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17-026.01 Spokane County, Consolidated Irrigation: Euclid Reconstruction Project AMENDMENT 1 TO $ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY AND CONSOLIDATED IRRIGATION DISTRICT NO.19 FOR THE REPLACEMENT OF EXISTING WATERLINES IN CONJUNCTION WITH THE EUCLID AVENUE RECONSTRUCTION PROJECT,CIP NO. 0251 AND THE EUCLID AVENUE TRUNK SEWER PROJECT NO. 219C Spokane Valley Contract# 17026.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, the City of Spokane Valley(City)and Spokane County(County)and Consolidated Irrigation District 19(District 19) mutually agree as follows: 1. Purpose: This Amendment is for the Memorandum of Understanding (MOU) for the replacement of existing waterlines in conjunction with the Euclid Avenue Reconstruction Project, CIP No 251 (the Road Project) and the Euclid Avenue Trunk Sewer Project No. 219C (the Sewer Project), executed by and between the City, the County and District 19 on February 8,2017 and which terminates upon completion of the Road Project and Sewer Project. Said MOU shall be referred to as the"Original MOU"and its terms are hereby incorporated by reference. 2. Original MOU`Provisions: The Parties agree to continue to abide by those terms and conditions of the Original 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, which are either as follows,or attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original MOU, including any previous amendments thereto. A new section 2.5 is added to ARTICLE 2—RESPONSIBILITIES OF THE COUNTY A. The County shall replace an existing 16" AC waterline with 16" PVC C900 waterline and necessary appurtenances from Euclid Avenue and Barker Road Intersection going west approximately 1000' in Euclid Avenue as determined in the field and just beyond a proposed sewer/water crossing. Included with waterline shall be 1 —, 8"gate valve, 12"gate valve,2— 16"ROMAC dresser couplings, 16" butterfly valves,and necessary appurtenances as indicated on attached plans. The County shall remove the corresponding replaced 16"AC waterline at its cost. B. The County shall install approximately 560' of new 12"PVC C900 waterline from the Barker Road and Euclid Avenue Intersection east in the existing City right-of-way (north of the UPRR) to Centennial—Irrigation Pipe Crossing Detail which is attached here to. The 12"waterline shall be parallel to an existing 10"AC waterline. The 10"waterline shall be abandoned for this Project. District 19 shall provide,at no cost to the County,and delivered to the project site,the 12"diameter pipe for installation. 1 C. Upon completion of installation of the waterlines and appurtenances by the Sewer Project Contractor, the waterlines shall be inspected by District 19 and once approved, tested successfully and backfilled to the satisfaction of District 19,they shall be considered and conveyed to District 19,provided nevertheless,that the conveyance of the waterline and all related appurtenances are subject to a two-year warranty period. District 19 shall assume the maintenance of the new waterline and all related appurtenances,subject to a two-year project warranty. D. The County's engineer shall design the waterline system,however,any design will be subject to the approval of the District Manager and subject to inspection by the District engineer. The County's engineer will provide to the District as-built drawings. All as-built drawings shall be in a software computer program acceptable to the Districts Manager. E. The existing 10"waterline(line 3 on Consolidated irrigation maps)which is to be replaced with new 12"waterline,will be abandoned in place by District 19 and District 19 shall not be liable to County or City for any costs associated with the abandonment of the existing waterline in place. Should the existing 10" waterlines be removed by the Sewer project,the County shall be responsible to pay for that expense and releases District 19 from any obligation. The existing 16" AC waterline (line 6 on Consolidated irrigation maps), which is to be replaced with a new 16" water line, shall be removed at the cost of the County. District 19 shall not be liable for any costs associated with removal. F. The County shall not be entitled to any equalization payments, commonly referred to as "latecomer"payments. A new section 3.3 is added to ARTICLE 3 — RESPONSIBILITIES OF CONSOLIDATED IRRIGATION DISTRICT 19 A. District 19 shall: Install 6"cut in valve south of Dalton and on McKee street; Supply 12"PVC C900 pipe for installation east of 12"Tee approximately 560' east of the Barker-Euclid intersection; and assist Sewer Project Contractor with the following:16"tee cut in at Barker and Euclid,tie in to the west on the 16"waterline,tie in the existing 6"waterline at McKee and Euclid,tie in the new 12"to the existing 10"AC at Centennial—Irrigation Pipe Crossing, and tie in new 12"waterline to the existing 12" Ductile waterline running north on Barker. A new section 4.1.a is added to ARTICLE 4—ALLOCATION OF COSTS A. The County shall reimburse District 19 time and materials cost to install 6" cut in valve on McKee street, and assisting the Sewer Project Contractor with 16" Tee cut in, 16" waterline cut in, 12" waterline cut in on Barker, 6"water tie in on McKee and 12"to 10" water tie in on Euclid ROW East of Barker at Centennial — Irrigation Pipe Crossing. In no event shall the total reimbursement paid by the County directly to District 19,pursuant to this agreement,exceed$6,500,excepting the cost for installation of the new 16"and 12"waterlines. 4.Amendment History:This is Amendment#1 of the Original MOU. 2 f The parties have executed this Amendment to the Original Contract this l4 — day ofS • ,2017. CITY OF SPOKANE VALLEY: SPOKANE COUNTY: *k_ (VAS1.— . ?'" ' :,--#; .j.,' By: Mark Calhoun Kevin`, '.f 4• e P,E, City Manager Its: Envir• ental Services Director CONSOLIDATED IRRIGATION DISTRICT 19 By: Shane Shepard < Consolidated Irrigation District 19 Manager ATTEST: APPROVED AS TO FORM: 416 0 :401.-// hristine Bainbridge,City Clerk I .Of 00fthe Ci A rney 3