19-028.00 Spokane County: Sullivan Wellesley Intersection r -ozg
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND
SPOKANE COUNTY REGARDING THE SULLIVAN ROAD/WELLESLEY AVENUE
INTERSECTION IMPROVEMENT PROJECT,AND OTHER MATTERS RELATING
THERETO
THIS AGREEMENT, made and entered this 13th day of December, 2018, by and
between Spokane County, a political subdivision of the State of Washington("County"), and the
City of Spokane Valley, a municipal corporation of the State of Washington ("the City"),jointly
hereinafter referred to as the "Parties."
WITNESSETH:
WHEREAS, the City has been planning for the Sullivan Road/Wellesley Avenue
Intersection Improvement Project (the Project) for a number of years. The Project became
necessary as a result of traffic volumes, wait times and level of service at the intersection. This
improvement was intended to be an interim project prior to the County's Bigelow Gulch—Phase
6 project,which will improve and widen Forker Road south of Bigelow Gulch Road and redirect
traffic to the intersection of Sullivan Road and Wellesley Avenue. The County's Bigelow Gulch
— Phase 6 project was intended to include construction of a traffic signal at Sullivan
Road/Wellesley Avenue; and •
WHEREAS, the City was previously granted Congestion Management/Air Quality
(CMAQ)funds by the Spokane Regional Transportation Council (SRTC)to improve the Sullivan
Road/Wellesley Avenue intersection. The CMAQ grant is to be used to design, acquire
right-of-way, and construct an interim intersection project until such time as the Bigelow Gulch—
Phase 6 project connects to the Sullivan Road/Wellesley Avenue intersection.
WHEREAS,pursuant to the provisions of chapter 39.34 RCW,two or more public entities
may jointly contract between each other to perform functions which each may individually
perform; and
WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of
County Commissioners of Spokane County has the care of County property and management of
County funds and business;and
WHEREAS, the Parties desire to clearly identify what role each jurisdiction is to have
regarding financing, design, and right-of-way acquisition.
NOW THEREFORE, for and in consideration of the mutual promises set forth
hereinafter,the Parties hereto agree as follows:
SECTION 1: PURPOSE
The purpose of this Agreement is for the Parties to clearly identify what role each jurisdiction is
to have regarding financing, design, and right-of-way acquisition of the Sullivan Road/Wellesley
Avenue Intersection Improvement Project.
luLci local Atrccincnt Sullivan!Wcclicslrti• Intersection Improvement Project
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SECTION 2: TERM
Subject to any other provisions contained herein,the period of performance of this Agreement shall
commence on October 1,2018,and be completed no later than December 31,2023 unless terminated
sooner as provided herein.
SECTION 3: TERMINATION
Except as otherwise provided in this Agreement,any Party may terminate this Agreement upon 30
days written notification. If this Agreement is so terminated, the terminating Party shall be liable
only for performance in accordance with the terms of this Agreement for performance rendered prior
to the effective date of termination.
SECTION 4: CONTRACT MANAGEMENT
The Parties hereby appoint the following individuals, or their designees, as their representatives
for the purpose of ensuring that the provisions of the Agreement are satisfied:
SPOKANE COUNTY:
Spokane County Engineer
1026 West Broadway Avenue
Spokane,WA 99260
CITY OF SPOKANE VALLEY:
City Engineer
10210 East Sprague Avenue
Spokane Valley, WA 99206
SECTION 5: OBLIGATIONS OF THE PARTIES
SPOKANE VALLEY:
The City shall be responsible for completing the road, drainage, and signal engineering at the
Sullivan-Wellesley Intersection and obtaining the required right-of-way for the intersection
improvements up to and including exercising the City's power of eminent domain, should it
become necessary. The City will complete construction plans and specifications for the
intersection improvements. See the attached exhibit for the engineering limits and right-of-
way acquisition responsibilities. The City will be responsible for paying back funds if the
required right-of-way is not acquired to complete the intersection improvements.
SPOKANE COUNTY:
The County shall provide the City with $99,625 in funding for the right-of-way acquisition
phase of the Project. This shall be a fixed amount and the total deliverable amount of funds
from the County to the City regardless of the City's actual expenditures in undertaking this
Agreement. Spokane County will obtain the right-of-way required to build the intersection
interlocal Agreement—Sullivan/Wellesley Intersection Improvement Project
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from East Valley School District. See the attached exhibit for the right-of-way acquisition
limits. Funding will be available after January 14th and the execution of this Agreement.
BOTH PARTIES
Representatives from the County and City agree to meet regularly as needed to jointly decide
matters pertaining to the administration of the Project until the Project closure.
SECTION 6: INDEMNITY&HOLD HARMLESS
Each of the Parties shall defend,indemnify and hold harmless the other participating agencies, its
officers, officials,employees and volunteers from and against any and all claims,suits,actions, or
liabilities for injury or death of any person, or for loss or damage to property, which arises out of
this Agreement,including its officers,agents,or employees,except for injuries or damage resulting
from the sole negligence of a jurisdiction. This provision shall survive the termination of this
agreement.
SECTION 7: INSURANCE
Each party agrees to procure and maintain for the duration of this agreement, General Liability
Insurance with minimum coverage limits in the amount of$5,000,000 per occurrence and statutory
Workers Compensation coverage for their employees & volunteers. Proof of Insurance shall be
submitted to each party upon request.
SECTION 8: COUNTERPARTS
to
This Agreement may be executed in one or more counterparts, each of which, when so executed
and delivered, shall be an original,but such counterparts shall together constitute but one and the
same Agreement.
SECTION 9: ENTITIES/PROPERTY
A.No new entities are created by this Agreement.
B.No real or personal property will be transferred as part of this Agreement.
C.No joint board will be created to administer the provisions of this Agreement.
SECTION 10: RELATIONSHIP OF THE PARTIES
The Parties intend that an independent contractor relationship will be created by the Agreement. No
agent,employee, servant or otherwise of a Party shall be deemed to be an employee, agent, servant,
or otherwise of any other Party for any purpose,and the employees of a Party are not entitled to any
of the benefits that any other Party provides for its employees.Each Party shall be solely and entirely
responsible for its acts and for the acts of its agents,employees,servants,subcontractors,or otherwise
during the performance of this Agreement.
SECTION 11: RECORDS MAINTENANCE
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The Parties shall each maintain books,records,documents and other evidence which sufficiently and
properly reflect all direct and indirect costs expended by all Parties in the performance of the services
described herein. These records shall be subject to inspection, review or audit by personnel of the
Parties, other personnel duly authorized by any Party, the Office of the State Auditor, and federal
officials so authorized by law. The Parties will retain all books, records, documents, and other
material relevant to this agreement for five years after expiration and the Office of the State Auditor,
federal auditors, and any persons duly authorized by the parties shall have full access and the right
to examine any of these materials during this period.
SECTION 12: AGREEMENT TO BE FILED
The County may either file this Agreement with the Spokane County Auditor or post it on its
internet website. The City shall file this Agreement with its City Clerk, and shall either file this
Agreement with the Spokane County Auditor or post it on its internet website.
SECTION 13: MISCELLANEOUS PROVISIONS
A.Non-waiver. No waiver by any Party of any of the terms of this Agreement shall be construed
as a waiver of the same or other rights of that Party in the future.
B. Entire agreement. This Agreement contains the entire understanding of the Parties. No
representations, promises, or agreements not expressed herein have been made to induce any
Party to sign this Agreement.
C. Modification. No modification or amendment to this Agreement shall be valid until put in
writing and signed with the same formalities as this Agreement.
D. Assignment. No Party may assign its interest in this Agreement without the express written
consent of the other Parties.
E. Severability. In the event any portion of this Agreement should become invalid or
unenforceable,the rest of the Agreement shall remain in full force and effect.
F. Compliance with laws. The Parties shall observe all federal, state and local laws, ordinances
and regulations,to the extent that they may be applicable to the terms of this Agreement.
G. Anti-discrimination. No individual shall be excluded from participation in, denied the benefit
of, subjected to discrimination under, or denied employment in the administration of or in
connection with this contract because of age, sex, race, color, religion, creed, marital status,
familial status,sexual orientation, national origin, honorably discharged veteran or military
status, the presence of any sensory, mental or physical disability, or use of a service animal by
a person with disabilities.
H. Venue stipulation. This Agreement shall be construed under the laws of Washington State.
Any action at law, suit in equity or judicial proceeding regarding this Agreement or any
provision hereto shall be instituted only in courts of competent jurisdiction within Spokane
County, Washington.
SECTION NO. 14: CLAUSES REQUIRED BY CHAPTER 39.34 RCW
Interlocal Agreement—Suilivan`\Vellcs1e' Intersection Improvement Project
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A. Purpose: See Section No. 1,above.
B.Duration: See Section No. 2,above.
C.Organization of separate entity and its powers: See Section No. 9,above.
D.Responsibilities of the Parties: See provisions above. •
E.Agreement to be filed: See Section No. 12,above.
F.Financing: Each party shall be responsible for the financing of its contractual obligations under
its normal budgetary process. `,
E
G.Termination: See SectionNo. 3,above. K
H.Property upon termination: See Section No. 5,above.
I. Contract administration: See Section No.4,above.
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed on the
date set forth on page one.
City of Spokane Valley: Spokane County:
BOARD OF COUNTY COMMISSIONERS:
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Mark Calhoun, City Manager ../. IJosh Kerns,Chair
ABSENT
Mary K ey,Vice-Chair
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P { Al French,Commissi
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Christine Bainbri.ge, City Clet ATTEST.
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Approved as to form: inns Vas Clerk of the and
PP Vasquez,
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Ap e oved as to form: I ,
Office of e City Attorney
Spokane County Prosecutor's Office .
Interlocal Agrccment—Sullivan`Wellcslcy tntemction lmpruverricntProject
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