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08-176.00 Spokane County: Green Haven Sewer Ph 1MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR THE BIDDING & CONSTRUCTION OF THE GREEN HAVEN SEWER PROJECT, PHASE 1 IN CONJUNCTION WITH THE APPLEWAY AVE RECONSTRUCTION PROJECT WHEREAS, as a part of its 2007 Transportation Improvement Program, the CITY OF SPOKANE VALLEY (the CITY) intends to construct the Appleway Avenue Reconstruction Project (the ROAD PROJECT). The work includes the full -width removal and reconstruction of Appleway Avenue, between Tschirley Road and Hodges Road; and WHEREAS, as a part of the 2011 Annual Sewer Construction Program, Spokane County (the COUNTY) intends to construct a project known as the Green Haven Sewer Project and a segment of that sewer project, hereinafter referred to as the SEWER PROJECT, 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 traveling public; NOW, THEREFORE, the CITY and the COUNTY do hereby agree as follows: ARTICLE 1 — RESPONSIBILITIES OF THE CITY 1. Plans and specifications for the ROAD PROJECT have been prepared by the CITY, and the CITY intends to construct the ROAD PROJECT in 2008. The COUNTY has prepared plans for the SEWER PROJECT, together with technical specifications and an associated schedule of bid items. The CITY has included those plans, technical specifications, and the associated bid schedule in the bid documents for the ROAD PROJECT. The CITY opened bids for the ROAD PROJECT and the SEWER PROJECT on September 28, 2007. The low bidder for the ROAD PROJECT has been determined by the CITY to be Knife River. The COUNTY has reviewed the tabulation of the bids, and has elected to accept the bid for the SEWER PROJECT submitted by Knife River in the amount of $395,122.58. 2. The CITY, upon awarding a contract for the ROAD PROJECT and the SEWER PROJECT, shall have full control over the resultant construction contract and shall be the administrator for the combined project. 3. The CITY shall be responsible for all aspects of the design, construction, and construction management relative to the ROAD PROJECT, including, but not limited to, removal and replacement of asphalt and subgrade within the Appleway Avenue Reconstruction Project construction limits. The CITY will be responsible for compaction testing of the subgrade and asphalt replacement within the boundaries of the ROAD PROJECT. MOU — GREEN HAVEN SEWER / APLLEWAY AVE RECONSTRUCTION Page 1 of 3 CAS- I 76� 4. The CITY shall make payments to the contractor in accordance with the contract terms, in order that work will proceed according to schedule. ARTICLE 2 — RESPONSIBILITIES OF THE COUNTY 1. The plans and specifications for the construction of the SEWER PROJECT have been prepared by the COUNTY. The COUNTY will 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. 2. The COUNTY shall designate a "responsible person" who shall represent the COUNTY's interest during the construction of the SEWER PROJECT, and shall coordinate any modifications or changes needed by the COUNTY in conjunction with the work. 3. 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 compaction testing and soils testing within the sewer trench area below the final subgrade elevation of the reconstructed Appleway Avenue. The COUNTY shall provide a representative to perform inspection duties relative to the construction of the SEWER PROJECT, as discussed above. The COUNTY's representative shall provide tabulations of pay quantities to the CITY upon 48 hours notice to facilitate the preparation of pay estimates by the CITY. 4. Any modifications or changes to the SEWER PROJECT shall be coordinated by the COUNTY and shall be coordinated with and approved by the CITY prior to implementation. ARTICLE 3 — ALLOCATION OF COSTS 1. This Memorandum of Understanding, once fully executed, shall establish a commitment by the COUNTY to reimburse the CITY for those construction costs associated with the SEWER PROJECT. All additional costs associated with change orders and /or valid claims for the SEWER PROJECT shall be the responsibility of the COUNTY. 2. The CITY shall prepare monthly pay estimates for the SEWER PROJECT based upon the tabulations of pay quantities provided by the COUNTY. The COUNTY shall promptly review each pay estimate prior to presentation by the CITY to the contractor. 3. Upon the signing of each pay estimate by the CITY and the contractor, the CITY shall send an invoice to the COUNTY for those amounts to be paid to the contractor by the CITY for work on the SEWER PROJECT. The CITY shall include copies of the signed pay estimates as attachments to the monthly invoices to the COUNTY. The County shall pay the City, within 20 days of the receipt of the invoice, for all construction costs due to the contractor in association with the SEWER PROJECT. 4. The COUNTY shall obtain a permit from the CITY to perform work within the CITY'S right -of- way for the SEWER PROJECT. The CITY is authorized to charge its reasonable administrative costs incurred for preparing pay estimates, change orders, etc., for the SEWER PROJECT to the permit. MOU — GREEN HAVEN SEWER /APLLEWAY AVE RECONSTRUCTION Page 2 of 3 CITY OF SPOKANE VALLEY: By: /� %f it Date: Dave Mercier City Manager APPROVED AS TO FORM: By: ( Dn Date: 3' ► '�� Office cQhe City Attorney SPOKANE COUNTY: By: A Date: 3 - - 08 N. Bruce Rawls, P.E. Spokane County Director of Utilities MOU - GREEN HAVEN SEWER /APLLEWAY AVE RECONSTRUCTION -Page 3 of 3