25-104.00ConstructionServicesRemediationandRepairofApplewayTrailContract No. 25-104
AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND CONSTRUCTION
SERVICES FOR REMEDIATION AND REPAIR OF THE AP13LEWAY TRAIL AND
REIMBURSEMENT THEREFORE
This Agreement for remediation and reimbursement ("Agreement") is made and entered into by and
between the City of Spokane Valley, a municipal corporation of the State of Washington ("City"), and
Barnes Homes, Inc., doing business as Construction Services ("Construction Services"), a corporation,
having offices at 1612 South Williams Lane, Spokane, Washington 99224. The City and Construction
Services are collectively referred to as the Parties.
I. IZE CITALS
WHEREAS, pursuant to an interlocal agreement with Spokane County, the City is responsible for the
operation, maintenance, and landscaping of the multi -use trail commonly known as the Appleway Trail
("Appleway Trail") located within the City; and
WHEREAS, the City contracts with Senske Services for the maintenance and landscaping of the Appleway
Trail; and
WHEREAS, Construction Services is the General Contractor for a development project known as Union
Townhomes located at 202 South Union Road, Spokane Valley, Washington, Spokane County Assessor's
Parcel Number 45211.0901 ("Project"); and
WHEREAS, the Project abuts the southeastern portion of the Appleway Trail between South Bowdish Road
and South Union Road; and
WHEREAS, Consh action Services and/or its employees, agents, or subcontractors caused damage to the
Appleway Trail during construction of the Project; and
WHEREAS, such damage was caused by operating machinery and/or vehicles on and over the Appleway
Trail to access the Project; and
WHEREAS, the Appleway Trail is a City park facility; and
WHEREAS, motor vehicles are not allowed or otherwise authorized to be operated on the Appleway Trail;
and
WHEREAS, damaging park property and operating motor vehicles on park property or trails where it is not
expressly allowed are violations of the Spokane Valley Municipal Code; and
WHEREAS, Construction Services admits that it caused the damage described herein; and
WHEREAS, the City has documented the damage and identified appropriate remediation measures to
correct the damage; and
WHEREAS, and the Parties desire to enter into this Agreement to correct such damage and establish
mutually agreed terms of repayment to accomplish the remediation.
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NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the
sufficiency of which is acknowledged, the Parties agree as follows:
II. AGREEMENT
I. Purpose. The purpose of this Agreement is for the Parties to outline the terms and conditions by
which (a) the City will remediate and repair the damage to the Appleway Trail pursuant to its
responsibilities under its interlocal agreement with Spokane County; and (b) for Construction Services to
reimburse the City for such costs. A description of the damage caused by Construction Services and the
associated repair and remediation are more fully described in Exhibit A.
2. Responsibilities of City. The City will obtain a quote from Senske Services for the repair and
remediation work described in Exhibit A ("Work"). The City will provide a copy of the quote to
Construction Services prior to the commencement of the Work.
3. Responsibilities of Construction Services. Construction Services shall reimburse the City for the
cost of remediation and repair performed by Senske, which shall not exceed $7,000.
4. Payment. Upon completion of the Work, the City will remit payment directly to Senske Services.
The City shall provide Construction Services an invoice identifying the costs attributed to the Work. Within
30 days of receipt of said invoice, Construction Services shall issue payment to the City for the invoiced
costs.
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 sliall 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
Attn: John Bottelli, Parks & Recreation Director
If to Construction Services: Construction Services
1612 South Williams Lane
Spokane, WA 99224
Attn: Deacon Band
6. Dispute Procedure. Any dispute between the Parties shall be handled as follows: The initiating
Party shall send written notice to the other Party. Within 10 days of receipt of such written notice, the
receiving Party shall respond. If the response is not satisfactory according to the initiating Party, then the
initiating Party shall have 10 days from receipt ofsaid response to request a meeting between the respective
Parties to informally discuss the alleged dispute. The informal meeting shall occur within 30 days of receipt
of the request for the meeting. If the Parties cannot resolve the dispute through this informal process, then
either Party may initiate proceedings only within the Superior Court of Spokane County. This dispute
procedure shall be considered a condition precedent to fling all action in court.
7. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the
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assigns of the Parties.
8. Modification. 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.
9. Governing Law/Attorneys' Fees. This Agreement is made and entered into in the State of
Washington, and shall in all respects be interpreted, enforced and governed by and under the laws of the
State of Washington. In the event of any action between the Parties to enforce any of the terms of this
Agreement or any other agreement relating to or arising out of or pertaining to this Agreement, the
prevailing Party shall be entitled to recover all costs incurred in connection with such lawsuit or legal
proceeding, including, without limitation, reasonable attorneys' fees and costs.
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.
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. 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.
12. Severability. If any provision of this Agreement is found by a court or arbitral authority of
competent jurisdiction to be invalid, illegal, or unenforceable in any respect, or enforceable only if
modified, such finding shall not affect the validity of the remainder of this Agreement, which shall remain
in full force and effect and continue to be binding on the Parties.
13. Counterparts/Electi-onie Transmission. This Agreement may be executed in one or more
counterparts, any one of which shall be deemed to be the original even if the others are not produced.
Electronic transmission of any signed document shall be given the same force and effect as original
signatures.
14. Autbority. Both Parties to this Agreement represent and certify that they have fill 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 ZO lay of fib¢ v
12025.
CITY OF SPOKA.NE VALLEY:
JokfHohnlan, City Manager
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f
City Clerk
actr� c� k. Vqioo-AEA)
CONSTRUCTION SERVICES:
B
BARNES HOMES, INC d/b/a
CONSTRUCTION SERVICES
APPROVF,D AS O F
III&IP01-Loolz Loll
O Ic f the City orney
Its:
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this day of_(t�l� , 2025, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
NLCIA- lLQ S to me known to be the Qyy 5%dy-k�
of Barnes Homes, Inc. d/b/a Construction Services, the corporation 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 oil oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written,
a� w :�& tcL,
M NOTARY PUBLIC, in and for the State of Washington,
residing at J1 (LGCfYL
My commission expires: AJA6M 'b+- QA,
Comm No. Printed Name
te8146
OF
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EXHIBIT A
DAMAGE TO APPLEWAY TRAIL
REQUIRED REMEDIATION
Compaction of saturated soils
Mechanical decom action
Destruction of improved turf at crossing
Replace damaged area with sod
Rocks pulled from excavation littered on trail
Remove rocks, regrade adjacent to fence
Existing vegetation destroyed
Reseed with native grass mix
CYhihit A