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10-064.00 Spokane County: White Birch/Broadway Ave Sanitary Sewer ConstructionMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FOR THE BIDDING & CONSTRUCTION OF THE WHITE BIRCH /BROADWAY AVE. SANITARY SEWER PROJECT IN CONJUNCTION WITH THE BROADWAY AVE. RECONSTRUCTION PROJECT WHEREAS, as a part of its 2010 Capital Improvement Program, the CITY OF SPOKANE VALLEY (the CITY) intends to construct the Broadway Avenue Reconstruction Project No. 0088 (the ROAD PROJECT). The work includes the construction of curb and sidewalk and partial reconstruction of the southernmost eastbound lane between 500' east of Moore Rd to 350 feet east of Conklin Rd; and the full -width removal and reconstruction of Broadway Avenue, between 350' east of Conklin Rd and Flora Road; and WHEREAS, as a part of the 2008 Annual Sewer Construction Program, Spokane County (the COUNTY) intended to construct a project known as the White Birch 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 are currently being prepared by the CITY, and it is the CITY's intention to bid and construct the ROAD PROJECT in 2010. The COUNTY is preparing plans for the SEWER PROJECT, together with technical specifications and an associated schedule of bid items. The plans shall include existing sewer stub -out extension work required to extend the stubs beyond the widened right -of -way line on the south side of Broadway Avenue between Moore Road and 350 feet east of Conklin Road. The CITY will include the sewer plans, technical specifications, and bid schedule in the bid documents for the ROAD PROJECT. The City will award the project to the bidder with the lowest combined responsible bid for the total base bid schedules. 2. The CITY shall have contractual 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.. The CITY will be responsible for compaction testing of the subgrade and asphalt replacement within the boundaries of the ROAD PROJECT. 4. Upon public opening of the bid documents, the CITY will promptly provide a copy of the bid tabulation to the COUNTY. Page 1 of 3 1 Colo _ o�, q 5. The CITY agrees to make timely 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 shall be 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. The COUNTY will deliver the plans and specifications to the CITY in a timely manner so as to avoid delay of the bid for the ROAD PROJECT. 2. The COUNTY shall designate a "responsible person" who shall represent the COUNTY's interest during the design and 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 review the bid tabulation prepared by the CITY and shall notify the CITY, in writing or by electronic mail, by 5:00 p.m. of the next business day following receipt of the bid tabulation, of it's desire to proceed with the construction of the SEWER PROJECT. 4. 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 road. 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 pay quantities to the CITY for the preparation of pay estimates. 5. Any modifications or changes to the SEWER PROJECT shall be coordinated by the COUNTY and shall be acceptable to the CITY prior to implementation. ARTICLE 3 — ALLOCATION OF COSTS 1. The COUNTY's written notification to the CITY of its desire to proceed with the SEWER PROJECT shall establish a commitment 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 invoice the COUNTY monthly during construction for the amounts paid to the contractor by the CITY for work on the SEWER PROJECT. The CITY shall include the associated contractor pay estimates as an attachment to the monthly invoices to the COUNTY. 3. Upon receipt of an invoice from the CITY, the COUNTY shall immediately review each invoice, and shall bring to the CITY's attention any amount on an invoice that is unclear or questionable. The COUNTY shall pay the CITY all unquestioned amounts within 30 days of the receipt of the invoice. Page 2 of 3 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 administrative costs incurred for preparing pay estimates, change orders, etc., for the SEWER PROJECT to the permit. CITY OF SPOKANE VALLEY: y � Date: City Mana r B SPOKANE COUNTY: By: - /I r u'� AJ N. Bruce Rawls Spokane County Director of Utilities Date: 0 � - Z! - Z o po Page 3 of 3