2009/10/21 Council Agenda Packet

cost sharing arrangement specified in Paragraph 3.A of this Agreement; b) reject or modify the proposed repairs; or c) in the event the Parties are unable to reach an agreement under a) or b) of this paragraph, any party or combination of the Parties may undertake the necessary repairs at their own cost, but this will not otherwise impair or limit the rights, claims, or interests of any of the Parties, individually or otherwise. 3. RESPONSIBILITIES A. Cost Sharing—Each party to this agreement shall be responsible for their share of the costs related to the Tasks according to the following distribution schedule: Snohomish County 20% PSE 15% City of Everett 65% Costs necessary to perform Tasks described in Section 2 of this Agreement shall include,but are not limited to the following: purchase of materials, design, engineering, mitigation, maintenance, labor, and equipment costs, construction contract costs,and permitting costs necessary to accomplish this work. If approved by all Parties, the aforementioned cost sharing would also fund a third party administrator to assist with the management of Tasks enumerated under this Agreement. B. Specific Tasks 1. Snohomish County—In addition to sharing of costs as described in Section 3.A, the County will be the project manager and lead party for submitting permit applications to appropriate regulatory agencies to accomplish the Tasks. Permit requirements are expected to vary depending on the nature and location of the work and maybe exempt due to maintenance exemptions. However,permits may include but are not limited to the following —Corps of Engineers (404 and/or Section 10), State of Washington(HPA and 401 certification), and Snohomish County(Shorelines, Grading, Critical Areas compliance). It is understood that timing and terms of issuance of permits are controlled by the issuing agencies. The Tasks may be accomplished by County crews and/or City crews,or by construction contract administered by the City or by the County. If County or City crews are used to perform the Tasks, the management committee shall review and approve the tasks, estimated cost,and schedule for the projects. If outside contractors are used to perform the tasks, a competitive bidding process shall be used to select the contractors. The County will assist in securing and timely processing of permits and other approvals required to undertake any of the Tasks enumerated in Section 2 of this Agreement. On an annual basis, the County will also provide the Parties with a facilities evaluation report that will summarize Tasks performed during the preceding year, associated costs, and Tasks Draft 2009 DD6 Agreement 44ge 4