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21-054.00 Avista: Balfour Park Frontage Improvements 2�-05,.1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND AVISTA CORPORATION FOR PAVING REQUIRED FOR GAS LINE REPLACEMENT TO BE INCLUDED IN THE CITY OF SPOKANE VALLEY BALFOUR PARK FRONTAGE IMPROVEMENT, CAPITAL IMPROVEMENT PROJECT 0314 WHEREAS, the City of Spokane Valley (hereinafter the "City") intends to construct a road improvement project known as the Balfour Park Frontage Improvement,Capital Improvement Project 0314 (hereinafter the"Project"), including sections of Herald Rd, Main Ave, and Balfour Rd within the City's jurisdiction;and WHEREAS, Avista Corporation (hereinafter "Avista") owns and operates gas utilities within the City's rights-of-way and within the Project's limits:and WHEREAS,Avista has requested to replace a portion of its gas line within the Project's limits,Herald Road between Sprague and Main Avenue,prior to the completion of the Project;and WHEREAS,the City and Avista agree to include the replacement of the pavement section required for trench excavation (hereinafter the "Pavement Replacement") pursuant to the Inland Northwest Regional Pavement Cut Policy,effective January I,2021 (hereinafter the"Cut Policy")as a part of the City pavement preservation Project;and WHEREAS,Avista will pay for the Pavement Replacement 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 Avista as follows: ARTICLE I —RESPONSIBILITY OF AVISTA 1.I. Avista shall obtain all necessary permits to perform its responsibilities under Article 1. 1.2. Avista shall fund and complete all gas main replacements prior to the start date of the Project. 1.3. Avista shall comply with the Cut Policy and the City of Spokane Valley Street Standards(Street Standards). 1.4. Avista shall complete all backfilling with crushed surfacing top course to level with the existing pavement grade pursuant to the Street Standards. 1.5. Avista shall fund the costs associated with constructing Pavement Replacement based on the following: 1.5.1. Avista shall pay the costs for Pavement Replacement construction items quantified by unit increments (such as acre, cubic yard, day, ton, each, linear foot) based on the actual quantities installed in the Pavement Replacement and the City's contractor's unit costs for those items.Preliminary replacement areas are provided in EXHIBIT A.Items include,but may not be limited to the following: 1.5.1.1. Grading, per square yard. 1.5.1.2. HMA,per ton. Page 1 of 3 1.5.1.3. Roadway excavation including haul,per cubic yard I.5.2.Avista shall pay the costs incurred by the City associated with additional pavement removal if trench limits do not conform to the Cut Policy and modifications are required,as determined by the City. 1.6. Avista shall reimburse the City amounts billed within 45 days following receipt of the invoice from the City. ARTICLE 2—RESPONSIBILITIES OF THE CITY 2.1. City shall complete the Pavement Replacement above the gas main replacement between the Sprague Avenue and Main Avenue to construct the Project. 2.2. Incorporate the Pavement Replacement design, details, and specifications into the Project's construction contract. The('ity's roadway work hid items shall he listed as the Base Bid for the project, quantities which are Avista responsibility will be field measured based on the Cut Policy. 2.3. The City shall have sole responsibility fir 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 hid schedules as allowed by law. The City may reject all bids and rebid the Project at its discretion. 2.4. Provide field inspection and material testing of asphalt replacement fir the Pavement Replacement. 2.5. Provide construction management and control surveying lbr the Pavement Replacement. 2.6. Make monthly progress payments to the contractor. 2.7. Provide a monthly statement of progress payments made to the contractor li►r the Pavement Replacement,and a hill requesting reimbursement 11 r those costs to Avista. 2.8. Provide a report of final costs liar the Pavement Replacement to Avista 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 Avista shall continue in lull force and effect. ARTICLE 4—PROJECT&UTILITY WORK LIMITS The Project limits include the following street segment: Herald Road from Sprague Avenue to the north side of the intersection with Main Avenue, Main Avenue from Herald Road to the east side of the intersection with Balfour Road, Balfour Road from approximately 100ft north of Sprague Avenue to Main Avenue. Page 2 of 3 The Pavement Replacement limits include the trench excavation and Cut Policy limits on Herald Road from approximately 275 feet north of Sprague Avenue to approximately 100 fee north of the intersection with Maine Avenue. The Parties have executed this Memorandum of Understanding this Z "4 day of '4P,e i c_ , 20 2( CITY OF SPOKANE VALLEY: ark Calhoun.City Manager APPROVED AS TO FORM: (1 Office f the Ci, torney AVISTA CORPORATION: By: 4".....„_______, Date: /2( Printed Name: L.-ILA/4- e a c#,$•ciA«J Title: Geak2 fo c.e1✓1•Q,✓ Page 3 of 3 co • o W cc 1-- m O _ n Z 0 lLt o 0 X Z II } m <.9 I ill' LU V mw is m w w 3 U n W w 1~.•aZ n f N PA. i et . ii , , - _ _ _ _ _ 1 R/W --- , 1 / MAIN AVE i 30 > t R)4W g' 43 K Z,I % Ii. - •"' -Cr lX l n6iz i dw I P/L Y§� 8 I i D_ �T i 8 i —PA o "9 i 1 % 1 i $fig I —P� C_; -A�,- 7111 o. ,, "15` Im.I a ...gig o I3 i 4,I k 1i 9 I 1s- i 4 I • v .2 L Ct — 3 r (I I pr, i I cor so 8 co J 4. S I ,IWr J 6 J ___t l i ..et m a m 1 I I i 1 %g a z 0 z--- 3°uSa a z a Z -I I F w F w 0 Li cc cc �& — I m oa Za (7) 0 0 c� �I ( �� 0 ZW ZW ita,�i W 1-3 1-3 ---1 I — 1 U a cc a W ,_ _,_i — I 17 o C ��fl 1 I Z / oC�__ O r ' +— I W Oc o _i / c }}yy —R/W —2 — 1R/W • IL', o �k`. 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