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1 LOG NUMBERS BGT. MANAGEMENT ROUTING: TO: EXECUTIVE John Lovick EXEC. DIR. Lenda Crawford L- DIRECTORJELECTED Steven E. Thomsen&! DEPARTMENT Public Works DIRECTOR DIVlSlON ORIGINATOR Janice Fahning Engineering S David Lee DATE November 19,2015 EXT EXECUTIVE/COUNCIL APPROVAL FORM COUNCIL CHAIRPERSON: SNOHOMISH COUNTY COUNCIL EXECzytiVE RECOMMENDATION: --V ~pprove No Recommendation Further Processing --- Requested By --- DOCUMENT TYPE: BUDGET ACTION: Emergency Appropriation Supplemental Appropriation Budget Transfer Review Received at Council Office X GRANT APPLICATION ORDINANCE Amendment to Ord. # PLAN _6_ CONTRACT: New )\ Amendment I DOCUMENT I AGENDA TITLE OTHER d AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD. APPROVAL AUTHORITY: EXECUTIVE COUNCIL X CITE BASIS sec (1), sec (5) and RCW HANDLING: NORMAL X EXPEDITE URGENT DEADLINE DATE PURPOSE: To approve the Ordinance authorizing the County Executive to sign the Interlocal Agreement between Snohomish County and the City of Lynnwood concerning improvements to the intersection of Ash Way and Maple Road to prevent damage from flooding. BACKGROUND: The intersection of Ash Way and Maple Road within the City of Lynnwood (the "City") and certain sections of Maple Road within the Snohomish County (the "County") extending east from the intersection, experience flooding and the City and County are working together to prevent the Ash Way I Maple Road intersection and the sections of Maple Road from being impacted by flood waters (the "Project").

2 BACKGROUND continued: The Interlocal Agreement (ILA) between the County and the City, concerning the design of improvements to the intersection of Ash Way and Maple Road (the "Original Agreement") went in to effect on December 31,2014. Since the Original Agreement became effective the City and County have decided to amend the design of the Project to allow for a pin pile design to better support the road sections. The change in design has resulted in an increase in the cost of the design by both the Project design consultant and County staff. To clarify the new Project Scope of Work and the City's Estimated Cost of Design Services related to the new design Exhibits A and B in the Original Agreement need to be amended. To clarify how extra work requested of the County's consultant by the City would be authorized and paid the Parties Section 5.1 in the Original Agreement needs to be amended. This new Interlocal Agreement will supercede the Original Agreement and is entered into under the Interlocal Cooperation Act, Chapter RCW, RCW and RCW The Project is located in Council District #4.

3 FISCAL IMPLICATIONS: EXPEND: FUND, AG~ ORG, ACTY, OBI, AU CURRENTYR 2NDYR 1ST 6 YRS ~ f(}~s<,lo\1\lll VlfVIrPS $212, $212, I TOTAL $212, $212, REVENUE: FUND, AGY, ORG, REV, SOURCE CURRENTYR 2NDYR 1ST 6 YRS Shared Costs Lynnwood $72, $72, H7f0 South County UGA $140, $140, DEPARTMENT FISCAL IMPACT NOTES: This project is included in SWM's 2015 and 2016 budget. I TOTAL $212, $212, BUDGET REYIE~~nalyst 1/Mt- Administrator Recommend Approval CONTRACT INFORMATION: ORIGINAL AMENDMENT CONTRACT CONTRACT # # CONTRACT PERIOD: ORIGINAL AMENDMENT Start Start End End AMOUNT AMOUNT CONTRACT I PROJECT TITLE: Amendment No. 1 - Interlocal Agreement between Snohomish County and the city of Lynnwood I Maple Road Highflow Bypass, RR48820 CONTRACTOR NAME & ADDRESS (City/State only): Lynnwood/W A APPROVED: RISK MANAGEMENT Yes No X COMMENTS $ $ PROSECUTING A TTY -AS TO FORM: Yes X No OTHER DEPARTMENTAL REVIEW I COM ELECTRONIC ATTACHMENTS: (List & include, th G:\ECAF\Bept\OCQJw~oads\885-MapleRdAshWayiie.t\._ECAF.. 0 o e._>) G:\ECAF\Bept\06::JJw\R:oads\885-MapleRdAS1'r~NeyiU _Ordinance. do <:- K' G:\ECAF\Bept\Oet:Pw\Roads\885-MapleRdAshW~_ILA, d 4 c.;{ NON-ELECTRONIC ATTACHMENTS: 1. Interlocal Agreement (2 originals) approved by the City for Amendment 2. Ordinance with Attached Intrerlocal Agreement () 0 - Ilename for cady e.g. G:\ECAF\Dept\06 _pw\roads'docnamemotion)

4 Adopted: Effective: SNOHOMISH COUNTY COUNCIL SNOHOMISH COUNTY, WASHINGTON ORDINANCE NO APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD WHEREAS, the County and the City currently have an Interlocal Agreement concerning the design of improvements to the intersection of Ash Way and Maple Road (the Original Agreement ); and WHEREAS, the County and the City desire to terminate the Original Agreement and enter into a new Interlocal Agreement, which will supersede and replace the Original Agreement; and NOW, THEREFORE, BE IT ORDAINED: Section 1. The County Council hereby adopts the foregoing recitals as findings of fact and conclusions as if set forth in full herein. Section 2. The Snohomish County Council approves and authorizes the Snohomish County Executive, or designee, to execute the Interlocal Agreement between Snohomish County and the City of Lynnwood concerning the design of improvements to the intersection of Ash Way and Maple Road, in the form attached hereto as. PASSED this day of, SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Chairperson ATTEST: Clerk of the Council

5 2 ( ) APPROVED 3 4 ( ) EMERGENCY 5 6 ( ) VETOED 7 8 DATE: County Executive ATTEST: Approved as to form only:.,:,d';-~ 7 k/;) Deputy(~r~ihg Attorney Ordinance No. 15- APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 2 of3

6 EXHIBIT A to ORDINANCE NO INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD [See Attached] Ordinance No APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 3 of 3

7 1 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY 2 OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE 3 INTERSECTION OF ASH WAY AND MAPLE ROAD 4 5 This INTERLOCAL AGREEMENT concerning the design of improvements to 6 the intersection of Ash Way and Maple Road (the "Agreement"), is made and entered 7 into by and between SNOHOMISH COUNTY, a political subdivision of the State of 8 Washington (the "County"), and the CITY OF LYNNWOOD, a Washington municipal 9 corporation (the "City"), collectively the "Parties." 10 RECITALS 11 A B c D E F G. 35 H I The County and the City currently have an Interlocal Agreement concerning the design of improvements to the intersection of Ash Way and Maple Road (the "Original Agreement") that went into effect on December 31, Since the Original Agreement became effective, the City and County have decided to amend the design of the Project, to allow for a pin pile design to better support the road sections. Based on the changes that would be required to the Original Agreement, the Parties have decided to replace the Original Agreement with this Agreement. The County and the City intend that this Agreement shall supersede and replace that Original Agreement between the County and the City. The intersection of Ash Way and Maple Road within the City and certain sections of Maple Road within the unincorporated County extending east from the intersection, experience flooding. Both Parties would like to design improvements to help prevent the Ash Way/Maple Road intersection and sections of Maple Road from being impacted by flood waters (the "Project"). This Agreement relates to the intersection of Ash Way and Maple Road portion of the Project that lies within the City. For purposes of this Agreement, the portion of the Project that is located within the City shall be called the "City's Project Area." The portion of the Project Area that is located within the unincorporated County shall be called the "County's Project Area." The County and the City anticipate that design of the Project will be completed by the end of2016. The County funded a Preliminary Design and the City funded a Flood Study. The County and the City agree that it will be more efficient and mutually beneficial for the County and the City to work together cooperatively to coordinate the design of the Project. The County and the City desire for the County to be the entity responsible for the overall planning and design of the Project, both within the County's Project Area and within the City's Project Area. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page I of II

8 1 J K L M N Pursuant to WAC (1) the County and City also desire for the County to function as the lead agency for the Project for purposes of both the State Environmental Policy Act ("SEPA") and the National Environmental Policy Act ("NEPA"), if and to the extent applicable. For purposes of this Agreement, project management, design, engineering, environmental review and permitting activities performed by or for the County with respect to the City's Project Area, shall be referred to as the "Design Services." While the County intends to design the entire Project, the Parties agree and acknowledge that all promises made under this Agreement by the County to the City are limited to activities involving the City's Project Area. The County expressly makes no promises of any kind or nature to the City regarding the County's Project Area, nor shall the City have any rights under this Agreement to demand performance of any kind from the County relating to the County's Project Area. In exchange for the Design Services provided by the County, the City shall reimburse the County its costs for Project planning as more fully described in this Agreement. Any additional costs for Design Services exceeding the cost estimates as more fully described in this Agreement shall require either an amendment to this Agreement or a new Interlocal Agreement. Any construction services by the County for the City's Project Area shall require either an amendment to this Agreement or a new Interlocal Agreement. 24 AGREEMENT 25 NOW, THEREFORE, in consideration of the respective agreements set forth 26 below and for other good and valuable consideration, the receipt and sufficiency of which 27 are hereby acknowledged, the County and the City agree as follows: Requirements of Interlocal Cooperation Act Purpose of Agreement. This Agreement is authorized by and entered into 30 pursuant to the Interlocal Cooperation Act, Chapter RCW. The purpose and intent 31 of this Agreement is for the County and the City to work together efficiently and 32 effectively to accomplish the Project. This Agreement establishes the County as the lead 33 agency responsible for all aspects of Project planning and design. The City shall 34 cooperate with the County to the extent reasonably necessary for accomplishing the 35 Project, and shall reimburse the County for the County's costs, as defined in this 36 Agreement incurred in performing the Design Services No Separate Entity Necessary. The Parties agree that no separate legal or 38 administrative entities are necessary to carry out this Agreement. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 2 of II

9 1.3 Ownership of Property. Except as expressly provided to the contrary in 2 this Agreement, any real or personal property used or acquired by either party in 3 connection with the performance of this Agreement will remain the sole property of such 4 party, and the other party shall have no interest therein Administrators. Each party to this Agreement shall designate an 6 individual (an "Administrator"), which may be designated by title or position, to oversee 7 and administer such party's participation in this Agreement. The Parties' initial 8 Administrators shall be the following individuals: 9 County's Initial Administrator: City's Initial Administrator: David Lee, PE, Project Mgr. Snohomish County DPW 3000 Rockefeller A venue MIS 607 Everett, Washington david.lee@snoco.org Robert Victor, PE, Project Mgr. City of Lynnwood Public Works Avenue W P. 0. Box 5008 Lynnwood, WA, rvictor@ci.lynnwood. wa. us Either party may change its Administrator at any time by delivering written notice 12 pursuant to Section 12 of this Agreement, of such party's new Administrator to the other 13 party Effective Date and Duration Effective Date. As provided by RCW , this Agreement shall 16 take effect when it has: (i) been duly executed by both Parties, and (ii) either filed with 17 the County Auditor or posted on the County's Interlocal Agreements website Duration. This Agreement shall remain in effect until all obligations of 19 the Parties are discharged, unless earlier terminated pursuant to the provisions of Sections or 11 below; PROVIDED, that the Parties' obligations after December 31st of the year 21 in which this Agreement becomes effective, are contingent upon each Parties' local 22 legislative appropriation of necessary funds in accordance with applicable laws Services Provided by County Lead Agency. Pursuant to WAC (1 ), the County shall serve as 25 the lead agency for the Project for purposes of SEP A, and to the extent applicable, NEP A 26 revtew Permits. The County shall be responsible for obtaining all required 28 agency permits, except City required permits, which may include but are not limited to 29 the following agencies: Washington State Department of Transportation (WSDOT), 30 Washington State Department of Ecology (WSDOE) or Army Corp. of Engineers 31 (ACOE). INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 3 of II

10 1 3.3 Grant of Access. The County shall obtain permission and right-of-entry 2 on, over, under, above and through WSDOT rights-of-way that WSDOT is responsible 3 for maintaining or from private property owners, when in the reasonable judgment of the 4 County engineer, access is necessary for the County in performing the Design Services Design Services. The County shall perform for the City the "Design 6 Services," as that term is defined in Recital K for the portion of the Project located in the 7 City's Project Area in accordance with the Scope of Work as shown in. The 8 Design Services shall be performed by County staff, consultants, sub-consultants, 9 contractors or sub-contractors Project Design. The right-of-way/road sections of the Project shall be 11 designed utilizing the County's Engineering Design and Development Standards 12 ("EDDS") and the Revised Draft Guidelines for Accessible Public Rights-of-Way 13 ("PROWAG"), November 23, 2005, U.S. Access Board in the event accessibility issues 14 arise. The critical area aspects of the Project within the City's Project Area shall be 15 designed to comply with the City's Critical Areas Regulations and the regulations of all 16 applicable state or federal agencies. In the event mitigation is required for impacts to 17 critical areas within the City's Project Area, the mitigation shall be designed pursuant to 18 the City's Critical Areas Regulations. The County shall provide the City with a full and 19 complete copy of the construction design plans for the City's Project Area after the Final 20 plans have been accepted by the City pursuant to Section 6 below and signed by the 21 County Engineer. The County shall segregate the costs of the Design Services associated 22 with the City's Project Area from the total costs of Design Services for the entire Project 23 in the manner described in Section 5 below Quality of Design Services. The Design Services performed by the 25 County under this Agreement shall be of good quality and consistent with appropriate 26 and accepted industry standards Independent Contractor. The County shall perform all Design Services 28 under this Agreement as an independent contractor and not as an agent, employee, or 29 servant of the City. The County has the express right to direct and control the County's 30 activities in providing the agreed Design Services in accordance with the specifications 31 set out in this Agreement Sub-Contracting. The County may, in its sole discretion, hire one or more 33 consultants, and/or sub-consultants, contractors and/or sub-contractors to perform some 34 or all of the Design Services Cooperation by City Cooperation. The City shall cooperate with the County in accomplishing 37 the Project. The City shall make its personnel, including but not limited to its Public 38 Works Department staff, available to the County at reasonable times and upon reasonable 39 advance notice, for purposes of facilitating the County's performance of the Design 40 Services. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 4 of II

11 I 4.2 Grant of Access. The City grants to the County, for the purpose of 2 performing Design Services pursuant to this Agreement, permission and right-of-entry 3 on, over, under, above and through those City rights-of-way that are necessary or 4 convenient, in the reasonable judgment of the County engineer, for the County to access 5 in performing the Design Services City Permits. The City shall provide to the County any City required 7 permits at no cost to the County Estimate, Segregation and Payment of Design Services and Permit Costs 9 10 I I I2 13 I Estimated Cost of Design Services. (a) The estimated cost of Design Services and permits associated with the City's Project Area are as shown in Exhibit B and as amended pursuant to this Agreement; PROVIDED, costs for additional Design Services associated with changes to the Project shall be segregated and paid pursuant to the following: 1. Changes that both parties desire and have been agreed to in an amendment pursuant to Subsection 13.1 of this Agreement, will be segregated pursuant to Subsection 5.2 of this Agreement and the City shall reimburse the County for the City's portion pursuant to Subsections 5.2 and 5.3 ofthis Agreement. 11. Changes requested by either Party that only apply to the City's Project Area and have been agreed to in an amendment pursuant to Subsection 13.1 of this Agreement, will be segregated to the City and the City shall reimburse the County for the total cost of the change pursuant to Subsections 5.2 and 5.3 of this Agreement. iii. Changes requested by the County and that only apply to the County's Project Area do not require an amendment to this Agreement and will be paid by the County. (b) The Parties agree the estimated cost of Design Services associated with the City's Project Area shall not exceed the subtotal amount as shown in Exhibit B of this Agreement for work performed by County staff and outside consultants, without written approval from the City pursuant to Sections 12 and 13 ofthis Agreement Segregation of Cost for Design Services Performed by County Consultants 34 and Permits. The Parties desire to segregate the total cost of Design Services performed 35 by County consultants and the permits needed for the Project (excluding City permits) in 36 a fair and equitable manner. These costs shall be allocated thirty four percent (34%) to 37 the City's Project Area and sixty six percent (66%) to the County's Project Area. This 38 segregation was agreed upon on the basis of linear feet with approximately 510 feet for 39 the City and 990 feet for the County for the Project. INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 5 of II

12 1 5.3 City Reimbursement of Costs for Design Services Performed by County 2 Staff. The County shall be reimbursed by the City for the costs of the Design Services 3 provided by County staff on a time and materials basis plus an administrative overhead 4 fee pursuant to section 5.4 of this Agreement. The County agrees that only those costs 5 directly attributed to the Design Services associated with the City's Project Area and 6 allowed under accepted accounting procedures will be charged to the City. By way of 7 example, those costs directly attributed may include, but are not limited to, the following 8 types of cost components: 9 (a) Salaries, wages, benefits of all County employees engaged therein; 10 (b) Travel expenses, including mileage of County employees; 11 (c) Materials, when provided by the County; 12 (d) County-owned machinery and equipment, for which the County 13 equipment rental rate shall be included in computing the cost of the 14 machinery and equipment; 15 (e) Other costs and incidental expenses; including depreciation on County 16 machinery and equipment; 17 (f) The full cost to the County of rental machinery and equipment, together 18 with any operator furnished therewith; 19 (g) The cost of equipment, supplies, and related expenses when purchased by 20 the County; 21 (h) Payment to consultants, sub-consultants, contractors or sub-contractors for 22 work performed on behalf of the County that is associated with the City's 23 Project Area; and 24 (i) The cost of permits required from other agencies, except the City Administrative Costs. For the purpose of fixing the compensation to be 26 paid by the City to the County for the County performing Design Services, it is agreed 27 that there shall be included in each billing, to cover administrative costs, an amount not to 28 exceed the County administrative rate. This rate is currently set at 15% of the total labor 29 cost, including benefits, to the County for only those County employees perfonning 30 Services for the City under this Agreement. The administrative rate is not included in 31 charges for materials, equipment or payments to contractors or subcontractors. This rate 32 may be reasonably adjusted annually to reflect changes in actual administrative costs 33 without the need for a formal amendment of this Agreement Invoicing and Payment. The County shall invoice the City for the Design 35 Services performed by the County as shown in Exhibit B. Invoices may be sent monthly, 36 or on any other schedule that is mutually convenient and agreed to by the parties. The 37 County shall include in each invoice, documentation of costs for labor, materials and 38 equipment included in the invoice for the Design Services together with a running 39 balance of the City's subtotal amount and twenty five percent (25%) contingency 40 amount, if the subtotal amount has been exceeded, as shown in Exhibit B of this 41 Agreement. Unless the City delivers written notice to the County disputing the amount INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 6 of II

13 of a particular invoice, the City shall make payment on all invoices submitted by the 2 County within thirty (30) days following receipt by the City of said invoices. Timely 3 payment of an invoice shall not constitute acceptance by the City of the Services at issue. 4 Instead, the City's acceptance of Services shall be governed by Section 6 below Review and Acceptance by City of Project Design for City's Project Area Review and Acceptance of Design for City's Project Area. The City shall 7 have the right to review and comment on the design of the City's Project Area portion of 8 the Project. Such review and comment shall occur as described in this Section Design Review Notice. The County shall provide the City with written 10 notice (each such notice, a "Design Review Notice") when the design for the City's 11 Project Area is at the following completion stages: (i) sixty percent (60%) and (ii) ninety 12 percent (90%). The City shall have twenty (20) business days after receiving a Design 13 Review Notice in which to review the construction design plans at issue and deliver 14 written comments to the County. The County shall use it best and reasonable efforts to 15 include the City's comments in the final design Deemed Acceptance. Should the City fail to respond to a Design Review 17 Notice within the twenty (20) business day period set forth above, the City shall be 18 deemed to have accepted and approved the portion of the Design Services at issue Indemnification/Hold Harmless County's Indemnification of City. The County shall indemnify, defend 21 and hold the City harmless from and against all liabilities, suits, losses, costs, damages, 22 claims, expenses, penalties or charges, including, without limitation, reasonable 23 attorneys' fees and disbursements, that the City may incur or pay out by reason of: (i) any 24 accidents, damages or injuries to persons or property occurring in, on, about or around 25 the City's Project Area due to or arising out of the County's performance of Design 26 Services pursuant to this Agreement, but only to the extent such accidents, damages or 27 injuries are due to any negligent or wrongful act or omission of the County; or (ii) any 28 breach or Default (as such term is defined in Section 10.1 below) by the County under 29 this Agreement City's Indemnification of County. The City shall indemnify, defend and 31 hold the County harmless from and against all liabilities, suits, losses, costs, damages, 32 claims, expenses, penalties or charges, including, without limitation, reasonable 33 attorneys' fees and disbursements, that the County may incur or pay out by reason of: (i) 34 any accidents, damages or injuries to persons or property occurring in, on or around the 35 City's Project Area during the term of this Agreement, but only to the extent the same are 36 caused by any negligent or wrongful act of the City; or (ii) any breach or Default (as such 37 term is defined in Section 10.1 below) of the City under this Agreement Waiver of Immunity Under Industrial Insurance Act. The indemnification 39 provisions of Section 7.1 and Section 7.2 above are specifically intended to constitute a 40 waiver of each party's immunity under Washington's Industrial Insurance Act, Title 51 INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 7 of I I

14 1 RCW, as respects the other party only, and only to the extent necessary to provide the 2 indemnified party with a full and complete indemnity of claims made by the indemnitor's 3 employees. The parties acknowledge that these provisions were specifically negotiated 4 and agreed upon by them Survival. The provisions of this Section 7 shall survive the expiration or 6 earlier termination of this Agreement Insurance 8 Each party shall maintain its own insurance and/or self-insurance for its liabilities 9 from damage to property and /or injuries to persons arising out of its activities associated 10 with this Agreement as it deems reasonably appropriate and prudent. The maintenance 11 of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the 12 indemnifying part to the indemnified party(s) Compliance with Laws 14 In the performance of its obligations under this Agreement, each party shall 15 comply with all applicable federal, state, and local laws, rules and regulations Default and Remedies Default. If either Party fails to perform any act or obligation required to 18 be performed by it hereunder, the other party shall deliver written notice of such failure to 19 the non-performing party. The non-performing party shall have thirty (30) days after its 20 receipt of such notice in which to correct its failure to perform the act or obligation at 21 issue, after which time it shall be in default ("Default") under this Agreement; provided, 22 however, that if the non-performance is of a type that could not reasonably be cured 23 within said thirty (30) day period, then the non-performing party shall not be in Default if 24 it commences cure within said thirty (30) day period and thereafter diligently pursues 25 cure to completion Remedies. In the event of a party's Default under this Agreement, then 27 after giving notice and an opportunity to cure pursuant to Section 10.1 above, the non- 28 Defaulting party shall have the right to exercise any or all rights and remedies available 29 to it in law or equity Early Termination Notice of Early Termination. Either party may terminate this Agreement 32 at any time, with or without cause, upon providing not less than thirty (30) days advance 33 written notice to the other party pursuant to Section 12 of this Agreement. The 34 termination notice shall specify the date on which the Agreement shall terminate Calculation of Costs Due Upon Termination. Upon early termination of 36 this Agreement as provided in this Section 11, the City shall pay the County for all INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 8 of II

15 1 Design Services performed up to the date of termination, as well as the costs of any and 2 all non-cancelable obligations or penalties incurred by the County as a result of the 3 cancellation of Design Services for the City's Project Area. The County shall invoice the 4 City within sixty (60) days after the date of termination of all remaining costs including 5 non-cancelable costs. Non-cancelable obligations shall mean the County's contractual 6 obligations for Design Services equipment or Design Services associated with the City's 7 Project Area that either cannot be canceled or if cancellable, would require the payment 8 of a penalty such as, but not limited to, the following: (a) (b) (c) (d) The cost to the County of rental machinery and equipment, together with any operator furnished therewith if applicable; The cost of equipment or supplies that can't be returned, when purchased by the County; The cost or penalties incurred for the return of equipment or supplies, when purchased by the County; or Payment to consultants, sub-consultants, contractors or sub-contractors for work performed on behalf of the County No payment shall be made by the City for any expense incurred or 18 Design Services performed following the effective date of termination unless authorized 19 in writing by the City or they are determined to be non-cancelable obligations pursuant to 20 section 11.3 of this Agreement Notices 22 All notices required to be given by any party to the other party under this 23 Agreement shall be in writing and shall be delivered either in person, by United States 24 mail, or by electronic mail ( ) to the applicable Administrator or the Administrator's 25 designee. Notice delivered in person shall be deemed given when accepted by the 26 recipient. Notice by United States mail shall be deemed given as of the date the same is 27 deposited in the United States mail, postage prepaid, and addressed to the Administrator, 28 or their designee, at the addresses set forth in Section 1.4 of this Agreement. Notice 29 delivered by shall be deemed given as of the date and time received by the 30 recipient Miscellaneous Entire Agreement; Amendment. This Agreement constitutes the entire 3~ agreement between the parties regarding the subject matter hereof, and supersedes any 34 and all prior oral or written agreements between the parties regarding the subject matter 35 contained herein. Specifically, this Agreement terminates and supersedes the Original 36 Agreement. This Agreement may not be modified or amended in any manner except by a 37 written document signed by both Parties; PROVIDED, that the County and City Public 38 Works Directors are authorized to execute written amendments to the Agreement for 39 extra services requested pursuant to Sub-sections 5.1 (a) i or ii of this Agreement or to INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 9 of II

16 1 change the City's estimated cost of design services as shown in Exhibit B of this 2 Agreement Governing Law and Venue. This Agreement shall be governed by and 4 enforced in accordance with the laws of the State of Washington. The venue of any 5 action arising out of this Agreement shall be in the Superior Court of the State of 6 Washington, in and for Snohomish County. 7 I3.3 Interpretation. This Agreement and each of the terms and provisions of 8 it are deemed to have been explicitly negotiated by the Parties, and the language in all 9 parts of this Agreement shall, in all cases, be construed according to its fair meaning and 10 not strictly for or against either of the Parties hereto. The captions and headings in this II Agreement are used only for convenience and are not intended to affect the interpretation I2 of the provisions of this Agreement. This Agreement shall be construed so that wherever I3 applicable the use of the singular number shall include the plural number, and vice versa, 14 and the use of any gender shall be applicable to all genders. I5 I3.4 Severability. If any provision of this Agreement or the application 16 thereof to any person or circumstance shall, for any reason and to any extent, be found 17 invalid or unenforceable, the remainder of this Agreement and the application of that 18 provision to other persons or circumstances shall not be affected thereby, but shall instead 19 continue in full force and effect, to the extent permitted by law No Waiver. A party's forbearance or delay in exercising any right or 2I remedy with respect to a Default by the other party under this Agreement shall not 22 constitute a waiver of the Default at issue. Nor shall a waiver by either party of any 23 particular Default constitute a waiver of any other Default or any similar future Default No Assignment. This Agreement shall not be assigned, either in whole 25 or in part, by either party without the express written consent of the other party, which 26 may be granted or withheld in such party's sole discretion. Any attempt to assign this 27 Agreement in violation of the preceding sentence shall be null and void and shall 28 constitute a Default under this Agreement Warranty of Authority. Each of the signatories hereto warrants and 30 represents that he or she is competent and authorized to enter into this Agreement on 3 I behalf of the party for whom he or she purports to sign this Agreement No Joint Venture. Nothing contained in this Agreement shall be 33 construed as creating any type or manner of partnership, joint venture or other joint 34 enterprise between the Parties No Third Party Beneficiaries. This Agreement and each and every 36 provision hereof are for the sole benefit of the City and the County. No other persons or 37 parties shall be deemed to have any rights in, under or to this Agreement. 38 I3.IO Execution in Counterparts. This Agreement may be executed in two or 39 more counterparts, each of which shall constitute an original and all of which shall 40 constitute one and the same agreement INTERLOC AL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page 10 of II

17 1 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the last 3 date written below SNOHOMISH COUNTY: CITY OF LYNNWOOD: By: 10 John Lovick By: Nicola Smith 11 Snohomish County Executive Mayor 12 Date: Approved as to Form: Approved as to Fonn: Deputy Prosecuting Attorney City Attorney Rosemary Larson 24 [71ze remainder o(this page is intentional~v left blank.} INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF LYNNWOOD CONCERNING THE DESIGN OF IMPROVEMENTS TO THE INTERSECTION OF ASH WAY AND MAPLE ROAD Page II of II

18 EXHIBIT A 2 3 SCOPE OF WORK 4 5 Given the common design features and the complexities involved in designing the 6 Project, it is not practical to separate the scope of work between the County's Project 7 Area and the City's Project Area associated with outside consultants and therefor the 8 portion of the Scope of Work associated with outside consultants represents the Scope for 9 the entire Project and not just the City's Project Area. The portion of the Scope of Work 10 associated with work performed by County staff is only applicable to the City's Project 11 Area The County and the City with support from the outside consultant (Consultant) have 14 prepared the following scope of services. The County is the lead agency for this project 15 with input and support from the City. The County and the City will collaborate 16 concerning review comments and project changes. The County will coordinate with the 17 Consultant concerning review comments and project changes. from the County and the 18 City. Project changes requested by the City will be approved by the County INTRODUCTION 25 Scope of Services Snohomish County Public Works Maple Road/Ash Way Project 26 Snohomish County and the City of Lynnwood are working together to address 27 flooding in the vicinity of the intersection of Maple Road and Ash Way. Maple 28 Road from the intersection with Ash Way to the east under SR 525 Bridge and 29 southeast alongside the Washington State Department of Transportation 30 (WSDOT) detention pond floods frequently. This flooding forces multiple 31 closures per year negatively impacting access into the City and emergency 32 vehicle response times. Settlement has also been a significant issue in this area 33 resulting in extreme pavement cross slopes. An alternative analysis to mitigate 34 the flooding and settlement was prepared by WHPacific in The purpose of 35 this scope of services is to build upon the recommendation in the alternative 36 analysis and advance the design through final plans, specs and estimate 37 (PS&E) Project duration is 12 months from Notice to Proceed to completion. The target 40 for completing the final plans is early 2016 with construction occurring during 41 summer of Future project phases may include Construction Administration and Management 44 Services phase. The scope and extent of assistance during bidding and 45 construction engineering services will be determined after final design. 46 Page I of22

19 Services provided by the Consultant consist of: Task 1 -Project Management and Coordination Task 2- Survey and Base mapping Task 3- Utilities Coordination Task 4- Environmental Support Task 5- Agency Coordination Task 6- Geotechnical Task 7- Storm Drainage Task 8- Structural Design Task 9- Plans, Specifications and Estimates (PS&E) Preparation Task 10- Bidding Support Task 11 - Stormwater Pollution Prevention Plan (SWPPP) Task 12- Project File Management and Electronic Exchange of Engineering and Other Data Task 13- Optional Waterline Design Task 1 -Project Management 1.1 Project Administration Provide continuous project management administration (billing invoices, monthly progress reports) and coordination with County staff throughout the project's duration. Monitor the project budget and schedule. 1.2 Project Coordination Meetings Participate in monthly project coordination meetings with the County (assume 12 meetings). Attend up to six (6) additional coordination meetings with County resource groups and staff on an as needed basis. Assist in the preparation of meeting agendas and prepare meeting minutes. Utility coordination meetings are not included in this task. 1.3 Project Work Plan Prepare a work plan for the project at the beginning of the project which includes a communication plan, stakeholder identification, deliverables, a quality control plan, and procedures for change management. 1.4 Quality Assurance Prepare independent QA/QC plan reviews of the 60% PS&E, 90% PS&E, Final PS&E, Draft and Final Drainage Report by senior staff. Page 2 of22

20 1 1.5 In-house Technical Review 2 3 Conduct an in-house technical review at the 60%, 90% and Final PS&E, 4 separate from, and a minimum of one week prior to the QA/QC reviews to 5 analyze constructability and correlate plans and reports with the intent of the 6 project and this scope of services. These reviews will be conducted with 7 principal staff members. 8 9 Deliverables: 10 Project Administration - Including monthly: meetings, agendas, and 11 minutes, progress reports, schedule updates and invoices. 12 Draft project work plan and Final project work plan (1 each) 13 In-house Technical review of roadway and drainage design against 14 placement of utilities 15 QA/QC plans, QC markups, documents and reports prepared by 16 Consultant as detailed in this scope of work Task 2- Survey and Basemapping The Consultant shall supplement the existing topographic survey. It is 21 anticipated that additional survey will be needed to construct the outfall of the 22 relocated Tunnel Creek. A swath 500 feet by 100 will need to be surveyed from 23 the SR525 overcrosssing heading north to North Creek as identified by the 24 County. The area to be surveyed is heavily brushed wetland. One hundred foot 25 sections will be taken at 25 foot intervals. The survey will be conducted in 26 advance of the 60% plans and estimate Assumptions: 29 County will provide existing basemap file using Civii3D with field survey 30 data, DTM surface, and support files suitable for external referencing into 31 design files. 32 County will provide Civii3D file containing field survey data, DTM surface 33 and support files suitable for external referencing into design files after 34 each additional survey is completed Deliverables: 37 Additional topographic mapping Task 3- Utility Coordination Identify Utilities Previously identified public and private utilities within or adjacent to the project 44 right-of-way will be confirmed and a list of the utility names, company addresses, Page 3 of22

21 1 contact staff, addresses, and phone numbers will be provided by the 2 County. This will be reviewed with the County for comments. 3 4 Deliverables: 5 Updated utility identification list with contact information Utility Coordination 8 9 The Consultant will coordinate with the various public and private utilities along 10 the route. Coordination will include working with the identified utilities to allow for 11 each to be included under the County's project permits and environmental 12 documents Items in this task shall include: 15 Preparing and maintaining a utility coordination contact log. 16 Coordinating and attending up to two (2) office meetings with each of the 17 franchises located within the project limits (60% and 90% design) and 18 preparing meeting minutes. Also coordinate and attend up to two "pre- 19 pothole" meetings with affected utility franchises, utility locate service 20 vendor and County staff as well as "post-pothole" meetings individually, 21 with each affected utility, to discuss facility relocation. 22 Acquire and review record drawings of existing utilities within the project 23 limits. 24 Manage Pothole program on behalf of utilities after the constructability 25 review. Prepare conflict plans and matrix, distribute results to utilities. 26 Identifying potential utility conflicts and pothole locations based on the 27 Revised 60% plans (Note: potholing will be accomplished by the utility 28 franchises or designated utility locate service vendor) and 90% PS&E It is assumed that five utilities exist along corridor. These include: 31 Power (Snohomish County PUD) 32 Communication and Fiber-optics (Frontier and Comcast) 33 Water/Sewer (Aiderwood Water and Sewer District) 34 Sewer (King County Metro) 35 Water (City of Lynnwood) 36 Gas Distribution (Puget Sound Energy) Stormwater is assumed to be fully under the jurisdiction of the County and 39 coordination for this utility will be performed under Task 7- Storm Drainage It is assumed that the incorporation of any utility franchise design, such as new or 42 upgraded waterlines, into the contract documents is not included in this scope of 43 services and considered an Optional Service. 44 Page 4 of22

22 1 It is assumed that the County will prepare inter-local agency agreements 2 between the County and the utility agencies for incorporation of contract services 3 to be included in the County's construction contracts. Examples of the services 4 that could be included are: the adjustment of utilities, removal of abandoned 5 structures and facilities, trenching, relocation of water lines, and traffic control. 6 7 Oeliverables: 8 See Attachment A, Consultant Utility Engineering Guidelines 9 Utility coordination contact log 10 Meeting minutes 11 Separate Underground and Overhead Utility Plan sheets and Conflict 12 Resolution Spreadsheet information (including plan, profile, cross section, 13 conflict matrix) to be included in each PS&E submittal Utility Information The Consultant will provide utility information to the County in electronic format 18 with data provided in Civil30 files. The information will include updated utility 19 information collected from the utility agencies (existing and abandoned as 20 identified on the plans provided by the utility companies), information gathered 21 from a walk-through site assessment, information provided by supplemental field 22 surveys, identified utility adjustments as noted in inter-local agreements, and 23 special provisions related to known utility conflicts Oeliverables: 26 Utility information updated according to pothole results at Revised 60% 27 provided in Civil 30 files 28 Utility information updated according to pothole results at 90% provided in 29 Civil 30 files 30 Utility information on inter-local agreements at 90% provided in Civil files Pothole Exploration The Consultant will coordinate with the associated utility franchises to perform 36 potholing explorations at the 60% PS&E and 90% PS&E levels. It is assumed 37 that each utility franchise has an agreement or will use a utility locate service or 38 its own forces. "pre-pothole" and "post-pothole" meetings as described above will 39 be conducted. In the "pre-pothole" meetings with vendors and franchises, 40 expectations related to traffic control and restoration of pothole locations will be 41 discussed Oeliverables: 44 Potholing map showing location, date and time of exploration, and finding 45 notes. Page 5 of22

23 Task 4- Environmental Documentation Support and Coordination 4.1 Coordination for Environmental Documentation and Permit Requirements The Consultant will assist the County in preparing environmental documentation and permits to construct the proposed improvements. Permit assistance will be limited to providing design information and project improvement descriptions for inclusions in the documents including JARPA/Army Corp sketches. Consultant will provide information and exhibits on the surface water design features of the project for technical support of environmental permitting. The Consultant will present permitting support information to the County for one draft and final review. The Consultant will provide one draft and one final revision. Deliverables: Technical data in a format (Word, Excel or Graphics) for use by County Environmental Group. Assumptions: The project is within the Swamp Creek basin, includes several wetlands and fish bearing stream. As such, the following is a summary of environmental documentation required and current status: o SEPA- completed by the County o Corp Permit 404- Nationwide, Individual and Section 19 o Section 7 Endangered Species Act Consultation o Section 401 Water Quality Certification o Hydraulic Project Approval o Critical Area Compliance Certification o NPDES and Land Disturbing Activity Permit 4.2 Coordination for Wetland Delineation Characterization The Consultant will coordinate with the County in identifying impacts to the sensitive areas adjacent to the proposed improvements. Delineation and classification have been conducted by the County. The project is flanked by the wetland for the majority of the project footprint. Three culverts will be replaced to accommodate the proposed improvements. The County will provide surveyed locations of the wetlands to the Consultant and identification of buffer widths. 4.3 Assistance in Public Involvement The Consultant will assist the County in review of newsletters and web page updates as requested. An open house is not anticipated for the remainder of the Page 6 of22

24 design. Any meeting or coordination with the adjacent property owners will be 2 led by County staff. No involvement from the Consultant is anticipated Task 5- Agency Coordination 6 7 Consultant will assist the County in coordinating with WSDOT and the City of 8 Lynnwood Assumptions: 11 County will coordinate with the City of Lynnwood. Consultant will provide 12 technical support for areas such as the roadway details, drainage system 13 improvements, utility coordination, and structural design. 14 County will submit to WSDOT all plans and provisions necessary for 15 review by WSDOT. 16 The fee effort for this task assumes revisions to the design based on the I 7 WSDOT review will be minor in nature. If major revisions in concept are 18 suggested by WSDOT and it is determined that they need to be 19 implemented, this will be considered additional work Task 6- Geotechnical The intent of this task is to collect additional subsurface information that will be 24 used to develop geotechnical recommendations related to the design of a pile- 25 supported roadway and associated drainage improvements (i.e., three culvert 26 installations) that are proposed in the vicinity of the intersection of Maple Road 27 and Ash Way. Landau Associates, the geotechnical subconsultant, conducted a 28 geotechnical investigation for this project in 2014; however, at the time the 29 investigation was conducted, the railroad ballast alternative was the preferred 30 alternative and now a pile-supported road is the preferred alternative. 31 Consequently, the focus of the 2014 geotechnical investigation was to estimate 32 the thickness of shallow fill that overlies the peat, not collect geotechnical 33 information that is needed to develop geotechnical recommendations related to 34 the design of a pile supported roadway In order to further characterize soil and groundwater conditions in the vicinity of 37 the proposed roadway and drainage improvements, Landau Associates will 38 advance four exploratory borings along the project alignment. Each exploratory 39 boring will be advanced to an average depth of 40 ft below the ground surface. 40 Prior to performing field activities, Landau Associates will arrange for 41 underground utility location ("call before you dig"). A drilling contractor under 42 subcontract to Landau Associates will complete the exploratory borings with a 43 truck-mounted drill rig advancing hollow-stem augers. The pavement section at 44 the boring locations will be patched using fast-setting concrete. It is assumed 45 that Portland cement concrete pavement is not present below the asphalt 46 concrete pavement at potential sites for the proposed exploratory borings. Page 7 of22

25 1 2 The proposed exploratory borings will be completed within the travel lanes of 3 Maple Road and Ash Way. As a result, temporary lane closures will be required 4 to complete the proposed borings. Landau Associates will prepare and submit a 5 traffic control plan to the County and the City of Lynnwood, and provide the 6 necessary flaggers and warning signs for a lane closure. It is assumed that the 7 County/City of Lynnwood will issue a no cost Right-of-Way Permit. In addition, 8 Landau Associates will arrange for underground utility location ("call before you 9 dig") prior to performing field activities A geologist or geotechnical engineer from Landau Associates will supervise the 12 exploration work, obtain soil samples from the borings, and prepare field logs of 13 conditions encountered in the explorations. Soil samples will be obtained from 14 the exploratory borings on about a 2.5- or 5-ft depth interval using the Standard 15 Penetration Test (SPT) procedure, and delivered to Landau Associates' 16 laboratory for further examination and classification. Soil samples obtained from 17 the explorations will be held in Landau Associates' laboratory for 30 days after 18 submittal of the final report. After that date, the soil samples will be disposed of 19 unless arrangements are made to retain them. If groundwater is observed within 20 the depths of the proposed boreholes, Landau Associates will record the depth to 21 the top of the water table. Landau Associates is not proposing to install 22 piezometers in the borings to monitor groundwater levels over time. Upon 23 completion of sampling and logging, the borings will be decommissioned in 24 accordance with the applicable sections of WAC Excess cuttings from 25 the exploratory borings will be properly disposed at an offsite location Landau Associates will complete a geotechnical laboratory testing program 28 consisting of natural moisture content and grain size and/or Atterberg Limit 29 determinations on selected soil samples to aid in classifying site soils. For 30 budget purposes, 24 moisture content and 12 grain size analyses or Atterberg 31 Limit determinations are included Information from the field investigation will be analyzed by a geotechnical 34 engineer from Landau Associates and geotechnical engineering conclusions and 35 recommendations for design and construction of the proposed roadway and 36 drainage improvements will be developed The results of the field explorations, laboratory testing, engineering analyses, and 39 geotechnical engineering conclusions and recommendations will be summarized 40 in a draft geotechnical report for review by the County. Upon receipt of review 41 comments, Landau Associates will address the comments and submit a signed 42 and sealed geotechnical report. The report will include: A site plan showing the locations of readily available relevant prior 45 explorations completed in the vicinity of the project area, as well as the 46 locations of the explorations proposed herein Page 8 of22

26 1 Descriptive logs of the explorations completed by Landau Associates and 2 others in the vicinity of the project area 3 Results of the geotechnical laboratory testing program. 4 Results of the geophysical survey that was completed during a previous 5 phase of this project. 6 A discussion of the soil and groundwater conditions observed by Landau 7 Associates and others in the explorations conducted in the vicinity of the 8 project area. 9 A discussion of the soil and groundwater conditions anticipated along the 10 project alignment, including an estimate of the lateral extent of the peat 11 deposit in the project area based on available geotechnical and 12 geophysical data. 13 A qualitative discussion of the possible impacts to existing facilities in the 14 project area (e.g., pile supported sewer, other underground utilities, SR piles, etc.) that could occur if the grades of Maple Road and Ash Way 16 are raised by adding additional fill in areas that are underlain by peat. 17 Geotechnical conclusions and recommendations for the project, including: o A summary of earthquake hazards, including site-specific horizontal peak ground accelerations (PGAs) for design that is consistent with requirements in the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) LRFD Bridge Design Specifications o Recommendations for subgrade preparation for new pavement sections in areas that are not underlain by peat, including reuse of site soil, and criteria for selection, placement, and compaction of structural fill o A discussion related to anticipated excavation conditions at the proposed culvert locations o Recommended temporary excavation slopes for the excavations that will be required to install the proposed culverts o Recommendations for temporary construction dewatering when installing the proposed culverts o Recommendations for temporary shoring for the excavations associated with the proposed culverts o A discussion regarding the anticipated feasibility of reusing site soil as backfill material o Backfill material selection, placement, and compaction criteria for the material that will be placed against the proposed culverts o A discussion related to lateral earth pressures on below grade structures (i.e., culverts) Page 9 of22

27 1 o Geotechnical recommendations for pin pile or other deep 2 foundation support of up to three major culvert crossings and 3 a portion of the roadway that is being improved, including 4 recommended pile type and size along with allowable 5 vertical capacity, estimated lateral loading design 6 parameters, and down drag loads on the piles. 7 o Recommendations for geotechnical monitoring and 8 consultation during construction Landau Associates will participate in two meetings with the project team. The 11 purpose of these meetings will be to discuss the results of the field investigation 12 and respond to geotechnical questions related to the design of the project Deliverables: 15 Draft Geotechnical Report 16 Final Geotechnical Report addressing County review comments Task 7- Storm Drainage 7.1 Design Criteria Consultant will create a pre-design record to document which criteria will be used for the drainage design on this project base upon previously prepared documentation. All drainage elements associated with this project will be designed using the Snohomish County Engineering Design and Development Standards (EDDS), the Snohomish County Code (SCC) and the 2010 Snohomish County Drainage Manual (SCDM). Assumptions: Flow Control will not be required as part of this project Water Quality Treatment will not be required as part of this project Previous prepared downstream and upstream analysis will be adequate for the project. Deliverables: One ( 1 ) PDF copy of the Pre-Design Record 7.2 Site Assessment and Mapping Consultant will prepare site assessment maps showing existing drainage features within the project area and identify threshold discharge areas (TDAs) including the :.4 mile flow paths used in determining each TDA. This information will be used for appropriate documentation in the Hydraulic Report. These site assessment maps and exhibits will include: Page 10 of22

28 1 2 Assumptions: 3 County to provide survey information which will aid in the creation of the 4 site assessment mapping. 5 6 Deliverables: 7 Site Assessment Maps in 11 x17 sheet size with a scale of 1 :50 8 (approximately 6 sheets), to be included in the drainage report Drainage Report Consultant will assemble a draft (60%) and final Drainage Report. The drainage 13 report will include a written assessment and summary of the surface water 14 design features on the project, summary of tables, pipe capacity calculations, 15 upstream and downstream analysis, drainage basin maps and supporting 16 exhibits Assumptions: 19 The previously prepared upstream and Downstream analysis, will be 20 provided and referenced in the drainage report as reference Deliverables: 23 Draft Drainage Report at 60% PS&E (One (1) comb bound hard copy) 24 Final Drainage Report at 90% PS&E (One (1) comb bound hard copy, 1 25 electronic copy on CD in Word/Excel (editable) and PDF formats) Culvert & Channel Conveyance Calculations The Consultant will prepare conveyance capacity calculations for ditches and 30 culvert segments within the road project limits as follows: a. 60% PS&E: Prepare preliminary culvert/ditch SIZing calculations, 33 using full-flow conditions with the Manning equation 34 and Rational Method (Stormshed 3G). 35 b. 90% PS&E: Prepare final detailed culvert/ditch capacity backwater 36 calculations, using Stormshed 3G or an equivalent 37 backwater calculation software program. 38 c. Final PS&E: Update conveyance calculations for the Drainage 39 Report Assumptions: 42 Gutter flow analysis will not be required as part of this project Deliverables: 45 Storm Culvert/Ditch Conveyance Calculations (to be included in the 46 Drainage Report). Page II of22

29 HEC-RAS Modeling and Preliminary Discharge Channel Design 3 4 Northwest Hydraulic Consultants Inc. (NHC), as a subconsultant to Perteet Inc., 5 will provide hydraulic analysis and preliminary channel design services in support 6 of Perteet's design of the Maple Road/Ash Way flood reduction project for 7 Snohomish County (County). 8 9 The Specific Scope of Work below describes the tasks associated with NHC's 10 role in the project. Assuming timely receipt of required data and information, 11 NHC anticipates completing this scope of work within three months of receiving 12 notice to proceed Modeling 15 NHC will develop a HEC-RAS 1 D/20 model of the study area, which will 16 be linked to a portion of the County's existing Swamp Creek HEC-RAS 17 model to provide downstream boundary conditions. The model will 18 represent the with-project drainage system only (i.e. no additional existing 19 drainage system modeling will be performed). HEC-RAS geometry inputs 20 will be obtained from the existing WH Pacific HEC-RAS model, plans for 21 the proposed with-project drainage system and road elevations, available 22 LiDAR elevation data, and survey collected by others as part of this work 23 (see following task). NHC anticipates using 20 modeling within HEC-RAS 24 for the Maple Road/Ash Way intersection and vicinity, where the most 25 significant existing flooding problems occur NHC will perform unsteady flow simulations of 10-, 25-, and 100-year 28 events in HEC-RAS. Flow inputs to the HEC-RAS model will be obtained 29 from the existing HSPF model (updated with the recent Costco 30 development, if detention plans are available). The County anticipates 31 developing a future land use condition hydrologic scenario for the Swamp 32 Creek basin in a parallel project to this one. If flows are available on the 33 schedule needed for this project, NHC will also simulate future conditions , 25-, and 100-year events to assess potential future changes in water 35 levels affecting the project. 36 Consistent with County permit requirements, NHC will compare existing 37 and with-project water surface elevations on Swamp Creek to determine 38 whether improvements associated with this project impact the 100-year 39 water level. Note that this analysis would not be conducted to the level of 40 detail required to meet FEMA no-rise certification, and additional work 41 beyond this scope would be needed if the County determines that the 42 project would trigger FEMA requirements Data Requirements: 45 High-resolution LiDAR OEM Page 12 of22