23-180.00 SCWD#3 MOU Wardson & Buttercup Waterline ReplacementCity of Spokane Valley: Contract No. 23-180
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER
DISTRICT NO. 3 (SCWD#3) FOR THE PAVING OF SPOKANE VALLEY STREET
SEGMENTS IN CONJUCTION WITH THE WARDSON ROAD AND BUTTERCUP
STREET WATERLINE REPLACMENT PROJECT
WHEREAS, the CITY OF SPOKANE VALLEY (the CITY) has planned and budgeted for
local access street pavement projects in 2023 to take place throughout the City funded by the
Local Streets Program of Spokane Valley Street Fund 101. The pavement work will include
asphalt removal, fine grading and placement of new 3" hot mix asphalt (HMA); and
WHEREAS, as a part of its 2023 Construction Program, SPOKANE COUNTY WATER
DISTRICT NO. 3 (SCWD#3) a Washington State Water District, is constructing a project known
as the Wardson Road and Buttercup Street Waterline Replacement Project, hereinafter
referred to as the WATER PROJECT, which overlaps City Street segments that are eligible for
funding through City Street Fund 101; and
WHEREAS, SCWD#3 will coordinate with the CITY to incorporate full -width pavement
replacement measures on those eligible road segments that overlap the WATER PROJECT;
and
WHEREAS, SCWD#3 will increase the WATER PROJECT contract scope of work to include
asphalt removal, fine grading, and placement of HMA on the road segments that overlap the
WATER PROJECT; and
WHEREAS, the CITY and the SCWD#3 agree that paving of the eligible street segments
with City local street program funds from Fund 101 and in conjunction with the WATER
PROJECT would benefit the ratepayers, taxpayers, and the traveling public by limiting delays
and inconvenience; and
WHEREAS, SCWD#3 developed contract documents, plans, and specifications for the
WATER PROJECT that SCWD#3 bid and awarded, following public work contract procurement
processes, to the winning contractor (the CONTRACTOR) in early 2023;
NOW, THEREFORE, the CITY and the SCWD#3 do hereby agree as follows:
ARTICLE 1 — PURPOSE & JOINT RESPONSIBILITIES
1.1 The purpose of this Memorandum of Understanding (MOU) is to provide for the cost
allocation, and responsibilities between the CITY and SCWD#3 relating to the pavement
replacement work of certain streets described in section 1.2 below.
1.2 This Memorandum of Understanding (MOU) pertains to the following local street
segments:
• Wardson Street — 19th Avenue to 16t" Avenue.
• Buttercup Street — South end to 16th Avenue.
• 19th Avenue — West end to Wardson.
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A figure delineating the street segments, and the portions each party is financially
responsible for is attached to this Memorandum of Understanding (MOU) as Exhibit A. The
work to be completed on these segments includes asphalt removal, fine grading and placement
of new 3" HMA. This work is hereinafter referred to as the ROADWAY PROJECT.
1.3 The Parties shall develop, review, and implement the ROADWAY PROJECT in
accordance with CITY Street Standards.
ARTICLE 2 — RESPONSIBILITY OF THE CITY
2.1 The CITY shall make payments to SCWD#3 as reimbursement for the portions of the
ROADWAY PROJECT for which the CITY is responsible pursuant to Exhibit A, and as delineated
in Exhibit B to this MOU. The CITY shall be responsible for payments up to $202,712.51 plus
applicable taxes, as outlined in Exhibit B.
2.2 The CITY shall review the appropriate Change Orders or Amendments associated with
the ROADWAY PROJECT that SCWD#3 drafts for the CONTRACTOR on the WATER
PROJECT.
2.3 The CITY shall promptly respond to any SCWD#3 ROADWAY PROJECT requests, in a
time and manner fitting the nature of the request. In no event shall the City take more than three
calendar days to respond to a SCWD#3 ROADWAY PROJECT request.
2.4 The CITY shall designate a "responsible person" who shall represent the City's interest
during the construction of the ROADWAY PROJECT.
2.5 The CITY shall provide primary inspection and testing services for all work and material
involved in the ROADWAY PROJECT including HMA compaction testing and HMA assurance
testing in accordance with the Washington State Department of Transportation (WSDOT)
Standard Specifications for Road, Bridge, and Municipal Construction.
2.6 The CITY shall be responsible for reimbursing SCWD#3 for costs directly associated
with a delay in the ROADWAY PROJECT caused by the actions of the CITY.
ARTICLE 3 — RESPONSIBILITIES OF SCWD#3
3.1 SCWD#3 shall be the administrator for the ROADWAY PROJECT work, and any
ROADWAY PROJECT work shall be coordinated with CITY. SCWD#3 shall designate a
"responsible person" who shall coordinate with the City during the design and construction of
the ROADWAY PROJECT.
3.2 SCWD#3 shall be responsible for developing the appropriate Change Orders or
Amendments for the WATER PROJECT to incorporate the ROADWAY PROJECT. Final
execution of Change Orders or Amendments will not take place until the documents are
reviewed and approved by the CITY.
3.3 SCWD#3 shall be responsible for the secondary inspection and testing of all work and
materials involved in the ROADWAY PROJECT including HMA compaction testing and HMA
assurance testing in accordance with the WSDOT Standard Specifications for Road, Bridge,
and Municipal Construction. SCWD#3 shall measure the necessary pay items and include
items in the pay estimate. A copy of the full width HMA area field measurements shall be
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provided to CITY by the SCWD#3. After the inspections and testing pass, SCWD#3 shall not be
liable for any maintenance of the roadways or for any construction defects. Notwithstanding the
foregoing, this provision shall not affect the CITY's right to pursue remedies for such
construction defects from the CONTRACTOR.
3.4 SCWD#3 shall be responsible for adhering to all applicable rules, laws and regulations
including but not limited to prevailing wage laws pursuant to chapter 39.12 RCW, and public
works laws pursuant to chapter 39.04 RCW.
3.5 SCWD#3 shall be responsible for all costs directly associated with a delay in the
ROADWAY PROJECT caused by actions of SCWD#3.
ARTICLE 4 — ALLOCATION OF COSTS
4.1 This Memorandum of Understanding, once fully executed, shall establish a commitment
by City to reimburse the SCWD#3 for all costs related to the ROADWAY PROJECT that the
CITY is responsible for pursuant to Exhibit A and B, including all appropriate taxes. However, in
no instance shall the CITY be responsible to reimburse SCWD#3 for any work related to the
WATER PROJECT, including but not limited to the portions of the WATER PROJECT requiring
repaving of the street.
4.2 SCWD#3 shall prepare an invoice for the ROADWAY PROJECT that accurately reflects
the proportionate share of the CITY's responsibility. The ROADWAY PROJECT quantities shall
be based upon the tabulations of pay quantities as provided by SCWD#3 and coordinated with
the CITY pursuant to Exhibit B.
4.3 SCWD#3 shall include copies of the signed pay estimates as attachments to invoices to
the CITY. The CITY shall pay SCWD#3 within 30 days of the receipt of the invoice.
4.4 SCWD#3 shall obtain a permit from the CITY to perform work within the CITY'S right-of-
way for the contracted scope.
ARTICLE 6 — DURATION
This Agreement 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 SCWD#3 or the CITY shall continue in full force and effect.
ARTICLE 6 — MISCELLANEOUS PROVISIONS
6.1 PURPOSE: See Article 1
6.2 DURATION: See Article 5
6.3 No separate legal entity is created pursuant to this MOU.
6.4 RESPONSIBILITIES OF PARTIES: See Articles 2 & 3.
6.5 ADMINISTRATION: See 2.4 & 3.1.
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6.6 TERMINATION: A Party hereto may terminate this Agreement for a breach upon 60
days' notice to the other Party, provided that each Party shall have the right to rectify any
breach prior to the end of the 60 days' notice period.
6.7 Upon termination SCWD#3 shall own all waterlines acquired by SCWD#3 related to the
WATER PROJECT, and the CITY shall retain all rights, privileges and responsibilities in the
public rights -of -way and improvements thereon. Nothing herein shall be construed as the CITY
granting any ownership rights, privileges, easements, or otherwise to SCWD#3 or any third
parry.
The Parties have executed this MOU this /v "day of 2023.
CITY OF SPOKANE VALLEY:
John Hohman, City Manager
ATTj ST: _ )
U�4—�/
MarhiPatterso , CityClerk
APPROVED TO FORM:
ce of the Ci y Attorney
SPOKANE COUNTY WATER DISTRICT #3:
Williquette
C-Aneral Manager, Spokane County Water District No. 3
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EXHIBIT A
Project Area
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EXHIBIT B
Cost Allocations
Agency
Pay Item
Quantity
Unit Price
Total Cost
Total Road Resurfacing Cost (w/ 10% Construction Contingency)
New base rock in trenched areas only
$ 413,393.17
AC Pavement Removal
4001
$6.00
$ 24,006.00
HMA CL 1/2" PG 64-28 (Includes
SCWD #3
Asphalt, Base Rock, and Fine
Grading)
4001
$41.87
$ 167,521.87
10% Construction Contingency
$ 19,152.79
Total SCWD #3 Share
$ 210,680.66
AC Pavement Removal
5934
$6.00
$ 35,604.00
HMA CL 1/2" PG 64-28 (Asphalt
Only)
5934
$20.75
$ 121,130.50
City of
Spokane
Fine Grading
5934
$3.90
$ 23,142.60
Valley
Additional Compaction Testing
1
$2,407.00
$ 2,407.00
10% Construction Contingency
$ 18,428.41
Total Spokane Valley Share
$ 202,712.61
The quantities listed above are based on pavement cuts
(updated to address gas conflicts in Wardson and 191').
established based on the Regional Pavement Cut Poli
allocations will be developed at the conclusion of construction
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shown on the most recent plans
Required pavement cuts were
cy. Final quantities, costs, and