03-024.00 WSDOT: Pines & Trent Roadway MaintenanceSpokr Valley Agreement
Contrb-c No. C63-24
Approved: p'tcvu,l.. gAct>3
MASTER AGREEMENT FOR ROADWAY MAINTENANCE
GM - 01399
STATE MAINTENANCE OF CITY OF SPOKANE VALLEY OWNED ROADWAY ON STATE
ROUTE 27 (PINES) AND STATE ROUTE 290 (TRENT)
This AGREEMENT made and entered into this �9A day of % /0"ll , 2003 is
by and between the STATE OF WASHINGTON, Department of Transportation, acting through the
Secretary of Transportation, hereinafter called the "STATE", and the Cit} of Spokane Valley, Spokane
County, Washington hereinafter called the "LOCAL AGENCY"; acting through the Interim Public
Works Director of the LOCAL AGENCY, hereinafter called the "CHIEF EXECUTIVE"
WHEREAS, the LOCAi.. AGENCY owns certain Roadways including SR -27 and SR -290 within the
corporate limits of the City as a result of Incorporation within Spokane County, and the LOCAL
AGENCY must assttme certain maintenance and operational responsibilities by virtue of RCW
47.24.0 10 and RCW 47.24.020, and
WHEREAS, it would be to the mutual benefit of the STATE and the LOCAL AGENCY for the
STATE to perform the operation and maintenance of certain Roadways to the extent set forth in this
AGREEMENT, and to establish, in writing, each party's responsibility.
NOW THEREFORE, by virtue of RCW 47.23.140 and in consideration of the terms, conditions,
covenants, and performance contained herein or attached and made part of
IT IS MUTUALLY AGREED AS FOLLOWS:
Gi:NERAL
The STATE agrees to perforin certain roadway maintenance acid operation activities for the LOCAL
AGENCY at the expense of the LOCAL AGENCY as outlined in Exhibit "A" Estimate of Cost
attached hereto and by this reference made part of this AGREEMENT.
GM 01399
An�
CO3-24
The LOCAL, AGENCY and STATE will meet as necessary / a minimum annually to review
coordination issues, system changes, and maintenance and operations issues for the LOCAL AGENCY
owned roadways. The LOCAL AGENCY retains ownership of said roadways. As such, the SPATE
will coordinate review of modifications with the LOCAL. AGENCY prior to implementation. The
exception is where extraordinary circumstances require the STATE to take immediate remedial action.
in the event a condition exists resulting fi-om storm damage, third party damage, or other reasons, the
STA'L'E may of their own volition, remove any obvious and immediate traffic hazards before
notification to the LOCAL. AGENCY. The STATE is responsible for implementing and maintaining
necessary traffic control from the point at which the condition is identified until the roadway is restored
to it's previous fiinctional state.
II
STATE RESPONSIBILITY
As to the Roadways identified in Exhibit "A," the STATE shall be responsible to perform the following
tasks:
A. Original paving plans and all revisions thereto, as determined by the STATE, shall be reviewed
by the LOCAL, AGENCY'S Public Works Director before the plan and/or any revisions are
implemented. As defined in RCVS' 4724, the STATE shall continue to pave SR -27 and S.R-290.
B. Provide routine maintenance and operation which shall involve the performance of the following
activities:
Sweeping Pavement and dust control measures.
Cleaning Catch .Basins and Drains.
Litter Pick Up and Noxious Weed Control.
4. Snow Plowing, Sanding, and Liquid Chemical Deicing.
Winter Sand Cleanup, Including Cleaning Sidewalks.
6. Painting Crosswalks, Stop Bars, and Striping.
Sign .Maintenance.
Gvt 0099
C. Emergency Maintenance
1. The STATE agrees to perform emergency maintenance on SR -27 or SR -290 roadway
components at LOCAL: AGEi\'CY expense if the damage was caused by accidents,
vandalism, adverse weather or unanticipated forces or actions. The STATE shall notify
the LOCAL AGENCY within 24 hours of the replacement or repair work as to any
relevant information the STATE may possess if the damage was caused by a third party
D. Replacement or repair caused by accidents, vandalism, adverse weather or unanticipated
forces or actions.
The STATE agrees to perform replacement or repair of the SR -27 or SR -290 roadway
components at LOCAL AGENCY expense if the damage was caused by accidents,
vandalism, adverse weather or unanticipated forces or actions. The SC'AL'E shall notify
the LOCAL AGENCY within 24 hours of the replacement or repair work as to any
relevant information the STATE may possess if the damage was caused by a third party.
E. Standards
Work to be performed by the STATE will be consistent with cun-ent STATE practices
concerning the operation and maintenance standards consistent with M 50101
Maintenance Manual.
III
LOCAL AGENCY RESPONSIBILITY
The LOCAL AGENCY'S responsibilities regarding the designated roadway identified in Exhibit "A"
shall include providing maintenance, operation, repair and replacement activities that are not covered in
Section iT, State Responsibility.
1V
PAYATENT AND ASSOCIATED COSI'
The estimated cost of routine maintenance and operation in (the current year) is as detailed in Exhibit
"A" attached hereto and by reference made part of this AGREEMENT. The LOCAL AGENCY
GM 01399
aggees to set aside Funds for payment to the STATE-- for such work in this amount- it is anticipated that
actual costs w 111 rise in -,ubsequent years as materials, wages and other costs increase -
The LOCAL AGENCY Firrrher agrees to reimburse the STATE for the actual direct and reIated
I ndirect costs of work covered by this AGREEMENT includinb additional work- for emcrgejicy
maintenance and additional work performed at the request ofthc LOCAL AGENCY. Payments shall
be rnWe upon presentation oFpro gress billings by the STATE, and within thirty (3 0) days after the
LOCM, AGE[ CY has rect-1ved each billing -
The LOCAL AGENCY agrees that 1fpayment for the work is not juade within forty-five (45) days
ager the LOCAL AGENCY has been billed For the work, the STATE may withhold any monies which
the LOCAL AGE N Y is entitled to receive from the Motor ViAiicle Pmd and app Iy the w1thlleld
monies to the amount billed by the STATE witil satisfied.
During the progress o f any and all work assigned to the STATE, and for a period of not less than three
years frons the date o f paymennt to the STATE for that %,vork the records and accounts pertaining to said
work and accounting thereoFare to be kept available for inspection and audit by the LOCAL
AGENC - Copies oFa]1 records, accoUnts, documents, or other data pertaining to the project %vill be
furnished upon request to the LOCAL AGENCY-
If
GENC -
if any litigation, claim, or audit is commenced, the records and accounts a]ong with supporting
documentation shall be retained until ail litigation, cIaini or audit finding has been resolved even though
such litigation, claim or audit continues past the three year retention period.
'in the event that it is deterrn1ned tliat an overpayment has been made to the STATE by the LOCAL
AGENCY, the LOCAL AGENCY w i ll bill the STA11 for the amixtrit of overpayment.
RIGHT OF ENTRY
The LOC AL AGENCY grants the STATE access to LOCAL AGENCY right ofway far the purpose
of performing operation, maintenance, repair or replacement of the roadway elements along the
ro adwiys deni hated 1.11 Exhibit " A" and any systems that are added to this highway in the duration of
this AGREEMENT -
4 GIVI 01399
VI
TERM OF AGREEMENT
The term of this AGREEINIENT shall be for up to one year, beginning on the date first entered above,
and ending on December 31 of that year. This AGREEMENT shall automatically be renewed on a
calendar year basis unless written notice of termination is given by either party by the preceding
November I of any such year. Failure of either party to notify the other of such termination on or before
November 1 of any such year shall cause this AGREEMENT to automatically be renewed for the next
ensuing calendar year.
Either the STATE or the LOCAL AGENCY may terminate this AGREEMENT for any reason with
written notice to the other party at the end oFa sixty (60) calendar days following receipt of notice.
Termination of this AGREEMENT shall constitute termination of all associated roadway assignment
documents as well. Upon such notice, the STATE shall have no further responsibility of any kind or
nature regarding the LOCAL. AGENCY'S roadways, including any features that were added to this
AGREEMENT by amendment.
VII
LEGAL RELATIONS
Each of the PARTIES to this AGREEMENT shall protect, defend, indemnify, and save harmless to the
other PARTY, it officers officials, employees, and agents, while acting within the scope of their
employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of,
or in any way resulting from, each of the PARTY'S negligent acts or omissions.
No PARTY will be required to indemnify, defend, save harmless the other PARTY if the claim, suit, or
action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such
claims, suits, or sections result from concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of the PARTY'S own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extent to any claim; demand,
an&or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose,
each of the other PARTIES, by mutual negotiation, hereby waives, with respect to each of the other
PARTY only any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. in the event that any of the PARTIES or combination of the
PARTIES incurs any judgment, award and/or cost arising thereform, including attorneys' fees to
enforce the provisions of this Section, all such fees expenses and costs shall be recoverable from the
responsible PARTY or combination of the PARTIES to the extent of that PARTY'S/those PARTIES'
culpability. This indemnification shall survive the termination of this AGREEMENIT.
GIv101399
In the event that any party deems it necessary to instituute legal action or proceedings to enforce any
right or obligation undr this AGREEMENT, the PARTIES hereto agree that any such action or
proceedings shall be brouught in a coourt of competent jurisdiction situated in Thurston County,
Washington.
All claims brought which arise out of, in connection with, on incident to the execution of this
AGREENIENT will be forwarded to the LOCAL AGENCY For initial processing. Any such claims
believed to be caused by the concurrent or sole negligence of the STATE will be formally tendered to
the General Administration/Office ofR.isk Management For processing pursuant to RCW 4.92.100,
IN WUNESS WHEREOF, the parties hereto have executed the AGREVVIENT as of this day and
year first above written.
Approved As To norm:
sistant Atto pey Gen al
Date: 0 3
STATE OF WAS14ING T ON
DEPARTMENT OF TRANSPORTATION
Approved As To Form:
C .AG:1r `Y` ttorney
Da
CITY OF SPOKANE VALLEY
(OF SPOKANE CO.)
J --A
By:By: /1 / ?'Z�
Assista t Region dministrator for Operations CITY l.nterim City Manager
(late:11171'If
1,6 Date:
6 GM 01399
EXHIBIT "A"
Estimated Annual Routine Maintenance Cost are estimated as follows.
SR 27 -PINES
Sweeping Pavement
2,500
Cleaning Catch Basins/Drains
2,500
Litter Pick Up
500
Noxious Weed Control
500
Snow Plowing, Sanding, Liquid
Chemical Deicing
60,000
Winter Sand Cleanup, Includes
Cleaning Sidewalks
17,000
Painting Crosswalks; Stop Bars
6,000
Striping
10,000
Sign Maintenance
4,000
Total $103,000
SR 290 -TRENT
Sweeping Pavement
2,500
Cleaning Catch Basins/Drains
2,500
Litter Pick Up
2,500
Dead Animal Disposal (deer, moose)
2,500
Snow Plowing, Sanding, Liquid
Chemical Deicing
50,000
Winter Sand Cleanup, hicludes
Cleaning Sidewalks
15,000
Sign Maintenance
4,000
Painting Crosswalks; Stop Bars
5,000
Striping
20,000
Total $104,000
Estimated Grand Total $207,000
7 GM 01399
*City of Spokane Valley
March 26, 2003
Ted Trepanier, Regional Traffic Engineer
Washington State Department of Transportation
Eastern Region
2714 Forth Mayfair Street
Spokane, WA 99207-2090
Re: Agreement GM 1399 — Roadway Maintenance
Agreement GM 1398 — Signal and Illumination Maintenance
Tear Mr. Trepanier:
Enclosed please find two copies of each of the above agreements signed by the City
Manager as authorized by the City Council at its March 20, 2003 meeting. Please -return
the fully executed copies of these agreements to my attention.
Thank you for your assistance.
Sincerely,
Ruth Muller
Interim City Clerk
Enc.
1.1.707 F. Sprague • Suite 106 • Spokane Valley, Wa. - 99206 • (509) 921-1000 - Fax (509) 921-1008
March 17, 2003
RECEIVED
City of Spokane Valley MAR 17 2003
Redwood Plaza
11707 E. Sprague Avenue; #106 City of Spokane Valle
Spokane Valley, SVA 99206 y
Dear Sirs:
Enclosed are two agreements we have prepared for signature. Please have your city
official sign and return both copies to us at the above address. Upon receiving both
copies, and after our administrator signs, we will return one copy to you.
Thank you.
Sincerely,
Ted Trepanier
Regional Traffic Engineer
TT:lb
Enclosures
Adnk
Washington State
Eastom Region
�e Department of Transportation
2714 N. Mayfair Street
Douglas B. MacDonald
Spokane, WA 99207-2090
Secretary of Transportation
509-324-6000
Fax 509-324-6005
TTY_ 1-600-833-6388
vnvw.wsdotma.gov
March 17, 2003
RECEIVED
City of Spokane Valley MAR 17 2003
Redwood Plaza
11707 E. Sprague Avenue; #106 City of Spokane Valle
Spokane Valley, SVA 99206 y
Dear Sirs:
Enclosed are two agreements we have prepared for signature. Please have your city
official sign and return both copies to us at the above address. Upon receiving both
copies, and after our administrator signs, we will return one copy to you.
Thank you.
Sincerely,
Ted Trepanier
Regional Traffic Engineer
TT:lb
Enclosures
Washington State
ANIk
MDepartment of Transportation
March 12, 2003
TO: J.B. Chatterton/L...1. McDonnell
Eastern Region Utilities
FROM: A.R. Veaeh, HQ Agreements
(360) 705-7235
MS: 47329
Memorandum
Subject: CS 3230, 3234 SR 27, 290
City of Spokane Valley
SR 27 and SR 290 within Corporate Limits of City
of Spokane Valley
Agreement GM 1399
The above noted agreement has been reviewed by Headquarters and approved as to form
by the Attorney General. The agreement is now ready for approval on behalf of the City
of Spokane Valley and Regional Administrator.
Any alterations to the agreement will require a fiirther review and approval as to form
through Headquarters.
Please return the State original and one copy to Headquarters Agreement Section
for final processing.
ary
Attachment
DOT Form 700-00E EF
Rcwiml 5X39