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20-144.00 Spokane County: Barker Rd Widening 20 ILl Ll MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR THE BIDDING AND CONSTRUCTION OF THE BARKER ROAD SEWER EXTENSION, PHASE 2 SEWER PROJECT NO.231C IN CONJUNCTION WITH THE CITY OF SPOKANE VALLEY BARKER ROAD WIDENING PROJECT (CIP 0275) WHEREAS,the City of Spokane Valley(City)intends to construct the Barker Road Widening Project CIP No. 0275 (Road Project) in 2020 on Barker Road between Spokane River and the Euclid Avenue; and WHEREAS, Spokane County(the County) intends to construct a project known as the Barker Road Sewer Extension, Phase 2 Sewer Project No. 231C (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 2020. 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 Road Project. The Road Project and Sewer Project shall be collectively referred to as the"Contract Project." 1.2 The City shall have sole responsibility for awarding the Contract Project and may do so at its sole discretion. The City intends to award the Project contract to the bidder with the lowest combined responsible bid for the total base bid schedules as allowed by law. The City may reject all bids and rebid the Contract Project at its discretion. 1.3 The City shall have responsibility for and sole contractual control over the resultant construction contract and shall be 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 a,i uJ)d lL I out 8,I 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 provide personnel to carry out the City's responsibilities for necessary administration, inspection and material testing of construction management for the Road Project. 1.8 The City shall provide copies of all Source of Materials submittals for the Sewer Project to the County for its review and approval before use of the materials on the project. ARTICLE 2—RESPONSIBILITIES OF SPOKANE COUNTY 2.1. The plans and specifications for the construction of the Sewer Project shall be 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, 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 Inspectors and Material Testers to provide construction inspection services consistent with the Contract Provisions and Plans for the Sewer Project as outlined in Schedule D of the Contract Documents 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 be acceptable to the City prior to implementation. Any design changes or adjustments to the Contract Provisions and Plans for the Sewer Project shall be the sole responsibility of the County. 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 Page 2 of 3 with the Sewer Project. All additional costs associated with change orders and/or valid claims for the Sewer Project shall be 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 15% percent of the following costs included in the Road Project: SPCC Plan and Project Temporary Traffic Control. Per the bid prices received from DW on July 10, 2020, County's share of the SPCC Plan shall be ($600.00 x 0.15) = $90.00 and County's share of Temporary Traffic Control shall be ($135,000.00 x 0.15) = $20,250.00. 3.6. The County shall reimburse the City 15%percent of the City's construction management costs, excluding material testing and inspection. Based on the City of Spokane Valley's cost for construction management on the Barker Road Widening Project, Phase 1, the County's share of these costs is estimated to be$4,950.00. The Parties have executed this MOU this 6- day of (t,ST , 2020. CITY OF SPO NE VALLEY SPOKANE COUNTY je ,/,j,_ 4,,,,,, By: Mark Calhoun : Kevin . Co e, . City Manager Environmenta rvices Director AT" ' S 1 )%n /�z- ___ ET&---Cstine Bainbridge, City Clerk APPROVED AS TO FORM: Coy P Ty-N-Lit Office of the City Attorney Page 3 of 3