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18-061.00 Hutchinson Irrigation District: Broadway Argonne Mullan Intersection (8-oCc' 1 sic MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND HUTCHINSON IRRIGATION DISTRICT NO. 16 FOR WATERLINE INSTALLATION TO BE INCLUDED IN THE BROADWAY AT ARGONNE/MULLAN PCC INTERSECTION PROJECT WHEREAS, the City of Spokane Valley (hereinafter the "CITY") intends to construct a road improvement project known as the Broadway at Argonne/Mullan PCC Intersection Project #0142 (hereinafter the"PROJECT"),within the CITY's jurisdiction; and; WHEREAS, Hutchinson Irrigation District No. 16 (hereinafter the "DISTRICT") owns and operates water utilities within the CITY's rights-of-way and within the PROJECT's limits; and; WHEREAS, DISTRICT has requested to replace a portion of its water line within the PROJECT's limits,prior to the completion of the PROJECT; and WHEREAS,the CITY and DISTRICT agree to include the replacement of the water line(hereinafter the"UTILITY WORK") as part of the PROJECT; and; WHEREAS,DISTRICT is willing to pay for the UTILITY WORK as described herein; and NOW, THEREFORE, in consideration of the terms and conditions set forth herein, it is agreed among and between the CITY and DISTRICT as follows: ARTICLE 1—RESPONSIBILITY OF THE DISTRICT 1.1. Provide design plans,design details and specifications for the UTILTIY WORK. 1.2. Review construction bids provided by the CITY and provide written notice of approval or disapproval of the UTILITY WORK bids to the CITY before the award of a construction contract. Written notice shall be provided to the CITY no later than five business days following opening of bids. 1.3. Review and approve all Source of Materials submittals regarding the UTILITY WORK. 1.4. DISTRICT shall have the right to inspect the Work with its representatives, employees, and inspectors to confirm that the Work is in compliance with the terms of this Agreement. CITY shall allow the DISTRICT and their representatives, employees, and inspectors reasonably full time access to the Work site. DISTRICT shall not direct the CITY's contractor; DISTRICT shall notify the CITY of any corrections to the construction of the UTILITY WORK and the CITY shall direct the contractor, accordingly. 1.5. DISTRICT shall fund the costs associated with constructing the UTILITY WORK based on the following: 1.5.1. The costs for UTILITY WORK construction items quantified by unit increments (such as acre, cubic yard, day, each, linear foot) shall be based upon the actual quantities installed in the UTILITY WORK and actual CITY's contractor's unit costs for those items. Page 1 of 3 •,a. 1.5.2. Costs for lump sum items directly related to constructing the UTILITY WORK shall be prorated based on actual CITY's contractor's price for these items using the percentages below: Item DISTRICT SHARE Mobilization 3% Construction surveying 3% Project temporary traffic control 3% Traffic control supervisor 3% 1.5.3. Any additional costs for UTILITY WORK construction items quantified by unit increments (such as acre, cubic yard, day, each, linear foot) shall be based upon the additional quantities to construct the UTILITY WORK and actual CITY's contractor's unit costs for those items. 1.5.4. Costs for the CITY's construction management and material testing for the UTILITY WORK shall be prorated based on 10% of the total costs in items 1.5.1, 1.5.2 and 1.5.3 above. 1.6. DISTRICT shall reimburse the CITY amount billed within 45 days following receipt of the invoice from the CITY. 1.7. Upon completion of the UTILITY WORK by the contractor and final inspection by the DISTRICT, the DISTRICT shall provide the CITY with written acceptance of the UTILTIY WORK prior to paving of the roadway. ARTICLE 2—RESPONSIBILITIES OF THE CITY 2.1. Incorporate the DISTRICT design, details, and specifications into the PROJECT'S construction contract. The UTILITY WORK construction bid items shall be listed under a separate pay schedule within the contract documents. 2.2. Provide a copy of the 90% plans and specifications for the construction project to the DISTRICT for the review and approval prior to advertisement of the project. 2.3. Provide copies of all Source of Materials submittals for the UTILITY WORK to the DISTRICT for its review and approval before use of the materials on the project. 2.4. Provide field inspection and material testing of trench excavation, trench backfilling, and pavement repair required for the UTILITY WORK. 2.5. Provide construction management and control surveying for the UTILITY WORK. 2.6. Make progress payments to the contractor. 2.7. Provide a monthly statement of progress payments made to the Contractor for the UTILITY WORK, and a bill requesting reimbursement for those costs to the DISTRICT. 2.8. Provide a report of final costs for the UTILITY WORK to the DISTRICT following completion of the construction contract. The report shall include a breakdown of costs incurred by the CITY. Page 2 of 3 ARTICLE 3—DURATION The Memorandum of Understanding shall terminate upon the completion of the construction project provided for hereunder and completion of payments under the prevailing wage laws, provided that any warranties from the contractor to the CITY or DISTRICT shall continue in full force and effect. CITY OF SPOKANE VALLEY: By: CDate: 3/301)6 City Manager APPROVED A • FORM: By: Cl'(R\j "j-4.441( Date: • ' e' Office f the CI orney HUTCHINSON IRRIGATION DISTRICT NO. 16: B Date: ,//P2 / re Page 3 of 3 v$-ocoi 1 INSURED/PARTICIPANT: MEMORANDUM#:2019-00-068 : Hutchinson Irrigation District#16 II it PO Box 13028 EFFECTIVE:September 1,2018 through August 31,2019 Spokane,WA 99213 moo to certify Mat the Memorandumof Coveragehas been issued to the I .I Insured/Ponmmantfor the period indicated CERTIFICATE HOLDER: City of Spokane Valley 10210E Sprague Avenue Spokane Valley,WA 99206 l The Evidence of Coverage does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate , holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon i COVERAGE: PER OCCURRENCE AGGREGATE L — LIMIT LIMIT - COMPREHENSIVEGENERALLIABILITY $1,000,000 $2,000,000 Professional Liability $1,000,000 $2,000,000 ' Personal Liability $1,000,000 $2,000,000 Products-Complete Operation $1,000,000 $2,000,000 1. AUTO LIABILITY N/A N/A : Combined Single Limit;Hired and Non-Owned,Temporary Substitute N/A N/A CRIME BLANKET COVERAGE WITH FAITHFUL PERFORMANCE OF DUTY N/A N/A Per Occurrence Aggregate N/A N/A :1 PROPERTY/MO81LE EQUIPMENT/BOILER AND MACHINERY ii Property N/A N/A 14.. Mobile Equipment f AUTOMOBILE PHYSICAL DAMAGE N/A N/A it OTHER COVERAGE: N/A N/A N/A ii ! CANCELLATION: I: Should any of the above described coverage be cancelled before the expiration date of thereof Notice will be delivered in accordance with the provisions of the MOC MEMO: 1 Evidence of Member Coverage .i " I - _- - - - - - - - - - - . 4 Author ed Representative i July 29,2019 i ' endues. '. roto?'erh;ol b Hr ,nude iuo :Pr Lmrv;'.rr chintun 94!a1 RI i`,o,l)dz$oaui I ncl F:..,ey,ur.tit2-,i413 lar (5491'32-1575