19-195.00 Spokane County Environmental Svcs: Barker Rd Homes Sewer INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND
SPOKANE COUNTY REGARDING THE BARKER ROAD HOMES SANITARY
SEWER PROJECT (NO. 228C),AND OTHER MATTERS RELATING THERETO
THIS AGREEMENT, made and entered this_'(il day of DeCE'.ell-laW , 2019,
by and between Spokane County,a political subdivision of the State of Washington("COUNTY"),
and the City of Spokane Valley (CITY), a municipal corporation of the State of Washington,
jointly hereinafter referred to as the "Parties."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of
County Commissioners of Spokane County (the "Board") has the care of County property and
management of County funds and business; and
WHEREAS, pursuant to the provisions of chapter 35A.11 RCW, the CITY Council has
the care of CITY property and management of CITY funds and business; and
WHEREAS, pursuant to the provisions of chapters 36.70 and 36.94 RCW,the Board has
adopted a Comprehensive Wastewater Management Plan as an element of the County's
Generalized Comprehensive Plan; and
WHEREAS, pursuant to the provisions of chapter 36.94 RCW and the Comprehensive
Wastewater Management Plan, Spokane County has the power to construct, operate and maintain
a system of sewerage within the Spokane County area; and
WHEREAS, pursuant to the Interlocal Agreement between CITY and the COUNTY,
regarding wastewater management,dated July 21,2009,the Parties have agreed that the COUNTY
will own and manage the system of sewerage within the CITY; and
WHEREAS, the Parties agree on the importance of eliminating individual on-site sewer
facilities north of the Spokane River east of Barker Road, and have been planning for the joint
undertaking of the Barker Road Homes Sanitary Sewer Project(the"Project"); and
WHEREAS,pursuant to CITY Resolution No. 19-014,dated October 15,2019,the CITY
relinquishes its set-aside of 2020 and 2021 Community Development Block Grant(CDBG) funds
for the use of assisting eligible low and very low income homeowners within the Project area with
connection fees and costs, said funds to be administered by COUNTY; and
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, the Parties desire to clearly identify what role each jurisdiction is to have
regarding financing, design, and construction of the Project.
Interlocal Agreement—Barker Road Homes Sanitary Sewer Project No.228C
Page 1 of 8
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 the respective roles each
jurisdiction is to have regarding financing, design, and construction of the Barker Road Homes
Sanitary Sewer Project.
SECTION 2: TERM
Subject to any other provisions contained herein,the period of performance of this Agreement shall
commence on December 1, 2019, 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, either Party may terminate this Agreement upon at
least 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 designate the following individuals, or their designees, as their representatives
for the purpose of ensuring compliance with the Agreement:
SPOKANE COUNTY:
Spokane County Environmental Services Director
1026 West Broadway Avenue
Spokane, WA 99260
CITY OF SPOKANE VALLEY:
City Manager
10210 East Sprague Avenue
Spokane Valley, WA 99206
SECTION 5: OBLIGATIONS OF THE PARTIES
COUNTY's Obligations:
Engineering Design: The COUNTY shall be responsible for completing the sewer design
engineering for the Project, including the public outreach and coordination with property
owners being served. The COUNTY will integrate road and drainage design and specifications
provided by CITY into the contract documents for bidding and award.
Construction and Inspection Costs: The construction contract bidding,award and management
Interlocal Agreement -Barker Road Homes Sanitary Sewer Project No.228C
Page 2 of 8
of the Project shall be provided by the COUNTY. The COUNTY shall be responsible for the
following:
a. 100%of the cost of the construction and inspection related to sewer installation
(less CITY funding contribution described below)
b. 100%of the costs of inspection of sewer installation in the Project area
c. 50% of the costs of inspection of roadway removal and replacement in sewer
installation areas
d. 50%of the construction costs related to roadway removal and replacement in sewer
installation areas
(road replacement section will be 2" Asphalt Concrete Pavement (ACP)
over 6"crushed surfacing)
e. Anticipated advertisement date for the project is April 20, 2020
f. Anticipated start of construction is June 1, 2020
CITY's Obligations:
Engineering Design: CITY shall be responsible for completing the road, drainage, and signal
design engineering for the Project and obtaining any required right-of-way for restoration
and/or improvements. CITY will complete construction plans and specifications for the
associated road restoration and/or improvements and provide them to the COUNTY for
integration into the Project bid documents. See Attachment A for the Project limits and right-
of-way responsibilities.
Construction and Inspection Costs: The CITY shall reimburse the COUNTY for CITY's share
of costs associated with;
a. 50% of the costs of inspection of roadway removal and replacement in sewer
installation areas
b. 50%of the construction costs related to roadway removal and replacement in sewer
installation areas
(Road replacement section will be 2"ACP over 6" crushed surfacing)
c. 100% of the cost of ACP removal and replacement and crushed surfacing in
designated"gap"areas
d. 100% of the cost of increasing the ACP thickness from 2" to 3" (1" increase)
throughout Project area
e. 100% of the cost of road and drainage improvements not related to sewer
installation activities
f. Additional contribution to the cost of the road installation in the amount of
$465,000
Accordingly, the COUNTY shall send monthly invoices to CITY during construction and
CITY shall pay those invoices within 30 days. CITY shall pay $465,000 towards the cost of
the road installation by September 30,2020.
Interlocal Agreement—Barker Road I tomes Sanitary Sewer Project No.228C
Page 3 of 8
• ,
Joint Obligations
Representatives from the COUNTY and CITY shall meet regularly as needed, but no less
frequently than once per month,to jointly consider matters pertaining to the administration of
the Project throughout the term of the Project.
The COUNTY shall coordinate with CITY prior to the start of Project construction regarding
the proposed construction management and inspection team and the estimated cost of
construction management and inspection services.
SECTION 6: INDEMNITY & HOLD HARMLESS
The COUNTY shall protect,defend, indemnify,and hold harmless the CITY, 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/or property) The
COUNTY will not be required to indemnify, defend, or save harmless the CITY if the claim, suit,
or action for injuries, death, or damages (both to persons and/or property) is caused by the sole
negligence of the CITY. Where such claims,suits,or actions result from the concurrent negligence
of both Parties, the indemnity provisions provided herein shall be valid and enforceable only to
the extent of each Party's own negligence.
The CITY agrees to protect, defend, indemnify, and hold harmless the COUNTY 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/or property).
The CITY will not be required to indemnify, defend, or save harmless the COUNTY if the claim,
suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the
sole negligence of the COUNTY. Where such claims, suits, or actions result from the concurrent
negligence of both Parties,the indemnity provisions provided herein shall be valid and enforceable
only to the extent of each Party's own negligence.
The COUNTY and the CITY agree that their mutual obligations under this section extend to any
claim, demand and/or cause of action brought by, or on behalf of, any COUNTY or the CITY
employees or agents while performing work authorized under this Agreement. For this purpose,
the COUNTY and the CITY, by mutual negotiation, hereby waives any immunity that would
otherwise be available to it against such claims under the Industrial Insurance provisions of chapter
51.12 RCW.
These indemnifications and waiver shall survive the termination of this Agreement.
No officer or employee of the CITY or the COUNTY shall be personally liable for any act, or
failure to act, in connection with this Agreement, it is understood that in such matters they are
acting solely as agents of their respective agencies.
SECTION 7: INSURANCE
During the term of the Agreement,the CITY and COUNTY shall each maintain in force at its sole
Interlocat Agreement—Barker Road Homes Sanitary Sewer Project No. 228C
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expense, each insurance coverage with minimum limit noted below:
(1) Workers' Compensation Insurance in compliance with Title 51 RCW, which
requires subject employers to provide workers' compensation coverage for all their
subject workers and Employer's Liability Insurance in the statutory amount.;
(2) General Liability Insurance on an occurrence basis,with a combined single limit of
not less than $5,000,000 each occurrence for bodily injury and property damage. It
shall include contractual liability coverage for the indemnity provided under this
Agreement;
(3) Automobile Liability Insurance with a combined single limit, or the equivalent of
not less than $5,000,000 each accident for bodily injury and property damage,
including coverage for owned, hired and non-owned vehicles; and
Each insurance policy/liability coverage document shall be endorsed and the certificate shall
reflect that the insurance afforded therein shall be primary insurance and any insurance or self-
insurance carried by the other entity shall be excess and not contributory insurance to that provided
by the other entity
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverage(s) without 30 days' written notice from either entity or their insurer(s) to the
other entity.
Insurance requirements for general and professional liability may be satisfied by providing proof
of insurance with membership in an authorized Risk Pool formed under and meeting the
requirements of RCW 48.62.031.
As evidence of the insurance/liability coverage required by this Agreement, each entity shall
furnish written evidence of acceptable commercial insurance or Risk Pool liability coverage to the
other entity within 30 days of the Agreement becoming effective. If requested, complete copies of
commercial insurance policies or Risk Pool liability coverage documents shall be provided to
either entity.The CITY and COUNTY shall be financially responsible for all pertinent deductibles,
self-insured retentions, and/or self-insurance.
SECTION 8: COUNTERPARTS
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.
Interlocal Agreement- Barker Road Homes Sanitary Sewer Project No.228C
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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
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. 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 either
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. Neither Party may assign its interest in this Agreement without the express written
consent of the other Party.
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.
Interlocal Agreement—Barker Road Homes Sanitary Sewer Project No.228C
Page 6 of 8
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
A. Purpose: See Section No. 1, above.
B. Duration: See Section No. 2, above.
C.No creation of separate entity: See Section No. 9, above.
D. Responsibilities of the Parties: See Section No. 5 and other provisions, above.
E.Agreement to be filed: See Section No. 12,above.
F. Financing: See Section No. 5, above.
G.Termination: See Section No. 3,above.
H.Property upon termination: See Section No. 9 above.
I. Contract management: See Section No. 5, above.
Interlocal A,reement—Barker Road Homes Sanitar) Sewer Project No.228C
Page 7 of 8
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:
ABSENT
Mark Calhoun, City Manager Mary L. Kuney, Chair
"4/ # ....„.......„,‘,1/4_
Al rench, i 'e-Chair -•'o.E 66'. O II
ATTEST: % C . y-1•..i 1$
• Josh Kerns, Commissioner ��� I'"`�'j. '
i ` ."...sEAL .*4r;
Christine Bainbridge, City Clerk ATTEST: 1�'1` �e coy .-=
iAj
Approved as to form: inns Vasquez, Clerk of th oard
Pa721-elt_vii
Approved as to form:
Offic the Cney
1(),AA-4C-.0" -
•••• ane County Prosecutor's O is
Interlocal Agreement-Barker Road limes Sanitary Seeker Project No.228C
Page 8 of 8
No19 - 15I5
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING AN )
INTERLOCAL AGREEMENT BETWEEN THE )
CITY OF SPOKANE VALLEY AND SPOKANE ) RESOLUTION
COUNTY REGARDING THE BARKER ROAD )
HOMES SANITARY SEWER PROJECT (NO. )
228C), AND OTHER MATTERS RELATING )
THERETO )
WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of
County Commissioners of Spokane County(the"Board")has the care of County property and
management of County funds and business; and
WHEREAS,pursuant to the provisions of chapter 35A.11 RCW,the City of Spokane
Valley (CITY) Council has the care of CITY property and management of CITY funds and
business; and
WHEREAS, pursuant to the provisions of chapters 36.70 and 36.94 RCW,the Board
has adopted a Comprehensive Wastewater Management Plan as an element of Spokane
County's (COUNTY) Generalized Comprehensive Plan; and
WHEREAS, pursuant to the provisions of chapter 36.94 RCW and the
Comprehensive Wastewater Management Plan, Spokane County has the power to construct,
operate and maintain a system of sewerage within the Spokane County area; and
WHEREAS, pursuant to the Interlocal Agreement between CITY and the COUNTY,
regarding wastewater management, dated July 21, 2009, the Parties have agreed that the
COUNTY will own and manage the system of sewerage within the CITY; and
WHEREAS, the Parties agree on the importance of eliminating individual on-site
sewer facilities north of the Spokane River east of Barker Road, and have been planning for
the joint undertaking of the Barker Road Homes Sanitary Sewer Project (the "Project"); and
WHEREAS, pursuant to CITY Resolution No. 19-014, dated October 15, 2019, the
CITY relinquishes its set-aside of 2020 and 2021 Community Development Block Grant
(CDBG) funds for the use of assisting eligible low and very low-income homeowners within
the Project area with connection fees and costs, said funds to be administered by COUNTY;
and
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
Page 1 of 2
WHEREAS,the Parties desire to clearly identify what role each jurisdiction is to have
regarding financing, design, and construction of the Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Spokane County, Washington that the Interlocal Agreement between the City of Spokane Valley and
Spokane County regarding the Barker Road Homes Sanitary Sewer Project (No. 228C), and other
matters relating thereto, is hereby approved and that the Chair, or a majority of the Board, be and is
authorized to execute the same at other than an open public meeting.
PASSED AND ADOPTED this 3t 1.. day of December 2019.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
ABSENT
�
m • .: , MARY L. KUNEY, CHAIR
%
ATTEST: It
4, . • . P
1xxcouKw"i s: AL FRENC VICER
Ginna Vasquez - JOSH KERNS, COMMISSIONER
Clerk of the Board
Page 2 of 2