14-038.00 Avista CorporationMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE
VALLEY AND AVISTA CORPORATION FOR THE INSTALLATION OF POWER
CONDUITS AS PART OF THE CONSTRUCTION OF THE SULLIVAN ROAD WEST
BRIDGE REPLACEMENT PROJECT
THIS MEMORANDUM OF UNDERSTANDING (MOU) is between the City of Spokane
Valley (the City) and Avista Corporation (Avista). The City and Avista are sometimes referred
to individually as a "Party" and collectively as the "Parties."
Background and Purpose. As part of its Transportation Improvement Program, the City
intends to construct the Sullivan Road West Bridge Replacement Project ( "Bridge Project ") over
the Spokane River, which includes removing the existing southbound Sullivan bridge ("SB
Bridge ") and constricting a wider bridge at the same location. The Bridge Project also includes
modifying the existing northbound Sullivan bridge ( "NB Bridge ") to provide for the re- routing
of utilities and the temporary diversion of traffic and pedestrians. The City anticipates opening
bids and beginning construction for the Bridge Project in 2014.
Avista currently has overhead power cables on the west side of the SB Bridge, which physically
interfere with the City's Bridge Project. Avista has agreed to relocate its cables across the
Spokane River in one six -inch diameter fiberglass conduit on the existing NB Bridge. To
accommodate the conduit, work to install trapeze hangers and drill holes through the concrete
pier caps was performed as part of the City's Sullivan Road Bridge Drain Retrofit Project (CIP
0150). A prior MOU between Avista and the City, executed on July 1, 2013 and amended on
October 9, 2013 defined responsibilities and allocated costs for the NB Bridge hanger and
drilling work.
The Parties have determined additional work to be conducted on the NB Bridge and SB Bridge
related to the conduit installation. For the NB Bridge, the Parties desire to provide for core
drilling of the NB Bridge end abutment walls, installation of additional hanger support bracing.
and installation of the fiberglass conduit and related appurtenances.
For the new SB Bridge, the Parties desire to provide for installation of two six -inch diameter
fiberglass conduits with associated support hangers and appurtenances on the SB Bridge as part
of the City's Bridge Project. The NB Bridge and SB Bridge conduit - related work is referred to
herein as the "Conduit Project ".
The purpose of this MOU is to define the responsibilities of the Parties and allocate the costs of
the Conduit Project, which include the design and construction of the conduit systems, between
the Parties.
NOW THEREFORE, the City and Avista do hereby agree as follows:
ARTICLE 1 — RESPONSIBILITIES OF THE CITY
The City or its consultants /contractors shall:
Page I of 7
C.Oi�1 -a ds
1.1 Develop the plans and specifications for the Bridge Project, including plans and
specifications for the Conduit Project.
1.2 Place bid items associated with construction of the Conduit Project in a separate bid
schedule ( "Schedule E - Utilities Bid Schedule ") for the following work on each bridge:
a. For the NB Bridge: core drilling for the abutment diaphragm walls and
furnishing and installing the conduit and associated appurtenances, including
excavation and backfill to 10 feet outside of the bridge abutments; and
b. For the SB Bridge: furnishing and installing conduit support assemblies; and
c. For the SB Bridge: furnishing and installing two 6-inch diameter fiberglass
conduits and associated appurtenances to 10 feet outside of the bridge abutments.
1.3 Review the Bridge Project bids and select the bidder with the lowest responsible bid
for the entire project.
1.4 Upon awarding a contract for the Bridge Project, be fully responsible for the
construction contract and be the administrator for the Bridge Project.
1.5 Provide and incorporate in the design for the construction of the SB Bridge the
following:
a. Circular blockouts at the pier diaphragm, intermediate diaphragm and
abutment diaphragm walls, as detailed on the City's approved Bridge Project
drawings and specifications; and
b. Design for power conduit hanger support system based on load information
provided by Avista's Representative; and
c. Specifications for Conduit Project materials and construction requirements.
1.6 Provide and incorporate in the design for the construction of the NB Bridge
modifications the following:
a. Circular core holes at the abutment diaphragm walls, as detailed on the City's
approved Bridge Project drawings and specifications; and
b. Design for power conduit hanger support system based on load information
provided by Avista's Representative; and
c. Specifications for Conduit Project materials and construction requirements.
1.7 Furnish and install two six -inch diameter fiberglass power conduits, associated
expansion couplings, and hanger supports under the SB Bridge continuously through the
abutments and 10 feet outside of both the north and south ends of the SB Bridge.
Fage 2 of 7
1.8 Provide core drilled holes in the NB Bridge abutment diaphragm walls; furnish and
install conduit support braces; and furnish and install one six -inch diameter fiberglass
power conduit and associated expansion couplings under the NB Bridge on existing support
hangers continuously through the abutments and 10 feet outside of both the north and south
ends of the NB Bridge along with related excavation and backfill.
1.4 Notify Avista when portions of the Bridge Project have been completed by its
contractor requisite for Avista to perform work described in Article 2. Such notice shall be
at least 14 consecutive calendar days prior to needing any work performed by Avista.
1.10 Ensure Avista has access to the NB Bridge and SB Bridge and approaches at
appropriate times to perform its responsibilities. The City shall provide Avista with
specific periods of time during the Bridge Project for Avista to perform work described in
Article 2 as follows:
a. Phases IA and IB — Thirty consecutive calendar days upon notification by the
City; and
b. Phase 3 — Thirty consecutive calendar days upon notification by the City; and
c. Phase 5 — Three consecutive calendar days upon notification by the City.
ARTICLE 2 — RESPONSIBILITIES OF AVISTA
Avista shall:
2.1 Provide the City with all conduit deadload, liveload and dimensional information
necessary to design the hanger support systems.
2.2 Upon notification from the City and within the time periods described in
Section 1.10, complete work as shown on the City's approved Bridge Project drawings and
in coordination with the Bridge Project construction phases as follows:
a. Phases IA and I B:
• Furnish and install five new power poles;
• Modify overhead power facilities south of the NB Bridge and SB Bridge;
• Furnish and install one six -inch buried power conduit and connections
with bridge - supported conduit within 10 feet of the north and south
abutments of the NB Bridge, including associated excavation, backfill,
pavement and sidewalk restoration and traffic control;
• Modify overhead power facilities north of the NB Bridge and furnish and
install power cables through the power conduits across the NB Bridge;
• Upon completion of installing the power cables on the NB Bridge,
remove the existing overhead power lines and facilities west of the SB
Bridge. and
• Furnish and install eight four -inch buried conduits south of NB Bridge
under easternmost lane of Sullivan Road.
Page 3 of 7
b. Phase 3:
• Furnish and install eight -foot by eight -foot vault between drainage swale
and proposed sidewalk area southwest of the SB Bridge;
• Furnish and install eight four -inch buried conduits extending east under
the southbound lanes of Sullivan Road from new vault;
• Furnish and install two six -inch buried conduits to connection with new
SB Bridge conduits IQ feet south of SB Bridge; and
• Furnish and install two six -inch buried conduits along west edge of
Sullivan Road north of SB Bridge to connection with new SB Bridge
conduits 10 feet north of SB Bridge.
c. Phase 5:
• Furnish and install eight four -inch buried conduits south of NB Bridge
under the Sullivan Road median and westernmost northbound lane, which
along with work performed in Phases 1A, 1B and 3 completes a buried
conduit system across Sullivan Road south of the two bridges.
2.3 Provide excavation, bedding, trench backfill, compaction, and related work in accordance with
the Standard Specifications, for Road, Bridge, and Municipal Construction, 2012 edition, as issued by
the Washington State Department of Transportation (WSDOT) and the American Public Works
Association (APWA) Washington State Chapter, (Standard Specifications). Compaction shall satisfy
the requirements of Section 7- 09.3(11) of the Standard Specifications.
2.4 Avista shall complete the work specified in Section 2.2 and provide notification of
such completion to the City within the allotted time periods shown in Section 1.10.
2.5 Be responsible for inspecting and testing of the work and materials described above.
Avista shall perform backfill compactions tests and submit test reports to City at least 24 hours prior
to placing asphalt pavement.
2.6 Obtain any necessary permits from the City to perform the work described
above which is located within the City's rights -of -way.
ARTICLE 3 — ALLOCATION OF COSTS
3.1 Avista shall, within 30 days of invoice from the City, compensate the City for costs
associated with the Conduit Project, including the cost of the consultant design, the Conduit
Project - related bid items in Schedule E - Utilities Bid Schedule, applicable mobilization and
sales tax, and associated change orders, if any, in an amount not to exceed $182,736.11 without
the prior written approval of Avista's representative. Avista shall compensate the City for costs
above $1 82,736.11 only with prior written approval of Avista's Representative, which approval
shall not be unreasonably withheld. Costs shall include the following distribution of Conduit
Project- related bid items:
a. One half of the NB Bridge abutment core drilling, support braces, excavation
and backlill costs; and
Page 4 of 7
b. All of the NB Bridge- supported six -inch fiberglass Avista conduit costs; and
c. One half of the SB Bridge conduit support system costs; and
d. All of the SB Bridge - supported six -inch fiberglass Avista conduit costs.
3.2 The probable cost of the Conduit Project shall be estimated by the City's consultant,
broken out by bid item, including applicable sales tax, consultant design cost, mobilization, and a
15% contingency. The mobilization and consultant design costs shall each be established as 10%
of the bid item value, excluding applicable sales tax and contingency.
3.3 The City and Avista acknowledge that the estimate of probable cost of the Conduit Project
is for planning purposes, and that the final cost shall be based upon final quantities, awarded unit
bid item prices, mobilization, and associated change orders, if any. Final mobilization cost shall be
calculated by multiplying the Conduit Project unit bid item prices by the actual percentage of
which the Bridge Project mobilization bid item amount represents of the total Bridge Project bid
amount. This section is subject to Section 3.1.
3.4 The City shall prepare monthly pay estimates for the Bridge Project. Avista shall have
two working days to review Conduit Project pay item quantities for each pay estimate prior to the
City presenting the estimate to the Contractor for invoicing purposes. The City shall be responsible
for notifying Avista if the costs are nearing the not to exceed amount set forth above in Section 3.1
and the procedures in Section 3.1 will govern any increase in costs.
3.5 Upon completion of the Bridge Project, the City shall tabulate all final costs associated
with the Conduit Project and send an invoice to Avista.
3.6 Avista shall provide all work in Article 2 at its own cost.
3.7 Any additional construction or modification beyond the scope set forth in the
Conduit Project, or costs or amounts other than those described above, shall be agreed to
in writing by the Parties prior to any additional work beginning.
ARTICLE 4 — DELAYS
If the City's contractor is delayed as a result of Avista not completing its responsibilities within
the timeframes set forth under Article 1, and such condition is in Avista or its contractor's direct
control, then Avista shall indemnify, defend and hold the City, its officers, officials, and
employees harmless from any and all claims, injuries, damages, losses or suits, including
attorneys' fees, to the extent arising out of or in connection with such delays, except for delays
and damages caused by the City or its contractor. This provision may not be waived by the
Parties except in writing.
Page 5 of 7
ARTICLE 5 — PERFORMANCE
5.1 The City or its contractor shall promptly and satisfactorily correct Conduit Project
work in Schedule E - Utilities Bid Schedule that Avista deems to be defective or not in
compliance with the City's approved Bridge Project drawings or specifications.
5.2 Unless otherwise specified in writing by both Parties, all materials used by the
Parties to perform their respective obligations under this MOU shall be new and in
accordance with the City's approved Bridge Project drawings and specifications.
ARTICLE 6 — DURATION; AMENDMENT
6.1 This MOU shall become effective upon signature by the last party to sign, and
remain in effect until all work has been performed. This MOU may only be terminated early
by written mutual agreement of the Parties.
6.2 This MOU may only be amended by written agreement of the Parties.
ARTICLE 7 — PARTY REPRESENTATIVES
7.1 For purposes of this Agreement, Avista's representative is Dan Knutson. Avista's
Representative shall represent Avista's interest during the construction of the Conduit
Project, and shall coordinate any modifications or changes needed by Avista in conjunction
with work.
7.2 For purposes of this Agreement, the City's representative is Jim Dingfield, the
Bridge Project Senior Engineer — Project Manager.
ARTICLE 8 — INDEMNIFICATION
8.1 The City shall indemnify and hold harmless Avista and its officers, agents, and
employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent or intentional act or
omission of the City, its officers, agents and employees, relating to or arising out of performance
of this MOU. In the event that any suit based upon such claim, action, loss, or damages is
brought against Arista, the City shall defend the same at its sole cost and expense; provided that
Avista reserves the right to participate in said suit; and if final judgment in said suit be rendered
against Avista, and its officers, agents, and employees, or jointly against Avista and the City and
their respective officers, agents, and employees, the City shall satisfy the same.
8.2 Avista shall indemnify and hold harmless the City and its officers, agents, and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent or intentional act or omission of Avista,
its officers, agents and employees, relating to or arising out of the performance of this MOU. In the
event that any suit based upon such claim, action, loss, or damages is brought against the City,
Avista shall defend the same at its sole cost and expense; provided that the City reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final
Page 6of7
judgment in said suit be rendered against the City, and its officers, agents, and employees, or jointly
against the City and Avista and their respective officers, agents, and employees, Avista shall satisfy
the same.
8.3 If the comparative negligence of the Parties and their officers and employees is a cause of
such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in
proportion to their relative degree of liability and the right of indemnity shall apply to such
proportion.
8.4 Where an officer or employee of a Party is acting under the direction and control of the
other Party, the Party directing and controlling the officer or employee in the activity and /or
omission giving rise to liability shall accept all liability for the other Party's officer or
employee's negligence.
8.5 Each Party's duty to indemnify shall survive the termination or expiration of the MOU.
8.6 The foregoing indemnity is specifically intended to constitute a waiver of each Party's
immunity under Washington's industrial Insurance Act, chapter 51 RCW, respecting the other
party only, and only to the extent necessary to provide the indemnified Party with a full and
complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them.
ARTICLE 9 — Integration
This MOU is the entire agreement between the Parties and supersedes all prior agreements
and understandings between the Parties concerning its subject matter, whether or not
written.
CITY OF SPOKANE VALLEY:
Bv:
•e Jack , City Manager
ristine Bainbridge, ity Clerk
Bv: (�,1
Date: .2014.
Date: -3/2
, 2014.
Offit of tUe[C"ity Attorney
AVISTA CORP /ORATION:
By: � °f� �' 4 I Date: ZIZ / , 2014.
Avista Corpor
I:ae7of7
Sullivan Road West Bridge Replacement
Avista Utilities MOU
Calculation of Probable Cost
Bid Item
Engineer's
Estimated
Quantity Units Unit Cost Subtotal
Consultant
Design (10%
Sales Tax Mobilization Contingency of Pretax
(8.7 %) (10 %) (15%) Subtotal) Total Cost
Avista Power
Apportioned
Percent Cost
NB Bridge Abutment Core
Drilling, Support Braces,
Excavation and Backfill 1 LS $ 15,400.00 $ 15,400.00 $ 1,339.80 $ 1,540.00 $ 2,310.00 $ 1,540.00 $ 22,129.80
NB Bridge- Supported 6 -inch
Fiberglass Avista Conduit 1 LS $ 28,925.00 $ 28,925.00 $ 2,516.48 $ 2,892.50 $ 4,338.75 $ 2,892.50 $ 41,565.23
NB Bridge - Supported 6 -inch
Fiberglass Communications
Conduit 1 LS $ 28,925.00 $ 28,925.00 $ 2,516.48 $ 2,892.50 $ 4,338.75 $ 2,892.50 $ 41,565.23
SB Bridge- Supported 8 -Inch Steel
Gas Main 1 LS $ 47,840.00 $ 36,715.00 $ 3,194.21 $ 3,671.50 $ 5,507.25 $ 3,671.50 $ 52,759.46
SB Bridge Conduit Support
System 1 LS $ 65,380.00 $ 65,380.00 $ 5,688.06 $ 6,538.00 $ 9,807.00 $ 6,538.00 $ 93,951.06
SB Bridge- Supported 6 -Inch
Fiberglass Avista Conduits 1 LS $ 57,850.00 $ 57,850.00 $ 5,032.95 $ 5,785.00 $ 8,677.50 $ 5,785.00 $ 83,130.45
SB Bridge- Supported 4 -Inch
Fiberglass Zayo Conduit 1 LS $ 22,250.00 $ 22,250.00 $ 1,935.75 $ 2,225.00 $ 3,337.50 $ 2,225.00 $ 31,973.25
SB Bridge - Supported 4 -Inch
Fiberglass Comcast Conduit 1 LS $ 22,250.00 $ 22,250.00 $ 1,935.75 $ 2,225.00 $ 3,337.50 $ 2,225.00 $ 31,973.25
$ 277,695.00 $ 24,159.47 $ 27,769.50 $ 41,654.25 $ 27,769.50 $ 399,047.72
50% $ 11,064.90
100% $ 41,565.23
0% $
0% $
50% $ 46,975.53
100% $ 83,130.45
0% $
0% $
$ 182,736.11