08-057.00 Vera Water & Power: 24th Ave Reconstruction Water Main•
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SPOKANE VALLEY AND VERA WATER AND POWER
FOR THE BIDDING S CONSTRUCTION OF THE
24~' AVENUE WATER MAIN REPLACEMENT
IN CONJUNCTION WITH THE 24T" AVENUE RECONSTRUCTION PROJECT
WHEREAS, as a part of its Transportation Improvement Program, the CITY OF SPOKANE
VALLEY (the CITY) intends to construct the 24r" Avenue Reconstruction Project ~he ROAD
PROJECT). The work includes the full-width removal and reconstruction of 24 Avenue,
between Sullivan Road and 22`04 Avenue; and
WHEREAS, as a part of its 2008 Construction Program, VERA WATER AND POWER
(VERA) a Washington State Irrigation District, intends to construct a project known as the 24'"
Avenue Water Main Replacement Project, and a segment of that water project, hereinafter
referred to as the WATER PROJECT, is located within the limits of the ROAD PROJECT; and
WHEREAS, the CITY and the VERA agree that the installation of the WATER PROJECT in
conjunction with the ROAD PROJECT would benefit the ratepayers, taxpayers and the traveling
public;
NOW, THEREFORE, the CITY and the VERA do hereby agree as follows:
ARTICLE 1 -JOINT RESPONSIBILITIES
Plans and specifications for the ROAD PROJECT will be prepared by the CITY, and the CITY
intends to construct the ROAD PROJECT in 2008. VERA wil! prepare plans, stamped by a Civil
Engineer licensed in the State of Washington, for the WATER PROJECT, together with
technical specifiications and an associated schedule of bid items. The CITY will include those
plans, technical spec cations, and the associated bid schedule with the bid documents for the
ROAD PROJECT. The plans and specifications for both the ROAD PROJECT and the WATER
PROJECT shall be based on the 2008 Standard Specifications for Road, Bridge, and Municipal
Construction as published by the Washington State Department of Transportation. The CITY
and VERA agree to accept the lowest responsible bidder for the combined project. A bidder may
be disqualified only in accordance with the attached American Public Works Association
General Special Provision (APWA GSP) Section 1-02.14 supplementing the WSDOT Standard
Specifications. If the parties disagree on whether a bidder is the lowest responsible bidder for
the combined project, the parties shall consult regarding the dispute prior to award. If the
parties are still not able to resolve the dispute, the CITY shall have final authority to determine
lowest responsible bidder for the combined project. The costs in the bid shall be allocated
between the ROAD PROJECT and WATER PROJECT with the City paying for the ROAD
PROJECT and Vera paying for the WATER PROJECT.
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ARTICLE 2 -RESPONSIBILITY OF THE CITY
1. The CITY, upon awarding a contract for the ROAD PROJECT and the WATER PROJECT,
shall have full control over the resultant construction contract and shall be the administrator for
the combined project.
2. 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 24"' 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.
3. The CITY shall make payments to the contractor in accordance with the contract terms, in
order that work will proceed according to schedule.
ARTICLE 3 -RESPONSIBILITIES OF VERA
1. The plans and specifications for the construction of the WATER PROJECT will be prepared
by VERA. VERA will coordinate with the CITY and take reasonable measures to ensure that
the WATER PROJECT plans are compatible with the scope of work contemplated under the
ROAD PROJECT.
2. VERA shall designate a "responsible person" who shall represent VERA's interest during the
construction of the WATER PROJECT, and shall coordinate any modifications or changes
needed by VERA in conjunction with the work.
3. VERA shall be responsible for the inspection and testing of all work and materials which are
solely related to the construction of the WATER PROJECT, including compaction testing and
soils testing within the WATER PROJECT trench area below the final subgrade elevation of the
reconstructed 24~' Avenue. VERA shall provide a representative to perform inspection duties
relative to the construction of the WATER PROJECT, as discussed above. VERA'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 WATER PROJECT shall be coordinated by VERA and
shall be coordinated with and approved by the CITY prior to implementation.
ARTICLE 4 -ALLOCATION OF COSTS
1. This Memorandum of Understanding, once fully executed, shall establish a commitment by
VERA to reimburse the CITY for those construction costs associated with the WATER
PROJECT. All additional costs associated with VERA's change orders for the WATER
PROJECT shall be the responsibility of VERA.
2. The CITY shall prepare monthly pay estimates for the WATER PROJECT based upon the
tabulations of pay quantities provided by VERA. VERA shall promptly review each pay estimate
prior to presentation to the CITY by the contractor.
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3. Upon the signing of each pay estimate by the CITY and the contractor, the CITY shall send
an invoice to VERA for those amounts to be paid to the contractor by the CITY for work on the
WATER PROJECT. The CITY shall include copies of the signed pay estimates as attachments
to the monthly invoices to VERA. VERA 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 WATER
PROJECT.
4. VERA shall obtain a permit from the CITY to perform work within the CITY'S right-of-way for
the WATER PROJECT. The CITY is authorized to charge its reasonable administrative costs
incurred for preparing pay estimates, change orders, etc., for the WATER PROJECT to the
permit.
ARTICLE 5 -DURATION
The 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 the CITY or VERA shall continue in full force
and effect.
ARTICLE 6 -APPROVAL
This Memorandum of Understanding was approved by the City of Spokane Valley City
Council on ~vNc 1 z , 2008 and by the Vera Water and Power Board of
Directors on reb~;,~,,.;,~~~, 2008.
CITY OF SPOKANE VA
By:
City
APPROVED AS TO FARM:
By: 7
ce of a City Att
VERA:
Kevin M. Wells
General Manager, Vera Water and Power
Date: % ~~ ~
Date: ~ ' 1 Z _~~.
Date: ~~ ~ i 3 'Z ~
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