HomeMy WebLinkAbout2025-01-21 Council PPW CommitteeAgenda
Edmonds City Council
PARKS AND PUBLIC WORKS COMMITTEE
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
JANUARY 21, 2025, 1:30 PM
Edmonds City Council Agenda
January 21, 2025
Page 1
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COMMITTEE MEMBERS: SUSAN PAINE (CHAIR), MICHELLE DOTSCH, COUNCIL PRESIDENT (EX -
OFFICIO MEMBER)
1. CALL TO ORDER
2. COMMITTEE BUSINESS
1. Frances Anderson Center Use Agreement - Olympic Ballet (10 min)
2. Presentation of TIB Grant Award for Pedestrian Improvements on 7th Ave N from Bell St to SR-
524 (10 min)
3. Presentation of Grant Award for Citywide Lighting Improvements (10 min)
4. Presentation on Citywide Streetlight Study (30 min)
ADJOURNMENT
City Council Agenda Item
Meeting Date: 01/21/2025
Frances Anderson Center Use Agreement - Olympic Ballet
Staff Lead: Shannon Burley
Department: Parks, Recreation & Human Services
Preparer: Shannon Burley
Background/History
The Frances Anderson Center is home to six tenants. Each of the six tenants run organizations that are
considered community partners as they provide programming that is typically found in a community
center and expands the available programming for the Edmonds community.
The six organizations are:
1. Edmonds Arts Festival Museum - leased art gallery space near the entrance and storage space in
the lower level (the storage supports the Arts Festival held annually at the Frances Anderson
Center).
2. Edmonds Montessori - providing half day preschool
3. Main Street Kids Day Care - providing full day childcare for non-school age children
4. Olympic Ballet - ballet school and classes
5. Sculptor's Workshop - leased space for pottery activities
6. Sno-King Youth Club - leased office space and storage for a non-profit providing youth
recreational sport programs for Edmonds
The building use agreements (leases) at the Frances Anderson Center have various term lengths ranging
from 1 - 5 years. The payment terms for each agreement includes an annual increase based on inflation.
In 2025 payments will increase 3.8% consistent with the Seattle-Tacoma-Bellevue inflation index. In
2023 the increase was 10.1% and in 2024 it was 4.6% . Payments include Leasehold Tax unless the
tenant qualifies for an exemption.
The city has annual lease agreements for spaces outside of the Frances Anderson Center such as the
Waterfront Center Ground Lease; Boys and Girls Club, Wade James Theater and Historical Society /
Museum. These agreements are not included as they each have lease agreements that do not require
renewal at this time.
Staff Recommendation
Council to review and recommend the attached 2025 Building Use Agreement between the City of
Edmonds and Olympic Ballet for approval during the next regular Council meeting Consent Agenda.
Approval by Council will authorize the Mayor to sign the agreement.
Narrative
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At the end of 2024, the City of Edmonds and Olympic Ballet lease agreement expired. The agreement,
which renews the agreement, also reflects the addition of Room 301 in the Frances Anderson Center.
This will increase the monthly fee by $1,140 per month, in addition to the inflation adjustment of 3.8%,
for a total monthly cost of $7,369.65.
The agreement and required insurance will be transferred to the Olympic Ballet Theatre (former
agreement was with the Olympic Ballet School MVOG), a Washington nonprofit corporation. Olympic
Ballet Theatre intends to apply for a leasehold tax exemption through the State. State approval of this
exemption would decrease the monthly payment amount collected by the City and to the state
accordingly.
The proposed agreement is for one year while the Olympic Ballet Theatre evaluates the use of the
increased square footage and monthly fee.
Main Street Kids, Edmonds Arts Festival Foundation, Edmonds Montessori, Sculptor's Workshop and
Sno-King Youth Club leases do not expire in 2025 and the monthly payment amount has been adjusted
consistent with inflation which does not require Council approval.
The proposed agreement has been reviewed and approved by the City Attorney.
Attachments:
Olympic Ballet 2025 Building Use Agreement
2.1
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Incorporated August 11, 1890
Sister City - Hekinan, Japan
BUILDING USE AGREEMENT
THIS AGREEMENT, made this 1st day of January 2025, by and between the CITY OF
EDMONDS, a non-charter optional municipal code city organized under the laws of the State of
Washington, as Lessor, and OLYMPIC BALLET THEATRE, a Washington nonprofit
corporation, as Lessee.
1.The Lessor does hereby lease to the Lessee, and the Lessee does hereby lease from the
Lessor, parts of certain premises situated in the City of Edmonds, County of Snohomish,
State of Washington, generally known as the Frances E. Anderson Cultural and Leisure
Center, located at 700 Main Street, Edmonds, and described as follows:
Room 122 – 1,617 sq. ft.
Room 124 – 400 sq. ft.
Room 300 – 78 sq. ft.
Room 301 – 830 sq. ft.
Room 302 – 744 sq. ft.
Room 303/305, 304 and 306 – 2,562 sq. ft.
2.DECLARATION: The Lessor hereby declares its determination that parts of the subject
property are not presently required for City recreation purposes. Upon a determination by the
Director of Parks, Recreation and Human Services, or other official designated by the
Director or the Mayor, that subject premises may become necessary for City recreation
purposes, this Lease shall be terminable unilaterally by the City of Edmonds ninety (90) days
after the notification of the Lessee as provided in paragraph 19. Upon determination by
Lessee that subject premises will no longer be needed, the Lessee will send a written
notification to the City of Edmonds ninety (90) days prior to vacating the premises. Nothing
herein shall limit the right of the City to terminate this Lease for breach of any term of this
Lease.
3.PURPOSES: The subject property is to be used for office, ballet and dance school, and
performing company. No other business or activities shall be undertaken on the premises
without the written consent of the Lessor. Lessee may not use hallways for storage or for a
meeting area unless the space is leased.
4.TERM: This Lease shall be for an initial term commencing on January 1, 2025 and ending
on December 31, 2025. It may be renewed at the sole discretion of the Lessor for future
annual terms, upon determination by the Lessor that the premises will be not be required for
CITY OF EDMONDS
700 MAIN ST | EDMONDS, WA 98020 | 425.771.0230 | FAX 425.771.0253 MIKE ROSEN
PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT MAYOR
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Incorporated August 11, 1890
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City recreation purposes during the ensuing year. Said determination to renew shall be made
on or before November 1 of the preceding year of the Lease; failure to provide written notice
of renewal shall terminate the lease on December 31, 2025.
5. FEES AND FEE PAYMENTS: Lessee covenants and agrees to pay the Lessor a total fee of
$7,369.65 per month for 2025. Said fee is broken down as follows:
(1) 4,214sq. ft. at $.92/sq. ft. = $3,876.88
(2) 2,017 sq. ft. at $1.25/sq. ft. = $2,521.25
(3) $821.52 for state leasehold property tax (see item 6 below)
(4) $100.00 for power and heat (see item 7 below)
(5) $50.00 per month for water service (see item 7 below)
Fees for any renewal term thereafter shall be adjusted on an annual basis. Such fees shall
increase by one hundred percent (100%) of that percentage increase set forth in the All-
Urban Consumers Index (CPI-U) for the Seattle-Tacoma-Bellevue area for the period from
June to June, as is specified by the Bureau of Labor Statistics, United States Department of
Labor. All payments shall be paid at the City of Edmonds Finance Department, 121 5th
Avenue N, Edmonds, Washington, 98020. If any monthly payment is not received on or
before the tenth (10th) day of each month, a late payment fee of $110.54 shall be assessed and
then immediately due and payable by the Lessee. This late payment fee is based upon the
cost of comparable short-term borrowing by the Lessee and may be adjusted annually.
6. LEASEHOLD PROPERTY TAX: Lessee is liable for the state leasehold property tax unless
the Lessee is exempt pursuant to Chapter 82.29A RCW and has filed the necessary
exemption form with the Lessor’s Finance Division.
7. UTILITIES: A flat rate of $100.00 per month will be charged for providing power and heat,
and a flat rate of $50.00 per month will be charged for providing water. In the event the
Lessee orders any other public utilities which shall be used in or charged against the leased
premises, Lessee shall pay the same during the full term of the Lease.
8. MAINTENANCE AND REPAIRS: The Lessor will maintain the premises in good repair for
the term of the lease, provided the Lessee notifies Lessor of any such needed repairs. Leased
space shall be maintained in a clean, neat, sanitary, and safe condition. The Lessee agrees to
provide for its own day-to-day cleaning and general upkeep. Lessee agrees that the Lessor
shall have access to the premises for purposes of inspection at reasonable hours during the
term of this Lease, including renewals. The Lessee agrees that it will quit and surrender the
premises without demand or notice at the end of the term, or renewal thereof, and leave the
same in a neat and clean condition and will deliver up all keys belonging to the premises to
the Lessor.
9. RESPONSIBILITIES: Lessee’s Negligence: Lessor or Lessor’s agents shall not be liable
for any damage or injuries either to persons or property, sustained by the Lessee, its
employees, agents, or third persons by reason of the negligent act of the Lessee, its agents,
employees, or invitees, nor shall Lessor be liable for loss of any property kept on the
premises.
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10. INSURANCE: The Lessee shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee’s operation and use of the subject premises. Lessee’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Lessee shall obtain insurance of the types described below:
A. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City
shall be named as an insured on Lessee’s Commercial General Liability insurance policy
using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a
substitute endorsement providing equivalent coverage. Commercial General Liability
insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
B. Property insurance shall be written on an all-risk basis. Property insurance shall be
written covering the full value of Lessee’s property and improvements with no coinsurance
provisions. The Lessee’s Commercial General Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the Lessor. Any Insurance, self-insurance, or insurance pool coverage maintained by the Lessor shall be in excess of the Lessee’s insurance and shall not contribute with it. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. At the time of execution of this Agreement, the Lessee shall furnish the Lessor with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Lessee. The Lessee shall provide the Lessor with written notice of any policy cancellation, within two business days of their receipt of such notice. Lessee and Lessor hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said building. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. Failure on the part of the Lessee to maintain the insurance as required shall constitute a material breach of lease, upon which the Lessor may, after giving five business days’ notice to the Lessee to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Lessor on demand.
11. LAWFUL USE: The Lessee covenants and agrees that the premises shall be at all times used
in accordance with the laws of the State of Washington, the Edmonds City Code, and other
appropriate and applicable governmental agencies, and in accordance with all the directions,
rules, and regulations of health officers, fire marshals, building inspectors, or other
appropriate officer, provided, however, Lessee shall assume no responsibility for structural
code requirements or required modifications, if any.
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Incorporated August 11, 1890
Sister City - Hekinan, Japan
The governmental operations of the City of Edmonds will no longer purchase or provide
single-use polystyrene or other plastic-based, non-compostable food service packaging or
ware for any City-sponsored function providing food and/or beverages. Renters and officially
recognized users of City owned buildings are strongly encouraged to comply with these
restrictions.
12. ALTERATIONS OR IMPROVEMENTS: The Lessee covenants and agrees that it will make
no alterations or improvements to the leased premises, or to any of the furniture or equipment
located on the premises subject to this Lease without the prior written consent of the Lessor.
Lessor is not obligated to grant its consent.
The Lessor shall be under no obligation to make additions or changes to the leased premises
after the Lessee occupies the space. Changes and additions include, but are not limited to,
painting, electrical or plumbing changes, additions or alterations to doors, windows,
draperies, walls, floors and vents, locks (unless required for building security), or any other
change unless Lessor determines it is required for health and/or safety.
13. SIGNS: The Lessor will order lettering for exterior and interior informational signs, with the
Lessee listed as a tenant in the Anderson Center. The cost of the lettering will be paid by
Lessee. All other signs must be approved in writing by the Lessor’s Deputy Director or
designee prior to being installed and be in keeping with the Anderson Center’s sign policy.
Lessee will not use exterior windows for permanent signs or displays without the written
permission of the Lessor.
14. DISPLAYS: Lessee can display materials to advertise business in hallway display case, and
other display boards in Anderson Center with the approval of the Lessor’s Deputy Director or
designee.
15. LIENS: Lessee agrees that under no circumstances will it permit any liens for work
performed, materials furnished, or other obligations incurred by the Lessee.
16. ASSIGNMENT: Lessee shall not let or sublet the whole or any part of the subject premises,
nor assign the Lease or any part thereof, and agrees and stipulates that a material
consideration for the execution of this Lease is its personal acceptance of the Lease
Agreement.
17. EXCLUSIVE USE: The Lessee covenants and agrees that it will not permit or tolerate the
use of the subject premises by any group, organization, individual, or legal entity other than
the reasonable and necessary use by the Lessee, its employees, or responsible adult
participants and children duly enrolled in its authorized programs, without the prior written
permission of the Lessor.
18. FIRE AND OTHER CASUALTY: In the event the premises are destroyed or damaged by
fire, earthquake, or other casualty to such an extent as to render the same untenantable in
whole or in a substantial part, the term of this Lease and the obligation to pay shall terminate,
with rent prorated to the date of the loss.
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19. NOTICES: All notices required by this Lease or breaches thereof shall be sent by certified or
registered mail to the Lessor at Edmonds Parks, Recreation & Human Services Department,
700 Main Street, Edmonds, Washington, 98020, and all such notices to the Lessee shall be
sent by registered or certified mail and addressed to the Lessee at 700 Main Street, Edmonds,
Washington, 98020, and delivery of all such notices shall be conclusively presumed to be
effective upon posting of such in the United States mail, postage prepaid.
20. DEFAULT AND REENTRY: If Lessee violates or defaults in any of the covenants and
agreements contained herein, then the Lessor may immediately cancel the term of this Lease
and reenter said premises. The Lessor shall be the sole distributor of keys and shall control
the door locks. The keys may not be duplicated by the Lessee. Padlocks may not be added to
any door. All keys shall be returned to Lessor upon termination of the Lease. If any key is not
returned to Lessor, Lessee shall bear the costs for rekeying the premises and/or the Frances
Anderson Center, as appropriate.
21. COSTS AND ATTORNEYS’ FEES: In the event of a failure of the Lessee to perform any
obligation created by this Lease, the Lessee agrees to pay all damages and costs necessarily
incurred by the City, including reasonable attorney’s fees.
22. NON-WAIVER OF BREACH: The failure of a party to insist upon strict performance of
any of the covenants and agreements of this Lease or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or relinquishment of any
such provision, or any other covenants or agreement, but the same shall be and remain in full
force and effect.
23. REMOVAL OF LESSEE’S PROPERTY: In the event of any entry in, or taking possession
of, the leased premises as aforesaid, the Lessor shall have the right, but not the obligation, to
remove from the leased premises all personal property located therein and may place the
same in storage in a public warehouse at the expense and risk of the owners thereof.
24. HOLD HARMLESS: Lessee agrees to indemnify, defend, and hold Lessor, its officers,
officials, employees and volunteers harmless from any and all claims, suits, actions or
liabilities for bodily injury or death or property damage suffered or alleged to be suffered by
Lessee, its agents, employees, invitees or other third parties upon or about the leased
premises or in any way arising out of or in connection with the Lessee’s use of the leased
premises, regardless of any negligence of the Lessor or Lessee. The intent of this paragraph
is to have Lessee act an insurer as to Lessor.
25. EDMONDS ARTS FESTIVAL ANNUAL PREVIEW PARTY: The Lessee agrees to cease
instruction and practices and vacate the Anderson Center no later than 5:00 PM on the day of
the annual Arts Festival evening event to enable the Edmonds Arts Festival to exercise sole
control of the Anderson Center premises that night.
26. HOURS OF OPERATION: Lessee agrees that the hours of operation of the Anderson
Center shall be determined by Edmonds Parks, Recreation and Cultural Services Department.
Hours of operation are 8:30am-8:30pm, Monday-Friday; and Saturday, 9:00am-2:00pm.
Lessor reserves the right to amend these hours at any time and to determine days when the
building will be closed. Any use of the leased area at times other than the current hours of
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operation must be approved in writing by the Lessor. Any use of the Anderson Center
facilities other than leased space will require Lessee to make prior written arrangements with
Lessor and pay current rental rates.
27. PREMISES AVAILABILITY: The parties agree that in the event the Lessor determines, in
its sole discretion, to temporarily close the leased premises to the public for reasons related to
public health and safety (e.g., a natural event, such as an earthquake or tornado; a pandemic
or other public health risk; a plumbing, heating or other building malfunction; or other
similar occurrence), and that closure renders the Lessee unable to conduct business at the
leased premises, the Lessor may, at the discretion of the Department Director (or designee),
suspend and/or modify the fees and/or utility payments set forth in Sections 5 and 7 above.
LESSOR: CITY OF EDMONDS LESSEE: OLYMPIC BALLET THEATRE
Mike Rosen, Mayor Oleg Gorboulev, Board Member
ATTEST/AUTHENTICATED: Mailing Address
City State Zip
Scott Passey, City Clerk Phone
APPROVED AS TO FORM: Email
Office of the City Attorney
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Incorporated August 11, 1890
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STATE OF WASHINGTON )
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COUNTY OF SNOHOMISH )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Oleg Gorboulev, to me known to be a Board Member of Olympic Ballet Theatre, the Lessee
that executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said Lessee, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
NOTARY PUBLIC
My commission expires:
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City Council Agenda Item
Meeting Date: 01/21/2025
Presentation of TIB Grant Award for Pedestrian Improvements on 7th Ave N from Bell St to SR-524
Staff Lead: Rob English
Department: Engineering
Preparer: Rob English
Background/History
None.
Staff Recommendation
Forward item to consent agenda at the next City Council meeting.
Narrative
The pavement on 7th Ave N from Bell to State Route 524 is deteriorating and needs to be replaced. As
part of the pavement overlay project, the existing pedestrian curb ramps will be replaced with new
ramps that meet ADA standards.
The number of pedestrians crossing 7th Ave at Sprague St has increased since the installation of park
improvements at Civic Field. The City has received citizen comments about the increased pedestrian
activity and whether improvements could be made on 7th Ave. Staff identified a grant opportunity
through the Washington State Transportation Improvement Board (TIB) to pursue funding to install a
striped crosswalk with pedestrian ramp bulb-outs at Sprague St. The Transportation Improvement
Board awarded the grant for the pedestrian improvements in their recent grant competition. The grant
amount is $379,600 and requires a local match of $104,580. The project schedule is to complete the
plans, specifications and estimate in 2025 and construct the project in 2026.
To move forward with the project, staff recommends the following actions be approved on the consent
agenda at the next City Council meeting:
1. Approve TIB grant agreement
2. Authorize staff to begin design work on the project
3. Staff will submit a first quarter budget amendment to program TIB grant revenue and local matching
funds from REET 126 Fund
Attachments:
Attachment 1 - Grant Agreement
Attachment 2 - 7th Vicinity Map
2.2
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City of Edmonds
C-P-139(004)-1
7th Avenue N Pedestrian Improvements
Bell St to Caspers St(SR 524)
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Edmonds
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the 7th Avenue N Pedestrian
Improvements, Bell St to Caspers St(SR 524) (hereinafter “Project”) is entered into by the
WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and
City of Edmonds, a political subdivision of the State of Washington (hereinafter “RECIPIENT”).
1.0 PURPOSE
For the project specified above, TIB shall pay 78.4006 percent of approved eligible project costs
up to the amount of $379,600, pursuant to terms contained in the RECIPIENT’S Grant
Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479
WAC, and the terms and conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
2.2.a
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often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT’s other rights under this Agreement.
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB’s notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
2.2.a
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a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB’s obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any
use of these funds for anything other than highway or roadway system improvements is
prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in
Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is
subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor
vehicle fund and used for a motor vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an
increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum
amount payable by TIB. In the event that final costs related to the specific project are less than
the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that
maintains the intended ratio between TIB funds and total project costs, as described in Section
1.0 of this Agreement.
2.2.a
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12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its
officers, officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
2.2.a
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15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter
47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions
of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement
between the PARTIES and supersedes all previous written or oral agreements between the
PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
2.2.a
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Project Limits
Bell St.DOWNTOWN
EDMONDS
CITY
PARK
Holy Rosary
Church
and School
Frances Anderson
CenterEdmonds
Library
Existing Crosswalk
2.2.b
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City Council Agenda Item
Meeting Date: 01/21/2025
Presentation of Grant Award for Citywide Lighting Improvements
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
none
Staff Recommendation
Forward item to consent agenda at the next City Council meeting.
Narrative
The City recently completed a Citywide Streetlighting Study to identify and prioritize gaps within the
existing streetlight system. Nighttime accident data was used to help prioritize locations. During the
evaluation of this information, staff identified a grant opportunity through WSDOT's Highway Safety
Improvement Program (HSIP) to address several locations in the study. In December, WSDOT awarded
the $700k federal grant to the City to add new streetlights in the grant application. The grant does not
require a match of local funds. The project schedule is to complete the plans, specifications and
estimate in 2025 and construct the improvements in 2026.
New Streetlights are proposed at the following locations:
a. SR 524 @ 9th Ave N
b. 236th St SW @ 84th Ave W
c. Walnut St @ 7th Ave S
d. Hwy 99 @ 216th St. SW
e. 76th Ave W @ Interurban Trail
f. Additional priority locations (as identified as part of the City’s Lighting Study) may be
included as funding allows.
To move forward with the project, staff recommends the following actions be approved on the consent
agenda at the next City Council meeting:
1. Authorize staff to begin design work on the project
2. Staff will submit a first quarter budget amendment to program the project expenditures and
revenue in the Street Construction Fund (Fund 112).
Attachments:
Attachment 1 - Vicinity Map
Attachment 2 - Citywide Lighting Improvements Presentation
2.3
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SR-524 @ 9th Ave. N
Walnut @ 7th Ave. S Hwy 99 @ 216th
84th @ 236th 76th @ Interurban
Note: additional priority locations
(as identified as part of the City’s
Lighting Study) may be included
as funding allows.
2.3.a
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Citywide Lighting Improvements
January 21, 2025
Committee Meeting
2.3.b
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•Locations selected based on
accident history collected in
recent Citywide streetlight
study
•$700K federal HSIP grant
secured to add new
streetlights
•Grant will fund design and
construction costs
•Grant does not require local
matching funds
•Schedule
o Design 2025
o Construction 2026
2.3.b
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Vicinity Map
2.3.b
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Staff Recommends
•Next City Council Meeting
o Authorize Staff to begin design
work
o Staff will submit first quarter
budget amendment to program
project expenditures and grant
revenue in the 112 Street Fund
2.3.b
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City Council Agenda Item
Meeting Date: 01/21/2025
Presentation on Citywide Streetlight Study
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
None.
Staff Recommendation
Presentation being provided for information.
Narrative
The City hired the consulting firm of Transpo Group to complete a Citywide Streetlight Study. The
purpose of the study was to inventory streetlight data, evaluate lighting, identify gaps in lighting,
develop a priority list of areas where lighting can be added, and establish streetlight standards. Data
was collected from Snohomish County PUD, existing City owned streetlights and WSDOT owned
streetlights. The data was added to the City’s existing GIS mapping system. A high-level analysis was
performed along with scoring based on criteria related to proximity to facilities with high pedestrian
activity, street classification, accident history, gap length and number of lights within an intersection or
mid-block crossing. Attachment 2 is a map of the higher priority areas where streetlights can be added.
Attachments:
Attachment 1 - Presentation
Attachment 2 - Streetlight Map
2.4
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Citywide Streetlight Study
January 21, 2025
Public Works Committee Meeting
2.4.a
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Purpose
•Inventory existing streetlights
•Evaluate lighting and identify
gaps
•Develop a priority list for
lighting gaps
•Establish streetlight standards
2.4.a
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Data Collection
•Created new GIS streetlight layer
o Snohomish County PUD GIS datasets
Location (2,553)
Light fixture wattage
Model number
o City Data
City streetlights (196)
Location and type of fixture
o WSDOT Data
WSDOT streetlights (145)
Location and type of fixture
o Missing Data
2.4.a
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Analysis
•Transpo Group – High Level Analysis:
o AGI32 Lighting Design Software
o GIS Spatial Analysis to identify potential
gaps
o Did not include light level readings
o Assumptions based on standards for:
Mounting height
Arm length
Offset from pavement
2.4.a
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Street Segments & Intersections/Midblock
o Proximity to facilities with high pedestrian activity
Schools
Parks
Transit stops
Commercial areas
o Street Classification
o Accident History
Accident history – Nighttime data
o Gap Length (street segments only)
o Number of lights (intersections/mid-block only)
Prioritization 2.4.a
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Lighting Prioritization Scoring
Intersections
Higher Score=Higher Priority
Maximum Score = 80
ID Intersection Score
A 3rd Ave N / Bell Street 70
B Highway 99 / 236th St SW 70
C Highway 99 / 216th St SW 70
D Puget Drive / Olympic Ave 65
E 88th Ave W / 196th St SW 65
F Main Street / Railroad Street 65
G West Dayton Street / Railroad Ave 65
H Highway 99 / 224th St SW 65
I Highway 99 / 230th St SW 65
J Highway 99 / 240th St SW 65
K SW Quadrant of SR-104 / Hwy 99 Interchange 65
L SR-104 / 100th Ave W 65
M Puget Drive / Olympic View Drive 60
N 80th Ave W / 196th St SW 60
O 9th Ave N / Capers Street 60
P Sunset Ave / Main Street 60
Q 212th St SW / 80th Ave W 60
R 212th St SW / 77th Pl W 60
S 9th Ave N / Main Street 60
T Highway 99 / 212th St SW 60
U SR-104 / 236th St SW 60
V SR-104 / 238th St SW 60
W Highway 99 / 228th St SW 60
X Highway 99 / 244th St SW 60
2.4.a
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Intersections
Highway 99 & 236th St SW
Score: 70
2.4.a
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Intersections
Highway 99 & 216th St SW
Score: 70
2.4.a
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Intersections
3rd Ave N & Bell Street
Score: 70
2.4.a
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Lighting Prioritization Scoring
Street Segments
Higher Score=Higher Priority
Maximum score = 80
ID Location Description Score
ST-1 Highway 99 232nd St SW and 234th St SW 65
ST-2 Highway 99 south of 220th St SW 65
ST-3 Highway 99 south of 230th St SW 65
ST-4 Highway 99 north of 224th St SW 60
ST-5 Highway 99 236th St SW and 238th St SW 60
ST-6 Highway 99 228th St SW and 230th St SW 60
ST-7 SR-104 south of 238th St SW 60
ST-8 Highway 99 north of 236th St SW 60
ST-9 Highway 99 238th St SW and 240th St SW 60
ST-10 Highway 99 SR-104 and 244th St SW 60
ST-11 SR-104 north of 238th St SW 60
ST-12 SR-104 west of 100th Ave W 60
ST-13 Highway 99 south of 224th St SW 60
ST-14 212th St SW east of 80th Ave W 60
ST-15 228th St SW west of Highway 99 60
ST-16 236th St SW west of Highway 99 60
ST-17 Sunset Ave S Main Street and Dayton Street 55
ST-18 76h Ave W north of 212th St SW 55
ST-19 236th St SW east of Highway 99 55
ST-20 3rd Ave N south of Bell Street 55
ST-21 212th St SW west of Highway 99 55
ST-22 W Dayton St west of SR-104 55
ST-23 Main Street west of 9th Ave 55
ST-24 3rd Ave N south of Caspers Street 55
2.4.a
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Street Segments
Highway 99 – south of 220th St SW
Score: 65
2.4.a
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Street Segments
Highway 99 – south of 230th St SW
Score: 65
2.4.a
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Next Steps
•Safety Action Plan
o Study top priority locations, identify lighting
improvements
•Opportunities w/ Existing PUD Poles
•Future Grant Funding
o Data already used to secure $700,000 Highway
Safety Improvement Program grant (2024)
o Study helped to identify locations
•Continued Management
o Continue to inventory new lighting in GIS data base
2.4.a
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Questions?
2.4.a
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BOWDOINWAY
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MOUNTLAKE
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City of Edmonds
Citywide Lighting Study
2.4.b
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