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23-101.00 Consolidated Irrigation: Barker at UP Crossing PH 2 Contract#23-101 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND CONSOLIDATED IRRIGATION DISTRICT NO. 19 FOR WATERLINE INSTALLATION TO BE INCLUDED IN THE CITY OF SPOKANE VALLEY BARKER ROAD AT UNION PACIFIC CROSSING CAPITAL IMPROVEMENT PROJECT 0313 WHEREAS, the City of Spokane Valley (hereinafter the "CITY") intends to construct a road improvement project known as the Barker Road at Union Pacific Crossing Capital Improvement Project 0313 (hereinafter the"PROJECT within the CITY's jurisdiction; and WHEREAS,Consolidated Irrigation District No. 19(hereinafter the"DISTRICT")owns and operates water utilities within the Districts and the CITY's rights-of-way and within the PROJECT's limits; and WHEREAS, DISTRICT has requested to replace a portion of its water line within the PROJECT's limits, approximately 980 linear feet on Euclid Avenue east of Barker Road,prior to the completion of the PROJECT; and WHEREAS,the CITY and DISTRICT agree to include the replacement of the water line(hereinafter the"WATER MAIN IMPROVEMENTS")as part of the PROJECT; and WHEREAS,DISTRICT will pay for the WATER MAIN IMPROVEMENTS 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 DISTRICT as follows: ARTICLE 1—RESPONSIBILITY OF THE DISTRICT 1.1. Review design plans, design details, and specifications for the WATER MAIN IMPROVEMENTS 1.2. Promptly review and approve all Source of Materials submittals regarding the WATER MAIN IMPROVEMENTS. 1.3. DISTRICT shall have the right to inspect the WATER MAIN IMPROVEMENTS with its representatives, employees, and inspectors to confirm that the WATER MAIN IMPROVEMENTS is in compliance with the terms of this Agreement. CITY shall allow the DISTRICT and its representatives, employees, and inspectors reasonable fulltime access to the worksite, so that the WATER MAIN IMPROVEMENTS may be inspected. DISTRICT shall not interrupt or disturb other work of the Project,except as necessary as part of such inspection. DISTRICT shall not direct the CITY's contractor; DISTRICT shall notify the CITY of any corrections to the construction of the WATER MAIN IMPROVEMENTS and the CITY shall direct the contractor,accordingly. 1.4. DISTRICT shall fund the costs associated with designing and constructing the WATER MAIN IMPROVEMENTS based on the following: 1.4.1. The DISTRICT shall pay for the CITY's costs for drafting and contract preparation for the updating the WATER MAIN IMPROVEMENTS project in the amount of$3,100.00. Page 1 of 3 Contract#23-101 1.4.2. The DISTRICT shall pay the costs for Schedule B, WATER MAIN IMPROVEMENTS construction items quantified by unit increments(such as linear foot,each,Lump Sum),to construct the new water main,abandon the old AC main,new gate valves,install new water service stub with temporary blowoff to parcel 55053.0109, and a 6-inch water line to accommodate the relocation of a fire hydrant, based upon the actual quantities installed and lump sum prices in the Schedule B, WATER MAIN IMPROVEMENTS and CITY's contractor's unit costs for those items. 1.4.3. Any additional costs associated with change orders and/or valid claims for the WATER MAIN IMPROVEMENTS shall be reviewed by the DISTRICT before approval. The bid schedule includes an estimate for resolution of utility conflicts and minor changes. If these situations are not encountered,the dollars will not be spent. 1.4.4. The DISTRICT shall pay all costs associated for the CITY's construction management and material testing on the WATER MAIN IMPROVEMENTS on Euclid Avenue and its intersection with Barker Road. The City will report any such costs incurred at time of installation of water main improvements for approval. 1.5. The DISTRICT shall reimburse the CITY amounts billed within 45 days following receipt of the invoice from the CITY. 1.6. Upon completion of the WATER MAIN IMPROVEMENTS by the contractor and a passed final inspection by the DISTRICT, the DISTRICT shall provide the CITY with written acceptance of the UTILTIY WORK prior to paving of the roadway. ARTICLE 2—RESPONSIBILITIES OF THE CITY 2.1. The CITY is responsible to pay the costs for Schedule B, WATER MAIM IMPROVEMENTS construction items for relocating four (4) of the DISTRICT's one-inch water service connections,the associated service connection piping,pipe casing to sleeve water pipe,and one complete fire hydrant assembly(hydrant,gate valve and associated 6-inch PVC pipe)on Euclid Avenue in order to construct the PROJECT. The City is paying for traffic control and paving associated with the completed project. 2.2. Incorporate the DISTRICT 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. The WATER MAIN IMPROVEMENTS construction bid items shall be listed as a separate pay schedule within the contract documents. 2.3. Provide a copy of the plans and specifications for the construction project to the DISTRICT for the review and approval prior to advertisement of the project. 2.4. Upon public opening of the bid documents, the CITY shall promptly provide a copy of the bid tabulation to the DISTRICT. 2.5. 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. 2.6. Provide copies of all Source of Materials submittals for the WATER MAIN IMPROVEMENTS to the DISTRICT for its review and approval before use of the materials on the Project. Page 2 of 3 Contract#23-101 2.7. Provide field inspection and material testing of trench excavation and trench backfilling required for the WATER MAIN IMPROVEMENTS. 2.8. Provide construction management and control surveying for the WATER MAIN IMPROVEMENTS. 2.9. Make monthly progress payments to the contractor based on the City's inspector's field measurements of installed WATER MAIN IMPROVEMENTS. 2.10. Provide a monthly statement of progress payments made to the contractor for the WATER MAIN IMPROVEMENTS, and a bill requesting reimbursement for those costs to the DISTRICT. 2.11. Provide a report of final costs for the WATER MAIN IMPROVEMENTS to the DISTRICT 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 commence upon execution by all parties below, and 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 DISTRICT shall continue in full force and effect. The Parties have executed this Memorandum of Understanding this 23'4.° day of .4y ,2023. CITY OF SPOKANE VALLEY: Jehn Hohman, City Manager ATTES : ristine Bainbridge, City Clerk • APPROVED AS TO FORM: % theItyArtomey CONSOLIDATED IRRIGATION DISTRICT NO. 19: By: 5WAC/Jf.4. 54010,a441 Date:04/27/2023 Printed Name: Shane Sheppar Title: General Manager Page 3 of 3