23-050.00 Spokane County: Barker at UPRR Crossing -1)9a
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE
VALLEY AND SPOKANE COUNTY
FOR THE BIDDING AND CONSTRUCTION OF THE BARKER ROAD SEWER
EXTENSION,PHASE 3 SEWER PROJECT NO. 236C IN CONJUNCTION WITH THE
CITY OF SPOKANE VALLEY BARKER AT UNION PACIFIC CROSSING PROJECT-
PHASE 2 (CIP 0313)
WHEREAS,the City of Spokane Valley (City) intends to construct the Barker Road at Union
Pacific Crossing Project-Phase 2 CIP No. 0313 (Road Project)in 2023 on Barker Road and Euclid
Avenue, including crossing the Union Pacific Railroad(UPRR)right-of-way; and
WHEREAS, Spokane County (the County)intends to construct a project known as the Barker
Road Sewer Extension, Phase 3 Sewer Project No. 236C (Sewer Project) which is located within
the limits of the Road Project; and
WHEREAS, the City and the County agree that the installation of the Sewer Project in
conjunction with the Road Project would benefit the ratepayers, taxpayers and the travelling
public; 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.
NOW, THEREFORE, the City and the County do hereby agree as follows:
ARTICLE 1: PURPOSE
The purpose of this Agreement is for the Parties to clearly identify the respective roles each
jurisdiction is to have regarding financing,design, and construction of the Project.
ARTICLE 2: TERM
Subject to any other provisions contained herein, the period of performance of this Agreement
shall commence on execution, and be completed no later than December 31, 2026 unless
terminated sooner as provided herein.
ARTICLE 3: TERMINATION
Except as otherwise provided in this Agreement, either Party may terminate this Agreement upon
at least 30 days written notification. If this Agreement is so terminated,the terminating Party shall
be liable only for performance in accordance with the terms of this Agreement for performance
rendered prior to the effective date of termination.
Memorandum of Understanding Page 1 of 5
Barker Road Phase 3
ARTICLE 4: CONTRACT MANAGEMENT
The Parties hereby designate the following individuals, or their designees, as their representatives
for the purpose of ensuring compliance with the Agreement:
SPOKANE COUNTY:
Louis Graf, Wastewater System Administrator
Spokane County Public Works
1026 West Broadway Avenue, Spokane, WA 99260
CITY OF SPOKANE VALLEY:
Robert Lochmiller, Engineering Manager- CIP
Capital Improvement Program
10210 East Sprague Avenue, Spokane Valley, WA 99206
ARTICLE 5—RESPONSIBILITIES OF THE CITY
5.1 Plans and specifications for the Road Project are being prepared by the City and the City
intends to construct the Road Project in 2023. The County is preparing plans for the Sewer
Project together with technical specifications,and an associated schedule of bid items. The
City shall include the Sewer Project plans,technical specifications and bid schedule in the
bid documents for the Road Project. The Road Project and Sewer Project shall be
collectively referred to as the"Contract Project." The City intends to advertise the Contract
Project in February of 2023.
5.2 The Road Project involves a railroad crossing of the UPRR on Barker Road. The City and
is responsible for obtaining a railroad crossing permits for the Road Project. The City's
railroad crossing permit covers the road and conduit crossings.
•
5.3 The City shall have sole responsibility for awarding the Contract 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 Contract Project at its discretion.
5.4 The City shall have responsibility for and sole contractual control over the resultant
construction contract and shall be the administrator for the Contract Project.
5.5 The City shall be responsible for all aspects of the design, construction, inspection and
construction management of the Road Project.
5.6 Upon public opening of the bid documents, the City shall promptly provide a copy of the
bid tabulation to the County.
5.7 The City shall make payments to the contractor in accordance with the contract terms, so
that work may proceed according to schedule.
Memorandum of Understanding Page 2 of 5
Barker Road Phase 3
5.8 The City shall provide personnel to carry out the City's responsibilities for necessary
administration, inspection, and material testing for construction management of the Road
Project.
5.9 The City shall provide copies of all Source of Materials submittals for the Sewer Project to
the County for its review and approval before use of the materials on the project.
ARTICLE 6—RESPONSIBILITIES OF SPOKANE COUNTY
6.1 The plans and specifications for the construction of the Sewer Project shall be prepared
by the County. The County shall coordinate with the City and take reasonable measures
to ensure that the Sewer Project plans are compatible with the scope of work
contemplated under the Road Project. The County shall deliver the plans and
specifications to the City in a timely manner to avoid delay of the bid for the Contract
Project.
6.2 The Sewer Project involves crossing the UPRR right-of-way on Barker Road. The
County is responsible for obtaining the railroad crossing permits for the Sewer Project.
The County's railroad crossing permit covers the trenchless undercrossing of the
railroad right-of-way with a sewer force main.
6.3 The County shall prepare the Contract Documents related to the trenchless
undercrossing of the sewer force main. The Contract Documents shall comply with the
conditions of the County's UPRR permit. The County shall stipulate in the Contract
Documents that the Contractor awarded the contract is responsible for complying with
the conditions of the County's railroad crossing permit.
6.4 The County shall designate a"responsible person"who shall represent the County's
interest during the design and construction of the Sewer Project, shall attend weekly
construction meetings, and shall coordinate any modifications or changes needed by the
County in conjunction with the work.
6.5 The County shall be responsible for the inspection and testing of all work and materials
which are solely related to the construction of the Sewer Project, including the sewer
force main's trenchless undercrossing of the railroad right-of-way, settlement
monitoring, formation grouting, compaction testing and soils testing within the sewer
trench area below the final subgrade elevation of the reconstructed road. The County
shall provide a representative to perform inspection duties relative to the construction of
the Sewer Project,pursuant to Articles 6.4 and 6.6. The County's representative shall
provide pay quantities to the City for the preparation of pay estimates.
6.6 The County shall provide inspectors and material testers to provide construction
inspection services consistent with the Contract Provisions and Plans for the Sewer
Project as outlined in the Sewer Schedule of the Contract Documents. The County shall
provide daily reports and pay notes on the Sewer Project to the City for review and
approval. Any design changes or adjustments to the Contract Provisions and Plans for
the Road Project shall be the sole responsibility of the City.
Memorandum of Understanding Page 3 of 5
Barker Road Phase 3
6.7 Any modifications or changes to the Sewer Project shall be coordinated by the County
and shall be acceptable to the City prior to implementation. Any design changes or
adjustments to the Contract Provisions and Plans for the Sewer Project shall be the sole
responsibility of the County.
ARTICLE 7—ALLOCATION OF COSTS
7.1 The County's written notification to the City of its desire to proceed with the Sewer
Project shall establish a commitment to reimburse the City for 100%of those construction
costs associated with the Sewer Project per the sewer bid schedule of the Contract
Documents. All additional costs associated with change orders and/or valid claims for the
Sewer Project shall be the responsibility of the County.
7.2 The City shall invoice the County monthly during construction for the amounts paid to
the contractor by the City for work on the Sewer Project. The City shall include the
associated contractor pay estimates as an attachment to the monthly invoices to the
County.
7.3 Upon receipt of an invoice from the City, the County shall immediately review each
invoice,and shall bring to the City's attention any amount on an invoice that is unclear or
questionable. The County shall pay the City all unquestioned amounts within 30 days of
the receipt of the invoice.
7.4 The County shall reimburse the City for grading, paving and gravelling patchback costs
outside the City's proposed edge of shoulder caused by the Sewer Project if applicable.
Property restoration required by side sewer installation is incidental to the cost of side
sewer pipe and thus should not require separate payment that would be reimbursable.
7.5 In addition to payment of direct costs associated with Sewer Project design and
construction as provided for in Article 7.2,the County shall reimburse the City 50 percent
of the following costs included in the Road Project: SPCC Plan and Project Temporary
Traffic Control.
7.6 The County shall reimburse the City 50 percent of the City's construction management
costs, excluding material testing and inspection and issues associated with the City's
railroad permit.
ARTICLE 8—INDEMNIFICATION
8.1 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
Memorandum of Understanding Page 4 of 5
Barker Road Phase 3
provided herein shall be valid and enforceable only to the extent of each Party's own
negligence.
8.2 The County agrees to 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 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.
The Parties have executed this MOU this 2 4 11/1- day of jam k Aa , 2023.
CITY OF SPOKANE VALLEY SPOKANE COUNTY
By: John Hohman By: Kyle Two
City Manager Senior Director of Public Works
ATTE 2 3 - 0 0 5 1
BY� G►�`e, v� ff rty Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of e City Attorney Spokane County Prosecutor's Office
Memorandum of Understanding Page 5 of 5
Barker Road Phase 3
Submit to Clerk of the Board with accompanying paperwork(Resolutions,Agreements,etc.)
AGENDA SHEET
SUBMITTING DEPARTMENT:Environmental Services
CONTACT PERSON:Kristen Armstrong
PHONE NUMBER:477-7412
CHECK TYPE OF MEETING BELOW: BELOW FOR CLERK'S USE ONLY:
Clerk's Resolution No. g3 - 0051
Approved: ajonty/Unaniimous
Denied: Majority/Unanimous
E] Regular Session Agenda Renews/Amends No.
Public Works No.
Purchasing Dept.No.
AGENDA TITLE:AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN MEMORANDUM OF
UNDERSTANDING("MOU")BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY
FOR THE CONSTRUCTION OF THE BARKER ROAD SEWER EXTENSION PHASE 3 PROJECT AND
OTHER MATTERS RELATING THERETO.
BACKGROUND: (Attach separate sheet(s)if necessary): The City of Spokane Valley has partnered with the County to
construct sewer improvements on Barker Road and Euclid Avenue.The City and the County agree that the installation of
the sewer project would benefit the ratepayers and taxpayers.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 to
clearly identify what role each jurisdiction is to have regarding financing,design,and construction of the Project.
Pursuant to the Memorandum of Understanding between the City and the County,regarding wastewater management,the
Parties have agreed that the County will own and manage the system of sewerage within the City.
FISCAL IMPACT(Amount&source of funds):None.
REQUESTED BOARD ACTION:Approve.
This Item will need to be codified in the Spokane County Code:No
No.23 005 1
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF AUTHORIZING THE )
PUBLIC WORKS DIRECTOR TO SIGN )
MEMORANDUM OF UNDERSTANDING ) RESOLUTION
("MOU") BETWEEN THE CITY OF SPOKANE )
VALLEY AND SPOKANE COUNTY FOR THE )
CONSTRUCTION OF THE BARKER ROAD )
SEWER EXTENSION PHASE 3 PROJECT, AND )
OTHER MATTERS RELATING THERETO )
WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of
County Commissioners of Spokane County (the "Board") has the care of County property and
management of County funds and business; and
WHEREAS,pursuant to the provisions of Chapters 36.70 and 36.94 RCW, the Board has
adopted a Comprehensive Wastewater Management Plan as an element of Spokane County's
(COUNTY) Generalized Comprehensive Plan; and
WHEREAS, pursuant to the provisions of Chapter 36.94 RCW and the Comprehensive
Wastewater Management Plan, Spokane County has the power to construct, operate and maintain
a system of sewerage within the Spokane County area; and
WHEREAS, pursuant to the provisions of Chapter 35A.11 RCW, the City of Spokane
Valley (CITY) Council has the care of CITY property and management of CITY funds and
business; and
WHEREAS,pursuant to the provisions of Chapter 39.34 RCW,two or more public entities
may jointly contract between each other to perform functions which each may individually
perform; and
WHEREAS,the CITY has partnered with the COUNTY to construct sewer improvements
on Barker Road and Euclid Avenue; 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
WHEREAS, the Parties desire to clearly identify what role each jurisdiction is to have
regarding financing, design, and construction of the Project.
WHEREAS,pursuant to the Memorandum of Understanding("MOU")between the CITY
and the COUNTY, regarding wastewater management, the Parties have agreed that the COUNTY
will own and manage the system of sewerage within the CITY.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Spokane County that the Spokane County Public Works Director is authorized to execute on behalf
of the County,at other than an open public meeting,the Memorandum of Understanding between the
City of Spokane Valley and Spokane County regarding the Barker Road Sewer Extension Phase 3
(No. 236C)and any associated documents or amendments thereto.
PASSED AND ADOPTED this 2Yti-tday of aa`1/14-((1'Z/L023.
BOARD OF COUNTYOv COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
MARY . (EY, hair
of c°Mmis,
9..;‘).SE coG.•�o • JOSH KERNS, Vice-Chair
IE-
i1 tab SEAL.' •• j AL FRENCH, Commissioner
Clerk of the Board 11, NE`O '
ATTEST: W
AM R WALDREF, Commissio r
C°L4;<. ,Cr-r ,g4"
inna Vasquez CHRIS JORD Commissioner