, 2023 8:00 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 17, 2023 2:00 PM Jun 17, 202310:00 PM 1 $0.00 Jun 18, 2023 8:00 AM Jun 18, 2023 9:30 PM 1 $0.00 Jun 19, 2023 8:30 AM Jun 19, 2023 9:30 PM 1 $0.00 Jun 20, 2023 8:30 AM Jun 20, 2023 8:30 PM 1 $0.00 Room 206 (Meeting) Center: FAC START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:00 AM Jun 8, 2023 8:00 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:00 PM 1 $0.00 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 $0.00 Jun 11, 2023 8:00 AM Jun 11, 2023 9:30 PM 1 $0.00 Jun 12, 2023 8:30 AM Jun 12, 2023 9:00 PM 1 $0.00 Jun 13, 2023 8:30 AM Jun 13, 2023 8:30 PM 1 $0.00 Jun 14, 2023 8:00 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 18, 2023 8:00 AM Jun 18, 2023 9:30 PM 1 $0.00 Jun 19, 2023 8:30 AM Jun 19, 2023 9:30 PM 1 $0.00 Jun 20, 2023 8:30 AM Jun 20, 2023 8:30 PM 1 $0.00 Facility Notes Regular size tiled classroom with 12 tables and 30 chairs. Room has a sink, projector screen and black board. Holds 25 -30 people. Food/drink allowed. R..Center: START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX # R4749 Status Approved Packet Pg. 23 Jun 8, 2023 8:00 AM Jun 9, 2023 8:30 AM Jun 10, 2023 9:00 AM Jun 11, 2023 8:00 AM Jun 12, 2023 8:30 AM Jun 13, 2023 8:30 AM Jun 14, 2023 8:00 AM Jun 15, 2023 8:30 AM Jun 16, 2023 8:30 AM Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM Jun 18, 2023 8:00 AM Jun 19, 2023 8:30 AM Jun 20, 2023 8:30 AM Facility Notes For Gymnastics use only START DATE/TIME Jun 8, 2023 8:00 AM Jun 9, 2023 8:30 AM Jun 10, 2023 9:00 AM Jun 11, 2023 8:00 AM Jun 12, 2023 8:30 AM Jun 13, 2023 8:30 AM Jun 14, 2023 8:00 AM Jun 15, 2023 8:30 AM Jun 16, 2023 8:30 AM Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM Jun 18, 2023 8:00 AM Jun 19, 2023 8:30 AM Jun 20, 2023 8:30 AM Facility Notes For Gymnastics use only Jun 8, 2023 8:00 PM Jun 9, 2023 8:00 PM Jun 10, 2023 2:00 PM Jun 11, 2023 9:30 PM Jun 12, 2023 9:00 PM Jun 13, 2023 8:30 PM Jun 14, 2023 8:30 PM Jun 15, 2023 8:30 PM Jun 16, 2023 8:30 PM Jun 17, 2023 2:00 PM Jun 17, 2023 9:30 PM Jun 18, 2023 9:30 PM Jun 19, 2023 9:30 PM Jun 20, 2023 8:30 PM END DATE/TIME Jun 8, 2023 8:00 PM Jun 9, 2023 8:00 PM Jun 10, 2023 2:00 PM Jun 11, 2023 9:30 PM Jun 12, 2023 9:00 PM Jun 13, 2023 8:30 PM Jun 14, 2023 8:30 PM Jun 15, 2023 8:30 PM Jun 16, 2023 8:30 PM Jun 17, 2023 2:00 PM Jun 17, 2023 9:30 PM Jun 18, 2023 9:30 PM Jun 19, 2023 9:30 PM Jun 20, 2023 8:30 PM 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:00 AM Jun 8, 2023 8:00 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:00 PM 1 $0.00 # R4749 Status Approved Packet Pg. 24 Jun 10, 2023 9:00 AM Jun 11, 2023 8:00 AM Jun 12, 2023 8:30 AM Jun 13, 2023 8:30 AM Jun 14, 2023 8:00 AM Jun 15, 2023 8:30 AM Jun 16, 2023 8:30 AM Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM Jun 18, 2023 8:00 AM Jun 19, 2023 8:30 AM Jun 20, 2023 8:30 AM Facility Notes Not available to public START DATE/TIME Jun 8, 2023 8:00 AM Jun 9, 2023 8:30 AM Jun 10, 2023 9:00 AM Jun 11, 2023 8:00 AM Jun 12, 2023 8:30 AM Jun 13, 2023 8:30 AM Jun 14, 2023 8:00 AM Jun 15, 2023 8:30 AM Jun 16, 2023 8:30 AM Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM Jun 18, 2023 8:00 AM Jun 19, 2023 8:30 AM Jun 20, 2023 8:30 AM Facility Notes For Gymnastics use only Jun 10, 2023 2:00 PM Jun 11, 2023 9:30 PM Jun 12, 2023 9:00 PM Jun 13, 2023 8:30 PM Jun 14, 2023 8:30 PM Jun 15, 2023 8:30 PM Jun 16, 2023 8:30 PM Jun 17, 2023 2:00 PM Jun 17, 2023 4:00 PM Jun 18, 2023 9:30 PM Jun 19, 2023 9:30 PM Jun 20, 2023 8:30 PM END DATE/TIME Jun 8, 2023 8:00 PM Jun 9, 2023 8:00 PM Jun 10, 2023 2:00 PM Jun 11, 2023 9:30 PM Jun 12, 2023 9:00 PM Jun 13, 2023 8:30 PM Jun 14, 2023 8:30 PM Jun 15, 2023 8:30 PM Jun 16, 2023 8:30 PM Jun 17, 2023 2:00 PM Jun 17, 2023 9:30 PM Jun 18, 2023 9:30 PM Jun 19, 2023 9:30 PM Jun 20. 2023 8:30 PM 1 1 1 1 1 1 1 1 1 1 1 1 ATTENDEE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.2.a $0.00 $0.00 $0.00 $0.00 $0.00 N r $0.00 $0.00 L $0.00 Q r C $0.00 > W $0.00 C $0.00 C AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:00 AM Jun 8, 2023 8:00 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:00 PM 1 $0.00 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 $0.00 Jun 11, 2023 8:00 AM Jun 11, 2023 9:30 PM 1 $0.00 # R4749 Status Approved Packet Pg. 25 Jun 12, 2023 8:30 AM Jun 13, 2023 8:30 AM Jun 14, 2023 8:00 AM Jun 15, 2023 8:30 AM Jun 16, 2023 8:30 AM Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM Jun 18, 2023 8:00 AM Jun 19, 2023 8:30 AM Jun 20, 2023 8:30 AM Facility Notes For Gymnastics use only Jun 12, 2023 9:00 PM Jun 13, 2023 8:30 PM Jun 14, 2023 8:30 PM Jun 15, 2023 8:30 PM Jun 16, 2023 8:30 PM Jun 17, 2023 2:00 PM Jun 17, 2023 9:30 PM Jun 18, 2023 9:30 PM Jun 19, 2023 9:30 PM Jun 20, 2023 8:30 PM 1 1 1 1 1 1 1 1 1 1 2.2.a $0.00 $0.00 $0.00 $0.00 $0.00 N r $0.00 $0.00 L $0.00 Q r C $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:30 AM Jun 8, 2023 8:00 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:30 PM 1 $0.00 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 $0.00 Jun 11, 2023 9:00 AM Jun 11, 2023 9:00 PM 1 $0.00 Jun 12, 2023 9:00 AM Jun 12, 2023 8:30 PM 1 $0.00 Jun 13, 2023 8:30 AM Jun 13, 2023 8:30 PM 1 $0.00 Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 17, 2023 2:00 PM Jun 17, 2023 10:00 PM 1 $0.00 Jun 18, 2023 9:00 AM Jun 18, 2023 9:00 PM 1 $0.00 Jun 19, 2023 9:00 AM Jun 19, 2023 8:30 PM 1 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 8, 2023 8:30 AM Jun 8, 2023 8:00 PM 1 $0.00 Jun 9, 2023 8:30 AM Jun 9, 2023 8:30 PM 1 $0.00 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 $0.00 Jun 11, 2023 9:00 AM Jun 11, 2023 9:00 PM 1 $0.00 Jun 12, 2023 9:00 AM Jun 12, 2023 8:30 PM 1 $0.00 Jun 13, 2023 8:30 AM Jun 13, 2023 8:30 PM 1 $0.00 Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 # R4749 Status Approved Packet Pg. 26 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 Jun 18, 2023 9:00 AM Jun 18, 2023 9:00 PM 1 Jun 19, 2023 9:00 AM Jun 19, 2023 8:30 PM 1 Room 301 (Park) Center: FAC START DATE/TIME END DATE/TIME ATTENDEE Jun 8, 2023 9:00 AM Jun 8, 2023 8:00 PM 1 Jun 9, 2023 8:30 AM Jun 9, 2023 8:00 PM 1 Jun 10, 2023 9:00 AM Jun 10, 2023 2:00 PM 1 Jun 11, 2023 8:00 AM Jun 11, 2023 9:30 PM 1 Jun 12, 2023 8:30 AM Jun 12, 2023 9:00 PM 1 Jun 13, 2023 8:30 AM Jun 13, 2023 8:30 PM 1 Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 Jun 18, 2023 8:00 AM Jun 18, 2023 9:30 PM 1 Jun 19, 2023 8:30 AM Jun 19, 2023 9:30 PM 1 Jun 20, 2023 8:30 AM Jun 20, 2023 8:30 PM 1 Facility Notes Regular size classroom with laminate floor. No tables, chairs, shoes, food or drink allowed. Holds 20 people. Permission required to rent. 2.2.a $0.00 $0.00 AMT W/O TAX $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 13, 2023 9:00 AM Jun 13, 2023 8:00 PM 1 $0.00 Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 9:30 AM Jun 16, 2023 10:00 PM 1 $0.00 Jun 17, 2023 9:30 AM Jun 17, 2023 10:00 PM 1 $0.00 Jun 18, 2023 9:30 AM Jun 18, 2023 10:00 PM 1 $0.00 Jun 19, 2023 8:30 AM Jun 19, 2023 8:30 PM 1 $0.00 Resource level fees EPR Patio Center: Edmonds Plaza •.. $6,500.00 (Park) START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 9:30 AM Jun 16, 2023 10:00 PM 1 $0.00 Jun 17, 2023 9:30 AM Jun 17, 2023 10:00 PM 1 $0.00 Jun 18, 2023 9:30 AM Jun 18, 2023 10:00 PM 1 $0.00 Jun 19, 2023 8:30 AM Jun 19, 2023 8:30 PM 1 $0.00 # R4749 Status Approved Packet Pg. 27 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 17, 2023 2:00 PM Jun 17, 202310:00 PM 1 $0.00 Jun 18, 2023 9:00 AM Jun 18, 2023 9:00 PM 1 $0.00 Jun 19, 2023 9:00 AM Jun 19, 2023 8:30 PM 1 $0.00 Jun 20, 2023 8:00 AM Jun 20, 202310:00 PM 1 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 17, 2023 2:00 PM Jun 17, 202310:00 PM 1 $0.00 Jun 18, 2023 9:00 AM Jun 18, 2023 9:00 PM 1 $0.00 Jun 19, 2023 9:00 AM Jun 19, 2023 8:30 PM 1 $0.00 Jun 20, 2023 8:00 AM Jun 20, 202310:00 PM 1 $0.00 START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 14, 2023 8:30 AM Jun 14, 2023 8:30 PM 1 $0.00 Jun 15, 2023 8:30 AM Jun 15, 2023 8:30 PM 1 $0.00 Jun 16, 2023 8:30 AM Jun 16, 2023 8:30 PM 1 $0.00 Jun 17, 2023 9:00 AM Jun 17, 2023 2:00 PM 1 $0.00 Jun 17, 2023 2:00 PM Jun 17, 202310:00 PM 1 $0.00 Jun 18, 2023 9:00 AM Jun 18, 2023 9:00 PM 1 $0.00 Jun 19, 2023 9:00 AM Jun 19, 2023 8:30 PM 1 $0.00 Jun 20, 2023 8:00 AM Jun 20, 202310:00 PM 1 $0.00 Custom Questions QUESTION ANSWER Do you plan on serving alcohol at your event? No Deposit EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE # R4749 Status Approved Packet Pg. 28 Arts Fest 23 Edmonds Damage $1,000.00 Plaza Room Deposit - Banquet Room Payment Schedules DUE DATE AMOUNT DUE May 8, 2023 $6,500.00 X: Date: FAC (Frances Anderson Center) Mailing Address: 700 Main Street, Edmonds, WA 98020 Phone Number: (425) 771-0230 Fax Number: (425) 771-0253 Email Address: reczone@edmondswa.gov $0.00 $0.00 $0.00 Original Balance: $6,500.00 Current Balance: $6,500.00 AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE $0.00 $0.00 $6,500.00 X: Date: Edmonds Arts Festival Customer Type: Organization Customer ID: 25847 Mailing Address: P 0. Box 212, Edmonds, WA 98020 Authorized Agent Name: Barbara Norgaard-Reid Home Phone Number: (425) 334-2552 Email Address: bnorgaardreid@gmail.com # R4749 Status Approved Packet Pg. 29 2.2.b EVENT AGREEMENT THE CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for many years sponsored a public celebration honoring Independence Day — 4th of July through a parade and 5K race; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that it is in the public interest to participate in the sponsorship of such events by providing the consideration set forth in this Agreement in order to enhance the safety of the public celebrations for its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City 1.1 The City will provide the following spaces to be used by the Chamber: Use of City streets as diagrammed in Exhibit A - Parade Site Plan, for parade to occur on July 4, 2023. City will provide traffic barriers as identified in Exhibits A & B. The Edmonds Police and Public Works Departments will determine whether any changes to the Parade Site Plan map will be needed and will communicate any such changes to the Chamber no later than May 30, 2023. Use of Hazel Miller Plaza for small stage, amplified sound, and parade announcements throughout parade on July 4, 2023. Use of City Park Parking lot, parking spaces on 3rd Avenue and sidewalks as diagrammed in Exhibit C — Race Route, and Exhibit D — No Parking Map, for the 5 K race. The Edmonds Police and Public Works Departments will determine whether any changes to the Race Route or No Parking maps will be needed and will communicate any such changes to the Chamber no later than May 30, 2023. The City will provide a flatbed truck provided by facilities to be used as an elevated platform for parade announcements and amplified sound. Vehicle to be delivered and parked by City Staff; Chamber staff will not operate the vehicle. Cd 0 r r N N LL Packet Pg. 30 2.2.b 1.2 The City will waive fees for the Parade Permit Fee. 1.3 The City will authorize a maximum of five (5) stationary self-contained vendors on closed sections of 5th or Main Streets off the parade route. No vendors will be authorized along the parade route. Vendors will operate at specified locations and will not block entrances or fire hydrants. Vendors must be self-contained; no power hookups are available for vendors. Vendors are responsible for having appropriate permits and for compliance with all local and state requirements. 2. Responsibilities of the Chamber. 2.1 The Chamber will assume all responsibility for coordination of the 4th of July Parade, including but not limited to hiring off -duty police officers to police the route and assuring that all participants are informed of and abide by the parade rules to ensure that no participants draw people viewing the parade onto the parade route. 2.2 The Chamber will assume all responsibility for coordination of the 5K race, including but not limited to ensuring that the flow of traffic is not disrupted on City Streets and that volunteers are stationed at crosswalks to ensure runner safety. 2.3 The Chamber shall notify Community Transit of activities that may impact transportation services in Edmonds. 2.4 The Chamber will utilize the barricades and detour signs provided by the City and position them at their assigned locations at 6:00 am, July 4, 2023. 2.5 The Chamber will not illegally discriminate in the provision of either event or in their entrance requirements against any person or organization in violation of state or federal statute or local ordinance. 2.6 The Chamber agrees that the 4th of July celebration is a public event. The Chamber further agrees that areas constituting the City -Provided sites that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, the Chamber will permit citizens attending events open to the general public at the City -Provided sites during the 4th of July celebration to exercise therein their protected constitutional right to free speech without interference on City Property. 2.7 Permits: The Chamber will be responsible for obtaining all required city and state permits. The Chamber will submit all required application(s) for the Parade Permit provided for by this Agreement. 2.8 The Chamber will obtain ASCAP and any other copyright licenses necessary. 2.9 The Chamber will provide sufficient portable sani-cans and wash stations along the parade route. Cd 0 r N N LL N a Packet Pg. 31 2.2.b 2.10 The Chamber will provide for security along the parade and race routes. 2.11 The Chamber will provide signs one (1) week prior to the event to indicate that chairs cannot be placed early. Signs must be laminated, no exceptions. 2.12 The Chamber will provide 60 "no parking" signs one (1) week prior to the event. 2.13 The Chamber agrees to consult with the City Electrician and Parks Maintenance Manager before installing any electrical service or stakes in the ground. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. It is not allowed to fasten anything to the buildings, structures or trees; doing so may result in damage cost recovery and /or fine. City staff will coordinate any utility locates. 2.14 The Chamber will comply with all applicable South County Fire guidelines, including the "Food Trucks and Special Events Standard" and "Food Vendor & Festival Requirements" set forth in Exhibit E, attached hereto and incorporated herein by this reference. 2.15 To comply with Chapter 6.80 of the Edmonds City Code (ECC) ("Plastic Bag Reduction"), which restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.16 To comply with RCW 70.93.093, concerning event recycling. The Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.14, below). 2.17 To comply with Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City. The Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during each event. A Chamber Cd 0 r N as LL Packet Pg. 32 2.2.b representative will meet with the City's Recycling Coordinator or representative prior to June 5, 2023, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage. 2.18 To comply with Chapter 70.160 RCW (hereinafter the "smoking ban") pursuant to which smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the event or of the contracting organization are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the event described in this Agreement. 2.19 Clean -Up: The Chamber will be responsible for clean-up of the parade and race routes to include staging areas as follows: 2.19.1 To restore all public spaces to their original condition, including removing and disposing of any and all litter and trash to the size of a cigarette butt, °d, including metal and litter debris, equipment, and any and all other items made necessary by or used in the provision of this event. c r 2.19.2 Pick up all trash and remove all items and equipment related to the 4th of July Parade and 5K race by 5:00 pm on July 4, 2023. N N 2.19.3 To return all event barricades, if applicable, to original locations at the end LL N of the parade, exact locations to be determined by the Streets Department. a 2.20 Insurance: The chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products - completed operations and contractual liability. The City of Edmonds will be named as an additional insured on the Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance coverage will be primary insurance as respect the City of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the City of Edmonds will be excess of the Chamber's insurance and will not contribute with it. 4 Packet Pg. 33 2.2.b The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. 2.21 Indemnification: The Chamber shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Chamber and the City, its officers, officials, employees, and volunteers, the Chamber's liability hereunder shall be only to the extent of the Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Chamber's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 3. Miscellaneous. 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to pandemic -related restrictions, fire, flood, strike or other labor difficulty, act of nature, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 5 Packet Pg. 34 2.2.b 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with Laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Chamber will consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. DATED this day of , 2023. CITY OF EDMONDS: GREATER EDMONDS CHAMBER Mike Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney OF COMMERCE: Ryan Crowther, President and CEO Cd Packet Pg. 35 2.2.b Exhibit A Parade Site Plan 4th of J u ly Caspers St edmonds parades = LOCAL �X-X .,... 10 Access � v tiJ Gilmer Ln ONLY z X X Street Closures yac' vista PI Gam - 4pm Sater Ln O Public Restrooms Main Parade ,�� Aloha St Q Registration rya Carol Yda� Staging Area Route Q� Glen St 'x 4aa X Children's Parade z Registration * le ODatey St xDaley St. +, Staging Area n Route Jr''6n e' prague St '=r 11prague St Jc = n X co aP ay ar z > a`o� � tic ae a� y k = Bell St { �C + > r r� 'BPS St ¢ Main St 44ain St Parking (Library) non St Dayton St X X X +♦+ ayton St X Dayton St m n� X.j CL o n a C L N "aple St Maple St Xv) X n, Alder it X Ider St Alder St X X eck Ln X Walnut St X +++ Walnut St w X CL Shelleberger n Holly Dr Creek Howell Way Xx' . Spruce St HomelanO� c �. Go gle ray Maps < m n rn Hemlock St 7 Packet Pg. 36 2.2.b Exhibit B City / Streets Closures Map f x � � 6 r5 r� "L�Y..i �', 1- jfi F 0 0.0350.07 22 I 0.14 0.21 0.28 m Miles 8 Packet Pg. 37 2.2.b Exhibit C Race Route 'qF4 F iarsl' Marina ach Park Edmonds, A 98020 is Avenue South Point ..z owl: ■ Fprgyth Ln # 5 Belle Cade Rd a.6 flilCs Beat Brackett 5K Baby Brackett 1 K 1 hr 3 min -- s:� r1� a - s, 40 O ��`� 22400-22798 O Woodwa Dogwood Lane 0 � F I' 0 p O 22! b Deer Creek Woodway, WA 980201 0 # Sherwood 19 Y Elementary School Deer Creek Park 1p, V* 9 Packet Pg. 38 2.2.b Exhibit D No Parking Map for Race Start/Finish ti Keelsa Cl hell�berger C.D, ;Ace Edmcnds E Creek Kardw edmonds CHAMBER OF COMMERCE Baet Brackett 5k J lk M1wr1i8#urp5 & MOrB Street Closures Barkada Edmonds Edmond* City Park Err Nar Homes NYC! 9 Erbil n df No parking Gam -11am {both sides of street) *Chamber HQ phre St O ►.7 L� a Rich Rl D Loan OFfictr NMLS 0146, Name,., Construc#Ion, Inr, 9 9 Flr PI Shamrock Plaza Cando CL x� D EJ rn St 0 N C d aEi a r a� w c 0 w a� R H 06 3 4- 0 r fC > N U- N r L a c a� (D L Q aD w M N O N C >_ t 0 Cu Q 10 Packet Pg. 39 Exhibit E !IR 1� FOOD TRUCKS AND SPECIAL EVENTS STANDARD BUSINESS LICENSE ❑ All food trucks are required to obtain a business license unless they are part of a special event in which case they are covered under the special event. FIRE LANE ❑ A MINIMUM 20-foot Fire Lane must ALWAYS be maintained for emergency vehicle access ❑ Unobstructed access to fire hydrants and FDCs shall always be maintained. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) TENTS AND OTHER MEMBRANE STRUCTURES ❑ All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. Exceptions are: a. Limited in size to 120 square feet; b. Occupancy is limited to 10 persons or less; c. Minimum of 12 feet seperation between the canopy and the building (including any overhang or canopy); and Cl. No open flame or cooking is associated with the use of the canopy. ❑ Tents shall be 400 square feet or less, or an additional permit maybe required. The aggregate area of multiple tents placed side by side shall not exceed 700 square feet without having a 12-foot fire break. Break may be reduced to 10 feet with the approval of the fire official. Smoking shall not be permitted in tents or membrane structures. (IFC 3104.6) ❑ Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. SOUTH COUNTY FIRE 12425 Meridian Avenue South, Everett, WA 98208 (425) 551-1264 I Prevention@SouthSnoFire.org SERVING THE CITIES OF • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE 2.2.b Packet Pg. 40 2.2.b ❑ Maintain a minimum of 20 feet separation between rows of vendor booths, and a minimum of 20-foot-wide emergency apparatus access from parking area into vendor and stage area. HOOD AND FIRE EXTINGUISHERS ❑ A MINIMUM OF ONE 2A10BC PORTABLE FIRE EXTINGUISHER is required in all trucks and food vendor tents, with current annual inspection/service tag attached, and appropriately mounted. KEEP FIRE EXTINGUISHERS ACCESSIBLE AND CONSPICUOUS with no more than 75 feet of unobstructed travel distance. ❑ Trucks and food vendor tents with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. ❑ Hood suppression systems must have current inspection documentation (within 6 months) and shall be UL300 Compliant. ❑ Hood suppression systems must have current cleaning inspection documentation. ❑ NO CANDLES or open flame devices like Tiki torches shall be allowed. ❑ NO FLAMING FOOD shall be allowed. ❑ ALL COMBUSTIBLE MATERIALS shall be kept away from heat sources. ❑ NO COOKING APPLIANCES/HEAT SOURCES will be within physical reach of the general public. ❑ COOKING OIL STORAGE CONTAINERS within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. ELECTRICAL CORDS ❑ Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. ❑ All cords shall be free of splices, cuts or breaks in outer sheathing. ❑ UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. ❑ See "Generators" below South County Fire — Food Trucks and Special Events Standard 2021 Page 2 of 3 Packet Pg. 41 2.2.b RUBBISH ❑ Keep combustible rubbish in closed containers. ❑ Cardboard boxes are rubbish, not rubbish containers. ❑ Rubbish containers larger than 40 gallons must be labeled "Fire -Resistive". FUEL USE AND STORAGE ❑ All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. ❑ Storage tanks/cylinders must remain upright, so pressure relief valve is in vapor space. ❑ MANUAL SHUTOFF VALVES ON GAS LINES ARE REQUIRED AT THE POINT OF USE AND AT THE SUPPLY. ❑ The maximum aggregate capacity of LP -gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. ❑ The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. ❑ LP -gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP -gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. ❑ No smoking in or around cooking/fuel use or storage areas GENERATORS ❑ No generators are allowed unless they are part of the food truck fuel system or fueled by LP/CNG. NO GASOLINE GENERATORS WILL BE PERMITTED. South County Fire — Food Trucks and Special Events Standard 2021 Page 3 of 3 Packet Pg. 42 2.2.b South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers c - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached. E - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service LU w tag attached. - Hood suppression systems MUST have current inspection documentation. - Keep fire extinguishers accessible and conspicuous. 08 Cooking 21 - No candles or open flame devices like tiki torches. - No flaming food. O - Barbecue pits need a 10' separation from combustibles and portable FIE. :t - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any combustible material and shall be placed on a non-combustible surface. >_ - All combustibles shall be kept away from heat sources. W - No cooking appliances/heat sources will be within physical reach of the general public. u_ Electrical Cords Q - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. W E - All cords shall be free of splices, cuts or breaks in outer sheathing. W - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. `n Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. Rubbish - Keep combustible rubbish in closed containers. - Cardboard boxes are rubbish/not rubbish containers. - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal. ' Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrict1.org Packet Pg. 43 I 2.2.b I ,a`oRo CERTIFICATE OF LIABILITY INSURANCE DATE IN 03/07/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE! BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Carol DuClos Scott M. Campbell PHONE FAX 600 Main Street, Ste. AWC, C No, Ext: (425) 775-6446 A/C No): (425) 640-922° E-MAIL ADDRESS: info@insuranceservicesgroup.com Edmonds WA 98020 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Western National Mutual Insuranc INSURED (425) 670-1496 Greater Edmonds Chamber of Commerce 121 5th Ave N Edmonds WA 98020 INSURER B INSURER C : INSURERD: INSURER E, INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 9911 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SUBD R WVD POLICY NUMBER /YPOLICY EFF MM/DDYYY POLICY EXP /Y MM/DDYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C CLAIMS -MADE � OCCUR Y CPP1295831-00 09/01/2022 09/01/2023 FRMMSES AGE ToEaoccurRENTEence $ 100,00( MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000100C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( POLICY PRO ❑ LOC JECT X PRODUCTS-COMP/OPAGG $ 2,000,00C $ OTHER: AUTOMOBILE LIABILITY CO MBINED SINGLE LIMIT Ea accident $ 1, 000 , 00C BODILY INJURY (Per person) $ A ANY AUTO CPP1295831-00 09/01/2022 09/01/2023 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB1049812-00 09/01/2022 09/01/2023 EACH OCCURRENCE $ 2,000,00C AGGREGATE $ 2 , 000 , OOC EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: 4th of July Main Parade & Children's Parade, Beat Brackett 5k/lk Time: July 4, 2023. Set-up & breakdown 6am - 4pm. Actual events = 8am-2pm Location: 6th & Main to 4th & Daley, Downtown Edmonds, WA City of Edmonds & the Town of Woodway as Additional Insured if required by written contract per form CG MU 1078 06 22 sent with this Certificate. CERTIFICATE HOLDER CANCELLATION Q SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. 121 5th Ave N AUTHORIZED REPRESENTATIVE Edmonds WA 98020 (`^" © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 44 Page 1 of 1 2.2.c EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND GREATER EDMONDS CHAMBER OF COMMERCE August 10 —14, 2023 THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the GREATER EDMONDS CHAMBER OF COMMERCE (hereinafter referred to as the "Chamber") (collectively, the "Parties"). WHEREAS, the Chamber has for a number of years sponsored a public event known as Taste Edmonds and proposes to do so again in 2023; and WHEREAS, the City Council finds that Taste Edmonds provides distinct benefits to local w businesses and helps raise necessary funding to support events such as Car Show, Halloween, 4th of July and the Holiday Tree Lighting, while providing a unique recreational opportunity for its citizens; and ~ 0a WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; and c z WHEREAS, the City Council finds that the considerations the City provides are more than M adequately recompensed by the promises of the Chamber and the public benefit to be derived from y this Agreement; U. NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances a set forth below, the Parties hereto agree as follows: W 1. Responsibilities of the City (certain Chamber obligations included). 1.1 The City will provide use of the Frances Anderson Center playfield, and plaza outside the plaza room, parking lot west of Frances Anderson Center (FAC) (between FAC & Library) bandshell and plaza area behind the bandshell, Room 301, 8th Avenue between Main Street and Dayton Street, parking spaces on the North side of Dayton (See Exhibit A attached hereto and incorporated herein by this reference) (hereinafter referred to as the "City -Provided Site") for use as the venue for Taste Edmonds (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 The City grants the Chamber the exclusive use of the parking lot between the Anderson Center and the Edmonds Library for permit parking from August 11-13, 2023; provided, however, that the Chamber will provide nine (9) parking permits and marked stalls for Library staff/patrons, which include three (3) handicapped parking stalls. The Dayton Street book drop and the Library receiving area must remain open at all times. The City will provide official handicapped parking signs as identified in Exhibit A. Packet Pg. 45 2.2.c 1.1.2 No Parking Signs placed on the West Side of 8 h Avenue and on Dayton by Monday, August 7, 2023 at 8:00 a.m. 1.1.3 The Event setup will begin on Thursday, August 10, 2023, at 8:00 a.m. Barricades, ADA and loading zone signs to be in place at 8:00 a.m. 1.1.4 The Event will run from 2:00 p.m. to 10:00 p.m. Friday, August 11, 2023; 2:00 p.m. —10:00 p.m. Saturday August 12, 2023 and 2:00 p.m. — 8:00 p.m. on Sunday, August 13, 2023. 1.1.5 All surfaces listed will remain available to the Event until final cleanup, to be completed by Monday, August 14, 2023, at 12:00 p.m. 1.1.6 The City will designate five (5) additional handicapped parking spaces to be located along Dayton Street near the Event entrance (See Exhibit A). 1.2 The City may sprinkle the field prior to the Event to reduce dust. The playfield irrigation system will be turned off by 8:00 a.m. on August 9, 2023. The Chamber may cover the infield dirt with a tarp but will not place tarps on the grass. 1.3 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Food Trucks and Special Events Standard" and "Food Vendor & Festival Requirements" set forth in Exhibit B, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit B and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.4 Edmonds Fire Marshal will inspect the facilities and all food trucks prior to the opening to the general public on or before 2:00 p.m., August 11, 2022, as the Parties will agree and note all potential problems. Prior to the opening of the Event, the Chamber will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.5 Alcohol may be served, so long as the Chamber obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least five (5) business days prior to the event, or as soon as the Chamber receives the licenses. 1.6 The City will provide safety barriers and road closure signs near the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit A: 2 Packet Pg. 46 2.2.c 1.6.1 8th Avenue at Main Street, to close 81h Avenue 1.6.2 8th Avenue at Dayton Street, to close 81h Avenue 1.7 The City will provide five (5) official handicapped parking signs and two (2) loading zone signs on Main Street and Dayton Street as identified in Exhibit A. In addition, the North side of Dayton from 8th Ave west to the ADA parking spot will be marked "No Parking" August 10, 2023 at 8:00 a.m. through August 14, 2023 at 12:00 p.m., as identified in Exhibit A. One "Local Access Only" sign will be provided for the corner of Dayton and 8th Avenue. 1.8 The City may, upon request by the Chamber, install Taste Edmonds street banners as provided by the Chamber at approved sites; provided that the Chamber obtains a Street Banner Permit and pays the required fee. 1.9 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits recommended by the Seattle King County Department of Health or levels set forth in Chapter 5.30 of the Edmonds City Code. 1.10 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or designee, and the President and CEO of the Chamber. 1.11 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. The City will provide signage for the on - site collection containers, and any additional containers, if needed. 1.12 The Chamber must supply power as needed. A Chamber representative and a City Public Works representative will meet prior to July 20, 2023, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department. Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Chamber. 1.13 The Chamber is not authorized to fasten anything to the buildings, structures or trees unless authorized first by the City Parks Department. Doing so may result in damage cost recovery and/or fine. 2. Responsibilities of the Chamber 2.1 Insurance: The Chamber will provide a Certificate of Insurance evidencing the following insurance: General Liability insurance will be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 covering premises, operations, products -completed operations and contractual liability. The City of Edmonds will be named as an 0a 0 z M d Packet Pg. 47 2.2.c additional insured on the Chamber's General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad coverage. The General Liability insurance will be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. The insurance policy will contain, or be endorsed to contain, that the Chamber's insurance coverage will be primary insurance as respect the city of Edmonds. Any insurance, self-insurance, or self -insured pool coverage maintained by the city of Edmonds will be excess of the Chamber's insurance and will not contribute with it. In the event that the Chamber's employees and/or volunteers provide the service ofWo alcohol at the event, the Chamber's General Liability insurance will also include host E liquor liability coverage. However, if the Chamber contracts with a third -party vendor or vendors to provide all service of alcohol, the Chamber will be responsible for obtaining a Certificate of Insurance from all vendor(s) confirming that the vendor(s) have Liquor Liability coverage, with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate per vendor. The City will be named as an additional 0, insured on any third -party vendor(s)' Liquor Liability policies and copies of all endorsement(s) naming the City as an additional insured will be attached to the c Chamber's Certificate of Insurance. The Chamber will provide a Certificate of Insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than ANII. U. 2.2 The Chamber agrees that Taste Edmonds is a public event. The Chamber further a agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. E As a result, the Chamber will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected a constitutional right to free speech without interference in a designated free speech zone that does not violate fire and ADA codes. W 2.3 The Chamber will provide security services necessary during the day time hours (day time hours being defined as those hours which the Event is in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. 2.4 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Chamber will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. Packet Pg. 48 2.2.c 2.4 Pursuant to the provisions of RCW 70.93.093 concerning event recycling, the Chamber will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass and plastic bottles and other recyclable materials from Event participants. The Chamber will be responsible for providing recycling, compost, and garbage collection and removal services (see also Section 2.5, below). 2.5 Pursuant to the provisions of Chapters 6.90 ("Noncompostable Food Service Containers Prohibition") and 6.95 ECC ("Single -Use Plastic Utensils — Prohibition"), which prohibit the use of non-compostable food service containers and single -use plastic utensils (such as plastic straws, stirrers and cutlery) at public events requiring a contract with the City, the Chamber will ensure that food vendors at this public event provide only compostable food service containers and utensils, as defined in Chapters 6.90 and 6.95 ECC, to Event participants. Aluminum and steel cans, plastic bottles and certain plastic cups that are accepted as recyclable continue to be acceptable for vendor use. The Chamber will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded collection containers. The Chamber will ensure that on -site collection containers are serviced properly and continually during the Event. A Chamber representative will meet with the City's Recycling Coordinator or representative prior to August 1, 2022, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from the garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.6 Indemnification: The Chamber shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Chamber and the City, its officers, officials, employees, and volunteers, the Chamber's liability hereunder shall be only to the extent of the Chamber's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Chamber's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 2.7 The Chamber may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, s Packet Pg. 49 2.2.c and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.8 Neither the Chamber nor any of its officers, agents, or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.9 The Parties acknowledge that, pursuant to the provisions Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the Chamber are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Chamber warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.10 The Chamber will post "NO DOGS" signs on the City -Provided Site per Chapter 5.05 of the Edmonds City Code ("Animal Control"). The Chamber will notify vendors of this requirement as part of their registration instructions, and also inform vendors that this requirement will be enforced. This provision will not apply to service animals for the disabled. 2.11 The Chamber will ensure that all vendors have the necessary state permits for serving and selling alcohol. The Chamber intends to allow Event attendees of all ages, and agrees to make its best effort to prevent service of alcohol to minors, including appropriate fencing around the Event, —posting security at the entrances of the and checking identification in accordance with common practice. Required fencing, is addressed at Section 2.17, below. 2.12 The Chamber will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.13 The Chamber agrees to the following general open hours of Taste Edmonds: Friday, August 11, 2023: 2:00 p.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. Saturday, August 12, 2023: 2:00 p.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. Sunday, August 13, 2023: 2:00 p.m. — 8:00 p.m. Last call 7:30 p.m., no service after 7:45 p.m. 2.14 The Chamber will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in 0a 0 z d Packet Pg. 50 2.2.c operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services nor will it be liable for any loss or damage incurred by the Chamber or the participants in the Event. 2.15 The Chamber will provide a fire watch for all times the Event is open to the general public. The Fire Marshal or representative may inspect the Playfield, plaza and Amphitheater with the Chamber CEO or designated representative, prior to 12:00 p.m., Friday, August 11, 2023. 2.16 The Chamber will provide a sufficient number of portable sani-cans and wash stations. 2.17 The Chamber will provide fence installation and removal at the Frances Anderson w Center to include along the center line of 81h Avenue for street closure, ensuring the y East side of the street remains available to local access and emergency vehicles in IM compliance with the fire lane requirements set forth in Exhibit B, and any Beer 0s Garden and Wine Garden fencing as required by law. 21 2.18 The Chamber is responsible for contracting with appropriate vendors for electrical z power. No power is available at the Frances Anderson Center field. 2.19 The Chamber will arrange for a walk-through with the City electrician and obtain approval for the accommodation of power and electricity needs. U. 2.20 Garbage service will be contracted and paid for by the Chamber. a 2.21 The Chamber will be responsible for restoring the City -Provided Site to its original condition including steam cleaning and pressure washing whenever required for all hard surfaces impacted by the Event. A Chamber representative will meet with a member of the City's Parks and Recreation Department prior to August 11, 2023 and on August 14, 2023 to inspect the City -Provided Site to document the "original" and "post event" conditions of the Frances Anderson Center outside areas. 2.22 Cleanup areas include the City -Provided Site as described in paragraph 1.1 and all streets immediately surrounding the Event perimeter. 2.23 All garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event will be picked up and removed by 12:00 p.m., Monday, August 14, 2023. 2.24 Damage Deposit: The Chamber will submit a cleaning/damage deposit of $1,500.00 to the City prior to Monday, July 11, 2023. The deposit will be refunded to the Chamber if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. Packet Pg. 51 2.2.c 2.25 Fees: The Chamber will pay the City $2,000 for the use of the City -Provided Site prior to Monday, July 11, 2023, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.26 Notices. All requests for additional services and concerns of the Chamber will be directed by the Chamber President to the City's designated representative, Parks Deputy Director 425-771-0232. 2.27 The Chamber will insure that: 2.27.1 Kilns, barbecues, forges and other sources of heat will be insulated from c turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat E producing appliances will be approved by the Fire Department and may require conditions w for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. M Oa 2.27.2 Vehicles will only be allowed on the grass areas to load and unload, with adjacent streets used for parking during the Event. 0 z 2.27.3 The Chamber will notify all individual residents of the affected areas of 81h Avenue and provide general notice to all the citizens of the closure of 8th Avenue. 2.27.4 Tents must be held down with sandbags and not stakes. Li 3. Miscellaneous Q 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force maleure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Chamber will be deemed to be the same of the City for Packet Pg. 52 2.2.c any purpose. The Chamber alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The Chamber in the performance of this Agreement will comply with all applicable Federal, State and local laws and ordinances, including all applicable public health and safety guidelines and all requirements of the federal government, the State of Washington, the Snohomish Health District, and the City. The Chamber will consult this information regularly during the course of the event to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Chamber will constitute a breach of this Agreement. In the event the Chamber fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Chamber violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Chamber twenty-four (24) hours' advance written notice, the City may terminate this Agreement. Provided, the Parks, Recreation & Cultural Services Director may order the Chamber to cease operation of the Event hereunder immediately at any time should the Parks, Recreation & Cultural Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Chamber will have no further rights hereunder, and the City may require the immediate removal of all property of the Chamber and its vendors from the City - Provided Site. DATED this CITY OF EDMONDS: day of Mike Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk 2023. GREATER EDMONDS CHAMBER OF COMMERCE: Ryan Crowther, President and CEO 9 Packet Pg. 53 2.2.c APPROVED AS TO FORM: Office of the City Attorney 06 0 r a� LL ,o Packet Pg. 54 2.2.c Exhibit A 2023 Taste Edmonds Site Plan & Traffic Control Plan e monds rig ti 2023 Layout *Internal layout of dining tents, restrooms, Kids Zone, etc. in development Event Entrance / Exit MOO IIIIIII ��" ii Food Vendors Staffed Emergency Exit (fence swings open 15') Pedestrian "corral" Barricade g Y g p Aid Car Access 6ft panel chain -link fence P No Parking Zone XN O N C O E t V R r Q Artist/Vendor Entrance Packet Pg. 55 Exhibit B !IR 1� FOOD TRUCKS AND SPECIAL EVENTS STANDARD BUSINESS LICENSE ❑ All food trucks are required to obtain a business license unless they are part of a special event in which case they are covered under the special event. FIRE LANE ❑ A MINIMUM 20-foot Fire Lane must ALWAYS be maintained for emergency vehicle access ❑ Unobstructed access to fire hydrants and FDCs shall always be maintained. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) TENTS AND OTHER MEMBRANE STRUCTURES ❑ All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. Exceptions are: a. Limited in size to 120 square feet; b. Occupancy is limited to 10 persons or less; c. Minimum of 12 feet seperation between the canopy and the building (including any overhang or canopy); and Cl. No open flame or cooking is associated with the use of the canopy. ❑ Tents shall be 400 square feet or less, or an additional permit maybe required. The aggregate area of multiple tents placed side by side shall not exceed 700 square feet without having a 12-foot fire break. Break may be reduced to 10 feet with the approval of the fire official. Smoking shall not be permitted in tents or membrane structures. (IFC 3104.6) ❑ Tents or membrane structures and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished to the fire code official on request. SOUTH COUNTY FIRE 12425 Meridian Avenue South, Everett, WA 98208 (425) 551-1264 I Prevention@SouthSnoFire.org SERVING THE CITIES OF • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE 2.2.c Packet Pg. 56 2.2.c ❑ Maintain a minimum of 20 feet separation between rows of vendor booths, and a minimum of 20-foot-wide emergency apparatus access from parking area into vendor and stage area. HOOD AND FIRE EXTINGUISHERS ❑ A MINIMUM OF ONE 2A10BC PORTABLE FIRE EXTINGUISHER is required in all trucks and food vendor tents, with current annual inspection/service tag attached, and appropriately mounted. KEEP FIRE EXTINGUISHERS ACCESSIBLE AND CONSPICUOUS with no more than 75 feet of unobstructed travel distance. ❑ Trucks and food vendor tents with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. ❑ Hood suppression systems must have current inspection documentation (within 6 months) and shall be UL300 Compliant. ❑ Hood suppression systems must have current cleaning inspection documentation. ❑ NO CANDLES or open flame devices like Tiki torches shall be allowed. ❑ NO FLAMING FOOD shall be allowed. ❑ ALL COMBUSTIBLE MATERIALS shall be kept away from heat sources. ❑ NO COOKING APPLIANCES/HEAT SOURCES will be within physical reach of the general public. ❑ COOKING OIL STORAGE CONTAINERS within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. ELECTRICAL CORDS ❑ Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. ❑ All cords shall be free of splices, cuts or breaks in outer sheathing. ❑ UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. ❑ See "Generators" below South County Fire — Food Trucks and Special Events Standard 2021 Page 2 of 3 Packet Pg. 57 2.2.c RUBBISH ❑ Keep combustible rubbish in closed containers. ❑ Cardboard boxes are rubbish, not rubbish containers. ❑ Rubbish containers larger than 40 gallons must be labeled "Fire -Resistive". FUEL USE AND STORAGE ❑ All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. ❑ Storage tanks/cylinders must remain upright, so pressure relief valve is in vapor space. ❑ MANUAL SHUTOFF VALVES ON GAS LINES ARE REQUIRED AT THE POINT OF USE AND AT THE SUPPLY. ❑ The maximum aggregate capacity of LP -gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. ❑ The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. ❑ LP -gas containers installed on the vehicle and fuel -gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP -gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. ❑ No smoking in or around cooking/fuel use or storage areas GENERATORS ❑ No generators are allowed unless they are part of the food truck fuel system or fueled by LP/CNG. NO GASOLINE GENERATORS WILL BE PERMITTED. South County Fire — Food Trucks and Special Events Standard 2021 Page 3 of 3 Packet Pg. 58 2.2.c South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers -0 w - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached. - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service N tag attached. - Hood suppression systems MUST have current inspection documentation. 06 - Keep fire extinguishers accessible and conspicuous. 3 Cooking 0 - No candles or open flame devices like tiki torches. t - No flaming food. - Barbecue pits need a 10' separation from combustibles and portable FIE. >_ - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any N W combustible material and shall be placed on a non-combustible surface. u_ - All combustibles shall be kept away from heat sources. - No cooking appliances/heat sources will be within physical reach of the general public. Q Electrical Cords - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. - All cords shall be free of splices, cuts or breaks in outer sheathing. - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. Rubbish - Keep combustible rubbish in closed containers. - Cardboard boxes are rubbish/not rubbish containers. - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal. ' Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrict1.org Packet Pg. 59 ,ac`oRo° CERTIFICATE OF LIABILITY INSURANCE Efc/13/2023 ( 2.2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Scott M. Campbell PHONE Carol DuClos FAX r 600 Main Street, Ste. A A/C No Ext: (425) 775-6446 A/C No: (425) 640-922° !_ com Edmonds WA 98020 INSURER(S) AFFORDING COVERAGE INSURER A: Western National Mutual Insuranc INSURED (425) 670-1496 INSURER B Greater Edmonds Chamber of Commerce INSURER C : 121 5th Ave N INSURERD: Edmonds WA 98020 INSURER E, INSURER F : COVERAGES CERTIFICATE NUMBER: Cert ID 9911 REVISION NUMBER: W E NAIC # W N L Q r C d W rn C O E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SUBD R WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00( CLAIMS -MADE � OCCUR Y CPP1295831-00 09/01/2022 09/01/2023 FRMMSES AGE ToEaoccurRENTEence $ 100,00C MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( POLICY PRO JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 21000100C $ OTHER: AUTOMOBILE LIABILITY CO MBINED SINGLE LIMIT Ea accident $ 1, 000 , 00C BODILY INJURY (Per person) $ • ANY AUTO CPP1295831-00 09/01/2022 09/01/2023 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR UMB1049812-00 09/01/2022 09/01/2023 EACH OCCURRENCE $ 2,000,00( AGGREGATE $ 2,000,00C EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ 10,00C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Liquor Liability 09/01/2022 09/01/2023 $ 1,000,00( $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: TASTE EDMONDS FESTIVAL Date: AUGUST 9, 2023 TO AUGUST 14, 2023 Location: Frances Anderson Center, 700 Main Street, Edmonds WA The below listed Certificate Holder is included as Additional Insured in regards to operations of the above Named Insured if required by written contract per policy form CG MU 1078 12 20. Q i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Q THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II City of Edmonds ACCORDANCE WITH THE POLICY PROVISIONS. 121 5th Ave N AUTHORIZED REPRESENTATIVE Edmonds WA 98020 L^" © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 60 Page 1 of 1 2.2.c COMMERCIAL GENERAL LIABILITY CG MU 1078 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Abduction Additional Insured — Broad Form Vendors Additional Insured — Lessor Of Leased Equipment Additional Insured — Managers Or Lessors Of Premises Additional Insured — State Or Political Subdivisions — Permits Additional Insureds By Written Contract Broad Form Property Damage Broad Knowledge/Notice Of Occurrence Damage To Premises Rented To You Designated Location(s) — General Aggregate Limit Employee Bodily Injury To A Co -Employee Insured Contract Amended Medical And Dental Payments Mobile Equipment Non -Owned Watercraft Occupational License Review Expense Property Damage Liability — Borrowed Equipment Property Damage Liability — Elevator And Sidetrack Agreement Supplementary Payments Increased Limits Bail Bonds Loss Of Earnings Per Day Unintentional Failure To Disclose Hazards Waiver Of Transfer Of Rights Of Recovery Against Others To Us Limit Of Insurance $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Included Included Included Included Included $25,000 Per Occurrence Included $300,000 Any One Premises Included Included Included $10,000 Medical Expense Limit Included 51 Feet $2,500 Per Review/$5,000 Aggregate $25,000 Occurrence/$50,000 Aggregate Included $2,500 $1,000 Included Included CG MU 1078 06 22 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 61 2.2.c The terms and conditions of this policy are amended as indicated below: I. Non -Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is re- sponsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is pri- mary, excess, contingent or on any other basis. In that case, this provision does not provide any insur- ance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to "Property Damage" to the premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as fol- lows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1 ,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 06 22 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 62 2.2.c VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a gov- ernmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupa- tional license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear be- fore the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occupational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or crimi- nal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupational license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regardless of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all covered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the li- cense review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as ex- pense for another "occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Li- ability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concur- rent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this cover- age. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 06 22 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 63 2.2.c 4. For the purposes of the coverage provided by this provision, the following are added under SEC- TION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Declarations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a govern- mental bureau, board, commission or department charged with regulating the "insured's" occu- pational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupational license or involving disciplinary action against the "insured", in- cluding proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this en- dorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the fol- lowing unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individuals)"; or b. Discovery of the death of the "Covered Individual (s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior consent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Indi- vidual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not ex- ceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate in- cluding the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual (s) until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individ- ual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 06 22 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Packet Pg. 64 2.3 City Council Agenda Item Meeting Date: 04/11/2023 Presentation of Water Quality Combined Financial Assistance Agreement between the State of Washington Department of Ecology and City of Edmonds (WQC-2023-Edmond-00101) Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History In 2022, the City secured a $500,000 Department of Ecology grant to aid in the purchase of an existing single family residential property located within the Lake Ballinger flood plain. The home is the lowest property on the lake and is badly damaged from previous flooding. Staff Recommendation Place item on consent agenda for approval. Narrative The City is considering the purchase of a vacant residential property at 7317 Lake Ballinger Way, which is located within the Lake Ballinger floodplain and is subject to seasonal flooding. The property, on the south shore of the lake, is currently owned by Jnati Investment LLC. After a thorough evaluation, the City would purchase the property, demolish the structures on site, and replant the wetlands with native vegetation. The property purchase and stewardship would be funded by the Ecology grant. Planning, due diligence, appraisal costs, demolition, restoration and construction management costs would be funded by the City's local match (Stormwater Utility Fund). Distribution of funding may be subject to change based upon the negotiated price for the property purchase. The City will develop a plan for a stormwater facility to treat runoff from Lake Ballinger Way (State Route 104) as a second phase of the project. Landau Environmental conducted a Phase I Environmental Site Assessment and a Hazardous Building Materials Survey of the property on March 28th. Initial findings determined that an above ground heating oil tank was removed from the house by the current owner. Lead paint was detected on the concrete entry floor and the exterior trim and asbestos was detected in the floor tiles in the family room. The final reports for the assessment and the survey will be submitted to the City the week of April 10th. An appraiser will be chosen from the City's Small Works roster to establish a starting point for the property purchase negotiations. Attachments: Attachment 1 - Agreement Attachment 2 - Property Location Packet Pg. 65 DEPARTMENT OF ECOLOGY State of Washington Agreement No. WQC-2023-Edmond-00101 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF EDMONDS This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Edmonds, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: 2.3.a 7317 Lake Ballinger Way Property Purchase, Demo and Restoration $719,100.00 $666,666.67 $500,000.00 $166,666.67 01/01/2023 12/31/2025 Nonpoint Source Activity Project Short Description: This project will provide funding to purchase a vacant single-family residential property (parcel 00488800702700) located within the Lake Ballinger floodplain and subject to seasonal flooding. Removal of the existing structure and any pollution generating surfaces from the site will restore the natural floodplain area and improve water quality in Lake Ballinger and downstream creeks. Project Long Description: This project will provide funding to purchase a vacant single-family residential property located at 7317 Lake Ballinger Way (parcel 00488800702700) that lies within the Lake Ballinger floodplain. The parcel is 0.55 acres and sits at the lowest elevation on the Lake adjacent to State Route 104. Before this project, the site included a partially demolished one-story single-family home (originally about 2,413 square feet), a 2-car detached garage, a paved driveway, and a patio. The parcel itself includes a Fish and Wildlife Conservation Area, a wetland, a frequently flooded area (FEMA Packet Pg. 66 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds Zone A floodplain), and a landslide and erosion hazard area. Lake Ballinger is an approximately 100-acre lake within the city of Edmonds, WA and city of Mountlake Terrace, WA. Seasonal flooding continues to reach the home and surrounding impervious areas, washing polluted material into floodwaters that drain to Lake Ballinger and downstream waterbodies, including McAleer Creek, Lake Washington, and, ultimately Puget Sound. This project will improve water quality in Lake Ballinger by acquiring parcel 00488800702700, removing the existing structures and any pollution -generating surfaces from the site, and restoring the natural floodplain area. After the agreement expires, the RECIPIENT intends to explore a future project to install a stormwater treatment facility on the parcel's limited buildable footprint to treat stormwater runoff from State Route 104. Overall Goal: This project will help protect and restore water quality in Washington state by removing the existing structure and pollution -generating material from the floodplain and adjacent buffers at 7317 Lake Ballinger Way, followed by restoring floodplain storage and habitat. Template Version 12/10/2020 Packet Pg. 67 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds RECIPIENT INFORMATION Organization Name: City of Edmonds Federal Tax ID: 91-6001244 UEI Number: NFIAQNT457R7 Mailing Address: 121 5th Ave N Edmonds, WA 98115 Physical Address: 121 5th Ave N Edmonds, Washington 98020 Organization Email: mike.delilla@edmondswa.gov Contacts Template Version 12/10/2020 Packet Pg. 68 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds Project Manager Billing Contact Authorized Signatory Henry Schroder Capital Projects Manager 121 5th Avenue N Edmonds, Washington 98020 Email: henry.schroder@edmondswa.gov Phone: (425) 361-8825 Henry Schroder Capital Projects Manager 121 5th Avenue N Edmonds, Washington 98020 Email: henry.schroder@edmondswa.gov Phone: (425) 361-8825 Mike Nelson Mayor 121 5th Ave N Edmonds, Washington 98020 Email: michael.nelson@edmondswa.gov Phone: (425) 771-0220 2.3.a Template Version 12/10/2020 Packet Pg. 69 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Julia Stinson Ebert Project Stormwater/Nonpoint Project Manager Manager PO Box 330316 Shoreline, Washington 98133-9716 Email: JSEB461@ecy.wa.gov Phone: (425) 651-9046 Financial Manager Technical Advisor Tamara Cowles PO Box 47600 Olympia, Washington 98504-7600 Email: TAC0461@ecy.wa.gov Phone: (564) 669-3005 Tony Whiley PO Box 47600 Olympia, Washington 98504-7600 Email: twhi461@ecy.wa.gov Phone: (360) 463-9653 Template Version 12/10/2020 Packet Pg. 70 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology By: Vincent McGowan, P.E. Water Quality Program Manager Template Approved to Form by Attorney General's Office Date City of Edmonds By: Mike Nelson Mayor Date Template Version 12/10/2020 Packet Pg. 71 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds SCOPE OF WORK Task Number: 1 Task Cost: $0.00 Task Title: Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, Recipient Closeout Report, and two -page outcome summary report. * Properly maintained project documentation. Grant and Loan Administration Deliverables Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) Template Version 12/10/2020 Packet Pg. 72 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds SCOPE OF WORK Task Number: 2 Task Cost: $166,666.67 Task Title: Planning, Appraisal, and Due Diligence Task Description: A. The recipient will coordinate the preparation and submittal of State Environmental Policy Act (SEPA) review and documentation. B. An Ecology Cultural Resources Review Form and an Inadvertent Discovery Plan (IDP) for each project site. The RECIPIENT will not initiate any work on the project site or proceed to acquisition until consultation is completed and a written notice to proceed is received from ECOLOGY. C. The RECIPIENT shall inspect, investigate, and conduct an environmental review that includes the Property Assessment Checklist and Hazardous Substances Certification of the proposed acquisition site for the presence of hazardous substances as defined in RCW 70.105D.020(13). If hazardous substances are found, refer to Section 2 of the Special Terms and Conditions of this agreement. D. The RECIPIENT shall obtain an appraisal from a State Certified General Real Estate Appraiser and submit a copy for ECOLOGY review. The appraisal report must comply with the Uniform Standards of Professional Appraisal Practice (USPAP) and may not be a restricted -use report. Appraisals for state -funded grant projects are considered valid for one year from the effective or valuation date of the appraisal. Appraisal instructions are available on Washington State Recreation and Conservation Office's Website (rco.wa.gov). The appraisal must comply with the Uniform Standards of Professional Appraisal Practice (USPAP) and may not be a restricted -use report. E. The RECIPIENT will obtain an independent review of the appraisal to confirm the value of record. F. The RECIPIENT will submit a preliminary title report that identifies encumbrances, and the type of ownership interest for the property that will be acquired, and will include a boundary map. The RECIPIENT will purchase and submit the title insurance policy. G. The RECIPIENT will negotiate terms of sale of the property with JNATI Investment LLC. The RECIPIENT agrees to respond to ECOLOGY comments prior to executing the terms of sale with the landowner. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement. H. The RECIPIENT will complete a baseline inventory prior to closing. The inventory will follow the requirements outlined in the Recreation and Conservation Office (RCO) Manual 3, Appendix F. The inventory will include a narrative description of existing structures and all records relating to sewer connections or on -site sewage system(s). I. The RECIPIENT will develop a Stewardship Plan to ensure meeting the project objectives of floodplain restoration, and maintaining and monitoring the site for at least 10 years from the project agreement completion date. The RECIPIENT will submit a draft to the ECOLOGY Project Manager for review and approval prior to implementation. The plan must describe goals, strategies, estimated budgets and funding sources for all short and long-term intended uses and planned activities for the Template Version 12/10/2020 Packet Pg. 73 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds property and all structures. All intended uses must meet eligibility criteria of the Funding Guidelines State Fiscal Year 2023 and will include structure removal and installation of native plants and erosion control seeding. Task Goal Statement: The RECIPIENT will complete all environmental review, permitting, and due diligence and respond to Ecology comments in a timely manner during the negotiations of the terms of sale with JNATI Investment LLC. Task Expected Outcome: The final outcome of this task will be the negotiation of mutually acceptable terms for the sale of property or a conservation easement in order to protect water quality in Lake Ballinger. Template Version 12/10/2020 Packet Pg. 74 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds Planning, Appraisal, and Due Diligence Deliverables Number Description Due Date 2.1 Copy of SEPA determination documentation. Upload to EAGL and notify ECOLOGY when upload is complete. 2.2 Landowner Acknowledgment Form, signed by JNATI Investment LLC, Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.3 Cultural resources review requirements. Email the Ecology Cultural Resources Review Form and any supplemental cultural resource documentation, including surveys, to the ECOLOGY PM. Upload an IDP for each site to EAGL, prior to project acquisition or site work (do NOT upload any other cultural resources related documents to EAGL). 2.4 Inadvertent Discovery Plan. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.5 Hazardous Substances Certification and Environmental Site Assessment. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.6 Appraisal from a State Certified General Real Estate Appraiser. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.7 Independent review of the appraisal. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.8 Preliminary Title Report that shows the type of ownership interest and boundary map for the property that will be acquired. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.9 Title Insurance Policy. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.10 Draft purchase agreement. Email to ECOLOGY Project Manager for review and approval. Upload final copy to EAGL and notify ECOLOGY Project Manager upon completion. 2.11 Baseline inventory. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 2.12 Stewardship Plan. Email draft to ECOLOGY Project Manager for review and approval. Upload final copy to EAGL and notify ECOLOGY Project Manager upon completion. Template Version 12/10/2020 Packet Pg. 75 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 1 Recipient Name: City of Edmonds SCOPE OF WORK Task Number: 3 Task Cost: $500,000.00 Task Title: Property Purchase and Stewardship Task Description: A. The RECIPIENT will acquire the property and ensure that property records and conveyance documents (e.g. deed, easement, deed of right) are recorded in the RECIPIENT's name and with the county auditor's office. The RECIPIENT understands that the purchase price of the property shall not be reimbursed by ECOLOGY prior to receipt of documentation of sale. The property must be deed -restricted to ensure that it remains in use for water quality purposes outlined in this agreement, and is not modified to another use without approval from ECOLOGY. The RECIPIENT will provide a copy of the recorded documents to ECOLOGY. B. The RECIPIENT will complete and submit a Water Quality Deed of Right for ECOLOGY review and notarized signature, using a template provided by ECOLOGY (or equivalent document). The Deed of Right will include the legal description of the real property rights purchased with funding assistance provided through this agreement, as well as duties and responsibilities to uphold the purpose of protecting, restoring, or enhancing natural conditions to improve water quality, in perpetuity. The RECIPIENT will record the notarized Water Quality Deed of Right with the county assessor's office and upload a copy to EAGL. C. The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY Project Manager. Task Goal Statement: The property will be purchased and managed for the protection of water quality, in perpetuity. Task Enected Outcome: Parcel number 00488800702700 will be purchased for water quality protection. A Stewardship Plan will guide future water quality protection activities on the property. Property Purchase and Stewardship Deliverables Number Description Due Date 3.1 Deed. Upload copy of signed and recorded document to EAGL. 3.2 Water Quality Deed of Right. Submit to ECOLOGY Project Manager for review and approval. Upload final recorded copy to EAGL. Template Version 12/10/2020 Packet Pg. 76 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds SCOPE OF WORK Task Number: Task Title Task Cost: $0.00 Demolition and Restoration Implementation Task Description: A. The RECIPIENT will complete the following planning activities and submit all required documents to the ECOLOGY Project Manager (PM) for review and approval, and upload to EAGL, prior to signatures (where required) and beginning work at each site: 1. All permitting and State Environmental Policy Act (SEPA) required by federal, state, and local laws and ordinances and documentation that these requirements have been met. 2. A Stewardship Plan, for all work implemented at each site using a template approved by the ECOLOGY PM for Deliverable 2.12. This Plan will include floodplain and buffer restoration, erosion control seeding, maintenance and monitoring of installed riparian vegetation short-term (5 year minimum) and long-term (I0-yearminimum) activities after implementation. An ECOLOGY BMP Approval Form for each site where BMPs will be installed. The form will include, or be submitted with, all site -specific plans/designs, maps, and other supporting documents. B. The RECIPIENT will develop a Project Design Package. Projects must be designed in accordance with Integrated Streambank Protection Guidelines, 2002. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload a digital copy of the items listed below to EAGL for ECOLOGY review. Ecology review may take up to 45 days. Reduce design figures to 11x17 inches in size and ensure they are legible. 1. The RECIPIENT will submit a digital copy of the Final Bid Package to ECOLOGY for review and acceptance prior to advertising the project. The Final Bid Package includes: project plans, specifications, site plan, engineer's opinion of cost including a schedule of eligible costs, and project schedule. C. The RECIPIENT will restore 0.55 acres of floodplain and riparian buffer that comply with the requirements found in Appendix J of the SFY2023 Funding Guidelines. D. The RECIPIENT will conduct project effectiveness monitoring and provide appropriate maintenance in accordance with the Stewardship Plan to meet the outcome objectives of the Project Design Package and Stewardship Plan. The RECIPIENT will report the outcomes of planting toward meeting objectives in progress reports and the Recipient Close Out Report (RCOR) (Task 1). Task Goal Statement: The task goal is to remove the existing structure and pollution -generating impervious surfaces prior to restoring the parcel with vegetation to control erosion. Task Expected Outcome: • One parcel with all structures demolished Template Version 12/10/2020 Packet Pg. 77 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds • 0.55 acres of floodplain and buffer restoration. Demolition and Restoration Implementation Deliverables Number Description Due Date 4.1 Design Contract documents. Upload to EAGL and notify ECOLOGY PM when upload is complete. 4.2 Required permitting. Upload documentation to EAGL that shows all permit requirements are met for each site, prior to project installation. 4.3 BMP Approval Form. Complete and submit to the ECOLOGY PM for each implementation site with associated site plans, maps, and supporting documentation. Upload an approved, signed copy to EAGL, prior to BMP installation. 4.4 Metric tracking. Include locations, number of acres, and number of landowners, and BMP type in the Recipient Close Out Report. 4.5 F000dplain and buffer restoration implementation. Conduct invasive weeds control and install native floodplain plants and erosion control seeding across approximately .55 acres. Report progress in progress reports and final results in the Recipient Close Out Report (RCOR), Task 1. 4.6 Vegetation monitoring and maintenance. Provide appropriate monitoring and maintenance to achieve objectives for percent survival, or density, (or other objective as identified in plan). Provide monitoring and maintenance results in progress reports and final plant survival and density in the RCOR (Task 1). 4.7 Final Bid Package. Upload to EAGL and notify ECOLOGY PM when upload is complete. 4.8 Responses to ECOLOGY Final Bid Package comments. Upload to EAGL and notify ECOLOGY PM when upload is complete. 4.9 Ecology Final Bid Package Acceptance Letter. Upload to EAGL and notify ECOLOGY PM when upload is complete. 4.10 Bid documents (e.g. bid announcement, bid tabulations, and bid award). Upload to EAGL and notify ECOLOGY when upload is complete. Template Version 12/10/2020 Packet Pg. 78 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds SCOPE OF WORK Task Number: 5 Task Cost: $0.00 Task Title: Construction Management Task Description: A. The RECIPIENT will provide construction oversight and management of the project. B. The RECIPIENT will submit a detailed Construction Quality Assurance Plan (CQAP) to the ECOLOGY Project Manager for review and acceptance before the start of construction. This plan must describe how the RECIPIENT will perform adequate and competent construction oversight. Once accepted by ECOLOGY, upload to EAGL. C. The RECIPIENT will conduct a pre -construction conference meeting and invite ECOLOGY to attend. D. The RECIPIENT will submit an updated project schedule and cost estimate to ECOLOGY within 30 days of the start of construction and whenever major changes occur. E. Prior to execution, the RECIPIENT will submit in writing any eligible change orders that deviate from ECOLOGY -accepted plans and specifications. ECOLOGY must review all change orders that affect grant eligible activities prior to implementation, and all other change orders for technical merit. Change orders are to be signed by the contractor, the engineer (if appropriate), and the RECIPIENT prior to submittal to ECOLOGY for acceptance. F. Upon completion of construction, the RECIPIENT will provide to ECOLOGY: 1. A Nonpoint Construction Completion Form signed by a professional engineer indicating that the project was completed in accordance with the plans and specifications. 2. A GIS-compatible project area in shapefile, geodatabase file, or ECOLOGY -approved equivalent. Task Goal Statement: The RECIPIENT will oversee and manage construction of the project, communicate with ECOLOGY in a timely fashion, and provide ECOLOGY with all required and requested documentation. Task Expected Outcome: The project will be constructed on schedule and in accordance with the ECOLOGY -approved plans and specifications, while adhering to construction best management practices, the Construction Quality Assurance Project Plan, and all other applicable regulation. Template Version 12/10/2020 Packet Pg. 79 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds Construction Management Deliverables Number Description Due Date 5.1 Copy of signed and dated construction contract. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 5.2 Construction Quality Assurance Plan. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 5.3 Updated Project Schedule. Upload to EAGL and notify ECOLOGY Project Manager upon completion. 5.4 Revised schedule and cost estimates when changes in construction occur. Upload to EAGL and notify ECOLOGY. 5.5 Upload Change Order(s) to EAGL and notify ECOLOGY. 5.6 Complete Construction Completion Form and upload to EAGL. Notify ECOLOGY when complete. 5.7 Upload Project Area Shapefile (.zip) or ECOLOGY -approved equivalent for GIS-compatible project area data. Template Version 12/10/2020 Packet Pg. 80 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds BUDGET Funding Distribution EG230320 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date Funding Source: Title: Fund: Type: Funding Source %: Description: Centennial Recipient Match 01/01/2023 Centennial-SFY23 FD023N State 100% Funding Type: Grant Funding Expiration Date: 12/31/2025 The Centennial Clean Water Program provides grants for nonpoint source pollution control activity projects and wastewater projects. Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match %: 100% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Centennial Recipient Match Task Total Grant and Loan Administration $ 0.00 Planning, Appraisal, and Due Diligence $ 166,666.67 Property Purchase and Stewardship $ 0.00 Demolition and Restoration Implementation $ 0.00 Construction Management $ 0.00 Total: $ 166,666.67 2.3.a Template Version 12/10/2020 Packet Pg. 81 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds BUDGET Funding Distribution EG230321 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date Funding Source: Title: Fund: Type: Funding Source %: Description: Centennial Property Purchase 01/01/2023 Centennial-SFY23 FD023N State 100% Funding Type: Grant Funding Expiration Date: 12/31/2025 The Centennial Clean Water Program provides grants for nonpoint source pollution control activity projects and wastewater projects. Approved Indirect Costs Rate: Approved State Indirect Rate: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Centennial Property Purchase Task Total Grant and Loan Administration $ 0.00 Planning, Appraisal, and Due Diligence $ 0.00 Property Purchase and Stewardship $ 500,000.00 Demolition and Restoration Implementation $ 0.00 Construction Management $ 0.00 Total: $ 500,000.00 2.3.a Template Version 12/10/2020 Packet Pg. 82 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Centennial Recipient Match 100.00 % $ 166,666.67 $ 0.00 $ 166,666.E Centennial Property Purchase 0.00 % $ 0.00 $ 500,000.00 $ 500,000.( Total $ 166,666.67 $ 500,000.00 $ 666,666.4 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: "Administration Charge" means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account. "Administrative Requirements" means the effective edition of ECOLOGY'S Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. "Acquisition" means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. "Centennial Clean Water Program" means the state program funded from various state sources. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the project. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. Template Version 12/10/2020 Packet Pg. 83 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "Effective Date" means the earliest date on which eligible costs may be incurred. "Effective Interest Rate" means the total interest rate established by Ecology that includes the Administrative Charge. "Estimated Loan Amount" means the initial amount of funds loaned to the RECIPIENT. "Estimated Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. "Equivalency" means projects designated by ECOLOGY to meet additional federal requirements. "Expiration Date" means the latest date on which eligible costs may be incurred. "Final Accrued Interest" means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued. "Final Loan Amount" means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. "Final Loan Repayment Schedule" means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. "Forgivable Principal" means the portion of a loan that is not required to be paid back by the borrower. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is Template Version 12/10/2020 Packet Pg. 84 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds "Initiation of Operation Date" means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. "Loan" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. "Loan Amount" means either an Estimated Loan Amount or a Final Loan Amount, as applicable. "Loan Fund" means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. "Loan Security" means the mechanism by which the RECIPIENT pledges to repay the loan. "Loan Term" means the repayment period of the loan. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Original Engineer's Estimate" means the engineer's estimate of construction costs included with bid documents. "Principal and Interest Account" means, for a loan that constitutes Revenue -Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. "Project" means the project described in this agreement. "Project Completion Date" means the date specified in the agreement on which the Scope of Work will be fully completed. This term is only used in loan agreements. "Project Schedule" means that schedule for the project specified in the agreement. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Reserve Account" means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. "Risk -Based Determination" means an approach to sub -recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. "Scope of Work" means the tasks and activities constituting the project. Template Version 12/10/2020 Packet Pg. 85 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds "Section 319" means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. "Termination Date" means the effective date of ECOLOGY's termination of the agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. "Total Eligible Project Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. "Total Project Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for ECOLOGY grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY's Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: Template Version 12/10/2020 Packet Pg. 86 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTS shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. Template Version 12/10/2020 Packet Pg. 87 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds e. Hazardous Substances. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed "clean." 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring. f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website. D. Electronic Fund Transfers: Payment will be issued through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https:Hofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofin.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre -approved by ECOLOGY's project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. Template Version 12/10/2020 Packet Pg. 88 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site -specific locations must utilize appropriately sized and weather -resistant signs. Sign logos are available from ECOLOGY's Financial Manager upon request. G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website (This form is used for Section 319 funds only) 2. "Section 319 Initial Data Reporting" form in EAGL. Template Version 12/10/2020 Packet Pg. 89 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds A. Data Reporting: The RECIPIENT must complete the "Section 319 Initial Data Reporting" form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA. B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager. To increase public awareness of projects serving communities where English is not the predominant language, RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) "This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade names or commercial products constitute endorsement or recommendation for use." C. Load Reduction Reporting: The RECIPIENT shall complete the "Section 319 Annual Load Reduction Reporting" form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPXs assistance agreement. In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW "Local Government Accounting — Uniform System of Accounting." B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTS shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. Template Version 12/10/2020 Packet Pg. 90 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF -SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF -SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse's Internet Data Entry System available at: https:Hfacweb.census.gov/. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). E. Unique Entity Identifier (UEI) and Central Contractor Registration (CCR) Requirements: RECIPIENTS shall have a UEI number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization's information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration, and more frequently if information changes.? F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTS, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTS, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. Template Version 12/10/2020 Packet Pg. 91 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds The RECIPIENT agrees to submit ECOLOGY's Contractor Participation Report Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections. The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE Template Version 12/10/2020 Packet Pg. 92 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds G. Electronic and information Technology (EIT) Accessibility: RECIPIENTS shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel -Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT's Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or Template Version 12/10/2020 Packet Pg. 93 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a "treatment works" as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT'S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution. The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/Pkg/IJSCODE-201 I -titIe40/pdf/USCODE-20I 1-title40-subtitlel-chapl l .pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website. F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https:Hecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/ Water-Qual ity-grants-and-loans/Facility -project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, or it shall self -insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT's knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or Template Version 12/10/2020 Packet Pg. 94 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation -secured loans and general obligation payable from special -assessment -secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a "Loan Amount") shall bear interest based on the interest rate identified in this agreement as the "Effective Interest Rate," per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan "Loan Term" as outlined in this agreement. J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured: Lien Position. This loan is a Revenue -Secured Debt of the RECIPIENT's Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. Q Template Version 12/10/2020 Packet Pg. 95 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY's notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies. Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY's Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT's payments shall be made pursuant to the amended agreement. Template Version 12/10/2020 Packet Pg. 96 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY's Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. Template Version 12/10/2020 Packet Pg. 97 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds M. Opinion of RECIPIENT's Legal Counsel: The RECIPIENT must submit an "Opinion of Legal Counsel to the RECIPIENT" to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the "General Comments" text box of each progress report. "We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the Department of Ecology. This includes but is not limited to: - The Davis -Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33" P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Template Version 12/10/2020 Packet Pg. 98 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT's financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer -Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer -use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT's sewer system. 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events Template Version 12/10/2020 Packet Pg. 99 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the ECOLOGY shall specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the "Termination Payment Date"). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges. Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, "Defaults," any state funds otherwise due to the RECIPIENT may, at ECOLOGY's sole discretion, be withheld and applied to the repayment of the loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) Template Version 12/10/2020 Packet Pg. 100 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds acquired under this agreement may, in ECOLOGY's sole discretion, become ECOLOGY's property. In that circumstance, ECOLOGY shall reduce the RECIPIENT's liability to repay money by an amount reflecting the fair value of such property Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY's exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. T. User -Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user -charge system will include provisions for a connection charge. In addition, the RECIPIENT shall regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, Template Version 12/10/2020 Packet Pg. 101 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $30,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in www.sam. o�tp://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usasi2ending.gov <http://www.usaspending.lzov/>. For more details on FFATA requirements, see www.fsrs..ov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: Template Version 12/10/2020 Packet Pg. 102 State of Washington Department of Ecology 2.3.a Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds tM 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www. ovg info.gov/content/pka/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management(SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Packet Pg. 103 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/ 1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. Template Version 12/10/2020 Packet Pg. 104 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 Packet Pg. 105 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 Packet Pg. 106 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: https:Hecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that parry's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Packet Pg. 107 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 Packet Pg. 108 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended b, this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 Packet Pg. 109 State of Washington Department of Ecology 2.3.a Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration Recipient Name: City of Edmonds 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Packet Pg. 110 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 Packet Pg. 111 State of Washington Department of Ecology Agreement No: WQC-2023-Edmond-00101 Project Title: 7317 Lake Ballinger Way Property Purchase, Demo and Restoration 2.3.a Recipient Name: City of Edmonds event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third parry beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Packet Pg. 112 I 2.3.b I " City of Edmonds Property Location ILP 0 252.60 505.2 Feet 376.2 This ma is a user generated static output from an Internet mapping site and is for 4,514 P B P Pp !; reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION CD W ^E^, wW W L Q d a C Legend N_ U) ArcSDE.GIS.STREET_CENTERLIN Q — <all other values> 0 1 �t,1 C 2 C 5; 4 ILL 9;71;7;8 CY State Highways — <all other values> O C 0 O 1 C 2 y d L a c 0 r 0 J A L 0. 0 L a N C d E t V R r Q C E Notes r Q Packet Pg. 113 1 2.4 City Council Agenda Item Meeting Date: 04/11/2023 Presentation of Construction Contract for Citywide Bicycle Improvements and Elm Way Walkway Projects Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History n/a Staff Recommendation Staff will provide the bid results, proposed construction budget and a possible recommendation to award at a future City Council meeting. Narrative In 2020 The City of Edmonds pursued and secured a grant for installation of bicycle lanes. City staff engaged in an extensive public outreach campaign. Staff used the input received from residents along with other data they collected and designed several concepts for the bike lanes installation that were presented at a public meeting which occurred in February of 2021. A design configuration was developed based on the data and on public input. This recommended configuration and additional pedestrian improvements requested by residents were presented to City Council on May 4th, September 21st, and November 23rd in 2021. This project was combined with the Elm Way Walkway project in late 2021. The two projects are similar in scope and City staff believes that bidding them together will result in cost savings due to economy of scale. The design phase of the combined project is complete and it is currently advertised for bidding. Construction bids are scheduled to be opened on April 20th which may provide an opportunity to award at the May 2nd City Council meeting. The bid results, project budget and recommendation to award will be provided at that time. Construction is expected to begin in early summer 2023 and be complete by fall 2023. Funding for the Citywide Bicycle Improvements is from a combination of local funds (REET 125) and a Sound Transit grant. The Elm Way Walkway project is funded by the REET 126 Fund and the Stormwater Utility Fund. Attachments: Attachment 1 - Area Map Packet Pg. 114 -� CITYWIDE BICYCLE IMPROVEMENTS AND HELM WAY WALKWAY PROJECTS I 2.4.a I MAIN.ST P.INE.ST Elm Way: 8th to 100th Installina Sidewalk WESTGATE — E4--- YOST PARK Walnut and Bowdoin 9th to 5 Corners Addina Bike Lanes 100th and 9th: 244th to Walnut Addina Bike Lar I- I I I— — 524 / 196TH:ST SW y (Ai 5 CORNERS _it rW a I- 220TH_ST.SW. �I ESPERANCE, 228th: 78th to 80th Widening & Adding Bike Lanes )th: 228th to 220t harrows Onlv r a _FIRDALEi VILLAGE Packet Pg. 115 2.5 City Council Agenda Item Meeting Date: 04/11/2023 Presentation of Construction Contract for the 2023 Utility Replacement Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History Staff Recommendation. Staff will provide the bid results, proposed construction budget and a possible recommendation to award at a future City Council meeting. Narrative On March 16 and March 23, 2023, the project was advertised for construction bids. Construction bids are due by 2:00 p.m. April 6, 2023, which may provide an opportunity to award the project at the April 18, 2023 City Council meeting. The preliminary bid results, project budget and staff recommendation will be provided at the April 11, 2023 committee meeting. The project costs are being funded by the 421 and 423 Utility Funds. Background: This project is part of the City's water and sewer replacement programs that replaces and upgrades existing water lines and sewer lines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency. The project will replace sewer piping with associated services, and structures as well as water piping with associated services and hydrants at various locations around the City. Attachments: Attachment 1 - Project Sites Map Packet Pg. 116 I 2.5.a II 2023 Utility Replacement Project Sites IL c m L) 0 0 Phase 14 Water Replacement U a 0 Phase 3 Sewer Cured in Place Pipe Rehab 0 Phase 10 Sewer Replacement 1 � M N O N N t L ' O ci L �i 0 n L O U 10th Ave N from o Euclid Ave to 174 ft SW of Euclid Ave` �` c C� F� aL Alley between 5th Ave N and 4th Ave N and :T :—_ �� I Edmonds Stand Bell StA Main Street from rn .6th Ave N to Durbin & 7th Ave N to 9th Ave N iUIll<Y�x IR•i1r��/�F1�1� M �� 2.6 City Council Agenda Item Meeting Date: 04/11/2023 Presentation of Supplemental Agreement with BHC to provide design engineering services for the Phase 11 Sewerline Replacement Project. Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On March 8, 2022, City Council approved a professional services agreement with BHC to provide design services for the Phase 10 Sewerline Replacement Project. Staff Recommendation Forward item to the consent agenda for approval. Narrative The City issued a Request for Qualifications (RFQ) in October 2021 to hire a consultant to provide design engineering services for the Phase 10 and 11 Sewerline Replacement Projects. The City received statements of qualifications from five (5) engineering firms and the selection committee selected BHC to provide design engineering services for these Sewerline Replacement Projects. On March 8, 2022, City Council approved a professional services agreement with BHC to provide design services for the Phase 10 and 11 Sewerline Replacement Projects and authorized the Mayor to sign the Professional Services Agreement for projects that were scheduled to be designed as part of the Phase 10 Sewerline Replacement Project. A supplemental agreement has now been negotiated for projects planned to be constructed in 2024 as part of the Phase 11 work. The City has negotiated a consultant fee of $200,745 for this phase. This supplemental agreement will allow BHC to provide services for the design of this project. This work will be funded by the Sewer Utility Fund. The Phase 11 Sewerline Replacement Project will rehabilitate/replace portions of the City's sewer network by replacing/rehabilitating approximately 1,500 linear feet of existing sewerlines and associated appurtenances at various locations within the City. The selection of the sites was determined using the data supplied in the 2013 Comprehensive Sewer System Plan dated August 2013, coordinating with upcoming road, water, and storm drain projects, and input from Public Works maintenance. Projects for Phase 11 will focus on replacing pipe segments with bellies and replacement/rehabilitation of pipes that our Public Works maintenance department classifies as 'red area' pipes, which require them to clean and unclog these pipes segments multiple times a year to ensure that these pipes do not get fully clogged, that would cause sewer backups/overflows. Packet Pg. 118 2.6 Attachments: Attachment 1- Supplemental Agreement Attachment 2 - Project Sites Map Packet Pg. 119 2.6.a CITY OF EDMONDS MIKE NELSON 121 5T" AVENUE NORTH EDMONDS, WA 98020 425-771-0220 FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Phases 10 and 11 Sanitary Sewer Replacement WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City," and BHC Consultants, hereinafter referred to as the "Consultant," entered into an underlying agreement for design, engineering and consulting services with respect to a projects known as the Phases 10 and 11 Sanitary Sewer Replacement projects, dated March 22, 2022 ("Underlying Agreement"); and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to design engineering services; NOW, THEREFORE, in consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of March 22, 2022 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the Underlying Agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 1.2 Payments. The $426,411 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $200,745 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $627,156 ($426,411, plus $200,745). 1.3 Fee Schedule. Exhibit B to the Underlying Agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the Packet Pg. 120 2.6.a attached Exhibit B to this supplemental agreement, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this day of 2023. CITY OF EDMONDS BHC CONSULTANTS By Michael Nelson, Mayor Its ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 121 2.6.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 122 2.6.a EXHIBIT A SCOPE OF SERVICES City of Edmonds Phase 11 Sanitary Sewer Replacement March 24, 2023 Statement of Understanding The City of Edmonds (City) is contracting with BHC Consultants (BHC) to complete the design of upgrades to approximately 2,300 feet of sanitary sewer main replacements at 5 sites for construction in 2024. The upgrades will include a mix of cured -in -place pipe (CIPP) and replacement sanitary sewer using open trench construction methods The sites are described as follows: Site 1: This site addresses sanitary sewer main upgrades needed within Edmonds Street between 9th Avenue N and 101h Place N and along 91h Avenue N between Edmonds Street and Sprague Street. The western half of the sewer system in Edmonds Street has some significant bellies that need to be addressed. BHC completed a study and the initial design (thru approximately 90% design) for the required upgrades to this site under the Phase 10 Sewer Replacement Contract. The Phase 11 Sewer Replacement Contract will address the efforts necessary to progress the design from the 90% design stage to final design and will include bidding assistance and engineering services during construction for this site. All proposed upgrades are located within public rights of way and no easements will need to be acquired. The previous study along with discussions with the City determined that no critical areas are located within the limits of this site. The topographic survey data obtained previously will be used to complete the design. Site 2: This site addresses some 8-inch gravity sanitary sewers located in an alley between 3rd Avenue S and 41h Avenue S and north of Walnut Street. The existing sewers are in poor condition with numerous bellies. BHC completed a study and the initial design (thru approximately 90% design) for the required upgrades to this site under Phase 10 Sanitary Sewer Upgrades contract. The previous study and design efforts determined that approximately 400 feet of the existing sewer main within the alley will be rehabilitated using CIPP with an additional 125 feet of 8- inch sewer main being design for open trench installation. The Phase 11 Sanitary Sewer Replacement contract will address the efforts necessary to progress the design from the 90% design stage to final design and will also bidding assistance and engineering services during construction for this site. All proposed upgrades are located within public rights of way and no easements will need to be acquired. The City has determined that no critical areas are located within the limits of this project site. This determination was confirmed during the previous study based on a review of the City's GIS database and coordination with the City. The topographic survey data obtained previously will be used to complete the design. Site 3: This site contains a relatively short segment of pipe that is located on easements in an area of steep slopes. The pipes are located west of Meadowdale Beach Road near an extension of 172°d Street SW. The upper reach of this line is in poor condition and needs to be repaired or replaced. Access to that run of pipe will be a challenge and will likely require the acquisition of temporary construction permits to facilitate construction. The design of the proposed upgrades will be completed under the existing Phase 10 Sewer Replacement Contract, including all public outreach. However, the project will be included in the bid package for the Phase 11 Sanitary Sewer Replacements and therefore, this contract will include bidding assistance and engineering services during construction for this site. Site 4: This site involves rehabilitation of existing sanitary sewer mains located within 202°d Place SE, 203rd Street SW and on easements between those two streets. The existing pipe is in bad condition and has extremely flat slopes. An investigation of this site that included topographic surveys and geotechnical investigations was completed by Murraysmith under a previous project and then supplemented by additional research by BHC as part of the aforementioned study. The results of these previous efforts led the City to determine that CIPP should be used to Page 1 Packet Pg. 123 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Exhibit A upgrade the existing pipes. BHC will use the previously collected data to complete the design of the upgrades. The City has determined that no critical areas are located within the limits of this project site. This determination was confirmed by BHC's review of the City's GIS database during the aforementioned study. Site 5: This site will include upgrades to approximately 430 feet of existing 8-inch sanitary sewer using CIPP. The proposed upgrades will extend north across existing easements from Olympic View Drive to 76'h Avenue W. Under a previous project with the City, Murraysmith developed approximately 30% design drawings for upgrading the pipelines. BHC will use the topographic survey data, geotechnical information, and critical areas information collected by Murraysmith as the base for the proposed upgrades. The 30% design drawings previously prepared by Murraysmith identified wetlands about 150 feet north of Olympic View Drive. The wetlands appear to be about 20 to 25 feet west of the existing sanitary sewer. Because CIPP will be used to rehabilitate the sewers, surface disruptions should be minimal and therefore, this scope assumes no additional critical areas investigations or services will be required to complete the upgrades. Site 6: This site involves the replacement of one sanitary side sewer near the intersection of 841h Avenue W and 191 It Street SW. The side sewer serves 8408 191 It Street SW. Project Approach and Scope The project will progress the previous design efforts for Sites 1 and 2 from the approximately 90% design stage to final design and develop 60% and final designs for Sites 4, 5, and 6 and assimilate the final design documents for Site 3 into the bid package. BHC will assist the City during the bid stage and provide engineering assistance services during construction for all six sites. This scope assumes all six sites will be constructed under a single contract using separate schedules for each site and that construction will occur in 2024. The following scope of services outlines the tasks associated with these efforts. BHC will provide civil engineering services for the sites and will assist the City with public outreach to the impacted stakeholders. This scope assumes the previously collected and supplied topographic survey data, geotechnical data, and utility locates will be sufficient and the collection of additional topographic, utility location, and/or additional geotechnical data will be unnecessary. In addition, the scope assumes no environmentally sensitive areas will be impacted by the project so there will be no need for additional environmental services. All improvements are located within public rights of way or within existing easements. Therefore, the preparation of easements or legal descriptions will also be unnecessary. As such, this scope does not include any land survey, geotechnical, environmental, or right of way acquisition services. The City will be responsible for all permitting associated with the project. The proposed upgrades will be designed and constructed in accordance with the City of Edmonds current design standards, the requirements of the current edition of the `Criteria for Sewage Works Design' by the Department of Ecology, and the current edition of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction. Each task description includes the following six components: 1) Description: Summary description of task. 2) City Responsibilities: Elements that will be provided by the City or be the City's responsibility. 3) Work Tasks: Tasks that will be completed by BHC or its sub -consultants. 4) Deliverables: The finished product that will be delivered to the Client. 5) Assumptions: Assumptions used to develop each Work Task. 6) Meetings: Meetings identified for each Work Task. 3/24/2023 Page 2 Packet Pg. 124 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Task 10 Project Management: This task will be used to track and monitor the progress of the project and coordinate with the design team and the City. City Responsibilities: Exhibit A 1) Approve Consultant Contract. 2) Approve Contract Amendments if required or provide written authorization to use Management and Potholing Reserves. Work Tasks: 1) Contract Management: Setup the project in BHC's accounting system. 2) Invoicing/Status Reports: Provide monthly invoices with status reports, including schedule updates. 3) Team Coordination: Coordinate with project design team by phone or video conference to review current and upcoming tasks, deliverables, and coordination efforts. 4) City Coordination: Coordinate with the City by phone or video conference to discuss progress, issues, current and upcoming tasks, deliverables, and coordination efforts. Deliverables: 1) Monthly status reports with invoices (Adobe pdf format). 2) Agendas, minutes, and action items for each project coordination meeting with the City. 3) Copies of pertinent emails and correspondence. Assumptions: 1) Earned Value Management tracking will be used to monitor project status with estimates of the percent complete being provided for each task. 2) Each project status reports will include the following: a) Project status summary narrative by task. b) Project budget summary table. c) Earned value graph (S-Curve). 3) The design services phase will last approximately 9 months followed by a 9-month construction phase. 4) Quarterly coordination meetings will be held with the City via video conference to review and discuss the project. 5) Coordination outside of the meetings will be via email, telephone, or video conferencing. Meetings: 1) Periodic internal project team coordination meetings. 2) Quarterly coordination meetings with the City via video conference. Task 20 Design Services: This task will be used to complete the design of the sanitary sewer upgrades associated all five sites. City Responsibilities: 1) Provide electronic copies of CAD files, pertinent geotechnical reports/data, utility locate information, pothole and asphalt core information and any other previous project information for Sites 4, 5, and 6 that may pertain to this project. 2) Coordinate with franchise utilities for potholing of non -City owned utilities. 3) Conduct all easement negotiations with property owners. 4) Provide electronic copies (PDF or AutoCAD) of the City's standard details. 3/24/2023 Page 3 Packet Pg. 125 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Exhibit A 5) Provide electronic copies (MS Word) of the City's latest Bidding Documents, Contract Forms, and General Requirements. 6) Provide a consolidated set of written review comments on each design submittal. 7) Attend virtual meetings via MS Teams and/or provide venues for design review meetings. 8) Apply for and obtain all project related permits. 9) The City will be responsible for obtaining all rights of entry to private property. Work Tasks: 1) Develop Design Drawings for the sanitary sewer upgrades. 2) Develop Construction Specifications and Special Provisions to support the design drawings. 3) Prepare OPCCs. 4) Conduct quality assurance/quality control (QA/QC) reviews on all significant submittal documents. 5) Submit Design Documents as described under the deliverables for the City to review. 6) Attend virtual design review meetings via MS Teams with the City after each submittal. 7) Visit sites to check/verify design issues and assumptions. Deliverables: 1) 60% Design Submittal (Sites 4, 5, and 6 only): a) One (1) half size (11" x 17") paper copy and one (1) electronic copy (Adobe PDF) of the 60% design drawings. b) One (1) electronic copy (Adobe PDF) of the 60% Contract Documents. c) One (1) electronic copy (Adobe PDF) of the 60% OPCC. 2) 90% Design Submittal (Sites 1, 2, 4, 5, and 6): a) One (1) half size (11" x 17") paper copy and one (1) electronic copy (Adobe PDF) of the 90% design drawings. b) One (1) electronic copy (Adobe PDF) of the 90% Contract Documents. c) One (1) electronic copy (Adobe PDF) of the 90% OPCC. 3) Final Design Submittal (all five sites): a) One (1) half size and one (1) full size stamped and signed paper copy of the Final Design Drawings. b) One (1) electronic copy (Adobe PDF) of the Final Contract Documents (stamped and signed), and the Final OPCC. c) One electronic copy of the Design Drawings in AutoCAD Civil 3D and Adobe PDF. d) One electronic copy of the Contract Documents in Microsoft Word and PDF format. e) One electronic copy of the OPCC in Microsoft Excel and PDF Format. f) One (1) electronic copy (Adobe PDF) of a summary of the City's comments on the 90% design documents with BHC's responses to each comment. Assumptions: 1) The design services for Site 1 will start with the 90% design documents that were prepared under the Phase 10 Sanitary Sewer Replacement project. The proposed improvements will include replacing the existing sewers with new sewer mains within the same horizontal alignment as the existing sewers using open trench construction methods. 2) The design services for Site 2 will start with the 90% design documents that were prepared under the Phase 10 Sanitary Sewer Replacement project. The proposed improvements will include a combination of rehabilitating the existing sewers using CIPP and installing a limited amount of new gravity sewer using open trench construction methods. 3) All design services for Site 3 will be completed under the Phase 10 Sanitary Sewer contract. 3/24/2023 Page 4 Packet Pg. 126 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Exhibit A 4) The design services for Site 4 will start with the 30% design documents that were prepared by Murraysmith and develop them to final design. The proposed improvements will include rehabilitating the existing sewers using CIPP. 5) The design services for Site 5 will start with the 30% design documents that were prepared by Murraysmith. BHC will then develop them to final design. The proposed improvements will include rehabilitating the existing sewers using CIPP. 6) The proposed improvements for Site 6 will include the design of one new sanitary side sewer. 7) Design Drawings will be prepared using AutoCAD 2019 and will meet the following standards: a) Developed for plotting at full size (22" x 34") and half size (11" x 17"). b) Full size drawings will be drawn at a horizontal scale of 1" = 20' and a vertical scale for profiles of1"=5'. c) Plan and profile drawings will address approximately 400 to 500 feet of improvements. d) The TESC measures will be shown on the plan and profile drawings for the sewer improvements with general TESC notes and requirements included on the Notes sheet. e) Restoration plans will be plan -view only and will address approximately 900 lineal feet of improvements per sheet. Pertinent notes and details will be added to the sheets as appropriate. f) Details generated for the improvements may use other scales as needed. g) Separate channelization plans will not be required. 8) The current edition of the Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction (hereinafter referred to as the "Standard Specifications") will be used to supplement the City's standard specifications. The Standard Specifications will be supplemented with Special Provisions to address the needs of the project. 9) The design will not identify temporary staging areas for construction as that is an activity for the Contractor to determine. 10) BHC will make reasonable efforts to provide an accurate OPCC with each submittal. However, the actual costs bid by contractors is beyond BHC's control and may vary significantly from BHC's final OPCC, especially given the significant volatility associated with the pandemic economy. AACE estimating methods and classifications are not required for the OPPCs. The OPCCs will contain the following contingencies: a) 60% Design OPCCs will include a 15% contingency. b) 90% Design OPCCs will include a 10% contingency. c) Final Design OPCCs will not include a contingency. 11) OPCCs will include quantity takeoff sheets broken down by each plan sheet page. 12) The design review meetings will occur within three (3) weeks of City's receipt of the submittals. 13) For each deliverable, the City will coordinate its comments to remove conflicting requests prior to forwarding those comments to BHC. 14) BHC will compile the City's review comments from each submittal into an Excel spreadsheet that will then be used to document BHC's response to each City comment. 15) Construction restoration will consist of hot mixed asphalt (HMA) patches within the traveled right of way and in -kind restoration of surface features outside the traveled right of way. Information obtained via the potholing and coring efforts that were undertaken during the Ph 10 Sanitary Sewer Replacement project will be used to inform the depth of the necessary HMA patch. No additional potholes or coring will be required to complete the design for all sites. 16) The design will try to avoid impacts to existing driveways and access ramps to sidewalks. Therefore, modifying driveways or ramps to comply with PROWAG/ADA requirements is excluded from this scope of services. 17) Overlays of disturbed streets are not included in this scope and may be completed separately by the City under a future project. Therefore, the design of overlays is excluded from this scope of services. 18) Existing utilities being replaced by parallel utilities will be abandoned in place and will not be removed during construction except as required to make connections or crossings. Pipe to be abandoned in 3/24/2023 Page 5 Packet Pg. 127 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Exhibit A place shall be plugged or completely filled with sand or CDF per the City's requirements. Structures that will be abandoned in place will have the top four feet of the structure removed and the remaining structure will be filled with sand or CDF. 19) BHC will make two site visits during the design process to verify/check design assumptions and issues. Meetings: 1) Participate in one (1) virtual meeting up to one hour in length with City staff to discuss review comments after the 60% and 90% design submittals described under the Deliverables. Task 30 Public Outreach Services: This task will be used to assist the City with its public outreach efforts for the proposed upgrades. City Responsibilities: 1) The City will lead all public outreach efforts and will be responsible for mailing informational notices and posting door hangers. 2) City will be responsible for all postage. Work Tasks: 1) Assist City in developing one informational mailer and door hangers for each site. Deliverables: 1) One electronic copy (Adobe PDF) of a draft informational mailer for each site. 2) One electronic copy (Adobe PDF) of a final informational mailer for each site. 3) One electronic copy (Adobe PDF) of a draft door hanger for each site. 4) One electronic copy (Adobe PDF) of a final door hanger for each site. Assumptions: 1) The informational mailer will be a one- or two -page notice that summarizes the proposed improvements and will be used by the City to inform the public of the pending project in their neighborhood. 2) The mailers and door hangers will only be developed for the project sites that are included in the Phase 11 Construction Contract. Meetings: 1) No meetings will be required for this task. Task 40 Services During Bidding and Construction: This task will be used to assist the City in obtaining bids from Contractors to construct the improvements and to provide engineering assistance during construction. City Responsibilities: 1) Administer the advertisement and distribution of the bid/contract documents to prospective bidders, including all related fees. 2) Distribute addenda as necessary. 3) Receive, open, and process the bids, including the preparation of the bid tabulation, reviewing the apparent low bidder references, preparing a recommendation for contract award, and awarding the contract to the lowest responsible bidder. 4) Provide consolidated bid results on a bid tab spreadsheet and provide a copy of this information to BHC. 3/24/2023 Page 6 Packet Pg. 128 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Exhibit A 5) Print and distribute conformed documents to the Contractor. 6) Provide all construction management services, including but not limited to contract administration, reviewing submittals and requests for information, addressing change orders if any, and processing all pay estimates. 7) Provide all construction observation and inspection services. 8) Review and consolidate redlines of all modifications that occurred during construction and submit the compiled set to BHC for preparation of the construction record drawings. 9) Provide review comments on the draft construction record drawings. 10) Prepare and sign the Declaration of Construction Completion in accordance with WAC 173-240-090. Work Tasks: 1) Bid Period Services: Provide a final copy of the "Issued for Bid" design documents and assist the City in addressing questions from bidders during the bid process. Upon award of the construction contract, prepare and submit the "Issued for Construction" documents. 2) Attend a preconstruction conference with the City and the Contractor and attend construction coordination meetings if specifically requested by the City. 3) During construction, respond to requests for information (RFI) that pertain to clarifying the design or address conflicts that are found during construction. 4) Assist the City with addressing changes to the design that are required by construction. 5) Prepare construction record drawings. Deliverables: 1) One (1) paper copy and one electronic copy (Adobe PDF) of the "Issued for Bid" contract documents (full size drawings, half size drawings, and contract documents). 2) One (1) electronic copy (Adobe PDF) of one addendum. 3) One (1) paper copy and one electronic copy (Adobe PDF) of the conformed contract documents (full size drawings, half size drawings, and contract documents). 4) Written responses to requests for information received from the City. 5) One (1) draft set (half size) of the construction record drawings. 6) One (1) final set (half size and full size) of the construction record drawings. 7) One (1) final set of CAD files of the construction record drawings. Assumptions: 1) The "Issued for Bid" design documents will address final comments received from the City on the Final submittal. 2) Up to one (1) addendum may be required during the bid period to address questions from bidders. If an addendum is required due to a clear error or omission by BHC, then BHC will not charge the City for the preparation of that addendum. 3) The "Issued for Construction" documents will modify the "Issued for Bid" documents to address addenda that were published during the bid period. 4) Requests for information will be minimal with responses by BHC only being necessary for up to five RFIs. 5) The City will be responsible for reviewing all construction submittals. 6) Changes to the design required by construction findings will be minimal with BHC only needing to assist the City with one change order. 7) BHC's attendance at the preconstruction meeting and construction meetings will be virtual via MS Teams. For purposes of this scope, BHC will attend the preconstruction meeting and one construction meeting. 8) BHC will not be required to make site visits during construction. 3/24/2023 Page 7 Packet Pg. 129 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement Exhibit A 9) Since the exact level of effort required or the issues that may arise during construction are not known at this time, the above scope of work describes tasks commonly associated with engineering services during construction for this type of project. The budgets presented in the fee estimate are estimates based on similar projects and are based on the assumptions described above. However, the contractor's experience and level of performance can substantially impact the effort required for these tasks. Efforts may be required that exceeds the estimated budget amount. BHC will monitor the budget and immediately notify the City if added budget will be needed. Meetings: 1) One (1) preconstruction meeting with the City and the Contractor. The City will prepare the agenda and lead the meeting. 2) For purposes of this scope, BHC assumes the City will request our attendance at one (1) construction meeting. Task 200 Management Reserve: A $15,000 budget allowance has been included as a management reserve for the project. At the City's request and direction, BHC may perform additional services not included in the above listed activities and/or provide additional information and/or detail beyond what is anticipated at this time. BHC shall perform such services and will be paid for such additional services via the management reserve when they are requested by written direction and authorization by the City. City Responsibilities: 1) Provide written requests and authorization for performance of additional services. Work Tasks: 1) Develop scope/budget proposals for additional design services as requested. 2) Completion of additional design services as authorized by the City. Deliverables: 1) As defined in the additional design services scope/budget. Assumptions: 1) If additional services not covered in this scope of services are determined to be necessary, then the City would need to authorize in writing the use of the Management Reserve or process an amendment to this contract to address those costs. 2) Additional assumptions will be as defined in the additional design services scope/budget. Meetings: 1) As defined in the additional design services scope/budget. Task 300 Potholing Reserve: A $15,000 budget allowance has been included as a potholing reserve for the project to address potential potholing needs to verify utility locations to avoid conflicts with the proposed improvements. This reserve may also be used to obtain additional pavement cores if necessary. If potholing or additional pavement cores are needed, BHC will subcontract with APS to provide those services, subject to the assumptions and responsibilities defined below. These services shall proceed only upon written authorization from the City. City Responsibilities: 1) Provide written requests and authorization for performance of additional services. 3/24/2023 Page 8 Packet Pg. 130 2.6.a City of Edmonds Phase 11 Sanitary Sewer Replacement 2) Coordinate with franchise utilities for potholing of non -City owned utilities. 3) Conduct all easement negotiations with property owners. Work Tasks: Exhibit A 1) If additional potholes or pavement cores are needed, BHC will: o Prepare a pothole plan that identifies the number and location of the requested potholes and/or pavement cores. o Develop a scope and budget proposal for potholing and pavement cores. o Subcontract with APS for the completion of the potholing and pavement cores. Deliverables: 1) As defined in the additional scope and budget for potholing and pavement cores. Assumptions: 1) If additional potholing, utility locates, or core sampling is determined to be necessary, then the City would need to authorize the use of the Potholing Reserve or process an amendment to this contract to address those costs. 2) Additional assumptions will be as defined in the additional scope and budget for potholing and pavement cores. Meetings: 1) As defined in the additional scope and budget for potholing and pavement cores. Budget The Project budget is $200,745 and is attached as Exhibit B. This budget is based on, and in accordance with, BHC's 2023 rate schedule. Anticipated services in 2024 have been inflated by 4% to address estimated wage rate increases. The City agrees to allow BHC and sub -consultants to adjust rates on an annual basis in January of each year, beginning in January 2024 as long as there is no subsequent increase in the overall project budget. If the project extends beyond 2024 due to factors beyond BHC's control, a budget amendment to address increased labor costs may be required. 3/24/2023 Page 9 Packet Pg. 131 City of Edmonds EXHIBIT B - BUDGET Phase 11 Sanitary Sewer Replacement Project Budget <Enter Project Number> Date: March 24, 2023 Principal Proj. Mgr Tony F. Jordan Z. Proj. Engr. Staff Engr. Kevin A. Hilda G. CAD Lead CAD Svetlana O. Anthony B. Clerical Acctg Sarah S. Patty C. BHC 2023 2024 Total Budget % Services in Year 1 % Services in Year 2 Billing Rate $272.48 $245.70 $176.40 $129.15 $163.80 $132.30 $141.75 $132.30 Hours Expenses Cost Task # Task Name Hours Hours Hours Hours Hours Hours Hours Hours 10 Project Management 90% 10% JL 10.1 Contract Management 2.00 2.00 4.00 $16 $826 $743 $86 $829 10.2 Invoicing/Status Reports 12.00 12.00 12.00 36.00 $127 $6,364 $5,728 $662 $6,389 10.3 Team and City Coordination 8.00 16.00 4.00 2.00 2.00 32.00 $149 $7,576 $6,819 $788 $7,607 Subtotal 10.00 28.00 4.00 2.00 14.00 14.00 72.00 $292 $14,766 $13,289 $1,536 $14,825 20 i n ervices 100% 20.1 Develop Design Drawings 4.00 16.00 52.00 112.00 24.00 155.00 363.00 $1,063 $54,160 $54,160 $54,160 20.2 Develop Specifications/Special Provisions 4.00 10.00 40.00 80.00 2.00 136.00 $424 $21,643 $21,643 $21,643 20.3 Prepare OPCC 4.00 8.00 24.00 40.00 76.00 $249 $12,704 $12,704 $12,704 20.4 Conduct QA/QC Reviews 20.00 24.00 44.00 $227 $11,573 $11,573 $11,573 20.5 Submit Design Documents 4.00 8.00 8.00 8.00 4.00 16.00 8.00 56.00 $188 $9,594 $9,594 $9,594 20.6 Attend Meetings 4.00 4.00 6.00 6.00 4.00 24.00 $89 $4,562 $4,562 $4,562 20.7 Visit Sites 6.00 12.00 12.00 30.00 $303 $5,444 $5,444 $5,444 Subtotal 40.00 76.00 142.00 258.00 28.00 171.00 14.00 729.00 $2,544 $119,680 $119,680 $119,680 30 Public Outreach Services 100% 30.1 Support Mailers & Door Hangers 1.00 2.00 4.00 1.00 9.00 $29 $1,450 $1,450 $1,450 Subtotal 1.00 2.00 1 4.00 1 1.00 1.00 9.00 $29 $1,450 $1,450 $1,450 40 Services During Bidding and Construction 40.1 Bid Period Services 1.00 2.00 An 4.00 8.00 2.00 06 21.00 $69 100% $3,651 4.00 $3,510 $3,651 40.2 Construction Meetings 1.00 4.00 4.00 9.00 $39 $2,000 $2,080 $2,080 40.3 Assist w/ RFI 0.50 2.00 5.00 10.00 4.00 5.00 26.50 $83 $4,248 $4,418 $4,418 40.4 Assist w/ Change Orders 0.50 2.50 4.00 4.00 4.00 1.00 16.00 $55 $2,825 $2,938 $2,938 40.5 Construction Record Drawings 5.00 11.00 29.00 14.00 85.00 144.00 $415 $20,868 $21,703 $21,703 Subtotal 3.00 200 Management Reserve 200.1 Management Reserve 15.50 28.00 51.00 26.00 85.00 8.00 216.50 $662 $33,452 $15,000 1 $15,000 $34,790 $34,790 $15,000 Subtotal 300 Potholing Reserve 300.1 Potholing Reserve $15,000 $15,000 $15,000 100% $15,000 $15,000 $15,000 Subtotal $15,000 $15,000 $15,000 Total Budget 53.00 120.50 176.00 313.00 57.00 256.00 37.00 14.00 1,026.50 $3,527 $199,348 $164,419 $36,326 $200,745 S:\Projects\Edmonds\Phase 11 Sanitary Sewer ProjectsTWScope & Budget\Exhibit B - Budget Packet Pg. 132 2.6.b 614 Phase 11 (2024) Sewer Replacement Project Sites BPhase 11 Sewer (Full Replacement) Phase 11 Sewer (Cured in Place Pipe) 72nd Ave W and ' Meadowdale Beach Rd. 191 st SW Edmonds St, east of 9th Ave N & 9th Ave N, north of intersection with Edmonds St. Jley Between th Ave S and 3rd Ave S Vorth of Walnut St) Existing Easement north Post Office 7700 Block Between 202nd PI SW and 203rd St SW Q, Packet Pg. 133 2.7 City Council Agenda Item Meeting Date: 04/11/2023 Presentation of Supplemental Agreement with David Evans and Associates, Inc (DEA) for the Elm Way Walkway project. Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On May 11, 2021, staff presented a professional services agreement for design services with David Evans and Associates for the Elm Way Walkway Project to the Parks and Public Works Committee. On May 18, 2021, City Council approved the professional services agreement for design services with David Evans and Associates for the Elm Way Walkway project. Staff Recommendation Forward item to consent agenda for approval. Narrative The Elm Way Walkway project was combined with the Citywide Bike Lane Improvements project in late 2021 and the combined project is currently advertised for bidding. Construction bids are scheduled to be opened on April 20, 2023, which may provide an opportunity to award the project at the May 2nd City Council meeting. Before construction begins, a supplemental agreement with DEA must be executed to secure their services for engineering support during construction. The City has negotiated a consultant fee of $23,072 for these services. The key tasks within the scope include construction meetings, review of RFI and substitution requests, plan clarifications, site observations, and development of record drawings. Construction is expected to begin in early summer 2023 and conclude by fall 2023. Attachments: Attachment 1 - Supplement Agreement Packet Pg. 134 2.7.a CITY OF EDMONDS MIKE NELSON MAYOR 121 5T" AVENUE NORTH EDMONDS, WA 98020 425-771-0220 • FAX 425-672-5750 Website: www.edmondswa.gov l�y� Lqa� PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Elm Way Walkway WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City," and David Evans and Associates, Inc., hereinafter referred to as the "Consultant," entered into an underlying agreement for design, engineering and consulting services with respect to a project known as the Elm Way Walkway project, dated May 26, 2021 ("Underlying Agreement"); and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to engineering services; NOW, THEREFORE, in consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of May 26, 2021 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the Underlying Agreement, shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 1.2 Payments. The $139,972 amount set forth in paragraph 2A of the Underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $23,072 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $163,044 ($139,972, plus $23,072). 1.3 Fee Schedule. Exhibit B to the Underlying Agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the Packet Pg. 135 2.7.a attached Exhibit B to this supplemental agreement, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this day of , 2023. CITY OF EDMONDS DAVID EVANS AND ASSOCIATES, INC. Michael Nelson, Mayor Its ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 136 2.7.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2023, before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 137 2.7.a EXHIBIT A CITY OF EDMONDS Elm Way Walkway Project (E21DA/i058) Construction Engineering Support Scope of Services Prepared by: David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400 Bellevue, WA 98007 February 27, 2023 Iledmsvr-deptfslEngineeringlCapitallCAPITAL PROJECTSIEODC Citywide Bicycle Improvement ProjectlConstruction1700 Correspondence1750-799 Correspondence SenACounci112023-04-11 DEA supplementlEdmonds Elm Way DSDC Scope_2023-02-23.docx City of Edmonds 1 Construction Engineering Support Scope of Services February Packet Pg. 138 2.7.a Elm Way Walkway Project (E21DA/i058) TASK 11.00 CONSTRUCTION ENGINEERING SUPPORT SERVICES The City of Edmonds (CITY) has requested Construction Engineering Support from David Evans and Associates, Inc. (CONSULTANT) for the Elm Way Walkway Construction Contract. This Construction Engineering Support scope is to provide design review and input during construction and to provide CADD support to document changes resulting in the record drawings. 11.01 Construction Meetings This work element provides for the preparation, attendance, follow-up, and documentation of meetings during the length of project construction. These meetings will be the forums for the CITY and CONSULTANT to correspond, coordinate, and provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions, etc. The CONSULTANT shall prepare for and attend one (1) 2-hour construction kickoff meeting, up to four (4) 30-minute project progress meetings, and four (4) 1-hour construction progress meetings with CITY staff. The CONSULTANT will have two staff persons attend the following meetings: • Construction Kickoff Meeting • Monthly Progress Meetings • Design Progress Meetings Deliverables: Meeting Attendance (12 total). 11.02 Request for Information (RFI) and Substitution Requests CONSULTANT shall review RFI's and provide responses to the CITY. Each RFI will be responded to within five (5) working days of receipt by the CONSULTANT team. If CONTRACTOR provides a substitution request, CONSULTANT shall review request and provide recommendations for acceptance or rejection for Substitution Requests to CITY on request regarding its conformance with the Plans, Specifications, and Estimate. Assumptions: • CITY will maintain an RFI log, track responses, and coordinate between CONSULTANT and CONTRACTOR. • It is estimated that a total of 15 RFI's and 2 Substitution Requests will be addressed by the CONSULTANT. • CITY shall make final determination on Substitution Requests. 11.03 Constructability Issues/Plan Clarifications The CONSULTANT will provide input and guidance on constructability issues (as requested by the City and with consideration of the allocated budget for this task). This includes on -site visits, design revisions based on field conditions, or suggested plan changes by CITY staff. The CITY will provide a minimum of 48 hours' notice for the CONSULTANT to perform the initial site visit to gather information to review. The CONSULTANT shall provide written review and input in a timely manner so that the CITY Contractor's workflow is not unnecessarily disrupted. Nothing herein shall require the CONSULTANT to provide services in a manner that would precipitate performance below the generally accepted standard of care for the CONSULTANT's industry. iieclmsvr-cieptrsngineeringivapitailuAl-Iywi e icyc e mprovemen rojec ons ruc ion orrespon ence Correspondence SentlCounci112023-04-" DEA supplementlEdmonds Elm Way DSDC Scope _2023-02-23.docx City of Edmonds 2 Construction Engineering Support Scope of Packet Pg. 139 2.7.a Elm Way Walkway Project (E21DA/i058) 11.04 Field Engineering and Site Observations February 27, 2023 This task includes Field Visits for site observations and field engineering by various engineering disciplines. It is anticipated that the CONSULTANT will be required to review work or existing conditions in the field and provide design input to resolve field issues as may be required. CONSULTANT shall not be responsible for inspection or acceptance of the work. A total of 4 site visits are estimated for this effort. 11.05 Record Drawings Preparation of as -constructed plans based on CONTRACTOR and inspector redlines. CITY to provide CONSULTANT with consolidated set of redlines. Plan preparation will be per CITY standards. CONSULTANT to manage CAD design files through construction activities. Deliverables: PDF and CAD files of Record Drawings based on contractor and inspector redlines. Engineering Construction Support Services Assumptions 1. All CONSULTANT fees are based on the hours stated as part of this cost proposal. If additional efforts are required, that would require negotiation of additional scope/fee for that effort. 2. CONSULTANT is not responsible for maintaining the question/comment log, coordinating submittals, construction interfaces, or construction activities. 3. Structural, Environmental, Geotechnical, Transportation, or other design services outside of this scope of work are not included. 4. Any additional Traffic Control Plans will be submitted by the CONTRACTOR. 5. The CITY will prepare any pre- or post -construction Maximum Extent Feasible (MEF) documentation. 6. CITY will coordinate with utility companies for construction related elements. 7. CONSULTANT is not responsible for review of CONTRACTOR submittals. 8. No permit support is included in this scope of services. 9. No right-of-way or temporary construction easement support is included in this scope of work. 10. Construction activities will take approximately 7 months. 11. CONSULTANT may transfer fees associated with this effort between individual tasks. 12. If timelines for return responses from CONSULTANT in this scope of work cannot be met or are restricted due to holidays, conflicting project needs, etc., CONSULTANT may ask for time extensions from CITY. Iledmsvr-deptfslEngineeringlCapitallCAPITAL PROJECTSIEODC Citywide Bicycle Improvement ProjectlConstructioW00 CorrespondencW50-799 Correspondence Ser;ACounciA2023-04-11 DEA supplementlEdmonds Elm Way DSDC Scope_202 Packet Pg. 140 City of Edmonds Elm Way Walkway Project (E21DA/i058) Construction Engineering Support Scope of Services February 27, 2023 Packet Pg. 141 2.7.a Exhibit B City of Edmonds Elm Way Walkway Project (E21 DM058) Cost Estimate Sheet David Evans and Associates, Inc. Direct Classification Hrs. x Salary = Cost 1 Project Manager 30 $ 64.00 $1,920 2 Engineer V 10 $ 63.30 $633 3 Engineer IV 60 $ 49.94 $2,996 4 Designer III 30 $ 36.80 $1,104 5 Project Coordinator 1 10 $ 32.86 $329 6 Project Accountant IV 10 $ 41.14 $411 Total Hrs. 150 Salary Cost Salary Escalation Cost (estimated) Escalation - % of Labor Cost Total Salary Cost Overhead Cost @ Net Fee @ Total Overhead & Net Fee Cost Direct Expenses Mileage Subtotal Total Costs 0% per year @ 177.62% of Direct Labor 30.0% of Direct Labor 0 year(s) No. Unit Each 500 miles @ $0.655 /mile $ 7,393 $0 $ 7,393 $ 13,132 $ 2,218 $ 15,350 Cost $ 327.50 $ 328 $ 23,072 Page 1 of 2 Printed: 2/27/2 PAMCOED00001704\OOOOCON\002OPre-Contract\Change Order - DSDC\Edmonds Elm Way Budget_Const Eng Sup_2023-02-23.xlsx Packet Pg. 142 2.7.a City of Edmonds Elm Way Walkway Project (E21 DAA058) Cost Estimate Sheet David Evans and Associates, Inc. 1 2 3 4 5 6 � � m c ° m 6 % _ = v O 0 o U ro `m a5 U Q Work Element U a) O S O S O .m 5 N U d # Work Element a w w o a` a` DEA Total DEA Total Total Total Total Total hrs hrs hrs hrs hrs M hrs 2.00 Project Management and Quality Control 2.01 Project Management 2 1 1 4 $621 2.03 Monthly Invoices/Progress Reports (9 total) 4 9 9 22 $2,836 Work Element 2.0 26 lir$3,458 =NO 11.00 Construction Engineering Support 11.01 Construction Meetings 8 8 16 $2,804 11.02 RFI and Substitution Requests 5 3 30 38 $6,177 11.03 Constructability Issues/Plan Clarifications 5 2 16 23 $3,832 11.04 Field Engineering and Site Observations 4 4 4 4 16 $2,634 11.05 Record Drawings 2 1 2 26 31 $3,839 124 $19,286 EXPENSES $328 SALARY ESCALATION PROJECT WORK ELEMENTS TOTALS 30 10 60 30 10 10 150 $23,072 Page 2 of 2 P:\C\COED00001704\OOOOCON\002OPre-Contract\Change Order- DSDC\Edmonds Elm Way Budget_Const Eng Sup_2023-02-23.xlsx Printed: 2/27 Packet Pg. 143 2.8 City Council Agenda Item Meeting Date: 04/11/2023 Presentation of Supplemental Agreement with The Blueline Group for Citywide Bicycle Improvements Project Staff Lead: Rob English Department: Engineering Preparer: Emiko Rodarte Background/History On October 20, 2020, City Council approved a professional services agreement with Blueline to design the Citywide Bicycle Improvements Project. On September 14, 2021, staff presented a supplemental agreement to the Parks and Public Works Committee and the Committee agreed to have the item placed on the consent agenda, after a decision was made by the City Council regarding the additional improvements. On December 14, 2021, City Council approved the supplemental agreement with Blueline. Staff Recommendation Forward item to a future agenda for approval. Narrative The Citywide Bike Lane Improvements project was combined with the Elm Way Walkway project in late 2021 and the combined project is currently advertised for bidding. Construction bids are scheduled to be opened on April 20, 2023, which may provide an opportunity to award the project at the May 2nd City Council meeting. Before construction begins, a supplemental agreement with Blueline must be executed to secure their services for engineering support during construction. The City is actively negotiating a consultant fee for these services. The key tasks within the scope include additional survey and drafting services to support construction, compensation for plan changes, construction meetings, review of RFI and substitution requests, plan clarifications, site observations, and development of record drawings. City staff expect to have the scope and fee fully negotiated within the next few weeks so it can scheduled for approval at the April 25th or May 2nd City Council meetings. Construction is expected to begin in early summer 2023 and conclude by fall 2023. Attachments: Attachment 1 - Scope of Work Packet Pg. 144 2.8.a Project Name: Citywide Bicycle Improvements — Construction Support Job #: 20-074 Effective Date: April 3, 2023 Project Description The Blueline Group, LLC ("Blueline") will provide construction support services during construction for the City of Edmonds' Citywide Bicycle Improvement and Elm Way Improvement Project ("Project"). Task Summary Task 101 Project Management Task 102 Construction Support Task 103 Right of Way Survey Task 104 Additional Drafting Services Task 105 Additional Services Requested Project Schedule Our Team shall begin work immediately upon receipt of Notice to Proceed and proceed according to the attached Project Schedule. This schedule reflects the Client's desire to complete construction in 2023. Key dates include: Pre -Construction Conference............................................................................. May 2023 Construction Begins............................................................................................ May 2023 As-Builts & Project Closeout......................................................................... October 2023 Scope of Work Blueline's scope of work for the project is outlined on the following pages Q Packet Pg. 145 2.8.a Task 101 Project Management This task is for general coordination and meetings on the project, including: • Management of all tasks. • Communication with the City regarding construction issues, costs, and schedule. Task 102 Construction Support Blueline will provide construction support services for this Project during the construction period. Blueline will closely coordinate construction management activities with the City's staff and field inspector. Services under this task are anticipated to include: • Prepare for and attend the pre -construction conference. • Review requests for information (RFIs) provided by the Contractor and coordinate responses to RFIs with the City for the Citywide Bicycle Improvements Project. • Coordinate responses to RFIs for Elm Way Walkway Project with EOR. • Provide changes to drawings or specifications as necessary to respond to field conditions or RFIs for the Citywide Bicycle Improvements Project. • Coordinate changes to drawings for Elm Way Improvement Project with EOR. • General consultation and coordination on an as -needed basis. Address construction questions as they arise. • Coordination with Snohomish County during construction regarding the Right of Way permit. • Prepare As-Builts in AutoCad from contractor redlines for the Citywide Bicycle Improvements Project. • Coordinate as-builts for Elm Way Walkway Project with EOR. • Conduct site visits as requested by the City to check field conditions regarding RFIs. Deliverables: Six (6) RFI Responses (if necessary), As-Builts provided electronically. Assumptions: Construction inspection and administration services are not included. Blueline will send two personnel to 2 site visits throughout the project. Q 2 Packet Pg. 146 2.8.a Task 103 Right of Way Survey Under this task, SAM will prepare a base drawing showing the right of way, per the best available evidence, for 100th Ave W from the intersection with 235th Place SE, south to the intersection with 240th Place SW. An AutoCAD drawing will be prepared at a scale of 1" = 20', or as required by the design engineer or the City. This task includes: • Control survey on project datum, to be provided by the City to match the underlying base survey. • Retrieve, interpret, and include existing publicly available information to determine the approximate right of way. • Establish approximate right-of-ways and construction centerlines within above -described area as available from recorded plats and public records further compared to the Snohomish County Parcel GIS lines. Deliverables: AutoCAD 2022 Drawing File. Assumptions: The City will provide all necessary right of entry into private property and notice to landowners along the route of mapping activity. Right of way and centerline along this route will be considered approximate and the best location available without additional research and documentation. Exclusions: Additional topographic mapping. Placement of monuments along the route. Recording of a survey with Snohomish County. Task 104 Additional Drafting Services Under this task Blueline will add station and offset callouts to the survey information provided by SAM under task 103. Station and offsets will be provided for beginning and ends of longline striping at the intersection, angle points of longline striping, beginning and ending of proposed non -mountable curb and angle points of proposed non -mountable curb. Deliverables: Updated PDF plan sheet for inclusion in addendum or contract change order. Assumptions: In the event that SAM cannot establish an alignment, station and offsets will not be provided. This task does not include redesign of channelization or signal improvements. Task 105 Additional Services Requested Blueline provided additional services as requested by the City that included: • Delays in schedule due to coordination necessary for the City provide design decisions. • Additional alternative analysis related to channelization and signalization. • Revised design direction after late stage submittals. Q 3 Packet Pg. 147 2.8.a Assumptions: Provided fee for this task assumes that Blueline will be approved to bill task 013 Management Reserves. General Assumptions and Notes • Scope and fees outlined above are based on the Project Understanding included with this proposal as well as the following information (any changes to these documents may result in changes to the fees): o Correspondence, as well as enclosed drawings and reports, prior to the effective date of this Agreement. • The following items are not anticipated to be necessary and are not included in this proposal o Construction Administration, Staking, or Inspection Services (a separate fee proposal can be provided upon request). • Blueline will not pay any Agency fees on behalf of the Client. This includes any fees associated with permits and easements. • The fees stated above do not include reimbursable expenses such as large format copies (larger than legal size), mileage, and plots. These will appear under a separate task called EXPENSES. • Time and expense items are based on Blueline's current hourly rates. • These fees stated above are valid if accepted within 30 days of the date of the proposal. • Blueline reserves the right to adjust fees per current market conditions for tasks not started within a year of contract execution. • Blueline reserves the right to move funds between approved Tasks 101-105 as necessary based on approved scope of work provided the overall budget of Tasks 101-105 is not exceeded. Client Project Manager will be notified if funds are shifted. • Project stops/starts and significant changes to the Project Schedule may result in changes to the fees provided above and a separate fee proposal will be provided. • Client revisions requested after the work is completed will be billed at an hourly rate under a new task called Client Requested Revisions. A fee estimate can be provided to the Client prior to proceeding with the revisions. • If the Client requests Blueline's assistance in complying with any public records request, including without limitation providing copies of documents and communications, Client will pay Blueline's hourly fees and costs incurred in providing such assistance at then -current rates. Such fees and costs will be billed as a separate task and will be in addition to the maximum or total fees and costs stated in the agreement to which this scope of work as attached. r a 4 Packet Pg. 148