2023-10-10 City Council PPW Packet2
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PARKS & PUBLIC WORKS - SPECIAL MEETING
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
OCTOBER 10, 2023, 4:30 PM
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COMMITTEE MEMBERS: DAVE TETZEL (CHAIR), DIANE BUCKSHNIS, COUNCIL PRESIDENT (EX-
OFFICIO MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. International District Permanent Banner Design Project (10 min)
2. Presentation of PSA Amendment with Consor North America, Inc for Yost and Seaview Reservoir
Repairs and Upgrades Project (10 min)
3. Presentation of Supplemental Agreement with WSP for construction management services on
the 76th Ave Overlay project. (5 min)
4. City of Lynnwood/Meadowdale Playground Expenditure Request (20 min)
5. Longbay Enterprises Contract Amendment No. 6 (5 min)
6. Presentation of Supplemental Agreement with WSP for Highway 99 Revitalization & Gateway
Project (5 min)
7. Supplemental Agreement with SCJ for Highway 99 Stage 2 (5 min)
Edmonds City Council Agenda
October 10, 2023
Page 1
ADJOURNMENT: 5:45 PM
Edmonds City Council Agenda
October 10, 2023
Page 2
2.1
City Council Agenda Item
Meeting Date: 10/10/2023
International District Permanent Banner Design Project
Staff Lead: Frances Chapin
Department: Community Services
Preparer: Megan Luttrell
Background/History
In 2004, the City funded an enhancement study and accompanying market analysis of the SR 99 area.
One primary recommendation was to build on the identity of a growing cluster of international
businesses on Hwy 99. This International District in Edmonds is located approximately between 238th
and 224t" Streets SW on SR99
In 2005, Economic Development, Engineering and Cultural Services worked together to apply for a
federal Transportation Enhancements grant, receiving the first of three awards in 2006.
The project goals were to strengthen the International District identity through improving visual
identity/aesthetics and pedestrian comfort with new gateway elements including new artist made
pedestrian level lighting, new district identification signage on custom light poles, resurfacing of the
island at 76th and the addition of a solar lit sculptural piece on the island as part of the gateway.
Additional funding was awarded in 2008 and in 2011 the project was expanded to 13 custom light poles
with 7 artist enhanced pedestrian lights, for a total capital project construction budget of $662,000 in
Federal funds. Of that total, $100,000 was for artwork.
The artist, Pam Beyette, was selected through a competitive process and approved by City Council in
2008. The intent of her design of pedestrian level lighting lanterns called "Eight Paths of Light" was to
utilize an international icon, the lantern, to evoke the shared cultural symbols of light, celebration,
harmony and joy and create a welcoming landmark to Edmonds' International District. In addition to the
custom red poles, and artwork lanterns, the project included a graphic district identification used on
signage and banners that were added to the light poles. The project was completed and dedicated in
early 2014. The temporary fiber banners, approximately 18" x 120", did not hold up well and were taken
down about a year later. The current project is to replace those banners with permanent artist designed
cut metal banners. Public art projects with a significant budget are generally brought to City Council to
provide information and for approval of the call for artists.
Staff Recommendation
Move approval of RFQ Call for Artists - Edmonds International District Permanent Banner Design Project
to Consent Agenda.
Narrative
The original project intended to replace the fiber banners when worn, but it became evident that
replacement with standard temporary banner materials was impractical and hazardous because of the
wear from windy conditions. The remaining budget of $39,535 currently in the 332 fund for the banner
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2.1
project is for replacements. The Arts Commission has been looking at opportunities to add public art in
the Hwy 99 corridor. They proposed and approved using additional funds from the municipal arts fund
to increase the budget and make it possible to install artist designed permanent cut metal banners on
the red light poles in the International District. To ensure consistency of fabrication and installation
meeting City defined standards the banners will be designed by artists but fabrication and installation
will be contracted out by the City. The funding has been identified and the next step is to advertise a call
for artists to design images for the banners. The call for artists is a Request for Qualifications and from
the pool of applicants up to 8 will be selected to create original designs for the banners per City provided
specifications. The attached draft call for artists was approved by the Arts Commission on Oct 2, 2023.
Up to 8 artists will be selected to create two final designs for a stipend of $2,000, a total design fee
budget of $16,000. Designs to be fabricated in cut metal will be viewable from both sides and the
required theme includes reflecting the cultural context of the Edmonds International District and
reinforcing visual welcoming and placemaking. Additional project costs including engineering, bracket
design, graphic design oversight, fabrication and installation will be contracted out. The total proposed
budget for the project is $78,000 for the 13 installed permanent art banners. $39,535 is from the original
capital project funds held in fund 332 and $38,465 is from the 117 Municipal Arts Fund approved by the
Arts Commission.
Attachments:
RFQ for Banner Project Call
Proposed Banner
Original Banner
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2.1.a
RFQ Call for Artists - Edmonds International District Permanent Banner Design Project
The City of Edmonds Arts Commission is seeking to commission artists/graphic designers to
create designs for permanent cut metal banners to be attached to light poles in the Edmonds
International District on Hwy 99. Up to 8 artists will be selected based on qualifications and
compensated to create design proposals.
Eligibility:
This opportunity is open to artists and creatives including graphic designers and other artists
who work in 2-dimensional media who reside in the NW. It is open to established and
emerging artists including students, and applicants will be asked to provide a statement
about why they are interested in creating designs for this neighborhood.
Purpose:
Create designs for cut metal permanent banners to be attached to 13 red light poles in
Edmonds International District (approx. 2241" to 2381" SW) on east side of Hwy 99. The
permanent banners replace original temporary banners approximately 18" x 120" attached
above the lanterns as well as on the additional light poles. The permanent banners should add
visual identity to the District in keeping with existing artwork and cultural context of the
neighborhood. Banners will be viewable from both directions so the cut metal design must be
visually effective from both sides. The project is for design only, the fabrication and installation
of the banners will be contracted out by the City of Edmonds.
Theme:
The intent of the original enhancements project was to create a distinctive and welcoming
landmark to the Edmonds' International District. Artist Pam Beyette's public art installation of 7
pedestrian level lighting lanterns, "Eight Paths of Light", plus one stand alone lantern, installed
in 2013, utilizes an international icon, the lantern, to evoke the shared cultural symbols of light,
celebration, harmony and joy to create a welcoming visual for the District. The District is home
to a vibrant mix of distinctive international businesses. Designs for the permanent banners
should work effectively with the existing lantern artwork and reflect the cultural context of the
International District neighborhood.
Artist Selection:
Submissions through the City of Edmonds Arts Commission Submittable portal should include
the following:
5-10 sample images of previously completed projects that represent your body of work.
Information about each work sample image including title, year, location, medium and
dimensions.
Describe your interest in the project and general ideas you would like to explore.
Describe why you are interested in creating designs for this neighborhood.
Resume or bio, 3 page limit.
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2.1.a
Please do not send specific designs or proposals at this time. Only finalists will be
compensated to create design proposals.
Submittal Review:
The Edmonds Arts Commission and a selection panel will review artist submittals and select up
to eight (8) finalists to create designs. Review will be based on the following criteria:
• Quality and originality of work in the samples provided
• Style or approach and opportunity for impact in a busy built environment
• Interest and experience in creating work that responds to the place and community
• Connection to the Edmonds International District
The selected artists will be provided with specifications and additional information for the
designs, including: size (approx. 18" x 120"), materials, bracket system, black color, percent of
negative space, static (not kinetic), timeless design, stand alone and viewable from both sides,
not specifically lit, and no guarantee on specific location.
Final Design Review:
Finalists will be paid a stipend of $2,000 to create 3 design concepts and to finalize and provide
final design files for two concepts. Selection will be based on:
• Interpretation and clarity of the theme to the viewer
Creativity and originality of the depicted theme
Quality of artistic composition and overall design based on the theme
Overall impression of the art in the built environment e.g. is it visually compelling and
legible in the busy highway setting
Application Deadline:
December 1, 2023, by 5 pm
Applications must be submitted on Submittable. (link)
For questions contact eac@edmondswa.gov
Estimated Project Timeline:
October 2023 — Call for Artists RFQ advertised
December 2023 — Artist Selection Process, Contract with up to 8 artists
January 2024 — Final Design Selection
February — April 2024— Fabrication and Installation
The City of Edmonds reserves the right to request additional information, select fewer
applicants or no applicants if none of the applications are deemed acceptable, or revise or
extend the call to artists.
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2.1.a
Sample locations for artwork banners:
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2.2
City Council Agenda Item
Meeting Date: 10/10/2023
Presentation of PSA Amendment with Consor North America, Inc for Yost and Seaview Reservoir Repairs
and Upgrades Project
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On June 21, 2022, City Council approved a professional services agreement with MurraySmith to
complete preliminary design work.
Staff Recommendation
Forward item to City Council for approval.
Narrative
The City issued a Request for Qualifications (RFQ) in March 2022 to hire a consultant to provide design
engineering services for the Yost and Seaview Reservoir Repairs and Upgrades. The City received
statements of qualifications from two (2) engineering firms. The staff selection committee selected
MurraySmith based on their qualifications and experience and received council approval on June 21,
2022, for the mayor to sign an agreement to provide preliminary design engineering services for the
project. Since the signing of the first phase of the contract, MurraySmith has undergone a merger with
design engineering firm Consor. Other than the change in name, the design team offices and overall
consultant staff working on the project have not changed.
The proposed contract will take the design of the project from 30% to a 100% level. As part of this work,
the design will address needed structural upgrades to bring both structures up to current code
standards and replace piping and appurtenances in both reservoirs, repair water leaks in the Yost
Reservoir and provide any other upgrades required by the state department of health.
The final design is scheduled for completion by late 2024, with construction tentatively planned to start
in 2025. When the project design approaches completion, a separate scope and fee/supplement will be
drafted for support services during construction and submitted to City Council for approval.
Per the attached negotiated scope of services, the cost to complete final design is $422,634, bringing the
total project design costs to $675,575. All project costs will be funded by the 421 Water Utility Fund.
Attachments:
Attachment 1 - Amendment
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2.2.a
CITY OF
EDMONDS
s
121 5T" AVENUE NORTH •
EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750
Website: www.edmondswa.gov
-
PUBLIC WORKS
DEPARTMENT
Engineering Division
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
Yost and Seaview Reservoirs Repairs and Upgrades
MIKE NELSON
MAYOR
WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City," and
Murraysmith, hereinafter referred to as the "Consultant," entered into an underlying agreement for
design, engineering, and consulting services with respect to a project known as Yost and Seaview
Reservoirs Repairs and Upgrades project, dated June 23, 2023 ("Underlying Agreement"); and
WHEREAS, the Consultant has undergone a corporate name change and the parties desire
to document the Consultant's official name and its agreement to undertake the responsibilities of
the Underlying Agreement; and
WHEREAS, additional tasks to the original Scope of Work have been identified with
regard to providing engineering services;
NOW THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties thereto as follows:
1. The Underlying Agreement of June 23, 2023 between the parties, incorporated by
this reference as fully as if herein set forth, is amended in, but only in, the following respects:
1.1 Consultant Name. The Consultant, formerly known as Murraysmith, is now
doing business as Consor North America, Inc. The Consultant hereby agrees to undertake all of
the obligations and responsibilities of the Consultant set forth in the Underlying Agreement and
any amendments thereto.
1.2 Scope of Work. The Scope of Work set forth in the Underlying Agreement
is hereby amended to include the additional services and material necessary to accomplish the
stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if
herein set forth.
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2.2.a
1.3 Payment. The $253,941 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 $422,634 for the additional scope of work identified in Exhibit
A to this Amendment No. 1. As a result of this Amendment No. 1, the total contract amount is
increased to a new total not -to -exceed amount of $676,575 ($253,941 plus $422,634).
1.4 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 attached
Exhibit B, incorporated by this reference as fully as if herein set forth.
2. In all other respects, the Underlying Agreement between the parties shall remain in
full force and effect, amended as set forth in this Amendment No. 1 but only as set forth herein.
DONE this day of , 2023.
CITY OF EDMONDS CONSOR NORTH AMERICA, INC.
Michael Nelson, Mayor
ATTEST/AUTHENTICATE:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Printed Name:
Title:
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2.2.a
STATE OF WASHINGTON)
)ss
COUNTY OF )
On this day of , 2023, before me, the undersigned, 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:
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2.2.a
EXHIBIT A
SCOPE OF SERVICES
YOST AND SEAVIEW RESERVOIRS REPAIRS AND
UPGRADES
PHASE 2 — FINAL DESIGN & BIDDING SUPPORT
CITY OF EDMONDS
Project Overview and Understanding
Consor has developed the following Scope of Services and accompanying fee estimate to provide final
design and bidding support services for the City of Edmonds (City) Yost and Seaview Reservoirs Repairs and
Upgrades project. The scope and the fee have been developed based on discussions with City staff and our
understanding of the project from the previously completed tasks, which included an assessment of both
reservoirs, and Phase 1, which included an evaluation of alternative improvements and 30% preliminary
design for the selected improvements. Services during construction will be included in a scope of services
for the next phase of the project.
The following is a list of the primary rehabilitation improvements to be designed for each reservoir. Other
needed work and replacements addressed in the June 16, 2023 Alternatives Workshop and documented
in the project reports will also be included in the final design.
➢ Install Fiberglass Reinforced Plastic (FRP) to the roof and walls
➢ Install roof -to -wall anchor brackets
➢ Non-structural rehabilitation of the reservoirs' interior to address leakage
➢ Replace existing 18-inch diameter Yost Reservoir outlet valve near Maple Street & 96th Ave W
➢ Repairs and upgrades to the reservoir piping
Scope of Services
The Scope of Services includes the following work tasks.
➢ Task 1—
Project Management
➢ Task 2
— Subconsultant Coordination and Review
➢ Task 3
— Final Design
➢ Task 4
— Permitting and Agency Review Support
➢ Task 5
— Bidding Support Services
➢ Task 6—SubconsultantServices
➢ Task 7
— Unanticipated Task Reserve (As Needed)
Detailed descriptions of each major work task follow.
Consor • October 2023 • City of Edmnndc
Yost & Seaview Reservoir Repairs & Upgr Packet Pg. 17
2.2.a
Task 1 - Project Management
Objective
Coordinate, monitor, and control the project resources to meet the technical, communication, and
contractual obligations required for developing and implementing the project scope.
1.1 Invoices and Progress Reports
Prepare and submit electronic monthly invoice for review and approval by the City. Each invoice shall
include the following information.
➢ Billing period (start and end date) included in the invoice
➢ Description of work accomplished for the billing period
➢ Name, billing rate and hours for each resource that worked on each task
➢ Percent spent (by task if appropriate to the project)
➢ Potential out -of -scope work items
1.2 Project Team Management
Consor's Project Manager will manage project staff and subconsultants in conformance with the scope of
services, fee estimate, and schedule.
1.3 Quality Assurance (QA)
Consor's Project Manager will manage in-house quality control reviews of deliverables.
Provided by the City
➢ Timely review and processing of consultant invoices
Task Deliverables
➢ Monthly invoices and progress reports
Assumptions
➢ Consultant assumes a Notice to Proceed date in late October 2023 or early November 2023.
➢ The total length of this phase of the project is estimated to be up to fifteen (15) months.
Task 2 — Subconsultant Coordination and Review
Objective
Work under this task includes coordinating subconsultant work tasks and review of subconsultant work
products.
2.1 Structural Coordination and Review
Manage subconsultant task orders and coordinate with subconsultant. Coordinate structural tasks with
Peterson Structural Engineers and review structural deliverables.
Consor • October 2023 • City of Edmonds
Yost & Seaview Reservoir Repairs & Upgrades • 2
Exh A - Yost Seaview Reservoirs Design Bidding Scope 10-4-23 Packet Pg. 18
2.2.a
Task 3 — Final Design
Objective
Produce bid -ready documents including final design plans, specifications, and an opinion of probable
construction cost (OPCC or "estimate") (PS&E) for the project per the 30% preliminary plans and design
elements documented in the Project Report from Phase 1 of the project. Final Bid -Ready PS&E will
incorporate prior City review comments and be suitable for bidding. Subconsultant services to be
incorporated into the design process are described under Task 6.
3.1 60% Design
Plans will be developed at a 1"=20' scale and include details. Specifications in WSDOT format will include
the City's front-end contract documents and general conditions, and Consor's technical specifications for
all improvements except the reservoir improvements. Consor's technical specifications in CSI format will
be used for the reservoir. PS&E developed by subconsultants will be reviewed for design consistency and
quality prior to incorporating into the design submittal.
The OPCC will be updated based on the 60% design and formatted to reflect the bid items in the bid
schedule of the contract documents. The OPCC shall include a breakdown of improvements with unit
quantities and cost estimates in more detail than the contract bid items.
Include temporary erosion and sediment control (TESC) details and notes.
Perform a constructability review of the 60% design.
Perform quality reviews of deliverables.
3.2. 95% Design
Further develop the PS&E to the 95% completion level based on the 60% design submittal and
modifications from the City's review comments. PS&E developed by subconsultants will be reviewed for
design consistency and quality prior to incorporating into the design submittal.
The OPCC will be updated based on the 95% design and formatted to reflect the bid items in the bid
schedule of the contract documents. The OPCC shall include a breakdown of improvements with unit
quantities and cost estimates in more detail than the contract bid items.
Include temporary erosion and sediment control (TESC) details and notes.
Perform quality reviews of deliverables.
3.3 Final Bid -Ready Documents
Further develop the PS&E to the 100% completion level based on the 95% design submittal and
modifications from the City's review comments. Submit stamped and signed bid -ready contract documents
and plans to the City. Update bid proposal quantities to reflect a bid -ready design package. PS&E developed
by subconsultants will be reviewed for design consistency prior to incorporating into the final submittal.
The OPPC will be updated based on the 100% design and formatted to reflect the bid items in the bid
schedule of the contract documents. The OPCC shall include a breakdown of improvements with unit
quantities and cost estimates in more detail than the contract bid items.
Consor • October 2023 • City of Edmonds
Yost & Seaview Reservoir Repairs & Upgr Packet P 19
Exh A - Yost Seaview Reservoirs Design Bidding g•
2.2.a
Perform quality reviews of deliverables.
3.4 Design Review Workshops
Prepare for and attend up to two (2) design review workshops with City staff after the City's review of the
60% and 95% design deliverables.
3.5 Public Outreach Support
Prepare exhibits for City's project mailers.
Provided by the City
➢ Attendance and participation in workshops.
➢ Complete technical review of the design submittal documents and provide one compiled written set of
comments for each submittal prior to the review workshops.
➢ Standard front-end contract documents and specifications in MS Word format
➢ Workshop scheduling
➢ Review of agenda and meeting summary prepared by Consor for each workshop
Assumptions
➢ Specifications will be in WSDOT format for the City's front-end contract documents and general
conditions, and Consor's technical specifications of all improvements except the reservoir
improvements. Consor's technical specifications will be in CSI format for the reservoir.
➢ City standard details will be included as an appendix to the contract documents and not included in the
plans.
➢ City review period is assumed to be three weeks for each design submittal.
➢ Each workshop will be attended by up to three (3) Consor staff; will last for up to two hours; and will
be held at Edmonds City Hall or remotely via Teams.
➢ Exhibits will be prepared for City public outreach mailers, based on estimated 10 hours of effort as
shown in the fee estimate.
Consultant Deliverables
➢ Submission of 60% and 95% design packages includes:
o An electronic copy (PDF format) of the half size (11x17) plan set, specifications, and engineer's
OPCC with a detailed breakdown of improvements; including MS Word documents of the
specifications
➢ Submission of Final Bid -Ready package includes:
Consor • October 2023 • City of Edmonds
Yost & Seaview Reservoir Repairs & Upgrades • 4
Exh A - Yost Seaview Reservoirs Design Bidding Scope 10-4-23 Packet Pg. 20
2.2.a
o An electronic copy (PDF format) of plan set (11x17 and 22x34), specifications, and engineer's
OPCC with a detailed breakdown of improvements; including MS Word documents of the
specifications and design drawings in AutoCAD
➢ Agenda for each workshop (draft and final)
➢ Summary of each workshop (draft and final)
➢ Exhibits for City public outreach mailers.
Task 4 — Permitting and Agency Review Support
Objective
Support the City by providing information and figures for permit applications and agency approvals. City
will take the lead preparing and submitting permits.
4.1 Support City During Permitting
Provide information to the City in support of the permit requirements for the project and assist with
responses to agency review comments. Listed below are anticipated for the project.
➢ City Clearing and Grading Permit with SWPPP
➢ DOH Construction Documents Review
➢ Structural/Building Permit
➢ Storm Permit
4.2 Stormwater Analysis
Perform stormwater analysis, as required, for each site based on the Department of Ecology Stormwater
Management Manual and the City's Stormwater Management Code.
Provided by the City
➢ Preparation of permit applications and payment of permitting fees.
Assumptions
➢ The Clearing and Grading Permit application package is anticipated to be submitted following the 60%
design submittal.
➢ The Structural/Building Permit and Storm Permit applications are anticipated to be submitted following
the 60% design submittal.
➢ The Construction Documents package is anticipated to be submitted following the 95% design
submittal.
➢ If additional permits beyond those listed are required, a scope of services and fee amendment will be
needed.
Consor • October 2023 • City of Edmonds
Yost & Seaview Reservoir Repairs & Upgr Packet P 21
Exh A - Yost Seaview Reservoirs Design Bidding g
2.2.a
Consultant Deliverables
➢ Project information and figures for permit application packages.
➢ Responses to agency review comments.
➢ Stormwater technical report for each site
Task 5 — Bidding Support Services
Objective
Assist the City on an as -needed basis during bidding and award of the project.
5.1 Bidder Inquiries and Addenda
Assist the City in responding to bidders' questions and in documenting conversations; prepare addenda to
clarify the contract documents.
5.2 Pre -bid Conference
Attend a pre -bid conference for the project and provide support to the City for specific agenda items.
5.3 Bid Award Review
Provide supplemental support in reviewing bids, contacting references, verifying qualifications, and
recommending bid award.
Assumptions
➢ The City will coordinate with Builders Exchange for bid advertisement.
➢ The City will take the lead in tasks associated with bid advertisement, addenda distribution, plan holder
administrations, bid evaluation, bid tabulation etc.
➢ The City will be the lead in receiving questions from bidders, subcontractors, equipment suppliers and
other vendors. Upon referral from the City, Consor will respond to questions. The fee estimate is based
on approximately ten (10) questions, though this quantity could vary depending on the complexity of
the questions. Questions related to confirmed errors or omissions of Consor's will be answered without
being charged to the project.
➢ Up to two (2) draft addenda will be prepared for the City.
➢ The Pre -bid Conference will be attended by up to two (2) Consor team members.
Consultant Deliverables
➢ Draft addenda for the City to distribute to plan holders.
➢ Written responses to bidder's questions as required.
Consor • October 2023 • City of Edmonds
Yost & Seaview Reservoir Repairs & Upgrades • 6
Exh A - Yost Seaview Reservoirs Design Bidding Scope 10-4-23 Packet Pg. 22
2.2.a
Task 6 — Subconsultant Services
Objective
Subconsultant services will be provided in support of the final design.
6.1 Structural Engineering (Peterson)
Consor subconsultant, Peterson Structural Engineers (Peterson), will provide structural engineering
services for final design of the two reservoirs. A more detailed description of services is provided in
Peterson's attached scope and fee estimate.
Subconsultant Deliverables
➢ 60% and 95% structural drawings and specifications
➢ Stamped, bid ready structural calculations package
➢ Stamped, bid ready structural drawings and specifications
➢ Structural addenda for the City to distribute to plan holders
Task 7 — Unanticipated Task Reserve (As Needed)
A reserve budget amount has been included in the fee estimate for work under this task, which may include
additional unanticipated work not specifically identified in the scope of work tasks defined above. Such
work items will be undertaken only after written authorization from the City.
Fee Estimate
Work will be performed on a time and expense basis with a total not to exceed amount as shown on the
attached Fee Estimate (Exhibit B).
Schedule Estimate
Below is the estimated schedule for the project.
Activity
Notice to Proceed
60% Design Submittal
95% Design Submittal
Final Bid -Ready Submittal
Bidding & Award
Construction — 1'T Reservoir
Construction — 2nd Reservoir
Estimated Completion
Late October —early November 2023
March 2024
July 2024
October 2024
January 2025
2025
2026
Consor • October 2023 • City of Edmonds
Yost & Seaview Reservoir Repairs & Upgr Packet P 23
Exh A - Yost Seaview Reservoirs Design Bidding g•
2.2.a
EXHIBIT B
YOST AND SEAVIEW RESERVOIRS REPAIRS AND UPGRADES -FINAL DESIGN & BIDDINGSUPPORT
CITY OF EDMONDS
FEE ESTIMATE
LABOR
CLASSIFICATION
(HOURS)
Principal
Engineer
VI
$309
Principal
Engineer
V
$298
Professional
Engineer VII
$222
Technician
IV
$182
Cost Estimator
III
$287
Engineering
Designer III
$182
Administrative
III
$132
Hours
Labor
Subconsultants
Subconsultant
Total with
Markup
Expenses
Structural-
Peterson
Task 1 - Project Management
Task 1.1 - Invoices and Progress Reports
8
15
8
30
61
$ 11,695
$ -
$
$ 11,E
Task 1.2 - Project Team Management
26
12
38
$ 11,153
$ -
$
$ 11,1
Task1.3- Qua lity Assurance
24
24
$ 7,731
$ -
$
$ 7,7
Task 1 Subtotal
58
0
27
0
0
8
30
123
$ 30,579
$ -
$
$
$ 30,5
Task 2 - Sub Coordination & Review
Task 2.1 - Structural Coordination and Review
8
4
24
6
42
$ 10,513
$ -
$
$ 10,5
Task 2 Subtotal
8
4
24
0
0
6
0
42
$ 10,513
$ -
$
$
$ 10,5
Task 3 - Final Design
Task 3.1 - 60% Design
24
30
90
80
6
210
8
448
$ 95,799
$ -
$ 1,840
$ 97,E
Task 3.2 - 95% Design
18
16
90
80
4
210
6
424
$ 88,644
$ -
$ 1,640
$ 90,2
Task 3.3 - Final Bid -Ready Documents
8
6
60
60
2
100
4
240
$ 49,834
$ -
$ 1,180
$ 51,C
Task 3.4 - Design Review Workshops
8
12
16
36
$ 8,390
$ -
$ 100
$ 8,4
Task 3.5 - Public Outreach Support
1
2
4
2
1
10
$ 2,061
$ -
$
$ 2,C
Task 3 Subtotal
59
52
254
224
12
538
19
1158
$ 244,728
$ -
$ -
$ 4,760
$ 249,4
Task 4- Permitting Support
Task 4.1- Support City During Permitting
8
35
70
113
$ 23,959
$ -
$
$ 23,9
Task 4.2 - Stormwater Analysis
2
20
20
40
82
$ 16,634
$ -
$
$ 16,E
Task 4 Subtotal
8
2
55
20
0
110
0
195
$ 40,593
$
-
$ -
$ 40,5
Task 5 - Bidding Support Services
Task 5.1- Bidder Inquiries and Addenda
3
6
9
18
$ 4,063
$ -
$
$ 4,C
Task 5.2 - Pre -bid Conference
4
4
8
$ 1,685
$ -
$ 200
$ 1,8
Task 5.3 - Bid Award Review
2
4
4
10
$ 2,329
$ -
$
$ 2,3
Task S Subtotal
5
0
14
0
0
17
0
36
$ 8,076
$
-
$ 200
$ 8,2
Task 6- Subconsultant Services
Task 6.1 - Structural Engineering (Peterson)
0
$ -
$ 39,260
$ 43,186
$
$ 43,1
Task 6Subtotal
1 0
0
0
0
0
0
0
0
$ -
$ 39,260
$ 43,186
$
$ 43,1
Task 7;:Unanticipated Task Reserve
anticipated Task Reserve (As
Task 7.1eded)
0
$ -
$ -
$ 40,000
$ 40,C
Task 7Subtotal
0
0
L.O
0
0
0
0
$ -
$ -
$ -
$ 40,000
$ 40,0
OTAL-ALLTASKS
49
1554
$ 334,488
$ 39,260
$ 43,186
$ 44,960
$ 412,6
City of Edmonds Yost & Seaview Reservoirs
September 2023 Consor Packet Pg. 24
Exh B - Yos[ &Seaview Reservoirs Design &Bidding Fee 9-26-23.xlsx
2.3
City Council Agenda Item
Meeting Date: 10/10/2023
Presentation of Supplemental Agreement with WSP for construction management services on the 76th
Ave Overlay project.
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On August 23, 2022, City Council approved a Local Agency Consultant Agreement with WSP for
construction management and inspection services on the 76th Ave Overlay project.
On August 15, 2023, City Council approved a supplemental agreement with WSP.
Staff Recommendation
Forward item to consent agenda for approval at the October 17, 2023 City Council meeting.
Narrative
The City contracted with WSP in August 2022 to provide construction management and material
services for the 76th Ave Overlay project. The construction work is complete and final close-out will
continue into 2024. The term of the agreement is being extended thru June 2024 so WSP can assist with
the close-out process and be available if WSDOT performs an audit on the federal documents and
project billing.
Local agencies must use WSDOT's Local Agency Consultant Agreement when there are federal or state
transportation grant funds. The Agreement includes a completion date. The proposed Supplemental
Agreement is only necessary to extend the contract time and it is a no cost adjustment.
Attachments:
Attachment 1 - Supplemental Agreement
Attachment 2 - Area Map
Packet Pg. 25
2.3.a
Washington State
Department of Transportation
Supplemental Agreement
Organization and Address
Number 2
WSP USA Inc
1001 4th Ave, Ste 3100
Seattle, WA 98154
Original Agreement Number
LA-10024
Phone: 206-431-2269
Project Number
Execution Date
Completion Date
STPUL-2511(005)
08/24/2022
06/30/2024
Project Title
New Maximum Amount Payable
City of Edmonds 76th Avenue W Overlay Project
$ 137,612 (Unchanged)
Description of Work
Extending the contract date. (No cost change)
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with WSP USA Inc
and executed on 8/24/2022 and identified as Agreement No. LA-10024
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: No change
III
Section V, PAYMENT, shall be amended as follows:
No change
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
LIM
Consultant Signature Approving Authority Signature
DOT Form 140-063
Revised 09/2005
Packet Pg. 26
2.3.b
76TH AVE PAVE - AREA MAP
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.
2.4
City Council Agenda Item
Meeting Date: 10/10/2023
City of Lynnwood/Meadowdale Playground Expenditure Request
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Narrative
The cities of Lynnwood and Edmonds and Edmonds School District have an Interlocal Agreement (ILA)
for the Meadowdale Playfields. The ILA outlines shared costs for capital improvements, renovations and
ongoing maintenance. The 2017 Development Agreement (part of the ILA, Attachment #1) identifies an
improvement project of redevelopment of two multipurpose fields, three softball fields and backstops,
perimeter fencing, and walking pathways. The City of Edmonds provided funding by contributing
$500,000 to the softball fields; the entire park project expense was $5,147,155. As a condition of the
current ILA both cities share 50% of the annual maintenance costs of the entire park and 50% of the
revenue generated from park rentals.
The City of Lynnwood recently updated the playground at the park and initially requested $111,492
from the City of Edmonds for 50% of the cost the 2023 amenity replacement project at the Meadowdale
Playfields. Without prior notification or authorization by Edmonds, Lynnwood upgraded the playground
to an inclusive level which significantly increased the project cost. (See Background/History below for
more detail). The City of Lynnwood is now requesting $248,538 from the City of Edmonds based on a
total project cost of $507,077 (Attachment #2 - Playground design and cost). A $10,000 grant from
Snohomish County results in a balance of $497,077 proposed by Lynnwood to be shared equal between
the two cities.
Expenditure Eligibility
There is some question as to whether the playground replacement costs are an eligible expenditure in
the ILA. The question is whether the ILA applies to the entire Meadowdale Playfields park or just the
shared improvement project identified in the 2017 ILA.
The City of Edmonds' legal counsel, Lighthouse Law Group, opinion states "The current (2017) ILA
...clearly states that the shared financial and other responsibilities of the parties specified in the ILA
relate to the defined "Project," which is described in Section 1 as including the redevelopment of two
multipurpose fields, three softball fields, and backstops, perimeter fencing, and walking pathways."
Additional capital improvements to the park requires a revised or new ILA as "there is no provision in
the ILA that commits either Edmonds or Lynnwood to provide any further funding or other support for
additional athletic field or park improvements" (Attachment #3 - legal opinion email). Section 4 of the
ILA states "The Cities, County, or School District may propose additional development plans for the
recreation site after first consulting with the other parties to this Agreement concerning the feasibility of
such development."
Packet Pg. 28
2.4
The City of Lynnwood states the playground expenditure qualifies as parks maintenance. City of
Edmonds staff does not agree that a $500,000 playground replacement and upgrade is considered park
maintenance, but rather a capital project and therefore not eligible as a maintenance expenditure for
which Edmonds has 50% responsibility.
Funding Source
Although funding was available through project savings in 2022, the current adopted 2023 Parks Capital
budget does not have a specific allocation for this funding request at either amount. However, the Civic
Park project is projected to finish under budget and there is sufficient REET revenue to cover the request
of $111,492. There is not however, sufficient REET funds for the $248,538 without decreasing funding
for 2024 park capital projects.
Options
There are three basic options for consideration in response to the City of Lynnwood's request to provide
partial funding of the 2023 Meadowdale Playfield Park playground replacement -
1. Commit $248,538 for the playground replacement and determine which 2024 Parks capital projects
will not be funded in 2024 to provide the needed additional revenue.
2. Provide $111,492 for the originally proposed playground, which can be paid for this year with 2023
Civic Park project savings.
3. Not assist with funding the new playground based on ILA interpretations.
The City of Lynnwood has submitted a memo in response to this agenda item. (Attachment #4)
Staff Recommendation
In response to the City of Lynnwood's request to partially fund the 2022 Meadowdale Playfields
playground replacement project, staff requests the Parks & Public Works Committee provide a
recommendation for full Council consideration to include funding amount, if any.
Background/History
During the 2022 Parks, Recreation & Open Space Plan (PROS) development, the City of Lynnwood
submitted a list of potential major capital projects and cost estimates related to the Meadowdale
Playfields to be incorporated in the PROS Plan CIP/CFP. In January 2022, Lynnwood identified the
playground replacement and related ADA parking space and pathway project with a total cost estimate
of $200,000 (Edmonds contribution of $100,000). In April 2022, Lynnwood informed the City the project
was upgraded to an inclusive level and, as a result, there would be additional costs. In May 2022, the
project cost estimate of $507,077 was shared with Edmonds and 50% cost sharing requested.
This request was initially reviewed by the Parks & Public Works (PPW) Committee on June 14, 2022 with
the recommendation for a full Council presentation. Without Council discussion, this item was referred
back to the PPW Committee for further study during the July 5, 2022 regular council meeting
Attachment #5 - June 14, 2022 PPW Cmte Minutes and Attachment #6 - July 5, 2022 Regular Council
Minutes). It was then scheduled for the July 12, 2022 PPW Committee with agenda item developed, but
Packet Pg. 29
2.4
was eliminated from the agenda prior to the meeting due to a too full committee. The reschedule of
item did not occur.
Attachments:
Executed 2017 Meadowdale Playfields Interlocal Agreement
Legal Counsel Opinion on ILA Expenditure Eligibility
Meadowdale Playfield Playground Design and Cost EstimateOpt
20231004CityofEdmondsPlayfieldsPlaygroundMemo
2022-06-14 PPW Cmte Minutes
2022-07-05 City Council Minutes
Packet Pg. 30
2.4.a
I INTERLOCAL AGREEMENT
2 BETWEEN
3 EDMONDS SCHOOL DISTRICT and THE CITY OF EDMONDS
4 and THE CITY OF LYNNWOOD for the
5 MEADOWDALE PLAYFIELDS REDEVELOPMENT PROJECT
6
7 THIS INTERLOCAL AGREEMENT ("Agreement"), dated as of 5" JO , 2017,
8 is made and entered into by and between EDMONDS SCHOOL DISTRICT NO. 15
9 ("District") and THE CITY OF EDMONDS ("Edmonds") and THE CITY OF LYNNWOOD
10 ("Lynnwood") for the redevelopment project of the Meadowdale Athletic Complex and
11 Playfields ("Playfields").
12
13 RECITALS
14
15 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
16 government units to make the most efficient use of their powers by enabling them to cooperate
17 with other government entities on the basis of mutual advantage and thereby to provide services
18 and facilities in a manner pursuant to forms of governmental organizations that will accord best
19 with geographic, economic population, and other factors influencing the needs and development
20 of local communities; and
21
22 WHEREAS, each of the signatories hereto is a public agency as defined by RCW
23 Chapter 39.34; and
24 WHEREAS, the District owns real property used for school purposes which includes a
25 number of Playfields (referred to as the Meadowdale Playfields or the Playfields) and which is
26 located within the City of Lynnwood at 16700 66th Avenue West, legally described in Exhibit
27 A, attached hereto (the Real Property); and
28 WHEREAS, the District is responsible for the public education of the students in the
29 community, including physical education and athletic activities related to the educational program;
30 and
31
32 WHEREAS, the cities of Edmonds and Lynnwood (collectively referred to as the Cities)
33 have established departments in part for carrying out the purpose of developing and maintaining
34 community athletic and recreation programs; and
35
36 WHEREAS, the District and the Cities are mutually interested in supporting programs for
37 the community in the areas of athletics, recreation and education; and
38
39 WHEREAS, the Cities and the District have recognized for many years that through
40 cooperation, these publicly -owned athletic fields and facilities can be used to meet broader
2017 Meadowdale Playfields Development Agreement
Page 1
Packet Pg. 31
2.4.a
41 community needs for education, recreation and athletic activities than any of the parties can
42 provide separately; and
43
44 WHEREAS, the Cities and the District jointly developed the Meadowdale Playfields in
45 1985 for school, educational, and community use; and
46
47 WHEREAS, the Cities and the District maintain an interlocal agreement which authorizes
48 Edmonds and Lynnwood to jointly operate, maintain, and schedule use of the Playfields and which
49 has a term through June 5, 2025, copy attached hereto as Exhibit B (the 1985 ILA); and
50
51 WHEREAS, Lynnwood and the District entered into an interlocal agreement which
52 extends Lynnwood's use rights and obligations under the 1985 ILA to operate, maintain, and
53 schedule use of the Playfields until 2065, copy attached hereto as Exhibit C; and
S4
55 WHEREAS, the Cities and the District intend to review the 1985 ILA regarding the
56 scheduling, maintenance, fees, and facility rules and restrictions at the Playfields; and
57
58 WHEREAS, the Cities and the District with additional grantors are participating to share
59 the cost of redevelopment of the Playfields as outlined in this Agreement;
60
61 NOW, THEREFORE, the District, Edmonds and Lynnwood hereby agree as
62 follows:
63 1. The purpose of this Agreement is to define the rights and responsibilities of
64 the District, Edmonds and Lynnwood with regard to design, construction, and funding for
65 the project, which includes the redevelopment of two (2) multipurpose fields, three (3)
66 softball fields, backstops, perimeter fencing, and walking pathways (depicted in Exhibit D,
67 attached hereto) of the Playfields for continued use by the parties for education and
68 recreation purposes (the "Project"). All improvements will meet or exceed the 2010
69 American with Disabilities Act requirements.
70
71 2. The District owns the Real Property that is the subject of this Agreement. This
72 Agreement does not contemplate the transfer of ownership of the Real Property, nor to limit
73 the District's ability to comply with its statutory obligations regarding the use and
74 disposition of school property pursuant to RCW 28A.335. By operation of this Agreement,
75 Edmonds and Lynnwood do not acquire any ownership interest in and disclaim any interest
76 to the Playfields and the Real Property, which are and will remain the District's property.
77
78 3. The District agrees to make the Playfields on the Real Property available for
79 redevelopment by the parties and agrees that the athletic fields and facilities comprising the
80 Playfields are intended primarily for school and educational purposes and are for the benefit of
81 students and the school age population that reside within the District.
82
83 4. The District, Edmonds and Lynnwood recognize that the entirety of the
84 Playfields site has a 6f boundary designated by the National Park Service dedicating it to
85 recreational use, as depicted on Exhibit E, and any existing or future non -recreational uses
86 such as the installation of cell towers and antennas must be mitigated to properly convert
2017 Meadowdale Playfields Development Agreement
Page 2
Packet Pg. 32
2.4.a
87 the use by approval of the Washington State Recreation and Conservation Office.
88
89 5. The Cities and District agree to work closely with the surrounding community
90 in the design and approval of Project development.
91
92 6. Lynnwood will serve as the project manager for design and as the
93 construction agent for the Project, for the purpose of initially incurring all expenses for all
94 elements of the construction of the joint facility, including but not limited to architect and
95 engineering fees, site development/construction fees, processing change orders, if any,
96 Washington State sales tax, and securing permits. The Project shall be constructed and
97 performed in accordance with all state and local laws, regulations, policies and standards. All
98 construction contracts shall be procured through a formal competitive bidding process consistent
99 with applicable State law.
100
101 7. The Cities and District agree that no award of a construction contract for the
102 Project will be authorized until such time as all of the parties have approved the final plans,
103 specifications and cost estimates for the Project. The District shall have final approval of
104 the Project design including materials to be used in construction. The District expressly
105 disclaims any representation or warranty that such design, plans, and specifications are
106 suited for the uses and purposes intended by the Cities. The construction contract for the
107 Project shall include reasonable warranties from the persons or entities providing labor,
108 goods or professional services to complete the Project construction.
109
110 8. Upon completion of construction of the Project, the District agrees to
111 continue to make available the Playfields to Lynnwood and Edmonds to schedule, maintain
112 and use in accordance with the 1985 ILA, attached as Exhibit B, the extension agreement
113 attached as Exhibit C, or any subsequent agreement.
114
115 9. The District and Cities agree to jointly plan for additional capital expenditures
116 for maintenance and replacement costs for the Playfields.
117
118 10. Lynnwood will form a collaborative partnership with the District, Edmonds,
119 Snohomish County, Snohomish County Tourism Promotion Area, and the State of
120 Washington Recreation and Conservation Office to fund the redevelopment of the Playfields
121 for educational, recreational, and community athletic use.
122
123 11. The District agrees to contribute capital funds in the amount of One Million
124 Dollars and zero cents ($1,000,000.00) towards the redevelopment of the two (2)
125 multipurpose fields and related perimeter backstops, safety netting and fencing, walkways
126 and ADA improvements. Payment will be made to Lynnwood as provided in Paragraph 17
127 below.
128
129 12. Edmonds agrees to contribute capital funds in the amount of Five Hundred
130 Thousand Dollars and zero cents ($500,000.00) towards the redevelopment of perimeter
131 backstops, safety netting and fencing, walkways and ADA improvements of the two (2)
132 multipurpose and three (3) softball fields, except as stated in Paragraph 15 below. Payment
133 will be made to Lynnwood on a reimbursement basis as provided in Paragraph 17 below.
134
2017 Meadowdale Playfields Development Agreement
Page 3
Packet Pg. 33
2.4.a
135 13. Lynnwood agrees to contribute capital funds in an amount up to Two Million
136 Five Hundred Ninety -Seven Thousand One Hundred Fifty -Five Dollars and zero cents
137 ($2,597,155.00) towards any expenses related to the Project, except as stated in Paragraph
138 15 and 16 below.
139
140 14. Lynnwood agrees to contract, bill for reimbursements, and properly account
141 for additional Project grant funding from the State of Washington Recreation and
142 Conservation Office contribution of capital funds in the amount of $750,000, Snohomish
143 County contribution of capital funds in the amount of $200,000, and Snohomish County
144 Tourism Promotion Area contribution of funds in the amount of $100,000. No such contract
145 or other grant funding approval may impose any restriction on the Real Property without
146 the District's review, consent, and written approval.
147
148 15. The parties acknowledge that (1) the bid package for the construction of the
149 Project will include a base bid option that includes use of SBR infill material, and two
150 alternate bid options that include use of other infill material, (2) each of the Cities will have
151 an opportunity to review bids and to recommend a bid option for the Project to the District,
152 and (3) in accordance with Paragraph 7 above, the District has the authority to consider the
153 bids and recommendations of the Cities and to approve the Project's final design. If a bid
154 option that includes use of non-SBR infill material is selected, then each party that
155 recommended (in the case of the Cities) or approved (in the case of the District) such non-
156 SBR bid option shall be responsible, jointly or severally, to pay the difference between the
157 bid amount for the SBR infill material and the bid amount for the other infill material in the
158 selected bid.
159
160 16. In the event that the total cost of the Project exceeds the District's contribution
161 amount under Paragraph 11, Edmonds' contribution amount under Paragraph 12 and this
162 Paragraph 15, Lynnwood's contribution amount under Paragraph 13 above, and the grant
163 funding described in Paragraph 14, Lynnwood shall recommend value -engineering
164 solutions to mitigate the excess costs, and submit the recommendations to the District and
165 Edmonds for their respective approvals, which approvals shall not be unreasonably
166 withheld. If the value -engineering solutions do not completely mitigate any excess costs,
167 Lynnwood shall be responsible for negotiating with the District and Edmonds an addendum
168 to the Agreement for the provision of additional funds from the parties that will cover the
169 excess costs. In the event that the total cost of the Project is less than the District's
170 contribution amount under Paragraph 11, Edmonds' contribution amount under Paragraph
171 12 and Paragraph 15, Lynnwood's "up to" contribution amount of $2,597,155.00 under
172 Paragraph 13, and the grant funding described in Paragraph 14, Lynnwood shall receive the
173 benefit and shall pay less than the full $2,597,155.00 stated in Paragraph 13.
174
175 17. Lynnwood will bill the District and Edmonds for their shares of the Project
176 costs under this Agreement as follows:
177
178 17.1 Upon the award of the contract for the construction of the Project,
179 Lynnwood shall invoice the District for $500,000.00, and upon fifty percent (50%)
180 completion of the construction of the Project, Lynnwood shall invoice the District for the
181 remaining $500,000.00 owed by the District; and
182
2017 Meadowdale Playfields Development Agreement
Page 4
Packet Pg. 34
2.4.a
183 17.2 Upon completion of the construction of the Project, Lynnwood shall invoice
184 Edmonds for $500,000.00 or such other amount as is due from Edmonds under Paragraph
185 15 above.
186
187 The District and Edmonds shall pay the invoiced amounts to Lynnwood within thirty (30)
188 days of the date of the respective invoices to each entity. Any undisputed amount not paid
189 by the date due shall bear interest at the rate of one percent (1 %) per month.
190
191 18. If the Cities' and District's representatives are unable to come to an
192 agreement in the administration of this Agreement and/or any dispute involving this
193 Agreement, including payment of assessments, the matter shall be referred to the Cities'
194 Mayors and the District's Superintendent for resolution within thirty (30) days' notice from
195 the Contract Administrator of the existence of a dispute. Should agreement not be reached
196 among the Mayors and the Superintendent within sixty (60) days' notice from the Contract
197 Administrator of the dispute, the parties shall submit the dispute to a mutually agreed upon
198 private arbitrator for binding resolution. In the event the parties cannot agree on an
199 arbitrator, one may be appointed by the presiding Judge of the Snohomish County Superior
200 Court, with costs of arbitration borne equally. The prevailing party shall be entitled to
201 recover reasonable attorneys' fees and costs related to said arbitration.
202
203 19. The term of this Agreement shall commence upon filing with the County
204 Auditor or upon listing the Agreement by subject on the District's web site or other
205 electronically retrievable public source in accordance with RCW 39.34.040 following
206 mutual execution (the "Effective Date") and shall expire upon Project close-out or when the
207 parties have completed all obligations under this Agreement, whichever occurs last.
208
209 20. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood
210 hereby appoint the District's Executive Director of Business and Operations as the
211 "Administrator", who will be responsible for administering the District's responsibilities
212 under this Agreement and shall take such action as is necessary to ensure this Agreement is
213 implemented in accordance with its terms.
214
215 21. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood
216 hereby appoint the City of Lynnwood's Parks, Recreation & Cultural Arts Director as the
217 "Administrator", who will be responsible for administering Lynnwood's responsibilities
218 under this Agreement and shall take such action as is necessary to ensure this Agreement is
219 implemented in accordance with its terms.
220
221 22. Pursuant to RCW 39.34.030(4)(a), the District, Edmonds, and Lynnwood
222 hereby appoint the City of Edmond's Parks, Recreation, and Cultural Services Director as
223 the "Administrator", who will be responsible for administering Edmonds' responsibilities
224 under this Agreement and shall take such action as is necessary to ensure this Agreement is
225 implemented in accordance with its terms.
226
227 23. This Agreement does not create a separate legal or administrative entity, and
228 consequently is being administered in accordance with RCW 39.34.030(4).
229
230 24. The parties shall maintain records necessary to carry out the purposes of this
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231 Agreement in accordance with generally accepted accounting principles. Such records shall be
232 available during normal working hours for the review of the respective parties, their accounting
233 representatives or the State Auditor.
234
235 25. Lynnwood, Edmonds, and the District each respectively agree to indemnify,
236 defend, and hold harmless each of the other parties from any claims, lawsuits, costs, and
237 judgments arising as a result of their respective negligent or otherwise wrongful acts or
238 omissions, or the acts or omissions of their respective agents, employees, contractors, or
239 officials, in any way related to the Project funding, design, construction, and material selection
240 under this Agreement. The indemnification obligations of the parties are several, and not joint,
241 as to their respective negligence or breach of this Agreement.
242
243 26. This Agreement and all questions concerning the capacity of the parties,
244 execution, validity (or invalidity), and performance of this Agreement, shall be interpreted,
245 construed and enforced in all respects in accordance with the laws of the State of
246 Washington. This Agreement has been negotiated and drafted by all parties and is not to be
247 construed in favor of any party.
248
249 27. Except as provided in the 1985 ILA, as amended, this Agreement represents the
250 entire agreement between the District and the Cities with respect to the Project. This Agreement
251 shall not be amended except in writing mutually agreed to and executed by the Cities and the
252 District. To the extent of any conflict between the terms and conditions of this Agreement and the
253 1985 ILA, this Agreement shall govern and control the rights and obligations of the parties with
254 respect to the Project.
255
256 28. Nothing herein shall be interpreted to create any right or liability with respect to
257 any person or entity not a party to this Agreement.
258
259 29. The parties are independent entities and nothing in this Agreement creates any
260 agency relationship. None of the parties to this Agreement shall be construed to be an officer,
261 agent or employee of any of the other parties.
262
263 30. All notices required to be served or given in accordance with the terms of this
264 Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre -paid, to the
265 following addresses of record, or to such persons and addresses as the respective party may
266 designate in writing in the future:
267
268
Edmonds School District #15
Executive Director of Business and Operations
20420 68th Ave. West
Lynnwood, WA 98036-7400
City of Edmonds
Director of Parks, Recreation and Cultural Services
700 Main Street
Edmonds, WA 98020
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City of Lynnwood
Director of Parks, Recreation and Cultural Arts Department
PO Box 5008
Lvnnwood, WA 98046-5008
269
270 31. This Agreement may be executed in several counterparts, all of which taken
271 together shall constitute the entire agreement between the parties hereto. If any provision of this
272 Agreement is determined to be invalid under any applicable statute or rule of law, it is to that
273 extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
274
275
276
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have exceuted this Agreement as ofthe day and
rear lust written above.
EDMONDS SCHOOL, DISTRICT NO. 15
-d-4 ��ZIZ4�
SUPERINTENDENT KRIJ47i �1cU11[�hY
APPROVED AS TO FORM:
Kristine It Wilson of Perkins Coic LLI'
Attornevs for the School District
CITY OF LYNNWOOD
N•IAYOIZ NICOLA SMITH
ATTEST/AUTHENTICATE:
Sonja Springer, Finance Director
APPROVED AS TO FORM:
Rosemary Larson, City Attorney
8
CITY OF EDMONDS
MAYOR DAVE EARLING
ATTEST/ALITHENTICATE:
Scott I'assey, Cite Clerk
APPIROVED AS TO FORM:
Office of the City Attorney
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277
278
279 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and
280 year first written above.
281
282
EDMONDS SCHOOL DISTRICT NO. 15
SUPERINTENDENT KRISTINE McDUFFY
APPROVED AS TO FORM:
Kristine R. Wilson of Perkins Coie LLP
Attorneys for the School District
CITY OF LYNNWOOD
MAYOR NICOLA SMITH
ATTEST/AUTHENTICATE:
Sonja Springer, Finance Director
APPROVED AS TO FORM:
Rosemary Larson, City Attorney
CITY OF EDMONDS
MAYOR DAVE EARLING
AT T/A NTICATE:
i
cott Passey, City C k
AV?RDio'F.D AS TO
Office of the City Attorney
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277
278
279 IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day and
280 year first written above.
281
282
EDMONDS SCHOOL DISTRICT NO. 15 1 CITY OF EDMONDS
SUPERINTENDENT KRISTINE McDUFFY I MAYOR DAVE EARLING
APPROVED AS TO FORM:
Kristine R. Wilson of Perkins Coie LLP
Attorneys for the School District
CITY OF LYNNWOOD
MAYOR NICOLA SMITH
ATTEST/AUTHENTICATE:
So ja Spri ger, Fim nce Director
APP OVED ASf TO FORM:
Rosemary Urson, City Attorney
ATTEST/AUTHENTICATE:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
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283 EXHIBIT A
284
285 EDMONDS SCHOOL DISTRICT NO. 15
286 Meadowdale Athletic Complex & Plavfields
287
288 Legal Description
289 Tracts 82,83, 107 and 108, Meadowdale Beach, according to plat thereof recorded in Volume 5
290 of Plats, page 38, records of Snohomish County, Washington and adjacent to vacated 68th Ave
291 West.
292
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293
294
295
296
EXHIBIT B
1985 ILA Agreement
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RECEIVED, Is f s �bxl
JUN 2 51985
L"afte Offices
DEVELOPMENT/OPERATION AGREEMENT
MEADOWDALE PLAYFIELD SITE
WHEREAS, each of the subscribed signatbries hereto is a public
agency as defined by RCW Chapter 39.34;
WHEREAS, each of the subscribed signatories desire and agree to
enter into a joint action and to cooperate with each other for the
purpose of developing, operating, maintaining, and scheduling a
recreation-site;and;
WHEREAS, Edmonds School District No. 15 owns approximately
twenty five (25) acres located at 66th Avenue west and 168th Street
S.W., and has indicated said acres to be called "Meadowdale Playfield
Site," and
WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County,
and Edmonds School District No. 15 have identified a need for parks
and recreation sites that will accord best with geographic, economic,
population, and other factors influencing the development of the local
communities, and;
WHEREAS; Edmonds School District has identified the need for
additional athletic fields in this area to enhance the District's
educational program;
NOW THEREFORE, the parties do agree as follows:
1. The Edmonds School District No. 15 agrees to make the
property available for development by the agencies identified in this
Agreement for consideration of use of the fields for school
district -sponsored educational activities. The Cities of Lynnwood,
Edmonds, and Snohomish County intend to establish the responsibility
of each party to this agreement for the development, operation,
maintenance, and scheduling of the recreation site.
2. The drawing dated March; 1985, entitled "Master Plan,"
adopted by the Councils of Lynnwood and Edmonds, Snohomish County's
Parks and Recreation Advisory Board and County Council, and Edmonds
School District No. 15, is hereby made a part of this Agreement. The
plan outlines development on the twenty five -acre site and considers
future developments and scheduling of adjacent School District
property: Meadowdale Elementary, Meadowdale Middle School, and
Meadowdale High School.
3. The Cities, County and School District agree that no call for
bids will be authorized for each phase of the construction until such
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time as all agencies have approved the final
cost estimate for each phase. Also that no
contract shall be made until approved by all
plans, specifications and
award of a construction
agencies.
4. The Cities, County, or School District may propose additional
development plans for the recreation site after first consulting with
the other parties to this Agreement concerning the feasibility of such
development. The costs of preparing such development plans will be
borne entirely by the initiating agency unless a written agreement to
share such costs is approve by all parties prior to the incurring of
any costs. Development plans for the recreation site shall be first
approved by the other agencies prior to initiating construction,
improvement or installation. The preparation of proposed development
plans does not obligate the initiating agency to proceed with
construction.
5. The Cities shall bear the costs of construction. Snohomish
County will contribute $150,000 in 1984/85 and additional amounts, as
is later determined. The Cities of Lynnwood and Edmonds will each
contribute $120,000 per year for five years for construction of the
project.
6. The City of Lynnwood will serve as the construction agent for
the purpose of initially incurring all expenses for all elements of
the construction of the joint facility, including but not limited to
architect and engineering fees, site development/construction fees,
Washington State sales tax, etc.
The Parks and Recreation Director of Lynnwood will act as the
Construction Administrator. The Edmonds Parks and Recreation Director
will act a Construction Administrator in the absence of the Lynnwood
Parks and Recreation Director.
7. The City of Lynnwood shall bill the City of Edmonds and
Snohomish County for their share of the project costs in accordance
with the amounts listed in Section 5. Lynnwood shall keep appropriate
books and accounts covering all construction related costs for review
or audit by the agencies.
8. The Cities will share equally the costs and responsibility of
maintenance, and divide the maintenance and operation responsibility
as each phase of the project is completed. The Cities will each
account for the costs of maintenance and operation of the playfields
and adjust responsibilities annually if they are not equal. The
School District will pay for the costs of field preparation for the
District's use. A detailed maintenance agreement will be developed
after the fina•1 master plan is accepted by all cities and an agreement
is reached on the phases of the project's development.
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9. If it is prudent to close or reduce scheduled use of a field
because of severe adverse weather conditions or other unforeseen
causes, the agencies involved shall confer and agree concerning
reduced use.
10. If the Cities''Parks and Recreatibn Departments and the
District's representative are unable to come to an agreement in the
administration of this Agreement and/or any dispute involving this
Agreement, including payment of assessments or making good on
maintenance agreements, the matter shall be referred to the Cities'
Mayors and the District's Superintendent for resolution. Should
agreement not be reached among the Mayors and the Superintendent, the
Cities and the District will each appoint an arbitrator at their
respective expense. The three arbitrators will be given a designated
time to arrive at a decision which shall be binding on all parties.
11. At least once a year, or upon written request of any party,
this Agreement shall be reviewed by all parties' representatives for
the purpose of reconsidering the equitable distribution of the
responsibilities of each party. Recommendations for amendments shall
be made to the Cities' Mayors and the District's Superintendent and
presented to the Cities' Councils and the'School Board for approval.
12. The Cities and the District, but not the County, shall
indemnify and hold harmless each of the other parties including the
County, to this Agreement and their respective officers, agents and
employees, from any and all loss, damage, liability or expense,
including expense of litigation, resulting from any actual or alleged
injury to any person or firm or to such person or firm's property,
caused by or resulting from any act or omission of the party which
constructs, maintains, or designs any facility or from any act or
omission which occurs as a result of the use of any area or facility
by the party or its guest or invitee. It is the intent of the parties
that each party bear, and indemnify the other parties, from all
claims, costs or loss which relate to that particular party's use, the
use of its guests or invitees and the party's design, construction, or
maintenance of any area or facility. Joint use, design, construction
or maintenance shall result in indemnification by such parties of all
parties not participating in such- joint use, design, construction or
maintenance. Participation by any party by the payment of funds alone
under this Agreement shall not be "used" for the purposes of this
paragraph. It is the stated intent of the parties that the County's
liability under this contract be limited to the amount of its monetary
contribution and that the County shall be liable for no other cost,
charge, claim or liability of any kind.
13. The Cities and the District shall agree on a set of policies
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for use of the facilities. Attached in Appendix "A" are policies and
procedures for the fields.
14. Each agency, in the use of the areas and facilities shall be
responsible for the damage caused by the acts of its officers, agents,
employees, guests, invitees," or visitors that use the facilities, not
to include normal wear and tear. The costs or repairs or replacement
due to vandalism will be shared equally by the Cities.
15. The Cities may assess and collect fees from
participants for any activity held on the site. Edmonds and Lynnwood
will agree on a schedule of fees and charges annually.
16. The Cities or District will furnish and supply all
expendable materials necessary for carrying on their activity at the
facility.
17. Scheduling procedures:
A. The Cities will jointly schedule use of the site with each
agency receiving equal time for scheduling community programs.
Schedules will be coordinated to assure maximum use of the facility.
B. Scheduling will be based on three seasonal time periods,
i.e., Winter - January through March; Spring/Su�-mner - April - August;
and Fall - September through December.
C. School District programs will receive priority use of the
site during the normal school year (September through May), up to 6:00
p.m., Monday through Friday. Scheduling of school programs after 6:00
p.m. will be coordinated with other community programs.
D. Actual scheduling procedures, i.e., field use applications,
rental fees, scheduling dates, supervision of activities, group
priorities, etc., will be jointly developed and coordinated by staff
from both Cities.
E. The District will not pay field rental fees for its use of
the facilities for educational purposes. The District will be
assessed for field lighting costs and field preparation done by the
Cities' maintenance crews (lining, dragging, placement of bases,
etc .) .
F. The Cities and the District will maintain records that will
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make clear the lines of responsibility and liability of the scheduling
agencies.
18. This Agreement.shall be ir effect for forty. (40) years from
this date or until terminated by a majority vote of the parties,
except as provided for in 18.c., or mutually amended in writing in the
same manner as this agreement was executed.
a. Should either of the Cities or the County unilaterally wish
to withdraw from this Agreement, they shall do so only after having
given the other parties written notice of intent to terminate at least
one hundred eighty (180) days prior to such action.
b. Unilateral withdrawal from this Agreement gives the
withdrawing party no rights to recover any portion of its investment
in the site or to use any portion of the site. Ownership of any
improvement other than portable equipment items shall be vested in the
District subject to such rights as shall be agreed upon in writing
prior to the initiation of such improvements.
C. If the District terminates this Agreement before its full
term, the District will give the Cities and the County one hundrec?
eighty (180) days notice of its intent and will reimburse the Cities
and the County for the amortized value of the development costs and
costs of improvements. Value shall be calculated by using the
formula:
Years Agreement in Force
X Replacement Value of All project
40 costs at the time of termination.
19. If a negative Declaration for Environmental Impacts is not
approved, and conditions or mitigations are imposed in accordance with
the State Environmental Protection Act that would impose greatly
increased costs not anticipated by this Agreement, any party may
withdraw from this Agreement without penalty.
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20. If any action, subsection, sentence, clause, or phrase of
this Agreement is for any reason held to be unconstitutional or
illegal, such decision shall not affect the validity of the remaining
portions of this Agreement. This Agreement shall be filed with the
City Clerks, Snohomish County Auditor, and the Secretary of State.
DATED this 5th day of June 1985..
CITY OF EDMONDS:
Mayor di mo ds
CITY OF LYNNWOOD:
May 'of Lynnwood
EDMONDS SCHOOL DISTRICT NO. 15
� P6k�; 0—�q les
Su e ntendent of Schools
SNOHOMISH C0U
?HOMAS G ;_50N
DEpL; %:ECU.TIYE�
nty 'ExecuLive N
Lij
J
a
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APPENDIX A
MEADOWDALE PLAY FIELDS
FACILITY USE REGULATIONS
JANUARY, 1985
1. Alcoholic beverages and drugs are prohi-bited-at the complex, and smoki
is prohibited on the playing fields.
2. No golfing is permitted on the site unless approved by the Parks and
Recreation Department.
3. Motorized vehicles are to be parked only in designated parking areas a
are prohibited on the fields.
,. 4. Pets must be on leash at all times except as may be permitted for spec
events approved by the Parks and Recreation Department.
5. No person shall engage in the sale of merchandise or services or oper2
a concession without approval of the Parks and Recreation Department.
6. No person shall mutilate, deface, or damage any facility improvements.
_ All litter shall be disposed of in designated receptacles.
7. Youth organizations will not be permitted to utilize the facilities
-: without adequate adult supervision at all times.
8.- All organizations, groups, and/or Individuals utilizing the faci l i ti e:
must leave them in satisfactory condition. Failure to do so will rest
in additional maintenance costs charged to the organization, group, of
individuals responsible for additional clean-up.
9. The Parks and Recreation Department reserves the right to cancel any
facility use permit for just cause or to amend the procedures set fors
In this document at any time.
10. The Parks and Recreation Department is not responsible for accidents,
injuries, or loss of property.
11. Misuse of park facilities or failure to conform with these regulation!
will be sufficient gro-unds for immediate permit suspension and/or den -
of future applications.
12. The groups using the facilities agree to hold harmless the cities of
Edmonds and Lynnwood, Edmonds School District, and Snohomish County fl
and against any and all claims for damages resulting from death, persl
injury, or property loss or damage suffered or claimed to have been -
suffered by any person whatsoever and rising out of any act or omissii
of an applicant and/or its agents during use of facilities.
13. Umpires and/or referees, shall be the final -authority for governing
behavior during scheduled activities.
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MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS
Page 2
14. Anyone whose action jeopardizes safety or engages in abusive or
belligerent behavior will be disqualified from play and barred from the
facility.
15. The Facility Supervisor is -responsible for the total operation of the
complex and makes the final decisions regarding facility use.
MD/kw
0829R
.
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297
298
299
300
EXHIBIT C
Lynnwood — District ILA Extension
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Return Name & Address
ww�nmAwnWini�w�ii
Document Title(s)
Reference Number(s) of Related Document(s)
Grantor(s)
Grantee(s) 0
�v -t-
Additional Reference #'s on Page
Additional Grantors on Page _
Additional Grantees on Page_
Legal Description (abbreviated form: ie Lot/Block/Plat or Section/Township/Range)
Assessor's Property Tax Parcel/Account Number
Complete Legal on Page
Additional Parcel #'s on Page _
The Auditor/Recorder will rely on the information provided on this form. The responsibility for the
accuracy of the indexing information is that of the document preparer.
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EXTENSION OF INTERLOCAL AGREEMENT
BETWEEN
EDMONDS SCHOOL DISTRICT and THE CITY OF LYNNWOOD
MEADOWDALE PLAYFIELDS
This Extension of Interlocal Agreement ("Agreement"), dated as of
Ir?N & , 2012, is made and entered into by and between EDMONDS SCHOOL
D _ RICTNO. 15 ("School District") and THE CITY OF LYNNWOOD ("Lynnwood").
RECITALS
WHEREAS the School District and Lynnwood desire to terminate all interlocal
agreements between the School District and Lynnwood with respect to rights and
obligations for Lynnwood's use of the fields and amenities at former Lynnwood High
School, located at 3001 184th Street SW, Lynnwood, WA 98037-4701 ("Former LHS
Agreements"); and
WHEREAS the School District, Lynnwood, the City of Edmonds ("Edmonds") and
Snohomish County (the "County") entered into a Development/Operation.Agreement
Meadowdale Playfields dated June 5, 1985 ("1985 Meadowdale ILA") which pertains to
the approximately 25 acres of real property owned by the School District and located at
66th Avenue West and 168th Street S.W., legally described on Exhibit A ("Meadowdale
Playfields"), which agreement has a current term through June 5, 2025; and
WHEREAS, to forever resolve all outstanding issues between Lynnwood and the
School District arising from or related to the Former LHS Agreements, the School District
and Lynnwood desire to extend Lynnwood's rights and obligations at Meadowdale
Playfields for an additional 40 years beyond the expiration of the current 1985
Meadowdale ILA and contemporaneously terminate, by separate agreement, the Former
LHS Agreements; and
WHEREAS both the School District and Lynnwood desire to maintain cooperative,
collaborative programs and relationships with Edmonds with respect to Parks and
Recreation and other issues of interest to their respective constituents; and
WHEREAS Lynnwood has expressed a desire to expand Lynnwood's rights and
obligations at Meadowdale Playfields to include the rights and obligations of Edmonds
under the 1985 Meadowdale ILA, either at the time Edmonds' rights expire under the 1985
Meadowdale ILA or sooner if possible; and
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WHEREAS the School District will not guarantee the outcome but agrees to pursue
discussions with Edmonds to provide Lynnwood with exclusive use of the Meadowdale
Playfields when not needed for school purposes by the School District, all as set forth in
this Agreement.
NOW, THEREFORE, the School District and Lynnwood hereby agree as follows:
1. PURPOSE
The purposes of this Agreement are to:
(a) extend, as modified by this Agreement, Lynnwood's use rights and obligations
with respect to use of the Meadowdale Playfields under the 1985 Meadowdale ILA by
forty (40) years,
(b) allow Lynnwood to assume additional use rights and obligations at the
Meadowdale Playfields site if Edmonds ceases its use (currently anticipated to occur in
2025 when the 1985 Meadowdale ILA expires as to Edmonds, and potentially sooner if
Edmonds desires to terminate its use of the Meadowdale Playfields sooner), and
(c) establish cost sharing principles between the School District and Lynnwood
regarding potential future redevelopment of the Meadowdale Playfields.
2. CONTRACT ADMINISTRATOR
2.1 Pursuant to RCW 39.34.030(4)(a), to the extent a matter is not governed by the
1985 Meadowdale ILA, the School District and Lynnwood hereby appoint the School
District's Executive Director of Business and Operations as the "Contract
Administrator", who will be responsible for administering this Agreement, and at the
direction of the parties, shall take such action as is necessary to ensure this Agreement
is implemented in accordance with its terms.
2.2 This Agreement does not create a separate legal or administrative entity, and
consequently is being administered in accordance with RCW 39.34.030(4), as provided
in paragraph 2.1.
3. REAL AND PERSONAL PROPERTY
3.1 The School District owns the real property that is the subject of this Agreement.
This Agreement does not contemplate the transfer of ownership of the Property nor to
limit the School District's ability to comply with its statutory obligations regarding the
use and disposition of school property pursuant to RCW 28A.335.
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3.2 The parties will not, during the term of and pursuant to this Agreement, jointly
acquire or hold any property (real or personal) with regard to the Meadowdale
Playfields; provided that the parties may make available to each other, as a matter of
convenience, athletic equipment and other personal property normal and incident to the
use of the Meadowdale Playfields. In the event that any such personal property items
are shared, the parties shall maintain records indicating the nature and quantity of the
items shared. Ownership and maintenance of any such personal property items shall
remain with the party who purchased the personal property item.
3.3 By operation of this Agreement, Lynnwood does not acquire any ownership
interest in and disclaims any interest to the Meadowdale Playfields, which is and will
remain the School District's property.
4. EXTENSION, DURATION AND TERMINATION
4.1 The School District and Lynnwood hereby extend the term of the 1985
Meadowdale ILA, as between themselves only as set forth herein, to June 5, 2065.
4.2 The term of this Agreement shall commence upon filing with the County Auditor
or upon listing the Agreement by subject on the School District's web site or other
electronically retrievable public source in accordance with RCW 39.34.040 following
mutual execution (the "Effective Date") and shall expire on June 5, 2065.
4.3 As between the School District and Lynnwood with respect to any new capital
investment by Lynnwood in the Meadowdale Playfields made after the Effective Date
of this Agreement not joined in by Edmonds under the 1985 Meadowdale ILA,
provided that such investment in the Meadowdale Playfields shall first have been
reviewed and approved in writing by the School District, Lynnwood's refund under
Section 18(c) of the 1985 Meadowdale ILA shall be calculated as follows:
Years this Extension Agreement remains in Force
53
X IReplacement value of Project Construction
Cost at Time of Termination._ J
5. NEGOTIATIONS TOWARD LYNNWOOD EXCLUSIVE USE RIGHTS AT
MEADOWDALE PLAYFIELDS DURING NON -SCHOOL HOURS
5.1 This Agreement does not amend the 1985 Meadowdale ILA, except to (a) extend
the term stated in Paragraph 18 for an additional forty (40) years until June 5, 2065,
and (b) amend the scheduling stated in Paragraph 17. However, the School District
shall engage in good faith negotiations with Edmonds toward moving Edmonds'
scheduling and use of the Meadowdale Playfields to other fields when the current
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Meadowdale ILA expires in 2025 or earlier, and to thereafter provide Lynnwood with
exclusive use rights and obligations at the Meadowdale Playfields site during non -
school hours as set forth in this Section 5. Lynnwood acknowledges (a) the School
District cannot guarantee any particular outcome with regard to negotiations with
Edmonds regarding the termination of Edmonds' use of the Meadowdale Playfields
prior to 2025, and (b) this Section 5.1 does not require the School District to exercise
its termination rights under Section 18(c) of the 1985 Meadowdale ILA to secure any
such cessation of Edmonds' Meadowdale Playfields scheduling or use.
5.2 In furtherance of this Section 5, Lynnwood and the School District will jointly
request review of the 1985 Meadowdale ILA to seek exclusive non -school use and
scheduling rights for Lynnwood if and as soon as Edmonds concurs, as follows:
(a) The School District will continue to have priority use of the Meadowdale
Playfields during school hours as described in the 1985 Meadowdale ILA.
(b) If and when Edmonds terminates its use rights at the Meadowdale
Playfields, Lynnwood shall
1. assume Edmonds' future use rights and obligations during non -
school hours, and thereafter have exclusive use and scheduling rights at the
Meadowdale Playfields, except for the School District's priority use rights during
school hours as described in the 1985 Meadowdale ILA; and
2. assume full responsibility for the maintenance, operation, repairs,
and restoration of the Meadowdale Playfields site as described in the 1985
Meadowdale ILA.
Notwithstanding such amendment, in accordance with section 17(e) of the 1985
Meadowdale ILA, the School District will not pay fees for its use of the Meadowdale
Playfields site for educational purposes, but the School District will be assessed for
field lighting costs and field preparation done by Lynnwood's maintenance crews
(lining, dragging, placement of bases, etc.).
5.3 The City's scheduling periods under Section 17(c) of the 1985 Meadowdale ILA
are revised as follows:
Field M-5 -City of Lynnwood scheduling starts at 5:30 p.m.
Fields M-lthrough 4- City of Lynnwood scheduling starts at 5:00 p.m.
003 58-0835/LEGAL23 60913 1.3 -4-
2017 Meadowdale Playfields Development Agreement
Page 25
Packet Pg. 57
2.4.a
with the understanding that the School District has the right to work with the City to
make special scheduling arrangements on those occasions when the District's use of the
fields need to extend beyond those start times.
6. DEVELOPMENT PLANS FOR MEADOWDALE PLAYFIELDS
6.1 The School District agrees to pay one-half of the cost (subject to section 6.2 and
applicable budgeting and other applicable legal requirements) of master planning the
redevelopment of Meadowdale Playfields at a future mutually -agreeable date, should
Lynnwood wish to consider realigning the fields on the Meadowdale Playfields
property along with any other site improvements. The School District's role in sharing
the cost of the master planning effort, if it occurs, is due to the School District's
continued ownership of the property and the School District's interest in continued
access to and school use of the fields, as well as parking and driveways at the
Meadowdale Playfields as event overflow parking and parent drop-off/pick-up for
Meadowdale Elementary and Meadowdale Middle Schools.
6.2 Upon notice to the School District given on or before May 1 and including an
estimate of the School District share of anticipated costs, for work that cannot be billed
to the School District until the following September, Lynnwood shall have the right to
initiate and take the lead on the master planning and site design and redevelopment
process under this Section 6. As the owner of the Meadowdale Playfields property, the
School District must approve of any redevelopment of the property, which the School
District may grant, deny or condition in its sole discretion. The preparation of and
agreement to pay for master planning costs does not obligate either party to proceed
with construction or redevelopment.
6.3 The School District cannot guarantee but may be willing to share the costs of
redevelopment of the Meadowdale Playfields, but only to the extent that the School
District derives an educational benefit from such redevelopment (which the School
District anticipates may be limited to benefits of the location, function and accessibility
of the parking/driveways as noted in section 6.1, and perhaps the redesign of the
fields).
7. MISCELLANEOUS
7.1 This Agreement together with the 1985 Meadowdale ILA represents the entire
agreement between Lynnwood and the School District with respect to the Meadowdale
Playfields. This Agreement shall not be amended except in writing mutually agreed to
and executed by Lynnwood and the School District, and the 1985 Meadowdale ILA
shall not be amended except in writing in the same manner as that agreement was
executed by all parties thereto.
00358-08351LEGAL2360913 1.3 -5-
2017 Meadowdale Playfields Development Agreement
Page 26
Packet Pg. 58
2.4.a
7.2 This Agreement and all questions concerning the capacity of the parties, execution,
validity (or invalidity), and performance of this Agreement, shall be interpreted,
construed and enforced in all respects in accordance with the laws of the State of
Washington. This Agreement has been negotiated and drafted by all parties and is not
to be construed in favor of any party.
7.3 Nothing herein shall be interpreted to create any right or liability with respect to
any person or entity not a signatory to this Agreement.
7.4 The parties are independent entities and nothing in this Agreement creates any
agency relationship. None of the parties to this Agreement shall be construed to be an
officer, agent or employee of any of the other parties.
7.5 In the event of a dispute between the parties arising under this Agreement, the
Superintendent of the School District and the Mayor of Lynnwood shall meet to
attempt to resolve the dispute within thirty (30) days notice from the Contract
Administrator of the existence of a dispute. In the event the Superintendent and the
Mayor are unable to resolve the dispute within sixty (60) days notice from the Contract
Administrator of the dispute, the parties shall submit the dispute to a mutually agreed
upon private arbitrator for a binding resolution. In the event the parties cannot agree on
an arbitrator, one may be appointed by the Presiding Judge of the Snohomish County
Superior Court, with costs of arbitration borne equally. The prevailing party shall be
entitled to recover reasonable attorneys' fees and costs related to said arbitration.
7.6 All notices required to be served or given in accordance with the terms of this
Agreement shall be hand delivered or mailed via the U.S. Postal Service, postage pre-
paid, to the following addresses of record:
Edmonds School District #15 City of Lynnwood
Executive Director of Business and Director of Parks, Recreation and Cultural
Operations Arts Department
20420 681h Ave. West PO Box 5008
Lynnwood, WA 98036-7400 Lynnwood, WA 98046-5008
7.7 Any address changes shall be given to the other parties in writing.
7.8 This Agreement may be executed in several counterparts, all of which taken
together shall constitute the entire agreement between the parties hereto. If any
provision of this Agreement is determined to be invalid under any applicable statute or
rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement
shall remain enforceable. If and to the extent reasonably required or desirable to
00358-0835/LEGAL236091313 -6-
2017 Meadowdale Playfields Development Agreement
Page 27
Packet Pg. 59
2.4.a
effectuate the terms of this Agreement, each party shall execute and deliver to the other
or third parties involved in issues pertaining to the 1985 Meadowdale ILA such other
and further documents, instruments and assurances as such other or third parry may
reasonably request, provided that neither party to this Agreement may be thereby
required pursuant to this sentence to undertake additional financial or other obligations.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
EDMONPIPSCHOOL DISTRICT NO. 15
NICK L3RCSSSOIT ED. D.
SUPERINTENDENT
DATE:
., -CITY OF L
DON GOUGHIMAY
DATE: ✓��tY/Z-
00358-0835/LEGAL23609131.3
as
kins Coie LLP
Attorneys for the School District
Approved as to form:
w6ut' / - L14^1
of Inslee, est, Doezie & Ryder, P.S.
Attorneys for the City
-7-
2017 Meadowdale Playfields Development Agreement
Page 28
Packet Pg. 60
2.4.a
EXHIBIT D
Project Overview
Project Location: 16700 66th Avenue West (27 acres)
Background
• 27-acre athletic facility developed in 1990, located in Lynnwood
• Property owned by Edmonds School District
• City operates and maintains the facility, and shares use with District and City of Edmonds
• Interlocal Agreement gives City use of the facility through 2065
Community Need
• Only athletic facility in Lynnwood since loss of athletic complex at Lynnwood High School in 2009
• Increased demand for athletic fields in Lynnwood
• Facility is 26 years old - need to improve soccer fields and softball complex
• Fields are not playable in their current condition, expensive to maintain
• League and tournament reservations have declined, fields remain unused during much of the year
Proposed Project
• Soccer fields — replace existing dirt soccer fields with all-weather surfacing to create multipurpose fields for
soccer, lacrosse, and youth baseball.
• Softball Complex — install all-weather turf on softball infields, and increase height of fencing and backstops.
• Improvements would:
-4, provide year-round play with turf fields
-3, bring new team sports to MP (lacrosse, youth baseball, girls fast pitch)
increase opportunities for youth and adult participation in team sports
increase opportunities for outdoor recreation
Community Partners
City of Lynnwood, City of Edmonds, Edmonds School District, Washington State Recreation & Conservation
Office, Snohomish County, and Snohomish County Tourism Promotion Area
Total Project Cost Estimate (value -engineered)
• $4,740,000 (base -bid infill)
SECURED Funding
• $2,597,155
• $1,000,000
• $ 750,000
• $ 500,000
• $ 200,000
• 100,000
$5,147,155
City of Lynnwood
2014 ESD Bond
RCO (Local Parks & YAF)
City of Edmonds
Snohomish County
TPA
Exhibit D: Page 1
2017 Meadowdale Playfields Development Agreement
Page 29
Packet Pg. 61
2.4.a
Project Schedule
• December 13
• January 25
• January 30
• January — March
• March 30
• April - May
• June — November
• December 31
Exhibit D: Page 2
Project Community Open House
Project Stakeholder Open House
Council Briefing
Final Design
Construction Ad
Bid Opening & Notice to Proceed
Construction
Construction Complete and Project Closeout
MEADOWDALE PLAYFIELDS
27 Acres 16700 66th Ave W
2017 Meadowdale Playfields Development Agreement
Page 30
Packet Pg. 62
2.4.a
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Exhibit D: Page 3
2017 Meadowdale Playfields Development Agreement
Page 31
3
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2.4.a
305
306
EXHIBIT E
307 National Park Service Agreement & 6f Boundary Map
308
309
310
2017 Meadowdale Playfields Development Agreement
Page 32
Packet Pg. 64
2.4.a
•
•UMB No. 1024-0033
09/30/84
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SXRVICB
Land and Water Conservation Fund Project Agreement
State Washington Project Number 53-00594
Project Title Meadowdale Playfields
Project Period ;- " Ir136 Project Stage ALL
to June 30, 1991 Covered by this Aareement
Project Scope (Description of Project)
This project involves the further development of the existing'Meadowdale
Playfield complex. ' <,
Project Cost
Total Cost
S 390,000
Fund Support not
to exceed 50%
Fund Amount
$ 150,000
Cost of this
Stage
$ 390,000
Assistance this
Stage
$ 150,000
DIPS 10-90 2
(7-el)
The following are hereby incorporated
into this agreement:
1. General Provisions (LWCF Manual)
2. Project Application and
Attachments.
3.
4.
i
I
2017 Meadowdale Playfielopment Agreement
Page 3
Packet Pg. 65
2.4.a
The United States of America, represented by the Director, National Park
Service, United States Department of the Interior, and the State named above
(herinafter referred to as the State), mutually agree to perform this agreement
in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat.
897 (1964), the provisions and conditions of the Land and Water Conservation
Fund Grants !Manual, and with the terms, promises, conditions, plans,
specifications, estimates, procedures, project proposals, maps, and assurances
attached hereto or retained by the State and hereby made a part hereof.
The United States hereby promises, in consideration of the promises made by the
State herein, to obligate to the State the amount of money referred to above,
and to tender to the State that portion of the obligation which is required to
pay the United States' share of the coats of the above project stage, based
upon the above percentage of assistance. The State hereby promises, in
consideration of the promises made by the United States herein, to execute the
project described above in accordance with the terms of this agreement.
The following special project terms and conditions were added to this agreement
before it was signed by the parties hereto:
In witness whereof, the parties hereto have executed this agreement as of the
date entered below.
THE t3NITED S ATES OF AMSRI�A STATE
SY� WASH I NGTON
By
(Signature) Signature)
National Park Service
United States Department
of the Interior
Date/-?--`;
'�
NPS 10-902
(7-81)
ROBERT L. WILDER
(Name)
Director
(Title)
2017 Meadowdale Playfields Development Agreement
Page 34
Packet Pg. 66
•
UNITED STATES
DEPARTMENT OF THE INTERIOR
NATIONAL P:.RK SERVICE
2.4.a
w
m
STATE Washington
3
(53)
Project Amendment
No. 53-0059�+
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT To Project Agreement No.86-0450is hereby made and agreed upon by
the United States of America, acting through the Director of the National Park
Service and by the State of Washington pursuant to the Land and Water
Conservation Fund Act of 1965, 78 Stat. 897 (1964).
The State and the United States, in mutual consideration of the promises made
herein and in the agreement of which this is an amendment, do promise as
follows:
That the above mentioned agreement is amended by adding the following:
the project cost is increased by $390,000 ($150,000 LWCF/$240,000
local). Project scope is increased to allow for additional development
of the Meadowdale Playfield complex. With this amendment the total
project cost is $780,000 ($300,000 LWCI= and $4+80,000 local),
In all other respects the agreement of which this is an amendment, and the
plans and specifications relevant thereto, shall remain in full force and
effect. In witness whereof the parties hereto have executed this amendment as
of the date entered below.
THE UNITED STATES OF AMERICA�
8
Y
Signature)
ACCXJ CFI E , ri"7CM._.:1 .... DIVISION
(Title)
National Park Service
United States Department of
the Interior
►st�s
Date
STATE
Washington
(State)
Hy Y,)
Signature)
ROBERT L. WILDER
(Name)
Director
(Title)
NPS 10-902a
( 7—B 1) 2017 Meadowdale Playfields Development Agreement
Page 35
Packet Pg. 67
Q ■ n
2.4.a
•
Packet Pg. 69 1
2.4.b
Feser, Angie
From: Sharon Cates <sharon@lighthouselawgroup.com>
Sent: Thursday, February 16, 2023 12:01 PM
To: Feser, Angie
Cc: Burley, Shannon; Cort, Todd; Woods, Kyle
Subject: Re: CoE - CoL ILA legal opinion
Good morning, Angie,
There may be some semantic nuances that may come into play, so please let me know if you think I'm missing
something, but to answer your questions, below:
The current (2017) ILA (see highlighted copy attached) clearly states that the shared financial and other
responsibilities of the parties specified in the ILA relate to the defined "Project," which is described in Section 1
as including the redevelopment of two multipurpose fields, three softball fields, and backstops, perimeter
fencing, and walking pathways. The ILA also refers to certain athletic fields owned by the District as the
"Meadowdale Playfields" (see third "Whereas" paragraph.) The ILA doesn't refer to the property as the
"Meadowdale Playfields Park," as you do in your question below, and I don't know if there is a difference
between that term and the "Meadowdale Playfields" referenced in the ILA.
The 2017 ILA is restricted to the Playfield improvements noted above. Assuming that your question is
referencing these improvements as the "initial park development," there is no provision in the ILA that commits
either Edmonds or Lynnwood to provide any further funding or other support for additional athletic field or park
improvements. Section 27 states that, "[e]xcept as provided in the 1985 ILA, as amended, this Agreement
represents the entire agreement between the District and the Cities with respect to the Project." The 1985 ILA,
which more broadly contemplates improvement to the District property defined therein, states at Section 1 that
the District will make certain of its property available for development by the parties to that ILA, and at Section
4 that "The Cities, County, or School District may propose additional development plans for the recreation site
after first consulting with the other parties to this Agreement concerning the feasibility of such development."
This indicates to me that the 2017 ILA was the result of such a consultation, and that any future development of
the District's property would be done through a new ILA.
Please let me know if this doesn't fully answer your questions.
Best regards,
Sharon
Sharon Cates
600 Stewart Street, Suite 400
Seattle, WA 98101
Phone: 206-273-7440
E-mail: sharon@lighthouselawgroup.com
THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE,
PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE.
Packet Pg. 70
2.4.b
From: "Feser, Angie" <Angie.Feser@edmondswa.gov>
Date: Thursday, February 16, 2023 at 9:09 AM
To: Sharon Cates <sharon@lighthouselawgroup.com>
Cc: Shannon Burley <Shannon.Burley@edmondswa.gov>, Tort, Todd" <Todd.Cort@edmondswa.gov>,
"Woods, Kyle" <Kyle.Woods@EdmondsWa.Gov>
Subject: CoE - CoL ILA legal opinion
Sharon,
I am resuming work on renewing the city's ILA with City of Lynnwood for Meadowdale Playfield Park. I have a couple of
questions about the existing ILA on which I would like to get your legal opinion.
1. Does the current ILA clearly state or imply that ALL improvements to the park are a shared responsibility of the
parties of the agreement or just the athletic fields?
2. Does the current ILA clearly state that both the cities of Edmonds and Lynnwood are each responsible for 50% of
park improvements beyond the initial park development?
Thank you,
Angie Feser I Director I She/Her
Frances Anderson Center 1 700 Main Street I Edmonds WA 98020
425.771.0230 (office) 425.771.0256 (direct) 1425.361.5697 (cell)
Website I Facebook Instagram
4EDMONDS
Cs. [1tECRFA MllYlw sER1f�CE8
Packet Pg. 71
Proposal for
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Prepared by
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GREAT WESTERN
05-12-2022
Job # 105669-01
Meadowdale Playfield Playground Option 3
GameTime
435-901-9544 1 www.gwpark.com
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GameTime C/O Great Western Recreation
P.O. Box C60121 GameTime Fort Pay e8 AL 35967
Office:135-245-5055 Fax:435-245-5057
A FAA CORD C". p-, www.gwpark.com
Meadowdale Playfield Playground Option 3
City of Lynnwood
Attn: Eric Peterson
20522 60th Ave W
Lynnwood, WA 98036
Phone: 425-670-5595
epeterson@lynnwoodwa.org
05/
Quote #
105669-01-03
Ship to Zip 98037
Playground Equipment
1
RDU
GameTime - Custom 5-12 Inclusive Play Structure-
$109,762.00
$73,832.43
$73,832.43
*Reference Drawing 105669-01-Opt 3
1
6263
GameTime - Inclusive Whirl - Natural
$13,999.00
$13,579.03
$13,579.03
1
14928
GameTime - NDS Inclusive Play Sign Package
1
5179
GameTime - Welcome Sign (5-12)
$561.00
$493.68
$493.68
Swing Equipment
1
5056
GameTime - Arch Swing
$7,296.00
$6,128.64
$6,128.64
1
5151
GameTime - Pt Solo Swing Frame 3 1/2" X 8'
$1,365.00
$1,324.05
$1,324.05
1
8537
GameTime - Adaptive Swing W/Chain
$419.00
$368.72
$368.72
1
8696
GameTime - Encl Seat 3 1/2"(8696)
$359.00
$301.56
$301.56
2
8910
GameTime - Belt Seat 3 1/2"Od(8910)
$288.00
$241.92
$483.84
1
5158
GameTime - Express Swing W/Todd Seat 3 1/2"X8'
$1,783.00
$1,497.72
$1,497.72
1
17247
GameTime - Adaptive Swing Safety Belt
$155.00
$130.20
$130.20
2
18826
GameTime - Primetime Swing 3 1/2" X 8'
$1,416.00
$1,373.52
$2,747.04
6630
PIP
GT-Impax - 6630 SF Provide and Install of PIP-
$33.12
$27.16
$180,070.80
6630 Total Sq Ft, 8' CFH
Includes 50/50 std epdm and black - tbd
Includes TTA pads at 3 swing inserts 4x8, 1 swing insert 4x4, 3 slide inserts 4x4
Aromatic Binder, Prevailing Wages
1
SECURITY
GT-Impax - Site Security-
$3,902.00
$3,902.00
$3,902.00
Prevailing Wages
1
INSTALL
Install - Receive and Unload Equipment-
$2,880.00
$2,880.00
$2,880.00
Prevailing Wages
1
INSTALL
Install - Remove and Dispose of Existing Equipment, Concrete Footers-
$6,910.00
$6,910.00
$6,910.00
Prevailing Wages
1
INSTALL
Install - Installation of Equipment-
$93,955.00
$93,955.00
$93,955.00
Prevailing Wages
1
INSTALL
Install - Excavate and Dispose of Dirt, Import and Compact Rock, Install 115 ft of 6 ft
$14,970.00
$14,970.00
$14,970.00
Wide Concrete Path -
Prevailing Wages
1
INSTALL
Install - Prep 4 Inches Subbase for Playground and Swing Pits-
$4,030.00
$4,030.00
$4,030.00
Prevailing Wages
1
INSTALL
Install-Dumpster for Trash-
$1,155.00
$1,155.00
$1,155.00
Prevailing Wages
Page 1 of 5
OMNIAQ
P A R T
Packet Pg. 82
GameTime C/O Great Western Recreation
P.O. Box C60121 GameTime Fort Pay e8 AL 35967
Office:135-245-5055 Fax:435-245-5057
A FAA CORD Cam. p—, www.gwpark.com
Meadowdale Playfield Playground Option 3
05/
Quote #
105669-01-03
1 INSTALL Install - Excavate and Dispose of Dirt and Sod for Swing Pit 255 LF- $9,215.00 $9,215.00 $9,215.00
Prevailing Wages
1 INSTALL Install - Pour 12 Inch Concrete Border for Swing Pit- $12,670.00 $12,670.00 $12,670.00
Prevailing Wages
Contract: OMNIA #2017001134 Sub Total $430,644.71
Material Surcharge $19,833.60
Freight $8,000.00
Tax $48,598.70
Comments
Your Sales Rep is Quinn Connell. Please reach out to Quinn at 435-901-9544 if you should have any questions regarding this quote.
Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old.
"Material Surcharge reflects raw material price increase"
Shipping to Site Address:
16700 66th Ave W
Lynnwood, WA 98037
'Freight charges are based on listed zip code and are subject to change if shipping information changes.
Customer is responsible for offloading.
Prevailing Wages
OMNIA # 5157328
Page 2 of 5
OMNIAQ
P A R T
Packet Pg. 83
CsameTime)
FLA CORD C- p-,
GameTime C/O Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office:135-245-5055 Fax:435-245-5057
www.gwpark.com
Meadowdale Playfield Playground Option 3
Remit Payment to:
GameTime
P.O. Box 680121
Fort Payne, AL 35968
Taxes:
All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided.
If sales tax exempt, you must provide a copy of certificate to be considered exempt.
Prices:
FOB Factory.
05/
Quote #
105669-01-03
Orders:
All orders shall be in writing by purchase order, contract, or similar document made out to PlayCore Wisconsin Inc., dba GameTime.
Standard GameTime equipment orders over $100,000 may require a deposit of 25% at the time of order and an additional 25% at or before order ships
Standard orders with equipment, installation and surfacing are requested to be split billed.
Equipment, Taxes & Freight as noted above
Installation and Surfacing billed as completed and Due Upon Receipt.
Terms:
Cash With Order Discount (CWO): Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer (ACH or wire)
are eligible for a three percent (3%) cash with order discount.
Payment via credit card: If you elect to pay by credit card, GameTime charges a 2.50% processing fee that is assessed on the amount of your
payment. This fee is shown as a separate line item and included in the total amount charged to your credit card. You have the option to pay by
check, ACH or Wire without any additional fees.
Credit terms are Net 30 days, subject to approval by the GameTime Credit Manager. A completed credit application must be submitted and approved
prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require:
Completed Project Information Sheet (if applicable)
Copies of Payment and Performance Bonds (if applicable)
A 1.5% per month finance charge will be imposed on all past due invoices.
Retainage not accepted.
Orders under $5,000 require payment with order.
INSTALLATION CONDITIONS:
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.
• STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once
equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted
on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on Tooter excavation through earth/soil only. Customer shall be responsible for unknown
conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional
labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities.
• ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in
this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
Page 3 of 5
OMNIAQ
P A R T
Packet Pg. 84
GameTime C/O Great Western Recreation
P.O. Box 680121
CsameTime) Fort Payne, AL 35967
Office:135-245-5055 Fax:435-245-5057
A FAA CORD Cam. p—, www.gwpark.com
Meadowdale Playfield Playground Option 3
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Accepted By (printed):
Telephone:
Title:
Fax:
P.O. Number: Date:
Purchase Amount: $507,077.01
SALES TAX EXEMPTION CERTIFICATE
(PLEASE PROVIDE A COPY OF CERTIFICATE)
Salesperson's Signature Customer Signature
DIR Project # (California only)
F
Page 4 of 5
05/
Quote #
105669-01-03
OMNIAQ
P A R T
Packet Pg. 85
GameTime C/O Great Western Recreation
P.O. Box 680121
CsameTime) Fort Payne, AL 35967
Office:135-245-5055 Fax:435-245-5057
FLA CORE co panv www.gwpark.com
Meadowdale Playfield Playground Option 3
Customer Order Info:
BILLING INFORMATION:
Bill to:
Contact:
Address:
Address:
City, State: Zip:
Tel: Fax:
E-mail
SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE)_
Ship to:
Contact:
Address:
Address:
City, State: Zip:
Tel: Fax:
E-mail:
Page 5 of 5
05/
Quote #
105669-01-03
OMNIAQ
P A R T
Packet Pg. 86
2.4.d
LLE LYNNWOOD
W A S N I N G T O N
DARKS, RECREATION 6 CULTURAL ARTS
DATE: October 4, 2023
FROM: Parks, Recreation & Cultural Arts Director Sordel,
Presenter and City of Lynnwood Contact
RE: Meadowdale Playfields Playground Project
BACKGROUND:
MEMORANDUM
For the past 38 years, the cities of Edmonds (COE) and Lynnwood (COL) have shared equally the
costs and responsibilities of the operations and maintenance of the Meadowdale Playfields. In
1985, a 40-year Development and Operations agreement Operations and Maintenance
Agreement provided the foundation of the partnership (See Attachment 1).
This document provided the background and need for parks and recreation services and the fact
the Edmonds School District (ESD) agreed to make the 25 acres available for development. The
park's Master Plan was also made part of this agreement. Section 8 on page 2 provided the
foundation and language for the future operations and maintenance costs of the new park. This
is where the cities were held responsible to "equally share the costs and responsibility of
maintenance and operation for each phase of the project." A detailed maintenance agreement
was to be developed after the final master plan was accepted by both cities.
In late 1990, a second Playfields Operation and Maintenance Agreement was created
(Attachment 2). This document was created after the park was developed and reinforced the
commitment for the cities to equally share the costs of maintenance and operations of the new
park. Please note there is no reference for ESD to contribute to the ongoing maintenance and
operations of the park. ESD contributed the land for development and was never a part of the
park's maintenance.
These two important documents reinforced the fact both cities were created to be "co -equal
partners" to share the ongoing cost of the operations and maintenance of the park. Through
the years, the costs of materials, supplies and equipment have been equally shared. This
partnership has been essential to the success of the quality of care to the park.
PLAYGROUND PROJECT
The original playground equipment was installed in 1990. In 2021, COL determined the
equipment should be replaced as it had completed its useful life. Many safety and liability c`''•i
issues were known so COL informed COE of its intent to remove the playground and begin to N
seek community input on the new equipment. c
m
E
COL initiated a robust outreach effort which included every student at Meadowdale Elementary
School, and residents of both cities were requested to submit their ideas. a
Page I Packet Pg. 87
2.4.d
LLE LYNNWOOD
W A S H 1 N G T O N
PAIRS. oicouTior A CYITYIA� APTS
Hundreds of surveys were received, and the overwhelming responses included the need for an
inclusive type of playground with as many swings as possible. COL began to work with
playground vendors and, through its procurement procedures, selected Great Western
Recreation to lead the development. The project's scope was refined to include the important
findings from the outreach work.
COL shared the design and plans for the replacement. An important fact to note was that, when
the project was initiated, all of the significant ADA issues were identified and made part of the
project. This included the new ADA parking stalls, pathway from the parking lot to the new
playground and a concrete pad for the picnic table adjacent to the new structure.
The poured in place (PIP) surface was selected because of its known safety benefits and
durability along with considerations to the ongoing maintenance of the surface.
PROJECT COSTS
The total cost of the project including the ADA improvements was $509,344.31.
COL received a $10,000 contribution from Snohomish County's Small Capital Project Partnership
program.
This reduced the cost to $499,344.31. A 50% contribution from COE is $249,672.15. Detailed
invoices are included for review (Attachment 3).
SUMMARY
This project was important to both cities. The Playfields are a highly valued site and the new
playground was designed using the tremendous input received. As "co -equal" partners, it is
hoped the costs would be shared equally as described in the ILA documents. The playground
was a deferred maintenance project, and the new investment should last another 30+ years.
COE's boundary is contiguous to this park. Your community members use this park on a regular
basis. This is exactly why we sought input for the park's design.
We sincerely hope COE will honor the terms of the Agreements and the investments made to
create this beautiful park.
Page 2 packet Pg. 88
Attachment 1
2.4.d
CDti'•�-Il-S
RECEIVED,
JUN 251985
Lxecume Offices
DEVELOPMENT/OPERATION AGREEMENT
MEADOWDALE PLAYFIELD SITE
WHEREAS, each of the subscribed signatories hereto is a public
agency as defined by RCW Chapter 39.34;
WHEREAS, each of the subscribed signatories desire and agree to
enter into a joint action and to cooperate with each other for the
purpose of developing, operating, maintaining, and scheduling a
recreation-site;and;
WHEREAS, Edmonds School District No. 15 owns approximately
twenty five (25) acres located at 66th Avenue West and 168th Street
S.W., and has indicated said acres to be called "Meadowdale Playfield
Site," and
WHEREAS, the Cities of Edmonds and Lynnwood, Snohomish County,
and Edmonds School District No. 15 have identified a need for parks
and recreation sites that will accord best with geographic, economic,
population, and other factors influencing the development of the local
communities, and;
WHEREAS; Edmonds School District has identified the need for
additional athletic fields in this area to enhance the District's
educational program;
NOW THEREFORE, the parties do agree as follows:
1. The Edmonds School District No. 15 agrees to make the
property available for development by the agencies identified in this
Agreement for consideration of use of the fields for school
district -sponsored educational activities. The Cities of Lynnwood,
Edmonds, and Snohomish County intend to establish the responsibility
of each party to this agreement for the development, operation,
maintenance, and scheduling of the recreation site.
2. The drawing dated March; 1985, entitled "Master Plan,"
adopted by the Councils of Lynnwood and Edmonds, Snohomish County's
Parks and Recreation Advisory Board and County Council, and Edmonds
School District No. 15, is hereby made a part of this Agreement. The
plan outlines development on the twenty five -acre site and considers
future developments and scheduling of adjacent School District
property: Meadowdale Elementary, Meadowdale Middle School, and
Meadowdale High School.
3. The Cities, County and School District agree that no call for
bids will be authorized for each phase of the construction until such
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Packet Pg. 89
t1�
time as all agencies have approved the final plans, specifications and
cost estimate for each phase. Also that no award of a construction
contract shall be made until approved by all agencies.
4. The Cities, County, or School District may propose additional
development plans for the recreation site after first consulting with
the other parties to this Agreement concerning the feasibility of such
development. The costs of preparing such development plans will be
borne entirely by the initiating agency unless a written agreement to
share such costs is approve by all parties prior to the incurring of
any costs. Development plans for the recreation site shall be first
approved by the other agencies prior to initiating construction,
improvement or installation. The preparation of proposed development
plans does not obligate the initiating agency to proceed with
construction.
5. The Cities shall bear the costs of construction. Snohomish
County will contribute $150,000 in 1984/85 and additional amounts, as
is later determined. The Cities of Lynnwood and Edmonds will each
contribute $120,000 per year for five years for construction of the
project.
6. The City of Lynnwood will serve as the construction agent for
the purpose of initially incurring all expenses for all elements of
the construction of the joint facility, including but not limited to
architect and engineering fees, site development/construction fees,
Washington State sales tax, etc.
The Parks and Recreation Director of Lynnwood will act as the
Construction Administrator. The Edmonds Parks and Recreation Director
will act a Construction Administrator in the absence of the Lynnwood
Parks and Recreation Director.
7. The City of Lynnwood shall bill the City of Edmonds and
Snohomish County for their share of the project costs in accordance
with the amounts listed in Section 5. Lynnwood shall keep appropriate
books and accounts covering all construction related costs for review
or audit by the agencies.
8. The Cities will share equally the costs and responsibility of v
maintenance, and divide the maintenance and operation responsibility o
as each phase of the project is completed. The Cities will each
account for the costs of maintenance and operation of the playfields N
CD
and adjust responsibilities annually if they are not equal. The N
School District will pay for the costs of field preparation for the c
District's use. A detailed maintenance agreement will be developed E
after the final master plan is accepted by all cities and an agreement
is reached on the phases of the project's development. w
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Packet Pg. 90
2.4.d
9. If it is prudent to close or reduce scheduled use of a field
because of severe adverse weather conditions or other unforeseen
causes, the agencies involved shall confer and agree concerning
reduced use.
10. If the Cities' Parks and Recreation Departments and the
District's representative are unable to come to an agreement in the
administration of this Agreement and/or any dispute involving this
Agreement, including payment of assessments or making good on
maintenance agreements, the matter shall be referred to the Cities'
Mayors and the District's Superintendent for resolution. Should
agreement not be reached among the Mayors and the Superintendent, the
Cities and the District will each appoint an arbitrator at their
respective expense. The three arbitrators will be given a designated
time to arrive at a decision which shall be binding on all parties.
11. At least once a year, or upon written request of any party,
this Agreement shall be reviewed by all parties' representatives for
the purpose of reconsidering the equitable distribution of the
responsibilities of each party. Recommendations for amendments shall
be made to the Cities' Mayors and the District's Superintendent and
presented to the Cities' Councils and the School Board for approval.
12. The Cities and the District, but not the County, shall
indemnify and hold harmless each of the other parties including the E
County, to this Agreement and their respective officers, agents and
employees, from any and all loss, damage, liability or expense, _
including expense of litigation, resulting from any actual or alleged c
injury to any person or firm or to such person or firm's property,
caused by or resulting from any act or omission of the party which
constructs, maintains, or designs any facility or from any act or L
omission which occurs as a result of the use of any area or facility :2
by the party or its guest or invitee. It is the intent of the parties
that each party bear, and indemnify the other parties, from all
claims, costs or loss which relate to that particular party's use, the N
use of its guests or invitees and the party's design, construction, or
maintenance of any area or facility. Joint use, design, construction °
or maintenance shall result in indemnification by such parties of all w
parties not participating in such• joint use, design, construction or c
maintenance. Participation by any party by the payment of funds alone w
under this Agreement shall not be "used" for the purposes of this
paragraph. It is the stated intent of the parties that the County's c
liability under this contract be limited to the amount of its monetary N
contribution and that the County shall be liable for no other cost, N
charge, claim or liability of any kind.
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13. The Cities and the District shall agree on a set of policies
a
Packet Pg. 91
2.4.d
for use of the facilities. Attached in Appendix "A" are policies and
procedures for the fields.
14. Each agency, in the use of the areas and.facilities shall be
responsible for the damage caused by the acts of its officers, agents,
employees, guests, invitees," or visitors that use the facilities, not
to include normal wear and tear. The costs or repairs or replacement
due to vandalism will be shared equally by the Cities.
15. The Cities may assess and collect fees from
participants for any activity held on the site. Edmonds and Lynnwood
will agree on a schedule of fees and charges annually.
16. The Cities or District will furnish and supply all
expendable materials necessary for carrying on their activity at the
facility.
17. Scheduling procedures:
A. The Cities will jointly schedule use of the site with each
agency receiving equal time for scheduling community programs.
Schedules will be coordinated to assure maximum use of the facility.
B. Scheduling will be based on three seasonal time periods,
i.e., Winter - January through March; Spring/Summer - April - August;
and Fall - September through December.
C. School District programs will receive priority use of the
site during the normal school year (September through May), up to 6:00
p.m., Monday through Friday. Scheduling of school programs after 6:00
p.m. will be coordinated with other community programs.
D. Actual scheduling procedures, i.e., field use applications,
rental fees, scheduling dates, supervision of activities, group
priorities, etc., will be jointly developed and coordinated by staff
from both Cities.
E. The District will not pay field rental fees for its use of o
the facilities for educational purposes. The District will be N
assessed for field lighting costs and field preparation done by the N
Cities' maintenance crews (lining, dragging, placement of bases,
ai
etc.). S
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F. The Cities and the District will maintain records that will W
Q
Packet Pg. 92
2.4.d
0
make clear the lines of responsibility and liability of the scheduling
agencies.
18. This Agreement shall be in effect for, forty. (40) years from
this date or until terminated by a majority vote of the parties,
except as provided for in 18.c., or mutually amended in writing in the
same manner as this agreement was executed.
a. Should either of the Cities or the County unilaterally wish
to withdraw from this Agreement, they shall do so only after having
given the other parties written notice of intent to terminate at least
one hundred eighty (180) days prior to such action.
b. Unilateral withdrawal from this Agreement gives the
withdrawing party no rights to recover any portion of its investment
in the site or to use any portion of the site. Ownership of any
improvement other than portable equipment items shall be vested in the
District subject to such rights as shall be agreed upon in writing
prior to the initiation of such improvements.
C. If the District terminates this Agreement before its full
term, the District will give the Cities and the County one hundred.
eighty (180) days notice of its intent and will reimburse the Cities
and the County for the amortized value of the development costs and
costs of improvements. Value shall be calculated by using the
formula:
Years Agreement in Force
X Replacement Value of All project
40 costs at the time of termination.
19. If a negative Declaration for Environmental Impacts is not
approved, and conditions or mitigations are imposed in accordance with
the State Environmental Protection Act that would impose greatly
increased costs not anticipated by this Agreement, any party may
withdraw from this Agreement without penalty.
Packet Pg. 93
2.4.d
20. If any action, subsection, sentence, clause, or phrase of
this Agreement is for any reason held to be unconstitutional or
illegal, such decision shall not affect the validity of the remaining
portions of this Agreement. This Agreement shall be filed with the
City Clerks, Snohomish County Auditor, and the Secretary of State.
DATED this 5th day of June 1985..
CITY OF EDMONDS:
Mayor mo ds
CITY OF LYNNWOOD:
May�f'of Lynnwood
EDMONDS SCHOOL DISTRICT NO. 15
P6kq t 9 IeX
Su e ntendent of Schools
SNOHOMISH COU ..
TH01AAS 5 RLSCN
DEPL Y.ECUT{Yb'—
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Packet Pg. 94
2.4.d
J.PPENDIX
MEADOWDALE PLAY FIELDS
FACILITY USE REGULATIONS
JANUARY, 1985
1. Alcoholic beverages and drugs are prohibited at the complex, and sm
is prohibited on the playing fields.
2. No golfing is permitted on the site unless approved by the Parks an
Recreation Department.
3. Motorized vehicles are to be parked only in designated parking area
are prohibited on the fields.
4. Pets must be on leash at all times except as may be permitted for s
events approved by the Parks and Recreation Department.
5. No person shall engage in the sale of merchandise or services or op
a concession without approval of the Parks and Recreation Departmen
6. No person shall mutilate, deface, or damage any facility improvemen
All litter shall be disposed of in designated receptacles.
7. Youth organizations will not be permitted to utilize the facilities
without adequate adult supervision at all times.
8. All organizations, groups, and/or individuals utilizing the facilit
� ;. •;' _ ,:.. must leave them in satisfactory condition. Failure to do so will r
in additional maintenance costs charged to the organization, group,
individuals responsible for additional clean-up.
9. The Parks and Recreation Department reserves the right to cancel an
`acility use permit for just cause or to amend the procedures set f
in this document at any time.
10. The Parks and Recreation Department is not responsible for accident
injuries, or loss of property.
11. Misuse of park facilities or failure to conform with these regulati
will be sufficient grolunds for immediate permit suspension and/or d
of future applications.
12.
The groups using the facilities agree to hold harmless the cities o
Edmonds and Lynnwood, Edmonds School District, and Snohomish County N
and against any and all claims for damages resulting from death, pe N
injury, or property loss or damage suffered or claimed to have been
suffered by any person whatsoever and rising out of any act or omis
of an applicant and/or its agents during use of facilities.
13. Umpires and/or referees shall be the final -authority for governing a
behavior during scheduled activities.
1
Packet Pg. 95
2.4.d
MEADOWDALE PLAY FIELDS FACILITY USE REGULATIONS
Page 2
14. Anyone whose action jeopardizes safety or engages in abusive or
belligerent behavior will be disqualified from play and barred from the
facility.
15. The Facility Supervisor is -responsible for the total operation of the
complex and makes the final decisions regarding facility use.
MD/kw
0829R
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Packet Pg. 96
2.4.d
Attachment 2
MEADOWDALE PLAYFIELD OPERATION AND MAINTENANCE AGREEMENT
WHEREAS, the cities of Edmonds and Lynnwood, Snohomish M
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County, and Edmonds School District No. 15 have jointly developed r
M
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a site known as the Meadowdale Playfield site pursuant to a a
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Development and Operations Agreement dated June 5, 1985; N
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WHEREAS, paragraph 8 of such agreement provides in part that a
J
". the cities will share equally the costs and
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responsibilities of maintenance and each account for the cost of
maintenance and operation of the playfields and adjust -0
ca
responsibilities annually if they are not equal. The School
District will pay for the cost of field preparation for the 0
District's use. A detailed maintenance agreement will be >
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developed after the final master plan is accepted by all cities 0
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and an agreement is reached on the U
g phases of the project's
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development"; and
WHEREAS, the parties wish to provide for a more permanent 3
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basis of operation and maintenance responsibility. NOW, >
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THEREFORE,
2
In consideration of the mutual benefits to be derived and >
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the promises set forth herein, the City of Lynnwood, Washington -a
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(hereinafter "Lynnwood"), and the City of Edmonds, Washington E
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(hereinafter "Edmonds"), do hereby enter into the following
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agreement under the terms and conditions herein set forth: c
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1. Term of Agreement. This agreement shall run from year N
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to year with annual amendments by the parties as herein set
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forth. Its initial term shall be for the budget year January 1,
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WSS52526A/0006.120.054 -1- EXHIBIT 1
WSS/klt 12/04/90-2
Packet Pg. 98
2.4.d
1991, through December 31, 1991. It shall be automatically
renewed unless the underlying Development and Operations
Agreement is terminated by the parties.
2. Managing Agency. Lynnwood is hereby designated as the
managing agency and shall incur all costs associated with the
normal operation and maintenance of the joint facility subject to
appropriate reimbursement from the other parties as herein
provided.
3. Billing. The City of Lynnwood shall provide a detailed
billing statement of the net costs and maintenance operation of
the joint facility to the City of Edmonds on a quarterly basis.
The School District shall pay the cost of field preparation for
District use.
The following estimated costs of such operation and
maintenance shall be established annually as provided below in
paragraph 4. Such estimated costs shall not be conceded on a
quarterly basis without the express written consent of the other
parties.
3.1. Upon receipt the parties shall have twenty (20)
working days to review said bills and tender payment.
3.2. In the event of dispute regarding the amount or
appropriateness of any charge, the affected party shall notify
Lynnwood in writing by depositing same in the U.S. mail addressed
in care of the City Clerk, City of Lynnwood, Lynnwood,
Washington, within the twenty (20) day review period and shall
pay any amount not in dispute within said period.
WSS52526A/0006.120.054 -2-
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2.4.d
3.3. The parties shall attempt to first resolve the
issue between themselves. If they are unable to resolve the
dispute within thirty (30) days of the mailing of the notice of
dispute, the parties shall submit the matter to binding
arbitration before an arbitrator to be mutually agreed upon. The
cost of arbitration shall be born equally between the parties;
provided, however, that either party may refuse to submit to
arbitration any charge or cost alleged to be prohibited by law or
the Constitution of the State of Washington or the United States
of America.
4. Annual Estimates. Lynnwood shall submit annually on or
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3
before September 15 of each year the estimated maintenance and
J
operation costs for the full following budget year. The cost
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shall reflect complete maintenance and field preparation for
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fields 1, 2, 3, 4 and 5 as well as the anticipated electrical and
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as
other utility charges necessary to light all fields and otherwise
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provide for the operation of the complex. Such information shall
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be submitted by that date in order to be reviewed as a part of
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the normal budget process. The maintenance charges shall be
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deemed incorporated into this operation and maintenance
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responsibility when such estimate of charges is attached hereto
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as approved by the City Council of the affected party through the
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budget process. Upon such attachment, this Agreement shall be
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deemed to be renewed for an additional year.
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5. Accounting Procedures. Lynnwood shall keep appropriate
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books and accounts covering the operation and maintenance for
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review or audit by a paying party. A separate accounting shall
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WSS52526A/0006.120.054 —3—
WSS/klt 12/04/90-2 Packet Pg. 100
2.4.d
be maintained for all revenue collected from the complex and
fully credited to each city's or other party's operating and
maintenance account.
6. Insurance. Lynnwood shall provide the necessary
property insurance required for adequate protection of the
facility and naming Edmonds as an additional named insured. The
deductible applicable to all claims shall be $1,000.00 per
occurrence unless otherwise agreed upon by the parties.
7. Interpretation and Incorporation. The prior agreement
between the parties dated June 5, 1985, is hereby incorporated by
this reference as fully as if herein set forth. Such agreement
shall remain in full force and effect and shall govern the
interpretation of the provisions of this Agreement. Also to be
utilized in any interpretation of this Agreement is the "Master
Plan" adopted by the parties and dated March 1985.
B. Normal Operation and Maintenance. Normal operation and
maintenance of the facility shall include the following items:
8.1. Operation.
8.1.1. Receiving and processing of use request
forms, collection of. fees and original scheduling of approved
activities in accordance with the provisions of the original
agreement.
activities.
8.1.2. Set up and supervision of all scheduled
8.1.3. Organization, coordination, and supervision;
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of the concession stand operation. E
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WSS52526A/0006.120.054 -4--
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2.4.d
8.1.4. Purchase of required operating materials
including but not limited to soccer nets, bases, field lining
material, and other similar and normal operational materials.
8.1.5. Payment of all utility charges including
but not limited to electric, water, sewer, garbage, telephone,
alarm and monitoring.
6.2. Maintenance.
8.2.1. Purchase of all materials required for the
normal maintenance of the facility including but not limited to
restroom supplies, garbage bags, fertilizers, seed, sand, soils,
bark, chemicals, irrigation supplies and lighting supplies.
8.2.2. Purchase of all equipment and tools required
for normal maintenance of the facility including but not limited
to tractor and trailer, field liner, drags, and hand tools.
8.2.3. Mowing, trimming, aerating, verti cutting,
top dressing, seeding, fertilizing and weed control of all turf
areas.
8.2.4. Maintenance of the control building (includ-
ing restrooms, storage and office areas). >
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8.2.5. Programming and maintenance of the auto-
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mated irrigation system throughout the facility. E
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8.2.6. Collection and disposal of all litter.
8.2.7. Cleaning and maintenance of parking lots,
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walkways, hard court surface area and bleachers. N
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8.2.8. Repair of items damaged by vandals or other r
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misuse. E
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WSS52526A/0006.120.054 -5-
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2.4.d
8.2.9. Performing such other normal operation and
maintenance duties as are normally required in the operation of
this facility whether or not listed above.
9. Estimated Annual Charge. The total estimated annual
charge for the Meadowdale facility for each and every budget year
shall be attached to this Agreement as an exhibit and upon
attachment shall be incorporated as fully as if herein set
forth. The total estimated cost for the facility for 1991 is
$65,800 for operations and maintenance. The cost for any year or
any calendar quarter shall not exceed 110% of the original
estimate for such period without the prior written approval of
the City Councils of Lynnwood and Edmonds.
10. Revenues. The revenue from the facility shall include
field rental fees and the concession operation. Such revenue
shall be shared equally by Edmonds and Lynnwood. Each city shall
collect revenue from their own league activities and may, at the
option of each City, permit such monies to be credited against
their obligations under this Agreement.
11. Integration; Termination. This Agreement shall be
integrated with and interpreted in accordance with the
development/operation agreement for the Meadowdale Playfield of
June 5, 1985, and may be terminated only in accordance with the
termination provisions set forth in that agreement.
DONE this o2 day of r 199
CITY OF EDMONa
By:
en, Mayor
WSS52526A/0006.120.054 -6-
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2.4.d
ATTEST/AUTHENTICATED:
Jacelllne G. Parrett, City Clerk
/ - -2 -- 9/
Approved as to form:
f 1) �Yffr;v
City torney
CITY OF LYNNWOOD
NBy: ._..
M. Hrdlicka, Mayor
AT ST/AU E ICATED:
obert W. ack, City Clerk
Approved as to form:
J
City Attorney
WSS52526A/0006.120.054 -7-
WSS/klt 12/04/90-2
Packet Pg. 104
2.4.d
MEADOWDALE PLAYFIELDS
1991 Estimated Maintenance and Operation Costs
The following estimated cost covers maintenance and operation of the facility for the
full year. Costs reflect complete maintenance and field preparation for all fields.
Totals include labor, materials and equipment rental costs.
1. Turf Maintenance
a. Mowing $6,800
b. Aerating, verticutting, top dressing
seeding, etc. 1,700
C. Fertilizing and weed control 3,900
2. Irrigation Control and Repair 1,800
3. Building Maintenance
Daily Maintenance, Repairs, Telephone
Alarm Monitoring 1,750
4. Litter Control and General Clean-up 5,250
5. Sand Field Maintenance 2,000
6. General Site Maintenance
Pruning, Play Equipment, Storm Drains
Holding Ponds, Leaves, Landscape Materials and Fence
Repairs, 21800
7. Field Preparation and Facility Monitoring 22,200
Year -Round for all fields.
8. Water, Sewer and Electricity 11,129
a. Sewer reflects a 5% increase
b. Water reflects a 8% increase
9. Insurance 6,000
10. Administrative Costs __ 500_
TOTAL ESTIMATED
COST FOR 1991 $65,800
Edmonds Share 32,900
Lynnwood Share 32,900
a�
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a
455RI /I
Packet Pg. 105
2.4.d
Remit to: Attachment 3
a�Q���� Game Time
6
Invoice
�i PO Box 680121
Page
1 of 5
APLAYCOR2 Company Fort Payne, AL 35968
Invoice number PJI-0193933
Customer no
00043022
j
150
PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022
Customer PO
PO 20220408-00
7
www.gametime.com Payment terms Net 30 days
Reference
2207020
y
(256) 845-5610 * (800) 633-2394
Date shipped
9/23/2022
d
Sold to:
Ship to
City of Lynnwood
City of Lynnwood
19100 44th Ave W
Meadowdale Playfield
Q.
Lynnwood, WA 98046
18900 44th Ave W
W
Lynnwood, WA 98036
N
N
O
Original Order No: 2187318
N
Project Name
Meadowdale Playfield Playground Option 3
J
Sales Group: Great Western
Y
Recreation
c`p
a
m
Catalog
No Description
Qty
Unit price
Amount
RDU
PLAYGROUND EQUIPMENT
1.00
109,762.000 109,762.00
?,
26057
2 WAY X-POD STEP (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE
1.00
0.000
0.00
O
PERIWINKLE)
ca
d
6232
1'-0"POD (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE)
4.00
0.000
0.00
3903
12"HYPNETIC SPINNER 2SIDE
1.00
0.000
0.00
O
3960
MAZE SLIDER
1.00
0.000
0.00
3
4958
GIZMO ASSY (HYPNO WHEEL)
1.00
0.000
0.00
=
4962
Echo Chamber
1.00
0.000
0.00
=
26071
SYMMETRIC CLIMBING WALL (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
J
26080
STRETCHED LOOP LADDER (ACCENT:BH BG290)
1.00
0.000
0.00
O
A
26094
TRIANGULAR SHROUD
8.00
0.000
0.00
�=
U
26121
90 DEG 3-WAY X-POD STEP (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
(ROTOPLASTIC:PE PERIWINKLE)
0
26143
90 DEG 2-WAY X-POD STEP (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
O
(ROTOPLASTIC:PE PERIWINKLE)
26153
GRIP RAIL LINK (ACCENT:BH BG290) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
C
26162
CONNECTSCAPE CLIMBER 2'-6 (ACCENT:BH BG290)
1.00
0.000
0.00
O
26170
XCELERATOR (ACCENT:BH BG290) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
0)
27074
60 DEG TRAPEZOID OVERHEAD (ACCENT:BH BG290)
1.00
0.000
0.00
ca
39012
TOT'S LEAF (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE
2.00
0.000
0.00
(L
PERIWINKLE)
80000
49" SQ PUNCHED STEEL DECK (DECK:PVC:GA RAL_7012 GRAY)
1.00
0.000
0.00
d
80078
6"STEPPED PLATFORM (DECK:PVC:GA RAL_7012 GRAY)
1.00
0.000
0.00
>+
ca
80082
SLIDE TRANSFER (ACCENT:BH BG290) (BASIC:SB SKY-BLUE)
3.00
0.000
0.00
a
(DECK:PVC:GA RAIL_7012 GRAY)
N
80686
HANDHOLD/KICKPLATE PKG (ACCENT:BH BG290) (ACCENT_2:BH
2.00
0.000
0.00
=
O
BG290)
E
80687
HANDHOLD/KICK PLATE PKG (ACCENT:BH BG290)
1.00
0.000
0.00
_0
W
(ACCENT_2:13H BG290)
'0
O
81669
HAND CYCLER (2_COLOR_HDPE:BB BLU/BGE/BLU)
1.00
0.000
0.00
r
81684
TELESCOPE (ACCENT_2:BH BG290) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
0
81699
BONGOS (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
0
oC
81766
LEAF STEP (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE)
2.00
0.000
0.00
M
90005
TWO PIECW HEX DECK-ADA (DECK:PVC:GA RAIL_7012 GRAY)
2.00
0.000
0.00
C
90109
SCHOONER CLIMBER 7'-6"/8' (ACCENT:BH BG290)
1.00
0.000
0.00
N
90176
CROW'S NEST W/GIZMO-ADA (ACCENT:BH BG290)
1.00
0.000
0.00
=
(DECK:PVC:GA RAL_7012 GRAY) (ROTOPLASTIOPE PERIWINKLE)
d
t
90189
GANZA (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
90197
NATURE PANEL (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
V
ca
w
90216
RUNG ENCLOSURE BARRIER (ACCENT:BH BG290)
2.00
0.000
0.00
Q
90264
6' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY_BLUE)
2.00
0.000
0.00
90265
7' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE)
3.00
0.000
0.00
90266
8' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
Packet Pg. 106
2.4.d
Remit to:
a�Q���� Game Time
6
Invoice
�i PO Box 680121
Page
2 of 5
APLAYCOR2 Company Fort Payne, AL 35968
Invoice number PJI-0193933
Customer no
00043022
j
150
PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022
Customer PO
PO 20220408-00
7
www.gametime.com Payment terms Net 30 days
Reference
2207020
y
(256) 845-5610 * (800) 633-2394
Date shipped
9/23/2022
d
Sold to:
Ship to
City of Lynnwood
City of Lynnwood
19100 44th Ave W
Meadowdale Playfield
Q.
Lynnwood, WA 98046
18900 44th Ave W
W
Lynnwood, WA 98036
N
N
O
Original Order No: 2187318
N
Project Name
Meadowdale Playfield Playground Option 3
J
Sales Group: Great Western
Y
Recreation
`
ca
a
Catalog
No Description
Qty
Unit price
Amount
m
90269
11' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
3
90271
13' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE)
2.00
0.000
0.00
O
90272
14' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE)
4.00
0.000
0.00
to
d
90429
CROW'S NEST W/WHEEL-ADA (ACCENT:BH BG290)
1.00
0.000
0.00
(DECK:PVC:GA RAIL_7012 GRAY)
O
90530
LITTLE FOOT SLIDE (ACCENT:BH BG290) (ROTOPLASTIOPE
1.00
0.000
0.00
0
PERIWINKLE) (TUBE:PE PERIWINKLE)
_
90534
RUNG KICKPLATE 3'-0" (ACCENT_2:13H BG290)
1.00
0.000
0.00
=
90545
WAVE CLIMBER (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
J
90546
CLIMBER ARCHWAY W/D-RING (ARCH:BH BG290)
1.00
0.000
0.00
4-
O
90575
SCRAMBLE UP 6'-6"/8'-0" (BASIC:SB SKY-BLUE) (HDPE:BL
1.00
0.000
0.00
r
BLUE2002)
U
90891
8 Ft Straight Slide (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
O
91139
ENTRYWAY BARIER (ACCENT:BH BG290)
3.00
0.000
0.00
E
91209
CLIMBER ENTRYWAY BARRIER (ACCENT:BH BG290)
2.00
0.000
0.00
O
91334
CLIMBER OFFSET -BARRIER (ACCENT:BH BG290)
1.00
0.000
0.00
C
91475
SENSORY RAMP LINK 1'-6"/2 (ACCENT:BH BG290) (DECK:PVC:GA
1.00
0.000
0.00
O
RAL_7012 GRAY) (HDPE:BL BLUE2002)
91539
ROLLER SLIDE (3' DECK HT) (ACCENT:BH BG290) (BASIC:SB
1.00
0.000
0.00
c4
SKY-BLUE) (DECK:PVC:GA RAIL_7012 GRAY)
d
91551
Maracabasas Panel (Below Deck) (2_COLOR
1.00
0.000
0.00
y
_HDPE:BB
BLU/BGE/BLU) (HDPE:BL BLUE2002)
d
91555
6' RAMP ATTACHMENT (GUARDRAIL) (ACCENT:BH BG290)
1.00
0.000
0.00
(BASIC:SB SKY-BLUE) (DECK:PVC:GA RAIL _7012 GRAY)
91592
Rung Kickplate 4'-0" Rise (ACCENT:BH BG290)
1.00
0.000
0.00
N
91664
Umbra Hex Roof (ROOF:PE PERIWINKLE)
1.00
0.000
0.00
0
G90262
4'UPRIG HT ASSY(GALV) (BASIC:SB SKY-BLUE)
4.00
0.000
0.00
0
G90265
7' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
-00
G90266
8' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
-
G90269
11' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
2.00
0.000
0.00
r
G90271
13' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
4.00
0.000
0.00
U
14928
NDS INCLUSIVE PLAY SIGN PKG
1.00
0.000
0.00
0
5179
WELCOME SIGN 5-12 YEAR OLD (BASIC:SB SKY-BLUE)
1.00
561.000
561.00
5056
ARCH SWING (BASIC:BL BLUE2002)
1.00
7,296.000
7,296.00
M
NC
5151
PRIMETIME SOLO SWING (BASIC:BL BLUE2002)
1.00
1,365.000
1,365.00
N
8537
3 1/2"ADAPTIVE SEAT-GALV (ROTOPLASTIOPE PERIWINKLE)
1.00
419.000
419.00
8696
3 112" ENCLOSED TOT-GALV
1.00
359.000
359.00
d
t
8910
3 112" BELT SEAT-GALV
2.00
288.000
576.00
5158
EXPRESSION SWING 3.5" 8'H (BASIC:SB SKY-BLUE)
1.00
1,783.000
1,783.00
0
(ROTOPLASTIC:PE PERIWINKLE)
w
Q
17247
ADAPTIVE SWING SAFETY BLT
1.00
155.000
155.00
18826
PRIMETIME ARCH SWING FS (BASIC:BL BLUE2002)
2.00
1,416.000
2,832.00
SURCHARGE SURCHARGE
1.00
19,833.600 19,833.60
Packet Pg. 107
2.4.d
6
a�Q����
Remit to:
Game Time
Invoice
�i
PO Box 680121
Page 3 of 5
APLAYCOR2 Company
Fort Payne, AL 35968
Invoice number PJI-0193933
Customer no 00043022
150 PlayCore Dr SE, Fort Payne, AL 35967
Invoice date 9/26/2022
Customer PO PO 20220408-00
www.gametime.com
Payment terms Net 30 days
Reference 2207020
(256) 845-5610 * (800) 633-2394
Date shipped 9/23/2022
Sold to:
Ship to :
City of Lynnwood
City of Lynnwood
19100 44th Ave W
Meadowdale Playfield
Lynnwood, WA 98046
18900 44th Ave W
Lynnwood, WA 98036
Original Order No: 2187318
Project Name Meadowdale Playfield
Playground Option 3
Sales Group: Great Western
Recreation
Catalog No Description Qty Unit price Amount
91687
Umbra Roof Cap (ROOF_2:PE PERIWINKLE)
6.00
0.000
0.00 3
G90267
9' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
200829
HYBRID TOOL KIT PS +
4.00
0.000
0.00 to
d
LJNH4R
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNH4S
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
LJNH4T
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
C
LJNH4U
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
DJNH4V
5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 >
DJNH4W
5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 J
LJNH4X
5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
LJNH4Y
5"GV PIP W/AL CAP 8'6" (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 U
LJNH50
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 L-
LJNH51
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
y
DJNH52
5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNH53
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 2
DJNH54
5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 =
3
LJNH55
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
DJNH56
5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 a
DJNH57
5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
DJNH58
5"AL PIP W/O CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 y
LJNH59
5"GV PIP W/AL CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
d
DJNHSA
5"AL PIP W/AL CAP 8' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNHSB
5"GV PIP W/AL CAP 8' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNHSC
5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 a
DJNHSD
5"AL PIP W/AL CAP 11' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 C
DJNHSE
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
E
DJNHSF
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 -0
DJNHSG
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 -
DJNHSH
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 >
6262
INCLUSIVE WHIRL - BASIC
1.00
13,999.000
13,999.00 U
205282
TOOL KIT(TORX BIT)PS 2012
1.00
0.000
0.00 0
205283
HYBRID TOOL KIT PS 2012
1.00
0.000
0
0.00
M
200830
HYBRID TOOL KIT PT
1.00
0.000
0.00 c
139361
AEROSOL PAINT 4.5 OZ. (BASIC:BH BG290)
2.00
0.000
0.00 N
139361
AEROSOL PAINT 4.5 OZ. (BASIC:BL BLUE2002)
1.00
0.000
0.00 =
139361
AEROSOL PAINT 4.5 OZ. (BASIC:SB SKY_BLUE)
2.00
0.000
0.00 d
t
168284
2-5 AGE APPROPRIATE
1.00
0.000
0.00
168285
5-12 AGE APPROPRIATE
4.00
0.000
0.00 M
w
169163
2/5-5/12 AGE APPROPRIATE
4.00
0.000
0.00 Q
169164 ASTM WARNING LABEL 9.00 0.000 0.00
Sub total 158,940.60
Packet Pg. 108
2.4.d
c6ameTime�
A PLAYCOR2 Company
150 PlayCore Dr SE, Fort Payne, AL 35967
www.gametime.com
(256) 845-5610 * (800) 633-2394
Sold to:
City of Lynnwood
19100 44th Ave W
Lynnwood, WA 98046
Remit to:
Game Time
PO Box 680121
Fort Payne, AL 35968
Invoice date 9/26/2022
Payment terms Net 30 days
Invoice
Page 4 of 5
Invoice number PJI-0193933
Customer no 00043022
Customer PO PO 20220408-00
Reference 2207020
Date shipped 9/23/2022
Ship to :
City of Lynnwood
Meadowdale Playfield
18900 44th Ave W
Lynnwood, WA 98036
Original Order No:
2187318
Project Name
Meadowdale Playfield Playground Option 3
Sales Group:
Great Western
Recreation
Catalog No
Description
Qty
Unit price
Amount
Freight
Freight
1.00
8,000.000
8,000.00
Sub total
8,000.00
Installation
Installation Charges
1.00
72,892.500
72,892.50
Sub total
72,892.50
Discount
Invoice Discount
(1.00)
38,220.090
(38,220.09)
Sub total
(38,220.09)
Total
Sales subtotal
amount
201,613.01
INVOICE TOTAL DUE
201,613.01
Sales tax
21,370.98
USD $222,983.99
C
d
E
t
v
M
w
Q
Packet Pg. 109
2.4.d
CGameTime)
A PLAYCORE Con,PanY
150 PlayCore Dr SE, Fort Payne, AL 35967
www.gametime.com
(256) 845-5610 * (800) 633-2394
Sold to:
City of Lynnwood
19100 44th Ave W
Lynnwood, WA 98046
NOTICE OF CREDIT CARD PROCESSING FEE:
Remit to: Invoice
Game Time
PO Box 680121
Page
5 of 5
Fort Payne, AL 35968
Invoice number
PJI-0193933
Customer no
00043022
Invoice date 9/26/2022
Customer PO
PO 20220408-00
Payment terms Net 30 days
Reference
2207020
Date shipped 9/23/2022
Ship to :
City of Lynnwood
Meadowdale Playfield
18900 44th Ave W
Lynnwood, WA 98036
EFFECTIVE APRIL 4, 2022, A PROCESSING FEE OF 2.50% OF THE PAYMENT AMOUNT WILL BE ASSESSED ON ALL CREDIT CARD TRANSACTIONS. YOU HAVE THE
OPTION TO PAY BY CHECK, ACH OR WIRE WITHOUT ANY ADDITIONAL FEE.
We now offer the option of emailing invoices! Please let us know if you would like to take advantage of this feature by emailing us at ar@gametime.com.
Please include the email address you would like your invoices to go to and a contact name and number.
CONCEALED SHORTAGES MUST BE REPORTED TO GAMETIME WITHIN 60 DAYS OF RECEIPT OF MERCHANDISE.
CONDITIONS:
TITLE TO THIS MERCHANDISE PASSES TO BUYER WHEN SELLER DELIVERS GOODS TO CARRIER
Please note that GAMETIME is a material supplier only and therefore not subject to payment retainage. Shipment of goods which appear on this invoice
constitutes completion of this contract by GAMETIME. Payment in full is required within the agreed terms stated on this invoice. Warranty claims and back
charges may not be deducted from contract payments without prior approval of GAMETIME customer service personnel.
Seller hereby certifies, to the best of its knowledge, information and belief, that its selling price does not exceed the maximum price permissible under any
prevailing applicable law or regulation. Seller agrees to refund any amounts paid by Buyer which are subsequently determined to be in excess of such maximum
price.
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as
amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
Tell me about your experience.
Call me at 256-997-5308 or
email at SpencerC@GameTime.com
Spencer Cheak
Group President
a
Packet Pg. 110
2.4.d
Remit to:
a�Q���� Game Time
6
Invoice
�i PO Box 680121
Page
1 of 5
APLAYCOR2 Company Fort Payne, AL 35968
Invoice number PJI-0193933
Customer no
00043022
j
150
PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022
Customer PO
PO 20220408-00
7
www.gametime.com Payment terms Net 30 days
Reference
2207020
y
(256) 845-5610 * (800) 633-2394
Date shipped
9/23/2022
d
Sold to:
Ship to
City of Lynnwood
City of Lynnwood
19100 44th Ave W
Meadowdale Playfield
Q.
Lynnwood, WA 98046
18900 44th Ave W
W
Lynnwood, WA 98036
N
N
O
Original Order No: 2187318
N
Project Name
Meadowdale Playfield Playground Option 3
J
Sales Group: Great Western
Y
Recreation
c`p
a
m
Catalog
No Description
Qty
Unit price Amount
RDU
PLAYGROUND EQUIPMENT
1.00
109,762.000 109,762.00
?,
26057
2 WAY X-POD STEP (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE
1.00
0.000
0.00
O
PERIWINKLE)
ca
d
6232
1'-0"POD (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE PERIWINKLE)
4.00
0.000
0.00
3903
12"HYPNETIC SPINNER 2SIDE
1.00
0.000
0.00
O
3960
MAZE SLIDER
1.00
0.000
0.00
3
4958
GIZMO ASSY (HYPNO WHEEL)
1.00
0.000
0.00
=
4962
Echo Chamber
1.00
0.000
0.00
=
26071
SYMMETRIC CLIMBING WALL (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
J
26080
STRETCHED LOOP LADDER (ACCENT:BH BG290)
1.00
0.000
0.00
O
A
26094
TRIANGULAR SHROUD
8.00
0.000
0.00
�=
U
26121
90 DEG 3-WAY X-POD STEP (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
(ROTOPLASTIC:PE PERIWINKLE)
0
26143
90 DEG 2-WAY X-POD STEP (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
O
(ROTOPLASTIC:PE PERIWINKLE)
26153
GRIP RAIL LINK (ACCENT:BH BG290) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
C
26162
CONNECTSCAPE CLIMBER 2'-6 (ACCENT:BH BG290)
1.00
0.000
0.00
O
26170
XCELERATOR (ACCENT:BH BG290) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
0)
27074
60 DEG TRAPEZOID OVERHEAD (ACCENT:BH BG290)
1.00
0.000
0.00
ca
39012
TOT'S LEAF (BASIC:SB SKY-BLUE) (ROTOPLASTIC:PE
2.00
0.000
0.00
(L
PERIWINKLE)
80000
49" SQ PUNCHED STEEL DECK (DECK:PVC:GA RAL_7012 GRAY)
1.00
0.000
0.00
d
80078
6"STEPPED PLATFORM (DECK:PVC:GA RAL_7012 GRAY)
1.00
0.000
0.00
>+
ca
80082
SLIDE TRANSFER (ACCENT:BH BG290) (BASIC:SB SKY-BLUE)
3.00
0.000
0.00
a
(DECK:PVC:GA RAIL_7012 GRAY)
N
80686
HANDHOLD/KICKPLATE PKG (ACCENT:BH BG290) (ACCENT_2:BH
2.00
0.000
0.00
=
O
BG290)
E
80687
HANDHOLD/KICK PLATE PKG (ACCENT:BH BG290)
1.00
0.000
0.00
_0
W
(ACCENT_2:13H BG290)
'0
O
81669
HAND CYCLER (2_COLOR_HDPE:BB BLU/BGE/BLU)
1.00
0.000
0.00
r
81684
TELESCOPE (ACCENT_2:BH BG290) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
0
81699
BONGOS (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
0
oC
81766
LEAF STEP (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE)
2.00
0.000
0.00
M
90005
TWO PIECW HEX DECK-ADA (DECK:PVC:GA RAIL_7012 GRAY)
2.00
0.000
0.00
C
90109
SCHOONER CLIMBER 7'-6"/8' (ACCENT:BH BG290)
1.00
0.000
0.00
N
90176
CROW'S NEST W/GIZMO-ADA (ACCENT:BH BG290)
1.00
0.000
0.00
=
(DECK:PVC:GA RAL_7012 GRAY) (ROTOPLASTIOPE PERIWINKLE)
d
t
90189
GANZA (ACCENT:BH BG290) (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
90197
NATURE PANEL (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
V
ca
w
90216
RUNG ENCLOSURE BARRIER (ACCENT:BH BG290)
2.00
0.000
0.00
Q
90264
6' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY_BLUE)
2.00
0.000
0.00
90265
7' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE)
3.00
0.000
0.00
90266
8' UPRIGHT ASSEMBLY(ALUM) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
Packet Pg. 111
2.4.d
Remit to:
a�Q���� Game Time
6
Invoice
�i PO Box 680121
Page
2 of 5
APLAYCOR2 Company Fort Payne, AL 35968
Invoice number PJI-0193933
Customer no
00043022
j
150
PlayCore Dr SE, Fort Payne, AL 35967 Invoice date 9/26/2022
Customer PO
PO 20220408-00
7
www.gametime.com Payment terms Net 30 days
Reference
2207020
y
(256) 845-5610 * (800) 633-2394
Date shipped
9/23/2022
d
Sold to:
Ship to
City of Lynnwood
City of Lynnwood
19100 44th Ave W
Meadowdale Playfield
Q.
Lynnwood, WA 98046
18900 44th Ave W
W
Lynnwood, WA 98036
N
N
O
Original Order No: 2187318
N
Project Name
Meadowdale Playfield Playground Option 3
J
Sales Group: Great Western
Y
Recreation
`
ca
a
Catalog
No Description
Qty
Unit price
Amount
m
90269
11' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
3
90271
13' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE)
2.00
0.000
0.00
O
90272
14' UPRIGHT ASSMBLY(ALUM) (BASIC:SB SKY-BLUE)
4.00
0.000
0.00
to
d
90429
CROW'S NEST W/WHEEL-ADA (ACCENT:BH BG290)
1.00
0.000
0.00
(DECK:PVC:GA RAIL_7012 GRAY)
O
90530
LITTLE FOOT SLIDE (ACCENT:BH BG290) (ROTOPLASTIOPE
1.00
0.000
0.00
0
PERIWINKLE) (TUBE:PE PERIWINKLE)
_
90534
RUNG KICKPLATE 3'-0" (ACCENT_2:13H BG290)
1.00
0.000
0.00
=
90545
WAVE CLIMBER (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
J
90546
CLIMBER ARCHWAY W/D-RING (ARCH:BH BG290)
1.00
0.000
0.00
4-
O
90575
SCRAMBLE UP 6'-6"/8'-0" (BASIC:SB SKY-BLUE) (HDPE:BL
1.00
0.000
0.00
r
BLUE2002)
U
90891
8 Ft Straight Slide (ROTOPLASTIC:PE PERIWINKLE)
1.00
0.000
0.00
O
91139
ENTRYWAY BARIER (ACCENT:BH BG290)
3.00
0.000
0.00
E
91209
CLIMBER ENTRYWAY BARRIER (ACCENT:BH BG290)
2.00
0.000
0.00
O
91334
CLIMBER OFFSET -BARRIER (ACCENT:BH BG290)
1.00
0.000
0.00
C
91475
SENSORY RAMP LINK 1'-6"/2 (ACCENT:BH BG290) (DECK:PVC:GA
1.00
0.000
0.00
O
RAL_7012 GRAY) (HDPE:BL BLUE2002)
91539
ROLLER SLIDE (3' DECK HT) (ACCENT:BH BG290) (BASIC:SB
1.00
0.000
0.00
c4
SKY-BLUE) (DECK:PVC:GA RAIL_7012 GRAY)
d
91551
Maracabasas Panel (Below Deck) (2_COLOR
1.00
0.000
0.00
y
_HDPE:BB
BLU/BGE/BLU) (HDPE:BL BLUE2002)
d
91555
6' RAMP ATTACHMENT (GUARDRAIL) (ACCENT:BH BG290)
1.00
0.000
0.00
(BASIC:SB SKY-BLUE) (DECK:PVC:GA RAIL _7012 GRAY)
91592
Rung Kickplate 4'-0" Rise (ACCENT:BH BG290)
1.00
0.000
0.00
N
91664
Umbra Hex Roof (ROOF:PE PERIWINKLE)
1.00
0.000
0.00
0
G90262
4'UPRIG HT ASSY(GALV) (BASIC:SB SKY-BLUE)
4.00
0.000
0.00
0
G90265
7' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
-00
G90266
8' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
1.00
0.000
0.00
-
G90269
11' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
2.00
0.000
0.00
r
G90271
13' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY-BLUE)
4.00
0.000
0.00
U
14928
NDS INCLUSIVE PLAY SIGN PKG
1.00
0.000
0.00
0
5179
WELCOME SIGN 5-12 YEAR OLD (BASIC:SB SKY-BLUE)
1.00
561.000
561.00
5056
ARCH SWING (BASIC:BL BLUE2002)
1.00
7,296.000
7,296.00
M
NC
5151
PRIMETIME SOLO SWING (BASIC:BL BLUE2002)
1.00
1,365.000
1,365.00
N
8537
3 1/2"ADAPTIVE SEAT-GALV (ROTOPLASTIOPE PERIWINKLE)
1.00
419.000
419.00
8696
3 112" ENCLOSED TOT-GALV
1.00
359.000
359.00
d
t
8910
3 112" BELT SEAT-GALV
2.00
288.000
576.00
5158
EXPRESSION SWING 3.5" 8'H (BASIC:SB SKY-BLUE)
1.00
1,783.000
1,783.00
0
(ROTOPLASTIC:PE PERIWINKLE)
w
Q
17247
ADAPTIVE SWING SAFETY BLT
1.00
155.000
155.00
18826
PRIMETIME ARCH SWING FS (BASIC:BL BLUE2002)
2.00
1,416.000
2,832.00
SURCHARGE SURCHARGE
1.00
19,833.600 19,833.60
Packet Pg. 112
2.4.d
6
a�Q����
Remit to:
Game Time
Invoice
�i
PO Box 680121
Page 3 of 5
APLAYCOR2 Company
Fort Payne, AL 35968
Invoice number PJI-0193933
Customer no 00043022
150 PlayCore Dr SE, Fort Payne, AL 35967
Invoice date 9/26/2022
Customer PO PO 20220408-00
www.gametime.com
Payment terms Net 30 days
Reference 2207020
(256) 845-5610 * (800) 633-2394
Date shipped 9/23/2022
Sold to:
Ship to :
City of Lynnwood
City of Lynnwood
19100 44th Ave W
Meadowdale Playfield
Lynnwood, WA 98046
18900 44th Ave W
Lynnwood, WA 98036
Original Order No: 2187318
Project Name Meadowdale Playfield
Playground Option 3
Sales Group: Great Western
Recreation
Catalog No Description Qty Unit price Amount
91687
Umbra Roof Cap (ROOF_2:PE PERIWINKLE)
6.00
0.000
0.00 3
G90267
9' UPRIGHT ASS'Y (GALV) (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
200829
HYBRID TOOL KIT PS +
4.00
0.000
0.00 to
d
LJNH4R
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNH4S
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
LJNH4T
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
C
LJNH4U
5"GV PIP W/AL CAP 4' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
DJNH4V
5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 >
DJNH4W
5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 J
LJNH4X
5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
LJNH4Y
5"GV PIP W/AL CAP 8'6" (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 U
LJNH50
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 L-
LJNH51
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
y
DJNH52
5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNH53
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 2
DJNH54
5"AL PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 =
3
LJNH55
5"GV PIP W/O CAP 13' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
DJNH56
5"AL PIP W/AL CAP 6' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 a
DJNH57
5"AL PIP W/AL CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
DJNH58
5"AL PIP W/O CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 y
LJNH59
5"GV PIP W/AL CAP 7' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
d
DJNHSA
5"AL PIP W/AL CAP 8' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNHSB
5"GV PIP W/AL CAP 8' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00
LJNHSC
5"GV PIP W/AL CAP 11' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 a
DJNHSD
5"AL PIP W/AL CAP 11' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 C
DJNHSE
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 O
E
DJNHSF
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 -0
DJNHSG
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 -
DJNHSH
5"AL PIP W/AL CAP 14' (BASIC:SB SKY_BLUE)
1.00
0.000
0.00 >
6262
INCLUSIVE WHIRL - BASIC
1.00
13,999.000
13,999.00 U
205282
TOOL KIT(TORX BIT)PS 2012
1.00
0.000
0.00 0
205283
HYBRID TOOL KIT PS 2012
1.00
0.000
0
0.00
M
200830
HYBRID TOOL KIT PT
1.00
0.000
0.00 c
139361
AEROSOL PAINT 4.5 OZ. (BASIC:BH BG290)
2.00
0.000
0.00 N
139361
AEROSOL PAINT 4.5 OZ. (BASIC:BL BLUE2002)
1.00
0.000
0.00 =
139361
AEROSOL PAINT 4.5 OZ. (BASIC:SB SKY_BLUE)
2.00
0.000
0.00 d
t
168284
2-5 AGE APPROPRIATE
1.00
0.000
0.00
168285
5-12 AGE APPROPRIATE
4.00
0.000
0.00 M
w
169163
2/5-5/12 AGE APPROPRIATE
4.00
0.000
0.00 Q
169164 ASTM WARNING LABEL 9.00 0.000 0.00
Sub total 158,940.60
Packet Pg. 113
2.4.d
c6ameTime�
A PLAYCOR2 Company
150 PlayCore Dr SE, Fort Payne, AL 35967
www.gametime.com
(256) 845-5610 * (800) 633-2394
Sold to:
City of Lynnwood
19100 44th Ave W
Lynnwood, WA 98046
Remit to:
Game Time
PO Box 680121
Fort Payne, AL 35968
Invoice date 9/26/2022
Payment terms Net 30 days
Invoice
Page 4 of 5
Invoice number PJI-0193933
Customer no 00043022
Customer PO PO 20220408-00
Reference 2207020
Date shipped 9/23/2022
Ship to :
City of Lynnwood
Meadowdale Playfield
18900 44th Ave W
Lynnwood, WA 98036
Original Order No:
2187318
Project Name
Meadowdale Playfield Playground Option 3
Sales Group:
Great Western
Recreation
Catalog No
Description
Qty
Unit price
Amount
PP1000
Poured in Place
1.00
183,972.800
183,972.80
Sub total
183,972.80
Freight
Freight
1.00
8,000.000
8,000.00
Sub total
8,000.00
Installation
INSTALLATION Installation Charges
1.00
145,785.000
145,785.00
Sub total
145,785.00
Discount
Invoice Discount
(1.00)
38,220.090
(38,220.09)
Sub total
(38,220.09)
Total
Sales subtotal
amount
458,478.31
INVOICE TOTAL DUE
PAYMENT RECEIVED
BALANCE DUE
458,478.31
Sales tax
48,598.70
USD $507,077.01
-222,983.99
$284,093.02
C
d
E
t
v
M
w
Q
Packet Pg. 114
2.4.d
CGameTime)
A PLAYCORE Con,PanY
150 PlayCore Dr SE, Fort Payne, AL 35967
www.gametime.com
(256) 845-5610 * (800) 633-2394
Sold to:
City of Lynnwood
19100 44th Ave W
Lynnwood, WA 98046
NOTICE OF CREDIT CARD PROCESSING FEE:
Remit to: Invoice
Game Time
PO Box 680121
Page
5 of 5
Fort Payne, AL 35968
Invoice number
PJI-0193933
Customer no
00043022
Invoice date 9/26/2022
Customer PO
PO 20220408-00
Payment terms Net 30 days
Reference
2207020
Date shipped 9/23/2022
Ship to :
City of Lynnwood
Meadowdale Playfield
18900 44th Ave W
Lynnwood, WA 98036
EFFECTIVE APRIL 4, 2022, A PROCESSING FEE OF 2.50% OF THE PAYMENT AMOUNT WILL BE ASSESSED ON ALL CREDIT CARD TRANSACTIONS. YOU HAVE THE
OPTION TO PAY BY CHECK, ACH OR WIRE WITHOUT ANY ADDITIONAL FEE.
We now offer the option of emailing invoices! Please let us know if you would like to take advantage of this feature by emailing us at ar@gametime.com.
Please include the email address you would like your invoices to go to and a contact name and number.
CONCEALED SHORTAGES MUST BE REPORTED TO GAMETIME WITHIN 60 DAYS OF RECEIPT OF MERCHANDISE.
CONDITIONS:
TITLE TO THIS MERCHANDISE PASSES TO BUYER WHEN SELLER DELIVERS GOODS TO CARRIER
Please note that GAMETIME is a material supplier only and therefore not subject to payment retainage. Shipment of goods which appear on this invoice
constitutes completion of this contract by GAMETIME. Payment in full is required within the agreed terms stated on this invoice. Warranty claims and back
charges may not be deducted from contract payments without prior approval of GAMETIME customer service personnel.
Seller hereby certifies, to the best of its knowledge, information and belief, that its selling price does not exceed the maximum price permissible under any
prevailing applicable law or regulation. Seller agrees to refund any amounts paid by Buyer which are subsequently determined to be in excess of such maximum
price.
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as
amended, and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
Tell me about your experience.
Call me at 256-997-5308 or
email at SpencerC@GameTime.com
Spencer Cheak
Group President
a
Packet Pg. 115
2.4.d
Aifth6h.�
GREAT WESTERN
R E C R E A T 1 O N
From: Great Western Recreation
975 S Hwy 89
Logan, UT 84321
435-245-5055
Change Order Date: 12/21/2022
Project: Meadowdale Playfield Playground
To: City of Lynnwood
20522 60th Ave W
Lynnwood, WA 98036
The Original Agreement is hereby modified and amended by the following deviations from the original plans and
specifications:
Original Quote Amount: $ 507,077.01 Quote #105669-01-03
Change Order # 1 $ 2,267.30 Concrete pad
Revised Amount: $ 509,344.31
Change Order Requests
It is mutually agreed that for such change the contract price is increased by two thousand, two hundred sixty-seven
dollars and thirty cents ($2,267.30), payable with the payments due under the original agreement. It is mutually agreed
that for such change (35 days) be added to the completion time schedule. All other provisions of the original quote and
agreement shall remain in full force and effect without change because of the above deviations. Except as amended
herein, all terms, covenants, and conditions of the Original Agreement shall remain in full force and effect.
Great Western Recreation
Printed Name: Sarauna Openshaw
Title: Manager of Sales Operations
Signature: , �«
Date: 12/21/2022
City of Lynnwood
Printed Name:
Title:
Signature:
Date:
Packet Pg. 116
� -. ,•.fit, f►[�C � � ,�
2.4.e
PARKS & PUBLIC WORKS COMMITTEE MEETING
June 14, 2022
Elected Officials Participating Virtually
Councilmember Neil Tibbott (Chair)
Councilmember Kristiana Johnson
Council President Vivian Olson (ex-officio)
Other Councilmembers Present
Councilmember Diane Buckshnis
CALL TO ORDER
Staff Participating Virtually
Rob English, Acting Public Works Director
Angie Feser, Parks, Rec. & Cultural Arts & Human
Serv. Dir.
Bertrand Hauss, Transportation Engineer
Jeff Taraday, City Attorney
Scott Passey, City Clerk
The Edmonds City Council virtual online PPW Committee meeting was called to order at 7:32 p.m. by
Councilmember Tibbott.
2. COMMITTEE BUSINESS
1. City of Lynnwood/Meadowdale Park ILA 2022 Expenditure Request
Ms. Feser explained the cities of Lynnwood and Edmonds have an ILA for Meadowdale Park. In January
Lynnwood was planning a simple renovation to the existing playground with a total project of $200,000
(Edmonds' portion of the cost was $100,000). In April Lynnwood notified her the renovations were
upgraded to a fully inclusive playground and the cost of the project was closer to $500,000 (Edmonds'
portion of the cost was $248,538. She described potential funding sources for Edmond's portion of the
project:
Yost Pool replaster project savings
$94,500
Greenhouse replacement relocation
committed donation to cover this expenditure
$50,000
Civic Park Stormwater Mitigation Project
If ARPA funding is allocated to cover this expenditure
$104,038
Total
$248,538
Ms. Feser said another option is to provide $100,000, half the amount the City was originally quoted.
The committee may want to staff to discuss the ILA with the full council in view of anticipated requests
in future years including a sizeable contribution from Edmonds in 2025 of nearly $1 million.
Questions and discussion followed regarding support to bring this to full council, learning from past ILAs
as the City enters into ILAs with other cities, preference to have this expenditure in the CIP, projects
Lynnwood delayed due to COVID, whether Edmonds School District will contribute to the playground,
grant from Snohomish County, whether the inclusive playground should be located at the elementary
school across the street, upgrades made to the baseball fields in 2017, Edmonds' responsibility for
maintenance under the ILA, concern this was not a good investment for Edmonds at this time, and
arbitration process between parties.
Action: Full council
2. Presentation of Supplemental Agreement with KPG Psomas Related to Design
Services for Citvwide Pedestrian Crossina Enhancements Proiect
Packet Pg. 118
2.4.e
06/14/22 PPW Committee Minutes, Page 2
Mr. English explained this is a supplemental agreement to an existing contract. The supplement
recognizes the change of the consultant's name as well as extends the completion date from June 30,
2022 to December 31, 2022 to complete all federal documentation and preform the record as-builts.
Action: Consent Agenda
3. Presentation of Supplemental Agreement with KPG Psomas Related to
Construction Management Services for Citywide Pedestrian Crossing
Enhancements Protect
Mr. English advised the supplement recognizes change of the consultant's name as well as extends
the completion date from June 30, 2022 to December 31, 2022.
Action: Consent Agenda
4. Presentation of Supplemental Agreement with KPG Psomas for 76th Ave and
220th Ave Intersection Improvements Protect
Mr. English advised the supplement recognizes the change of the consultant's name.
Action: Consent Agenda
5. Presentation of Right of Entry and Maintenance Agreement between City of
Edmonds and Property Owner at 21000 Highway 99
Mr. English explained right of entry and maintenance agreement with the property owner would allow
the City to enter the property on the west side of Highway 99 adjacent to the north gateway sign in the
center median to plant it; the contract includes a one-year plant establishment period. At the end of the
one-year period, the landscaping will be maintained by the property owner. This differs from the original
proposal made at the end of last year that included purchasing the right-of-way where the landscaping
would be planted. The City did not purchase the property, but is proposing an agreement with the
property owner for landscaping and maintenance for one year.
Questions and discussion followed regarding preparation of the agreement by the city attorney's office
and the location of the landscaping covered by the agreement.
Action: Consent Agenda.
6. Protect Update for the 76th Ave. W (a)- 220th St. SW Intersection Improvements
Project
Mr. Hauss provided an introduction:
• Federal grants secured
o Design $702,000 ($232,000 local match)
o Right of Way $387,500 ($387,500 local match)
• Project description
o Add dedicated eastbound and westbound left turn lanes so turning movements are
concurrent, install new traffic signal system, widen sidewalk with planter strips at select
locations, add ADA compliant pedestrian curb ramps, up -grade City utilities, add street
lighting and extend bike lanes thru intersection for south bound/eastbound movements.
• Preliminary Design tasks completed so far
o Survey, Determination of environmental documentation, Lighting Analysis, Stormwater
Requirements, and Underground Utility Conversion Requirements
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Discussion items
o Intersection configuration: 2 options (as identified in grant / reduced footprint)
o Conversion of overhead utilities to underground
Photographs of lane configuration and signals for westbound, eastbound, southbound and
northbound movements
• Option 1 (identified in grant application)
o Option Elements
■ Added southbound RT turn lane
■ Added eastbound dedicated thru lane
• Added westbound LT turn lane
• 4 ft planters and 7 ft on north, south and east legs
■ 7 ft sidewalks w/trees in grates on west leg
• Extend dedicated bike lanes on north and west legs to intersection
• Longer pedestrian crossings
■ Most impact to adjacent property owners
■ Biggest ROW acquisition need
■ Longest construction timeline
Option 2 (modified from grant application/reduce footprint)
o Option Elements
■ Added westbound LT turn lane
• Removed 2nd eastbound lane on east leg for approx.. 400 ft
■ 4 ft planters and 7 ft sidewalks on north, south and east legs
■ 7 ft planters with trees in grates on west leg
• Extended dedicated north and west leg, bike lanes to intersection
■ Added dedicated bike lanes on south leg
■ Requires bus stop relocation on east leg
■ Shorter pedestrian crossings — north, west and east legs
■ Lower impact to adjacent property owners — significantly reduces impacts to SW, NW
and NE corners, slightly higher impact to SE corner
■ Lower ROW acquisition needs
■ Shorter construction timeline
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Conversion of overhead utilities to underground (possible improvements in grant application)
o Removal of 8 utility poles (excluding poles holding high tension lines along 220th St. SW
that will remain)
■ 1 on west leg
■ 1 pole on SE and SW corners
■ 4 poles on north leg
■ 2 poles on east leg
o Total cost of this addition: $1.8 Million (same cost for both options)
Conclusion
o Staff recommends Option 2 over Option 1:
■ Total project cost is less ($1.9M less)
■ Similar improvement to level of service
■ Pedestrian crosswalk distance is less
■ Right of way acquisition cost and property impacts are less
■ Reduced area for new impervious surfaces
Questions and discussion followed regarding the grant for design and ROW, undergrounding utilities,
source of matching funds, capacity added in option 2, preference for option 2, next steps with the grant
to change grant from option 1 to option 2, including utility undergrounding as an option with the goal of
securing additional grant funding, high tension lines that will remain, describing to full council the
efficiencies discovered in the analysis that changed the recommendation from option 1 to option 2, and
a supplement to the design contract that will be required for option 2.
Mr. English described the process for changing the grant from option 1 to option 2. The PSPP committee
expressed support for staff's recommendation.
Action: Presentation to full council June 21
7. Presentation of Local Agency Consultant Agreement with Transpo for the SR-104
Adaptive System from 236th St SW to 226th St SW
Mr. English relayed Mr. Hauss secured a federal grant for design of an adaptive signal control system
for 5 traffic signals on SR-104 from 236' to 226'. An adaptive system allows for coordination between
the five signals to improve traffic flow which reduces vehicle emissions. The timing of signals will adjust
based on real time data collectors that count vehicles and provide more green time to movements with
higher volume such during traffic from ferry unloading. An RFQ was issued, three firms responded, and
the selection committee chose Transpo. The preliminary scope of work covers eight task items related
to design plans to implement the system. The goal is to get the design far enough to apply for a grant
for construction. He was confident this project would receive grant funding as signal improvements
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projects that improve coordination and signal timing score well. A brief discussion followed regarding
the local match.
Action: Consent Agenda
8. Presentation of Construction Contract for the Seaview Park Infiltration Facility
Phase 2 Project
Mr. English explained Seaview phase 2 is part of improvements to the upper portion of Perrinville Creek
basin to address stormwater flows. The project was advertised June 8th and bids are due June 28th. If
bids are opened June 28th and there is not a large budget impact, the bid award could be on the July
5th or 19th council agenda. This is on the agenda tonight as there is no public works staff available for
the July 12th PPW committee meeting.
Questions and discussion followed regarding whether to put the bid award on the Consent Agenda, no
impact to Seaview park, and this project assisting with reducing peak runoff to Perrinville Creek.
Action: Full council
9. Presentation of Professional Service Agreement for Design Services for the Yost
and Seaview Reservoir Repairs and Upgrades
Mr. English explained the Yost reservoir was built in 1973 and the Seaview reservoir in 1976; both are
1.5 million gallons and improvements and/or maintenance are needed on both. An assessment of the
Yost reservoir found significant issues with leakage and structural issues with the roof and walls. An
assessment of Seaview found minimal leakage; the structural assessment is ongoing. This agreement
will take the design to 30% for both structures; staff will return with a supplement agreement for final
design for both. The contract in the packet is $253,941 which includes a $30,000 management reserve.
All project costs will be funded by the 421 Water Utility Fund.
Questions and discussion followed regarding use of reservoirs to store water, impacts to the sport court
on top of Yost reservoir, and how the Yost tank is accessed.
Action: Consent Agenda
10. Select Homes 7918 203rd St SW 10-foot Right -of -Way Dedication
Mr. English explained this is a right of way dedication for a 2-lot subdivision on 203rd street. The 2-lot
subdivision is currently under review and in accordance with the development code, the official street
map requires a 10-foot street dedication.
Discussion followed regarding a street map amendment to the west where right-of-way was vacated,
other parcels on 203rd that have had a 10-foot street dedication, and whether more trees could be saved
if more flexibility was provided on house location.
Action: Consent Agenda
11. Presentation to Update Edmonds City Code Chapter 3.36 to Include Impact Fee
Waivers for Early Learning Facilities
Mr. English explained RCW 82.02.060 was amended last July to allow impact fee exemptions for early
learning facilities (facilities providing regularly scheduled care for a group of children 1 month through
12 years of age for periods of less than 24 hours). The RCW provides several options; staff is proposing
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06/14/22 PPW Committee Minutes, Page 6
a 80% exemption for early learning facilities. The exemption would be conditioned on at least 25% of
the children using the facility quality for state subsidized child care, and if the property were converted
to a use other than an early learning facility, impact fees would be required to be paid. If the early
learning facility did not meet the 25% requirement at any time, the full impact fee would be required. A
covenant would be recorded documenting those requirements. A search of the past five years found
two early learning facilities paid transportation impact fees, one paid $4,000 and the other paid $96,000.
This option aligns with the City's existing 80% exemption for low income housing.
Mr. Taraday added the RCW provides several options to make it easier to establish new early learning
facility. The covenant tool allows recording a covenant to exempt up to all the impact fee, the no
covenant model which would allow exempting up to 80%, and the replacement funds model (not
supported by the engineering department) which replaces the impact fee with payment from the general
fund to make up lost impact fee dollars.
Questions and discussion followed regarding other cities with the same exemption for early learning
facilities, how the 25% threshold is monitored/audited, providing incentive for early learning facilities
providing state subsidized child care, applicability of impact fees on change of use of existing building,
limited effect on impact fees collection, whether a public hearing is required, and priority of this item.
Action: Full council
12. Public Works CIP-CFP Review
Councilmember Tibbott advised he and Councilmember K. Johnson will meet to discuss the information
provided and schedule further committee review. Councilmember Buckshnis offered to participate.
Committee members expressed their appreciation for the spreadsheet and photographs.
Action: Schedule future review
For Council President Olson, Mr. English advised the overlay project on 76th is from 196th to Olympic
View Drive. Council President Olson asked about traffic calming due to speeding on 76th north of OVD.
Mr. English advised he forwarded an email from Council President Olson regarding this issue to Mr.
Hauss and traffic counts are being conducted. He will follow-up with him tomorrow. Discussion followed
regarding the possibility that it is the neighbors who are speeding and whether a radar feedback sign
would slow traffic.
3. ADJOURN
The meeting was adjourned at 9:13 p.m.
Packet Pg. 123
2.4.f
EDMONDS CITY COUNCIL MEETING
APPROVED MINUTES
July 5, 2022
ELECTED OFFICIALS PRESENT
Mike Nelson, Mayor
Vivian Olson, Council President
Kristiana Johnson, Councilmember
Will Chen, Councilmember
Diane Buckshnis, Councilmember
Susan Paine, Councilmember
Laura Johnson, Councilmember
ELECTED OFFICIALS ABSENT
Neil Tibbott, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Whitney Rivera, Municipal Court Judge
Uneek Maylor, Court Administrator
Angie Feser, Parks, Rec., Cultural Arts & Human
Services Director
Rob English, Acting Public Works Director
Jeanie McConnell, Eng. Program Manager
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Nelson in the Council
Chambers, 250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Paine read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip
Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We
respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection
with the land and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present with the exception of
Councilmember Tibbott.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON,
TO EXCUSE COUNCILMEMBER TIBBOTT. MOTION CARRIED UNANIMOUSLY.
4. PRESENTATIONS
1. MUNICIPAL COURT ANNUAL REPORT
Municipal Court Judge Whitney Rivera reviewed:
• Court Operations Update
o Restarted Community Court in January 2022
■ Many thanks to our temporary home at Community Health Center
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■ Moved to our new Community Court Space on Highway 99
o Began processing passports in November 2021
o Completed multiple jury trials safely
o Processing infractions for individuals who did not respond during COVID
o Legal financial obligation relief and Unified Payment (UP) Program
o Fully operational in hybrid model
Photos of Edmonds Municipal Court Team and of the community court
Lookin at the numbers
Traffic
Non-
DUI/Physical
Other
Criminal
Total
Year
Infractions
Traffic
Control
Criminal
Non-
Total
Criminals
Infractions
Traffic
traffic
Filings
2017
3,825
53
90
331
502
4,801
923
2018
4,547
29
144
328
466
5,514
938
2019
2,804
38
135
343
507
3,827
985
2020
1,819
32
105
183
512
2,651
800
2021
1 2,212
20
65
72
318
2,687
455
• Life Cycle: Criminal Case Filing
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Resuming Jury Trials
o Resumed in April 2021
0 171 cases set for trial
o Since resuming, completed 5 jury trials and 1 bench trial
o Charges included
■ Reckless driving
■ DWLS 3 + Reckless Driving
■ Two counts of stalking
■ Driving Under the Influence
■ Assault 4 (non -DV)
■ Violation of No Contact Order (DV)
Community Court Update
o Received a grant from the Administrative Office of the Courts (AOC) as part of SB 5476
o Grant goes towards enhancing and improving therapeutic programs in courts of limited
jurisdiction
o Vendors present during Community Court hearing dates
o Connecting individuals with services to address underlying issues
Statewide Leadership
o DMCJA — District & Municipal Court Judges' Association
o DMCMA — District and Municipal Court Management Association
o MPA — Misdemeanant Probation Association
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2.4.f
o Washington State Criminal Justice Training Commission
o Washington State Minority and Justice Commission (working to identify and to eradicate the
effects of racial, ethnic, and cultural bias in our state court system)
Court Administration
o Uneek Maylor, Court Administrator
■ District & Municipal Court Management Association (DMCMA) — Executive Board
Member, Technology Chair, Education Committee Member, Long Range Planning
Committee Member
■ Minority & Justice Commission Jury Demographics Study Work Group
■ Member of work group for new case management system through Administrative Office
of the Courts (AOC)
■ Career & technical education advisor for Edmonds School District
Probation
o Omar Gamez, Probation Officer
■ Training & Education Co -Chair for the Misdemeanant Probation Association
■ Committee member on Deferred Prosecution Revision workgroup
■ Misdemeanant Probation Academy Instructor at the Criminal Justice Training Center
■ DV and DV-MRT Facilitator
■ Volunteer at Saint Vincent de Paul
• Judicial
o District & Municipal Court Judges' Association (DMCJA)
■ Co -Chair of Legislative Committee
■ Member of the Public Outreach Committee
■ Member of Council on Independent Courts
o Presenter at the Spring DMCJA Judicial Conference on racial disparities in imposition of
legal financial obligations based on 2021 task for report on race in the criminal legal system
• Looking Forward
o Sections of SB 5476 that makes possession of a controlled substance a misdemeanor sunsets
July 1, 2023
o Updating jury summons processing
o Continuing to develop Language Access Plan and interpreter services
o Change in law to provide for ability to pay hearings for infractions goes into effect in 2023
o Potential for state funding for pretrial services that impact public safety (SCRAM, EHM,
GPS)
o Transition to new case management system in 2023
o Expanding pretrial services, including text and email reminders for court dates
Councilmember Buckshnis observed the number of infractions and DUIs have gone down and asked if
that correlated with staffing issues in the police department. Judge Rivera assumed that was part of it as
well as COVID. Ms. Maylor assumed it was related to staffing. Councilmember Buckshnis commented
these issues do not miraculously go away. Judge Rivera said she did not presume that people were
speeding less or driving less after consuming alcohol; there was likely a correlation with staffing.
Councilmember Buckshnis thanked Judge Rivera for answering her email and for including numbers in
the presentation.
Councilmember Paine commented it was great to hear the court was working on pretrial issues and
helping to keep people out of jail as much as possible while still keeping community safety in mind. She
asked about challenges associated with transitioning to the new case management system. Ms. Maylor
answered courts have used the same case management system since 1983 which means the printer is as
large as her first car and the system is a black screen with dots. It will be a huge change in how the judge
looks at files and how papers are processed internally and there will be mechanisms for people to respond
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2.4.f
via the web, which is not available currently, recordings will be added to the website immediately, and
people will be able to access documents faster. Some of the problems are due to the court still having
paper files prior to going electronic during COVID and those need to be processed into the system before
the system launches as well as getting everybody in the state trained. It will be exciting to have the ability
for the public to access their documents and respond which hopefully will improve access to justice.
Judge Rivera commented it will give judges better information by allowing access to documentation in
other counties as well as allow the public to see the documentation at same time. It will help with
transparency and uniformity across the courts to ensure they are all seeing the same thing.
Councilmember Paine asked where backup drives are stored, assuming it was offsite. Ms. Maylor
answered the Judicial Information System (JIS) is stored through the Administrative Office of the Courts
(AOC). Physical files on Laserfiche are stored through the City's IT department and she was unsure if
there was a backup generator but assumed a governmental agency would have a secondary backup for
electronic files. The data regarding criminal histories or DOL is backed up through Olympia and has
multiple backups. Councilmember Paine recalled she was involved with the court at the time of the
Cascadia earthquake and the court was able to access files as they were stored in Grant county.
Councilmember L. Johnson referred to changes that occurred due to COVID and going virtual and asked
what would continue in the interim or become permanent. Judge Rivera answered hybrid appearances will
continue. Certain statutes require people to appear in person such as an arraignment for a domestic
violence offense or a DUI for example. The Supreme Court has modified some court rules to allow people
to appear via Zoom. For example, she has had people appear while on their job at a construction site. Pre-
COVID, people spent a lot of time finding childcare, taking time off work or finding transportation to
appear at a 30-second court hearing because their attorney was asking for a continuance. When there is a
something substantive that needs to be addressed in court, court rules give her the authority to set a
hearing over and require someone appear in person. The rules evolved very quickly, partially due to the
Supreme Court's response to the pandemic; they can pass rules and emergency orders, some of which are
still in place and she anticipated would remain. It was a nice confluence that former Judge Coburn had
converted to a paperless system when the pandemic happened. During COVID, a lot was learned about
the obligations put on people who are already struggling to come to court and she doubted few courts
would return to the old ways of doing things.
Councilmember L. Johnson commented for a lot of businesses, courts, city council, etc., there has been a
silver lining due to things learned from COVID and she was glad the court had the ability to keep some of
those in place. She remembered attending a kudos presentation by Probation Officer Omar Gamez and
asked if that would be done again. She found that very thought provoking and educational, to hear from
people who were struggling, went through court system, where they were today and how proud they were
of the work they had done. Judge Rivera answered there is not a kudos scheduled, it fell by the wayside
during COVID. The court sees that regularly, people who come to court and want to share their
accomplishments. She agreed a mechanism should be developed to share that with members of the
community. It gives people faith in the reliance of human beings to see how well people are doing. She
offered to add that to the list of things to follow up on. Councilmember L. Johnson commented it puts a
human face to it when people usually only hear about the worst.
Council President Olson expressed appreciation for Judge Rivera and Ms. Maylor's flexibility when the
court's presentation had to be rescheduled. She also appreciated their responsiveness to council questions.
She referred to the numbers, commenting the community is looking for more feedback between the court,
police and staff. She was thrilled the court is working directly with human services, remarking on the
principle of public safety being everyone's issue and working on it together as a community. Judge
Rivera said the court is happy to provide information. She agreed with the overlapping circles.
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2.4.f
Councilmember Chen commented the City often receives complaints from the community about
speeding, but the number of cases is very low. He referred to Ordinance 4261 which took effect on June
19', and asked if any cases had come to the court as a result. Judge Rivera answered they have not seen
any yet.
5. APPROVAL OF AGENDA
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO
APPROVE THE AGENDA IN CONTENT AND ORDER.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
MOVE UP DISCUSSION OF COUNCIL RESPONSE TO SUPREME COURT DECISION TO
OVERTURN ROE V. WADE TO COUNCIL BUSINESS ITEM 9.2.
Councilmember L. Johnson pointed out there were many people in the audience to hear that item who did
not need to sit through the OPMA training on the agenda. Moving the item up would be most respectful
of the people who are present today.
Councilmember Paine said she would support the amendment for the reasons stated. Although she enjoys
OPMA training, she recognized there were people present specifically to listen and/or speak regarding the
resolution before council so out of respect for the community, she supported moving that item to 9.2.
AMENDMENT CARRIED UNANIMOUSLY.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
6. AUDIENCE COMMENTS
Mayor Nelson described the procedures for in -person audience comments.
Jay Grant, Port of Edmonds Commissioner, liaison to Edmonds and Woodway, provided an update
regarding the Port. He explained the Port is a separate government under Washington State law that
works to bring economic value to the community. The businesses in the Port do not pay property tax
because it is government land, instead the state charges a leasehold tax of approximately 13% of which
Edmonds receives approximately 30%. A portion of the sales tax generated by the Port goes to the City.
For example, when Jacobsen sells a $300,000 boat, about 4% or $12,000 goes to the City. The Port plans
to formally announce next week plans to build a new Port headquarters at a cost of approximately $8
million. The taxes and fees the Port will pay the City total approximately $400,000. Once the new
headquarters are built, the old building will be demolished and about 900 feet of the north side of the Port
walk reconstructed (from the Port building to the fishing pier) and the former building location will be a
park.
Joan Longstaff, Edmonds, thanked the city council for making an Edmonds kind of day with the 4t' of
July parade that honored the police, fire, and service organizations. The Pledge of Alliance includes the
words, one nation under God with liberty and justice for all, but the United States is nearly in a civil war
again and very divided. There are many important issues including the shooting in the Chicago parade.
She found it very inappropriate for the council to be addressing women's rights and abortion. Fortunately,
Washington is very pro women's rights and voices are being heard. Speaking for those who are pro -life,
they are the council's constituents; the population of Edmonds is 43,580 and the council represents
thousands of pro -life people. There are many big issues the council needs to work on.
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2.4.f
Rebecca Anderson, Edmonds, said she spent the last several days with a heavy heart reflecting on the
reproductive freedom resolution before council tonight, questioning whether taxpayer time and resources
should be spent discussing a resolution that would endorse abortion so that Edmonds can claim to be an
abortion sanctuary. She questioned whether Edmonds needed to be an abortion sanctuary. Washington
State has very liberal abortion laws, in fact abortion was legal in Washington years before the Roe
decision in 1973. During the state's last legislative session, a law was passed that no longer requires only
doctors perform abortions and replaces "woman" with "person," so it is now legal in Washington for not
just a woman but a person to get an abortion and it no longer has to be done by a doctor. People in the
state have very few barriers to obtaining an abortion so why does Edmonds need to be an abortion
sanctuary? She wondered whether anyone had stopped to think about those in the City who have been
wounded physically, emotionally, mentally and spiritually by abortion. Almost a half century of abortion
on demand in the United States has resulted in the death of 63.5 million children. Most people know at
least one woman who has had an abortion, grandmothers, mothers, sisters, daughters, aunts, nieces and
cousins in their families, and the loss they feel needs to be acknowledged and it would be callous to do
otherwise as the City declares it a safe place that encourages women to have abortions.
Ms. Anderson explained during an abortion, the life of a tiny human being ends. Not all women want to
kill their unborn children, not all women who aborted their children are glad they did it, many women
who have had abortions deal with regret and great loss. For those who have been directly or indirectly
affected by abortion, she was sorry our culture failed them when they needed life affirming support and
love for them and their unborn child. She consoled that they were not alone and prayed they had
encountered the human mercy of God and if they had not, that they would and if they had started on that
path, prayed they would continue. There are several beautiful ministries specifically for women who have
experienced the hurt and sorrow of abortion including Project Rachel and it does not matter how long
since a person's abortion. She quoted Mother Theresa when speaking at the 1982 Harvard
commencement, "It is something unbelievable that today a mother herself murders her own child, afraid
of having to feed one more child, afraid to educate one more child. A nation, people, family that allows
that, that accepts that, they are the poorest of the poor." For the good of Edmonds, she urged the council
to vote no on the resolution; the women of Edmonds deserve better.
Denise Alvarado, Edmonds, said Edmonds is considering a very divisive resolution on a topic that has
already been handled at the state and federal levels. A nonpartisan council should not make such a
resolution; it is very inappropriate and does not reflect the views of many Edmonds citizens. Washington
State has had abortion rights in place even prior to 1973. Certain councilmember are fear mongering with
this resolution in what appears to be a kneejerk and incredibly partisan reaction. She did not want her
taxes going to pay for any support for an already well -endowed Planned Parenthood. There is discussion
about protection or an escort for people going into the Planned Parenthood on 196t1i, commenting she was
not aware that there has even been a need for protection. There has recently been vandalism and
threatening graffiti at the local pregnancy center that serves and supports women seeking help during and
after pregnancy. Planned Parenthood is outside the city limits as is the pregnancy center, if protection is
given to Planned Parenthood, she asked that it also be given to the pregnancy center. She gave birth to
and cared for a 26'/2 week old baby, now a 26 year old, and knows what a pre -term infant looks like.
Washington state currently allows abortion up to 24-28 weeks. About 97% of biologists recognize that
life begins at conception; abortion is killing a genetically unique human being and 800,000 abortions
happen per year in the United States. What the council is considering is very divisive and many do not
support it. She wished the council would consider not approving the resolution.
Janet Way, Shoreline, expressed her support for the proposed resolution because women's rights are
human rights and reproductive rights are healthcare and women's healthcare needs to be supported. She
appreciated the council's willingness to take up the resolution; it will benefit families, the economy and
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the human rights of women, children and men. She asked the council to vote yes to support access to
reproductive choice, anticipating it mattered to the majority of voters.
Maralyn Chase, Esperance, commended the council for bringing this important issue that threatens
democracy to a public policy discussion. The U.S. Supreme Court recently overturned the constitutional
rights of young women, the right to control one's own body, but that is only the beginning. The U.S.
Supreme Court has seriously challenged the First Amendment mandating the separation of church and
state. This country was established, the first in the world, without an official religious doctrine, total
separation of church and state and that is being challenged. She referred to hospital mergers, commenting
49% of hospitals in Washington are owned and managed by the Catholic church according to the ethical
and religious directives of the Catholic healthcare services of the U.S. Conference of Catholic Bishops.
When someone goes to a Catholic hospital, they are treated as if they are a Catholic and can only receive
medical care that adheres to the Catholic religious directives. The religious directives governing hospital
policies in half of Washington hospitals prohibits a full range of reproductive health services even if the
woman's life is in danger, including ectopic pregnancies. These hospital directives prohibit death with
dignity, a direct challenge to the constitutional rights of old people and also prohibit contraception, invitro
fertilization, the only way some families can build their families, and care for LGBTQ patients and more.
This is a serious public policy issue that fundamentally threatens democracy.
Tony Shapiro, Edmonds, hoped the primary and overriding objective of this and any city council would
be to focus on the challenges and issues affecting efficient management of the city. Edmonds City
Council recently exemplified this objective when it denied permission for camping on public property and
he applauded the council for addressing that issue before it became an overwhelming eyesore that is
difficult to stop once permitted on government property. Taking up issues outside the parameters of the
council's responsibility is counterproductive to the efficient use of the council's time and detract from
constructive efforts to move the City in a positive direction. Tonight's discussion focuses on issues
outside the legal parameters this council has the authority to govern. Additionally, bringing this issue to
the forefront effectively divides the citizenry in a manner that does no objective good for the overall
wellbeing of the community and was very aptly expressed in an opinion letter to the council by Paster
Barry this weekend. Morally, he is opposed to abortion and deeply believes that God does not look lightly
or kindly on the taking of innocent human life. Anyone arguing that abortion is not the taking of life is not
looking at the facts. The DNA of a fetus in a woman is not her DNA, the heartbeat within the woman is
not her heartbeat; she is the caretaker of the baby being formed within her womb and it is that woman's
and the subsequent mother's responsibility to care for and cherish that life. Abortion does neither of those
things and degrades all individuals involved, bringing a stain on womanhood, society and the country.
Colleen Tracy, Edmonds, expressed support for the strongest resolution possible to protect and keep
abortion access safe, legal and available. She had concerns with access to other health resources such as
birth control, family planning and general healthcare that could also go down with the ship. Access is
imperative and vital. When she was out recently in support of pro -choice, a couple men shouted at her
that it is still legal here, causing her to think, for how long? People who want women and other minorities
to have fewer rights will never stop chipping away. She was saddened, sickened and felt very unsure for
the country. She could not imagine the feelings of horror of the women in states with stone -age abortion
laws now and in the near future. She requested the council protect women's rights and keep the City out
of the stone -age with whatever is within their power. It is absolutely appropriate and important for the
council to do this. Citizens cannot do this alone, they need allies near and far. It is not just a women's
issue; young men will also pay for this lack of access. She has heard people in the room mention forced
abortion, commenting no one is forcing anyone to have an abortion — get over it. The reality is some
people need to have abortions; whatever the reason, it is their choice.
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Carin Chase, Edmonds, expressed appreciation for the time the council would take to discuss the
council's response to the Supreme Court's decision to overturn Roe v. Wade. Speaking as one of the
majority of women in the country and community that support protections afforded by Roe v. Wade, she
was terribly angry and disappointed that for the first time in history, young women now have fewer rights
than their mothers. She was angry and disappointed at the leadership shown by the country's highest
court. Seeing the resolution that Councilmembers L. Johnson and Paine brought forward gave her faith in
her elected officials. She was pleased the resolution would be discussed tonight and that the council has
an opportunity to show the leadership the community needs. The community needs to know its leaders
have their back and that they recognize rights are under attack and she urged everyone to support the
resolution. She read from the resolution, "therefore, be it resolved that the City Council of Edmonds
Washington that: The Edmonds City Council adopts this resolution to express its official position in
support of amendments to the Washington State and United States Constitution to codify an individual's
right to comprehensive, safe and accessible reproductive health care including abortion, contraception,
gender affirming healthcare and marriage equality and urge our federal and state legislators to act in
support of said rights. The Edmonds City Council also directs copies of this resolution be sent to
Governor Inslee and representatives as a means of showing support of a constitutional amendment
guaranteeing full access to abortion care services and increasing oversight of hospital mergers that have
often interfered with reproductive health care services for all people. Edmonds is a supportive community
and welcome people from other states coming to the area for full support of legal and safe reproductive
support services. We direct that this policy by the city council that the police department will not commit
any of their police services to the pursuit of any investigations related to those people seeking or
providing abortion care."
Patty Whitmarsh, expressed her opposition to the resolution entitled reproductive freedom. The
Supreme Court of the United States is the final arbitrator and law of the land of the constitution. They
have corrected their error after nearly 50 years and the death of over 63 million unborn babies.
Councilmembers swore an oath to uphold the constitution and if they do not, they are in violation.
Nowhere in the constitution does it say abortion is a right. Using a councilmembers' position to further
their opinion or ideological view to what the Supreme Court of the United States already determined is
outside their jurisdiction does not represent herself nor many Edmonds citizens. No city council should
ever deny an unborn baby its life or right to live. They can better serve the citizens of Edmonds by
immediately dropping this resolution. The country has been in a state of great division and moral decline;
pursuing this resolution regarding reproductive freedom will only further hostility and prevent the City
from being a place of nonpartisan, wholesome and quality living. On July 1, 2022, she sent each
councilmember an email stating her concerns. She thanked Council President Olson and Councilmembers
Buckshnis and Tibbott for their prompt responses, noting she never heard from the other councilmembers.
She requested each Edmonds councilmember search their hearts, stay within the parameters in which they
vowed an oath and seek godly wisdom, discernment, prudence and righteousness as they strive for peace
and unity in this great City.
Mark Ibsen, Edmonds, registered his opposition to the resolution regarding abortion freedom. This is
primarily a state issue and should not be taken on by a small city and there are other issues to be
concerned with. The impact of the resolution will be very small and will be seen as purely partisan and
will divide the City. Unborn citizens are the most vulnerable and need our voices too. To his detractors,
he said respect for the rights of human life knows no specific gender. He respectfully requested the
council vote no to this resolution.
Ruth Johnson Pirie, Edmonds, thanked the council for the many ways they serve the community and
thanked citizens for what they do to make Edmonds a beautiful place to be. She expressed her opposition
to the resolution. She has heard there needs to be respect for women who have chosen abortion; she has
many friends who have done so and she understood their reasons due to choices she has made herself but
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looking back there is also a choice for life that women must consider, the life of a human placed in their
womb. There is a reason a human being was placed in a woman's womb to nurture and protect, each of us
was one of those. In 1974 when abortion was legalized in Sweden, her mother was told she should have
an abortion for medical reasons and chose not to; 28 years later, her mom had a massive heart attack and
went into cardiac arrest and that daughter, her sister Rebecca, revived her. She is a math and science
teacher who advocates for the poor and needy, an immigrant who now lives in France and works with
orphaned children. She urged the city council to put the resolution aside, to consider life and consider
men who also have a stake in this issue. If a man is required to pay for a child after it is born, they also
have a choice when the child is in the womb.
Tiffany Mecca, Edmonds, spoke in support of the resolution in opposition to the Supreme Court
decision that overturned Roe v. Wade. She supported the strongest version, Resolution #1. She grew up
knowing she had this protection if she needed it which told that her life, her dreams, who she was, and
whether she wanted to be a parent mattered and that her existence independent of whether she would be a
mother or bear a child mattered. She had that right when she went to bed Thursday night a week ago, but
it was gone when she woke up Friday morning. This right has been chipped away for years at the federal
level and in other states. She was terrified and angry when she learned about the Supreme Court's
decision and it felt like an emergency. As a person who can get pregnant but doesn't want to, and a person
who has a lot of privilege in that decision, she has always had the ability to access birth control and
healthcare and had parents who understand the implications of being pregnant when you're not ready, her
mom was 19 and has had frank conversations with her. She has a caring partner and access to birth
control and healthcare, but not everybody has that. It is important for the city council to support women's
rights at a local level. This is similar to other medical decisions that people cannot force her to make such
as give blood or donate a kidney, or wear a mask, yet women will be forced to bear a child.
Cassie Friedle, Edmonds, wearing the wings and blood red color depicted in a Handmaid's Tale, quoted
from the late and great Ruth Bader Ginsberg, "speak your mind even if your voice shakes." She recalled
being 9 years old and in the 41 grade when she got her period; at 9 years old she was fertile and could
have had a child, a fetus that could have killed her as she carried something she could not comprehend,
carrying a death sentence. She questioned whether any councilmember would have stood by and watched
a handful of cells rupture their daughter's uterus and watch her die. She envisioned they would instead do
everything in their power to save that person. For those who think it's God plan and would have let her
die, they are lying to themselves; no one should be forced to be an incubator because it's God will. Yet
across the nation, women of all ages are being forced to carry a handful of cells that could kill them,
carrying a stillborn or ectopic pregnancy that will cause sepsis or a ruptured fallopian tube that will surely
kill them. In North Carolina last week, patients with lupus and rheumatoid arthritis were denied life-
saving medication because they are of viable fertility age. Across the nation, doctors are being forced to
break their sacred oath of doing no harm because of four men and one woman who swore to protect our
constitution. For those who say it will never be outlawed in Washington and question why we are
fighting, something shouldn't happen to ourselves or our loved ones for us to care. Elected representatives
are elected to follow their constituents' will; Edmonds demands protection of its daughters and securing
reproductive rights. Shame on those who let their personal views or grudges overrule their duty as elected
representatives. Councilmembers may not see the repercussions of their actions now or in five years, but
she and other constituents will do everything in their power to unseat them and someday soon they were
realize they were a coward but it will be too late.
Megan Wolfe, Edmonds, expressed her gratitude to Councilmembers Paine and L. Johnson for
proposing this resolution. At a time when it seems everyone in power is doing a lot of awful things, it is
nice to know local officials have their backs. She supported a lot of what has been said about having
rights taken away. She is now seen as a vessel to have babies, but she is much more than that as are all
people who can become pregnant. They deserve equal, easy access to basic healthcare which is what
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abortion is. She struggles with the hypocrisy in this very emotional topic, people who claim they are pro -
life but are not fighting for things that would actually save lives such as easier access to healthcare, better
sex education at all ages, things that would prevent the need for abortion, but abortion should be easy to
access as needed because it saves lives. As someone who has had a miscarriage, what came out of her
body in no way resembled a human life. The fact that people are fighting for that sack of sells over a
living, breathing, and contributing human being is difficult to understand. She strongly supports the
resolution and thinks the local level is where there actually can be a very big impact because
councilmembers are telling their constituents that they care about them and see them as whole human
beings.
Sofia Marie Castillo, Edmonds, a high school student, expressed support for the resolution because it
supports her, her peers and many others. The formation of the United States was not religiously affiliated.
Dawn Modsen, unincorporated Edmonds, said she planned to move into incorporated Edmonds and
hoped to vote for the Edmonds council. As a person of baby -making age, with baby -making hormones,
the past week has been an absolute nightmare. Although this is Washington, what the Supreme Court did
with gun rights recently could also be done in Washington. She asked each councilmember to go on
record stating their beliefs by voting for or against the resolution.
Stephanie Smith, Edmonds, asked the council to support human rights with the strongest possible form
of the resolution. Elected officials need to stand up for basic bodily autonomy and protecting citizens and
residents' rights by, 1) ensuring City resources are not used to assist other jurisdictions in investigating
and prosecuting individuals accessing basic healthcare, and 2) using the City's clout to ensure people's
rights at the national and state level.
Lisa Utter, Lynnwood, was glad the council was looking at this issue. She found it appalling that people
were urging the council to focus on potholes instead of human rights. Councilmembers took an oath to
protect the constitution and previously passed a resolution supporting human rights. She encouraged the
council to pass the resolution.
Gracelyn Shibayama, Edmonds, encouraged the council to vote yes on the resolution which is near and
dear to her heart. She has struggled over the past few weeks knowing her rights have stripped. Knowing
the City she lives in cares about her, her friends and her family to put this forward, to think about them, to
protect them is very important. The council has to pass this resolution for people her age and younger to
be an encouraging and welcoming City and to let young girls thrive and flourish.
Denise Cooper said choosing to make abortion part of the discussion has placed a division in the
community. She is pro -life, in support of the born and the unborn along with her heavenly father. What
Councilmembers Paine and L. Johnson did by bringing abortion to the city council was a reckless move,
bullying fellow councilmembers into saying that they support something that possibly they don't. The
answer to preventing babies from coming into the world is safe sex or sustaining from sex; killing babies
is not birth control. Checking twice, ensuring you have taken your pills or are wearing protection so the
woman does not get in a predicament where she has to choose to kill her unborn child. She was unsure
why the Catholic church was brought up, but they are pro -life and offer child and family services,
adoption, elder care and spiritual care. She asked the council to leave this as a federal decision and not a
City statement because not all citizens agree and are not all pro -abortion, some of them choose life.
Ken Reidy, Edmonds, encouraged the council to remove the special event permit item from tonight's
consent agenda. If the council wants to review the special event permit code, he suggested initiating a
policy -making process, tasking the planning board with it as a first step and not add more new problems
to the City code. At a minimum, he requested the following terms be correctly defined in the City code:
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easement, right-of-way, opened public street, opened public alley, unopened public street, and unopened
public alley. He requested the council clearly identify who has maintenance responsibilities for all
portions of both opened and unopened streets and alleys. He questioned where the idea came from that the
City can issue a special event permit to use a right-of-way that the City has never used, plus issue such a
permit without the fee owner's approval. The City has experienced a property owner taking legal action to
establish adverse possession of a City easement. The City won that 1989 case because the property
owner's construction and maintenance of a fence in the easement area was not considered adverse or
hostile to the City's easement. The law allows the fee owner to use their land before the City opens a
street or alley so the construction and maintenance of the fence was not adverse or hostile to the City's
easement.
Mr. Reidy continued, however, if the City brings in a third party and allows permits to be issued to third
parties for use of unopened streets and alleys, the situation changes. If the City does so, a property
owner's use of their property may now become adverse or hostile to the City's right-of-way. If the council
decides to go forward, he strongly recommended all permit applications to make use of the unopened
streets and alleys require the signed approval of the fee owner; approval by both parties with legal rights
to the property might protect the City from opening the door to adverse or hostile use of a City easement
by the fee owner. The fee owner should be involved in the permit process if someone wants to use part of
an opened street or alley that the fee owner is required to maintain. He urged the council to take time to
get this right, to allow property owners with land subject to an unused right-of-way or with maintenance
responsibilities an opportunity to be heard on this important topic starting at the planning board level.
Bill McClain, Shoreline, recalled fishing in the 1980s and bagging seven silvers, one of which the hook
almost went through the fish's eye. Imagine a hook going through the eye and being dragged into a boat.
He commented on the pain inflicted by boiling crab. In an abortion of the unborn, the abortionist crushes
the baby's skull or cuts off the arms and legs while it is alive and struggling, fighting against the
abortionist's actions. He acknowledged having an unplanned child was hard on a woman, but the mother
can have the child and it can be adopted. The torture that the unborn experience during an abortion is
unimaginable. Slavery was abolished in the 1800s in spite of the inconvenience to the slave masters, the
plantation owners as well as to the country; it cost 500,000 lives to put an end to slavery. The overriding
reason was because slaves were people. The unborn are people too and need protection under the law.
Mary Jennings, unincorporated Edmonds, said she was 15 when she was taken advantage of and
became a very young mother. She was told to abort, that she would never graduate from high school and
not to bring an unwanted child into the world. She had her daughter; her daughter is now 49 years old, a
successful executive with Nordstrom. She herself graduated from high school in the top percentile and
went on to Fresno State University and is a retired law enforcement officer, spending 25 years as a
undercover investigator for the State of California. Edmonds is a great place to retire and be closer to her
daughter. She is thankful she had her child regardless of what people said and raised her as a single mom
until she turned 16. She is extremely pro -life and her daughter texted her recently thanking her for giving
birth to her.
Kristen Johnson said this is an incredibly large subject and cannot be solved in an hour or two. Not only
have children been allowed to die, but women have also suffered due to what they did. She never had to
do that, she brought forth her children and her youngest daughter commanded her heart to beat in the
mighty name that we never hear about or dare to discuss because it is forbidden in society. She has seen
the greatness of his power in so many ways for many decades. She encouraged everyone to consider that
they are a living miracle, put together so fantastically but their offspring are being killed, people who
could become doctors, etc. as she has seen in her incredibly smart grandchildren. At 88 years old, she is
experiencing difficulty with her knees. She referenced the story relayed by Ruth Johnson Pirie about her
daughter reviving her, commenting she was here tonight as a mighty testimony.
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Heather Damron, Edmonds, said the stripping of rights does not stop here. Washington is one bad
election away from what is happening federally happening in Washington. Church and state must be kept
separate, legislators must be encouraged to codify Roe at the state level as soon as possible. She urged the
council to vote yes to approve the most strongly worded resolution possible.
Mayor Nelson described the procedures for virtual audience comments.
Dawn Siewert, Director, Edmonds Lutheran Learning Center, was proud Edmonds was taking up the Roe
v. Wade discussion. She spoke in favor of the approval of an update to Edmonds City Code to include
Impact Fee Waiver for Early Learning Facilities. This came about as a result of her center which has been
trying to change the use of the fireside room to be an educational center for children. The fee to change
the use for childcare is about $36/square foot. At a time when childcare is so important to so many
families, having this space or allowing a reduction in the fee for other centers would allow many more
childcare spaces to open up. She urged the council to approve the fee waiver amendment. The information
in the Child Care Collaborative Task Force report attachments is from November 2019 so it can be
multiplied by COVID. She commended the hard work that childcare teachers, directors, and staff have
done over the last two years during the pandemic, in -person with children and taking on an immeasurable
amount of stress and keeping things as normal as possible for the children, some of whom have only been
alive during COVID. She has 15 kids now that only know COVID, seeing parent and others wearing
masks. Opening more childcare spaces as families return to work is important and she urged the council
to vote yes on the fee waiver.
Linda Ferkingstad, Edmonds, said Britain's restrictions and fees for cutting pine trees motivated the
Declaration of Independence on July 7, 1776. Property rights continue to motivate immigration to the
U.S. Her parents were 5 years old when 400 Nazis occupied their tiny island in Norway, doubling their
population. For five years Nazis kicked families out of their homes in the dark of night, moved in and
took their food supplies. When supplies ran out, Nazis moved to the next home. Every home housed
either two families or Nazis who took what they wanted, making families buy back their own supplies,
their own property. In 1965 her parents immigrated to Seattle with their children and were proud to
become naturalized when they were sworn in as American citizens. Their father employed 100s, served
on museum, charity and hospital boards, volunteered thousands of hours at Ballard Food Bank, Nordic
Heritage Museum and supported those in need, paying for drug and alcohol addicted employees' sobriety.
Her mom supported him and their five children in everything, inspiring them to give what's needed and
expect nothing in return. In 2017 they purchased 1.2 acres in Edmonds to downsize and live beside each
other. Inexperienced, they first got the go-ahead from the geotech and planning department but then got
the runaround. After five years, they are close to a permit for division. Shockingly 82 years after the
terrifying Nazi occupation, it is happening to them again in the USA.
Ms. Ferkingstad continued, they cannot live on the property until they pay Edmonds for their own trees.
Edmonds has permanently seized rights to all trees on their property without just compensation. Permits
for tree removal for three homes are denied until $107,000 is received in tree fees in addition to the likely
$100,000 in permits and Edmonds' permanent seizure of all rights to trees is recorded on property titles at
the county. Their Ukrainian neighbors have to pay $64,000 in tree fees to build a home for their parents, a
south Asian family cannot build homes without paying hundreds of thousands, and retired couples cannot
afford to divide and sell half their property for retirement. Immigrant families and senior citizens are
forced to compensate for tree canopy loss of 100 years of development. Edmonds' seizures and excessive
fees restricting the use of vacant properties has decreased values and owners' equity. They are denied
constitutional protections that all citizens benefit from. She asked whether the council would honor the
pledge they made at all meetings, liberty and justice for all and asked whether all citizens will be free to
live peacefully and productively without interference from the government. She asked for this to be
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placed on next week's agenda, immediately rescind the illegal tree ordinance and prioritize their
constitutional rights.
Cynthia Sjoblom, Edmonds, said people from Lynnwood and Shoreline speaking tonight do not have a
say in Edmonds' politics. She was appalled by a remark by an audience member to "get over it." The
resolution is an overreach and overrides the state's authority. The state of Washington has already decided
to keep women's rights in place so fear -mongers saying people will be unable to get birth control, she
suggested they get over it because they will be able to get birth control. To those who say, my body my
choice, they are the same people, along with the government, telling unvaccinated people what to do with
their bodies, shaming people for not being vaccinated or not wearing a mask. When it comes to my body
my choice, they only believe it when it is convenient for them. She recalled Councilmember L. Johnson
telling others to get vaccinated. There are two sides to every story; many women regret their abortions. In
an article by the Daily Caller, former state lawmaker Alveda King, Dr. Martin Luther King Jr.'s niece and
media personality Corinne Kimble spoke about their abortion stories and how the experience changed
their lives. "Abortion is a civil wrong. Life is a civil right" said Alveda King. King stated her OB/GYN
coerced into getting her first abortion and recommended she obtain her second one due to struggles in her
marriage and the age of her first child and referred her to Planned Parenthood with the advice not to talk
to her family or church about women's health matters and that Planned Parenthood would be a friend to
talk to. King had two abortions and an abortion -related miscarriage before she began to look more closely
into the issue, before she experienced the reality of the sanctity of life. "If I told my grandfather he would
have helped me choose life. He convinced my mother not to let me in 1950." Corinne Kimball, a pro -life
advocate and media personality, was pressured by her family and boyfriend who said their lives would be
changed and it would affect their careers. She reported being tugged in every direction and crying
hysterically because she could not think about going through with an abortion. She wished Planned
Parenthood had been honest with her about the pain, guilt and especially options. She said they weren't
trying to help her but pushing abortions and no information was given about adoption. She had expected
Planned Parenthood to be a safe place for women. She urged the council not to pass the resolution.
Mary Kimball, Edmonds, a queer woman, was heartened to see so many pride flags when she
experienced the Edmonds 4th of July parade for the first time yesterday. She was heartened by the actions
of Council President Olson and Councilmembers L. Johnson and Paine to include all people who may
need access to reproductive rights and reproductive health care. She recognized it was incredibly
unusually for a city council to take up a matter that does not practically impact the City. As others noted,
there are no places in Edmonds that perform abortions. These are unprecedented times, Roe v. Wade has
been overturned and is no longer law and access to comprehensive reproductive care and other forms of
healthcare including those affecting the LGBTQA+ community are under threat. She urged the council to
vote yes on either of the resolutions; she liked the first one but both are fantastic. These are unprecedented
times that demand unusual comprehensive solutions to protect democracy and civil rights.
Charlie Ann Lu, Edmonds, thanked the council for their willingness to consider the resolution on
abortion and reproductive rights. While she considered herself pro -choice, she is also pro -life; a human
live that begins at viability, not at conception. Not all people believe fertilized eggs are babies and since
some cited science, as a published scientist, in the strictest biological definition, an embryo is actually a
parasite, unable to sustain itself without a host. Women as a whole should not be forced, or to use some
others' words, enslaved to become a host to a parasite. Many reference women who regret their abortion,
but looking at science, a landmark study at UCFF recently showed 95% of women do not regret their
decision and the overwhelming majority had positive feelings or none at all. She had a lifesaving abortion
in her 20s and the only trauma she ever experienced is from people who accused her of murder. Despite
that trauma, she has become very open with her story and because of that transparency, she has spent the
past 25 years advising others on their reproductive decisions. While she does not always agree with every
case in which a person chooses an abortion, she believes that every individual must have the freedom to
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control their own reproductive autonomy and neither she nor the government should impose their own
views on other people's medical decisions. Therefore, she supported the council's resolution on abortion
and reproductive rights in its strongest form. This is especially important in the context of Edmonds'
commitment to equity since restrictive reproductive choices disproportionately harm people of color and
those who are economically disadvantaged. Edmonds is small but mighty and this resolution can signal to
the governor, senators, representatives that the City is in strong support of women, people of color and
other who are economically disadvantaged. She urged the council to vote yes.
Natalie Seitz, Edmonds, continued her comments previously provided to council on the most recent
version of the PROS Plan. The current council is not able to make commitments to improvements in the
next round of the PROS Plan and she wanted a durable public record of the feedback the council received
and disregarded. Page 17, the outcome of the community tabling events in SR-99 is only identified by a
few sentences on that page and includes no separate write-up in appendix D. This is the only outreach for
which this is the case. If the City wants to build relationships with underserved communities, the City
needs to do a better job of documenting the feedback received from the community and directly connect it
to policy, CFP/CIP, and new inserted action plan. She asked that a separate write-up from the feedback
received from the tabling events be included. Figure 5 Map 1, the City erroneously counts land owned by
the PUD in the SR-99 area as a special use park. She referred to the email provided to council on June
26t1i from the PUD identifying there is no access or agreement between the City and the PUD for areas
south of the park and that these locations are signed no trespassing. She requested all figures and tables be
revised to remove this area from depictions and calculations of City services. Page 74-76, open space,
greater attention should be paid to equity and access as well as the revised definition of open space to
focus on restoration of forest land and wetlands that can be or are located in all areas of the City. If the
City is going to change the definition of open space to better accommodate acquisition of the marsh, then
that concept of restoration and not just citing open space where natural features exist needs to be applied
throughout the City including underserved areas.
Ms. Seitz continued, additionally, the City included a walkability analysis to open space within the maps
but provides no text analysis of the accessibility gap within the open space section. She requested a text
analysis of the location of significant access gaps be included. Page 75, wetlands, the Unocal property
identified in the wetland section is primarily upland and contaminated fill pad and provides very limited
potential for direct wetland restoration, only the stormwater pond and ditch. Many other properties within
the City provide a greater ability to directly provide wetland habitat. She requested the Unocal property
be eliminated from the wetland section or discussion expanded to include any property within the City
that would provide equivalent proportions of land that could be restored to wetlands. This would include
but is not limited to the entire area north of the marsh west of SR-104 and south of Dayton as well as
properties along Lake Ballinger. Next week she will start with Chapter 6. She referred to the Supreme
Court's decision that this is not a federal issue, and said it is entirely appropriate for the council to take up
the matter and provide the City's point of view to the state. There is no such thing as an unborn citizen;
there is birthright citizenship in this country. She absolutely supported bodily autonomy.
Susan Hughes, Edmonds, referred to a post in My Edmonds News by Councilmembers Paine and
Councilmember L. Johnson that they drafted a resolution in support of abortion. Now they want the
Edmonds City Council to adopt it. They did not state that large parts of the resolution are copied from
Resolution 3054 submitted by Marxist Seattle City Councilwoman Kshama Sawant who is openly
Marxist and has been noted as such on CNN, New York Times, Seattle Times, etc. Councilmembers
Paine and L. Johnson distributed the resolution on local news media before disclosing it to their fellow
councilmembers. She recalled Councilwoman Sawant brought protestors to then Mayor Durkan's home
and unlocked Seattle city hall for protestors and questioned whether Edmonds had to look forward to.
Some people who live, work or visit Edmonds support the United States Supreme Court decision. The
constitution does not confer a right to abortion and returns the authority to regulate abortion to the people
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and their elected representatives. People of both viewpoints are free to have their own opinion and
citizens of Edmonds all deserve representation by Edmonds City Council. The U.S. Supreme Court is the
highest tribunal in the nation for all cases and controversies arising under the constitution or the laws of
the United States. As a final arbitrator of the law, the court is charged with ensuring American people the
promise of equal justice under law and thereby also function as guardian and interpreter of the
constitution. Edmonds councilmembers have taken an oath of office to support the constitution and laws
of the United States. The city council code of ethics states the chief function of local government at all
times is to serve the best interest of all the people. Edmonds City Council is foisting opposition to the
U.S. Supreme Court ruling which exposed citizens to choose between staying silent out of fear or risking
harm if they publicly oppose the resolution. Pro -choice and pro -life people deserve to be safe and to feel
invited in the community. This resolution should not be part of Edmonds City government and
Councilmembers Paine and L. Johnson should be censured for violating their oath of office, the code of
ethics, and the code of conduct.
7. RECEIVED FOR FILING
1. MARCH QUARTERLY FINANCE REPORT
8. APPROVAL OF THE CONSENT AGENDA ITEMS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
APPROVE THE CONSENT AGENDA.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO PULL ITEM 8.7, ORDINANCE REPEALING OR AMENDING CERTAIN CHAPTERS OF
ECC TITLE 4 LICENSES AND ADDING A NEW CHAPTER RELATED TO SPECIAL EVENT
PERMITS, AND PUT IT ON THE AGENDA AS ITEM 9.3.
AMENDMENT CARRIED UNANIMOUSLY.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. The agenda items approved are as
follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JUNE 27, 2022
2. APPROVAL OF COUNCIL MEETING MINUTES OF JUNE 28, 2022
3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS
4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS
5. CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE
6. EDMONDS CITIZENS' TREE BOARD APPOINTMENT CONFIRMATION
8. RESOLUTION ADDING SPECIAL EVENT PERMIT FEES TO THE CITY'S FEE
SCHEDULE
9. PLN2022-0009 REZONE 9516 & 9530 EDMONDS WAY
9. COUNCIL BUSINESS
APPROVE UPDATE TO EDMONDS CITY CODE CHAPTER 3.36 TO INCLUDE
IMPACT FEE WAIVERS FOR EARLY LEARNING FACILITIES
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Acting Public Works Director Rob English introduced Engineering Program Manager Jeanie McConnell.
He reviewed:
• Impact Fee Waiver
o ECC 3.36 — regulates Street and Parks Impact fees
o ECC 3.36.040 — provides partial exemption for low-income housing units
o In 2018, the state legislature created a Child Care Collaborative Task Force to incentivize
employer -supported childcare as well as improve childcare access and affordability. Their
2019 report included many recommendations, one of which was to partner with entities and
jurisdictions to eliminate local construction impact fees.
o July 2021 — RCW 82.02.060 was amended to also allow exemptions for early learning
facilities
Proposed code update to allow for partial exemption of street and park impact fees
0 80% exemption with remaining 20% paid at building permit issuance
o Covenant to be recorded
■ 25% or more of children and families qualify for state subsidized child care
■ Annual report and supporting documentation to be submitted to the City
■ Exempted portion of fees to be paid for failure to comply with covenant
■ Full fees required for property conversation
Staff recommends the change
Councilmember K. Johnson advised the Parks and Public Works Committee reviewed this proposal and
supports staff s recommendation. It was brought to council due to the code change. The committee felt it
would be an asset to childcare and learning facilities in the City. The fees that will be waived are not
significant for the City and can be recovered if the conditions are not met.
Council President Olson thanked staff for the complete packet. She pointed out the permit system will be
used to track receipt of the annual reports to ensure compliance.
Councilmember Paine appreciated this coming to city council. She thanked former Student
Representative Brook Roberts for bringing this forward after being contacted by Ms. Siewert. It was her
understanding that child care facility would be next to the Housing Hope facility near the Lutheran
Church. Ms. McConnell advised Ms. Siewert operates a business within the Edmonds Lutheran Church
which is adjacent to the future Housing Hope location. Councilmember Paine expressed support for the
proposed change as the apartments at Housing Hope will be large enough for families so it will be
important to have access to childcare nearby. As a parent who paid for childcare, she realized it was
expensive.
Councilmember Buckshnis thanked staff for the complete packet.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
APPROVE AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
SECTION 3.36.040 OF THE EDMONDS CITY CODE TO ADD A PARTIAL IMPACT FEE
EXEMPTION FOR EARLY LEARNING FACILITIES. MOTION CARRIED UNANIMOUSLY.
Mayor Nelson declared a recess from 9:09 — 9:15 p.m.
2. DISCUSSION OF COUNCIL RESPONSE TO SUPREME COURT DECISION TO
OVERTURN ROE V. WADE
Council President Olson said before the council discusses the merits of one resolution over the other, she
wanted it to be clear that the council wanted to make a statement on this issue.
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COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON,
TO ABSTAIN FROM MAKING A STATEMENT AS A CITY COUNCIL.
Council President Olson said she did not come to the role as a city councilmember to be a politician, she
came to serve her community in a nonpartisan role. Whenever the council acts, they should like the
process regardless of the subject matter. She felt this process does not work and she did not want the
council to weigh in on national issues. The council position is promoted as a part-time job and in her
experience, being both an activist and doing the City's business makes it a full time job plus. She was not
willing to stop doing the work of the City to be an activist in this role. She was not saying she or anyone
else should be silent on this matter, but she shouldn't be speaking on behalf of the community on this
matter, she preferred not to and she preferred not to be put in the position of doing so. If this becomes a
resolution and the body does not accept her proposal, she will vote on the resolution because she has
already taken a stand on this issue. However, nonpartisanship is also part of the council's charter.
Council President Olson continued, as council president, she attends a monthly meeting with all the other
south Snohomish County city council presidents and Edmonds is the only city taking up this action. All
the others are saying their city is choosing not to get involved due to their nonpartisan charter. A
councilmember's role is determining what is best for Edmonds. Those who think choice is important, as a
lot of people do, would say this is something they have to do. She has looked at this issue very
exhaustively this week and last and feels strongly that these rights are secure in Washington State and that
a further statement in Edmonds is not needed because the situation will be the same regardless of whether
a statement is made or not.
Councilmember Paine said she was not in favor of doing nothing. As one of the authors of the resolution,
she pointed out with the ruling of the Supreme Court, everything has changed. Decades of case law
regarding privacy and access to medical care have been lost with this ruling. The decision has been
delegated to the states and she hoped the council would stand up and send the resolution to state
representatives and the Governor to add reproductive care to the state constitution. The council has heard
stories tonight and via email, lived experiences that should not be ignored or treated lightly. She believes
in choice and as a parent she chose to have her daughters, but that is not everyone's path. This is a good
vote for the city council to take, to stand up for the people who lost their rights a week and a half ago
when the country went backwards. She will not support the motion to do nothing.
Councilmember L. Johnson said she was also not in favor of doing nothing. She did not accept the
argument that the council should not speak out because this is a divisive issue. It should not be divisive to
protect freedom, equality, human health and human rights. To those who say this a partisan issue, she
asked if they were saying one party did not support religious freedom, equality and human rights. She
respects the rights of others to their personal religious beliefs as it pertains to their individual choice. This
resolution is about supporting, protecting, codifying individual choice and human rights. She was not here
to protect people's feelings or desires to control the rights and choices of others. She was here to protect
the right to choice, bodily autonomy and freedom which comes in many forms. This is unprecedented,
many have had their rights threatened and stripped away and for that reason she cannot do nothing.
Councilmember Buckshnis thanked Council President Olson for putting together the agenda packet so
everyone can review it. As the longest serving councilmember, she recognized this was an extremely
emotional topic and tonight's public comments on both sides of the issue may have been the longest. It is
an emotional issue, church versus state. She is a very religious person and carries a rosary in her purse.
The council has looked at state issues before and provided opinions, approximately 8-10 times in the past
12 years. From a partisan standpoint, this issue is very divisive and the country is extremely divided. She
was still processing whether the council should say something and further the division. She used to teach
self-defense for the Portland Police and often heard women talk about incest, abuse, rape, date rape, etc.
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The onus is on women and nothing happens to the man even though it takes two. She hears both sides and
recognizes it is a difficult issue to process. She thanked everyone who has contacted her, acknowledging
some people are very angry. She anticipated the council would be thoughtful in their decision.
Councilmember Chen thanked the community for speaking up and writing to the council to let them know
where they stand. This is a very important issue and people are very passionate about it. This was a
national issue and has become a local issue as abortion rights and choice are now up to the state. He said
choice regarding abortion is the freedom to choose, it is not a forced abortion. He was born and raised in
China in the 70s and his relatives went through forced abortion due to the one child policy. In Washington
there is choice, women have the freedom to choose. The founding fathers founded this country based on
the concept of religious freedom. Forced abortion is wrong, the freedom to choose is a way of life that we
pursue and treasure. He immigrated as a first generation to the U.S. with the idea of pursuing freedom.
For that reason, the council needs to send a message to the state lawmakers that they want freedom.
Councilmember K. Johnson expressed support for the motion to take no action. The Supreme Court is the
determinant of the constitution; they made a ruling and defer it to the states for further action. That upset a
lot of people as illustrated by many who spoke tonight, but others said this is not the role for local
government, it is up to the state to decide. No other cities in south Snohomish County are considering this
action. This is a very divisive issue and it is up to a person's personal belief to take action and they have
avenues to contact their state legislators and the governor. This is not an appropriate role for the City of
Edmonds and as a representative government, she was unsure how councilmembers could promote their
own agendas without taking into account there are over 40,000 people in the City and not all are fully
represented by this decision. This is a divisive issue and not everyone agrees so councilmembers cannot
take a position.
UPON ROLL CALL, MOTION FAILED (2-3-1), COUNCILMEMBER K. JOHNSON AND
COUNCIL PRESIDENT OLSON VOTING YES, COUNCILMEMBERS CHEN, PAINE AND L.
JOHNSON VOTING NO, AND COUNCILMEMBER BUCKSHNIS ABSTAINING.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
ACCEPT A RESOLUTION OF THE EDMONDS CITY COUNCIL IN SUPPORT OF ACCESS TO
A FULL RANGE OF REPRODUCTIVE RIGHTS INCLUDING ABORTION SERVICES AND
URGING FEDERAL AND STATE ELECTED OFFICIALS TO CODIFY THESE RIGHTS.
Councilmember L. Johnson clarified the motion was to approve the resolution that was handed out. This
updated resolution is a combination of two resolutions in the packet. She appreciated the improvements
that came with the opportunity to update the resolution, specifically adding more information about
Washington State and what Washington has done to -date. She and Councilmember Paine undertook this
resolution and wording is borrowed from five cities, Minneapolis, San Diego, Morro Bay, Pasadena as
well as the State of Washington Governor's office. Many of the statistics and additional wording come
from the American Psychological Association, the ACLU and the Rabbinical Assembly. Instead of
reinventing the wheel, they did their research and used language from other places along with the original
language that they and other councilmembers provided. She was proud of the resolution. The reason for
the resolution is the U.S. is a country founded on the principle of separation of church and state.
Councilmember L. Johnson continued, last week 168 million people who may become pregnant had the
fundamental right to reproductive freedom and privacy stripped away; a floodgate was opened allowing
individual bodily autonomy and reproductive choice to be dictated by others' religious beliefs. If a
constitutional right that was long established by law can be stripped away, what's next, the right to use
contraception, marriage equality, protection from criminalizing the private conduct of LGBTQ persons?.
In 2007, the council unanimously resolved that it is their utmost responsibility to uphold the rights and
freedoms of the families and individuals they represent and that they believe as elected representatives of
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the people of Edmonds, they have a special responsibility to speak out against discrimination against any
residents and chose to be a leader in protecting human rights, equity, public safety and social wellbeing.
Councilmember L. Johnson continued, after Friday's decision, many in the community were terrified
about their and their family members, friends and neighbors' safety and wellbeing. Now more than ever
as stated in the Safe City Resolution, the council, as elected representatives of the people of Edmonds,
have a special responsibility to speak out against discrimination against any residents and choose to be
leaders by protecting human rights, equity, public safety and social wellbeing. The council owes it to
those who are terrified about the loss of human rights to use their voice to call upon the state and federal
government to codify these rights into the Washington State and United States Constitutions so that going
forward the right to bodily autonomy and reproductive freedom is protected at the highest level and not
threatened in the future. In this resolution, the council stands by those commitments and uses its
collective voice to advocate for the restoration and preservation of reproductive freedom and choice.
Councilmember Paine spoke in favor of the resolution, a resolution that directly impacts the most intimate
decision a family makes, conversations that happen at the kitchen tables, on the phone, everywhere,
conversations that need to be held with medical providers and others that a person trusts. These are not
discussions for legislators who tell people they no longer have a choice. The Supreme Court's ruling has
undone the ability for people to seek clinical care because Casey v. Planned Parenthood was taken away.
Roe v. Wade, access to safe, legal abortion care was taken away overnight. Not having the ability to get
good counsel will put everyone at risk. There have been discussions about a national law outlawing
abortion as soon as the next election. The Supreme Court has been packed with people who do not believe
in choice. Having the state and federal constitutions recognize reproductive rights and freedom is
absolutely essential so people continue to have access to clinical care for reproductive services and it is
nobody else's business.
Councilmember Paine continued, what is proposed is not outrageous or out of line with what existed two
weeks ago. The council has heard from a lot of people tonight and have received an equal amount or more
emails on this topic. It has been overwhelmingly representative of the state's positions of 80/20 or
sometimes 90/10 in favor of preserving women's right to access to care. She requested the council
support the resolution. She noted domestic violence is an issue, abuse in the family dynamic is part of
what needs to be discussed. Someone with a coercive, violent partner does not have a choice. She wanted
to preserve these rights for individuals and families in the future.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT OLSON,
TO AMEND TO REMOVE SECTION 4 WHICH ENGAGES THE EDMONDS POLICE
DEPARTMENT IN PURSUIT OF INVESTIGATIONS RELATING TO PEOPLE SEEKING OR
PROVIDING ABORTION, FINDING THAT OVERREACH.
Councilmember Buckshnis commented this is a very difficult topic, she was old enough to know what
happens; at 13 she was a hotel maid and saw what happens when someone tries to self -abort and it wasn't
pretty. She has prayed a lot on this, and it is important to understand the implications of what happened
and why it is important for the council to make a statement at the city level to state legislators. She
summarized Section 4 was too overreaching.
Councilmember L. Johnson said this section is important; the State of Washington has already set the
groundwork for this by issuing something similar to the Washington State Patrol (WSP). Edmonds has its
own police department and it is appropriate to make such a statement regarding the City of Edmonds
police department and not committing services in pursuit of any investigations related to people who are
seeking or providing abortion care or reproductive health care services and it is not a public safety priority
for the Edmonds community.
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Councilmember Paine pointed out Governor Inslee issued a directive to the WSP, but each community
has their own police department and she did not believe this was not overreach or inappropriate to make a
policy that this was the lowest priority in the police department. She encouraged councilmembers to
support the declaration that pursuit of people coming to the community seeking reproductive health care
services, abortion services or those investigations because that is not a public safety issue for Edmonds.
Council President Olson said that was a section she wanted to rewrite as it appeared to order or direct the
police department which is more of an administration issue. The section she included in one of her
versions of the resolution stated the Edmonds City Council and Edmonds Police Department recognize
and agree to the restrictions in RCW 9.02.100 prohibiting local law enforcement from penalizing,
prosecuting or taking any adverse action against patients exercising their reproductive rights. Instead of
the council ordering the police department, it would state the council and Edmonds Police Department
support what is already state law. She liked the tone of that language better and suggested voting no on
this amendment with a subsequent motion to add the alternative language.
Councilmember Chen referred to section 4, commenting it was important to state the police department
will not engage in criminalizing anyone seeking abortion services, but he wanted to ensure the language
was clear about those seeking abortion services versus other crimes. He feared people would use this
clause as a shelter for other wrongdoing. City Attorney Jeff Taraday said one option would be to
reference state laws that protect those rights in RCW 9.02, but simply referencing that chapter does not
say much. He was unsure if the drafters of section 4 intended for it to go above and beyond what the state
is protecting in RCW 9.02. The council does not need to tell the police to protect a right that state law
already protects; RCW 9.02.100 states, "The state may not deny or interfere with a pregnant individual's
right to choose to have an abortion prior to viability of the fetus or to protect the pregnant individual's life
or health." The only possible ambiguity he saw was state law protects up to viability and also to protect
the pregnant individual's life or health; the language in section 4 is not limited in that way, but could
easily be amended to apply that limitation. He was unsure that would achieve the drafters' intent.
Councilmember L. Johnson appreciated Council President Olson bringing up the Governor's directive 22-
12, a directive to the WSP. She supported applying the wording in that directive to the City of Edmonds
Police Department.
Councilmember Paine also supported the inclusion of the Governor's directive and the language in RCW
9.02 which was recently revised by the legislature to make abortion care access a lot broader.
Council President Olson asked if the Governor's directive applied to local law enforcement. Mr. Taraday
answered it does not. One of the paragraphs in the June 30th press release from the Governor's office
states, "though the governor does not have jurisdiction over local law enforcement agencies, state law
prohibits anyone including all state and local enforcement from penalizing, prosecuting or taking any
adverse action against patients exercising their reproductive rights." The Governor's press release
expressly states it does not have jurisdiction over local law enforcement agencies.
Council President Olson pointed out the press release also states that state law prohibits penalizing,
prosecuting or taking any adverse action against patients exercising their reproductive rights. She did not
understand how both could be true. Mr. Taraday said the question it raises is if state law already prohibits
anyone including all state and local enforcement from penalizing, prosecuting or taking any adverse
action against patients exercising their reproductive rights, the purpose of the Governor's directive is not
clear. The directive describes what it does but he was unsure whether it was a real world impact or a
symbolic thing. For example, the press release states, "The order directs the WSP to decline cooperation
with most subpoenas, search warrants or court orders from states with laws that ban or significantly
restrict abortion access. WSP must review and process such requests in conjunction with the Office of the
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Attorney General and Governor's general counsel." Mr. Taraday suggested if the council wanted to do
something similar to the Governor's order, they more closely copy the language used in the Governor's
order in the way that it references search warrants or court orders from states with laws that ban or
significantly restrict abortion access as that is the meat of the Governor's order. That may be what was
intended by section 4, but section 4 does not exactly say that and he did not want to presume the authors'
intent.
As one of authors of section 4, Councilmember L. Johnson said what the Governor wrote does a much
better job of encapsulating the intent.
Councilmember K. Johnson raised a point of order, advising Councilmember L. Johnson had already
spoken twice on this subject. Councilmember L. Johnson agreed she had spoken twice and was simply
clarifying the intent of the authors.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT OLSON,
TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY.
City Clerk Scott Passey restated the motion
TO STRIKE SECTION 4.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
AMEND THE MOTION TO TAKE THE VERBIAGE IN THE GOVERNOR'S DIRECTIVE 22-12
THAT APPLIES TO THE WASHINGTON STATE PATROL AND ADOPT IT TO APPLY TO
THE CITY OF EDMONDS POLICE DEPARTMENT WHICH INCLUDES THE RCW THAT
WAS CITED WITHIN THE DIRECTIVE.
UPON ROLL CALL, AMENDMENT CARRIED (5-1), COUNCILMEMBERS CHEN,
BUCKSHNIS, PAINE, L. JOHNSON AND COUNCIL PRESIDENT OLSON VOTING YES;
COUNCILMEMBER K. JOHNSON VOTING NO.
Because the last amendment the council voted on was not a full insertion of language, Mr. Taraday asked
if the intent was for the resolution to come back on consent next week so he could draft language that was
in the spirit of the motion for the council's review prior to a final vote. If not, more work would be
necessary to ensure he got the language right.
Council President Olson pointed out next week is committee night and asked if it would be possible to
work on the wording now. Mr. Taraday said he was trying to capture the spirit of the discussion as well as
be mindful that the council was a legislative body speaking to a police department; in the Governor's
situation, it is the executive branch speaking to its own law enforcement agency. For that reason he
suggested the following, "With the passage of this resolution, the Edmonds City Council requests the City
of Edmonds Police Department to decline cooperation with most subpoenas, search warrants or court
orders from states with laws that ban or significantly restrict abortion access."
Councilmember L. Johnson said the Governor's directive states, refrain from providing any cooperation
or assistance whatsoever to any out of state law enforcement agency, public entity or private party if the
matter concerns abortion -related conduct or other reproductive health and establish a process in
conjunction. Mr. Taraday observed she was looking at the actual directive, he was looking at the press
release which is a shorthand version of the directive. Councilmember L. Johnson said the actual directive
does a thorough job of encapsulating the intent of the original section 4. Her motion was to take the
language from the directive and adopt it for the City of Edmonds. Mr. Taraday asked if it would work to
reference directive 22-12 and add that the council requests the Edmonds Police Department follow the
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directions provided in the Directive of the Governor 22-12. Councilmember L. Johnson said that would
be acceptable to her, but was unsure about the rest of the council.
Council President Olson agreed that would be simpler and better.
Councilmember Buckshnis raised a point of order, asking about parliamentary procedure since the council
already voted. Mr. Taraday suggested another motion to amend to tighten up the spirit of what was
previously voted on by expressly referencing 22-12 which may be more consistent with Councilmember
L. Johnson's motion.
Councilmember L. Johnson clarified she referenced the directive, not the press release and the council
voted on the directive, not the press release. Her motion was to have the directive worded to apply to the
City of Edmonds Police Department. Mr. Taraday asked if her request was for the mayor to issue a
directive to the police department. If he directly translated the directive, that's what it would be.
Councilmember L. Johnson appreciated that Mr. Taraday was asking for clarity; that would be acceptable
to her, but the council would need to vote on it.
As Councilmember L. Johnson began to make a motion, Councilmember Buckshnis raised a point of
order, commenting this would be a reconsideration as the content of what the council voted on was being
changed. Mr. Taraday agreed it could be characterized as a reconsideration if someone on the prevailing
side wanted to do that. At the end of the day, he was not sure what the council just voted on, which was
why he brought this up.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, FOR
RECONSIDERATION REGARDING SECTION 4 OF THIS RESOLUTION. WITH THE
PASSAGE OF THIS RESOLUTION, THE EDMONDS CITY COUNCIL REQUESTS THE
EDMONDS POLICE DEPARTMENT REFRAIN FROM PROVIDING ANY COOPERATION OR
ASSISTANCE WHATSOEVER TO ANY OUT OF STATE LAW ENFORCEMENT AGENCY,
PUBLIC ENTITY OR PRIVATE PARTY IF THE MATTER CONCERNS ABORTION RELATED
CONDUCT OR OTHER REPRODUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL
IN WASHINGTON, INCLUDING BUT NOT LIMITED TO, DECLINING TO COOPERATE
WITH AN OUT OF STATE SUBPOENA, SEARCH WARRANT OR COURT ORDER THAT HAS
NOT BEEN DOMESTICATED IN THE STATE OF WASHINGTON.
Councilmember Buckshnis raised a point of order, suggesting the council vote on the reconsideration
before the amendment. Mr. Taraday agreed.
Councilmember Paine restated the motion:
TO RECONSIDER THE MOTION.
MOTION TO RECONSIDER CARRIED UNANIMOUSLY.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
WITH PASSAGE OF THIS RESOLUTION, THE EDMONDS CITY COUNCIL REQUESTS THE
EDMONDS POLICE DEPARTMENT REFRAIN FROM PROVIDING ANY COOPERATION OR
ASSISTANCE WHATSOEVER TO ANY OUT-OF-STATE LAW ENFORCEMENT AGENCY,
PUBLIC ENTITY OR PRIVATE PARTY IF THE MATTER CONCERNS ABORTION -RELATED
CONDUCT OR OTHER REPRODUCTIVE HEALTH CARE OR SERVICES THAT ARE
LAWFUL IN WASHINGTON, INCLUDING BUT NOT LIMITED TO DECLINING TO
COOPERATE WITH AN OUT-OF-STATE SUBPOENA, SEARCH WARRANT, OR COURT
ORDER THAT HAS NOT BEEN DOMESTICATED IN WASHINGTON.
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Councilmember Buckshnis said she was not sure where this language came from. She had not read it in
any of the materials and therefore would not support it.
Council President Olson recalled a comment by the city attorney to have the mayor direct staff rather than
the council asking the police department. Mr. Taraday said the motion contains the word "request" versus
"direct," a key distinction. The council should not direct employees to do anything. Council President
Olson said an earlier version referred to a City of Edmonds policy which may be more appropriate and
stronger. She asked if the maker of motion would make that change, to reference City of Edmonds policy.
Councilmember K. Johnson said she was also concerned with the language. She wondered if it would be
preferable to direct the mayor to ask the police department because the council can tell the mayor what to
do but cannot tell his staff what to do. As the executive, the mayor takes direction from the city council.
Mr. Taraday clarified the council adopts policy; where that policy is in the form of a law, the mayor is
tasked with enforcing the laws of the City. An independently elected mayor does not have the same
relationship to the council as a city manager who reports to the city council.
Councilmember K. Johnson asked if the council could make it the policy of City to fit within that chain of
command. Mr. Taraday said that was similar to the motion that Council President Olson was
contemplating by including the word "policy" in the motion. Councilmember K. Johnson asked if Mr.
Taraday could craft that language. Mr. Taraday said one option would be, "With the passage of this
resolution, it shall be the policy of the City of Edmonds to refrain from providing any cooperation or
assistance whatsoever to any out-of-state law enforcement agency, public entity or private party if the
matter concerns abortion -related conduct or other reproductive health care or services that are lawful in
Washington including but not limited to declining to cooperate without any out-of-state subpoena, search
warrant or court order that has not been domesticated in Washington."
Councilmember K. Johnson offered that language to keep the mayor, council and staff in its proper order.
COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
EXTEND TO 10:30. MOTION CARRIED (5-1) COUNCILMEMBER K. JOHNSON VOTING NO.
Mr. Taraday restated the pending amendment:
AMEND SECTION 4 TO READ AS FOLLOWS: "WITH THE PASSAGE OF THIS
RESOLUTION, IT SHALL BE THE POLICY OF THE CITY OF EDMONDS TO REFRAIN
FROM PROVIDING ANY COOPERATION OR ASSISTANCE WHATSOEVER TO ANY OUT-
OF-STATE LAW ENFORCEMENT AGENCY, PUBLIC ENTITY OR PRIVATE PARTY IF THE
MATTER CONCERNS ABORTION -RELATED CONDUCT OR OTHER REPRODUCTIVE
HEALTH CARE OR SERVICES THAT ARE LAWFUL IN WASHINGTON INCLUDING BUT
NOT LIMITED TO DECLINING TO COOPERATE WITHOUT ANY OUT-OF-STATE
SUBPOENA, SEARCH WARRANT OR COURT ORDER THAT HAS NOT BEEN
DOMESTICATED IN WASHINGTON..
AMENDMENT CARRIED UNANIMOUSLY.
UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (6-0), COUNCILMEMBERS K.
JOHNSON, CHEN, BUCKSHNIS, PAINE AND L. JOHNSON AND COUNCIL PRESIDENT
OLSON VOTING YES.
3. ORDINANCE REPEALING OR AMENDING CERTAIN CHAPTERS OF ECC TITLE 4
LICENSES AND ADDING A NEW CHAPTER RELATED TO SPECIAL EVENT
PERMITS (Previously Consent Agenda Item 8.7)
Edmonds City Council Approved Minutes
July 5, 2022
Page 23
Packet Pg. 146
City Clerk Scott Passey said he asked Council President Olson to pull this from consent as he received
late breaking information from the development services department about retaining chapter 4.80 related
to aircraft landing permits.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON,
FOR ADOPTION OF THE PROPOSED ORDINANCE AND STRIKING THE REPEAL OF
CHAPTER 4.80.
Councilmember K. Johnson asked if this was related to handheld aviation devices. Mr. Passey said he was
not sure what it relates to; there was apparently reference in the code to chapter 4.80 in a few places and
staff felt to be safe, they wanted to keep it in the code for the time being and strike it later if necessary.
MOTION CARRIED UNANIMOUSLY.
Council President Olson referred to the citizen comment about unopened rights -of -way. She asked if that
was on the fee schedule. This has been on the agenda no fewer than six times and that wasn't something
that came up. She acknowledged the citizens comment, it will be looked at and brought back for
amendment if necessary.
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO
ADOPT ORDINANCE NO. 4269, AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROVIDING FOR THE REPEAL OF OR AMENDMENT TO CERTAIN
CHAPTERS OF TITLE 4 ECC LICENSES AND THE AND ADOPTION OF A NEW CHAPTER
TO TITLE 4 ECC RELATING TO SPECIAL PERMITS, PROVIDING FOR SEVERABILITY
AND SETTING AN EFFECTIVE DATE, AS AMENDED. MOTION CARRIED UNANIMOUSLY.
4. CITY OF LYNNWOOD/MEADOWDALE PARK ILA 2022 EXPENDITURE REQUEST
Council President Olson relayed Councilmember K. Johnson's interest in this going back to committee
Parks, Recreation, Cultural Arts & Human Services Director Angie Feser advised this was pretty
complicated and it may be best to take it back to committee. She recommended it be considered in
conjunction with the anticipated renewal of the 2025 deadline on the entire ILA.
OPEN PUBLIC MEETINGS ACT (OPMA) TRAINING (PART 2)
Due to the late hour, this item was postponed to a future meeting.
10. MAYOR'S COMMENTS
Mayor Nelson thanked everyone who came to the 41 of July parade, the Edmonds Chamber of Commerce
for putting it together, and City staff for their support. It was great to see the new police bike patrol and
well as South County Fire's bike patrol. He thanked those who refrained from lighting off fireworks,
acknowledging some were disappointed the City did not have official, authorized fireworks this year. He
was confident fireworks would return to the redone Civic Park next year.
11. COUNCIL COMMENTS
Councilmember Chen expressed appreciation for everyone's input in the process. As we celebrate the
birth of the nation, remember we are all here because of one idea, treasuring freedom. The 4t1' of July is a
big celebration to carry on that spirit.
Edmonds City Council Approved Minutes
July 5, 2022
Page 24
Packet Pg. 147
Councilmember Buckshnis commented everyone had a good time at the 4t1i of July parade. She was
shocked and saddened to hear what happened in Highland Park, an area she used to visit, commenting it
was unfortunate people will shoot up a 4t1i of July parade. She appreciated everyone who contacted her
about Roe v. Wade, noting it is a very complicated issue due to financial implications and abortions
related to domestic violence, incest, domination, etc.
Council President Olson recognized the different times that various members of our society have gain
their freedom. She looked forward to a day when the 4' of July can be celebrated as freedom for everyone
and appreciating everyone's freedoms. There was a fair amount of fireworks in spite of the ban and she
hoped in the future the community would embrace the ban as fireworks are very dangerous and a fire
hazard. She thanked Ms. Feser for being professionally dressed and ready to go for her agenda item.
Councilmember Paine thanked everyone involved in the great 4t1i of July celebration. It was a wonderful
time, and it was great to have the parade back and people downtown. It sounded a bit like a war zone on
the 41 of July; she preferred a more silent 4' of July celebration instead of the booms and bangs,
particularly after the semi -automatic gunfire that Highland Park experienced during their parade. There
has to be something better for people to do and there needs to be a better way to treat people before they
do that.
Councilmember L. Johnson thanked everyone who came out tonight and/or emailed the council to share
their concerns, fears and personal stories. It is not an easy topic for anyone and she appreciated those who
were willing to be vulnerable, share and advocate for what they believe is right. She shared her feelings of
deep sadness for the six people who were shot and killed in Highland Park at a parade celebrating the idea
of freedom from oppressive rule. It is an idea because not everyone is free. That speaks volumes about the
state of the nation and the work left to do when people can be shot and killed while celebrating freedom.
12. ADJOURN
With no further business, the council meeting was adjourned at 10:29 p.m.
Edmonds City Council Approved Minutes
July 5, 2022
Page 25
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2.5
City Council Agenda Item
Meeting Date: 10/10/2023
Longbay Enterprises Contract Amendment No. 6
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Background/History
The Parks, Recreation & Human Services department has the real estate consultant services of Longbay
Enterprises since January 2021 to provide professional services and support of parkland acquisition
efforts. These services include searching for available properties; negotiating with property owners;
performing due diligence; ordering and reviewing appraisals, appraisal reviews and ALTA surveys;
drafting and reviewing legal documents and contracts and providing general consulting services related
to public property acquisition.
The current professional services agreement amount of $150,000 is in need of amendment to to
$200,000 to continue on -call services in preparation for upcoming acquisition activities. The original
contract and all subsequent amendments were developed and approved to form by the City Attorney.
The initial Professional Services Agreement was secured through the City's purchasing policy of sole
source procurement which has the same approval amounts as other city contracts. Expenditures are
funded by the land acquisition budget which was approved by Council during the annual budget process.
The amendment is Attachment #1 and for reference, the full executed agreement is Attachment #2.
Staff Recommendation
Staff recommends the Parks & Public Works Committee forward this agenda item to Consent Agenda for
the next regular Council meeting for approval of the City of Edmonds and Longbay Enterprises
Professional Services Agreement Amendment No. 6 to increase the contract amount to $200,000.
Attachments:
Amendment No. 6 to Long Bay Enterprises PSA 10.4.2023
2023 Amendment No. 5 to Long Bay Enterprises PSA 3.9.2023_fully executed
Packet Pg. 149
2.5.a
OF k VAS
T
oCityof Edmonds MIKE NELSON
MAYOR
700 MAIN STREET • EDMONDS, WA 98020 •425-771-0230
PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT
ANC. I s4,'
AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
For Real Estate Support Services
Dated January 25, 2021
WHEREAS, the City of Edmonds, Washington (the "City") and Long Bay
Enterprises, Inc. (the "Consultant"), entered into an underlying professional services
agreement for the provision of real estate support services, dated January 25, 2021
("Underlying Agreement"), executed an Amendment No. 1 to that Agreement on July 30,
2021 ("Amendment No. I"), Amendment No. 2 on January 3, 2022 ("Amendment No. 2"),
Amendment No. 3 on March 31, 2022 ("Amendment No. 3"), Amendment No. 4 on
December 8, 2022 ("Amendment No. 4"), and Amendment No. 5 on March 21, 2023
("Amendment No. 5"); and
WHEREAS, Section 12 of the Underlying Agreement authorizes revisions to its
terms only upon a written amendment approved by both parties; and
WHEREAS, the parties desire to further amend the Underlying Agreement to
increase the budget to cover the consultation work;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed
by and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of January 25, 2021, as
amended by Amendment Nos. 1, 2, 3, 4 and 5, between the City and the Consultant for real
estate support services, all of which are attached hereto as Attachment A and incorporated
herein by this reference as if fully set forth, is further amended in, but only in, the following
respect:
1.1 Section 2 ("Payments") — Subsection A of Section 2 is hereby
amended to read as follows:
A. Payment for work accomplished under the terms of this Agreement
shall be on a time and expense basis as set forth in Exhibit A;
provided, in no event shall the payment for work performed pursuant
to this Agreement exceed the sum of TWO HUNDRED
THOUSAND DOLLARS ($200,000.00).
Packet Pg. 150
Amendment No. 6 to Professional Services Agreement, Page 2
2. In all other respects, the Underlying Agreement, as amended by Amendment Nos.
1, 2, 3, 4 and 5, shall remain in full force and effect, further amended as set forth herein, but only
as set forth herein.
DATED this day of October 2023.
CITY OF EDMONDS LONG BAY ENTERPRISES, INC.
Michael Nelson, Mayor Cynthia M. Berne, Principal/Broker
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Packet Pg. 151
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
City of Edmonds MIKE NELSON
v J MAYOR
700 MAIN STREET • EDMONDS, WA 98020 • 425-771-0230
PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT
AMENDMENT NO. 5 TO
PROFESSIONAL SERVICES AGREEMENT
For Real Estate Support Services
Dated January 25, 2021
WHEREAS, the City of Edmonds, Washington (the "City") and Long Bay
Enterprises, Inc. (the "Consultant"), entered into an underlying professional services
agreement for the provision of real estate support services, dated January 25, 2021
("Underlying Agreement"), executed an Amendment No. 1 to that Agreement on July 30,
2021 ("Amendment No.1 "), Amendment No. 2 on January 3, 2022 ("Amendment No. 2"),
Amendment No. 3 on March 31, 2022 ("Amendment No. 3"), and Amendment No. 4 on
December 8, 2022; and
WHEREAS, Section 12 of the Underlying Agreement authorizes revisions to its
terms only upon a written amendment approved by both parties; and
WHEREAS, the parties desire to further amend the Underlying Agreement to
further increase the budget to cover the consultation work;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed
by and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of January 25, 2021, as
amended by Amendment Nos. 1, 2, 3, and 4 between the City and the Consultant for real
estate support services, all of which are attached hereto as Attachment A and incorporated
herein by this reference as if fully set forth, is further amended in, but only in, the following
respect:
(a) Section 2 ("Payments") — Subsection A of Section 2 is hereby
amended to read as follows:
A. Payment for work accomplished under the terms of
this Agreement shall be on a time and expense basis
as set forth in Exhibit A; provided, in no event shall
the payment for work performed pursuant to this
Agreement exceed the sum of ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000.00).
Packet Pg. 152
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
Amendment No. 5 to Professional Services Agreement, Page 2
2.5.b
(b) Exhibit A ("Scope of Work") — The "Compensation" section
included in Exhibit A to the Underlying Agreement, as amended by
Amendment No. 3, is hereby amended to read as follows:
Compensation. Costs for services in connection with individual acquisitions
shall be tracked separately but kept confidential until the acquisition is
complete or is public knowledge. Billing shall be on a time and materials
basis. Hourly rates for the Consultant's staff are as follows:
Principal/Lead $205.00
Sr. Real Estate Analyst $190.00
Admin/Coordinator $70.00
This is an all-inclusive billable rate excluding mileage expenses that will be
billed at the time of billing, the Federal allowed rate.
2. In all other respects, the Underlying Agreement, as amended by Amendment Nos.
1, 2, 3, and 4, shall remain in full force and effect, further amended as set forth herein, but only
as set forth herein.
DATED this 22 day of March 2023.
CITY OF EDMONDS
DocuSigned by:
k(,Sbla,
Michael Nelson, Mayor
ATTEST/AUTHENTICATED:
DocuSiigg.�enneed by:
c�� /_�
34,1111
Scott Passey, City Clerk
APPROVED AS TO FORM:
FDrrocuSigned by:
uaV'bin, r�t,S
Office of the City Attorney
LONG BAY ENTERPRISES, INC.
DocuSigned by:
a
Cynthia M. Berne, Principal/Broker
;
Packet Pg. 153
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
Oi [VAto41, MIKE NELSON
City of Edmonds MAYOR
700 MAIN STREET • EDMONDS, WA 98020 • 425-771-0230
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
AMENDMENT NO.4 TO
PROFESSIONAL SERVICES AGREEMENT
For Real Estate Support Services
Dated January 25, 2021
WHEREAS, the City of Edmonds, Washington (the "City") and Long Bay Enterprises,
Inc. (the "Consultant"), entered into an underlying professional services agreement for the
provision of real estate support services, dated January 25, 2021 ("Underlying Agreement"),
executed an Amendment No. 1 to that Agreement on July 30, 2021 ("Amendment No. I"); an
Amendment No. 2 on January 3, 2022 ("Amendment No. 2"); and an Amendment No. 3 on March
31, 2022; and
WHEREAS, Section 12 of the Underlying Agreement authorizes revisions to its terms
only upon a written amendment approved by both parties; and
WHEREAS, the parties desire to further amend the Underlying Agreement to extend the
term through 2023;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of January 25, 2021, as amended
by Amendment Nos. 1, 2, and 3, between the City and the Consultant for real estate support
services, all of which are attached hereto as Attachment A and incorporated herein by this
reference as if fully set forth, is further amended in, but only in, thefollowing respect:
(a) Section 4 ("Time of performance") — Section 4 shall be amended to read
as follows:
This Agreement will commence on the date set forth below, and will
expire on December 31, 2023. The Consultant shall perform the
work authorized by this Agreement promptly in accordance with the
receipt of the required governmental approvals.
2. In all other respects, the Underlying Agreement, as amended by Amendment Nos.
1, 2, and 3, shall remain in full force and effect, further amended as set forth herein, but only as
set forth herein.
[Remainder of page intentionally left blank — Signatures on following page.]
Packet Pg. 154
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
Amendment No. 4 to Professional Services Agreement, Page 2
2.5.b
9
DATED this day of
CITY OF EDMONDS
EDocuSigned by:
41f, kts6w
17A695FA7R574"19
Mike Nelson, Mayor
APPROVED AS TO FORM:
DocuSigned by:
Office of the City Attorney
December
2022.
LONG BA
is M. Berne, Principal/Broker
is
Packet Pg. 155
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
City of Edmonds
700 MAIN STREET • EDMONDS, WA 98020 • 425-771-0230
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MIKE NELSON
MAYOR
AMENDMENT NO.3 TO
PROFESSIONAL SERVICES AGREEMENT
For Real Estate Support Services
Dated January 25, 2021
WHEREAS, the City of Edmonds, Washington (the "City") and Long Bay Enterprises,
Inc. (the "Consultant"), entered into an underlying professional services agreement for the
provision of real estate support services, dated January 25, 2021 ("Underlying Agreement"),
executed an Amendment No. 1 to that Agreement on July 30, 2021 ("Amendment No. I") and an
Amendment No. 2 on January 3, 2022 ("Amendment No. 2); and
WHEREAS, Section 12 of the Underlying Agreement authorizes revisions to its terms
only upon a written amendment approved by both parties; and
WHEREAS, the parties desire to further amend the Underlying Agreement to update the
Consultant's hourly rates for 2022;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of January 25, 2021, as amended
by Amendment Nos. 1 and 2, between the City and the Consultant for real estate support services,
all of which are attached hereto as Attachment A and incorporated herein by this reference as if
fully set forth, is further amended in, but only in, thefollowing respect:
(a) Exhibit A ("Scope of Work") — The "Compensation" section included
in Exhibit A shall be amended to read as follows:
Compensation. Costs for services in connection with individual acquisitions shall
be tracked separately but kept confidential until the acquisition is complete or is
public knowledge. Billing shall be on a time and materials basis. Hourly rates for
the Consultant's staff are as follows:
Principal $200.00
Sr. RE Analyst $185.00
Administrative Support $ 68.00
This is an all-inclusive billable rate excluding mileage expenses that will be billed
at the time of billing, the Federal allowed rate.
Packet Pg. 156
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
Amendment No. 3 to Professional Services Agreement, Page 2
2.5.b
2. In all other respects, the Underlying Agreement, as amended by Amendment Nos.
1 and 2, shall remain in full force and effect, further amended as set forth herein, but only as set
forth herein.
DATED this 31 st day of March 2022.
CITY OF EDMONDS
Angie Feser, Parks, Recreation &
Cultural Services Director
APPROVED AS TO FORM:
Office of the City Attorney
ERPRIS S, It
C.
CyntHia M. Berne, Principal/Broker
Packet Pg. 157
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
A1. 1 ,ACHMENT A
2.5.b
CITY OF EDMONDS
121 5' AVENUE NORTH • EDMONDS. WA 98020 � 425-771-0220 - FAX 425-672-5750
Website www.edmondswa.gov
PROFESSIONAL SERVICES
AGREEMENT
MIKE NELSON
MAYOR
THIS AGREEMENT ("Agreement") is made and entered into between the City of
Edmonds, hereinafter referred to as the "City," and Long Bay Enterprises, Inc., hereinafter referred
to as the "Consultant."
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide real estate support services; and
WHEREAS, the Consultant has the necessary skills and experience, and desires to provide
such services to the City;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to accomplish the above mentioned objectives in accordance with the Scope of Work that is
marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on
a time and expense basis as set forth in Exhibit A; provided, in no event shall the payment for
work performed pursuant to this Agreement exceed the sum of FIFTEEN THOUSAND
DOLLARS ($15,000.00).
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process. No billing shall be considered for payment that
has not been submitted to the City three (3) days prior to the scheduled cut-off date. Such late
vouchers will be checked by the City and payment will be made in the next regular payment cycle.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
Packet Pg. 158
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
3. Ownership and use of documents. All research, tests, surveys, preliminary data,
reports, and any and all other work product prepared or gathered by the Consultant in preparation c
for the services rendered by the Consultant under this Agreement shall be and are the property of Z
the Consultant, provided, however, that:
A. All final reports, presentations, documentation and testimony prepared by
the Consultant shall become the property of the City upon their presentation to and acceptance by
the City and shall at that date become the property of the City.
B. The City shall have the right, upon reasonable requcst, to inspect, review
and copy any work product during normal office hours. Documents prepared under this
Agreement and in the possession of the Consultant may be subject to public records request and
release under Chapter 42.56 RCW.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of work done shall be prepared
at no additional cost.
4. Time of performance. 'Chis Agreement will commence on the date set forth
below, and will expire on December 31, 2022. The Consultant shall perform the work authorized
by this Agreement promptly in accordance with the receipt of the required governmental
approvals.
5. Indemnification / Hold harmless agreement. The Consultant shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts,
errors or omissions of the Consultant in the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the Consultant and the City, its officers, officials, employees, and
volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be
only to the extent of the Consultant's negligence.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The
Consultant specifically assumes potential liability for actions brought by the Consultant's own
employees against the City and, solely for the purpose of this indemnification and defense, the
Consultant specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated by the parries. The provisions of this section
shall survive the expiration or termination of this Agreement.
6. General and professional liability insurance. The Consultant shall obtain and
keep in force during the term of this Agreement, or as otherwise required, the following insurance
with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Packet Pg. 159
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
Insurance Coverage .,
�o
A. Worker's compensation and employer's liability insurance as required by the State.
B. Commercial general liability and property damage insurance in an aggregate amount not
less than two million dollars ($2,000,000) for bodily injury, including death and property
damage. The per occurrence amount shall be written with limits no less than one million
dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million
dollar ($1,000,000) combined single limit.
D. Professional liability insurance in the amount of one million dollars ($1,000,000).
Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by
the Consultant, the City will be named on all policies as an additional insured. The Consultant
shall furnish the City with verification of insurance and endorsements required by the Agreement.
The City reserves the right to require complete, certified copies of all required insurance policies
at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State
of Washington. The Consultant shall submit a verification of insurance as outlined above within
fourteen days of the execution of this Agreement to the City.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to
the City.
The Consultant's professional liability to the City shall be limited to the amount payable under this
Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified
elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties
be limited in any way.
7. Discrimination prohibited. The Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, national origin, age, sex,
sexual orientation, marital status, veteran status, liability for service in the armed forces of the
United States, disability, or the presence of any sensory, mental or physical handicap, or any other
protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. The Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement must
meet the approval of the City. During pendency of this Agreement, the Consultant shall not
perform work for any party with respect to any property located within the City of Edmonds or for
any project subject to the administrative or quasijudicial review of the City without written
notification to the City and the City's prior written consent.
Packet Pg. 160
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
10. Termination. This being an Agreement for professional services, either party may _
terminate this Agreement for any reason upon giving the other party written notice of such `O
termination no fewer than ten (10) days in advance of the effective date of said termination. Z
11. Integration. The Agreement between the parties shall consist of this document
and the Scope of Work and fee schedule attached hereto as Exhibit A. These writings constitute
the entire Agreement of the parties and shall not be amended except by a writing executed by both
parties. In the event of any conflict between this written Agreement and any provision of Exhibit
A, this Agreement shall control.
12. Changes/Additional Work. The City may engage the Consultant to perform
services in addition to those listed in this Agreement, and the Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be
liable for additional compensation until and unless any and all additional work and compensation
is approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Work, the City understands that a revision
to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph
shall be interpreted to obligate the Consultant to render services, or the City to pay for services
rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this
Agreement is approved in writing by both parties.
13. Standard of Care. The Consultant represents that the Consultant has the
necessary knowledge, skill and experience to perform services required by this Agreement. The
Consultant and any persons employed by the Consultant shall use their best efforts to perform the
work in a professional manner consistent with sound practices, in accordance with the schedules
herein and in accordance with the usual and customary professional care required for services of
the type described in the Scope of Work.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they
has/have not employed or retained any company or person, other than a bona fide employee
working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they
has/have not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award of making of this Agreement. For
breach or violation of this warranty, the City shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including regulations
for licensing, certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in the Agreement to assure quality of
services.
Packet Pg. 161
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
which may be due on account of this Agreement. A
18. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
Long Bay Enterprises, Inc.
114 Railroad Ave #211
Edmonds, WA 98020
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS 25 day of January 2021.
CITY OF EDMONDS LONG BAY ENTERPRISES, INC.
Angie Feser, Parks, Recreation & y hia M. Berne, rincipal/Broker
Cultural Services Director
APPROVED AS TO FORM:
Office of the City Attorney
Packet Pg. 162
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
EXHIBIT A _
Scope of Work t°
General Scope of Work
The work under this Agreement shall consist of performing services related to Real Estate
Support Services as herein defined and necessary to accomplish land acquisition by the City
of Edmonds. The Consultant shall furnish all services and labor necessary to accomplish
these tasks, and provide all materials, supplies, equipment, and incidentals, except as
designated elsewhere in the Agreement, necessary to prepare and deliver to the City the
documents and other deliverable item(s) requested by the City.
The Consultant shall maintain utmost confidentiality of the information associated with
these acquisitions in accordance with State Law. Several methods have been identified for
acquisition and in most cases the City may require the Consultant to perform all work on an
acquisition, or act as part of a team by performing only a portion of the project work. In
some cases, the City may ask the Consultant to act on behalf of the City.
Task assignments may include, but are not limited to, the following types of work:
1. Provide advisory services and realistic alternative options in the form of feasibility
studies that analyze the viability of a given objective and identify and explore
alternative scenarios to arrive at a recommended course of action as related to land
acquisition.
2. Prepare market studies, strategic planning studies, and purchase and sale offer
summaries to assist in the land planning process or the acquisition and/or disposition
of real estate assets.
3. Identify the highest and best use of surplus properties, formulate recommendations,
and assist the City in the decision -making and political process.
4. Facilitate the acquisition of land by identifying the best site alternative(s) and their
respective owner(s), conduct site analysis as to the viability of the intended use of
the property with consideration of land use policies and land use regulatory
requirements.
5. Negotiate on behalf of the City multifaceted and/or complex real estate agreements
including, but not limited to, purchase and sale agreements, franchise agreements,
complex lease agreements, cost -sharing agreements, development agreements, and
interlocal agreements and develop and analyze alternative deal points and strategies
that are beneficial for the City.
6. Obtaining Title Reports, Appraisals, and other information necessary in decision
making and negotiations towards purchase or acquisition in any form.
7. Manage projects with cost-effectiveness and clear, measurable goals while
communicating and coordinating with the City, it's stakeholders, community partners
and/or other governmental agencies.
8. Assist the City to educate the community through preparation of materials,
presentations and/or workshops.
9. Other related work as requested by the City.
Packet Pg. 163
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
Authorization of Work
Work requested by the City shall be issued in writing. The information may be brief but will
be sufficient to understand the work being authorized. It is anticipated that the acquisitions
will vary in scope, method, complexity and location. Some acquisitions will be quick while
others will be more open ended and extend over longer durations. The Consultant shall
make reasonable effort to acquire expeditiously real property by negotiation. While the
specific parcels themselves will remain confidential through acquisition, the consultant shall
track internally, the time and effort spent on each acquisition separately, to provide a
breakdown to the City if required, at any stage of the process or upon completion of the
acquisition.
Compensation
Costs for services in connection with individual acquisitions shall be tracked separately
but kept confidential until the acquisition is complete or is public knowledge. Billing
shall be on a time and materials basis. Hourly rates for the Consultant's staff are as
follows:
Principal/PM $ 190.00
Administrative Assistant $ 65.00
Packet Pg. 164
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
City of Edmonds
700 MAIN STREET • EDMONDS, WA 98020 • 425-771-0230
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MIKE NELSON
MAYOR
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
For Real Estate Support Services
Dated January 25, 2021
WHEREAS, the City of Edmonds, Washington (the "City") and Long Bay Enterprises,
Inc. (the "Consultant"), entered into an underlying professional services agreement for the
provision of real estate support services, dated January 25, 2021 ("Underlying Agreement"); and
WHEREAS, Section 12 of the Underlying Agreement authorizes revisions to its terms
only upon a written amendment approved by both parties; and
WHEREAS, the parties desire to amend the Underlying Agreement to increase the budget
to cover the consultation work;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of January 25, 2021 between the
City and the Consultant for real estate support services, attached hereto as Attachment A and
incorporated herein by this reference as if fully set forth, is amended in, but only in, thefollowing
respect:
(a) Section 2 ("Payments") — Subsection A of Section 2 shall be amended to
read as follows:
A. Payment for work accomplished under the terms of this
Agreement shall be on a time and expense basis as set forth
in Exhibit A; provided, in no event shall the payment for
work performed pursuant to this Agreement exceed the sum
of FORTY-FIVE THOUSAND DOLLARS ($45,000.00).
2. In all other respects, the Underlying Agreement shall remain in full force and effect,
amended as set forth herein, but only as set forth herein.
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;
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DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
Amendment No. I to Professional Services Agreement, Page 2
2.5.b
DATED this 30th day of July 2021.
CITY OF EDMONDS
Angie Feser, Parks, Recreation &
Cultural Services Director
APPROVED AS TO FORM:
Office of the City Attorney
LONG BAY ENTERPRISES, INC.
Cynthia M. Berne, Principal/Broker
Packet Pg. 166
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
City of Edmonds
700 MAIN STREET • EDMONDS, WA 98020 • 425-771-0230
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
INC. 16,40
MIKE NELSON
MAYOR
AMENDMENT NO.2 TO
PROFESSIONAL SERVICES AGREEMENT
For Real Estate Support Services
Dated January 25, 2021
WHEREAS, the City of Edmonds, Washington (the "City") and Long Bay Enterprises,
Inc. (the "Consultant"), entered into an underlying professional services agreement for the
provision of real estate support services, dated January 25, 2021 ("Underlying Agreement") and
executed an Amendment No. 1 to that Agreement on July 30, 2021 ("Amendment No. I"); and
WHEREAS, Section 12 of the Underlying Agreement authorizes revisions to its terms
only upon a written amendment approved by both parties; and
WHEREAS, the parties desire to further amend the Underlying Agreement to further
increase the budget to cover the consultation work;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties to the Underlying Agreement as follows:
1. The provisions of the Underlying Agreement of January 25, 2021, as amended
by Amendment No. 1, between theCity and the Consultant for real estate support services, both
of which are attached hereto as Attachment A and incorporated herein by this reference as if fully
set forth, is further amended in, but only in, thefollowing respect:
(a) Section 2 ("Payments") — Subsection A of Section 2 shall be amended to
read as follows:
A. Payment for work accomplished under the terms of this
Agreement shall be on a time and expense basis as set forth
in Exhibit A; provided, in no event shall the payment for
work performed pursuant to this Agreement exceed the sum
of NINETY THOUSAND DOLLARS ($90,000.00).
2. In all other respects, the Underlying Agreement, as amended by Amendment No.
1, shall remain in full force and effect, further amended as set forth herein, but only as set forth
herein.
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;
Packet Pg. 167
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
Amendment No. 2 to Professional Services Agreement, Page 2
2.5.b
DATED this
day of 1/3/2022
CITY OF EDMONDS
DocuSigned by:
F
Lt�t,
Michael Nelson, Mayor
ATTEST/AUTHENTICATED:
DocuSigned by:
D"
Scott Passey, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Office of the City Attorney
2022.
LONG BAY ENTERPRISES, INC.
DocuSigned by:
E .
Cynthia M. Berne, Principal/Broker
Packet Pg. 168
DocuSign Envelope ID: 33CA0267-B95C-4631-B1BC-556BF66DFCA2
2.5.b
Z
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No. c
(City Clerk Use Only) Z
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CONTRACT ROUTING FORM
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Angie Feser
Parks & Recreation
Name of Consultant/Contractor: I Long Bay Enterprises, Inc.
CONTRACT TITLE:
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Routed by: Carrie Haslam, P&R V
Date: 03/22/2023
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Amendment No. 5 to Professional Services Agreement dated 1/25/2021 L,
Type of Contract: (GR) Grants
Z Z (S) Purchase of Services
LU
l'- Bid/RFP Number:
Z
(1) Intergovernmental Agreement ❑ (L) Lease Agreement
(W) Public Works I ✓ I (0) Other
0 Effective Date: 03/22/2023
ciHas the original City contract boilerplate language been modified?
I.- If yes, specify which sections have been modified:
0 Description
0 of Services: Not to exceed amount amended to $150,000.
Total Amount of Contract: $ 150,000.00
Completion Date: 12/31/2023
OYes O No
N Budget # Amount: Budget #
J
w Budget # Amount: Budget #
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QBudget # Amount: Budget #
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Q Z Are there sufficient funds in the current budget to cover this contract? 0 Yes
Z Remarks:
Authorization Level: � Mayor
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❑ 1. Project Manager
Q ❑ 2. Risk Management/Budget
Z E 3. City Attorney
❑ 4. Consultant/Contractor
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❑ 6. City Council Approval
Date (if applicable)
Q 7. Mayor
❑ 8. City Clerk
WEEEMMMW
Amount: I 1 1 1 1 1 -
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Packet Pg. 169
2.6
City Council Agenda Item
Meeting Date: 10/10/2023
Presentation of Supplemental Agreement with WSP for Highway 99 Revitalization & Gateway Project
Staff Lead: Rob English
Department: Engineering
Preparer: Rob English
Background/History
On May 17, 2022 City Council approved the Local Agency Consultant Agreement with WSP for the Hwy
99 Revitalization & Gateway Project Stage 2.
On June 27, 2023, City Council approved a Supplemental Agreement with WSP for the Highway 99
Revitalization & Gateway Project.
Staff Recommendation
Forward item to consent agenda for approval at the October 17, 2023 City Council meeting.
Narrative
The City contracted with WSP in May 2022 to provide construction management and material testing
services for the Highway 99 Revitalization & Gateway Project Stage 2. The services were needed to
support City staff during the construction phase. The majority of construction work is now complete
and staff will be working with WSP over the next several months to finalize project documents and
close-out the project.
Local agencies must use WSDOT's Local Agency Consultant Agreement when there are federal or state
transportation grant funds. This Agreement includes a completion date. The proposed Supplemental
Agreement will extend the completion date to December 31, 2024 to provide ample time to complete
the close-out phase since the plant establishment work will continue into 2024. The Supplemental
Agreement is only necessary to extend the contract time and it is a no cost adjustment to the original
Agreement.
Attachments:
Attachment 1 - Supplemental Agreement
Packet Pg. 170
2.6.a
Washington State
wo Department of Transportation
Supplemental Agreement
Organization and Address
Number 2
WSP USA Inc
1001 4th Ave, Ste 3100
Seattle, WA 98154
Original Agreement Number
Phone: 206-431-2269
Project Number
Execution Date
Completion Date
HLP-CNWA(013)
12/31/2024
Project Title
New Maximum Amount Payable
Highway 99 Revitalization and Gateway Project (Stage 2)
$636,578
Description of Work
Extending the contract date. (No cost change)
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with WSP USA Inc
and executed on 5/24/2022 and identified as Agreement No
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change
11
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: New Contract Completion Date 12/31/2024
III
Section V, PAYMENT, shall be amended as follows:
No change
If you concur with this supplement and agree to the changes as stated above, please sign in the
Appropriate spaces below and return to this office for final action.
'ZJ
Consultant Signature Approving Authority Signature
DOT Form 140-063
Revised 09/2005 Packet Pg. 171
2.7
City Council Agenda Item
Meeting Date: 10/10/2023
Supplemental Agreement with SCJ for Highway 99 Stage 2
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On September 9, 2017, City Council approved Local Agency Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On December 13, 2018, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On December 17, 2019, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On July 21, 2020, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On October 19, 2021, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On April 19, 2022, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
On June 27, 2023, City Council approved a Supplemental Agreement with SCJ for the Hwy 99
Revitalization & Gateway Project.
Staff Recommendation
Forward item to consent agenda.
Narrative
As part of the Hwy 99 Revitalization & Gateway project - Stage 2, a landscaped raised median with mid -
block left turns was installed along Hwy 99 from 244th St. SW to 212th St. SW. In addition, gateway signs
were installed on both ends of the corridor and a HAWK signal was added just north of Highway 99 @
234th St. SW. SCJ has been working on Construction Support since the beginning of the construction
phase in 2022. This supplemental agreement extends their contract date from January 1, 2024 to
December 31, 2024 in order for SCJ to complete additional Construction Support tasks (records
drawings) and is a no cost adjustment to the current Agreement. The only remaining work for the
contractor is for plant establishment.
Packet Pg. 172
2.7
Attachments:
Attachment 1 - Agreement
Packet Pg. 173
2.7.a
A111111111111111►
Washington State
vW Department of Transportation
Supplemental Agreement
Number 7
Original Agreement Number
LA-9146
Organization and Address
Shea, Carr. & Jewell, Inc.
8730 Tallon Lane NE, Suite 200
Lacey, WA 98516
Phone: 360-352-1465
Project Number Execution Date Completion Date
HLP-CNWA(13) 9/13/2017 12/31/2024
Project Title New Maximum Amount Payable
Highway 99 Gateway/Revitalization Project No Change ($1,588,613 Maximum Amount Payable)
Description of Work
No change in scope of work. Extend the completion date to 12/31/2024.
The Local Agency of City of Edmonds
desires to supplement the agreement entered in to with Shea. Carr. & Jewell, Inc.
and executed on September 13, 2017 and identified as Agreement No. LA-9146 _
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
No change in scope.
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read: Completion date to extend to December 31, 2024.
III
Section V, PAYMENT, shall be amended as follows:
No change • Maximum Amount Payable S1,588,613.00
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: Lisa M. Reid, P4, PMP I Principal
Consu n�gqnature
DOT Form 140-063
Revised 09/2005
By:
Approving Authority Signature
bate
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