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2025-01-21 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 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 AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. 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 Edmonds City Council Agenda January 21, 2025 Page 1 2.1 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 Packet Pg. 2 2.1 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 Packet Pg. 3 2.1.a 4,0c. 1 gyv CITY OF EDMONDS 700 MAIN ST I EDMONDS, WA 98020 1425.771.0230 1 FAX 425.771.0253 PARKS, RECREATION AND HUMAN SERVICES DEPARTMENT BUILDING USE AGREEMENT MIKE ROSEN MAYOR 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 • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 4 2.1.a 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 (loth) 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. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 5 2.1.a 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. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 6 2.1.a 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. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 7 2.1.a 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 • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 8 2.1.a 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 Mike Rosen, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney LESSEE: OLYMPIC BALLET THEATRE Oleg Gorboulev, Board Member Mailing Address City State Zip Phone Email • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 9 2.1.a STATE OF WASHINGTON ) 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: • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Packet Pg. 10 ) 2.1.a I ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(r 12/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement I this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LISA BURNETT NAME: StateFarm JOHN PETER SCHMICK AICNNo Ext : 425-776-3110 FAX No s 100 2ND AVE S., #320 =Ess: LISA@ASKJOHNSCHMICK.COM INSURER(S) AFFORDING COVERAGE NAIC # EDMONDS WA 98026-3356 INSURERA: State Farm Fire and Casualty Company 25143 INSURED INSURER B : 0 OLYMPIC BALLET THEATER INSURERC: 0 700 MAIN STREET INSURERD: 0 INSURER E : 0 EDMONDS WA 98020-3032 INSURERF: 0 COVERAGES CERTIFICATE NUMBER_ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD INSD SUB WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY �� I OCCUR Y N 98-ED-5537-7 12/17/2024 12/17/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREM SES Ea occur RETEence $ 300,000 _7CLAIMS-MADE MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 N PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) ccident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYATUTTANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Frances Anderson Center 700 Main Street Edmonds, WA 98020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Completed by an authorized State Farm representative. If signaturi © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 11 2.2 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 Packet Pg. 12 2.2.a Citv of Edmonds C-P-139(004)-1 7th Avenue N Pedestrian Improvements Bell St to Casaers St(SR 524) 0-11 MANIcg•]9INT1�yanIn1101► TRANSPORTATION IMPROVEMENT BOARD AND City of Edmonds AGREEMENT N LO o_ U) 0 w w Cn m m E 0 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 Packet Pg. 13 2.2.a 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 41 be delayed or scheduled in a payment plan. LO U) 5.0 TERM OF AGREEMENT $ This Agreement shall be effective upon execution by TO and shall continue through closeout of — the grant or until terminated as provided herein, but shall not exceed 10 years unless amended m by the Parties. c .- 6.0 AMENDMENTS Z 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 TO 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: Packet Pg. 14 2.2.a a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT's request to amend the Project. LO c) After investigation TIB confirms RECIPIENT'S non-compliance. Cn 0 w TIB reserves the right to order RECIPIENT to immediately stop work on the Project and Cn TIB may stop Project payments until the requested corrections have been made or the — Agreement has been terminated. m E 9.3 TERMINATION o 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. Packet Pg. 15 2.2.a 12.0 INDEPENDENT CAPACITY v LO W U) 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. — a� m 13.0 INDEMNIFICATION AND HOLD HARMLESS c L The PARTIES agree to the following: Z 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. Packet Pg. 16 2.2.a v 15.0 ENTIRE AGREEMENT LO W co 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 m PARTIES. c L 16.0 RECORDS MAINTENANCE Z 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 in Signature on file Guy Bowman Assistant Attorney General Lead Agency Chief Executive Officer Date Print Name Transportation Improvement Board Executive Director Date Print Name Packet Pg. 17 v' City of Edmonds 7th Ave. N Ped. Enhancements Z ✓- ina3 O Holy Rosary Church and School Oooe ZM i --- - -� MAIN ST_ - ---._ ■ 0 !Edmonds ,- Frances AndersonvlAL _ F_ ry Center I— ibra 4 0 505.19 1,010.4 Feet 752.3 This ma is a user generated static output from an Internet mapping site and is for 9r02$ P � g P PP g reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend W E Sections Boundary 0 Sections Q E Edmonds Boundary Q R ArcSDE.GIS.PROPERTY_BUILD ArcSDE.GIS.STREET_CENTERLI y <all other values> N Interstate d O Principal Arterial Minor Arterial; Collector Y Local Street; On Ramp Q State Highways rr C <all other values> - 0 m 1 � 2 fL County Boundary r Parks Q ArcSDE.GIS.PROPERTY_WASH ,V ArcSDE.GIS.PROPERTY_CITIES t ArcSDE.GIS.PROPERTY CITIES _ r.+ ti City of Edmonds r N City of Lynnwood r d City of Mountlake Terrace E t Unincorporated King Co; Uninc V O City of Woodway +4a� Q Citv of Arlinaton: Citv of Bothell Notes E z r Q Packet Pg. 18 1 2.3 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 Packet Pg. 19 I 2.3.a I " City of Edmonds Citywide Lighting Improvements 176TH ST Sw o��MPIcv�E`N ? 1 18OTl6sTSW f w 0 w � Q � Lu 188TH ST SW SR-524 @ 9th Ave. N ®` LYNNWOOD Y _ PLIGE-TOR 196TH S I SVV LU LU Walnut @ 7th Ave. S r 52a a \��s200TH ST SW > Hwy 99 @ 216th ? o EDMONDS y 204n-ISTSW ✓� MAIN ST — - zi Q _3 co > Q QOwbOINII, - a - Tw , -�.P 220TH ST SW 3 WOODWAY a I ESPERANCE �- 0 1� � G 226TH cr cw _ Note: additional priority locations 4Qo J.-,_ 1 �iONDS'140 10A (as identified as part of the City's Lighting Study) may be included as funding allows. 84th @ 236th 244TH ST SW - 76th @ Intern SHORELINE 208TH ST SW 212TH ST SW Z s 228TH S r a s� Q O `D p 236TH ST SW MOUNTLAKE TERRACE 244TH STt'�W 1: 48,498 524 Legend Edmonds Boundary Streets Big <all other values, Interstate Principal Arterial Minor Arterial; Collector Local Street State Highways <all other values, 0 t 2 County Boundary Parks ArcSDE.GIS.PROPERTY-WASHIN( ArcSDE.GIS.PROPERTY-CITIES ArcSDE.GIS.PROPERTY-CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Cc; Unincorpc City of Woodway City of Arlington; City of Bothell; Cit City of Gold Bar; City of Granite Fal City of Marysville; City of Mill Creek Mukilteo; City of Snohomish; City of Town of Darrington; Town of Index Snohomish County O1 Notes 0 4,041.52 8,083.0 Feet 6,018.7 This ma is a user generated static output from an Internet mapping site and is for 72,224 p 8 p pp B reference only. Data layers that appear on this map may or may not be accurate, WGS-1984_Web Mercator -Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 2.3.b 4� it ~. • •No htj i rove PIP A ' r - - January 21, 2025 Committee Meeting Ilk 2.3.b • 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 .a- Vicinity Map fSK-524 ii, ` 111 :1� 14'alntit (w :%th Ave. S WOODWAY T ' 3 Note: additional priority locations o0 (as identified as part of the City's Lighting Study) may be included as funding allows. 7 Q o EDMONDS �aW°�N3�P.l 3 1saTH sT U LYNNWOOD a " 196TH S : SVv H 200TH c 99 C' 216th CD `D 204 TH 51 u a 22OTH S T SW ES PE RANCE 2281F4 ST SW .,r 244TH ST SW i 8-1th (i� 236th 76th (4, In 208TH ST SW 212)H STSW s s w Q i 228rHSrg m 1 � {� f S 2�6T'H 5 MOUNTLAKE TERRACE S 4, rsvv SHORELI 1: 48,498 Packet Pg. 23 2.3.b 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 2.4 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 Packet Pg. 25 W��, fie) �' Li '��• 1/ ' a%4►"'+�F mow. �� �i1ti��'i •'� itkIl a 0, P ' \_ ry 21, 2025 . ` is Works Committee Meeting 010L4I= • Inventory existing streetlights • Evaluate lighting and identify gaps • Develop a priority list for lighting gaps • Establish streetlight standard 13 Data Collection • Created new GIS streetlight layer o Snohomish County PUD GIS datasets ■ Location (2,553) ■ Light fixture wattage ■ Model number IX9 i�l�. 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 Analysis � • Transpo Group — High Level Analysi, o AG 132 Lighting Design Software o GIS Spatial Analysis to identify potenti gaps o Did not include light level readings o Assumptions based on standards for: ■ Mounting height ■ Arm length ■ Offset from pavement Street Segments & I ntersections/M id block o Proximity to facilities with high pedestrian activi ■ 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) y� Lighting Prioritization Scoring o ID Intersection Scor( A 3rd Ave N / Bell Street 70 B Highway 99 / 236th St SW 70Cn C Highway 99 / 216th St SW 70 D Puget Drive / Olympic Ave 65 L E 88th Ave W / 196th St SW 65 Cn F Main Street / Railroad Street 65 3 G West Dayton Street / Railroad Ave 65 H Highway 99 / 224th St SW 65 N I Highway 99 / 230th St SW 65 •N J Highway 99 / 240th St SW 65 K SW Quadrant of SR-104 / Hwy 99 Interchange 65 0 L SR-104 / 100th Ave W 65 w M Puget Drive / Olympic View Drive 60 L N 80th Ave W / 196th St SW 60 a 0 9th Ave N / Capers Street 60 P Sunset Ave / Main Street 60 E Q 212th St SW / 80th Ave W 60CU R 212th St SW / 77th PI W 60 S 9th Ave N / Main Street 60 'E T Highway 99 / 212th St SW 60 j U SR-104 / 236th St SW 60 a V SR-104 / 238th St SW 60 W Highway 99 / 228th St SW Packet Pg. 31 X Highway 99 / 244th St SW Intersections 'o lllllppw�,—� 611 St SU/ 2.4.a Packet Pg. 32 An ■ All v Ab lJ Highway 99 & 216 Ih St SW Score: 70 � � Intersections 1 J , 2.4.a 2 T _ o _ a� L a a� E Q Q Packet Pg. 34 Lighting Prioritization Scoring o ID Location Description Sc 9 ST-1 Highway 99 232nd St SW and 234th St SW E ST-2 Highway 99 south of 220th St SW E Cn ST-3 Highway 99 south of 230th St SW E �, ST-4 Highway 99 north of 224th St SW E L ST-5 Highway 99 236th St SW and 238th St SW E n ST-6 Highway 99 228th St SW and 230th St SW E 3 ST-7 SR-104 south of 238th St SW E ST-8 Highway 99 north of 236th St SW E N ST-9 Highway 99 238th St SW and 240th St SW (.2 ST-10 Highway 99 SR-104 and 244th St SW E ST-11 SR-104 north of 238th St SW E o ST-12 SR-104 west of 100th Ave W E r ST-13 Highway 99 south of 224th St SW c E L ST-14 212th St SW east of 80th Ave W E a ST-15 228th St SW west of Highway 99 E ST-16 236th St SW west of Highway 99 a E ST-17 Sunset Ave S Main Street and Dayton StreetCU a ST-18 76h Ave W north of 212th St SW ST-19 236th St SW east of Highway 99 c ST-20 3rd Ave N south of Bell Street ST-21 212th St SW west of Highway 99 a ST-22 W Dayton St west of SR-104 5o ST-23 Main Street west of 9th Ave PacketPg.35 ST-24 3rd Ave N south of Caspers Street Street Segments 7 2.4.a 2 LMl T � 3 N 1 O .N y O � � N r t a C� R Harb-or Q Frtlgbt 7AIs +r �. !f C E Packet Pg. 36 Street Segments -. F N ., 0 f t lAr Packet Pg. 37 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 Questions ? 10.- WOODWAY U) --- City w Park Q w a ❑ C Co ❑ 02 w z I w Co F_ 244TH ST SW MEADD,n. 196TH ST SW 212TH ST SW Meadowdale Beach Park 176TH ST SV 180TH ST w Q � v N 188TH ST SW YNNWOOD L Cz d 3 w Q Q � 00 t Co � as 200TH ST SW +r d d N 204TH Sl E 208TH ST SW Q C d t —I w Q I� H PIS SW 228TH ST SW I I MOUNT�-AKI TERRA m� 235TH PL SW �- m LAKE BALLINGER WAY 244TH ST SW Q