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HomeMy WebLinkAbout2521 - Snohomish County - Agreement - ILA for Municipal Road and Street ServicesINTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET SERVICES WITHIN THE CITY OF MARYSVILLE This INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET SERVICES WITH IN THE CITY OF MAR YSV ILLE (this "Agreement"), is made and entered into, by and between SNO HOMISH COUNTY, a political subdivision of the State of Wash ington (the "County'·), and the CITY OF MARYSVILLE, a Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW. RECITALS A. Pursuant to an Interlocal Agreement for Municipal Road and Street Services within the City of Marysville (hereinafter "the Original Agreement'.) dated November 15. 20 13, the County has historically performed street and road services for the City. B. The County and the City agree that it is mutually beneficial for the County and the City to continue wo rking together cooperat ive ly. Pursuant to this Agreement, chapter 39.34 RCW, RCW 35.77.020 through .040 and RCW 36.75.207, the City and County wish to both provide and receive street and road services from one another. C. It is the intention of the parties that the duties and obligations of this Agreement substi tute fo r, and supersede the duties and obligations of, the Original Agreement as set fo rth in Section 17.1 below. D. Pursuant to Section 4 below, the requesting party sha ll reimburse the performing party for its actual costs incurred in performing the requested services. including time, labor, equipment, materials, and administrative overhead, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the respective agreements set fo rth below and fo r other good and va luable consideration, the receipt and sufficiency of which are hereby acknowledged, the Cou nty and the City agree as fo llows: 1. Purpose of Agreement. Thi s Agreemen t is authorized by and entered into pursuant to chapter 39.34 RCW. RCW 35.77.020 through .040 and RCW 36.75.207. The purpose and intent of this Agreement is for th e County and the City to work together to design and construct small capital projects on City and County streets and bridges and to maintain City and County streets and bridges. (Rev. 10-2021) !NTERLOCAL AGREEMENT FOR MU ICIPAL ROAD AND STREET I of 11 SERV ICES WITHIN THE CITY OF MARYSVILLE 2. Effective Date and Duration. This Agreement shall not take effect unl ess and until it has been duly executed by both parties and ei ther fi led with the Co unty Auditor or posted on the County's Interlocal Agreements website. This Agreement shall remain in effect through December 31, 2026, unless earlier term in ated pursuant to the provis ions of Section 14 below; PROVIDED HOW EVER, that the term of thi s Agreement may be extended or renewed for up to two (2) additional three (3) year terms by written notice from the County to the City, PROVIDED FU RTH ER that each party 's obli gations after December 3 1, 202 1, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. 3. Ad ministrators. Each party to this Agreement shall designate an individua l (an "Adm inistrator ..). who may be designated by title or position, to oversee and adm inister such party's participation in this Agreement. The parties' initial Administrators shall be the fo llowing individuals: County's Initial Administrator: City's Initial Admini strator: Doug McCormick, P.E., County Engineer Jeff Laycock, PE, Director Snohomish County Public Works Public Works Eng inee ring and 3000 Rockefeller A venue MIS 607 Transportation Services Everett, WA 9820 I 80 Colum bia A venue Marysv ille, WA 98270 Either party may change its Ad mini strator at any time by delivering written notice of such party's new Administrator to the other party 4. Scope of Services. The scope of the road and street services (the "'Services") in cludes but shall not be limited to the fo ll owing: a. Construction of small capita l projects on City or County streets and bridges, not subject to mandatory competiti ve bidding, as determined by the City or County, and which do not exceed $10,000 fo r a single project or activity as established by state law. b. Maintenance services on City or County streets and bridges (i ncluding, but not limited to the list of municipal road and street services contained in Appendix A and B), to maintain the faci li ty, as nearly as practical in its ori ginal as co nstructed condition or its subsequently improved condition , and th e operation of roadway facilities and services to provide satisfa ctory and sa fe motor vehi cle transportat ion. (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MU ICIPAL ROAD A D STREET 2of11 SERVICES WITHIN THE CITY OF MARYSVILLE c. Engineering and adm ini strative services including clerical services, necessary for the planning, establishment, construction, and maintenance of the streets and bridges of the City or County. 5. Process for Delivery of Services. 5. I Submi ssion of Work Orders. If the City or County (the "requesting party") desires that th e other party perform (the "performing party") any of the Se rvices, the requesting party shall submit to the performing party's Administrator, or hi s or her designee, a Work Order in substantia l form to that attached hereto in Appendi x C. The performing party shall complete a Work Order in whi ch it shall describe in detail the Services to be performed and shall state the desired completion date. The performing party may in its sole di scretion require additional information from the requestin g party, including but not limited to, a road plan and pro fil e or sketches. Neither party shall not submit any Work Orders for which the cost for design, right-of-way acquisition, construction, or maintenance are reimbursa ble with Federal funds or Federal grants. 5. 1.1 Work Orders for Winter Maintenance. Either party, at its own discretion, may su bmit an an nual Work Order fo r winter maintenance operations. Any such annual Work Order shall include a plan identifying the routes on which the requesting party desires winter maintenance services to be performed. Unless otherwi se notified by the requesti ng party, the performi ng pa1ty will conduct winter maintenance operati ons on the roads and streets identified in the plan at those times the performing party has mobilized winter operations in the general area. Provided an annual Work Order request has been submitted by the requestin g party and accepted by the performing party, individual Work Order requests will not be required to initiate a response to snow and ice events. 5.1.2 Work Orders fo r Ongoing Mai ntenance. Either party, at its own discretion, may submit an annual Work Order for ongoing maintenance operations. Any such annual Work Order shall include a plan identifying the routes on which the requesting party desires ongoing maintenance and desc ribe in detail the maintenance operations requested. Unless otherwise notified by the requesting party, the performing party wi ll conduct ongoing maintenance operati ons on the requesting party's roads and streets identified in the plan . Provided an annua l Work Order request has been submitted by the requesting party and accepted by the performing party, individual Work Order requests will not be required to initiate the performance of ongoing maintenance operations. 5. 1.3 Work Orders for Emergency Response Services. Either party, at its own discreti on, may submit an annual Work Order for emergency response serv ices. Any such annual Work Order shall inc lude a plan identi fyi ng tri ggering emergency events and the routes on which the requestin g party desires emergency response services as well as describe in detail the emergency operations requested. Un less otherwise notified by the requesting party, the perform ing party will conduct emergency response operations on th e roads and streets identified in the plan upon the occurrence of an emergency event. Provid ed an annual Wo rk Order request has been submitted by the requesting party and accepted by the performing party, individual Work Ord er req uests will not be required to (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MU ICIPAL ROAD A D STREET 3of1 1 SERVICES WITHI N THE CITY OF MARYSV ILLE initiate the response to an emergency event. 5.2 Res ponse to Work Orders. Upon recei pt of a Work Order, the perform ing patty shall review the Services requested therein. In its sole discretion. the performing party may agree to accept or reject the Work Order. Should the Work Order be rejected, the performing party shall make a notation to that effect on the Work Order and return it to the requesting party. Should the Work Order be accepted, the performing party shal l (I) make a notation to that effect on the Work Order, and (2) prepare an Estimate of the tim e and costs for the requested Serv ices as well as the time and cost of preparing said Estimate, whi ch it wi ll attach to the Work Order. The Estimate is non-binding and does not constitute a bid or contract maximum, and the requesting party shall remain liable for the entire actual cost as described in Secti on 8 be low. Once the Esti mate has been attached to the Work Order, the Work Order and Estimate shal l be returned to the requesting party. 5.3 Notice to Proceed. Upon receipt of a responsive Work Order and Estimate the requesting party may issue a written Notice to Proceed authorizing the perfo rming party to perform the requested Services. The issuance of a Notice to Proceed shal I constitute a representation by th e requesting party that (I) it finds the Estimate acceptab le, and (2) sufficient funds are appropriated to cover the cost of the Services. 5.4 Performing Party. Upo n issuance ofa otice to Proceed, the Admi nistrators or th eir designated agents shall final ize wo rking procedures associated with the del ivery of the Services. The performing party shall furn ish and supply all necessary labor, supervision, machinery, equ ipment, material and supplies other than those required to be furni shed by the requesting party, PROV ID ED HOWEVER that the performance of work shall be subject to availability of personnel , equipment, and materials necessary to perform the Serv ices without unduly disrupting the normal operati ons and functions of the performing party. The performing party shall notify the requesting party ofany inability to perform under this Ag reement, including postponement of Services due to workload constraints. 5.5 Changes to Work Orders by the Requestin g Party. The requesting party ma y make changes to the requested Services by submitting a new Work Order outlining in detail the desired changes to the Se rvices. The performing party, in its sole discretion, may accept or reject the new Work Order, PROVID ED HOWEVER that the acceptance is not required where the requesting party is term inating work pursuant to Section 14.2 below. The requesting party shall be liable fo r all increases in cost, if an y, which may be incurred by changes to the Services, including but not limited to clean-up and striping costs and any non-cancelable costs. 5.6 Changes to Work Orders by the Performing Party. After issuance of a Notice to Proceed, the performing party shall prov ide the requ esting party with written notification of any changes to the Work Order required by the performing party when such changes will substantially a lter the nature of the Services or the Estimate. The performing party shall obtain th e requesting party 's written approval to any such changes before implementing them. (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MUN ICIPAL ROAD A D STREET 4 of11 SE RVICES WITHIN TH E CITY OF MARYSV ILLE 5.7 Authority of Administrators. By entering into thi s Agreement and upon it becoming effecti ve as desc ribed in Section 2 above. both parties authorize their respecti ve Administrators to accept, deny, and negotiate the Work Orders described in this Secti on 4, including any associated increase, decrease, or other change to the costs of the Services. 6. Services Provided. 6.1 Lead Agency. The County shall serve as th e lead agency for the Services provided by the County. The City shall serve as the lead agency fo r Services provided by the City. 6.2 Services. The perfo rming party shall solely determine the schedule for the Services. The performing party will provide the requ esting party with a fu ll and complete copy of any construction design plans. The performing party shall segregate the costs of the Services from other wo rk they may be performing. 6.3 Independent Contractor. The performing party shall perform the work as an independent contractor and not as an agent, employee, or servant of the other party. The perfo rming party shall be solely responsibl e fo r control, supervision, direction and discipline of its personnel, who shall be empl oyees and agents of the performing party. 7. Cooperation by Requesting Party. 7. 1 Agreement to Cooperate. The requesting party shall cooperate in completing the Services. The requesting party shall make its personnel, including but not limi ted to its Poli ce and Publi c Works Departm ent staff, availabl e at reasonable times and upon reasonable advance notice, fo r purposes of fac ilitating the performance of th e Serv ices, including but not lim ited to an y safety pl anning meeting the perfo rmi ng party schedules for purposes of discussing traffic control issues. Upon request by the perfo rming party's Administrator or his or her agent and before any work is commenced, the request ing party shall ord er the temporary clos ing to traffic of all roads and streets, or portions thereof, as deemed necessary by the performing pa11y, in its so le di scretion, to perfo rm the Services. 7.2 Grant of Access. The requesting pa rty certifies that it owns the rea l property or right-of-ways upon which the Services shall be rendered and add itional real property or right-of-ways are not needed to complete the Services. The requesting party furth er grants to the performing pa11y, for the purpose ofperforming Services purs uant to this Agreement, permi ssion and ri ght-of-entry on, over, under, above and through real pro pe11y owned by the requesting party and those rights-of-way and W DOT rights-of-way that the requesting party is responsible for maintaining that are necessary or conve nient for the performin g party to access in perfo rming the Services. 7.3 Coordination wi th WSDOT and Utilities. Should. in provid ing the Services, it become necessary or convenient for the performing party to enter in, on, over. under or above a ri ght-of-way owned by WSDOT or any utility or impact any equipment owned by WSDOT or any utility, the perform ing party sha ll notify the requesting party, {Rev. 10-2021) INTERLOCAL AGREEMENT FOR MU ICIPAL ROAD A D STREET 5of11 SERVICES WITHIN TH E CITY OF MARYSVILLE and the requesting party shall cooperate in the efforts to coordinate with WSDOT and/or the utility to obtain any requ ired approvals and/or perm its authorizing such activ ity. 7.4 Permitting. At least thirty (30) days prior to the delivery of any requested Services, th e requesting party shall obtain and prov ide to the perfo rming party copies ofall perm its necessary for the Services. 7.5 Party's Powers. Nothing contained herein shall be construed as in any way divesting either party of any of its powers with respect to the supervision, management, and contro l of roads and streets with in its boundaries. 8. Payment by Requesting Party. 8.1 Actual Costs. The pe rforming party shall be reimbursed in full by the requesting party for the actual costs of the Se rvices provided on a time and materials basis plus an admini strative overhead charge as described in Secti on 8.2 below. The performing party agrees that only those costs directl y allocable to the Services under generally accepted accoun ti ng procedures will be charged to the requesting party. In computing the cost of the use of machinery and equipment. the perfo rming party shall charge the requesting party for the full cost to the perform in g party of rental mach inery and equipment and any operator furni shed therewith and/or the perfo rming party's equipm ent re ntal rate on performing patty-owned machinery and equipment. 8.2 Administrati ve Overhead. For the purpose of fi xi ng the compensation to be pa id by the requestin g party for the Se rvices, it is agreed that there shall be in clu ded in each billing, to cover administrati ve costs, an amount not to exceed each party's administrati ve rate. The County rate is currently set at 20% of the total labor cost to the County for those County employees performing Services for the City under this Agreement. The Ci ty rates is currently set at 20% of the total labor cost to the City for those City employees performi ng Services fo r the County under this Agreement. Charges fo r administrative costs are in addition to charges for materials and equipment. This rate may be reasonably adjusted annu ally to refl ect changes in actual adm in istrative costs without the need for a fo rmal amendment of thi s Agreement. 8.3 In voicing and Pay ment. The performing party shall in vo ice th e requesting party or its designee for all Services perfo rmed by the performing party. The requesting party shall remain liable for complete and timely payment of all amounts invoiced. Invo ices may be sent monthl y, quarterl y or on any other schedule th at is mutually convenient to the parties. The performing party shall include in each invo ice, documentation of all costs for labor, materials and equipment included in the invo ice. Unless the req uesting party delivers written noti ce to th e performing party disputing th e amount of a part icular invoice, the requesting party shall make payment on all invoices submitted by the performing party withi n thirty (30) days of the in voice date. Amounts not paid within 30 days of the invoice date shall thereafter accrue interest at a rate of twelve pe rcent per annum or one percent per month. (Rev. 10-2021) INTE RLOCAL AGREEMENT FOR MUN ICIPAL RO AD A D STREET 6 of11 SERVICES WITHI N THE CITY OF MARYSVILLE 8.4 Records. The parti es shall maintain accurate time and accounting records related to the Services for a period of three (3) years fo llowing fi na l payment . 9. Indemnification/Hold Ha rmless. Each party sha ll protect, defend , indemnify and save harm less the other party, its officers, officials, employees and agents while acting within the scope oftheir empl oyment as such, from any and all suits, costs, claim s, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind ari sing out of, or in connection with, or incident to the services associated with this Agreement caused by or resulting from each party's own neg ligent acts or omissions. Each party agrees that it is fu ll y respons ible for the acts and omissions of its own subcontracto rs, their empl oyees and agents, acting within the scope of their employment as such, as it is for the acts and omiss ions of its own employees and agents. Each party agrees that its obligati ons under thi s provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agen ts. The foregoi ng indemnity is specifically and ex press ly intended to constitute a waiver of each party's immun ity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only lo the ex tent necessary to provide th e indemnified party with a full and complete indemnity of clai ms made by the indemnitor's employees. The parties acknowledge that these prov isions were specifica lly negotiated and agreed upon by th em. The provisions of this Section 9 shall surv ive the expiration or earlier termi nation of this Agreement. 10. Liability Related to Citv Ordinances, Policies, Rules and Regulations. In executing this Agreement , the perform ing party does not assume liabi lity or responsibility for or in any way release th e requesting party from any li ability or responsibility which ari ses in whole or in part fr om the existence or effect of the requesting party's ord inances, policies, rules or regulati ons. If any cause , claim , suit, action or admin istrative proceeding is commenced in which the enfo rceability and/or validity of any such ordinance, po licy, ru le or regulation is at iss ue, the requesting party shall defend the same at its sole expense and, if j udgment is entered or damages are awarded agai nst the City, the Coun ty, or both , the requesting parry shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 11. Insurance. Each party shall maintain its own insurance and/or self-insurance fo r its obl igations from damage to property and/or inj uries to persons arising ou t of its activities associated with this Agreement as it deems reaso nabl y appropriate and prud ent. The maintenance of. or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnify ing part to the indemn ifi ed party(s). Eac h Party shall provide the other with a certi ficate of insurance or letter of self-insurance annually as the case may be. (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD A D STREET 7of1 1 SE RVICES WITHIN THE CITY OF MARYSVILLE Each party shall prov ide or purchase workers' compensation insurance coverage to meet the Washington State Industrial Insurance regulations and cause any subcontractors working on behalf ofsaid party to also carry such in surance prior to perform ing work under the Agreement. 12. Compliance with Laws. In the performance of its obligations under thi s Agreement, each party shal l comply with all applicable federal, state, and local laws, rules and regu lations. 13. Default and Remedies. 13.1 Defaull. If either the County or the City fails to perfo rm any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such fa ilure to th e non-performing parry. The non-performing party shall ha ve thirty (30) days after its receipt of such notice in which to correct its fai lure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non -perform ance is of a type that cou ld not reasonably be cured within sa id thirty (30) day period, then the non-perform ing party shall not be in Default if it commences cure within sa id th irty (30) day period and thereafter di ligently pursues cure to completion. 13.2 Remed ies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 13.1 above, the non­ Defaulti ng party shall have the right to exercise any or all ri ghts and remedies available to it in law or equity. 14. Early Termination. 14. 1 30 Days' Notice. Except as provided in Section 14.2 below, either party may terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days' advance written notice to the other party. The term ination notice shall specify the date on which the Agreement shall terminate. 14.2 Lack of Fund ing. This Agreement is contingent upon govern mental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after th e effective date of this Agreement, this Agreement may be terminated by either party immediately by deli vering written notice to the other party. The termination notice shall specify the date on which the Agreement shall terminate. 14.3 Calcu lation of Costs Due Upon Early Term ination. Upon early term ination of th is Agreement as prov ided in this Section 14, the City and County shall pay for all Services performed up to the date of termination, as we ll as the costs of any and al l non-cancelable obligations. The County and Cou nt y shal l notify the other within thirty (30) days of the date of termination of all remaining costs includin g non-cancelable costs. (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 8of11 SERVICES WITHI N THE CITY OF MARYSVILLE Term ination costs charged shall not exceed the actual costs incurred as a result of early termination. o payment shall be made for any expense incurred or Services perfo rmed fo llowi ng the effective date of termi nation unless authori zed in writing by the other party. 15. Dispute Resolution. In the event differences between the parties should arise over the terms and conditions or the performance of th is Agreement, the parties shall use their best efforts to resolve those differences on an informal basis. If th ose differences cannot be resolved informall y, the matter shall be referred for mediation to a mediator mutually selected by the parties. If mediation is not successful , either of the parties may institute legal action for specific performance of this Agreement or for damages. 16. Notices. All notices required to be given by any party to the other party under th is Agreement shall be in writing and shall be delive red either in person, by United States mail, or by electronic mai l (emai l) to the app licable Adm ini strator or the Admi nistrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. otice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepa id, and addressed to the Administrator, or their designee, at th e addresses set forth in Section 3 of thi s Agreement. Notice delivered by email shall be deemed given as of the date and time received by th e rec ipient. 17. Miscellaneous. 17. 1 Entire Agreement; Amendment. This Agree ment constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes any and all pri or oral or written agreements between the parties regarding the subject matter contained herein, including but not limited to the Origi nal Agreement PROVIDED HOWEVER, that the parties' duties and obligations under the Original Agreement regarding insurance and indemnification shal l survive as to any claims, actions, suits, liability. loss, expenses, damages and judgments of any nature whatsoever. including costs and attorneys ' fees in defense thereo f. known or unknown, for injury. sickness, disabi lity or death to persons or damage to property or business, arising pri or to the Effective Date of this Agree ment. Thi s Agreement may not be modified or amended in any manner except by a written document executed with th e sa me formalities as required for this Agreement and signed by the party against whom such modi fi cation is sought to be enforced. 17.2 Co nfli cts between Attachments and Text. Should any connicts exist between any attached exhi bit or sched ule and the text or ma in body of this Agreement, the text or main body of this Agreement shall preva il. 17.3 Governin g Law and Venue. Th is Ag reement shall be governed by and enforced in accordan ce with the laws of the State of Washington. The venue of any action arising out of th is Agreement sha l I be in the Superior Court of the State of Washington, in (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MU ICIPAL ROAD A D STREET 9of 11 SERVICES WITHIN TH E CITY OF MARYSVILLE and for Snohomish County. In the event th at a lawsuit is instituted to enforce any provision of thi s Agreement, the prevai ling party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fee s. 17.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been expli citly negotiated by the parties, and the language in al l parts of thi s Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. Thi s Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 17.5 Severability. If any provision ofthis Agreement or the application thereof to any person or circumstance shall, fo r any reason and to any extent, be fo und invalid or unenforceab le, the remainder of thi s Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 17.6 No Waiver. A party's forbearance or delay in exercising any ri ght or remedy with respect to a Default by the other party under this Agreement shall not constitute a waiver of the Default at issue. Nor sha ll a waiver by either party of any particular Default constitute a waiver of any other Default or any similar future Default. 17.7 No Assignment. This Agreement shal l not be ass igned, either in whole or in part, by ei ther party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign thi s Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 17.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authori zed to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 17.9 No Joint Venture. Nothing contained in thi s Agreement shall be constru ed as creating any type or manner of partnership, joint venture or other joint enterprise between th e parties. 17. 10 No Separate Entity Necessary. The parties agree that no separate legal or admini strati ve entities are necessary to carry out this Agreement. 17. I I Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acq ui red by ei ther party in connection with its performance under this Agreement will remain the sole property ofsuch party, and th e other party sha ll have no interest th erein . (Rev. 10-2021) INTERLOCAL AGREEMENT FOR MU ICIPAL ROAD A D STREET 10of11 SERVICES WITHIN THE CITY OF MARYSVIL LE 17.12 No Third Party Benefi ciaries. Thi s Agreement and each and every prov ision hereof is for th e sole benefit of the City and the County. No other persons or parties shall be deemed to have any rights in, under or to thi s Agreement. 17.13 Execution in Co unterparts. Thi s Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WH EREOF, the parties have executed thi s Agreement as ofthe date of the last party to sign. COUNTY: CITY: Snohomish County, a poli tica l subdi vision City of Marysv ille, a Washington of the State of Was hington muni cipal corporation Ti tle: Approved as to Form : Approved as to Form: Isl Geo rge Marsh I 0/06/202 1 Deputy Prosecuting Attorney [The remainder ofthis page is intentionally left blank.} (Rev. 10-202 1) fNTE RLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 11of11 SERVICES WITHIN THE CITY OF MARYSV ILLE APPENDIX A MUNICIPAL ROAD AND STREET SERVICES Snohomish County -Road Maintenance Division Work Operations (Estimates provided on a per project basis) Drainage: •Catch Basin Routine Maintenance: Manually clean catch basins to ensure drainage flow is not restricted. This includes removing debris from the inlet and/or cleaning the catch portion of t he st ructure. • Catch Basin Mechanical Cleaning: Mechanically remove sediment and debris from the catch basin using a vactor or eductor truck using vacuum hose and water jet as necessary t o ensure drainage system remains free of material and flows are not restricted. •Culvert Cleaning, and Inspection, Manual: Inspecting and manually cleaning culvert inlets and outlets. • Culvert Cleaning, Mechanical: Use mechanical equipment for cleaning the culvert such as vactor, flusher or a backhoe to clean inlets and outfalls to remove obstructions. • Detention/Retention Basin Maintenance: Remove accumulated sediment, vegetation and deb ris from detention/retention basins to maintain design capacity to al low for proper function of the structure. Removal may be by manual or mechanical means and may include clean ing inlet and outlet grates/pipes. • Ditch Maintenance: Cleaning or re-shaping a man-made, open, storm water conveyance system that was constructed to carry storm wat er onto, through, or away from the highway right-of-way (i.e., not a modified stream). This operation does not include the acquisition of any permit ting if required. •Underground Retention/Detention Facility Maintenance: Mechanically or manually clean and/or inspect underground detention/retention facilities on the right of way to mai ntai n proper des ign capacity for the structure . This activity requires compliance with confined space regulations. Pavement Maintenance and Repair: • Crack and Joint Sealing: Repair defect s in pavement surface by instal ling crack fi lling material to prevent water from entering the sub-grade. Cracks are cleaned and routed prior to filling. • Install Lane Markers/Raised Pavement Markers: Install lane markers to replace worn ma rkers or to faci litate design changes in the channelization. A-I • Installation, Maintenance and Repair of Guardrail: Maintain and repair guardrail; adjust cab le tension; repair damage ca used by collisions; upgrade terminal en d sections; adjust height and alignment; Install new guardrail to design specifications. • Manual Pavement Patching: To repair the road surface by ha nd spreading asphalt mix (typically hot mix), raking to establish proper grade and compacting with a roller or other available means. Repair potholes, edge failures, dips, etc. • Pavement Markings -Thermo-plastic/Durable: Apply durable channelization materia l (typically thermo-plast ic) to the roadway to delineate the lane limits. • Pavement Markings -Paint: Applying channelization to the roa dway surface to delineate lane limits, such as edge lines (including gore lines), skip lines, no pass lines, centerlines, etc. •Sweeping & Cleaning Pavement with Mechanical Pickup Broom: Use mechanical pickup sweeper to remove san d, dirt and accumulated debris from the roadway and shoulders. Special consideration: An advance person may be needed to pick up large debris prior to the sweeping operation. Additional trucks may be needed to haul the sweeper spo ils to an approved waste site. 'No Parking' signs may be needed in advance. •Traffic Sign Repair, Replacement, Maintenance and Installation: Repair, replace, maintain; or install new traffic signs to ensure that operational safety is maintained on the roadway system. Shoulder Maintenance: • Grade I Reshape Shoulders: Use motor grader to pull aggregate from shoulder slope back towards the roadway to eliminate the vertical edge at the edge of pavement. •Shoulder Buildup Removal: Use a motor grader an d belt loa der to remove buildup of sand, dirt an d vegetation at t he edge of shoulder to allow for proper drainage. Snow & Ice : •Anti-Icing and De-icing Application, Liquids: Apply anti-icing liquid to the roadway to reduce the probability of ice forming on the roadway. Apply de-icing li quids to the roadway to aid in ice removal. • Plowing/Sanding/Solid Deicer Application: Remove accumulated snow and slu sh from the roadway and shoulder of the roa dway with a truck-mounted snowplow. Apply sand or other abrasives to roadways to improve traction during freezing weather and snowstorm con ditions. This may include sand applied with pre-wet salt systems or blended with salt in so lid form. Vegetation: • Control Vegetation Obstructions -Manual: Remove veget ation obstructions by manual methods, i.e. shovels, weedeaters, cutters or pulling wee ds, to ensure visibility of signing and intersections. • Cutting/Pruning/Selective Thinning: Use hand tools to cut, trim or thin sma ll amounts of plants in or around planting beds. A-2 • Noxious and Nuisance Weed Control -Spot Spray Non-power Equipment: Use hand sprayer to control noxio us weeds, as identified on the state or county noxious weed list, with ap proved herbicides applied at the recommended application rate. Also manually spray nuisance weeds. An herbicide ap plication record is required for the treat ed area. • Nuisance Vegetation Control -Manual: Use of manual means, i.e., hand operated t rimmers, mowers, lopping shears, hand sprayer, saws, axes, to control undesirable vegetation obstructing line of sight or clear zo ne i.e., alders, blackberries an d certain species of grasses. • Nuisance Vegetation Control -Mechanical: Use power-operated equipment, i.e., mowers and brush cutters, to control undesirable vegetation i.e., alders, and blackberries, etc. • Tree Trimming/Tree Canopy Maintenance: Use boom t ruck/bucket truck, saws and chippers to trim t rees and canopied/encroaching shrubs to maintain clear zones, sight distance, pedestrian access, etc. • Roadside Mowing: Mow with mechanical mower to co ntrol grass height and trim undesirable vegetation. Other services provided: • Call-out Response for urgent or emergency situations • Catch Basin/ Manhole Repair or Replacement • Chip Seals; Project or Patching • Culvert Repair or Replacement • Guidepost and Delineator Replacement • Hauling and Disposal of Waste Material • Hydro Seeding and Mulching • Instructor, Equipment Training and Other Training Courses • Maintenance and Repair of Concrete Structures • Mechanical Pavement Patching, Paverbox • Noxious Weed Control -Mechanical • Noxious Weed Control -Manual • Pavement Milling/Full Depth Repair (small, localized areas) • Pavement Patching with Subgrade Repair • Rip Rap and Cribbing Repair • Seeding, Mulching, and Planting including native species. • Shoulder Washout Repair • Slope Repair, Slide Clean up & Maintenance • Traffic Control for Mobile Operations • Traffic Control for Stationary Operations • Vactor Waste Recycling/Disposal A-3 APPENDIX B MUNICIPAL ROAD AND STREET SERVICES Snohomish County -Bridge Operations Work Operations (Estimates provided on a per project basis) Bridge Inspection: • Bridge Inspection Services: Routine and special bridge inspections, completion of bri dge inspection reports (including photos and descriptions of the inspection), and entry of bridge inspection data into the Washington State Bri dge Inventory System. The Cou nty's performance of inspections and reports shall be consistent with the National Bridge Inspection Standards as set forth in the current ve rsion of the Washi ngton State Bridge Inspection Manual. IOther services provided: 8-1 APPENDIX C MUNICIPAL ROAD AND STREET SERVICES Snohomish County -Road Maintenance Division Engineering Services Division -Bridge Group Work Order Forms Samples provided below are to be used for Work Order requests made to Snohomish County. Work Order request made to the City shall be provided on a City Work order fo rm . The City Work Order form does not need to be identica l to the Co unty Work Order but should contain the same elements inclu ding an approval section. C-1 ---------- ---------- SNOHOMISH COUNTY PUBLIC WORKS DEPARTMENT ROAD MAINTENANCE DIVISION 8915 Cathcart Way Snohomish, WA 98296 425.388.7500 Fax 425.388.7538 ROAD MAINTENANCE AID AGREEMENT WORK ORDER Agency/Jurisdiction: Submitted By: Date Submitted: ~----------~ Contact Info: Requested Completion Date: ------­ Authorized By: Position/Title: --------------~ (Signature from Agency/Jurisdiction for approval to proceed per Estimated Cost Below) Date Approved: WORK TO BE PERFORMED (Description and/or Sketch) (Attach Additional Pages If Needed) Once completed please email to: Contact.PWRoad@snoco.org For Completion by Snohomish County Road Maintenance Division Estimated Cost For Services: Reimbursable Service Number: RR ~-------~~--------- Approved By: RM Operations Manager: Date: RM Director: Date: -----------------------~ Date of Completion: By: ~--------------------~ C-2 -------------------------- ------------------------ ------------------- SNOHOMISH COUNTY PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES -BRIDGE GROUP 3000 Rockefeller, MIS 607 Everett, WA 98201 PUBLIC WORKS BRIDGE INSPECTION SERVICES WORK ORDER Agency/Jurisdiction: Submitted By: Date Submitted: Contact Info: Requested Completion Date: --­-­-­ Authorized By: --------------~ Position/Title: -------------~ {Signature from Agency/Jurisdiction ror approval to proceed per Estimated Cost Below) Date Approved: WORK TO BE PERFORMED (Description) (Attach Additional Pages If Needed) Once completed please email to: Contact.PWBridge@snoco.org For Completion by Sn ohomish County Engineering Services Division County's Estimated Cost For Services: County Reimbursable Service Number: RR County Work Order Number: (progressive number assigned by order of request) Approved By: Bridge Group Supervisor: Date: ------------------~ ES Director: Date: Date of Completion: By: C-3