Mountlake_Terrace_Water_Sewer__Storm_UtilitiesINTERLOCAL AGREEMENT
CITY OF EDMONDS AND MOUNTLAKE TERRACE
Water, Sewer & Storm Utilities
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the
City of Edmonds, Washington ("Edmonds") and the City of Mountlake Terrace, Washington
("Mountlake Terrace") (collectively, the "Parties") as of the date entered below.
WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units
of local government of the State of Washington to cooperate on a basis of mutual advantage to
provide for services and facilities; and
WHEREAS, right of way is a limited resource for locating both public and private
utilities and requires responsible management and stewardship to accommodate existing and
future utility services; and
WHEREAS, portions of Edmonds' water, sewer and storm utility systems are currently
located within the city limits of Mountlake Terrace; and
WHEREAS, the Washington State Department of Ecology's "Criteria for Sewage Works
Design" specifies minimum clearances between sanitary sewer facilities and potable water
pipelines; and
WHEREAS, prudent engineering practice is to provide horizontal clearance between
underground utilities to facilitate access for maintenance, repair, and replacement of a utility and
avoid disruption of service provided by adjacent underground utilities; and
WHEREAS, Edmonds has a deteriorated sanitary sewer main located south of the
centerline of 228th Street SW near 73rd Avenue West that is to be reconstructed; and
WHEREAS, Edmonds' said deteriorated sanitary sewer main is located directly beneath
an Edmonds water main which requires the removal and reconstruction of the water main to
complete sanitary sewer reconstruction; and
WHEREAS, Edmonds has determined that it is prudent and desirable to reconstruct the
water main not above the reconstructed sewer but on a different alignment that will provide
clearance between the reconstructed sewer and other existing utilities; and
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WHEREAS, the preferred alignment for the water main is north of the centerline of 228th
Street SW in the vicinity of 73rd Avenue West, which is within the city limit of Mountlake
Terrace; and
WHEREAS, it may be necessary for Edmonds to relocate, modify or extend, or add to its
utility systems within the city limits of Mountlake Terrace in the future; and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining
their respective rights, obligations, and liabilities regarding these utilities; and
WHEREAS, the City Councils of the City of Edmonds and the City of Mountlake
Terrace have taken appropriate action to approve each Party's entry into this Agreement;
NOW, THEREFORE, in consideration of the terms, conditions and covenants contained
herein, Edmonds and Mountlake Terrace agree as follows,:
TERMS
Section 1. Purpose. The purpose of this Agreement is to establish a formal arrangement
under which Mountlake Terrace will allow Edmonds to locate certain of its water, sewer and
storm utilities inside the Mountlake Terrace city limits, and to allocate and define the Parties'
respective rights, obligations, and liabilities concerning the establishment, operation,
maintenance, repair, reconstruction, abandonment, and removal of said utilities. The terms,
conditions and covenants of this Agreement shall accordingly be interpreted to advance this
purpose.
Section 2. Definitions. For the purpose of this Agreement, the following word(s) shall
have the following meaning(s).
"UTILITIES" means and is limited to water, sanitary sewer and storm systems owned
and operated by Edmonds.
Section 3. Term. This Agreement shall be effective upon its execution by the Parties
hereto and will remain in effect indefinitely, unless terminated in accordance with Section 4.
Section 4. Termination. Either Party may terminate this Agreement with or without
cause by providing the other Party with thirty (30) days written notice of its intent to terminate.
Termination or expiration shall not alter the Parties' obligations under Section 5 and Section 6
for UTILITIES already established within the Mountlake Terrace city limits, and shall not alter
the Parties' respective obligations under Section 10 of this Agreement.
Section 5. Obligations of Edmonds.
A. Edmonds shall assume responsibility, including the responsibility for all costs,
associated with the establishment, operation, maintenance, repair, modification,
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reconstruction, abandonment, and removal of UTILITIES located within the
Mountlake Terrace city limits, as described and depicted in Exhibit A, attached hereto
and incorporated herein by this reference. Edmonds shall provide updated versions of
Exhibit A as UTILITIES are added, modified, or removed with the permit
application, unless otherwise approved in writing by Mountlake Terrace.
B. Edmonds shall .coordinate with Mountlake Terrace to ensure that all work, including
but is not limited to, trench backfilling, pavement restoration, and temporary traffic
control, relating to the UTILITIES located within Mountlake Terrace city limits is
performed in accordance with the Mountlake Terrace municipal code, construction
standards, and other applicable state, and federal standards and regulations, provided,
however, all work relating to assembling and constructing the components of the
UTILITIES located within the Mountlake Terrace city limits shall be done in
accordance with the City of Edmonds municipal code, construction standards, and
other applicable state and federal standards and regulations. Edmonds shall assume
responsibility for approval of materials and inspection of the assembly, testing,
alignments, slopes, and elevations of the components of the UTILITIES.
Deviations from the alignments, slopes, and elevations of the components of the
UTILITIES as shown on the construction plans approved by Mountlake Terrace, are
subject to further review and approval by Mountlake Terrace.
C. Edmonds shall respond promptly to information requests submitted by Mountlake
Terrace or its agents regarding the UTILITIES located within Mountlake Terrace city
limits.
D. Edmonds shall provide Mountlake Terrace written justification of the necessity and
practicality of locating additional future UTILITIES within Mountlake Terrace as
compared to locating UTILITIES within Edmonds. Whether Mountlake Terrace
allows additional future, UTILITIES to be located in Mountlake Terrace shall be at
Mountlake Terrace's sole discretion.
E. Edmonds shall assume responsibility for acquiring any and all necessary temporary
and pennanent utility easements for the establishment, operation and maintenance of
the UTILITIES.
F. Edmonds shall submit plans and specifications and apply for all required permits
issued under the authority of Mountlake Terrace and pay all permit fees as required.
G. Edmonds shall be solely responsible to obtain permits required and issued by other
jurisdictions and agencies.
H. Edmonds shall designate Mountlake Terrace as an additional insured in all
construction contracts for work related in any manner to UTILITIES within
Mountlake Terrace city limits.
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I. Edmonds shall timely notify Mountlake Terrace of pre -construction meetings related
to UTILITIES within Mountlake Terrace and invite Mountlake Terrace
representatives to attend.
Edmonds shall provide to Mountlake Terrace "as constructed" plans of all
UTILITIES located within Mountlake Terrace, and provide updates to those plans
when new UTILITIES are constructed and existing UTIILITIES are modified,
reconstructed, or abandoned within ninety (90) days of the Final Acceptance of the
project by the Edmonds City Council or its designee.
K. Edmonds shall promptly and timely field locate all UTILITIES within Mountlake
Terrace city limits in response to field location requests from "one call" services and
location requests directly from Mountlake Terrace, and shall assume all liability for
unmarked and erroneously marked UTILITIES located within Mountlake Terrace city
limits.
L. Edmonds shall be responsible, at its sole cost and expense, for the removal and
relocation, if needed, of UTILITES within Mountlake Terrace city limits, if in
conflict with future improvements within the right of way, when removal is directed
by Mountlake Terrace. Relocation to an alternative location within Mountlake
Terrace shall be subject to the terms of this Agreement as if it is a new request for
locating UTILITIES within Mountlake Terrace. Any such work shall be performed
promptly and timely, but in no event more than one hundred eighty (180) calendar
days after notice is provided if removal and relocation is performed by Edmonds' city
forces or is completed under a contract whose estimated cost allows bids to be
solicited using Edmonds' Small Works Roster, and two hundred seventy-five (275)
calendar days after notice is provided if removal and relocation is completed under a
contract whose estimated costs exceed limits set for using Edmonds' Small Works
Roster. Removal and relocation deemed an emergency shall be completed by
Edmonds at its sole cost and expense and Edmonds shall perform all reasonable and
necessary tasks to remove and/or relocate UTILITIES within Mountlake Terrace city
limits in the shortest feasible time period.
Section 5. Obligations of Mountlake Terrace.
A. Mountlake Terrace shall provide timely review of applications for all required
permits submitted by Edmonds for UTILITIES, the approval of which shall not be
unreasonably withheld.
B. Mountlake Terrace shall respond promptly to information requests submitted by
Edmonds or its agents regarding the UTILITIES.
C. Mountlake Terrace shall make reasonable and practical efforts- to approve locations
for UTILITIES that will reduce the probability of Edmonds needing relocations and
removals of UTILITIES located within Mountlake Terrace city limits.
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D. Mountlake Terrace shall make reasonable and practical efforts to locate future
Mountlake Terrace utility improvements to accommodate existing UTILITIES
located within Mountlake Terrace city limits.
E. Perform timely inspections of permitted work associated with construction,
maintenance, repair, modification, reconstruction, abandonment, and removal of
UTILITIES located within Mountlake Terrace city limits.
F. Mountlake Terrace shall provide written notice to Edmonds to remove and/or relocate
UTILITIES located within Mountlake Terrace city limits as may be required by
Mountlake Terrace pursuant to Section 5L herein. Edmonds shall remove and/or
relocate the UTILITES in accordance with the time period of removal and relocation
as set forth in Section 5L herein, including removal and relocation of UTILITIES
necessitated by an emergency.
Section 7. Ownership and Disposition of Property. All materials installed in connection
with the UTILITIES located within Mountlake Terrace city limits, shall be and will remain the
exclusive property of Edmonds. Mountlake Terrace shall retain ownership of all property rights
in the property under and above which the UTILITIES are installed within Mountlake Terrace
city limits, with the exception of the necessary temporary and permanent utility easements
acquired by Edmonds on its behalf described in Section 5.
Section 8. Properties Served by UTILITIES within 7ountlake Terrace City limits.
UTILITIES located within Mountlake Terrace city limits shall provide service only to properties
within the city limits of Edmonds unless prior written approval by Mountlake Terrace.
Section 9. Administration; No Separate Entity Created. The City Engineer of Edmonds
and the Engineering Services Director of Mountlake Terrace shall serve as the administrators of
this Agreement. No separate legal entity is formed by this Agreement.
Section 10. Release Indemnification and Hold Harmless Agreement. Each Party to this
Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and
those of its own agents, employees, representatives, contractors or subcontractors, to the fullest
extent required by the laws of the State of Washington. Each Party agrees to protect, indemnify
and save the other Party harmless from and against any and all such liability for injury or damage
to the other Party or the other Party's property, and also from and against all claims, demands
and causes of action of every kind and character arising directly or indirectly, or in any way
incident to, in connection with, or arising out of work performed under the terms hereof, caused
by its own negligent and/or wrongful acts or omissions or that of its agents, employees,
representatives, contractors or subcontractors.
Section 11. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Washington. Any action arising out of this Agreement shall be brought in
Snohomish County Superior Court.
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Section 12. No Employment Relationship Created. The Parties agree that nothing in this
Agreement shall be construed to create an employment relationship between Edmonds and any
employee, agent, representative or contractor of Mountlake Terrace, or between Mountlake
Terrace and any employee, agent, representative or contractor of Edmonds.
Section 13. No Third Party Rights. This Agreement is intended for the sole and
exclusive benefit of the Parties hereto and no third party rights are created by this Agreement.
Section 14. Notices. Notices to Edmonds shall be sent to the following address:
City of Edmonds
City Engineer
121 Fifth Avenue N
Edmonds, WA 98020
Notices to Mountlake Terrace shall be sent to the following address:
City of Mountlake Terrace
Engineering Services Director
6100 219tb Street SW, Suite 200
Mountlake Terrace, WA 98043
Section 15. Duty to File -Agreement with County Auditor. Edmonds shall, after this
Agreement is executed by both Parties, file this Agreement with the Snohomish County Auditor.
Section 16. Integration. tion. This document constitutes the entire embodiment of the
Agreement between the Parties and, unless modified in writing by an amendment to this
Agreement signed by the Parties hereto, shall be implemented as described above.
Section 17. Non -Waiver. Waiver by any Party of any of the provisions contained within
this Agreement shall not be construed as a waiver of any other provision.
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CITY . EDMONDS
By:
Dave Earling, Mayor
Date; e"• '' �.. . f 4
ATTEST:
; Z"�5:�4 - 7, � " j r
Scott assey, Cltyt C1er /
4,
APPROVED AS TO FORM:
('90-c of the City At r—tiey
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Page 7 of 7
CITY OF MOUNTLAKE TERRACE
13y:4.HV64�0,'tr4le�rim---
CottCity Manager
1
Date:
ATTEST:
f.�tjo�� 11(5444
Virgin: ]sen, City Clerk
APPRQ�ED AS TO FORM:
r"
Gregory G. Schrag, City Attorney