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21-108.00 Avista Utilities: Mullan Rd Preservation LtIoS 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 MULLAN RD PRESERVATION PROJECT, CAPITAL IMPROVEMENT PROJECT 0292 WHEREAS, the City of Spokane Valley (hereinafter the "City") intends to construct a road improvement project known as the Mullan Road Preservation, Capital Improvement Project 0292 (hereinafter the"Project"),including sections of Mission Avenue 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, Mullan Road near Mission 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 1,2021 (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 1—RESPONSIBILITY OF AVISTA 1.1. Avista shall obtain all necessary permits to perform its responsibilities under Article 1. 1.2. Avista shall fund and complete all gas main replacements within the scheduled dates of the Project. 1.3. Avista shall comply with the Cut Policy and the City's 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. Pavement repair excavation including haul,per square yard 1.5.1.2. Hot mix asphalt patch,per square yard. 1.5.1.3. Hot mix asphalt overlay,per ton. Page 1 of 3 1.5.1.4. Crushed surfacing top course,8 inch Depth,per square yard 1.5.2.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 on Mullan Road near Mission Avenue to construct the Project. 2.2. Incorporate the Pavement Replacement 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, quantities which are Avista responsibility will be field measured based on the Cut Policy. 2.3. 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. 2.4. Provide field inspection and material testing of asphalt replacement for the Pavement Replacement. 2.5. Provide construction management and control surveying for 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 for the Pavement Replacement,and a bill requesting reimbursement for those costs to Avista. 2.8. Provide a report of final costs for 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 full force and effect. ARTICLE 4—PROJECT& UTILITY WORK LIMITS The Project limits include the following street segment: Mullan Road from Broadway Avenue to the north side of the intersection of Mission Avenue, and Mission Avenue from Argonne Road to 250 feet east of Mullan Road. The Pavement Replacement limits include the trench excavation and Cut Policy limits on Mullan Road from Mission Avenue to approximately 250 feet south of Mission Ave. Page 2 of 3 jThe Parties have executed this Memorandum of Understanding this z-� day of UK2 ,20 Z1 CITY OF SPOKANE VALLEY: 1 Mk. CALbt__-. Mark Calhoun,City Manager APPROVED AS TO FORM: Office o e Ci A ey AVISTA CORPORATION: By: Date: C—/ 7- Z/ Printed Name: etA i G Sue_yv 4) Title: Ge& .:we fwfies44.✓//ssf IrIAm1/13 r_ Page 3 of 3 W CJ Z N z J I� pO Oo —I - i-: w Q V Q Q = T J w ■1 l �• = cocexZ � ZN $.: m a � wawg 1- • co ill ) � a ? w w v 11111111111 — .M Per 0 13AV NOISSIW H __ I/ co — rZ sst I+ — po z I — — z>. O UGF l'3 0- 1 C2 i O 1121,14 a-- �,_-" G 0 • N alliM -lie - -- ,......g ::),II/ 1 1111 it 1 ill W I [- r III Ill x — II D /: , u_ i ;/ 111; II ' 71 to I IIa - 1I .A 1 = II III - I 1. 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