HomeMy WebLinkAbout26-083.00 Model Irrigation District No. 18 - ILA 32nd Ave Preservation, CIP #355MODEL IRRIGATION DISTRICT NO. 18
RESOLUTION 25-0
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF MODEL IRRIGATION
DISTRICT NO. 18 (the "District"), of Spokane County, Washington, as follows:
WHEREAS, the District has accepted and approved the Interlocal Agreement Between
the City of Spokane Valley and Model Irrigation District No. 18 for Waterline Installation
to be Included in the 32ND AVENUE PRESERVATION CAPITAL IMPROVEMENT
PROJECT 0355:
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. That on behalf of the District, Manager Rick Neal is authorized and
directed to execute the Interlocal Agreement with the City of Spokane Valley, a copy of
which is attached hereto.
2. That once the City of Spokane Valley executes the Interlocal Agreement,
that notice thereof shall be made by either recording the Agreement with the County
Auditor or posting on Model's website in accordance with RCW 39.34.040.
DATED this �j day ofy C,41, 2025.
MODEL IRRIGATION DISTRICT NO. 18
Spokane County, Washington
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SPOKANE VALLEY AND MODEL IRRIGATION DISTRICT NO.
18 FOR WATERLINE INSTALLATION TO BE INCLUDED IN THE CITY OF SPOKANE
VALLEY 32"D AVENUE PRESERVATION CAPITAL IMPROVEMENT PROJECT 0355
WHEREAS, the City of Spokane Valley (hereinafter the "CITY") intends to construct a road
improvement project known as the 32nd Avenue Preservation Capital Improvement Project 0355
(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 install a new water line within the PROJECT's limits, prior
to the completion of the PROJECT; and
WHEREAS, the CITY and DISTRICT agree to include the installation of the new 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 are 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 each, cubic yard, 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, mobilization, 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. The costs for any removal and replacement of asphalt pavement and/or concrete flatwork
beyond the PROJECT's removal limits quantified by increments (such as square yard,
ton) shall be based upon the actual quantities directly related to the WATER MAIN
IMPROVEMENTS and actual CITY's contractor's unit costs for those items.
1.5.4. A portion of the traffic control costs of the PROJECT in an amount equal to the
percentage that the Additive Alternate Bid of the WATER MAIN IMPROVEMENTS is
to the PROJECT's construction contract plus the Additive Alternative Bid of the
WATER MAIN IMPROVEMENTS, of the CITY's contractor item cost for traffic
control. By way of example, if bid prices for the Additive Alternate Bid of the WATER
MAIN IMPROVEMENTS cost $1.5M and the PROJECT's construction contract cost is
$3.5M then The District's actual cost share in 1.5.4 would be updated to 30% ($1.5M +
$3.5M = $5M, and $1.5M is 30% of SSM)
1.5.5. Any additional costs associated with change orders and/or valid claims for the WATER
MAIN IMPROVEMENTS shall be reviewed by the DISTRICT before approval.
1.5.6. Costs for the CITY's construction management and material testing for the WATER
MAIN IMPROVEMENTS shall be prorated based on a percentage the total costs in items
1.5.1, 1.5.2, 1.5.3 and 1.5.4 above. The percentage used for this provision shall be the
percentage that the Additive Alternate Bid of the WATER MAIN IMPROVEMENTS is
to the PROJECT's construction contract plus the Additive Alternative Bid of the
WATER MAIN IMPROVEMENTS. By way of example, if bid prices for the Additive
Alternate Bid of the WATER MAIN IMPROVEMENTS cost $1.5M and the
PROJECTS's construction contract cost is $3.5M then The District's actual cost share in
1.5.6 would be updated to 30% ($1.5M + $3.5M = $SM, and $1.5M is 30% of $5M)
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
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.
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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.
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. 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 1.5.4. If the DISTRICT disapproves the Additive
Alternate Bid of the low combined bidder or is not willing to reimburse the difference in Base
Bids 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 WATER MAIN IMPROVEMENTS 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 and trench backfilling required for
the WATER MAIN IMPROVEMENTS.
Provide construction management and control surveying for the WATER MAIN IMPROVEMENTS.
Make monthly progress payments to the contractor based on the City's inspector's field
measurements of installed WATER MAIN IMPROVEMENTS.
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.
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 I & 2.
4.2 DURATION: See Article 3.
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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 I & 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.
ARTICLE 5 — MISCELLANEOUS PROVISIONS
5.1 INDEMNIFICATION. DISTRICT shall indemnify and hold harmless CITY and its officers,
agents, and employees, from any and ail claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by any reason of or arising out of any negligent act or
omission of DISTRICT, its officers, agents and employees, relating to or arising out of
performing DISTRICT's obligations pursuant to this Agreement. In the event that any suit
based upon such claim, action, loss, or damages is brought against CITY, DISTRICT shall
defend the same at its sole cost and expense and if final judgment in said suit be rendered
against CITY, and its officers, agents, and employees, or jointly against CITY and DISTRICT
and their respective officers, agents, and employees, DISTRICT shall satisfy the same.
CITY shall indemnify and hold harmless DISTRICT and its officers, agents, and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any
nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY,
its officers, agents and employees, relating to or arising out of performing CITY's obligations
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against DISTRICT, CITY shall defend the same at its sole cost and
expense and if final judgment in said suit be rendered against DISTRICT, and its officers,
agents, and employees, or jointly against DISTRICT and CITY and their respective officers,
agents, and employees, CITY shall satisfy the same.
If the comparative negligence of the Parties and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in
proportion to their relative degree of negligence and the right of indemnity shall apply to such
proportion.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification, This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
Page 4 of 6
5.2 NOTICE. Notice other than applications for payment shall be given in writing as follows:
TO THE CITY:
Name: Marci Patterson, City Clerk
Phone: (509) 720-5000
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
TO THE DISTRICT:
Name: Ryan Neal, District Manager
Phone: (509) 926-5759
Address: 1424 S Pierce Rd
Spokane Valley WA 99206
5.3 APPLICABLE LAW. The Parties, in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws, codes, and regulations. This Agreement shall
be interpreted and enforced in accordance with Washington law.
5.4 DISPUTES. All disputes arising under or related to this Agreement that cannot be resolved
through informal discussion and negotiations shall be resolved by litigation filed in the
Superior Court of the State of Washington for Spokane County, unless otherwise required by
applicable federal or state law. The prevailing party in any litigation or arbitration arising out
of this Agreement shall be entitled to its attorney's fees and costs of such litigation or
arbitration (including expert witness fees).
5.5 WAIVER. No officer, employee, agent, or other individual acting on behalf of either party has
the power, right, or authority to waive any of the conditions or provisions of this Agreement.
No waiver in one instance shall be held to be waiver of any other subsequent breach or
nonperformance. All remedies afforded in this Agreement or by law shall be taken and
construed as cumulative and in addition to every other remedy provided herein or by law.
Failure of either party to enforce at any time any of the provisions of this Agreement or to
require at any time performance by the other party of any provision hereof shall in no way be
construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or
any part thereof.
5.6 ENTIRE AGREEMENT. This Agreement constitutes the entire and complete agreement
between the parties and supersedes any prior oral or written agreements. This Agreement may
not be changed, modified, or altered except in writing signed by the Parties.
5.7 SEVERABILITY. If any section, sentence, clause, or phrase of this Agreement should be held
to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not
affect the validity of any other section, sentence, clause, or phrase of this Agreement.
The Parties have executed this Interlocal Agreement this "day of -r" , 2025.
CITY OF SPOKANE VALLEY:
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John H�ohman, City Manager
ATTEST:
Page 5 of 6
Mmici
Marci Patterson, City Clerk
APPROVED AS TO FORM:
.j ?�5Wthe City Attorney
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MODEL IRRIGATION DISTRICT NO. 18 :
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Title:ullerti�ey�-�
Date: 1 o-13-202S
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