23-124 SCWD #3 23-124
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER DISTRICT
NO. 3 FOR WATERLINE REPLACEMENT TO BE INCLUDED IN THE CITY OF SPOKANE
VALLEY BROADWAY AND PARK INTERSECTION CAPITAL IMPROVEMENT PROJECT
0347
WHEREAS, the City of Spokane Valley (hereinafter the "CITY") intends to construct a road
improvement project known as the Broadway and Park Intersection Capital Improvement Project 0347
(hereinafter the"PROJECT")within the CITY's jurisdiction; and
WHEREAS, Spokane County Water District No. 3 (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,approximately 500 linear feet on Park Road,prior to the completion of the PROJECT; and
WHEREAS,the CITY and DISTRICT agree to include the replacement of the water line(hereinafter
the"WATER MAIN IMPROVEMENTS")as part of the PROJECT; and
WHEREAS,DISTRICT will pay for the WATER MAIN IMPROVEMENTS as described herein;and
NOW,THEREFORE,in consideration of the terms 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 WATER MAIN
IMPROVEMENTS
1.2. Review construction bids provided by the CITY and provide written notice of approval or
disapproval of the Additive Alternate Bid of the WATER MAIN IMPROVEMENTS 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 WATER MAIN
IMPROVEMENTS.
1.4. DISTRICT shall have the right to inspect the WATER MAIN IMPROVEMENTS with its
representatives, employees, and inspectors to confirm that the WATER MAIN
IMPROVEMENTS is in compliance with the terms of this Agreement. CITY shall allow the
DISTRICT and its representatives,employees,and inspectors reasonable fulltime access to the
worksite, so that the WATER MAIN IMPROVEMENTS may be inspected. DISTRICT shall
not interrupt or disturb other work of the Project,except as necessary as part of such inspection.
DISTRICT shall not direct the CITY's contractor; DISTRICT shall notify the CITY of any
corrections to the construction of the WATER MAIN IMPROVEMENTS and the CITY shall
direct the contractor,accordingly.
1.5. DISTRICT shall fund the costs associated with designing and constructing the WATER MAIN
IMPROVEMENTS based on the following:
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1.5.1. The costs for WATER MAIN IMPROVEMENTS 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 WATER MAIN IMPROVEMENTS and actual CITY's
contractor's unit costs for those items.
1.5.2. The costs for lump sum items(such as surveying,trench excavation safety system)directly
related to constructing the WATER MAIN IMPROVEMENTS shall be based upon the
actual CITY's contractor item costs for those items.
1.5.3. Any additional costs associated with change orders and/or valid claims for the WATER
MAIN IMPROVEMENTS shall be reviewed by the DISTRICT before approval.
1.5.4. Costs for the CITY's construction management and material testing for the WATER MAIN
IMPROVEMENTS shall be prorated based on 8% of the total costs in items 1.5.1, 1.5.2
and 1.5.3 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 WATER MAIN IMPROVEMENTS by the contractor and a passed
final inspection by the DISTRICT, the DISTRICT shall provide the CITY with written
acceptance of the UTILITY WORK prior to paving of the roadway.
ARTICLE 2—RESPONSIBILITIES OF THE CITY
2.1. Incorporate the WATER MAIN IMPROVEMENTS design,details,and specifications into the
PROJECT's construction contract. The City's roadway work bid items shall be listed as the
Base Bid for the project. The WATER MAIN IMPROVEMENTS construction bid items shall
be listed as an Additive Alternate Bid using a separate pay schedule within the contract
documents.
2.2. 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.
2.3. Upon public opening of the bid documents,the CITY shall promptly provide a copy of the bid
tabulation to the DISTRICT.
2.4. The City shall award the project to the lowest responsible bidder for the Base Bid plus Additive
Alternate Bid(WATER MAIN IMPROVEMENTS),upon approval from the DISTRICT for the
Additive Alternate Bid. If the DISTRICT disapproves the Additive Alternate Bid of the low
combined bidder,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.
2.5. Provide copies of all Source of Materials submittals for the WATER MAIN IMPROVEMENTS
to the DISTRICT for its review and approval before use of the materials on the Project.
2.6. Provide field inspection and material testing of trench excavation and trench backfilling required
for the WATER MAIN IMPROVEMENTS.
2.7. Provide construction management and control surveying for the WATER MAIN
IMPROVEMENTS.
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2.8. Make monthly progress payments to the contractor based on the City's inspector's field
measurements of installed WATER MAIN IMPROVEMENTS.
2.9. Provide a monthly statement of progress payments made to the contractor for the WATER
MAIN IMPROVEMENTS, and a bill requesting reimbursement for those costs to the
DISTRICT. Provide the DISTRICT with copies of invoices and statements submitted by the
Contractor to the CITY related to the WATER MAIN IMPROVEMENTS.
2.10. Provide a report of final costs for the WATER MAIN IMPROVEMENTS 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,and fulfillment
of all obligations of the Parties 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—INTERLOCAL PROVISIONS
4.1 PURPOSE: See Article 1 &2.
4.2 DURATION: See Article 3.
4.3 ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. No separate entity is
created pursuant to this Interlocal Agreement.
4.4 RESPONSIBILITIES OF PARTIES. See Article 1 &2.
4.5 ADMINISTRATION. The administrator for the CITY shall be the City Manager or designee.
The administrator for the DISTRICT shall be the DISTRICT Board or its designee.
4.5 AGREEMENT TO BE FILED: The Parties shall file and publish this Agreement as provided
by law.
4.6 TERMINATION. A Party may terminate this Agreement for a breach upon 60 days' notice to
the other Party. Provided,that each Party shall have the right to rectify any breach prior to the
end of the 60 days' notice period.
4.7 PROPERTY UPON TERMINATION. Title to all property acquired by any Party in the
performance of this Agreement shall remain with the acquiring Party upon termination of the
Agreement; Provided that the DISTRICT shall own all WATER MAIN IMPROVEMENTS
upon completion of the construction project and fulfillment of all its obligations.
The Parties have executed this Interlocal Agreement this /51lay of Ta-✓'e- ,2023.
CITY OF SPOKANE VALLEY:
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John Holman,City Manager
ATTEST:
Christine Bainbridge,City Clerk -
APPROVED AS TO FORM:
of the Attorney
SPOKANE COUNTY WATER DISTRICT NO.3:
BY' Date:
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