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08-066.00 Spokane County Water District 3: Broadway Ave Rehab Ph 1 - Water Main:~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER DISTRICT NO. 3 FOR THE BIDDING 8~ CONSTRUCTION OF THE BROADWAY AVENUE WATER MAIN REPLACEMENT IN CONJUNCTION WITH THE BROADWAY AVENUE REHABILITATION PROJECT -PHASE 1 WHEREAS, as a part of its Transportation Improvement Program, the CITY OF SPOKANE VALLEY (the CITY) intends to construct the Broadway Avenue Rehabilitation Project -Phase 1 (the ROAD PROJECT). The work includes the grinding and asphalt pavement inlay on Broadway Avenue from the Eastbound Interstate 90 off and on ramp to the Park Road intersection; and WHEREAS, as a part of its 2008 Construction Program, SPOKANE COUNTY WATER DISTRICT NO. 3 (SCWD#3) a Washington State Water District, intends to construct a project known as the Broadway 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 SCWD#3 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 SCWD#3 do hereby agree as follows: ARTICLE 1 -JOINT RESPONSIBILITIES Plans and specifications for the ROAD PROJECT with a schedule of bid items (Schedule A) will be prepared by the CITY, and the CITY intends to construct the ROAD PROJECT in September 2008. SCWD#3 will prepare plans, stamped by a Civil Engineer licensed in the State of Washington, for the WATER PROJECT, together with technical specifications and an associated schedule (Schedule B) of bid items. The CITY will include the WATER PROJECT plans, technical specifications 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 will award the project to the bidder with the lowest combined responsible bid for both Schedules A and B. 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 Page 1 of 3 . cob-66 shall be allocated between the ROAD PROJECT and WATER PROJECT with the City paying for the ROAD PROJECT under Schedule A and SCWD#3 paying for the WATER PROJECT under Schedule B (including tax). 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 Road 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. 4. The CITY shall pay for furnishing and installing conduit, locate wire and Crushed Surfacing Top Course (CSTC) by placing these unit bid pay items on Schedule A. ARTICLE 3 -RESPONSIBILITIES OF SCWD#3 1. The plans and specifications for the construction of the WATER PROJECT will be prepared by SCWD#3 and provided to the CITY in a timely manner, not to exceed June 30th). SCWD#3 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. SCWD#3 shall designate a "responsible person" who shall represent SCWD#3's interest during the construction of the WATER PROJECT, and shall. coordinate any modifications or changes needed by SCWD#3 in conjunction with the work. 3. SCWD#3 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 asphalt concrete pavement patch elevation shown on Exhibit 1. SCWD#3 shall provide a representative to perform inspection duties relative to the construction of the WATER PROJECT, as discussed above. SCWD#3'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 SCWD#3 and shall be coordinated with and approved by the CITY prior to implementation. 5. SCWD#3 shall allow the City to install a 2 inch communication conduit in the waterline trench where shown on Exhibit 1. SCWD#3 shall pay for the 2 inch ACP patch unit bid item by including it on Schedule B. Page2of3 ARTICLE 4 -ALLOCATION OF COSTS 1. This Memorandum of Understanding, once fully executed, shall establish a commitment by SCWD#3 to reimburse the CITY for those construction costs associated with the WATER PROJECT. All additional costs associated with SCWD#3's change orders for the WATER PROJECT shall be the responsibility of SCWD#3. 2. The CITY shall prepare monthly pay estimates for the WATER PROJECT based upon the tabulations of pay quantities provided by SCWD#3. SCWD#3 shall review each pay estimate within 2 working days prior to presentation to the CITY by the contractor. 3. Upon the signing of each pay estimate by the CITY and the contractor, the CITY shall send an invoice to SCWD#3 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 SCWD#3. SCWD#3 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. SCWD#3 shall obtain a permit from the CITY to perform worts 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 SCWD#3 shall continue in full force and effect. CITY OF SPOKANE VALLEY: By: Davi er 'er City ger APPROVED AS TO FORM: ay: O ce he City mey SCWD#3: By: Ty Wick General Spokane County Water District No. 3 Date: ~ Date: f~ ' ~8' o~ Date: _ 6 ~ / ~ - ~~~ Page 3 of 3 ~r~~~~ ~ DEPARTMENT OF PUBLIC WORKS jValley DESCRIPTION _ ~Cl~d7 / 1 ~ PROJECT NO.: CAI.C. 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