16-196.02 Spokane County: Euclid Reconstruction Flora to Barker SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY
Spokane Valley Contract#16-196.02
For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the City of
Spokane Valley(City)and Spokane County(County)mutually agree as follows:
1.Purpose:This Second Amendment is for the Memorandum of Understanding(MOU)for the construction
of the Euclid Avenue Reconstruction Project,CIP No. 0251 (Road Project), in conjunction with the Euclid
Avenue Trunk Sewer Project No.219C(Sewer Project), executed by and between the City and the County
on December 28, 2016, which was amended pursuant to the First Amendment March 1, 2017, and which
terminates upon completion of the Sewer Project and Road Project. Said MOU as amended shall be referred
to as the"First Amended MOU"and its terms are hereby incorporated by reference.
2. First Amended MOU Provisions: The Parties agree to continue to abide by those terms and conditions
of the First Amended MOU and any amendments thereto which are not specifically modified by this
Amendment.
3. Amendment Provisions: This Amendment is subject to the following amended provisions. All such
amended provisions are hereby incorporated by reference herein and shall control over any conflicting
provisions of the First Amended MOU, including any previous amendments thereto.
A new section is added to Article 1 —Responsibilities of the City:
1.7 The City shall pay the County to provide Road Inspectors and Material Testers to carry out
inspections and tests required as part of this MOU. The following conditions apply to-this
amendment:
a. The work will be performed on a time and materials basis, at rates established on the
attached rate sheet(Exhibit A).The County shall promptly in writing notify the City if
the actual cost of the work performed is anticipated to exceed the estimated cost of
$40,000.
b. The County will provide Road Inspectors and Material Testers to provide construction
inspection services consistent with the Contract Provisions and Plans for the project. The
County will provide daily reports and pay notes to the City for review and approval. Any
design changes or adjustments to the Contract Provisions and Plans will be the sole
responsibility of the City.
c. The County is working as an agent for the City,therefore no liability shall attach to the
County by reason of providing Road Inspection and Material Testing.
d. At any time,either Party may terminate this Agreement for any reason, upon a 30 day
written notice. If this MOU, including any addendum, is terminated prior to the
fulfillment of the terms of this MOU or addendum,the City agrees to reimburse the
COUNTY for the actual costs it has incurred for the work up to the date of termination,
1
as well as the costs for those products or services which were obligated prior to the date
of termination and are non-cancelable.
Any termination of this MOU or an addendum shall not prejudice any rights or
obligations accrued to the PARTIES prior to termination.
4. Amendment History: This is Amendment#2 of the First Amended MOU. The First Amendment
obligated the County to pay 50 percent of certain costs for the associated Sewer and Road Projects.
The parties have executed this Second Amendment to the MOU this 15 l day of May,2017.
CITY OF SPOKANE VALLEY: SPOKANE COUNTY:
Mkflkeal
Mark Calhoun :y: Kevin R Coo e,P.E.
City Manager Its: Env' • — al " i = Di ector
By:Chad W. oles,P.E.
Its: County Engineer
ATTEST: 'PROVE I AS TO FORM:
Christine Bainbridge,City Clerk Office of he City Attorney
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