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20-139.00 Consolidated Irrigation Dist 19: Barker Rd Widening Waterline Installation 20 (31 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND CONSOLIDATED IRRIGATION DISTRICT NO. 19 FOR WATERLINE INSTALLATION TO BE INCLUDED IN THE CITY OF SPOKANE VALLEY BARKER ROAD WIDENING CAPITAL IMPROVEMENT PROJECT 0275 WHEREAS, the City of Spokane Valley (hereinafter the "CITY") intends to construct a road improvement project known as the Barker Road Widening Capital Improvement Project 0275 (hereinafter the"PROJECT"),from Spokane River to Euclid Avenue within the CITY's jurisdiction;and WHEREAS,Consolidated Irrigation District No. 19(hereinafter the"DISTRICT")owns and operates water utilities within the Districts and 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,Jackson Avenue to Euclid Avenue, prior to the completion of the PROJECT;and WHEREAS,the CITY and DISTRICT agree to include the replacement of the water line(hereinafter the"WATER MAIN IMPROVEMENTS")as part of the PROJECT;and WHEREAS,DISTRICT will pay for the WATER MAIN IMPROVEMENTS 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. Review design plans, design details, and specifications for the WATER MAIN IMPROVEMENTS 1.2. Promptly review and approve all Source of Materials submittals regarding the WATER MAIN IMPROVEMENTS. 1.3. DISTRICT shall have the right to inspect the WATER MAIN IMPROVEMENTS with its representatives, employees, and inspectors to confirm that the WATER MAIN IMPROVEMENTS is in compliance with the terms of this Agreement. CITY shall allow the DISTRICT and its representatives,employees,and inspectors reasonable fulltime access to the worksite, so that the WATER MAIN IMPROVEMENTS may be inspected. DISTRICT shall not interrupt or disturb other work of the Project,except as necessary as part of such inspection. DISTRICT shall not direct the CITY's contractor; DISTRICT shall notify the CITY of any corrections to the construction of the WATER MAIN IMPROVEMENTS and the CITY shall direct the contractor,accordingly. 1.4. DISTRICT shall fund the costs associated with designing and constructing the WATER MAIN IMPROVEMENTS based on the following: 1.4.1. The DISTRICT shall pay for the CITY's costs for drafting and contract preparation of the WATER MAIN IMPROVEMENTS in the amount of such work, up to an amount not to exceed$5,000.00. Page 1 of 4 1.4.2. The DISTRICT shall pay the costs for WATER MAIN IMPROVEMENTS construction items quantified by unit increments(such as acre,cubic yard,day,each,linear foot)based upon the actual quantities installed in the WATER MAIN IMPROVEMENTS and CITY's contractor's unit costs for those items. 1.4.3. Costs for lump sum items directly related to constructing the WATER MAIN IMPROVEMENTS shall be prorated based on actual CITY's contractor's price for these items using the percentages below: Lump Sum Item DISTRICT SHARE Project temporary traffic control 8% SPCC Plan 8% 1.4.4. Any additional costs associated with change orders and/or valid claims for the WATER MAIN IMPROVEMENTS shall be reviewed by the DISTRICT before approval. 1.4.5. The DISTRICT shall pay all costs associated for the CITY's construction management and material testing on the WATER MAIN IMPROVEMENTS from Jackson Avenue to Euclid Avenue. The City will report any such costs incurred at time of installation of water main improvements for approval. 1.5. The DISTRICT shall reimburse the CITY amounts billed within 45 days following receipt of the invoice from the CITY. 1.6. Upon completion of the WATER MAIN IMPROVEMENTS by the contractor and a passed 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. CITY is responsible for relocating the DISTRICT's water main between the Spokane River and Jackson Avenue including valves at Jackson and Barker and any miscellaneous taps and services in between in order to construct the PROJECT. 2.2. Incorporate the DISTRICT design,details,and specifications into the PROJECT's construction contract. The CITY's roadway work bid items shall be listed as the Base Bid for the project. The WATER MAIN IMPROVEMENTS construction bid items shall be listed as a separate pay schedule within the contract documents. 2.3. Provide a copy of the plans and specifications for the construction project to the DISTRICT for the review and approval prior to advertisement of the project. 2.4. Upon public opening of the bid documents,the CITY shall promptly provide a copy of the bid tabulation to the DISTRICT. 2.5: The CITY shall have sole responsibility for awarding the construction contract for the 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 Project at its discretion. Page 2 of 4 2.6. Provide copies of all Source of Materials submittals for the WATER MAIN IMPROVEMENTS to the DISTRICT for its review and approval before use of the materials on the Project. 2.7. Provide field inspection and material testing of trench excavation and trench backfilling required for the WATER MAIN IMPROVEMENTS. 2.8. Provide construction management and control surveying for the WATER MAIN IMPROVEMENTS. 2.9. Make monthly progress payments to the contractor. City will provide draft progress payments to the DISCTRICT for their approval, prior to sending to Contractor. 1 2.10. Provide a monthly statement of progress payments made to the contractor for the WATER MAIN IMPROVEMENTS, and a bill requesting reimbursement for those costs to the DISTRICT. 2.11. Provide a report of final costs for the WATER MAIN IMPROVEMENTS to the DISTRICT following completion of the construction contract. The report shall include a breakdown of costs incurred by the CITY. ARTICLE 3—DURATION This 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. The Parties have executed this Memorandum of Understanding this ZZ7Tsday of Jut-y ,20Zc! CITY OF SPOKANE VALLEY: fretaark Calhoun,City Manager ATTEST: -_ Christine Bainbridge,City Clerk APPROVED AS TO FORM: Of of the ity Attorney CONSOLIDATED IRRIGATION DISTRICT NO.19: Page 3 of 4 B Date: 7 lo 4-0ZE) Primed Name: D. S Vk SI-Neff ro(-- Title: /2 s. ;c }' //tanagP/ Page 4 of 4 Issue Date:11/20/2020 Cert#:0000000391 CITIES INSURANCE ASSOCIATION OF WASHINGTON CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM OF COVERAGE(MOC)BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY,THE MOC MUST BE ENDORSED.IF SUBROGATION IS WAIVED,SUBJECT TO THE TERMS AND CONDITIONS OF THE MOC,CERTAIN COVERAGE MAY REQUIRE AN ENDORSEMENT.A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). PRODUCER COMPANIES AFFORDING COVERAGE Clear Risk Solutions GENERAL LIABILITY 451 Diamond Drive CIAW/Old Republic Specialty Insurance Underwriters Ephrata,WA 98823 AUTOMOBILE LIABILITY Phone:(509)754-2027 Fax:(509)754-3406 CIAW/Old Republic Specialty Insurance Underwriters COVERED MEMBER PROPERTY CIAW I Old Republic Specialty Insurance Underwriters et al. Consolidated Irrigation District#19 CRIME/PUBLIC EMPLOYEE DISHONESTY 120 North Greenacres Road CIAW/Old Republic Specialty Insurance Underwriters Spokane Valley,WA 99016 COVERAGES THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED MEMBER NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MOC DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH MOC. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE MOC NUMBER MOC EFF MOC EXP DESCRIPTION LIMITS DATE DATE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CIAW202134716 12/01/2020 12/01/2021 GENERAL AGGREGATE $20,000,000 OCCURRENCE FORM PRODUCT-CO MP/OP AGG $20,000,000 PERSONAL&ADV.INJURY $10,000,000 EACH OCCURRENCE $10,000,000 (LIABILITY IS SUBJECT TO A$100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO CIAW202134716 12/01/2020 12/01/2021 COMBINED SINGLE LIMIT $10,000,000 (LIABILITY IS SUBJECT TO A$100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE PROPERTY CIAW202134716 12/01/2020 12/01/2021 ALL RISK PER OCC EXCL EQ&FL $100,000,000 EARTHQUAKE PER OCC $15,000,000 FLOOD PER OCC(except FZAay.which is Excluded Si MM) (PROPERTY IS SUBJECT TO A$100,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL PROGRAM AGGREGATE NONE CRIME/PUBLIC EMPLOYEE DISHONESTY C1AW202134716 12/01/2020 12/01/2021 PER LOSS $1,000,000 (CRIME IS SUBJECT TO A$25,000 PROGRAM SIR) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Regarding street obstruction bond.City of Spokane Valley is named as Additional Covered Party regarding this bond only and is subject to coverage terms,conditions, and exclusions.Additional Covered Party endorsement is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MOC PROVISIONS. CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE City Clerk City of Spokane Valley 10210E Sprague Ave /L Spokane Valley,WA 99206 CIAW 2020-2021 Page 1 ADDITIONAL COVERED PARTY ENDORSEMENT THIS ENDORSEMENT MODIFIES COVERAGE PROVIDED UNDER THE FOLLOWING: GENERAL LIABILITY COVERAGE PART How coverage is changed: It is agreed that the interest of any Additional Covered Party is recognized as their interests may appear, providing the certificate of coverage that this is attached to has been issued and is on file with the Company. The Limits of Coverage applicable to the Additional Covered Party are those specified in either the: 1. Written contract or written agreement;or 2. Declarations for this MOC, whichever is less. These Limits of Coverage are inclusive and not in addition to the Limits of Coverage shown in the Declarations. All other terms and conditions remain unchanged. Additional Covered Party: City Clerk City of Spokane Valley 10210 E Sprague Ave Spokane Valley, WA 99206 Regarding street obstruction bond. City of Spokane Valley is named as Additional Covered Party regarding this bond only and is subject to coverage terms, conditions, and exclusions. Additional Covered Party endorsement is attached. CIAW 2020-2021 Page 2