19-021.00 Spokane County Water District 3: 2019 Pavement Preservation Projects 161-02-1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER
DISTRICT (SCWD) NO. 3 FOR THE PAVING OF ELIGIBLE SPOKANE VALLEY
STREET SEGMENTS FOR THE SCWD WATER SERVICE AREA 1-2 INTERTIE
PROJECT IN CONJUCTION WITH 2019 PAVEMENT PRESERVATION PROJECTS
WHEREAS, the CITY OF SPOKANE VALLEY (the CITY) has planned and budgeted for
pavement preservation projects in 2019 to take place throughout the City (the PRESERVATION
PROJECTS) funded by Spokane Valley Fund 311 — Pavement Preservation Fund. It is
anticipated that the site-specific schedule of PRESERVATION PROJECTS will be individually
advertised for each standalone project segment throughout the first half of 2019.
PRESERVATION PROJECTS work generally includes pavement preservation measures such
as pavement grinding, overlay, patching, and associated curb and sidewalk repairs or upgrades
as applicable; and
WHEREAS, as a part of its 2019 Construction Program, SPOKANE COUNTY WATER
DISTRICT NO. 3 (SCWD#3) a Washington State Water District, is constructing a project known
as the WSA 1-2 INTERTIE Project, hereinafter referred to as the WATER PROJECT, which
overlaps City street segments that are eligible for funding through City Fund 311; and
WHEREAS, SCWD#3 will coordinate with the CITY to incorporate full-width pavement
preservation measures on those eligible PRESERVATION PROJECT road segments that
overlap the WATER PROJECT; and
WHEREAS, SCWD#3 will increase the WATER PROJECT contract scope of work to fully
capture the City's PRESERVATION PROJECT scope of work; and
WHEREAS, the CITY and the SCWD#3 agree that paving of the eligible street segments
with City funds from Fund 311 and in conjunction with the WATER PROJECT would benefit the
ratepayers, taxpayers, and the traveling public;
NOW, THEREFORE, the CITY and the SCWD#3 do hereby agree as follows:
ARTICLE 1 —JOINT RESPONSIBILITIES
Plans and specifications for the WATER PROJECT will be prepared, bid, and awarded by
SCVVD#3 to the winning contractor (the CONTRACTOR) in early 2019. SCWD#3 and the CITY
will coordinate for inclusion into the contract documents as an Additive Schedule to the contract
scope. SCWD#3 will prepare the required contract documents for the Additive, which will
reference the WATER PROJECT specifications, which reference the 2018 Standard
Specifications for Road, Bridge, and Municipal Construction as published by the Washington
State Department of Transportation.
Included PRESERVATION PROJECT street segments include the following limits:
• Valleyway Avenue— Marguerite Road to Mullan Road.
• Farr Road—Appleway Boulevard to 8th Avenue.
• Woodruff Road —9th Avenue to 10th Avenue.
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At the time of bid and award, SCWD#3 will coordinate with the CITY to evaluate the Additive
bids received and seek CITY approval of Additive bids received prior to accepting said
Alternate.
ARTICLE 2— RESPONSIBILITY OF THE CITY
1. The CITY shall make payments to the SCWD#3 as reimbursement for the cost of engineering
work associated with the Additive scope of work. If the Additive work is accepted, the CITY shall
make payments to the SCWD#3 as reimbursement for the costs of the accepted Additive scope
of work in accordance with the contract terms, in order that work will proceed according to
schedule.
2. The CITY shall have full control over any Change Orders associated with the
PRESERVATION PROJECT Additive scope of work.
3. The CITY shall promptly respond to any SCWD#3 PRESERVATION PROJECT Additive
requests, in a time and manner fitting the nature of the request. In no event shall the City take
more than three calendar days to respond to a SCWD#3 PRESERVATION PROJECT Additive
request.
4. The CITY shall designate a "responsible person"who shall represent the City's interest during
the construction of the PRESERVATION PROJECT Additive.
5. The CITY shall be responsible for reimbursing SCWD#3 for costs directly associated with a
delay in the project caused by actions of the CITY.
ARTICLE 3—RESPONSIBILITIES OF SCWD#3
1. SCWD#3 shall be the administrator for the PRESERVATION PROJECT work and any
PRESERVATION PROJECT work shall be coordinated with CITY.
2. SCWD#3 shall be responsible for the inspection and testing of all work and materials involved
in the PRESERVATION PROJECT Additive, including HMA compaction testing and HMA
assurance testing in accordance with the 2018 Standard Specifications for Road, Bridge, and
Municipal Construction. SCWD#3 shall measure the necessary Additive pay items related to the
PRESERVATION PROJECT and include items in the pay estimate.A copy of the PRESERVATION
PROJECT full width HMA area field measurements shall be provided to CITY by the SCWD#3.
After the inspections and testing pass, SCWD#3 shall not be liable for any maintenance of the
roadways or for any construction defects in the PRESERVATION PROJECT. Notwithstanding
the foregoing, this provision shall not affect the CITY's right to pursue remedies for such
construction defects from the CONTRACTOR.
3. The plans and specifications for the construction of the PRESERVATION PROJECT shall be
prepared by SCWD#3 and provided to the CITY for review prior to advertising the project for
bid. SCWD#3 shall coordinate with the CITY and take reasonable measures to ensure that the
PRESERVATION PROJECT plans are compatible with the scope of work contemplated under
the City's PRESERVATION PROJECTS and is consistent with adopted City standards.
4. SCWD#3 shall designate a "responsible person" who shall represent SCWD#3's interest
during the construction of the WATER PROJECT and shall coordinate with the CITY on any
modifications or changes needed by SCWD#3 in conjunction with the work.
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5. SCWD#3 shall be responsible for the inspection and testing of all work and materials related
to the construction of all work, including compaction testing and soils testing within the project's
complete scope of work. SCWD#3 shall provide a representative to perform inspection duties
relative to the construction of the WATER PROJECT and PRESERVATION PROJECT, as
discussed above. SCWD#3's representative shall provide tabulations of the PRESERVATION
PROJECT Additive pay quantities to the CITY prior to SCWD#3 acceptance of all
PRESERVATION PROJECT Additive-related pay estimates. CITY shall respond to SCWD#3
regarding approval or disagreement with pay quantities within three calendar days of receipt.
ARTICLE 4—ALLOCATION OF COSTS
1. This Memorandum of Understanding, once fully executed, shall establish a commitment by
City to reimburse the SCWD#3 for all costs related to the PRESERVATION PROJECT Additive,
including all appropriate taxes.
2. SCWD#3 shall prepare monthly pay estimates for the WATER PROJECT with the
PRESERVATION PROJECT Additive work broken out as a separate schedule. The
PRESERVATION PROJECT Additive quantities shall be based upon the tabulations of pay
quantities as provided by SCWD#3 and coordinated with the CITY.
3. Prior to the signing of each pay estimate by SCWD#3 and the Contractor, SCWD#3 shall
coordinate with the CITY regarding those amounts to be paid to the contractor by SCWD#3 for
the work on the PRESERVATION PROJECT Additive scope of work.
4. SCWD#3 shall include copies of the signed pay estimates as attachments to the monthly
invoices to the CITY. The CITY shall pay SCWD#3, within 30 days of the receipt of the invoice,
for all engineering costs and construction costs due to the contractor in association with the
PRESERVATION PROJECT.
5. SCWD#3 shall obtain a permit from the CITY to perform work within the CITY'S right-of-way
for the contracted scope.
6. The CITY shall pay SCWD#3 $18,500 for engineering fees associated with preparation of
contract documents. SCWD#3 shall be paid for this service, regardless of the CITY's
acceptance or rejection of Additive bid results.
ARTICLE 5—DURATION
This Agreement 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 SCWD#3 or the CITY shall continue in full force and effect.
CITY OF SPOKANE VALLEY:
By: y 4► Ik_ C64Date: \Mg
City Manager
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APPROVED AS TO FORM:
By: Date: /•""/ ^1
Offic f the i ttorney
SCWD#3:
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By: �,� .� Date:
KeK''; illiquette
e-neral Manager, Spokane County Water District No. 3
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