23-161.00 Moskalenko HomesAGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND MOSKALENKO HOMES,
PROPERTIES & RENTALS, LLC FOR POJECT COST IMPACTS FOR UTILIY CONNECTIONS
CONSTRUCTED DURING 8TH AVE IMPROVEMENTS PROJECT, CIP #0340
This Agreement ("Agreement') for impacts to the 8th Ave improvements Project ("the Road Project")
is entered into by and between MOSKALENKO HOMES, PROPERTIES & RENTALS, LLC, its successors
and assigns ("Owner"), a Washington corporation, having offices at 4720 S Dandy Ct. Spokane, WA 99224,
and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly
referred to as "Parties":
WHEREAS, the City is constructing the Road Project, located on 8`s Ave between Carnahan and Park Road,
in 2023. The Road Project will result in a repaved roadway with gravel shoulder, areas of curbing,
channelization and associated drainage facilities; and
WHEREAS, the Owner is the owner of the real properties adjacent to the Road Project, and the Owner
approached the City to self -perform the installation of utility facilities during the road closures associated
with the Road Project; and
WHEREAS, the Owner of parcel 35231.1416 desires to enter into this Agreement with the City to
reimburse the City for the installation of pavement patching related to the utility install, and any associated
delays with the Road Project; and
WHEREAS, the Owner has an interest in completing the utility installation as the City's pavement cut
policy prevents cutting into the asphalt for 3 years following completion of the Road Project; and
WHEREAS, the City and Owner agree that installation of utilities as part of the Road Project would benefit
the taxpayers and travelling public by limiting future road closures; and
WHEREAS, the City and Owner desire to enter into this Agreement to establish the mutually agreed terms
of repayment to accomplish the tasks set forth herein.
NOW, THEREFORE, the City and Owner agree as follows:
SECTION 1— Responsibilities of City.
1.1 The City shall incorporate the pavement patching associated with the installation of utilities into
the Road Project.
1.2 The City shall execute a Change Order with the Road Project contractor for the installation of the
additional pavement removal, base rock installation, and patching at the unit price bid for the Road project.
It is understood that all work pursuant to the Change Order for the Road Project is occurring in the right-
of-way;
1.3 The City shall administer the construction contract and provide construction management for the
Road Project;
1.4 The City shall make payments to the construction contractor in accordance with the contract terms,
so that work may proceed according to schedule;
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1.5 The City shall invoice the Owner for the installation of the pavement patching based on field
measured quantities following completion of the project.
SECTION 2 — Responsibilities of Owner.
2.1 The Owner shall designate a "responsible person," who shall represent the Owner's interest during
the construction of the pavement patching, and shall coordinate with the City without delaying construction.
2.2 The Owner shall complete all work within the existing roadway by August 201' 2023.
2.3 The Owner shall complete all backfilling with native material or crushed surfacing top course at
95% modified proctor density to the top of subgrade.
2.4 The Owner agrees to issue payments to the City pursuant to Section 4 of this Agreement.
2.5 The Owner shall obtain all necessary permits to perform its responsibilities under this agreement.
SECTION 3. Allocation of Costs.
3.1 The Owner agrees to reimburse the City for the actual square yardage of pavement removed and/or
replaced as a part of the Road Project affected by the Owner's utility installation. Estimates for the pavement
repairs based on an estimated width of 17' and length of 50' (dimensions from short plat SHP-2022-0007
Drawing 1), at the unit prices bid, total approximately $3,589. Any additional costs associated with change
orders and/or valid claims for the installation of the pavement patching shall be reviewed and approved by
the City prior to billing the Owner.
3.2 Any additional work due to changes solicited by the Owner, including change orders, quantity
overruns and underruns shall be billed to the Owner at the prices negotiated with the Road Project
contractor.
3.3 Any delays to the Road Project, caused by the Owner will be billed to the Owner at the prices
negotiated between the City and the Road Project contractor.
3.4 Any additional costs to widen the gravel shoulder to the south of the utility installation in order to
facilitate continued construction of the Road Project will be billed to the Owner at the prices negotiated
with the Road Project contractor.
SECTION 4. Payment.
4.1 The Owner shall reimburse the City amounts billed within 30 days following receipt of an invoice
from the City;
SECTION 5. 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
Fax: (509) 921-1008
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Attn: Marci Patterson
If to the Owner: Stan Moskalenko
Moskalenko Homes, Properties & Rentals, LLC
4720 S. Dandy Ct.
Spokane, WA 99224
SECTION 6. Ownership of Documents. All drawings, plans, specifications, and other related
documents prepared by Owner under this Agreement are and shall be the property of City, and may be
subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written,
graphic, mapped, photographic, or visual documents prepared by Owner under this Agreement shall, unless
otherwise provided, be deemed the property of City. City shall be permitted to retain these documents,
including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies
in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,
distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material
prepared under this Agreement, provided that Owner shall have no liability for the use of Owner's work
product outside of the scope of its intended purpose.
SECTION 7. Successors. This Agreement shall be binding on and inure to the benefit of the successors
and the assigns of the Parties.
SECTION 8. Indemnification and Hold Harmless. Owner shall, at its sole expense, defend,
indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions,
suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature
whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the fulfillment
of the obligations by Owner, Owner's agents, subcontractors, subconsultants, and employees to the fullest
extent permitted by law, subject only to the limitations provided below.
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Owner and the City, its officers,
officials, employees, and volunteers, the Owner's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the Owner's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes the Owner's waiver of immunity under Industrial
Insurance, Title 51, RCW, solely for the purpose 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.
SECTION 9. 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 9. Modifications. 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.
SECTION 10. Waiver. No officer, employee, agent, or otherwise of the City 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.
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SECTION 11. 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. Notwithstanding any provision of this Agreement, all future
development along and within the Road Project limits shall be subject to the then -applicable State and local
development laws.
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 12. 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 /S "day of
Ciur;�Sr .2023.
CITY OF SPOKANE VALLEY:
J hn Hohman, City Manager
ATTEST:
Marci ktterson, City Clerk
APPROVED AS TO FORM:
O ce of the City Attorney
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OWNER:
By: / Its: he
MOSKALE S, PROPERTIES & RENTALS, LLC
STATE OF WASHINGTON )
ss.
County of Spokane }
On this 16 day of �)1 -0 S1 , 2023, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn,_ personally appeared
S v A M to ei4M the �14 61 S'�f, " A 1
of ration that executed the foregoing instrument, and
acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto e d and year in this certificate above written.
in
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