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23-050.01 SpokaneCountyBarkeAtUPRRCrossingAMENDMENT NO. 1 (23-050.1) TO THE 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) This Amendment No. 1 is made and entered into between Spokane County, hereafter the "County," and the City of Spokane Valley, hereinafter referred to as "City" hereinafter to be referred to individually as the "Party" and collectively as the "Parties." RECITALS 1. The Parties entered into an MOU Agreement, City Contract 23-050 and County Contract 23-0051, on January 24, 2023, for the bidding, construction, construction management and inspection of the County's Barker Road Sewer Extension, Phase 3 Sewer Project No. 236C in conjunction with the City's Barker Road at Union Pacific Crossing Project #313. 2. The Parties desire to amend the Agreement to account for the County's removal of the trenchless undercrossing of UPRR and the addition of the City providing construction management and inspection of the Road and Sewer Project. Now, therefore, pursuant to the above recitals that are incorporated herein as if fully set forth below and in consideration of the terms, conditions, covenants and performances contained in or the attached Exhibits by this reference made a part of this Agreement, IT IS MUTUALLY AGREED AS FOLLOWS: Paragraphs 5.8 and 5.9, ARTICLE 5 — RESPONSIBILITIES OF THE CITY, are revised to read: 5.8 The City shall be responsible for all aspects of the design, construction, inspection and construction management of the Road and Sewer Project. 5.9 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 and Sewer Project. Amendment No. 1 MOU 23-050.1 Pagel of 3 Barker Road Phase 3 No. 236C (County) Barker Rd at Union Pacific Crossing #313 (City) Paragraphs 5.10, ARTICLE 5 — RESPONSIBILITIES OF THE CITY, is added: 5.10 The City shall provide the County with record drawings for the Sewer Project and U-16 stub reports. Paragraphs 6.2, 6.3 and 6.6, ARTICLE 6 — RESPONSIBILITIES OF SPOKANE COUNTY are deleted. Paragraph 6.5, ARTICLE 6 — RESPONSIBILITIES OF SPOKANE COUNTY, is revised to read: 6.5 The County shall be responsible for review and approval of all materials which are solely related to the construction of the Sewer Project. Paragraph 6.8, ARTICLE 6 — RESPONSIBILITIES OF SPOKANE COUNTY, is added: 6.8 The County shall provide the City with CAD files for the sewer design as bid. Paragraphs 7.1, 7.5 and 7.6, ARTICLE 7 — ALLOCATION OF COSTS, are revised to read: 7.1 The County shall reimburse the City for 100% of those construction costs associated with the Sewer Project per the Sewer Bid Schedule C 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. (Schedule C: as bid, totals $423,817.) 7.5 In addition to payment of direct costs associated with construction of the Sewer Project as provided for in Articles 7.1, the County shall reimburse the City for the following costs included in the Road Project: $500 for the SPCC Plan ($1,000x50%=$500) and $77,850 for Traffic Control for the 26 working days associated with the installation of the Sewer Project. 7.6 The County shall reimburse the City 100% percent of the City's construction management and inspection costs for the working days associated with the installation of the Sewer Project in the amount of $83,000, which is based on 26 working days. All other terms and conditions of the MOU shall remain in full force and effect except as modified by this Amendment No. 1. Amendment No. 1 MOU 23-050.1 Page 2 of 3 Barker Road Phase 3 No. 236C (County) Barker Rd at Union Pacific Crossing #313 (City) IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the Party's date last signed below. CITY OF SPOKANE VALLEY By: John Hohman City Manager Date: -6 23 ATTEST: By: �. � ?,idAtrScj�, City Clerk APPROVER AS TO FORM: ice of City V orney SPOKANE COUNTY Digitally signed by Twp Kyle Bate:: 2023.10.10 10:40:40-07'00' By: Kyle Twohig Senior Director for Public Works Date: 10/10/23 Amendment No. 1 MOU 23-050.1 Page 3 of 3 Barker Road Phase 3 No. 236C (County) Barker Rd at Union Pacific Crossing #313 (City)