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2023-10-10 City Council PPW Packet2 J OF CUMG v ti� Agenda ar Edmonds City Council PARKS & PUBLIC WORKS - SPECIAL MEETING CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 OCTOBER 10, 2023, 4:30 PM COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY DIAL -UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED ON CITY COUNCIL COMMITTEE NIGHTS FROM 3:30- 9:30 PM AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. COMMITTEE MEMBERS: DAVE TETZEL (CHAIR), DIANE BUCKSHNIS, COUNCIL PRESIDENT (EX- OFFICIO MEMBER) CALL TO ORDER COMMITTEE BUSINESS 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 Packet Pg. 3 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 Packet Pg. 4 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. Packet Pg. 5 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. Packet Pg. 6 2.1.a Sample locations for artwork banners: w a� 0 L a T .N a� 0 L d _ Cu m T _ d _ E L a •L N 0 f� C O r Cu C L d _ U c� 2 O L a L d _ _ Cu m L O C �ry - W _ E U O a Packet Pg. 7 2.1.a a Packet Pg. 8 2.1.a Packet Pg. 9 ;& LZ 2.1.a a Packet Pg. 10 41 2.1.b I m• 2.1.c Packet Pg. 12 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 Packet Pg. 13 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. Packet Pg. 14 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: Packet Pg. 15 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: Packet Pg. 16 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 '` �I •L q END PAVE , O`' :: ',:.f, J=-�; , _ �,-► 1 P� VIEW PERRINVILLE O 7� �� � r '�� �. � ' ' �' �_ � ,,.� ) is v _ �„a � ',!^+�• � .• .�I _St > �_ ` �.'*�+ 4'L..rS�li1:�•�-Ie_ NY t�'-. .r a '..1� �,+ ,l +, •{� '�'J�. `^,.•� � ,y i �.:- �� I` � 'r-, l4 yr �. r-� ts..�" - Ay ,{ � .�- '•,O Cn 416. L I r• �. Ak I` fr ' f,I,7`- << w 7,�-` *_T j i�rt ,Ir''•r•'.\• �.� ! ` •'t�j'-yip'+ "+y _� r01110 7 y�� ' ,y� _ - :-���. eY� l "•' F► �►.. �.. �`O Ii f�.•��� � �- Wit- r '(A/� � •• , :r�,�" � � e ' j7 { _ ►_. -� ♦ +-Nib I _� � r' F 191st St SW` � � '_ ,• �.. ��,.. � T., >"0 e w �• a 1m F'Wr(14111y -�:rT 1 Packet :.� . 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 2017 Meadowdale Playfields Development Agreement Page 5 Packet Pg. 35 2.4.a 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 2017 Meadowdale Playfields Development Agreement Page 6 Packet Pg. 36 2.4.a 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] 2017 Meadowdale Playfields Development Agreement Page 7 Packet Pg. 37 2.4.a 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 Packet Pg. 38 2.4.a 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 2017 Meadowdale Playfields Development Agreement Page 8 Packet Pg. 39 2.4.a 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 2017 Meadowdale Playfields Development Agreement Page 8 Packet Pg. 40 2.4.a 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 2017 Meadowdale Playfields Development Agreement Page 9 Packet Pg. 41 2.4.a 293 294 295 296 EXHIBIT B 1985 ILA Agreement 2017 Meadowdale Playfields Development Agreement Page 10 Packet Pg. 42 2.4.a 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 2017 Meadowdale Playfields Development Agreement Page 11 P Packet Pg. 43 2.4.a 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. 2017 Meadowdale Playfields Development Agreement Page 12 Page 2 Packet Pg. 44 2.4.a 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 2017 Meadowdale Playfields Development Agreement Page 3 Page 13 Packet Pg. 45 2.4.a 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 2017 Meadowdale Playfields Development Agreement page 4 Page 14 Packet Pg. 46 2.4.a 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. 2017 Meadowdale Playfields Development Agreement page 5 Page 15 Packet Pg. 47 2.4.a r�l 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 2017 Meadowdale Playfields Development Agreement Page 16 Page 6 Packet Pg. 48 2.4.a 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. 2017 Meadowdale Playfields Development Agreement Page 17 Packet Pg. 49 2.4.a 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 . 2017 Meadowdale Playfields Development Agreement Page 18 Packet Pg. 50 A 2.4.a __.__t Pg. 51 2.4.a 297 298 299 300 EXHIBIT C Lynnwood — District ILA Extension 2017 Meadowdale Playfields Development Agreement Page 20 Packet Pg. 52 2.4.a 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. 2017 Meadowdale Playfields Development Agreement Page 21 Packet Pg. 53 2.4.a 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 00358-0835/LEGAL23609131.3 -1- 2017 Meadowdale Playfields Development Agreement Page 22 Packet Pg. 54 2.4.a 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. 00358-0835/LEGAL23609131.3 -2- 2017 Meadowdale Playfields Development Agreement Page 23 Packet Pg. 55 2.4.a 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 00358-0 935/LEG AL23609131.3 -3 - 2017 Meadowdale Playfields Development Agreement Page 24 Packet Pg. 56 2.4.a 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 I lit Exhibit D: Page 3 2017 Meadowdale Playfields Development Agreement Page 31 3 16 i �+ J r ELn Ln Packet Pg. 63 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 2.4.c City of Lynnwood Prepared by A&Lh.- GREAT WESTERN 05-12-2022 Job # 105669-01 Meadowdale Playfield Playground Option 3 GameTime 435-901-9544 1 www.gwpark.com Packet Pg. 72 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA f 111 1 .:5AM. 11 II! II II 1 ♦ ' I I 1 1 � ► J A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinn@gwpark.com Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA 4*0-44440 A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com C PaclPq. Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA y`�•r.i=��' IDS% 1 -y..t• ��' �.f r 1. v ' •T� G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinn@gwpark.com C Packet lPq. 77 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA ,ramj 4/A4f� 4F:f'e'{,li titer" � a.� ..: _" A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com Packet Pq. 78 Meadowdale Playfield Playground- Project 105669-01-Opt 3 Lynnwood, WA G R E A A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 1 F: 435 245-5057 Quinnc@gwpark.com ' Project: 105669-01-Opt 3 Surfacing: 50-50 P I P PRIMARY PALETTES Allegiance Gum Drop Q Metal Plastic HDPE.: Jovial Es Metal HDPE . - a «a Patriot _ VP 1" Metal Plastic Q Shine Sunrise O PALETTE COLOR SELECTIONS Approved by: NATURAL PALETTES CONTEMPORARY PALETTES ®� Arctic ®Q Avalon ' 11 %jam i VF1 I I O Uprights e • e Metal HDPE 6 - l2 owd. O ""`° Bayou O wh"p Deep Spoce0 +r to O tic Jungle Uprights �I s plastic Decks LighLight�hh iNn WWI Malibu OEmerald Honeysuckle Metal ®Ch-OMv Passion Fruit Whimsy O Metal 'r PE wnn. DDr.y G•r Uprights Where 2.4.c 4- 0 U 4, CL O d r 0 E 0 w O U c R c d G c O L IL a� w a m 3 0 m c d E w r Q Packet Pg. 81 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 c a� E s ca 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 a 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. c a� E s 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 s 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'— ntv •Exect-f-ive _.-— 5 198g c I Q 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 w a Packet Pg. 96 2.4.d Attachment 2 MEADOWDALE PLAYFIELD OPERATION AND MAINTENANCE AGREEMENT WHEREAS, the cities of Edmonds and Lynnwood, Snohomish M a� L County, and Edmonds School District No. 15 have jointly developed r M _ a site known as the Meadowdale Playfield site pursuant to a a x w Development and Operations Agreement dated June 5, 1985; N N O WHEREAS, paragraph 8 of such agreement provides in part that a J ". the cities will share equally the costs and a 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 > J 4— developed after the final master plan is accepted by all cities 0 w and an agreement is reached on the U g phases of the project's 0 development"; and WHEREAS, the parties wish to provide for a more permanent 3 0 L basis of operation and maintenance responsibility. NOW, > a THEREFORE, 2 In consideration of the mutual benefits to be derived and > �a a the promises set forth herein, the City of Lynnwood, Washington -a _ 0 (hereinafter "Lynnwood"), and the City of Edmonds, Washington E w (hereinafter "Edmonds"), do hereby enter into the following U agreement under the terms and conditions herein set forth: c 0 1. Term of Agreement. This agreement shall run from year N 0 N to year with annual amendments by the parties as herein set a� forth. Its initial term shall be for the budget year January 1, �a a 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- WSS/klt 12/04/90-2 Packet Pg. 99 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 c 3 before September 15 of each year the estimated maintenance and J operation costs for the full following budget year. The cost o w shall reflect complete maintenance and field preparation for L? fields 1, 2, 3, 4 and 5 as well as the anticipated electrical and 0 S as other utility charges necessary to light all fields and otherwise 3 0 provide for the operation of the complex. Such information shall �a be submitted by that date in order to be reviewed as a part of n the normal budget process. The maintenance charges shall be D �a deemed incorporated into this operation and maintenance c responsibility when such estimate of charges is attached hereto E as approved by the City Council of the affected party through the w 0, w budget process. Upon such attachment, this Agreement shall be L) 0 0 deemed to be renewed for an additional year. N 0 5. Accounting Procedures. Lynnwood shall keep appropriate u c a� books and accounts covering the operation and maintenance for s review or audit by a paying party. A separate accounting shall a 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; c of the concession stand operation. E �a WSS52526A/0006.120.054 -4-- WSS/klt 12/04/90-2 Packet Pg. 101 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). > a 8.2.5. Programming and maintenance of the auto- _ mated irrigation system throughout the facility. E w 8.2.6. Collection and disposal of all litter. 8.2.7. Cleaning and maintenance of parking lots, 0 0 walkways, hard court surface area and bleachers. N 0 N 8.2.8. Repair of items damaged by vandals or other r _ a� misuse. E w a WSS52526A/0006.120.054 -5- WSS/ klt 12/04/90-2 Packet Pg. 102 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- WSS/klt 12/04/90-2 Packet Pg. 103 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� E 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. 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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. 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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 Packet Pg. 119 2.4.e 06/14/22 PPW Committee Minutes, Page 3 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 Packet Pg. 120 2.4.e 06/14/22 PPW Committee Minutes, Page 4 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 Packet Pg. 121 2.4.e 06/14/22 PPW Committee Minutes, Page 5 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 Packet Pg. 122 2.4.e 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 Edmonds City Council Approved Minutes July 5, 2022 Page 1 Packet Pg. 124 2.4.f ■ 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 G,At/ Plan 50C+P-4 Orvs�sion S61LL6�109 Gift, - sw—hw Wummr 5,.— a 2 �rs Maumum2 va•s o o ab Ion ,iwr ._ yVawro^ 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 Edmonds City Council Approved Minutes July 5, 2022 Page 2 Packet Pg. 125 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 Edmonds City Council Approved Minutes July 5, 2022 Page 3 Packet Pg. 126 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. Edmonds City Council Approved Minutes July 5, 2022 Page 4 Packet Pg. 127 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. Edmonds City Council Approved Minutes July 5, 2022 Page 5 Packet Pg. 128 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 Edmonds City Council Approved Minutes July 5, 2022 Page 6 Packet Pg. 129 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. Edmonds City Council Approved Minutes July 5, 2022 Page 7 Packet Pg. 130 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 8 Packet Pg. 131 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 9 Packet Pg. 132 2.4.f 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: Edmonds City Council Approved Minutes July 5, 2022 Page 10 Packet Pg. 133 2.4.f 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. Edmonds City Council Approved Minutes July 5, 2022 Page 11 Packet Pg. 134 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 12 Packet Pg. 135 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 Edmonds City Council Approved Minutes July 5, 2022 Page 13 Packet Pg. 136 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 Edmonds City Council Approved Minutes July 5, 2022 Page 14 Packet Pg. 137 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 15 Packet Pg. 138 2.4.f 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. Edmonds City Council Approved Minutes July 5, 2022 Page 16 Packet Pg. 139 2.4.f 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. Edmonds City Council Approved Minutes July 5, 2022 Page 17 Packet Pg. 140 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 18 Packet Pg. 141 2.4.f 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. Edmonds City Council Approved Minutes July 5, 2022 Page 19 Packet Pg. 142 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 20 Packet Pg. 143 2.4.f 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 Edmonds City Council Approved Minutes July 5, 2022 Page 21 Packet Pg. 144 2.4.f 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. Edmonds City Council Approved Minutes July 5, 2022 Page 22 Packet Pg. 145 2.4.f 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 Packet Pg. 148 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. [Remainder of page intentionally left blank — Signatures on following page.] ; Packet Pg. 165 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. [Remainder of page intentionally left blank — Signatures on following page.] ; 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 O P IL V w c ; No. c (City Clerk Use Only) Z w c CONTRACT ROUTING FORM E Angie Feser Parks & Recreation Name of Consultant/Contractor: I Long Bay Enterprises, Inc. CONTRACT TITLE: E a L C 0 Routed by: Carrie Haslam, P&R V Date: 03/22/2023 = L Q. L d 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 # G QBudget # Amount: Budget # a Q Z Are there sufficient funds in the current budget to cover this contract? 0 Yes Z Remarks: Authorization Level: � Mayor W ❑ 1. Project Manager Q ❑ 2. Risk Management/Budget Z E 3. City Attorney ❑ 4. Consultant/Contractor y ❑ 5. Other O No ❑ 6. City Council Approval Date (if applicable) Q 7. Mayor ❑ 8. City Clerk WEEEMMMW Amount: I 1 1 1 1 1 - Amount: c 0 J 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 Packet Pg. 174