21-161.00 Trentwood Irrigation District 3: Sullivan Waterline Project Contract 21-161
INTERLOCAL AGREEMENT BETWEEN THE TRENTWOOD IRRIGATION DISTRICT#3 AND
THE CITY OF SPOKANE VALLEY, FOR DESIGN AND CONSTRUCTION OF THE SULLIVAN
ROAD WATERLINE EXTENSION
This Agreement("Agreement")for design and construction of the Sullivan Road Waterline Extension
Project("the Project") is entered into by and between the Trentwood Irrigation District#3 ("District"),
an irrigation district organized and existing under the laws of the State of Washington, and the City
of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly
referred to as"Parties":
WHEREAS, the City currently owns and maintains the Sullivan Regional Park, located along
Sullivan Road immediately north of the Spokane River and west of Sullivan Road, which has its
potable water supplied from a City-owned water well located onsite;
WHEREAS, the City-owned water well is not of sufficient size, nor is the water quality adequate,
to provide a sustainable water source for additional development of the Sullivan Regional Park;
WHEREAS, the District owns and operates a municipal water system that has sufficient capacity
to supply potable water to the City's park and adjacent properties;
WHEREAS, the City desires to construct the Project, located immediately west of, and along
Sullivan Road from its water system in Sullivan Park, to just north of the Union Pacific Railroad
tracks, which will include a domestic water transmission main and associated appurtenances;
WHEREAS,the City has an interest in developing the Project so it can receive potable water from
the District for existing and future park development;
WHEREAS, the District and the City agree that installation of the Project would benefit the
taxpayers and general public; and
WHEREAS, the District and the City desire to enter into this Agreement to establish the mutually
agreed terms to accomplish the tasks set forth herein.
NOW, THEREFORE, the District and the City agree as follows:
SECTION 1 — Responsibilities of City.
1.1 Provide a complete design of the proposed water line extension by a Professional
Engineer registered to practice Engineering in the State of Washington. The water transmission
main shall include pipe and all appurtenances from a connection point with the District's existing
system, and extending south along Sullivan Road, to a connection point with the City's current
water system. The design of the water system facilities shall be in accordance with the latest
District requirements and standards. The engineering design, construction plans and construction
documents will be submitted to the District for review and/or approval at the 30%, 60%, and final
stages of design.
1.2 From the final design documents, as approved by the District, the City shall construct the
water main, including all appurtenances, in accordance with applicable City, state and federal
construction standards and requirements.
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Sullivan Road Waterline Extension
Contract 21-161
1.3 Be responsible for all costs associated with the design and construction of the waterline
extension, including construction management and construction inspection.
1.4 Shall, at its own costs and efforts, secure all reviews, approvals, and permits from any and
all applicable jurisdictions, including associated fees,for the completion of the water line extension
project.
1.5 Shall execute all deeds, documents, permits, annexation agreements, and checklists
necessary for the permitting, and conveyance of property rights, including conveyance of the final
Project, required for the Project and in the performance if this Agreement.
1.6 If the City determines it is in its best interest, enter into a Latecomer's Agreement with the
District to provide for future reimbursement of incurred costs from additional owners and/or
developers of property who desire to connect to the Project but did not contribute to the costs of
Project development.
SECTION 2— Responsibilities of District.
2.1 Designate a "responsible person," who shall represent the District's interest during the
design and construction of the Project, and shall coordinate any modifications or changes needed
by the District in conjunction with the work;
2.2 Provide Project design criteria, including the size of the pipe, spacing of isolation valves
and hydrants, and other appurtenances required to maintain the integrity of the District's water
system.
2.3 Provide timely reviews, 14 calendar days or less, of the engineering design, construction
plans, and construction documents at the 30%, 60%, and final stages of design. Costs associated
with the District's review of project documents shall be fully borne by the District.
2.4 Provide construction observation services during the course of construction, as necessary
or required, to ensure the required quality of the completed work meets District guidelines.
2.5 Upon satisfactory completion of the project improvements, accept the dedication of the
water system improvements, and by District Board resolution, accept ownership, maintenance,
and operation of the improvements.
2.6 At the City's request, enter into a Latecomer's Agreement with the City to provide for future
reimbursement of incurred costs to the City from additional owners and/or developers of property
who desire to connect to the Project but did not contribute to the costs of Project development.
SECTION 3. Notice. All communications, notices, or demands of any kind which a party under
this Agreement is required or desires to give to any other party shall be in writing and be either
(1) delivered personally, or (2) deposited in the U.S. mail, certified mail, postage prepaid, return
receipt requested and addressed as follows:
If to the City: City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
Attn: Christine Bainbridge
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Sullivan Road Waterline Extension
If to the District: Trentwood Irrigation District i3 Contract 21-161
4402 N Sullivan Road
Spokane Valley, WA 99216
Attn: Michael Klein
SECTION 4. Successors. This Agreement shall be binding on and inure to the benefit of the
successors and the assigns of the Parties.
SECTION 5. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Washington. Any action for enforcement of this Agreement shall be brought in a
court of competent jurisdiction in Spokane County, Washington or as otherwise provided by
statute.
SECTION 5. Modifications. No modification or amendment of this Agreement shall be valid
until the same is reduced to writing and executed with the same formalities as the present
Agreement. The City Manager or designee is specifically authorized to amend this Agreement
without further City Council approval: provided, amendments for changes that result in payment
amounts or costs of the City over the City Managers contractual authority under SVMC 3.35.010
shall require City Council approval_
SECTION 7. Waiver. No officer, employee, agent, or otherwise of either Party has the power,
right, or authority to waive any of the conditions or provisions to this Agreement. No waiver or
any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
SECTION 8. Representation. This Agreement forms a fully integrated agreement between the
Parties. No other understandings, oral or otherwise. regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the Parties hereto.
All Parties have read and understand all of the Agreement. and now state that no representation,
promise, or agreement not expressed in the Agreement has been made to induce any Party to
execute the same,
SECTION 9. Authority. Both Parties to this Agreement represent and certify that they have full
authority and power to enter into and carry out this Agreement. The persons signing this
Agreement represent that they have authority to act for and bind their respective principals.
IN WITNESS WHEREOF. the Parties have executed this Agreement this %-ZK-
day of 0 c to . 2021.
CITY OF SPOKANE VALLEY: TRENTWOOD IRRIGATION DISTRICT#3:
/11()/d/
Mark Calhoun, City Manager Mic el Klein, District Manager
APPROVED TO FORM: APPROVED AS TO FORM:
Office of e City Attorney Irrigation District Attorney
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