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19-072.00 Model Irrigation District 18: University Preservation Dishman to 16th -02 • INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND MODEL IRRIGATION DISTRICT NO. 18 FOR WATERLINE INSTALLATION TO BE INCLUDED IN THE UNIVERSITY ROAD PRESERVATION PROJECT CAPITAL IMPROVEMENT PROJECT 0287 WHEREAS, the City of Spokane Valley (hereinafter the "CITY") intends to construct a road improvement project known as the University Road Preservation Project Capital Improvement Project 0287(hereinafter the"PROJECT"),within the CITY's jurisdiction;and; WHEREAS,Model Irrigation District No. 18 (hereinafter the"DISTRICT')owns and operates water utilities within the CITY's rights-of-way and within the PROJECT's limits;and; WHEREAS, DISTRICT has requested to replace a portion of its water line within the PROJECT's limits,prior to the completion of the PROJECT;and WHEREAS,the CITY and DISTRICT agree to include the replacement of the water line(hereinafter the"UTILITY WORK")as part of the PROJECT; and; WHEREAS,DISTRICT is willing to pay for the UTILITY WORK as described herein;and NOW, THEREFORE, in consideration of the turns and conditions set forth herein, it is agreed among and between the CITY and DISTRICT as follows: ARTICLE 1—RESPONSIBILITY OF THE DISTRICT 1.1. Provide design plans,design details,and specifications for the UTILITY WORK. 1.2. Review construction bids provided by the CITY and provide written notice of approval or disapproval of the Additive Alternate Bid of the UTILITY WORK to the CITY no later than five business days following opening of bids. 1.3. Promptly review and approve all Source of Materials submittals regarding the UTILITY WORK 1.4. DISTRICT shall have the tight to inspect the UTILITY WORK with its representatives, employees, and inspectors to confirm that the UTILITY WORK is in compliance with the terms of this Agreement CITY shall allow the DISTRICT and their representatives, employees, and inspectors reasonable fulltime access to the worksite, so that the UTILITY WORK may be inspected DISTRICT shall not direct the CITY's contractor;DISTRICT shall notify the CITY of any corrections to the construction of the UTILITY WORK and the CITY shall direct the contractor,accordingly. 1.5. DISTRICT shall fund the costs associated with constructing the UTILITY WORK based on the following: 1.5.1. The DISTRICT shall pay the costs for UTILITY WORK construction items quantified by unit increments (such as acre, cubic yard, day, each, linear foot) shall be based upon the actual quantities installed in the UTILITY WORK and actual CITY's contractor's unit _• costs for those items. Page 1 of 4 • 1.52. The DISTRICT shall pay the costs for full depth pavement replacement (i.e. costs for road replacement up to the bottom of the overlay) one foot beyond the nominal trench edge (longitudinally and transversely)of the UTILITY WORK,based on the actual CITY contractor's price for such work. The DISTRICT shall not be responsible for paying any road overlay improvement costs (those labor and material costs associated with the top three inches of the road improvement). 1.5.3. Costs for lump sum items directly related to constructing the UTILITY WORK shall be prorated based on actual CITY's contractor's once for these items using the percentages below: Item DISTRICT SHARE Documentation Compliance 25 % Project temporary traffic control 25% SPCC Plan 25 % 1.5.4. The DISTRICT shall pay any additional costs for UTILITY WORK construction items quantified by unit increments (such as acre, cubic yard,day, each,linear foot)which shall be based upon the additional quantities to construct the UTILITY WORK and actual CITY's contractor's unit costs for those items. 1.5.5. Any additional costs associated with change orders and/or valid claims for the UTILITY WORK shall be the responsibility of the DISTRICT. 1.5 6. The DISTRICT's share of costs for the CITY's construction management, inspection, and material testing for the UTILITY WORK shall be prorated based on 25 % of the total costs in items 1.5.1, 1.5 2, 1.5.3,and 1.5.4 above. 1.6. The DISTRICT shall reimburse the CITY amounts billed within 45 days following receipt of the invoice from the CITY. 1.7. Upon completion of the UTILITY WORK by the contractor and a passed final inspection by the DISTRICT, the DISTRICT shall provide the CITY with written acceptance of the UTILTIY WORK pnor to paving of the roadway. ARTICLE 2—RESPONSIBILITIES OF THE CITY Incorporate the DISTRICT design, details, and specifications into the PROIECT's construction contract. The City's roadway work bid items shall be listed as the Base Bid for the project. The UTILITY WORK construction bid items shall be listed as an Additive Alternate Bid using a separate pay schedule within the contract documents. Provide a copy of the plans and specifications for the construction project to the DISTRICT for the review and approval prior to advertisement of the project. Upon public opening of the bid documents, the City shall promptly provide a copy of the bid tabulation to the DISTRICT N Page 2 of 4 The City shall award the project to the lowest responsible bidder for the Base Bid plus Additive Alternate Bid (UTILITY WORK), upon approval from the DISTRICT for the Additive Alternate Bid. In the event that the lowest bidder for the Base Bid plus Alternate Additive Bid does not have the lowest Base Bid amount, the DISTRICT shall reimburse the City the difference between the Base Bid amount of the awarded low bidder of the combined bids and the Base Bid amount of the lowest bidder for just the Base Bid,minus the cost sharing amount established in Section 1.5.3. If the DISTRICT disapproves the Additive Alternate Bid of the low combined bidder or is not willing to reimburse the differences in Base Bid amounts, the City may award the contract to the lowest bidder for just the Base Bid and the DISTRICT shall have no further obligation to the CITY under this Interlocal Agreement nor any obligation to the bidder. The City may reject all bids and rebid the project at their discretion. Provide copies of all Source of Materials submittals for the UTILITY WORK to the DISTRICT for its review and approval before use of the materials on the project. Provide field inspection and material testing of trench excavation, trench backfilling, and pavement repair required for the UTILITY WORK. Provide construction management and control surveying for the UTILITY WORK. Make progress payments to the contractor. Provide a monthly statement of progress payments made to the Contractor for the UTILITY WORK, and a bill requestmg reimbursement for those costs to the DISTRICT. Provide the DISTRICT with copies of invoices submitted by the Contractor to the CITY. Provide a report of final costs for the UTILITY WORK to the DISTRICT following completion of the construction contract. The report shall include a breakdown of costs incurred by the CITY. ARTICLE 3—DURATION This Interlocal Agreement shall terminate upon the completion of the construction project provided for hereunder and completion of payments under the prevailing wage laws,provided that any warranties from the contractor to the CITY or DISTRICT shall continue in full force and effect. ARTICLE 4—PROJECT&UTILITY WORK LIMITS The PROJECT limits include the following street segment The south side of the intersection of University Road and 16th Avenue to the north side of the intersection of University Road and Dishman- Mica Road. The UTILITY WORK limits include the waterline underneath the following street segment: The south side of the intersection of University Road and 16" Avenue to the north side of the intersection of University Road and 33"Avenue a Page 3 of 4 CITY OF SPOKANE VALLEY: By: Ai Date. 4-i o-i' City Manager APPROVED`AS TOOFFFORM: :/J ' ///� By 6 / /l Dom/( Date y— f -I Offic f the C omey MODEL IRRIGATION DISTRICT NO. 18: ( (gyp By: a Date:_31-910/t q1 [NAME : MIT ( [ [TITLEI a - �.A S Page 4 of 4