18-042.00 State of Washington: ITS Infill Ph 1 GCB 2937
INTERLOCAL AGREEMENT
Spokane Valley Contract No 18-042
This INTERLOCAL AGREEMENT (Agreement) is made and entered into this /G day of
March, 2018 by and between the City of Spokane Valley, a political subdivision of the State of
Washington, hereinafter referred to as"LOCAL AGENCY," and Washington State Department
of Transportation,hereinafter referred to as "WSDOT,"pursuant to the provisions of RCW
Chapter 39.34, the Interlocal Cooperation Act.
WHEREAS,the LOCAL AGENCY is planning the construction or improvements of their
Intelligent Transportation System(ITS) (Exhibit A) in the location of I-90/Sprague I/C Vicinity.
This ITS fiber infill will serve State Highways and the Spokane area network,hereinafter
referred to as the"PROJECT,"and
WHEREAS, WSDOT has agreed to contribute $100,000.00 towards the construction of the
PROJECT as shown in Exhibit B, and
NOW THEREFORE,pursuant to the above recitals that are incorporated herein as if fully set
forth below and in consideration of the terms, conditions, covenants and performances contained
in or attached hereto and by this reference made a part of this Agreement, it is mutually agreed as
follows:
IT IS MUTUALLY AGREED AS FOLLOWS:
1. WSDOT FUNDING COMMITMENTS AND PAYMENT
1.1 Both parties benefit by this PROJECT and WSDOT has agreed to participate, in the
amount of One Hundred Thousand'and No/100s Dollars ($100,000.00).
1.2 LOCAL AGENCY agrees to pay all costs in excess of$100,000.00 necessary to
complete the PROJECT.
1.3 WSDOT has agreed that this contribution shall be a one-time, lump sum payment and
paid by the execution of this Agreement. An invoice will be generated and sent to
WSDOT for their contribution of One Hundred Thousand and No/100s Dollars
($100,000.00).
1.4 WSDOT will require the LOCAL AGENCY to submit a summary report at the close of
the PROJECT detailing what was delivered.
2. TERM
2.1 Unless otherwise provided herein,the term of this Agreement shall commence as of the
date this Agreement is fully executed and shall continue until the PROJECT is completed
and all WSDOT obligations for payment have been met, unless otherwise terminated
pursuant to Section 7.
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3. LEGAL RELATIONS
3.1 It is understood that this Agreement is solely for the benefit of the parties hereto and
gives no right to any other party. No joint venture, agent-principal relationship or
partnership is formed as result of this Agreement. No employees or agents of one party or
any of its contractors or subcontractors shall be deemed, or represent themselves to be,
employees or agents of the other party.
4. APPLICABLE LAWS,VENUES
4.1 In the event either party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the parties hereto agree that any
such action or proceedings shall be brought in Thurston County Superior Court in the
State of Washington. Further,the parties agree that each will be solely responsible for
payment of its own attorney's fees, witness fees, and costs.
4.2 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 Thurston County Superior Court in the State of
Washington. Further, the parties agree that each will be solely responsible for payment of
its own attorney's fees, witness fees, and costs. The LOCAL AGENCY agrees that it
shall accept personal service of process by Certified U.S. Mail or overnight mail delivery
directed to the LOCAL AGENCY. If service cannot be completed in this manner,the
LOCAL AGENCY designates the Secretary of State of Washington as agent for the
purpose of personal service of process.
5. AMENDMENTS
5.1 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 arties.
6. TERMINATION
6.1 Neither WSDOT nor the LOCAL AGENCY may terminate this Agreement
without the written concurrence of the other party.
6.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
7. DISPUTES RESOLUTION
7.1 The parties agree that any and all disputes, claims and controversies arising out of or
relating to this Agreement shall be submitted to a mediator selected by both parties for
mediation pursuant to Section 7.2 below.
7.2 MEDIATION. Either party may commence mediation by providing the other party with a
written request'for mediation, setting forth the matter in dispute and the relief requested.
The parties agree to cooperate with one another in the selecting of a mediation service
and scheduling of the mediation proceedings. The parties agree to participate in the
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mediation in good faith. If the parties do not agree on a mediation service to conduct the
mediation,the mediation shall be conducted in accordance with the Construction Industry
Mediation Rules of the American Arbitration Association. All offers, promises, conduct
and statements, whether written or oral,made in the course of mediation are confidential,
privileged, and/or inadmissible for any purpose in any litigation or arbitration of the
dispute;provided, that evidence that is otherwise admissible or discoverable shall not be
rendered inadmissible or non-discoverable as a result of its use in mediation.
8. INDEMNIFICATION AND HOLD HARMLESS
8.1 The LOCAL AGENCY agrees to defend, indemnify, and hold harmless WSDOT,
including its officers, employees, and agents, from any and all claims, demands, losses,
and/or liabilities to or by third parties arising from, resulting from, or connected with,
acts or omissions performed or to be performed under this Agreement by the LOCAL
AGENCY, its agents, employees, contractors, subcontractors, consultants, and suppliers
of any tier, including acts or omissions of LOCAL AGENCY's invitees and licensees, to
the fullest extent permitted by law and subject to the limitations provided below.
8.1.1 The LOCAL AGENCY's duty to defend and indemnify WSDOT, including its
officers, employees, and agents, shall not apply to liability for damages arising
out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of WSDOT, including its officers, employees, and agents. The
LOCAL AGENCY's duty to defend and indemnify WSDOT, including its
officers, employees, and agents, for liability for damages arising out of bodily
injury to persons or damage to property caused by or resulting from the
concurrent negligence of(a) WSDOT, including its officers, employees, and
agents, and(b)the LOCAL AGENCY, its employees, contractors, subcontractors,
and suppliers of any tier, and invitees and licensees, shall apply only to the extent
of negligence of the LOCAL AGENCY, its agents, employees, contractors,
subcontractors, and suppliers of any tier, invitees and licensees.
8.1.2 The LOCAL AGENCY specifically and expressly and by mutual agreement
waives any immunity that it may be granted under the Washington State Industrial
Insurance Act, Title 51 RCW. Further,the indemnification obligation under this
Agreement shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable to or for any third party under
workers' compensation acts, disability benefits acts, or other employee benefits
acts; provided,the LOCAL AGENCY's waiver of immunity by the provisions of
this Section extends only-to claims against the LOCAL AGENCY by WSDOT,
and does not include, or extend to, any claims by the LOCAL AGENCY's
employees directly against the LOCAL AGENCY.
8.1.3 This indemnification and waiver shall survive the termination of this Agreement.
8.2 WSDOT agrees to defend, indemnify, and hold harmless the LOCAL AGENCY,
including its officers, employees, and agents, from any and all claims, demands, losses,
and/or liabilities to or by third parties arising from, resulting from, or connected with,
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acts or omissions performed or to be performed under this Agreement by WSDOT, its
agents, employees, contractors, subcontractors, consultants, and suppliers of any tier,
including acts or omissions of WSDOT's invitees and licensees, to the fullest extent
permitted by law and subject to the limitations provided below.
8.2.1 WSDOT's duty to defend and indemnify the LOCAL AGENCY, including its
officers, employees, and agents, shall not apply to liability for damages arising
out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the LOCAL AGENCY, including its officers, employees,
and agents. WSDOT's duty to defend and indemnify the LOCAL AGENCY,
including its officers, employees, and agents, for liability for damages arising out
of bodily injury to persons or damage to property caused by or resulting from the
concurrent negligence of(a)the LOCAL AGENCY, including its officers,
employees, and agents, and(b) WSDOT, its employees, contractors,
subcontractors, and suppliers of any tier, and invitees and licensees, shall apply
only to the extent of negligence of WSDOT, its agents, employees, contractors,
subcontractors, and suppliers of any tier, invitees and licensees.
8.2.2 WSDOT specifically and expressly and by mutual agreement waives any
immunity that it may be granted under the Washington State Industrial Insurance
Act, Title 51 RCW. Further,the indemnification obligation under this Agreement
shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable to or for any third party under
workers' compensation acts, disability benefits acts, or other employee benefits
acts; provided, WSDOT's waiver of immunity by the provisions of this Section
extends only to claims against WSDOT by the LOCAL AGENCY, and does not
include, or extend to, any claims by WSDOT's employees directly against
WSDOT.
8.2.3 This indemnification and waiver shall survive the termination of this Agreement.
The rest of this page left blank intentionally.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the party's
date signed last below.
WASHINGTON STATE
CITY OF SPOKANE VALLEY DEPARTMENT OF
TRANSPORTATION
By: By: 9
)1/64— C49111-014/1
Printed: /14a CAI 6 Pri ed: Mike i s er, P.E.
WI
Title: Title: Regional Administrator
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Date: Date:(g Date: �,, `�
APPROVED AS TO FORM APP 0 AS TO FORM
By: By:
a^
Printed: v Printed:
Title: Title: Assistant Attorney General
c. 1 r-y ! --r-bR^'ay
Date: Date:
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the party's
date signed last below.
WASHINGTON STATE
CITY OF SPOKANE VALLEY DEPARTMENT OF
TRANSPORTATION •
By: By:
M04-- Cdik914A, --.
Printed: CAI howl
Printed: Mike Gribner,P.E.
Title: s Title: Regional Administrator
Date: Date:
3 f7/ZSafa
APPROVED AS TQ FORM APPR I 1 D AS TO FORM
By: B � -
Printed:
OIS
'rinte�:
Title: Title: Assistant Attorney General
C 1 r)/ Nr-r S,4
Date: Date:
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ENGINEER'S ESTIMATE GCB 2937 �.
ITS Infill-Phase 1,CIP 0201 EXHIBIT B
. C.Aldworth PAGE 1 OF 1
1/31!2018
Base Bid Schedule A-1.07.2(1)
ITEM ITEM UNIT QUANTITY UNIT PRICE TOTAL
NUMBER
100 SPCC PLAN LS. 1 51.000.00 51,000.00 '
101 EROSION CONTROL L.S. 1 $1,000.00 $1,000.00
102 MINOR CHANGE EST 1 $5,000.00 $5,000.00
103 MOBILIZATION LS. 1 $31,000.00 $31,000.00
104 CONSTRUCTION SURVEYING L8. 1 53,000.00 53,000.00
105 RECORD DRAWINGS LS. 1 52.300.00 $2,300.00
106 POTHOLE EA 4 $750.00 $3,000.00
107 PROJECT TEMPORARY TRAFFIC CONTROL L& 1 $45,000.00 545,000.00
108 SPOTTERS HR 8 $55.00 5440.00
109 PORTABLE CHANGEABLE MESSAGE SIGNS HR 288 $5.00 51,440.00
110 REMOVE CEMENT CONCRETE CURB LF. 56 SI0.00 5560.00
111 REMOVE CEMENT CONCRETE SIDEWALK!DRIVEWAY APPROACH S.Y. 70 $15.00 , 51,050.00
112 SAWCUTASPHALT CONCRETE PAVEMENT L.F.I. 2424 $1.00 $2,424.00
113 REMOVE ASPHALT CONCRETE PAVEMENT S.Y. 149 $20.00 $2,980.00
114 CRUSHED SURFACING TOP COURSE.4 IN.DEPTH S.Y. B $25.00 $200.00
115 CRUSHED SURFACING TOP COURSE,BIN.DEPTH &Y. 101 550.00 $5,050.00
118 HMA CL 1/2 PG 70-28,0.50 FT DEPTH,PATCH &Y. 115 $120.00 513,800.00
117 HMA CL 112 PG 70-28,MISCELLANEOUS AREAS S.Y. 8 5150.00 51,200.00
118 JOINT ADHESIVE LF. 190 $4.00 S760.00
119 CEMENT CONCRETE CURB L.F. 5 330.00 5150.00
CEMENT CONCRETE CURB AND GUTTER LF. 56 530.00 $1,880.00
120 CEMENT CONC.SIDEWALK S.Y. 45 550.00 52,250.00
121 CEMENT CONC.DRIVEWAY APPROACH S.Y. 25 575.00 $1,875.00
122 IRRIGATION SYSTEM REVISION EA 1 $500.00 $500.00
123 SOD INSTALLATION S.Y. 11 $40.00 $440.00
124 TOPSOIL,TYPE C S.Y. 84 $10.00 $840.00
125 SEEDING,FERTILIZING AND MULCHING S.Y. 75 $10.00 $750.00
126 FIBER OPTIC PATCH PANEL(12 PORT) EA 5 $1,000.00 S5,000,00
127 FIBER OPTIC PATCH PANEL(96 PORT) EA 1 54,500.00 $4,500.00
128 FIBER OPTIC SPLICE CLOSURE EA 6 52.200.00 513,200,00
129 ETHERNET SWITCH EA 6 $1,000.00 $8,000.00
130 SFP MODULE(GIGABIT) EA 11 5400.00 54,400.00
131 FIBER OPTIC CABLE(48 SMFO) LF. 13850 $3.00 $41.550.00
132 PRETERMINATED STUB CABLE(12 SMFO) LF. 880 $3.00 $2,640.00
133 CAT6 ETHERNET CABLE IF, 50 52.00 5100.00
134 CONDUIT PIPE,2 IN.DIAM I.F. 375 $20.00 $7,500.00
135 CONDUIT,HOPE 2 IN.DIAM. IF. 475 $10.00 $4,750.00
136 DIRECTIONAL BORING LP. 475 $135.00 364,125.00
137 PULL BOX EA 2 $3.500.00 $7,000.00
138 RELOCATE PULL BOX EA 2 $3,000.00 $6,000.00
139 PLASTIC WIDE LANE LINE L.F. 74 $10.00 $740.00
140 PERMANENT SIGNING LS. 1 3500,00 5500.00
Base Bid Schedule B-1.07.2(2)
ITEM ITEM UNIT QUANTITY UNIT PRICE TOTAL
NUMBER
200 TOPSOIL,TYPE C B.Y. 12 510.00 $120.00
201 SEEDING,FERTILIZING AND MULCHING S.Y. 12 $10.00 $120.00
202 FIBER OPTIC PATCH PANEL(12 PORT) EA . 1 , $1,000.00 $1,000.00
203 FIBER OPTIC PATCH PANEL(96 PORT) EA 1 $4,500.00 34,500.00
204 FIBER OPTIC SPLICE CLOSURE EA 1 32,200.00 $2,200.00
205' HUB ETHERNET SWITCH EA 1 52600.00 $2,800.00
208 SFP MODULE(GIGABIT) EA 5 5400.00 52,000.00
207 FIBER OPTIC CABLE(48 SMFO) LF. 3230 53.00 59,690.00
208 PRETERMINATED STUB CABLE(12 SMFO) LF. 50 $3.00 3150.00
209 CONDUIT PIPE.2IN.DIAM LF. 265 $20.00 $5,100.00
210 PULL BOX EA 1 53,500.00 13,500.00
1.07.2(1) 1.07.2(2) TOTAL
Subtotal $297,594.00 $30,980.00 $328,674.00
8.8%e Sales Tax $0.00 $2.726.24 $2,726.24
TOTAL MI 5297,694.001 533,706.24) 5331,400.24 1
AL.O w ' • 10%Contingency $33,140.00
` .O , Controller Board Upgrade $17,000.00
ti rWk �' / CN PE $21000. „$a /Qr,, •-
Total CN $402,840.24
V i 7 'r PE 64000
r / -
J'"' r ROW 13005
0-'p ,"'i..," Total Protect 5489.84524
o'IIR44 u
27578 1�[/ •'
��,5 uNAL ��'. WSDOT to Contribution
,.r7,fg. $100,000 towards the total
project amount.
GCB 2937
•
EXHIBIT B PAGE 1 OF 1