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City of Vancouver, WA
Transportation Capital Transition Agreement between the city of Vancouver and Clark County

12/96

THIS AGREEMENT is entered into by and between the City of Vancouver, a municipal corporation of the State of Washington, (herein called the "CITY"), and Clark County, (herein call the "COUNTY").

WHEREAS, the CITY is planning to annex portions of the unincorporated area of the COUNTY primarily to the east of I-205, within the current urban area as shown in Exhibit "A" to the Master Interlocal Transition Agreement; and

WHEREAS, the annexation is scheduled to take place on or around January 1, 1997; and

WHEREAS, the COUNTY has developed a Six Year Transportation Improvement Plan that identifies numerous projects and has programmed them for construction; and

WHEREAS, the COUNTY has approved a number of developments and has begun the process of developing agreements with stake holders along the 162nd corridor; and

WHEREAS, the COUNTY has worked with the residents of this area to develop a plan that addresses future transportation needs; and

WHEREAS, the CITY and the COUNTY agree that a logical transition should take place that assures seamless completion of the transportation system that meets the needs of the community; and

WHEREAS, the CITY and the COUNTY have different financing mechanisms for funding the transportation systems located within their respective jurisdictions; and

WHEREAS, the CITY and the COUNTY agree to jointly develop and propose transportation funding alternatives that address the major transportation needs of the community.

NOW, THEREFORE, the CITY and COUNTY understand and agree as follows:

IT IS AGREED:

SECTION 1 - PROJECTS CURRENTLY IN PROGRESS

The COUNTY is nearing the adoption of the 1997 through 2002 Six Year Transportation Improvement Program. In addition to the projects proposed in this document are those currently in various stages of design, right-of-way and construction. The CITY and the COUNTY agree as follows:

The CITY will assume financial responsibility for the local share of all projects in the annexation area regardless of phase of completion after the date of annexation.

The COUNTY will continue until complete those projects that have been initiated by the COUNTY through design, right-of-way or construction.

SECTION 2 - PROJECT DESIGN and CONSTRUCTION

The COUNTY has developed a six year transportation improvement plan that identifies various project, funding strategies and implementation schedules. It is the intent of the CITY to adopt this program as defined by the COUNTY. To ensure that these projects are implemented within the parameters developed by the COUNTY, the CITY and COUNTY agree as follows:

1. The CITY may contract with the COUNTY for design, survey, right-of-way services, and construction and project management services. The scope of services will be defined, cost estimates for the proposed work developed and schedules agreed upon prior to beginning the work.

2. The COUNTY shall maintain accurate cost records for the services provided that include all direct, indirect and overhead costs. These costs will be billed to the CITY pursuant to the Finance and Administration Agreement attached as Exhibit "B" to the Master Interlocal Transition Agreement.

3. The CITY shall assign a staff engineer to oversee each project and be the specific contact for the CITY. The COUNTY will assign a project manager to manage the development and design of the project. The two staff persons shall cooperate collectively in the development of design concepts, beginning with the preliminary design process through the preparation of the design plans, specifications and estimates.

4. Projects that cannot be designed, using current COUNTY staffing levels, will be designed and/or managed by the CITY. The CITY reserves the right to contract with the COUNTY, design with in-house CITY staff or to use outside professional services on any or all elements of a design project.

5. The CITY reserves the right to modify, create and define design standards and parameters for projects or portions of projects with a local share provided by the CITY.

6. The COUNTY shall design each project under the supervision of a registered professional engineer, licensed as a civil engineer within the State of Washington. The engineer shall place his/her stamp on all plans and specifications.

7. The CITY agrees to fund the local share costs for all projects on the adopted 1997-2002 Six Year Transportation Improvement Program undertaken in the annexation area. This includes those projects designed, and constructed by the COUNTY under contract to the CITY or performed directly under the terms of this agreement. The COUNTY agrees to bill the CITY monthly for project costs, identified in paragraph 2 of this section, and the CITY agrees to pay the COUNTY for costs incurred within 30 days of receipt of such billing.

8. The terms and conditions outlined and adopted by the CITY and the COUNTY in the "Memorandum of Understanding, Inter-agency Personnel Transfers" are hereby made a part of and shall apply to this agreement.

SECTION 3 - TRANSPORTATION IMPACT FEES

In August of 1995 the CITY adopted traffic impact fees (TIF’s). Due to the intricacies of TIF program and the need to maintain continuity in the transportation system the CITY adopted the same subareas and fee structure of the COUNTY. The CITY and COUNTY agree as follows:

The "Coordinated Impact Fee Program" included in Appendix 1 to this Transportation Capital Transition Agreement is hereby made a part of this agreement. The COUNTY will transfer to the CITY all fund balances in the TIF districts wholly or partially annexed be the CITY. The CITY agrees to maintain accounting control on such districts and to report quarterly to the COUNTY on balances and expenditures. In those districts wholly within the CITY, the CITY shall make the sole determination on projects and funding. For those districts that are partially within the CITY and partially under COUNTY authority, The CITY and the COUNTY agree to establish a joint decision making process for project selection and prioritizing. The CITY and the COUNTY agree to fund the local share for projects within their own jurisdiction. For projects that fall within both jurisdictions, the CITY and the COUNTY agree to prorate the local share based upon a negotiated amount prior to the start of a project. The CITY and the COUNTY agree to honor TIF credits within the appropriate district that have been issued by each agency.

SECTION 4 - DEVELOPER AGREEMENTS

For the purpose of developing the roadway network, the COUNTY has negotiated and developed individual road improvement and financing agreements with various individuals. These agreements shall be assigned to the CITY. Where roadway projects exist that fall within one or more TIF districts and/or where such projects fall within the jurisdictions of both the CITY and the COUNTY, both agencies shall be a part of any and all negotiations. The CITY shall agree to be a signatory on all future agreements entered into by the COUNTY.

Appendix I - Coordinated Traffic Impact Fee Program Agreement