21-118.01 Spokane County: Sullivan Wellesley Intersection Project FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY
Spokane Valley Contract#21-118.01
For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,the
City of Spokane Valley(City)and Spokane County(County)mutually agree as follows:
1. Purpose: This Amendment is for the Memorandum of Understanding (MOU) for the
construction of the Sullivan&Wellesley Avenue Intersection Project, CIP No. 0249 (Intersection
Project), in conjunction with the Spokane County's Bigelow Gulch Phase 6 Project (Bigelow
Project),executed by and between the City and the County on July 12,2021,and which terminates
upon completion of the Bigelow Project and Intersection Project. Said MOU shall be referred to
as the"Original MOU"and its terms are hereby incorporated by reference.
2. Original MOU Provisions: The Parties agree to continue to abide by those terms and conditions
of the First Amended MOU and any amendments thereto which are not specifically modified by
this Amendment.
3. Amendment Provisions: This Amendment is subject to the following amended provisions. All
such amended provisions are hereby incorporated by reference herein and shall control over any
conflicting provisions of the Original MOU, including any previous amendments thereto.
Article 2.2 is replaced with the following:
The City shall be responsible for paying the cost for construction of an interim
intersection project,had it been constructed(including but not limited to design,right of
way,construction,and construction administration). The interim project would have
included two lanes on Sullivan Road north of Wellesley Avenue terminating a short
distance north of the intersection, four lanes on Sullivan Road south of Wellesley
Avenue,three lanes on Wellesley Avenue within the existing pavement footprint
(pavement widening would not have been required), a signal and a shared use path on
Sullivan Road south of the intersection. The limits of an interim project as it would have
been constructed are shown in Exhibit A. The City shall be responsible for 48 percent of
the Bid Items and quantities shown in Group 2 pursuant to the Summary of Quantities
plan sheet from Addendum 3, incorporated as Exhibit E. Overages and change orders
shall be established pursuant to Article 2.3 of the Memorandum of Understanding.
Article 2.5 is supplemented with: except as designated in Article 3.15
The following new sections are added to Article 2 RESPONSIBILITIES OF THE CITY
OF SPOKANE VALLEY,as follows:
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2.6 The City shall designate a"responsible person"who shall represent the City's interest
during the design and construction of the Project, and shall coordinate any modifications
or changes needed by the City in conjunction with the work.
2.7 The City shall be responsible for 12% of Construction Engineering costs for the
Road Project (Bigelow and Intersection Projects)to carry out inspections and test
required as part of this MOU, on a time and materials basis,at rates established on the
attached rate sheet(Exhibit A),up to a maximum cost of$100,000.00. Invoices for
reimbursement shall include documentation of work, location and dates of work, labor
and equipment hours.
2.8 The City shall invoice the County up to a maximum cost of$75,000.00, for all
examination, inspection, and approval of Grantee's work within city limits,that is not
part of the interim project per the Temporary Construction Easement, executed on
September 8, 2021. Invoices for reimbursement shall include documentation of work,
location of work, labor and equipment hours.
2.9 The City shall perform reviews of any or all project and construction documentation
on an intermittent basis. The City shall notify the County of any observed compliance
issues that could result in a project audit finding.
Article 3.2 is replaced with the following:
3.2 The County shall be responsible for the additional, actual cost to improve the
intersection from an interim intersection project to the full intersection configuration,
currently estimated as 52% of the Bid Items in Group 2 as per the Summary of
Quantities plan sheet from Addendum 3 (Exhibit E). Actual costs and the County's
financial responsibilities will be determined at project closeout.
A new section is added to Article 3 —SPOKANE COUNTY
3.7 The County shall have contractual control over the resultant construction contract and
shall be the administrator for the combined project.
3.8 The County shall be responsible for inspection for all aspects of the design,
construction, and construction management of the Road Project.
3.9 The County shall make payments to the contractor in accordance with the contract
terms, so that work may proceed according to schedule.
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3.10 The County shall be responsible for 88% of the cost of Construction Engineering
costs for the Road Project(Bigelow and Intersection Projects)to carry out inspections and
test required as part of this MOU.
3.11 The County shall incorporate into the contract documents any changes to the tunnel
structure requested by the City necessitated by changed conditions and/or for the safety of
the public. Spokane County shall be responsible for any cost implications resulting from
the changes.
3.12 The County shall issue payment timely to the contractor in compliance with prompt
pay provisions.
3.13 The County shall maintain one set of plans as the official "as-built" set. Once final
acceptance of the Contract has occurred, Spokane County will submit an electronic set of as-
built plans to the City no later than 180 days after Final Acceptance.
3.14 The County will prepare the permanent final construction documentation in general
conformance with Section 10-3.1A(1)of the WSDOT Construction Manual.
3.15 The County shall be responsible for the routine maintenance of Sullivan Road from
Wellesley Avenue (north curb return)going north to the City boundary in perpetuity.
Routine maintenance includes but it is not limited to dust control,street sweeping, snow
removal, deicing and cleaning and vactoring stormwater facilities. Dust control and street
sweeping operations shall be conducted in the spring and fall or more frequently as
requested by the City. Winter operations shall be conducted as needed and in accordance
with City's adopted level of service. Stormwater facilities shall be cleaned and vactored
every two years,or more frequently when requested by the City. The County shall
provide records of maintenance to ensure the City' Stormwater program remains
compliant with UIC and NPDES permit requirements.A separate MOU will be drafted
and executed between the City and County to cover the maintenance of the facilities
described. The expiration of this MOU does not alleviate the maintenance
responsibilities to be developed in the new MOU.
3.16 The County shall allow the City to perform reviews of any or all project and
construction documentation at the City's request.
The following articles are added:
Article 4—CHANGE ORDERS
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4.1 Changes to the Project Contract will be documented by change order in accordance
with the 2021 Washington State Department of Transportation Standard Specifications.
4.2 The County will advise the City of any proposed required changes affecting the
Project as soon as possible and provide an opportunity, if time permits, to review the
change before implementation. The County will determine the length of the review time
based upon the need to expedite the change to avoid delay to the Contractor.
4.3 The County shall submit proposed change orders affecting the Intersection Project to
the City for review and approval prior to the issuance of a change order to the Contractor.
The County has the right to issue change orders necessary to preserve public safety
without first obtaining City approval. The County agrees that the City will need to obtain
approval from City Council if the cumulative change orders for the intersection project
exceed$350,000.
4.4 The City shall be responsible for providing revised plan sheets, specifications,
quantities, updated design information,and staking information, as necessary for change
orders that impact the Intersection Project.
Article 5 FINAL INSPECTION AND PROJECT ACCEPTANCE
5.1 Punch List: The County shall notify the City in writing of Substantial Completion
within five working days of said completion. Spokane County shall prepare the punch list
and oversee the Contractor's corrections for the entire project. The County shall include
the City in a walk-through to assist Spokane County in compiling punch list items that
are within the City limits.
5.2 Project Acceptance: After Physical Completion, the City will provide Spokane
County with a Letter of Acceptance of the Project, after the following items have been
completed:
a. Satisfactory completion of the Project and all the County's Agreement
obligations;
b. Final inspection of the Project.
c. Submittal by the County to the City of a complete set of as-built plans acceptable
to the City and final record documentation for the Project; and
d. Submittal of the final Project Record of Materials (ROM) and all supporting
materials documentation by the County.
Amendment History: This is Amendment#1 of the Original MOU.
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The parties have executed this First Amendment to the MOU this /( day of 4/0/1.
20,}a- 0
CITY OF SPOKANE VALLEY: SPO N CQUNTY:
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John Hohman att Za or, P.E.
City Manager Cou Engineer
ATT S :^ APPROVED AS TO FORM:
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