HomeMy WebLinkAbout2021-05-30 - Washington State Department of Transportation - General Agreements / General Service AgreementsGMB 1104
Maintenance Agreement
SR28/5` Street Intersection Improvements
This Agreement is made and entered into between the Washington State Department of
Transportation, hereinafter the "STATE," and the City of East Wenatchee, hereinafter the "CITY,"
collectively called the "Parties," and individually, the "Party."
WHEREAS, the STATE will construct the SR 28/ 5th Street Intersection Improvements project,
hereinafter the "Project," and
WHEREAS, the location of the Project is designated as a Resource Conservation Area (RCA) by the
Federal Highway Administration (FHWA), described in the Washington State Department of
Transportation Roadside Policy Manual M 3110, Chapter 2, Section 2.2, Number 7, and
WHEREAS, Chapter 2, Section 2.2 also defines the required minimal standards for landscaping of
these RCA's, and
WHEREAS, the CITY has requested an increased level of landscaping to improve the beatification of
the entrance to their community, and
WHEREAS, the CITY agrees to maintain the landscaping features following the one year of plant
establishment, and
WHEREAS, the Parties wish to define the maintenance responsibilities of the Parties for the
landscape facilities amenities located within the Project right of way, and
WHEREAS, the Parties agree that this Agreement will supersede and terminate General Permit 6842,
NOW, THEREFORE, pursuant to RCW 47.24.020 and 47.24.050, the above recitals which are
incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants
and performances contained herein as well as the Exhibits A and B which are attached and made a
part hereof.
IT IS MUTUALLY AGREED AS FOLLOWS:
1. GENERAL
i . I The Parties agree to perform the maintenance responsibilities as described in this Agreement
and as shown in Exhibit A.
) The Parties agree that all of the provisions of General Permit No. 6842, dated April 26, 1995
(Exhibit B), shall automatically terminate upon the delivery of written notice of physical completion of
the Project as described in Section 6.1.
2. SNOW and DEBRIS REMOVAL
2.1 Upon transfer of maintenance responsibilities as described in Section 6.1, the CITY agrees to
be responsible for debris removal on the landscaped portion as shown on Exhibit A.
2.2 The STATE agrees to be responsible for snow removal on the roundabout as shown on
Exhibit A.
2.3 Both Parties agree to perform their respective maintenance and damage repairs as identified
above pursuant to their respective maintenance policies, manuals, and design specifications, as
amended.
3. LANDSCAPE MAINTENANCE
3.1 Upon transfer of maintenance responsibilities as described in Section 6.1, the CITY agrees to
perform regular maintenance of debris removal from landscaped areas installed as part of the Project,
and shown as CITY responsibility on Exhibit A. Plants, trees and shrubs, shall be pruned and watered
on a regular basis as necessary to maintain a healthy condition. Trees and shrubs shall be pruned to
avoid sight distance obstructions to motorists and pedestrians. Damaged or dead vegetation shall be
removed and replaced by the CITY, at the CITY's expense.
3.2 Upon transfer of maintenance responsibilities as described in Section 6.1, the CITY agrees to
own, operate and maintain the irrigation system for all landscaped areas shown on Exhibit A. System
maintenance shall include repair or replacement of damaged irrigation components, the cost of
irrigation water, clearing irrigation lines at the end of the season, and recharging the system at the
beginning of the season.
Irrigation Systems Operation and Maintenance
A. The CITY shall perform normal and regular operation of the irrigation system, including,
but not limited to, winterization, sprig start u, annual backflow testing, programming of irrigation
clocks, flushing and testing the irrigation systems, replacement of damaged or broken irrigation
system components: heads, pipes, wires, and valves a s needed for complete operation.
The CITY agrees that it shall be solely liable for costs and damages associated with any
problems and/or consequences resulting from leaks in the irrigation systems, including, but not
be limited to, icing conditions of the highway that either damage the highway or forms the basis
of personal injury and/or property damage to the traveling public, erosion control, contamination
of water systems, and backflow testing.
Material, equipment and labor costs for all irrigation operation, replacement, and repairs and any
other incidentals needed shall be at the sole responsibility and cost of the CITY.
B. The CITY shall notify the water and electrical utilities that the CITY is responsible for
and will pay the cost of all water and electrical service bills necessary for the operation of the
irrigation systems and shall provide the STATE with copies of the notices.
3.3 The STATE agrees to install and maintain the irrigation system for all landscaped areas as part
of the Project, shown on Exhibit A. System maintenance shall include repair or replacement of
damaged irrigation components, the cost of irrigation water, clearing irrigation lines at the end of the
season, and recharging the system at the beginning of the season. After one calendar year following
the acceptance of the plant establishment the CITY will be responsible for maintenance of the areas
shown in Exhibit A. The CITY will own, operate, and maintain the irrigation system that is installed on
this project.
3.4 The CITY may request modifications to the landscaping and/or landscaping maintenance
provisions of this Agreement by submitting a written change request to the STATE. The STATE shall
review the CITY's request, and if the STATE agrees with the changes, the PARTIES agree to amend
this Agreement in accordance with Section 7.1.
3.5 The CITY shall maintain the landscaping an essentially weed free condition. This may
be achieved by manual removal of weeds and/or through the chemical control as follows: Apply
pesticides, insecticides, herbicides, and/or fungicides in accordance with the label recommendations,
and comply with all federal, state and local laws, rules and orders, now in effect or as amended,
including U.S. Environmental Protection Agency, Washington State Department of Ecology, and
Washington State Department of Agriculture orders and local sensitive area ordinances. All pesticide
applications shall be performed by an applicator licensed by the State of Washington in the category for
the pesticides utilized. The licensed applicator shall complete and sign a Commercial Pesticide
Application Record for each daily application of pesticides. A copy of the Pesticide Application Record
shall be kept on file at the CITY and shall be subject to the provisions of RCW 17.21.100, which outline
"Record keeping by licensees and agricultural users" requirements for a period of 7 years. These
Records shall be made available within five (5) calendar days upon STATE request.
4. DEFICIENT PERFORMANCE NOTIFICATION AND REIMBURSEMENT
4.1 Should the CITY fail to perform its maintenance responsibilities to the extent set forth in this
Agreement, the STATE shall notify the CITY in writing, identifying which requirements need to be
corrected within fifteen (15) calendar days after receipt of the STATE's written notification. The CITY
may make a written request of the STATE for an extension of time, and the STATE shall respond in
writing granting the number of days extended, if any. The STATE shall not without good cause, deny
such a request.
4.2 If after the fifteen (15) calendar days notice period, or the granted extension of time, if any, the
CITY has not performed its maintenance responsibilities to the extent set forth in this Agreement, the
STATE reserves the right to perform any required maintenance work, and the CITY agrees to
reimburse the STATE actual direct and indirect costs to perform such work. The STATE shall provide
a detailed invoice to the CITY for the work performed, and the CITY agrees to make payment within
thirty (30) calendar days.
4.3 If the CITY objects to all or any portion of an invoice, it shall notify the STATE within twenty
(20) calendar days from the invoice date. The CITY shall pay the portion of the invoice not in dispute.
The STATE and the CITY shall immediately make every effort to settle the disputed portions of the
invoice, and if necessary, utilize the dispute resolution provided for in Section 12. The CITY agrees
that if it does not make payment on undisputed portions of an undisputed invoice within ninety (90)
calendar days after invoice date, the STATE may deduct and expend any monies to which the CITY is
entitled to receive from the Motor Vehicle Fund.
5. RIGHT OF ENTRY
5.1 The STATE grants to the CITY and its employees and authorized agents a right of entry upon
all state-owned right of way for purposes of maintenance work for which the CITY is responsible under
the terms of this Agreement.
5.2 The City shall use the access points as designated in Exhibit A.
6. TRANSFER AND TERMINATION
6.1 The transfer of maintenance responsibilities to the CITY will be provided in writing to the CITY
upon the STATE's acceptance of the Plant establishment for the Project. The STATE will provide
written notice to the CITY designating the date it will assume responsibility for the landscaping facilities
as shown in Exhibit A and shall such responsibilities shall continue until such time this Agreement is
terminated pursuant to this following:
6.1.1 This Agreement may be terminated only by the mutual agreement of the Parties.
Termination shall not be effective unless in writing and signed by persons authorized to bind each of
the Parties.
6.1.2 Notice of a proposal to terminate this Agreement by either Party must be by providing sixty
(60) calendar days written notice to the other Party. Written notice by the State will be sent to the City
of East Wenatchee, City Engineer, 271 9t" St. SE East Wenatchee, WA 98802. Written notice by the
CITY will be sent to Washington State Department of Transportation, Assistant Regional Administrator,
1551 North Wenatchee
Ave., Wenatchee, WA 98801.
6.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the
STATE and/ or to the CITY prior to termination.
6.3 Any termination of this Agreement shall not modify, in any way, each Party's maintenance
obligations provided by statute.
7. AMENDMENTS
7.1 This Agreement may be amended or modified only by the mutual agreement of the Parties.
Such amendments or modifications shall not be binding unless they are in writing and signed by
persons authorized to bind each of the Parties.
8. SEVERABILITY
8.1 Should any part, term, or provision of this Agreement be determined to be invalid, the remainder
of this Agreement shall not be affected, and the same shall continue in full force and effect.
9. INDEMNIFICATION
9.1 The Parties shall protect, defend, indemnify, and hold harmless the other and its employees
and/or authorized agents while acting within the scope of their employment as such, from any and all
costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of,
or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of
this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other
Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is
caused by the intentional conduct or negligence of the other Party; provided that, if such claims, suits,
or actions result from the concurrent negligence of the (a) the STATE, its employees and/or
authorized agents and (b) the CITY, its employees and/or authorized agents, or involves those actions
covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable
only to the extent of the negligence of each Party, its employees and/or authorized agents. This
indemnification shall survive any termination of this Agreement.
10. DISPUTES AND VENUE
10.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows:
The STATE and the CITY agree to review the applicable facts, terms, statutes, and rules affecting
the dispute and negotiate at the management level to resolve the matter.
10.2 If the Parties cannot reach a resolution, the STATE's Region Administrator and CITY's mayor,
or designees, shall each appoint a member to a disputes board. The appointed members shall select
a third member not affiliated with either Party. The three -member board shall conduct a dispute
resolution hearing that shall be informal and unrecorded. An attempt at such dispute resolution in
compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the
dispute. The Parties shall be responsible for their own costs, including attorney's fees. The Parties
agree to equally share in the cost of the third disputes board member.
10.3 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties agree that any such action or
proceedings shall be brought in the superior court situated in Chelan County, Washington. Further, the
Parties agree that each shall be responsible for its own attorney fees and costs.
11. INDEPENDENT CONTRACTOR
11.1 Both Parties shall be deemed independent contractors for all purposes, and the employees of
one Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not
in any manner be deemed to be the employees of the other Party.
12. AUDITS AND RECORDS
12.1 During the progress of the maintenance work and for a period of not less than six (6) years
from the date of the work performed, both Parties shall maintain the records and accounts pertaining
to the work and shall make them available during normal business hours and as often as necessary,
for inspection and audit by the other Party, State of Washington, and/or Federal Government and
copies of all records, accounts, documents or other data pertaining to the work will be furnished upon
request. The requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is
commenced, the records and accounts along with supporting documentation shall be retained until
any litigation, claim or audit finding has been resolved even though such litigation, claim or audit
continues past the six -year retention period.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party' s date
signed last below.
CIT F EAST WEN ' HEE
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By:
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AMEMM
Washington State
Departriient of Trzirisportation
Permit No, 6842
an -"id-dtrC-zss OfAkIpplicant,
City of Elast Wenatchee
271 Ninth Strect NE
East %Vcnaichee, WA 9880?
General Permit
CS o9ol SR 23
Region Nordl Rugion
The i�pplicant, hereinafter re --(erred toi:js the "Grantee," :avinq for r per, , t
manaLle roadside veratioll utilizillo eal.1'
ID111CM OF haild jj1Ctj'j1)d--
tion nianagem-ent actl I I j fl-0111 IM-lePOSI '-SOB to Milepost 4.25B
on a portion; of State Route No. 28 In Douelas County, Washington,
the 'VVashsing ton State Departmentc'- Transporl@tion or its c� herein after to as the "Department,"
hereby orders that this perniii be granted, subject to the t,'=,-rais and provisions stated upon the General Provisions
hereof and Exhibits attached hereto and by this refereno-e made a � art hereof -
Maintenance Technical Bulle-i-ni L
Ex; ibit"A" - 6
ycay4m'
Exhibit "B" 111tistration of"Roadside Managenitnt Zones-Functionall 0- bjec.tives" -,naC-hCd,
Exhibit �`C" Speci,,fl Provisjoils
F E -,x_hlbjt "D" Plan Sheet
This permit shall be void unless the wwk, heroin
,ConikeinpLited shall have been corn!"Ieted b�.;',)re
I
Thf_� dates shown in Exhibit "C"
This permit is accepted and approved by the Grantee
subiect to the terms and provisions as hr-tein set forth
GRANTEE
By.
1_�Y2
Date.
DEPARTMENT OF TRA. SPORTATION
11-7
Tide- R"i lot, %-Ialnt,nanc__ _ -
Date: � ���
i Ni TE -NM �A
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T- 03- 15-004,
Sep-emb.',5-r I
C ::�z VA :ONS 150?
-_ ' Tl ,
Highway Administration Mildin,_-
OWPA, Washington 3001-
THET FAME OF PES - FICIE)ES 1N ROADSilD'E, MA1%IAG',-_,-1,!FNT
W.SDOT diepends -.-,n ;,'asticides as an esserniat part A cur integrated roadsiG
managennent program to control pests. AS C011001 prograrns are Altegrated because
they USLAQ involve rnare than one of Je 1_01ir 6asic rnevhods of pest con-:,-GJ;
biologic al, mechanical, CUAUral, and chernical. Am include weeds, both 'broadle-aie,.J
and and Aso trees and' brush which are raerfering vot)-, f-he s�af op-,-
-1. 1 atio-;)
I Pesticides, whether they are �ert�ic,,_4es (to control plailts), insectici,�
t 1h e I �% , 4,
irseczQ fullgiciKs 40 Control or other pes-. contr,-
Named VV-SDC;T ernpioyees cr by copiract with
C"Aller(Aal
acootip: for ";<,% :3f all pe5;�c.des ',Isod `t)x
In wne Se bare e,r:h zone, '3011 5"ive AM-5,10-tive herbicides lrni n a t e
CW provide io. fj"CE" R
such 2s guide post, sign posn gmd rad, em can be more easy jeep apj'
have a Onger We if they ar,-:: noz by vegeiatio,L ETmination
of K vege-zation iin t�i,:
insecticides or fungi- � zi:)ne minirnizes the neee lo use Examany aVer p��stjc.,,.'es such aW;
pies of herbicides used in thiS Zone are B omac
!"ebuthiu,.-On, ._31e, and Cal yp'nosate.
in zone ;_�! The opera*;."ion zone, the roadside is managed to Plf�et sight, d4--tance
req0ramenis a, inzersec�ions and Curves a'r� ffor "'S
SUCh I& Of 11:91""A Sij;nh EllerTlents
• CC of the pas;eIrIerys, darger YC'Cs� noxious wet contro. a7c
pKestrian and crossings are giso CowderaWns K managin; this Ane.
Chc-nicajl cnntraj Merhods for Zone 2 generady ir1Yc)2vt! tile use of selective
A M vegetwive cover of desirable species is essensial in long ra.n-,,,,e estabyspinjellt y-
d
Patterm. Both fKar-active a;-,d re!eCti,,,e
are used, h de
EXaMpleS are Chcarnba; 2, ME; AA(.,PP; PicllorafTl; Naproparnide�;
0xa"JiaZ'-'n'; arid [Dic-hlob'enil.
In Zone 3, the transition zone, the roWsids is '0 1providIE: a
plate -jail, S, and prese,/e the natur,.-.l ol
10 adjaCer'! or chstant vievis are created. lie level
03f "IfOrt wfvwded in managing is cons i derably !ess than
CXPC?dQ jJ
occ,,,r in .one 3 are managed n
""ce FnAmer as in Zone 2. T& herbicicles t1sed K rhis Zone are `hie saMe CMIS Used
Zone 2. xr
f`
*Refer to Directive T-03-1 5.-C' 2*n roadside fnanagernent zones
VV 1 2112t) W% a j
EXH I t5f U
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Depl-trtn-icnt of T,r:-1*1"1*)C)rL--t11!0n (WSDJF) Will US., spray
Control Zone I (E-Mlijbit B'), The Grantee will control the %YCds ill Zone 2 and ZoDe
3. BRISh and tree con.ty I ol Work must satisfy the Zone 2 and Zone 3 objectiveti
(Exhibit U) on Septcn ' �.,
I I , -Aher 1. PlUs 21 day grace. period, each year, No herbicides max,
bi� Ul",Id by the Grantee. A period of 2-1 days froill cornp .;
li� lice date will allow Grantee
the ti A j"l
portun do rc--n-lediLd work, 1-1 -�.(—ds d-sign-tee bY State,, count% or weed
-, a manner to meet such orders or
dlArict ordcrs and reguLtion�; shall be rcinov��Jj M
The 11'tji(J.,;caped arc.,-i ;kill h,.- maintained regularly and kept ill an orderly fishion, The
planes in laAadscap.-Id areas will be watered on a re,)ular basis as necessary to niiintalll
tliei-,n.ire alie:iltliyconditioii D,,<niagecl or dead plants will be ne-moved and replaced
In
by the City of Wenatchee (COEW) wit, he,<ilthv plants.
Th-- in.-L,ation system will be install.--d by a ClUallfiC.C] lan&%--ape profclsslonal and the
systern ,vill lie built aCCOI'dina to the desion on the att;Ich--d pages, Adequ-ltesaf-t�.;
m--with n the atreas a�"
measures will h0- provided when �,,,,ark13g d iI I utz,*.ent to state roadwa'/
COEW will be responsible to blow Out the irrigation lines in the two locati
lolls Shown
on E,%,hibit D.
The plants in the area will be planted, trim.-med and pruned as needed or as ordered by
the WSDOT North Cejitrad Region to prevent unsafe sight distance problems for
motorlist,s or pedestrians in compliance with City Ordinance Chapter 10,28 and the
WSD01' requirements. The plant heights sh,111 never exceed 30 inches above any 01-
the road,vay surfiacing in, the arca-.
5. All proposed landscaping plants and ni;-H..:rials shall be approved by the COEW and
the 'W'SDOT prior to in.,-�tallatlon and shall be installed in ac(--ordaiice with th-
approved landscaping plan attat;hcd to this
6. Ally changes to this agreenient will be approved by the MEW and the WSDOT
A-ny damace to the- landscaping of the spl-InNer system will be the responsibility of
C)
cof,`�V, This ageelnlent applies to tyren ladscaped area located as described in
-,-',"'DOT will id- thC 'IT*-,��Iti
I �) I I ',-)I-QVI --, I i il. ton %vaier for the al two
All plarit loc:itions Nv411 be reviewed in tfi,,; held by COB W and WSDOT prior to
pit., nting.
FN-1-11131T "Cr,
P1,1"T101i
UTY OF EAST WENATCHEE
D E A
LANT)"SCAPILED'All. :A NI-ALINTENANCE AGREEMENT
This aare:;Imtlt is entered into between the City of East Wenatchee (COEVV) and the
Depai-tjuent of'T'ransportati-on Disti-ict 2 (NVSDOT) for IhO pmp())sCI of ciism-lang thy: aom-faacd
maintenatice of" lands. --aped areas located on WSDOT pi-operty, This agmument will provi(-.,Ie
appi-oval fol- the planting and maintmanze of A vegetation inchiding watering, weed control and
plant reptacement within the area(s) shown on the amiched sheet. The City of East Wenatchee
hei-eby agmes to pimide the following maillic-11,111ce:
I. ?�,,Jaintcflailce, will prevent all Uri si;(::;, fitly or- urAwalthy siniation and the full extent of Ole
landscaped area will be maintained regulai-ly arid kept in an orderly fashion. The plants in
zz�
landscaped iareas will be Nvaiered on a regii4ir basis as necessary to ma stain them in ti healthy
o,ondifit-m. Damag6d cx brad plants will ht j,einovtd and i-qlac;ed with healthy plants.
2, The inigation system N-vill be iristaticd by a qualified Imidscape, professional and the s3;,stem will
be built ac.001-cfing to the design on Ilse attached pages. Adequate safety measui-es MI] be
provided when, working within the areas adjacent to state roadways,
1-1
Th-L pl4ant's in the ir%ea vMl b-. plantcd, kand plruned •341-1 n=�%ftvd to pr.Vent uns.-fe sight
(fislance problems for motorists or` pcdcsti-ians in compliance with City Ordinance Chiipter
10.28 and the MSDOT requirernents.
4. All proposed landscaping plarms and materials shall be approved by the COEW and WSDOT
prior to installation and shall be Installed in a(xoi-dancu wiffi [he. approve d laridscaliffiig plan
atfaclm,d to thiq agi-etment.
5. Any chanacs to this agmemt.,.nt will be approved by the COEW and the WSD(DT,
TIMS 'IL),00CITICrit applies to the landscaped ama located as dus(,ribed In cxlublt "A"
F'01.-� CITY OF EAST NVINAWI-TE-E
(responsible t*()r maintenance)
Phone:
f) A
H.JW111 f�fA ISE!, t�,4
FOR THE DIiPARTIVIENT
() 11—FRANSPORTAI'10N
--phonc: ------- —
11
;.j • C."Ur fl.c. Vic.
511EL 15 dk—z.
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