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23-113.00 Vera Water & Power: Sullivan Improvements MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND VERA WATER AND POWER FOR CONDUIT INSTALLATION TO BE INCLUDED IN THE CITY OF SPOKANE VALLEY SULLIVAN ROAD IMPROVEMENTS PROJECT,CAPITAL IMPROVEMENT PROJECT 0320 WHEREAS, the City of Spokane Valley (hereinafter the "City") intends to construct a road improvement project known as the Sullivan Road Improvements, Capital Improvement Project 0320 (hereinafter the"Project"),within the City's jurisdiction; and WHEREAS,Vera Water and Power(hereinafter"Vera")owns and operates electric utilities within the City's rights-of-way and within the Project's limits; and WHEREAS, Vera has requested the installation of a section of underground conduit within the Project's limits,near the Appleway Trail,prior to the completion of the Project;and WHEREAS,the City and Vera agree to include the conduit installation as a part of the City's Project; and WHEREAS,Vera will pay for the Conduit,associated sidewalk removal and 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 Vera as follows: ARTICLE 1—RESPONSIBILITY OF VERA 1.1. Vera shall fund the costs associated with constructing the Conduit installation based on the following: 1.1.1. Vera shall pay the costs for construction items quantified by unit increments(such as acre, cubic yard,day,ton,each,linear foot)based on the actual quantities installed and the City's contractor's unit costs for those items.Preliminary quantities are provided in EXHIBIT A. Items include,but may not be limited to the following: 1.1.1.1. Remove Cement Conc.Curb,per linear foot 1.1.1.2. Remove Cement Conc. Sidewalk/Driveway Approach 1.1.1.3. Cement Conc. Traffic Curb and Gutter 1.1.1.4. Cement Conc. Sidewalk 1.1.1.5. Conduit Pipe 3 In.Dia. 1.1.2.Vera shall pay the costs incurred by the City associated with additional sidewalk removal and replacement if modifications are required for the conduit installation, as determined by the City. 1.2. Vera shall coordinate with the City construction contractor to inspect the conduit during installation,upon two day advance notice from the contractor. 1.3. Vera 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 concrete removal, conduit installation at a depth of 3', and concrete replacement during the construction of the project. Page 1 of 2 2.2. Incorporate the design, details, and specifications into the Project's construction contract. The City's bid items shall be listed in the Base Bid for the project, quantities which are Vera responsibility will be field measured based on the actual work performed. 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 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 for concrete and backfill operations. 2.5. Notify Vera 2 days in advance of conduit installation,to allow the opportunity for inspection by Vera. 2.6. Provide construction management for the Project. 2.7. Make monthly progress payments to the contractor. 2.8. Provide a monthly statement of progress payments made to the contractor for the Conduit Installation,and a bill requesting reimbursement for those costs to Vera. 2.9. Provide a report of final costs for the Conduit Installation to Vera 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 Vera shall continue in full force and effect. ARTICLE 4—PROJECT&UTILITY WORK LIMITS The Project limits include the following street segment: Sullivan Road from Sprague Avenue to the north side of the intersection of 8th Avenue. The Parties have executed this Memorandum of Understanding this dZ day of / t- ,2023 CITY OF SPOKANE VALLEY: 14/41.',1 40,41,4 John Ho an, thy Manager I APPROVED AS TO FORM: ce of the City Attorney VERA WATER AND POWER: By: 6 Date: q 91 QM Printed Name: N ` • Title: C Page 2 of 2