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10-029.00 Consolidated Irrigation District 19: Indiana Extension WaterlinesMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND CONSOLIDATED IRRIGATION DISTRICT NO. 19 FOR THE LOWERING OF EXISTING WATERLINES, UTILITIES AND ASSOCIATED WORK IN CONJUNCTION WITH THE INDIANA AVENUE EXTENSION PROJECT (CIP 0114) WHEREAS, as a part of its 2010 Transportation Improvement Program, the CITY OF SPOKANE VALLEY (the CITY) intends to construct the Indiana Avenue Extension Project (the ROAD PROJECT). The work includes construction across a former railroad right of way currently owned by Spokane County; and WHEREAS, Spokane County (the COUNTY) has indicated plans to dedicate a portion of the former railroad ROW to the CITY for the road project; and WHEREAS, Consolidated Irrigation District 19 (DISTRICT 19) has installed and is operating existing waterlines within the former railroad right of way that must be lowered to provide sufficient cover depth under the proposed ROAD PROJECT grades; and WHEREAS, Consolidated Irrigation District 19 (DISTRICT 19) has prepared plans to lower the waterlines (WATERLINE PROJECT), based on the ROAD PROJECT grades furnished by the CITY; and WHEREAS, it is preferred to complete the waterline lowering, and accompanying water shut -off, prior to the April l' opening of the new Hampton Inn Hotel on Indiana Avenue; and WHEREAS, the CITY and DISTRICT 19 agree that the lowering of the existing waterlines and associated work prior to the construction of the ROAD PROJECT would benefit the ratepayers, taxpayers and the traveling public; NOW, THEREFORE, the CITY and DISTRICT 19 do hereby agree as follows: ARTICLE 1— RESPONSIBILITIES OF THE CITY 1. Grading plans at the waterline crossing portion of the ROAD PROJECT have been prepared by the CITY, and the CITY intends to construct the ROAD PROJECT in July 2010. The CITY has elected to accept the time and materials, quote prepared by DISTRICT 19 for the WATERLINE PROJECT not to exceed $ 45,409.35. 2. The CITY shall be responsible for construction staking showing the final grades of the ROAD PROJECT. 3. The CITY shall be responsible for compaction testing of trench backfill from 12 inches above the pipe to finish grade. The CITY will be responsible for asphalt replacement within the boundaries of the ROAD PROJECT. Cons. Irr Dist 19 MOU ARTICLE 2 — RESPONSIBILITIES OF CONSOLIDATED IRRIGATION DISTRICT 19 1. The plans and specifications for the construction of the WATERLINE PROJECT have been prepared by District 19. District 19 will coordinate with the CITY and take reasonable measures to ensure that the WATERLINE PROJECT plans are compatible with the scope of work contemplated under the ROAD PROJECT. DISTRICT 19 has obtained quotes from contractors and developed a not -to- exceed cost estimate to complete the work. 2. DISTRICT 19 shall have full control over the resultant construction contract and shall be the administrator for the WATERLINE project. DISTRICT 19 shall designate a "responsible person" who shall represent DISTRICT 19's interest during the construction of the WATERLINE PROJECT, and shall coordinate any modifications or changes needed by DISTRICT 19 in conjunction with the work. 3. DISTRICT 19 shall be responsible for the inspection and testing of all work and materials which are solely related to the construction of the WATERLINE PROJECT, including compaction testing and soils testing within 12 inches of the pipe zone. The pipe zone is defined as all areas below and around the pipe and within 12 inches over the top of the pipe. DISTRICT 19 shall provide a representative to perform inspection duties relative to the construction of the WATERLINE PROJECT, as discussed above. DISTRICT 19's representative shall provide tabulations of material quantities, equipment and labor hours to the CITY upon 48 hours notice to facilitate the preparation of pay estimates by the CITY. 4. Any modifications or changes to the WATERLINE PROJECT shall be coordinated by DISTRICT 19 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 CITY to reimburse DISTRICT 19 for those construction costs associated with the WATERLINE PROJECT on a time and materials basis, not to exceed $41,281.12. If unknown or unexpected costs are discovered during the work, the Engineer may approve in writing the use of a ten percent management reserve fund (MRF) equaling $4,128.13. All additional costs associated with change orders outside of the original scope of this agreement for the WATERLINE PROJECT shall be the responsibility of DISTRICT 19. 2. DISTRICT 19 shall prepare a pay estimate for the WATERLINE PROJECT based upon the tabulations of material quantities, equipment and labor hours for work done. 3. Upon the signing of the pay estimate by the CITY, DISTRICT 19 shall send an invoice to the CITY for work on the WATERLINE PROJECT. The City shall pay DISTRICT 19, within 30 days of the receipt of the invoice, for all construction costs approved by the ENGINEER for the WATERLINE PROJECT. 4. DISTRICT 19 shall obtain a permit from the CITY to perform work within the CITY'S right -of -way for the WATERLINE PROJECT. DISTRICT 19 shall obtain any necessary permits from Spokane County to perform work on County property. Page 2 of 3 Cons. Irr Dist 19 MOU CITY OF SPOKANE VALLEY: ILI le Date: e Jackso City Mana r. APPROVED AS TO FORM: By: Date: Office of #e City Att ey CONSOLIDATED IRRIGATION DISTRICT 19 By: Date: Bob As craft Consolidated Irrigation District 19 Mgr. Page 3 of 3