19-079.00 Spokane County: Barker Rd Widening Project R-o71
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE
VALLEY AND SPOKANE COUNTY
FOR THE BIDDING AND CONSTRUCTION OF THE BARKER ROAD SEWER
EXTENSION, PHASE 1 SEWER PROJECT NO. 222C IN CONJUNCTION WITH THE
BARKER ROAD RECONSTRUCTION PROJECT (CIP 0276)
WHEREAS,the City of Spokane Valley(City)intends to construct the Barker Road Widening
Project CIP No. 0276 (Road Project) in 2019 on Barker Road between Euclid Avenue and the
south limits of the Barker Road Grade Separation Project; and
WHEREAS, Spokane County(the County)intends to construct a project known as the Barker
Road Sewer Extension, Phase 1 Sewer Project No. 222C (Sewer Project) which is located within
the limits of the Road Project: and
WHEREAS, the City and the County agree that the installation of the Sewer Project in
conjunction with the Road Project would benefit the ratepayers, taxpayers and the travelling
public; and
WHEREAS, the City and the County desire to enter into this Memorandum of Understanding
(MOU) to establish the mutually agreed terms to accomplish the tasks set forth herein.
NOW, THEREFORE, the City and the County 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 2019. The County is preparing plans for the Sewer Project
together with technical specifications, and an associated schedule of bid items. The City shall
include the Sewer Project plans,technical specifications and bid schedule in the bid documents for
the Contract Project. The Road Project and Sewer Project shall be collectively referred to as the
"Contract Project "
1.2 The City shall award the Contract Project to the bidder with the lowest combined responsible
bid for the total base hid schedules.
1.3 The City shall have responsibility for and sole contractual control over the resultant
construction contract and shall he the administrator for the Contract Project.
1.4 The City shall be responsible for all aspects of the design, construction, and construction
management of the Road Project.
1.5 Upon public opening of the bid documents, the City shall promptly provide a copy of the bid
tabulation to the County.
Page 1 of 3 Last updated 4n7/19
1.6 The City shall make payments to the contractor in accordance with the contract terms, so that
work may proceed according to schedule.
1.7 The City shall utilize the County to provide Road Inspectors and Material Testers to carry out
the City's responsibilities for necessary inspection and testing aspects of construction management
for the Road Project. The City shall pay for the County Road Inspector and Material Tester
services solely for the services performed as part of the Road Project. The City shall pay for such
services 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$100,000.00.
a. No liability shall attach to the County by reason of providing Road Inspection
and Material Testing services,except for such liability arising out of the wrongful
or negligent acts, errors, or omissions in the services provided by the County.
ARTICLE 2—RESPONSIBILITIES OF SPOKANE COUNTY
2.1 The plans and specifications for the construction of the Sewer Project shall he prepared by the
County. The County shall coordinate with the City and take reasonable measures to ensure that the
Sewer Project plans are compatible with the scope of work contemplated under the Road Project.
The County shall deliver the plans and specifications to the City in a timely manner so as to avoid
delay of the bid for the Contract Project.
2 2 The County shall designate a "responsible person" who shall represent the County's interest
during the design and construction of the Sewer Project, and shall coordinate any modifications or
changes needed by the County in conjunction with the work.
2.3 The County shall be responsible for the inspection and testing of all work and materials which
are solely related to the construction of the Sewer Project. including compaction testing and soils
testing within the sewer trench area below the final subgrade elevation of the reconstructed road.
The County shall provide a representative to perform inspection duties relative to the construction
of the Sewer Project and Road Project, pursuant to Articles 1.7 and 2.4. The County's
representative shall provide pay quantities to the City for the preparation of pay estimates.
2.4 The County shall provide Road Inspectors and Material Testers to provide construction
inspection services consistent with the Contract Provisions and Plans for the Contract Project. The
County shall provide daily reports and pay notes on the Contract Project to the City for review and
approval. Any design changes or adjustments to the Contract Provisions and Plans for the Road
Project shall be the sole responsibility of the City.
2.5 Any modifications or changes to the Sewer Project shall be coordinated by the County and
shall he acceptable to the City prior to implementation.
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ARTICLE 3—ALLOCATION OF COSTS
3.1 The County's written notification to the City of its desire to proceed with the Sewer Project
shall establish a commitment to reimburse the City for those construction costs associated with the
Sewer Project. All additional costs associated with change orders and/or valid claims for the Sewer
Project shall he the responsibility of the County.
3.2 The City shall invoice the County monthly during construction for the amounts paid to the
contractor by the City for work on the Sewer Project. The City shall include the associated
contractor pay estimates as an attachment to the monthly invoices to the County.
3.3 Upon receipt of an invoice from the City, the County shall immediately review each invoice,
and shall bring to the City's attention any amount on an invoice that is unclear or questionable.
The County shall pay the City all unquestioned amounts within 30 days of the receipt of the
invoice.
3.4 The County shall reimburse the City for grading,paving and gravelling patchback costs outside
the City's proposed edge of shoulder caused by sewer work if applicable. Property restoration
required by side sewer installation is incidental to the cost of side sewer pipe and thus should not
require separate payment that would be reimbursable.
3.5. In addition to payment of direct costs associated with Sewer Project design and construction
as provided for in Article 3.2,the County shall reimburse the City 50 percent of the following costs
included in the Base Bid of the Contract Project: Mobilization, Construction Surveying, SPCC
Plan, Project Temporary Traffic Control, and Documentation Compliance.
The Parties have executed this MOU this /rI Gday of Cy , 2019.
CITY O�Fn SPOKANE
VALLEY SPOKANE COUNTY
1/�
By: Mark Calhoun : Kevin R. " oo,• P. .
City Manager // nvironmental Services Director
A EEST: 1 EvUsxicim_ 5
i°I
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
Page 3 of 3 Last updated 4/17/19
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