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03-033 Road Maintenance Services 1. Spokane .alley Agreement ' Return to: Dantela:Erickson No. CO3-33 • Clerk of the Board Approved: April 22, 2003 1116 West Broadway Ratified: May 27, 2003 Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING PROVISION OF ROAD MAINTENANCE SERVICES (April 1,2003—December 31,2004) THiS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as the "CITY,"jointly hereinafter referred to as the "PARTIES." WiTNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ("BOARD") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will continence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley. Provided, however, Spokane County shall provide road maintenance for a period not to exceed sixty days from the official date of the incorporation or until forty percent (40%) of the anticipated annual tax distribution from the road district tax levy is made to the City of Spokane Valley pursuant to RCW 35.02.140; and • WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City of Spokane Valley desires to provide quality street maintenance and traffic control services for its residents and to contract with Spokane County, through the County Engineer, for these services. Page l of 9 CO3-33 1 NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY, through the County Engineer, will provide street maintenance and traffic control services("Services") to CITY. SECTION NO. 2: DURATION This initial term of this Agreement shall commence sixty (60) days from March 31, 2003 or when forty percent (40%) of the anticipated annual tax distribution from the road district tax levy is made to CITY, whichever is the shorter time period, and run through 12:00 P.M. December 31, 2004. The PARTIES anticipate that the date which CITY will receive forty (40%) percent of the anticipated annual tax distribution from the road district levy will be May 10, 2003. At the conclusion of the initial term, this Agreement shall automatically be renewed upon the same terms and conditions from year to year thereafter effective January 1 to December 31, unless (i) either Party gives written notice of termination to the other Party by June 1 of the preceding calendar year to terminate for the following year or (ii) either Party wants a substantial change in the Agreement which is communicated to the other Party by June 1 of the preceding calendar year. A substantial change shall constitute a change in the dollar level of the contract of+/- 10% as outlined in the budget shown in Exhibit"4a" for 2003 and 2004, and updated annually thereafter. CITY, at its option, may reduce or increase services up to 10% of the dollar level of the contract with 60 days written notice to COUNTY. SECTION NO. 3: COST OF SERVICES AND PAYMENTS in consideration for COUNTY providing base and discretionary services as set forth herein, CITY shall pay COUNTY for actual costs (including direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits) and overhead costs. Standard labor rates can be affected by overtime, extra holiday pay, shift differential, labor contracts, and on-call rates. Labor and equipment rates are shown in Exhibit "4b" and will be reviewed and modified when required. COUNTY will notify CITY in writing of any changes to or modifications of the labor and equipment rates. Estimated costs for the final seven (7) months (approximately) of 2003 and for all of 2004 are shown in Exhibit "4a." CITY will be billed for actual costs when work is completed. Estimated costs for requested services in future years will be provided to CITY as a part of annual budget discussions. Page 2 of 9 • CITY shall pay COUNTY for the full cost (including salary, benefits, supplies, materials, equipment, and administrative overhead costs) of providing CITY with rapid-response staff in responding to emergencies. CITY shall be responsible for all extraordinary costs resulting from CITY'S decision to modify services. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Payments by CITY will be due by the 5th of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. If the CITY believes any completed service does not meet the standards set forth in Section No. 4, the CITY shall provide written notice to the County Engineer ("claim"). The claim shall set forth the location of the service performed and the basis for believing that it does not meet the standards set forth in Section No. 4. Upon receipt of the claim, the County Engineer may cure the deficiency or within five (5) business days of receipt of the claim request a meeting with the City Manager (or designee) to resolve the claim. The request for a meeting shall be in writing directed to the City • Manager. Upon receipt of the request for a meeting, the City Manager (or designee) and County Engineer (or designee) shall meet in good faith and exercise best efforts to resolve the claim. if agreement is reached between the Parties and the County affects a cure, the CITY shall make payment for the service as set forth in Section 3. The CITY may withhold payment during the pendancy of the claim. The City shall not pay additional costs or interest on the amount due if the reason for the cure is to achieve standards set forth in Section No. 4. If the Parties are unable to reach agreement on the claim either Party may request binding arbitration. The arbitrator shall be selected by mutual agreement of the Parties. The arbitrator shall not be an employee or official of the CITY or COUNTY and shall have expertise in the matters set forth in the claim. The Parties shall equally split the cost of arbitration. If the arbitrator denies the claim of the CITY in whole or part and the CITY.has opted not to pay the COUNTY during the pendancy of the claim, the CITY shall be responsible for any lost interest to the COUNTY on the claim or portion of the claim had the CITY paid for the services when billed by the COUNTY. Interest shall be based on the amount earned if deposited in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED • 1. Base Level Services COUNTY will provide street and traffic maintenance services as identified in Exhibit "1" within CITY boundaries at the same level, degree and type as is customarily provided by COUNTY in unincorporated Spokane County. Page 3 of 9 Actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes. COUNTY is a contractor for CiTY and will provide services requested by CITY so long as such services are within COUNTY'S ability to provide. Actual services provided by COUNTY shall be of the type, nature and magnitude subsequently negotiated between CITY and COUNTY during the PARTIES' annual budget and planning processes. After adoption of budget and plan; within the constraints of the base level services program described, CITY may request adjustments to individual tasks in order to meet specific needs. COUNTY shall consider all such requests and, whenever practicable, alter the work program as necessary. COUNTY is a contractor of services only and does not purport to represent CITY professionally other than in providing the services requested by CITY. Any changes to the level and/or scope of services provided under this Agreement which would change the established budget commitment for labor, equipment and materials, shall be negotiated and mutually agreed upon in writing between the COUNTY Engineer and the CITY Manager. The amendment shall be appended to this Agreement 2. Discretionary Services At the request of CITY, COUNTY will provide discretionary services as listed in Exhibit "2." Exhibit "2" may be mutually amended from time to time by written agreement of COUNTY Engineer and CITY Manager. The amendment shall be appended to this Agreement. Other discretionary services, defined as those services which provide an enhanced level of service beyond what is normally provided by COUNTY in the unincorporated areas, and services resulting in installation of new traffic devices (such as traffic signs or pavement markings) or maintenance facilities (such projects which would increase the programmed service levels), will be furnished through the procedure identified in Exhibit"3." 3. COUNTY and CITY Coordination COUNTY will identify specific liaisons for both street and traffic maintenance services to handle day-to-day operational activities related to basic and discretionary services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly to review the performance of this Agreement. Emergency work to protect public safety and/or property will be handled as COUNTY or CITY liaison deems necessary. Emergency work may include, but is not limited to, snow and ice control, slide and/or debris removal, flooding, repair of flood damage to roads and road rights-of-way, repair of traffic signal malfunctions, or replacement of downed stop signs. CiTY liaison will be informed of and involved with the incident as soon as practicable. COUNTY shall, upon receipt of a copy of a right-of-way construction permit issued by CITY Property Services Division to a utility contractor for work to be done within CITY limits, inspect Page 4 of 9 the road restoration work completed by that contractor to ensure that it meets applicable COUNTY or CITY standards. Non-emergency citizen requests will be referred to CITY. CITY will be responsible for prioritizing requests. 4. CiTY Responsibilities in conjunction with COUNTY providing the services described in Subsections l and 2 of this SECTION, CITY, in executing this Agreement, does: (a) Confer on COUNTY the authority to perform the street and traffic maintenance services within CITY limits for the purposes of carrying out this Agreement. (b) Grant COUNTY the authority to act as its agent to inspect roadway restoration done by utility companies within its corporate limits. The inspections will be initiated through CiTY's right-of- way construction permit process. (c) Agree that when COUNTY provides engineering and administrative services for CITY, County Engineer may exercise all the powers and perform all the duties vested by law or by resolution in the City Engineer or other officer or department charged with street administration. (d) Adopt by reference all COUNTY ordinances, resolutions and codes necessary to provide authority for COUNTY to perform the services under this Agreement (for example, road standards, speed limits and parking regulations). SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from time-to-time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Spokane County Engineer 1026 W. Broadway Avenue Spokane, Washington 99260-0170 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Page 5 of 9 Spokane Valley, Washington 99206 • SECTION NO. : COUNTERPARTS . This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the swine. SEC NO. 7: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. • • • Page 6 of 9 SECTION NO. 8: LIABILITY (a), COUNTY agrees to indemnify and defend CITY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of COUNTY, its employees or agents in connection with the services to be performed by COUNTY under the terms of this Agreement. (b) CITY agrees to indemnify and defend COUNTY from any loss, cost or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of CITY, its employees or agents in connection with the obligations of CiTY under the terms of this Agreement. (c) if the negligence or willful misconduct of both COUNTY and CITY, or a person identified above for which each is liable, is a cause of such damage or injury, the loss cost of expenses shall be shared between COUNTY and CITY in a proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply to such proportion. (d) In executing this Agreement, COUNTY does not assume liability or responsibility for or in any way releases CITY from any liability or responsibility which arises in whole or in part from the existence or effect of CiTY ordinances, polices, rules, road standards or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such CITY ordinance, to include its constitutionality, policy, rule or regulation is at issue, CITY shall defend the same at its sole expense and, if judgment is entered or damages are awarded against CITY, COUNTY or both, CITY shall satisfy the same, including all chargeable costs and reasonable attorney's fees. (e) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other Party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (1) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits professional liability and auto liability coverages. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. Page 7 of 9 Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be covered entirely by COUNTY. COUNTY shall furnish all personnel and such resources and materials deemed by COUNTY as necessary to provide the street and traffic services herein described and subsequently authorized by CiTY. SECTION NO. 10: MODIFICATION,TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 180 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon termination, CITY shall be obligated to pay for only those services rendered prior to the date of termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing services under the terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. .12: GENERAL, TERMS This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 13: VENUE. STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Page 8 of 9 SECTION NO. 14: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 1.5: RE DINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16: CONTRACT ADMINISTRATION The PARTIES shall each appoint representatives to review contract performance and resolve problems, which cannot be dealt with by COUNTY and CITY liaisons. The PARTIES shall notify the other in writing of its designated representatives. COUNTY and CITY liaisons will meet periodically, with either Party authorized to call additional meetings with ten days written notice to the other. Any problem, which cannot be resolved by the PARTIES' designated representatives, shall be referred to CITY Manager and the Spokane County Engineer for settlement. SECTION NO. 17: AUDITS AND INSPECTIONS The records and documents, with respect to all matters covered by this Agreement, shall be subject to inspection, review, or audit by COUNTY or CITY during the term of this contract and three (3) years after termination. SECTION NO. 18 RECORDS All records prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of the COUNTY. Upon termination of this Agreement, COUNTY agrees to make copies of all such records which may be requested by CiTY. • Page 9 of 9 IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: 6/4/7.26a BOARD OF COUNTY COMMISSIONERS ••••‘� OF SPOKANE, COUNTY, WASHINGTON COMATjs� I�. O .a c �P � • a� • ;, 'IRIS LEY ATTEST: h • sPni....•' • VICKI M. DALTON `.‘� _ CLERK OF THE BOARD a r-111 LIP D. •°.• S. • I aniela Erickson, Deputy . �"•' E CASLIN DATED: 4 t 29 14_c CITY OF SPOKANE VALLEY: City Clerk (Title) Approved as to form only: • A • : ity • .tr-y • Page 10 of 9 • IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON JOHN ROSKELLEY ATTEST: VICKY M. DALTON CLERK OF THE BOARD PHILLIP D. HARRIS, Chair BY: Daniela Erickson, Deputy M. KATE MeCASLIN DATED: 4 lQA. a9 1dO3 CITY OF SPOKANE VALLEY: tta-t—a By: ��---Its: �� y ! e r City Clerk (Title) Approved as to form only: it— Ac it C Page 10 of 9 •. , BASE .LEVEL SERVICES Spokane County will provide street and traffic maintenance services within CITY limits of Spokane Valley at the levels described in Section 1 of the Agreement, as follows (actual levels of service provided by COUNTY will be those adopted by CITY and COUNTY in annual budget processes).Traffic and street maintenance service levels as set by CITY shall reflect City policies and may or may not be similar to County policies. CITY shall be solely responsible for setting service level policies for all roadway features. COUNTY is merely a contractor for purposes of implementation of City policy. 1. Street Maintenance - The following are examples of street maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and manner requested by CiTY. 1.1 Traveled Way/Roadway Surface: Patching, crack sealing, prelevel, pavement replacement, grading, gravelling, sweeping and flushing. 1.2 Shoulders: Restoration and repair. 1.3 Drainage: Cleaning debris from drainage pipes, catch basins, drywells, culverts, ditches, gutters, and curb and gutter inlets. Repairing damage to existing drainage facilities such as drainage pipes, catch basins, drywells, culverts, ditches, gutters and curb and gutter inlets. 1.4 Winter Maintenance: Sanding, liquid de-icing, snow removal and chasing water from roadway surfaces. 1.5 Roadside: Cutting or trimming bushes or limbs blocking visibility. 2. Traffic Maintenance - The following are examples of traffic maintenance services provided by COUNTY. Actual services will be in the magnitude, nature and manner requested by CiTY. 2.1 Sign Maintenance: Replacing faded sign faces and broken posts, straightening leaning posts, relocating signs for visibility or pedestrian safety, maintenance of vandalized signs or signs damaged by vehicle accidents, inspection of signs to check for visibility or pedestrian safety, maintenance of vandalized signs or signs to check for reflectivity, removal of signs when appropriate. 2.2 Crosswalk Marking: Refurbishing, installing new, and removal when appropriate. EXHIBIT "1" Page 1 of 2 2.3 Stop Bars Marking: Refurbishing, installing new and removal when appropriate. 2.4 Arrows,/Legends Marking: Refurbishing, installing new and removing when appropriate. 2.5 Curb Painting: Maintenance of curbing, islands, and parking stalls. 2.6 Raised Pavement Markers: Removal and replacement of raised pavement markers or rumble bars. 2.7 Striping: Painting linear road stripes on pavement, such as centerlines, edge lines, radius and channelization, and removal of line, stripes or symbols from the pavement. 2.8 Street Lights: Replacement of light bulbs in existing street lights not maintained by power companies, repair and replacement of street light heads, poles or wiring. 2.9 Utility Locating: Locating underground traffic facilities for utilities or other digging operations. 2.10 Signal Maintenance: Replacing and cleaning light systems for signal and flasher displays and signs, installation and repair of vehicle detector loops, checking and adjusting signal timing, examining traffic signal operation to assure it is operating as intended, inspecting hardware for wear or deficiencies, testing and repairing of electronic control devices and components, repair or replacement of signal and flasher displays, supports or wiring external to controller cabinet, modification of controller cabinets, testing of new and modified cabinets and control devices, traffic counter testing and repair and preventative maintenance. 2.11 Flasher/Crosswalk Preventative Maintenance: Examining to assure equipment is operating as intended and inspecting hardware for wear or deficiencies and repairing components as required. Page 2 of 2 • DISCRETIONA=RY SERVICES Spokane County will provide the following road discretionary services within CITY limits of Spokane Valley at the same level, degree and type as is customarily provided by COUNTY in the unincorporated areas. Actual services provided will be those requested by CITY. Such services will be in the magnitude, nature and manner requested by CITY. CITY will set its own service standards for all discretionary services. Discretionary services shall be requested by CITY as outlined in Exhibit"3". 1. Provide street overlays, fog seals and other roadway surface protection and improvements. 2. Dust Oil Preparation • 3. Sidewalk and path maintenance 4. Guardrail and right-of-way fence maintenance • 5. Curb Maintenance 6. Median Maintenance 7. Roadside mowing; tree clearing and removal 8. Weed control 9. Irrigation repair and maintenance 10. Litter and dead animal pickup 11. Contour control 12. Weight restriction suing 13. Such other specific services as CITY may direct, and COUNTY shall accept, to perform. • EXHIBIT "2" DISCRETIONARY SERVICE REQUEST PROCEDURE 1. Request for services is received or identified by CITY. 2. CITY determines if it is a discretionary or basic service request. If it is a discretionary request, CiTY liaison fills out a Request for Discretionary Road Maintenance Service Form A (attached). 3. CITY Manager or designee signs Form A under the Authorization for Request of Discretionary Service" section. 4. Form A is faxed to COUNTY liaison. 5. COUNTY liaison delegates the request to the appropriate section for investigation. 6. Following the investigation, the Form B section of the discretionary request is filled in by, the appropriate section representative (Form B includes the recommended action, cost estimate, work order number and proposed schedule-see attached). 7. COUNTY Engineer or designee reviews the request and signs if approved. The signed Form B is forwarded to CITY. 8. If the cost estimate is over $500, Form B is faxed back. to CITY liaison for an approval signature by CITY Manager or designee to expend over that amount. 9. Once Form B has been completed and returned to the appropriate section, the work is scheduled. 10. When the work has been finished, a copy of the completed work order is mailed or faxed to CITY. 11. COUNTY and City liaisons maintain a file of completed Work Orders and copies of the associated discretionary service request form. EXHIBIT "3" Page 1 of 2 • CITY OF SPOKANE VALLEY REQUEST AND APPROVAL FOR DISCRETIONARY ROAD MAINTENANCE SERVICES FORM A Request Number: Nature of Request: Location: Requester Name: Telephone: Fax: Authorization of Request of Discretionary Service: City of Spokane Valley Authorized Signature Date FORM B Date: Project/Work Order Number: Recommended Action: Cost Estimate: Proposed Schedule: Authorization to Proceed: Spokane County Engineer Date (Printed Name) City of Spokane Valley Authorized Signature (if cost is over $500.00) Date (Printed Name) Page2 of Exhibit 4a - . - BUDGET FOR CITY OF SPOKANE VALLEY • May through December - 2003 _ ROAD MAINTENANCE ACTIVITIES PROD SPO VAL 19% MGT. 5%ADMIN. ACTIVITY NAME UNITS CONTRACT OVERHEAD OVERHEAD TOTAL COMMENTS 2312 Dust Control Prep LF $ 8,100 $ 1,539 $ 405 $ 10,044 DISCRETIONARY 2320 Shoulder Repair SM S 2,500 $ 475 $ 125 $ 3,100 2322 Shoulder Maint. Grader SM $ 32,000 $ 6,080 $ 1,600 $ 39,680 , 2330 Gravel/Dirt Rd Grading RM S 15,000 $ 2,850 $ 750 $ 18,600 2340 Pothole Patching Tons $ 155,000 $ 29,450 $ 7,750 $ 192,200 2343 PR&R SY $ 280,000 $ 53,200 $ 14,000 $ 347,200 2344 Crack Sealing LF $ 90,000 $ 17,100 $ 4,500 $ 111,600 2346 Blade Patch Hot Tons $ 90,000 S 17,100 $ 4,500 $ 111,600 2511 Bridge Inspection HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2512 Bridge Repair-Sup LOC $ 10,000 S 1,900 $ 500 $ 12,400 2513 Bridge Repair-Sub LOC $ 5,000 $ 950 S 250 $ 6,200 2610 Sidewalk Repair SY $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2611 Curbs LF $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2620 Paths LS $ 500 $ 95 S 25 $ 620 DISCRETIONARY 2645 Guardrail Maint. LF $ 10,000 $ 1,900 $ 500 $ 12,400 DISCRETIONARY 2646 RAN Fencing HR $ 2,500 $ 475 $ 125 $ 3,100 DISCRETIONARY 2647 Median Maint. HR S 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2661 Liquid Deicing GAL S 50,000 $ 9,500 $ 2,500 $ 62,000 2662 Sanding CY $ 80,000 $ 15,200 $ 4,000 $ 99,200 2663 Snow Removal-Roadway MI $ 120,000 $ 22,800 $ 6,000 $ 148,800 2670 Street Cleaning PM $ 225,000 $ 42,750 $ 11,250 $ 279,000 2673 Sweepings Clean-up HR $ 2,500 $ 475 $ 125 $ 3,100 2711 Roadside Mowing RM $ 10,000 S 1,900 $ 500 $ 12,400 DISCRETIONARY 2712 Brush Clearing/Tree HR $ 25,000 $ 4,750 $ 1,250 $ 31,000 DISCRETIONARY 2713 Weed Control-Res MI $ 20,000 $ 3,800 S 1,000 $ 24,800 DISCRETIONARY , 2713A Weed Control-Res(no spray) HR $ 5,000 $ 950 S 250 $ 6,200 DISCRETIONARY 2714 Weed Control-Gen MI $ 30,000 $ 5,700 $ 1,500 $ 37,200 DISCRETIONARY 2714A Weed Control-Gen(no spray) HR S 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2720 Irrigation HR $ 5,000 $ 950 $ 250 $ 6,200 DISCRETIONARY 2750 Litter Pickup HR $ 2,000 $ 380 $ 100 S 2,480 DISCRETIONARY 2750D Litter Pickup Deer EA $ 2,000 $ 380 $ 100 $ 2,480 DISCRETIONARY 2753 Litter Control HR $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 1 of 2 Exhibit 4a BUDGET FOR CITY OF SPOKANE VALLEY May through December - 2003 ROAD MAINTENANCE ACTIVITIES PROD SPO VAL 19% MGT. 5%ADMIN. ACTIVITY NAME UNITS CONTRACT OVERHEAD OVERHEAD TOTAL COMMENTS 2760 Contour Control HR $ 1,000 S 190 $ 50 $ 1,240 DISCRETIONARY 2762 Contour Control-R/W HR $ 3,000 $ 570 $ 150 $ 3,720 DISCRETIONARY 9710 Drywell Repair EA $ 15,500 $ 2,945 $ 775 $ 19,220 9720 Drywell Cleanout EA $ 51,000 $ 9,690 $ 2,550 $ 63,240 9730 Culvert Repair LF $ 5,000 $ 950 $ 250 $ 6,200 9740 Culvert Cleanout EA S 2,500 $ 475 $ 125 $ 3,100 9742 Swale Maintenance HR S 3,000 $ 570 $ 150 $ 3,720 9747 Curb, Gutter, & Inlet Repair HR S 7,000 $ 1,330 $ 350 $ 8,680 9750 Chasing Water HR $ 2,000 $ 380 S 100 $ 2,480 9751 Investigation HR $ 5,000 $ 950 S 250 $ 6,200 TOTALS FOR ROAD MAINTENANCE ACTIVITIES: $ 1,387,100 $ 263,549 $ 69,355 $1,720,004 TRAFFIC MAINTENANCE ACTIVITIES 2641 TMS,Sign Maintenance HR $ 41,000 $ 7,790 $ 2,050 $ 50,840 2642 TMS,Signal Maintenance HR $ 132,000 $ 25,080 $ 6,600 $ 163,680 2643 TMS,Striping RM $ 85,000 $ 16,150 $ 4,250 $ 105,400 2644 TMS,Crosswalks&Mesgs HR $ 32,000 $ 6,080 $ 1,600 $ 39,680 . 2649 Weight Restriction Signing HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2653 Striping-Prep & Cleanup HR $ 500 $ 95 $ 25 $ 620 TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: $ 292,000 $ 55,480 $ 14,600 $ 362,080 GRANDTOTAL: $2,082,084 2 of 2 Exhibit 4a • BUDGET FOR CITY OF SPOKANE VALLEY 2004 - ROAD MAINTENANCE ACTIVITIES PROD SPO VAL 19% MGT. 5%ADMIN. ACTIVITY NAME UNITS CONTRACT OVERHEAD OVERHEAD TOTAL COMMENTS 2312 Dust Control Prep LF $ 8,300 $ 1,577 $ 415 $ 10,292 DISCRETIONARY 2320 Shoulder Repair SM $ 27,000 S 5,130 $ 1,350 $ 33,480 2322 Shoulder Maint. Grader SM $ 38,800 S 7,372 $ 1,940 $ 48,112 2330 GraveUDirt Rd Grading RM $ 15,300 $ 2,907 $ 765 $ 18,972 2340 Pothole Patching Tons $ 158,100 $ 30,039 $ 7,905 $ 196,044 2340W Winter Pothole Patch Tons $ 20,400 $ 3,876 $ 1,020 $ 25,296 2343 PR&R SY $ 285,600 $ 54,264 $ 14,280 $ 354,144 2344 Crack Sealing LF S 122,400 $ 23,256 S 6,120 $ 151,776 2346 Blade Patch Hot Tons $ 91,800 $ 17,442 $ 4,590 $ 113,832 2351 Gravel/Dirt Rd Temp CY $ 1,000 $ 190 S 50 $ 1,240 2413 Light Ditch Cleaning DM $ 1,000 $ 190 $ 50 $ 1,240 • 2511 Bridge Inspection HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2512 Bridge Repair-Sup LOC $ 10,200 $ 1,938 $ 510 $ 12,648 2513 Bridge Repair-Sub LOC $ ' 5,100 $ 969 $ 255 $ 6,324 • 2610 Sidewalk Repair SY $ 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY 2611 Curbs LF $ 1,000 $ 190 $ 50 $ 1,240 DISCRETIONARY 2620 Paths LS $ 500 S 95 $ 25 $ 620 DISCRETIONARY 2645 Guardrail Maint. LF $ 12,200 S 2,318 $ 610 $ 15,128 DISCRETIONARY 2646 RIW Fencing HR $ 2,600 $ 494 $ 130 $ 3,224 DISCRETIONARY 2647 Median Maint. HR $ 5,100 $ 969 $ 255 $ 6,324 DISCRETIONARY 2661 Liquid Deicing GAL $ 153,000 $ 29,070 $ 7,650 $ 189,720 2662 Sanding CY $ 234,600 $ 44,574 $ 11,730 $ 290,904 2663 Snow Removal-Roadway MI S 224,400 $ 42,636 S 11,220 $ 278,256 2664 Snow Removal Sidewalks HR S 5,100 $ 969 S 255 $ 6,324 2670 Street Cleaning PM $ 382,500 $ 72,675 S 19,125 $ 474,300 2671 Winter Sweeping RM $ 51,000 $ 9,690 $ 2,550 $ 63,240 2673 Sweepings Clean-up HR $ 4,100 $ 779 $ 205 $ 5,084 _ 2711 Roadside Mowing RM $ 10,200 $ 1,938 $ 510 $ 12,648 DISCRETIONARY 2712 Brush Clearing/Tree HR $ 35,700 $ 6,783 $ 1,785 $ 44,268 DISCRETIONARY 2713 Weed Control-Res MI $ 20,400 $ 3,876 $ 1,020 $ 25,296 DISCRETIONARY 2713A Weed Control-Res(no spray HR $ 5,100 $ 969 $ 255 $ 6,324 DISCRETIONARY 2714 Weed Control-Gen MI $ 30,600 $ 5,814 $ 1,530 $ 37,944 DISCRETIONARY 1 of 2 Exhibit 4a • . . -• BUDGET FOR CITY OF SPOKANE VALLEY 2004 ROAD MAINTENANCE ACTIVITIES PROD SPO VAL 19% MGT. 5%ADMIN. ACTIVITY NAME UNITS CONTRACT OVERHEAD OVERHEAD TOTAL COMMENTS 2714A Weed Control-Gen(no spray) HR $ 5,100 $ 969 $ 255 $ 6,324 DISCRETIONARY 2720 Irrigation HR $ 7,100 S 1,349 $ 355 $ 8,804 DISCRETIONARY 2750 Litter Pickup HR $ 4,100 S 779 $ 205 $ 5,084 DISCRETIONARY 2750D Litter Pickup Deer EA $ 2,000 S 380 $ 100 $ 2,480 DISCRETIONARY 2753 Litter Control HR $ 1,000 S 190 $ 50 $ 1,240 DISCRETIONARY 2760 Contour Control HR $ 1,000 S 190 $ 50 $ 1,240 DISCRETIONARY 2762 Contour Control-R/W HR $ 3,100 S 589 $ 155 $ 3,844 DISCRETIONARY 9710 Drywell Repair EA $ 15,800 S 3,002 $ 790 $ 19,592 9720 Drywell Cleanout EA $ 62,200 $ 11,818 $ 3,110 $ 77,128 9730 Culvert Repair LF $ 5,100 S 969 $ 255 $ 6,324 9740 Culvert Cleanout EA S 3,100 S 589 $ 155 $ 3,844 9742 Swale Maintenance HR $ 3,100 S 589 $ 155 $ 3,844 9747 Curb, Gutter, &Inlet Repair HR S 7,100 S 1,349 $ 355 $ 8,804 9750 Chasing Water HR $ 3,100 $ 589 $ 155 $ 3,844 9751 Investigation HR S 7,100 $ 1,349 $ 355 $ 8,804 TOTALS FOR ROAD MAINTENANCE ACTIVITIES: $ 2,096,100 $ 398,259 $ 104,805 $2,599,164 TRAFFIC MAINTENANCE ACTIVITIES 2641 TMS,Sign Maintenance HR S 69,400 $ 13,186 $ 3,470 $ 86,056 2642 TMS,Signal Maintenance HR S 224,400 $ 42,636 $ 11,220 $ 278,256 2643 TMS,Striping RM S 86,700 $ 16,473 $ 4,335 $ 107,508 2644 TMS,Crosswalks&Mesgs HR S 32,600 $ 6,194 $ 1,630 $ 40,424 2649 Weight Restriction Signing HR S 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: _$ 414,600 $ 78,774 $ 20,730 $ 514,104 GRAND TOTAL: $3,113,268 ' 2 of 2 Exhibit 4b Spokane County Maintenance . . " Labor and Equipment Rates ROAD MAINTENANCE MAINTENANCE WORKERS MONTHLY HOURLY DS 1.5 X 2.5 X EQUIPMENT CHARGES HOURLY TITLE CLASS RATE (a) RATE RATE (b) RATE(c) RATE (d) TYPE CLASS RATE Extra Help(5 month position) 2231X 1560 9.71 n/a 14.56 24.27 Dump Truck TCL8D $33.00 • Seasonal Help(9 month position) 2251$ 3605 20.8 n/a 22.95 37.77 Water Truck TCL8W $40.00 Road Maint. Specialist I 2251 4109 23.71 24.31 25.9 42.69 Oil Distributor ASPHT $56.75 Road Maint. Specialist II 2261 4395 25.36 25.98 27.67 45.64 Motor Grader GRADE $32.00 Road Maint. Specialist III 2271 4586 26.46 27.06 28.84 47.6 Backhoe BACKH $21.00 Road Maint. Specialist IV _ 2281 4787 27.62 28.22 30.08 49.66 Asphalt Paver PAVER $50.00 Wheel Loader LOADE $26.00 MAINTENANCE SUPERVISION MONTHLY HOURLY DS SOT 2 X Sweeper SWEEP $40.00 TITLE CLASS RATE(a) RATE RATE (b) RATE (e) RATE (f) Broom BROOM $50.00 Road Maintenance Foreman I 2208 5799 33.46 n/a 24.45 48.19 Sander SANDE $64.50 Road Maini/Utility Inspector 2208 5799 33.46 n/a 24.45 48.19 Roller ROLLS $50.00 Road Maint. Supervisor I I 2210 6732 38.84 n/a 28.29 55.87 Truck& Plow PLOW $43.00 Road Maint. Superintendent 2222 7050 40.67 n/a 29.7 n/a Truck& Pup TCL8D $43.00 Vactor TCL8V $60.00 ADMINISTRATION & MANAGEMENT MONTHLY HOURLY DS SOT 2 X TITLE I CLASS RATE(a) RATE RATE(b) RATE (e) RATE(f) Training Foreman 2211 6094 35.16 n/a 25.67 n/a Material Resource Manager 2219 9094 35.16 n/a 25.67 n/a Sotrmwater Program Res. 2128 6566 37.88 n/a 27.61 n/a Operations Manager 2309 6233 35.96 n/a 26.3 n/a Administrative Specialist II 1012 3892 22.45 n/a 24.59 n/a (a) The"Monthly Rate" is the loaded labor rate per month for the class of employee at an average step placement, including benefits and L&I expenses (b)The Differential Shift (DS)rate is the hourly labor charge for those workers assigned to evening shifts(swing and gravaeyard) (c)The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. • (d)The 2.5 X rate is the overtime labor charge per hour worked for working standard holidays. (e)Maintenance Supervision, Administration and Management are paid Straight Overtime(SOT), and not the 1.5 rate of the maintenance workers. (1)The SOT rate is also appleid to recognized holiday pay resulting in 2 X, not 2.5 X allowed for maintenance workers. Note 1: Call-out ofter normal working hours is charged a minimum 4 hours straight time, or at the 1.5 X overtime rate for maintenance workers only. Note 2: All rates are based on the most current labor contract(as of 1/31/2003) Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 1 of 2 Exhibit 4b Spokane County Maintenance - • Labor and Equipment Rates TRAFFIC CONTROL MAINTENANCE • MAINTENANCE WORKERS MONTHLY HOURLY STANDBY 1.5 X 2.5 X EQUIPMENT CHARGES HOURLY TITLE CLASS RATE(a) RATE RATE(g)*" RATE(c) RATE(d) TYPE CLASS RATE Extra Help (5 month position) 2231X $1,560 $9.71 n/a $14.56 $24.27 1.5 Ton Truck TCLM4 $12.00 Traffic Signal Technician II 2311 $5,529 $31.90 footnote(g) $33.88 $45.17 Bucket Truck TCL3B $7.50 Taffic Signal Technician III 2312 $6,107 $35.23 footnote g $37.44 $49.91 Class 4 Truck TCLS4 $12.00 Chief Traffic Signal Technician 2313 $6,580 $37.96 footnote(g) $40.35 $53.80 Heavy Use Truck TCL6L $7.50 Traffic Sian Technician I 2242 $4,079 $23.53 n/a $25.11 $33.47 1/2 Ton Truck PU1/2 $6.00 Traffic Sign Technician II 2265 $4,621 $26.66 n/a $28.45 $37.93 Compact 4X4 P4X4C $4.30 Traffic Sign Technician III 2274 $5,006 $28.88 n/a $30.66 $40.88 Mini Van VANMC $4.00 Traffic Sign Technician IV 2287 $5,393 $31.12 n/a $33.04 $44.06 Midsize Sedan CARMD $3.25 Chief Traffic Sign Technician 2283 $6,419 $37:03 n/a $39.35 $52.47 Striper Truck PTRKC $44.75 ADMINISTRATION & MANAGEMENT MONTHLY HOURLY STANDBY SOT 2 X TITLE CLASS RATE(a) RATE RATE(g) RATE (e) RATE(f) Engineer III 2335 $7,451 542.991 n/a $30.48 n/a (a)The"Monthly Rate"is the loaded labor rate per month for the class of employee at an average step placement, including benefits and LRI expenses (b)The On-call rate is the hourly labor charge for those workers assigned to evening shifts(swing and gravaeyard) (c)The 1.5 X rate is the overtime labor charge per hour worked over standard working hours. (d)The 2.5 X rate is the overtime labor charge per hour worked for working standard holidays. (e)Administration and Management are paid Straight Overtime(SOT), and not the 1.5 rate of the maintenance workers. (f)The SOT rate is also applid to recognized holiday pay resulting in 2 X, not 2.5 X allowed for maintenance workers. (g)"Standby rates are used for signal emergencies: Weekday evenings, 4 p.m. to 7a.m., are paid at$0.70 per hour Weekends, running from 4 p.m. Friday to 7 a.m Monday, $2.00 per hour Standard Holidays, beginning 12:01a.m. on any standard holiday for 24 hours ending at midnight on the calendar holiday, $3.00 per hour. Note 1: Call-out ofter normal working hours is charged a minimum 4 hours straight time, or at the 1.5 X overtime rate for maintenance workers only. Note 2: All rates are based on the most current labor contract(as of 1/31/2003) Note 3: Spokane County reserves the right to utilize any qualified worker for the City of Spokane Valley contracted work. Page 2 of 2 • i ,it. • NOTE TO RECORD On the '► , day of 40ri 1, 2003, the Board of County Commissioners ("Board") authorized execution of a document entitled "INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING PROVISION OF ROAD MAINTENANCE SERVICES (April 1, 2003 — December 31, 2004) ("Agreement")." That document was subsequently forwarded to the City of Spokane Valley ("City") for execution. The City added language to the Agreement forwarded to them for execution. The City then forwarded their signed modified Agreement to the County. The Spokane County Engineer and Spokane County Prosecuting Attorney's Office did not agree with the additional language inserted into the Agreement by the City. Negotiations subsequently took place between the City and the County wherein the following language was added to Section No. 3 of the Agreement in place of the added language.That language provided as follows: If the CITY believes any completed service does not meet the standards set forth in Section No. 4, the CITY shall provide written notice to the County Engineer ("claim"). The claim shall set forth the location of the service performed and the basis for believing that it does not meet the standards set forth in Section No. 4. Upon receipt of the claim, the County Engineer may cure the deficiency or within • five (5) business days of receipt of the claim request a meeting with the City • Manager (or designee) to resolve the claim. The request for a meeting shall be in writing directed to the City Manager. Upon receipt of the request for a meeting, the City Manager (or designee) and County Engineer (or designee) shall meet in good faith and exercise best efforts to resolve the claim. If agreement is reached between the Parties and the County affects a cure, the CITY shall make payment for the service as set forth in Section 3. The CITY may withhold payment during the pendancy of the claim. The City shall not pay additional costs or interest on the amount due if the reason for the cure is to achieve standards set forth in Section No. 4. If the Parties are unable to reach agreement on the claim either Party may request binding arbitration. The arbitrator shall be selected by mutual agreement of the Parties.The arbitrator shall not be an employee or official of the CITY or COUNTY and shall have expertise in the matters set forth in the claim. The Parties shall equally split the cost of arbitration. If the arbitrator denies the claim of the CITY in whole or part and the CITY has opted not to pay the COUNTY during the pendancy of the claim, the CITY shall be responsible for any lost interest to the • COUNTY on the claim or portion of the claim had the CITY paid for the services when billed by the COUNTY. Interest shall be based on the amount earned if deposited in the Spokane County Treasurer's Investment Pool. • • J . s t i. ;. • ,� The City subsequently agreed to the above language and executed an Agreement as originally drafted by the County with the new language. Legal counsel advised that the Board could execute the revised Agreement under the old Resolution number so long as this Note to Record was included in the file. •