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17-171.01 Consolidated Irrigation Dist 19: Mission Ave Improvements i7 i 71 . o FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND CONSOLIDATED IRRIGATION DISTRICT 19 Spokane Valley Contract#17-171.1 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and. Consolidated Irrigation District 19 mutually agree as follows: 1. Purpose: This Amendment is for the Memorandum of Understanding (MOU) for the relocation of Hydrants and water meters and associated work in conjunction with the Mission Avenue Improvement Project, CIP 123 (Road Project) by and between the Parties, executed by the Parties on January 4,2018, and which terminates upon completion of the Road Project. Said contract shall be referred to as the "Original Contract"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. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. Revise Article 3.1 to read: This MOU.once fully executed,shall establish a commitment by the City to reimburse District 19 for the Water System Work on a time and materials basis,not to exceed$9,400. If unknown or unexpected costs are discovered during the work the Engineer may approve in writing the use of a 10%management reserve fund(MRF)equaling$940. The total MOU agreement is for a cost(including Nan ef$18,340. 4. Compensation Amendment History: This is Amendment # lof the Original MOU. The history of amendments to the compensation on the Original MOU and all amendments is as follows: Date Compensation Original Contract Amount January 4,2018 $8,360.00 Amendment#11 A' ,.s1,29,2018 $1,980.00 Total Amended Compensation J $10,340.00 The parties have executed this Amendment to the Original MOU this ZY ay of August,2018. Cl Y OF SPC {ANE ALLEY: CONSOLIDATED IRRIGATI• ` IPTSTRI '• Mark Calhoun By: Shane Shepard City Manager Its:CiD 19 Manager A jS 'PROV a TO FORM: Waal dA al% . 416,0 vimiristine Bainbridge,City Clerk Office oft e ' • Attorney • 1 a) L LL fO E U, OL X O a) _a O_ I- CDO a) N a `• ,_, 2 o O ' V) C C CO aa) Y_ C f0 3 = a v ca cn O CU N• Y CO ItiO -10L C aJ O '- in in 13 cO CD C N U c v L {n y .— V1 .1:3 Q (» a) a) D v Y om- + CO T CLY.. Vo ar E0 N 3 � co L CO +, Y - OS X f0 L C a) (13 co 45 cLO ate-+ O O 2 Co▪ o .c v a-+ Q C Q) CO 3 L W M `J 7 r-j O lV0 C O I1 i/} _ `� C N ,- 'L7 `� a) E c9 c f0 a▪ te•. O (0 L7 O ON O W E a) .Q E E X O • Nla) O O "Q w LQ • 9. 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U - P•, • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND CONSOLIDATED IRRIGATION DISTRICT NO. 19 FOR THE RELOCATION OF HYDRANTS AND WATER METERS,AND ASSOCIATED WORK IN CONJUNCTION WITH THE MISSION AVENUE IMPROVEMENT PROJECT(CIP 0123) COSV CONTRACT NO. 17-171 • WHEREAS,as a part of its Amended 2017 Transportation Improvement Program,the City of Spokane Valley(the City)intends to construct the Mission Avenue Improvement Project(the Road Project) in 2018. The work includes adding bike lanes,curb, sidewalk, landscaping and a piped storm water system on Mission Avenue between Flora Rd and Barker Rd;and WHEREAS, Consolidated Irrigation District 19 (District 19) has installed and is operating existing waterlines within the Road Project limits;and WHEREAS, the Road Project will require relocation of two existing hydrants and 1 t water meters,and associated work(Meter Box and Fire Hydrant Relocations);and WHEREAS,the City has prepared plans showing the proposed distance,direction and finish grade for each element of the Meter Box and Fire Hydrant Relocations;and WHEREAS, the District 19 has prepared estimates for the Water System Work based on information supplied by the City;and WHEREAS,the City and District 19 desire to enter into this Memorandum of Understanding (MOLD to establish the mutually agreed terms to accomplish the tasks set forth herein. NOW,THEREFORE,the City and District 19 do hereby agree as follows: ARTICLE 1--RESPONSIBILITIES OF THE CITY 1.1 Plans and specifications for the Road Project are being prepared by the City, and the City intends to construct the Road Project in 2018. The City has prepared plans showing the proposed distance,direction and finish grade for each element of the Water System Work. 1.2 The City has elected to accept the attached time and materials quote prepared by District 19 . for the Meter Box and Fire Hydrant Relocations not to exceed$7,600.00. 1.3 The City, upon awarding a contract for the Road Project, shall have full control over the resultant construction contract and shall be the administrator for the Road Project. The City shall assign a Project Engineer to be the"responsible person" who shall represent the City's interest during construction of the Road Project. Page 1 of 2 1.4 The City shall coordinate any modifications or changes to the Road Project that may impact the Meter Box and Fire Hydrant Relocations with District 19 prior to implementation. 1.5 The City shall pay District 19,within 30 days of the receipt of the invoice,for all construction costs approved by the Project Engineer for the Water Work. ARTICLE 2—RESPONSIBILITIES OF DISTRICT 19 2.1 District 19 shall designate a responsible person who shall represent District 19's interest during the construction of the Water System Work, and shall coordinate with the City designated Project Engineer regarding any modifications or changes needed by District 19 in conjunction with the Meter Box and Fire Hydrant Relocations. 2.2 District 19 shall be responsible for all materials, labor, equipment to install and test and complete the Meter Box and Fire Hydrant Relocations by May 1,2018. • 2.3 District 19 shall provide a monthly invoice for the Meter Box and Fire Hydrant Relocations to the City with the cost broken out in accordance with the attached District 19 Estimate. ARTICLE 3—ALLOCATION 01?COSTS 3.1 This MOU,once fully executed,shall establish a commitment by the City to reimburse District 19 for the Water System Work on a time and materials basis, not to exceed $7600.00. If unknown or unexpected costs are discovered during the work, the Engineer may approve in writing the use of a 10%management reserve fund(MRF)equaling$760.00. The Total MOU agreement is for a cost(including MRF)of$8,360.00. 3.2 VAS The Parties have executed this Agreement this 'f J day of . f1(41Q d �A Y , l CITY OF SPOKANE VALLEY CONSOLIDATED IRRIGATION DISTRICT 19: Cagt964A Mark Calhoun;City Manager By: Sla,e_ s4Efd Its: Authorized Representative ATTES APPROVED AS TO FORM: Vel. / 7DIfte44 ti Christine Bainbridge,City Clerk —.Qflice of a City Attorney. Page 2 of 2