Loading...
25-062.00WSDOTILA GMC 1028 WSDOT maintenance of city owned traffic signals, illumination, and intelligent transportation systems. This Agreement is between the Washington State Department of Transportation, hereinafter"WSDOT," and City of Spokane Valley, hereinafter the "CITY" individually the "Party"and collectively the"Parties." RECITALS 1. On December 10, 2008, the CITY and WSDOT entered into Agreement K237, which provided for STATE operation and maintenance of certain CITY-owned Intelligent Transportation Systems (ITS) located on city streets, and 2. On July 13, 2009, the CITY and WSDOT entered into Agreement GM 01508, which provided for WSDOT operation and maintenance of certain traffic signal systems (Signals) and illumination systems (Illumination)at city streets that intersect with State Route (SR) 290 and SR 27, and 3. On August 8, 2014, the CITY and WSDOT combined Agreement GM-01508 and Agreement K237 into a single Agreement GMB 1044 to meet current practices and update estimated annual costs, and 4. Agreement GMB 1044 shall, by terms of the agreement, expire on March 31, 2025, and 5. Because the components of these systems are integrated with the overall WSDOT system, there is mutual benefit to WSDOT and the CITY for WSDOT to perform the operation and maintenance of certain Signals, Illumination, and ITS to the extent set forth in this Agreement, and to establish, in writing the responsibilities of each party, and 6. The Parties agree desire to continue this arrangement through this new Agreement which shall supersede and replace GMB 1044 upon execution. NOW THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and the attached Exhibits A, B, and C which are incorporated and made a part hereof, It Is Mutually Agreed as Follows: 1. COOPERATION 1.1 WSDOT agrees to perform, at CITY's expense, certain maintenance and operation activities on identified city-owned Signals, Illumination, and ITS as listed in Exhibit A. 1.2 The CITY and WSDOT will meet as necessary to coordinate system changes and address maintenance and operations issues for certain CITY-owned Signals, Illumination, and ITS. The CITY shall retain ownership of said Signals, Illumination, and ITS. WSDOT will coordinate review of proposed modifications of these systems with the CITY prior to implementation, unless extraordinary circumstances require WSDOT to modify such systems without the CITY's concurrence. In the event a condition exists resulting from storm damage, third party damage, or other extraordinary reasons, WSDOT may remove any obvious and immediate traffic hazards without prior notice to the CITY. WSDOT is responsible for implementing and maintaining • necessary traffic control from the point at which the condition is identified, at the CITY expense, until the CITY has had time to respond with its own traffic control after notification. 2. PURPOSE 2.1 The purpose of this Agreement is to establish each Party's respective responsibilities for the maintenance of the subject property and any improvements. 2.2 Except as specifically set forth herein, as between CITY and WSDOT only, nothing in this Agreement is intended to depart from, or supersede, RCW 47.28.140 and the current City Streets as Part of State Highways Guidelines 3. PERIOD OF PERFORMANCE 3.1 This Agreement shall commence upon execution and end on December 31, 2025. 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 1 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. This Agreement renewal process shall expire on December 31, 2034. 4. TERMINATION 4.1 Either WSDOT or the CITY may terminate this Agreement for any reason with written notice to the other Party at the end of sixty (60) calendar days following receipt of notice. Termination of this Agreement shall constitute termination of all associated Signals, Illumination or ITS Supplements and/or Amendments. Upon such notice and except as set forth in Section 15 herein, WSDOT and/or CITY shall have no further responsibility of any kind or nature regarding the city-owned Signals, Illumination or ITS, including any systems that were added to this Agreement by Amendment. 5. CITY RESPONSIBILITIES 5.1 The CITY agrees to be responsible for the payment of operational power costs for all Signals, Illumination, and ITS, and in consideration of the faithful performance of the Work to be performed by WSDOT, agrees to reimburse WSDOT for all actual direct and related indirect costs of the work covered by this Agreement. 5.2 The CITY shall provide maintenance, operation, repair and replacement work for the Signals, Illumination, and ITS that are not identified in Exhibit A and therefore not the responsibility of WSDOT. 6. WSDOT OPERATION AND MAINTENANCE RESPONSIBILITIES Subject to the terms of this Agreement, WSDOT agrees to operate and maintain the Signals, Illumination, and ITS identified in Exhibit A by performing the following tasks: 6.1. Maintenance and Operation: a. Signal phasing and timing plans and adjustments. The CITY's Public Works Director or designee shall review any proposed revision before signal timing or phasing is implemented. WSDOT#GMB 0000 Page 2 of 9 b. Removal and replacement of failed components (i.e., load switches, loop amplifiers, conflict monitors, etc.). The components installed by WSDOT shall be furnished by the CITY or WSDOT may elect to furnish the components and be reimbursed by the CITY. c. Perform routine preventative maintenance on Signals, including controller equipment (inside the controller cabinet) and display and detection equipment (including, but not limited to, signals heads, lamps, etc.) and the illumination, and ITS consistent with WSDOT's current preventative maintenance standards. d. Maintain all associated Signals interconnects. e. Perform locates for underground infrastructure including ITS fiber optic cable and associated infrastructure. f. Maintain accurate maintenance records, as to the time and materials used in completing the various tasks for Signals, Illumination, and ITS. g. Provide continuous observation of traffic signal and intelligent transportation system (ITS) operation and performance. h. Maintenance of communications end equipment located at each device location cabinet, communications end equipment located in the shared use hub located on 1-90 at Sprague Ave. Interchange, and communications end equipment located at Spokane Regional Transportation Management Center (SRTMC) transmitting/receiving video/data from ITS identified in Exhibit A. 6.2 Provide Emergency Maintenance. Perform emergency maintenance at CITY expense for damage caused by collisions, vandalism, adverse weather or unanticipated forces or actions on the Signals, Illumination, and ITS. Emergency maintenance includes repair or replacement of Signals, Illumination, and ITS, or components thereof, and the necessary traffic control for WSDOT workers to perform the work. WSDOT shall notify the CITY within twenty-four(24) hours of the emergency work and include any information WSDOT may possess if the damage was caused by a third party. 6.3 Standards. Work to be performed by WSDOT shall be consistent with current WSDOT practices for the operation and maintenance of Signals, Illumination, and ITS, as follows: a. Components employed in Signals, Illumination, and ITS or any other electrical installation will conform to requirements of WAC 296-46B-010 General, Traffic Management Systems (15)- (22). b. WSDOT shall document Signals, Illumination, and ITS work performed in Signal Maintenance Management records. WSDOT shall maintain the records for a period of Three (3)years from the date the work was completed. 7. EMERGENCY MAINTENANCE OR REPAIR 7.1 Should the CITY determine that any work that is the responsibility of WSDOT pursuant to this Agreement presents an immediate danger to the public or to the real property, facility, or operations, CITY will notify WSDOT in writing with email being acceptable, and request that WSDOT immediately address the emergency maintenance or repair problem, within one (1) working day of notification. WSDOT#GMB 0000 Page 3 of 9 7.2 In the event that WSDOT does not or cannot timely perform the emergency maintenance or repair after the CITY provides notice, CITY may then perform the emergency maintenance or repair at the expense of the Party otherwise responsible for payment. 7.3 The responsible Party shall be responsible for the actual direct and related indirect costs of the emergency maintenance or repair work. Reimbursement of the cost of the work shall be made in accordance with invoice and payment procedures set forth below. 8. PAYMENT AND RECORDS 8.1 The CITY agrees to reimburse WSDOT for the actual direct and related indirect costs of work covered by this Agreement, including additional work provided for under Sections 10 and 11, and including all Supplements to and/or Amendments of this Agreement. The WSDOT shall provide the CITY with a detailed invoice for review and approval. The CITY agrees to make payment within thirty (30) calendar days after the date of each approved invoice. 8.2 The CITY agrees that if it does not make payment within ninety(90)calendar days after the date of an approved WSDOT invoice, WSDOT may deduct and expend any monies to which the CITY is entitled to receive from the Motor Vehicle Fund as provided by RCW 47.24.050. 8.3 During the progress of any and all work performed by the WSDOT, and for a period of not less than three (3)years from the date of payment to the WSDOT for that work, the records and accounts pertaining to said work and accounting therefore are to be kept available for inspection and audit by the CITY. 8,4 Upon request by the CITY, at CITY cost, copies of all records, accounts, documents, or other data pertaining to the work shall be furnished by WSDOT to CITY. 8.5 If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the three (3)year retention period. 8.6 In the event that it is determined that an overpayment has been made to WSDOT by the CITY, the CITY shall invoice WSDOT for the amount of overpayment, including the records that support the overpayment. WSDOT shall pay the CITY for any overbilling amount within thirty (30)calendar days after WSDOT receives such billing from the CITY. WSDOT agrees that if payment for overbilling is not made within ninety (90) calendar days after WSDOT has been billed for any overbilling amount, the CITY may deduct any overbilled amount from progress payments due to WSDOT until such overbilled amount is satisfied. 9. RIGHT OF ENTRY 9.1 Each Party hereby grants to the other Party a right of entry upon the real property for which the Party holds fee title as may be necessary to perform the Work required under this Agreement. 9.2 The granting of the right of entry pursuant to this agreement does not relieve the Party exercising the right of entry from obtaining all permits required to perform the Work required under this Agreement. 10. SUPPLEMENT: REPAIR OR REPLACEMENT OF TRAFFIC SIGNAL/ILLUMINATION/INTELLIGENT TRANSPORTATION SYSTEMS WSDOT#GMB 0000 Page 4 of 9 10.1 Supplement: Should CITY request WSDOT to perform related work not otherwise covered by this Agreement, WSDOT may agree to perform the extra work at CITY expense. In this event, the Parties may supplement this Agreement by describing the work and executing a Supplement on a form agreed to by WSDOT. WSDOT shall review the request, and if it agrees to perform the extra work, WSDOT shall sign and number the Supplement, returning a copy to the CITY. 10.2 The CITY agrees, upon satisfactory completion of the work performed pursuant to a properly executed Supplement under Section 10.1 and receipt of a WSDOT Notice of Physical Completion of the work (or other similar form), to deliver a letter of acceptance to WSDOT. 10.3 Prior to Supplement work acceptance, WSDOT and CITY shall perform a joint final inspection. 10.4 If a letter of acceptance is not received by WSDOT within ninety (90) days following the Notice of Physical Completion of the repair or replacement work, the work shall be considered accepted by CITY. 10.5 The CITY may withhold acceptance of work by submitting written notification to WSDOT within ninety(90) calendar days following the Notice of Physical Completion of the repair or replacement work. This notification shall include the specific reason(s) for withholding the acceptance. 11. AMENDMENT TRAFFICSIGNAL/ILLUMINATION/INTELLIGENT TRANSPORTATIONADDITION OR DELETION 11.1. Amendment. Exhibit A of this Agreement may be amended to add or delete CITY-owned Signals, Illumination, and ITS by the CITY Manager or designee completing and providing the Amendment to WSDOT, using the form as provided by Exhibit C or such other form agreeable to WSDOT. The Amendment shall include, at a minimum, a description and location of the Signals, Illumination, and/or ITS to be added or deleted. The effective date of coverage or deletion shall be agreed to by the Parties and stated in the Amendment. 11.2. The Signals/Illumination/ITS Addition or Deletion Amendment shall require approval by WSDOT by the signature of the Regional Administrator. A request for additional work shall be in the WSDOT's sole discretion to accept, which shall not be unreasonably withheld. 12. THIRD PARTY DAMAGE 11.1 CITY shall be responsible for recovering the costs of damages caused by a third party pursuant to Section 6.2. 11.2 If WSDOT has information concerning third-party damages, it shall provide the information to the CITY as soon as practicable after receipt of request for records. 13. ADMINISTRATION AND NOTICES 12.1 The Point of Contact(POC) identified for each Party shall be responsible for administering this Agreement. POC for WSDOT: Traffic Engineer for Operations 2714 N Mayfair St WSDOT#GMB 0000 Page 5 of 9 Spokane, WA 99207 0: (509) 324-6000 POC for City of Spokane Valley Public Works Director. 10210 E. Sprague Ave. Spokane Valley, WA 99206 0: (509)720-5000 12.2 Any notice, demand, or other communication required or permitted to be given under this Agreement or applicable law shall be effective only if it is in writing, email being acceptable, addressed to the applicable Party's designated POC as set forth herein. 12.3. The name and contact information of a POC may be updated by a Party in writing to the other Party. A change in the name and/or contact information of a FOC shall not be considered an amendment to this Agreement. 14. ASSIGNMENT AND SUBCONTRACT Except as otherwise provided herein, a Party to this Agreement shall not assign, delegate, or transfer this Agreement or the obligations incurred hereunder, in whole or in part, by operation of law or otherwise, or subcontract for the management or operation of their respective responsibilities, or parts thereof, without the prior written consent of the other Party to this Agreement, which approval shall not be unreasonably withheld. 15. LEGAL RELATIONS 14.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other Party. No joint venture or partnership is formed as a result of this Agreement. 14.2 The Parties shall be deemed independent contractors for all purposes, and the employees of the Parties or any of their contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be employees of the other Party. 15. INDEMNIFICATION 15.1 Each Party to this Agreement shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each Party's negligent acts or omissions with respect to the provisions of this Agreement. Neither Party shall be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from the concurrent negligence of both Parties, their agents, officials or employees, and/or involve those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the indemnifying Party, its agents, officials or employees. 15.2 The Parties agree that their obligations under this section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of their officers, officials, employees, or agents. For this purpose, only, the Parties, by mutual negotiation, hereby waive, with respect to each other only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. WSDOT#GMB 0000 Page 6 of 9 15.3 This indemnification and waiver shall survive the termination of this Agreement. 16. DISPUTE RESOLUTION The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to, this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, following the dispute resolution process shown below shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: A. The POC, as designated in this Agreement shall use their best efforts to resolve disputes and issues arising out of or related to this Agreement. The POCs shall communicate regularly to discuss the status of the tasks to be performed hereunder and to resolve any disputes or issues related to the successful performance of this Agreement. The POCs shall cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. B. A Party's POC shall notify the other Party in writing of any dispute or issue that the POC believes may require formal resolution according to Section 16.D. The POCs shall meet within five (5) working days of receiving the written notice and attempt to resolve the dispute. C. In the event the POCs cannot resolve the dispute or issue, the CITY, and WSDOT's Region Administrator, or their respective designees, shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the CITY and WSDOT's Region Administrator, or their respective designees, cannot resolve the dispute or issue, the CITY and WSDOT shall each appoint a member to a Dispute Board. These two members shall then select a third member not affiliated with either Party. The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. All expenses for the third member of the Dispute Board shall be shared equally by both Parties; however, each Party shall be responsible for its own costs and fees. The decision shall be non-binding and inadmissible in any legal proceeding between the Parties. 17. RECORDS AND AUDIT All records related to the Work performed under this Agreement shall be held and kept available for inspection and audit for a period of three (3)years from the date of termination of this Agreement or any final payment authorized under this Agreement, whichever is later. Each Party shall have full access to and right to examine said records, during normal business hours and as often as it deems necessary. In the event of litigation or claim arising from the performance of this Agreement, the CITY and WSDOT agree to maintain the records and accounts until such litigation, appeal or claims are finally resolved. This section shall survive the termination of this Agreement. 18. GENERAL 18.1 Assurances. The Parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, State and local laws, rules, and regulations as they currently exist or as amended. 18.2 interpretation. This Agreement shall be interpreted in accordance with the laws of the state of Washington. The titles to paragraphs and sections of this Agreement are for convenience only and shall have no effect on the construction or interpretation of any part hereof. WSDOT#GMB 0000 Page 7 of 9 18.3 Working Days. Working days shall be defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. 18.4 Amendments. Unless otherwise specifically stated elsewhere in the Agreement, this Agreement may be amended only by the mutual written agreement of the Parties executed by personnel authorized to bind each of the Parties. 18.5 Waiver. A failure by a Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in writing signed by an authorized representative of the waiving Party and attached to the original Agreement. 18.6 All Writings Contained Herein. This Agreement contains all of the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. 18.7 Venue. Venue of any action brought under this Agreement involving WSDOT shall be in Superior Court for Spokane County, State of Washington. 18.8 Severability. If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. 18.9 Authority to Bind. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. 18.10 Counterparts and Electronic Signature. This Agreement may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy signed by each Party, for all purposes. Electronic signatures or signatures transmitted via e-mail in a "PDF" may be used in place of original signatures. Each Party intends to be bound by its electronic or"PDF" signature and is aware that the other Parties are relying on its electronic or "PDF" signature. WSDOT#GMB 0000 Page 8 of 9 CONTRACT EXECUTION IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. CITY Washington State Department of Transportation By: By: Digitally signed by Charlene I.Kay Charlene I. Kay Date:2025.03.31 095401-07'00' Printed: John Hohman, P.E. Printed: Charlene Kay, P.E. Title: City Manager Title: Regional Administrator Date: Date: 3 -1y - a ; Approved as to Form for CITY Approved as to Form for Washington State Department of Transportation By: By: (ATG) c. �[Y t2 aGl Printed: Printed: Qeo,4re. Alex Straub Title: Title: .Sensor �epv,� �� a ory�� ASST ATTY GEN Date: Date: 5/1 7/L°Z5 February 27, 2025 WSDOT#GMB 0000 Page 9 of 9 EXHIBIT A AGREEMENT GMC 1028 SIGNALS/ILLUMINATION/ITS As outlined in Section 6 of the Agreement, the STATE, at CITY expense, agrees to operate and maintain the Signals, Illumination, and ITS on the systems identified in this exhibit. Roadway Illumination Systems Location & Description Type & #of (State Route/Street/Milepost) Wattage Lu minaires SR290/Dickey Road LED 124w 4 SR290/Dollar Road LED 124w 3 SR290/Bradley Road & Dora Road LED 124w 5 SR290/Coleman Road LED 124w 3 SR290ILily Road LED 124w 3 SR290/Bowman Road and Girard Road LED 124w 5 SR290/Center Road LED 124w 3 SR290/Ella Road LED 124w 3 SR290/Dick Road LED 124w 3 SR290/Bessie Road LED 124w 3 SR290/Sargent Road and Dale Road LED 124w 6 SR290/Maple Road/Locust Road/Willow Road LED 124w 9 SR290IBoeing Road LED 124w 3 SR290/Fowler Road LED 124w 3 SR290/Buller Road LED 124w 3 SR290/University Road LED 124w 1 SR290/Williams Road LED 124w 3 SR290/Lockwood Road LED 124w 3 SR290/Stegner Road LED 124w 3 AGREEMENT GMC 1028—Exhibit A Page 1 of 4 Roadway Illumination Systems Location & Description Type & #of (State Route/Street/Milepost) Wattage Luminaires SR290/Pit Road LED 124w 3 SR290/Woodlawn Road LED 124w 3 SR290/McDonald Road LED 124w 3 SR290/Best Road and Ellen Road LED 124w 6 SR290/Adams Road LED 124w 3 SR290/Burns Road LED 124w 3 SR290/Progress Road LED 124w 3 SR290/Sullivan Road LED 124w 8 SR290/1-lome Staging Works Entrance LED 124w 2 SR290/Flora Road LED 124w 4 SR290/Monte Del Ray Road LED 124w 3 SR27/Trent RR Crossing LED 124w 2 Total Number of Locations—31 Total—112 Preventative Maintenance for illumination systems is anticipated to include cleaning fixtures,clean around bases,and retorque bolts once every four years. Emergency Maintenance will occur as required. AGREEMENT GMC 1028—Exhibit A Page 2 of 4 ITS Systems Location & Description (State Route/Street/Milepost) CCTV SR27Nalley Way SR27/Mission Avenue SR27/SR290 (Pines Road/Trent Avenue) SR290/Argonne Road ITS Cabinets SR27Nalley Way SR27/Mission Avenue SR27/SR290 (Pines Road/Trent Avenue) SR290/Argonne Road SR27/Sprague Avenue SR27/Mirabeau Parkway Communication System Underground Fiber& Equipment (Various Locations) Preventative Maintenance for CCTV is anticipated to include cleaning camera lens,cleaning camera body, and verifying camera operation. Preventative maintenance will be completed,on average, four times per year for each camera. Emergency Maintenance will occur as required. Preventative Maintenance for ITS cabinets is anticipated to include cleaning cabinet interior and exterior, and verifying full cabinet operation. Emergency Maintenance will occur as required. AGREEMENT GMC 1028—Exhibit A Page 3 of 4 Traffic Signal &Adjacent Illumination Systems Location &Description #of #of (State Route/Street/Milepost) Signals Luminaires SR290/Park Road 1 5 SR290Nista Road 1 6 SR290/Argonne Road 1 10 SR290/SR27 (Pines Road) 1 5 SR290/Evergreen Road 1 3 SR27/32"Avenue 1 6 SR27/16th Avenue 1 7 SR27/Appleway Trail (PHB) 1 2 SR27/Sprague Avenue 1 15 SR27/Broadway Avenue 1 8 SR27/Mission Avenue 1 3 SR27/Mansfield Avenue 1 6 SR27/Mirabeau Parkway 1 3 Total Number of Locations— 13 Total—13 Total—79 Preventative Maintenance for luminaires is anticipated to include cleaning fixtures, clean around bases, and retorque bolts once every four years. Emergency Maintenance will occur as required. Preventative Maintenance for signal systems includes cleaning lenses, fixtures, bases and signal cabinet cleaning and operational maintenance. Preventative maintenance is anticipated to include one maintenance activity per year on all overhead systems and twelve maintenance activities on all cabinets per year. Emergency Maintenance will occur as required. AGREEMENT GMC 1028—Exhibit A Page 4 of 4 EXHIBIT B AGREEMENT GMC 1028 SUPPLEMENT NO. xxx SIGNALS /ILLUMINATION/ITS —REPAIR and/or REPLACEMENT This Supplement to Agreement GMC 1028 is for the repair and/or replacement of Signals/Illumination/ITS facilities as further provided herein and is made and entered into between Washington State Department of Transportation, hereinafter the "STATE," and the City of Spokane Valley, hereinafter the "CITY," collectively referred to as"Parties," and individually,the"Party." WHEREAS, the Parties entered into Agreement GMC 1028 for the operation and maintenance of CITY owned Signaled,Illumination, and ITS systems, and WHEREAS, the CITY wishes to supplement this Agreement pursuant to Agreement Section 4 by including certain repair and/or replacement work(Work)that is not covered under Agreement Section 6.1, Provide Routine Maintenance and Operation,or Agreement Section 6.2,Provide Emergency Maintenance, and WHEREAS,the STATE agrees to perform the Work at the CITY's expense,as provided in the Agreement, NOW, THEREFORE: Signals/Illumination/ITS Repair or Maintenance 1. The Work proposed under this Supplement is described in the attached work sheet. 2. The CITY agrees to reimburse the STATE for all costs and expenses associated with this Supplement pursuant to Section 8 Payment and Records, of Agreement GMC 1028. Effective Date The effective date to start the Signals and/or Illumination and/or ITS Work identified in this Supplement is Date: month/day/year IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. WASHINGTON STATE DEPARTMENT OF CITY OF SPOKANE VALLEY TRANSPORTATION By: John Hohman By: Charlene Kay Title: City Manager Title: Eastern Region Administrator Date: Date: AGREEMENT GMC 1028—Supplement No. xxx Page 1 of 2 Exhibit B Agreement GMC 1028 Supplement No. xxx Supplement Work Sheet Proposed Work: System Type: Signals and/or Illumination and/or ITS Work to be Performed: Estimated Cost: Remarks: AGREEMENT GMC 1028—Supplement No. xxx Page 2 of 2 EXHIBIT C AGREEMENT GMC 1028 AMENDMENT NO. Axxx SIGNALS / ILLUMINATION /ITS—ADDITION and/or DELETION This Amendment to Agreement GMC 1028 is for the addition and/or deletion of Signals/Illumination/ITS facilities as further provided herein and is made and entered into between Washington State Department of Transportation, hereinafter the "STATE," and the City of Spokane Valley, hereinafter the "CITY," collectively referred to as "Parties," and individually,the"Party." WHEREAS, the Parties entered into Agreement GMC 1028 for the operation and maintenance of CITY owned Signaled, Illumination,and ITS systems, and WHEREAS, the CITY wishes to amend the Agreement pursuant to Agreement Section 11 by adding and/or deleting signals, illumination, and/or ITS facilities that is not covered under Agreement Section 6, and WHEREAS,the STATE agrees to accept the facilities included in this Amendment as part of the facilities as provided in the Agreement, NOW,'THEREFORE: Signals/Illumination/ITS Addition and/or Deletion The facilities being added or deleted under this Amendment are described in the attached table. Effective Date The effective date to add and/or delete the described facilities is the execution date of this Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date last signed below. WASHINGTON STATE DEPARTMENT OF CITY OF SPOKANE VALLEY TRANSPORTATION By: John Hohman By: Charlene Kay Title: City Manager Title: Eastern Region Administrator Date: Date: AGREEMENT GMC 1028 Amendment Axxx Page 1 of 2 Exhibit C Agreement GMC 1028 Amendment No.Axxx Signal I Illumination I ITS Addition or Deletion Table Location & Description #of #of ITS Addition (A) (State Route/Street/Milepost) Signals Luminaires System Deletion (D) AGREEMENT GMC 1028—Amendment Axxx Page 2 of 2