22-066.00 Spokane County: Buckeye Sewer Extension Project 22 _ 0232
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY
AND SPOKANE COUNTY
FOR THE BIDDING AND CONSTRUCTION OF THE BUCKEYE AVENUE SEWER
EXTENSION PROJECT
WHEREAS, the City of Spokane Valley (City) has partnered with Spokane County (County) to
construct sewer improvements on Buckeye Avenue from McMillan Road to the City Limits; and
WHEREAS, the City included the sewer project named the Buckeye Avenue Sewer Extension
Project No. 343 in the City's 2022-2027 Transportation Improvement Plan; and
WHEREAS,the County refers to the same sewer project as the Buckeye Avenue Sewer Extension
Project No. 234C; and
WHEREAS,the City and the County agree that the installation of the sewer project would benefit
the ratepayers and taxpayers; 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; and
NOW,THEREFORE,the City and the County do hereby agree as follows:
ARTICLE 1—RESPONSIBILITIES OF THE CITY
1.1 The City shall design the roadway reconstruction portion of the sewer project. The City will
prepare the final plans and specifications needed for the roadway reconstruction, which include
survey, erosion control, removal and demolition, grading, paving, signing and traffic control
plans.
1.2 The City will include the sewer improvement plans,specifications and bid schedule,completed
by the County, into the bid documents for the complete sewer project.
1.3 The City intends to construct the sewer project in 2022.
1.4 The City shall award the sewer project to the bidder with the lowest bid.
1.5 The City shall have responsibility for and sole contractual control over the resultant
construction contract and shall be the administrator for the sewer project.
1.6 The City shall be responsible for all aspects of the construction,and construction management
of the sewer project.
1.7 The City shall provide personnel to carry out the City's responsibilities for necessary
administration,inspection and material testing of construction management of the entire sewer
project.
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1.8 The City shall hire a qualified consulting firm to provide the construction management and
inspection duties. The consultant firm shall be required to have past experiences in providing
construction management and inspection on other County sewer projects. As such, the City
shall provide continuous inspection during all times that pipe laying is underway for both
mainline and side sewer. The City shall provide the County with field markups of the
construction drawings, stub reports (U16's), mainline testing results, manhole testing results,
pre-pave results, post-pave video results and post-pave certification that required
improvements were completed, record drawings and certification that the sewer project was
constructed per the approved for construction sewer plans. The County will accept ownership
of the sewer following completion of these certification items.
1.9 The City shall make payments to the contractor in accordance with the contract terms, so that
work may proceed according to schedule.
1.10 The City shall provide copies of all Source of Materials submittals for the sewer related work
to the County for its review and approval before use of the materials on the project.
1.11 The CITY agrees to protect, defend, indemnify, and hold harmless the COUNTY its officers,
officials, employees, and agents while acting within the scope of their employment as such,
from any and all costs, claims,judgments and/or awards of damages (both to persons and/or
property).The CITY will not be required to indemnify,defend,or save harmless the COUNTY
if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is
caused by the sole negligence of the COUNTY. Where such claims, suits, or actions result
from the concurrent negligence of both Parties,the indemnity provisions provided herein shall
be valid and enforceable only to the extent of each Parry's own negligence.
ARTICLE 2—RESPONSIBILITIES OF SPOKANE COUNTY
2.1. The plans and specifications for the construction of the sewer related work shall be prepared
by the County. The County shall coordinate with the City and take reasonable measures to
ensure that the sewer plans are compatible with the scope of work contemplated by the City.
The County shall deliver the plans and specifications to the City in a timely manner to avoid
delay of the bid for the complete sewer project.
2.2. The County shall designate a"responsible person" who shall represent the County's interest
during the construction of the sewer project and shall coordinate any modifications to the
approved for construction plans or changes needed by the County in conjunction with the
work.
2.3. Any modifications or changes to the sewer project shall be coordinated by the County and
shall be acceptable to the City prior to implementation.
2.4. The COUNTY shall protect, defend, indemnify, and hold harmless the CITY , its officers,
officials, employees, and agents while acting within the scope of their employment as such,
from any and all costs, claims,judgments, and/or awards of damages (both to persons and/or
property)The COUNTY will not be required to indemnify,defend,or save harmless the CITY
if the claim,suit,or action for injuries, death, or damages(both to persons and/or property)is
caused by the sole negligence of the CITY. Where such claims, suits, or actions result from
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the concurrent negligence of both Parties, the indemnity provisions provided herein shall be
valid and enforceable only to the extent of each Party's own negligence.
ARTICLE 3—ALLOCATION OF COSTS
The City is responsible for all costs associated with the design and preparing the final plans and
specifications for the roadway reconstruction portion of the sewer project.
3.2. The County is responsible for all costs associated with the design and preparing the final
construction plans and specifications for the sewer improvement portion of the sewer project.
3.3. The City is responsible for all construction cost and construction management for the entire
sewer project, including both the roadway reconstruction and sewer improvements.
3.4. The County is responsible for all costs associated with any County personnel assigned to the
project to oversee and coordinate with the sewer project.
The Parties have executed this MOU thisday // of ' 4t a4C , 2022.
CITY OF SPOKANE VALLEY SPOKANE COUNT
B : John Hohman, PE By: Chad Coles,P.E. 4/13(ZZ
City Manager Public Works Director
ATTES
6ai,,,i-
hristine Bainbridge, City Clerk
APPROVED AS TO FORM:
•40
Offic f the i rney
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