12-020.00 Vera Water and Power: Sprague Reconstruction ConduitMEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SPOKANE VALLEY
AND VERA WATER AND POWER
FOR THE BIDDING AND CONSTRUCTION OF
CONDUIT IN CONJUNCTION WITH THE
SPRAGUE AVENUE RECONSTRUCTION #2 PROJECT
WHEREAS, as a part of its Transportation Improvement Program, the CITY OF SPOKANE
VALLEY (the CITY) intends to construct the Sprague Avenue Reconstruction #2 Project (the
ROAD PROJECT). The work includes the full- width, curb to curb, reconstruction of Sprague
Avenue, between Evergreen Road and Sullivan Road; and
WHEREAS, as a part of its long term infrastructure development Vera Water and Power,
601 N. Evergreen Rd, PO Box 630, Spokane Valley, WA 99037 (VERA), intends to construct
new underground power conduit within Spokane Valley, and a segment of that underground
conduit work, hereinafter referred to as the CONDUIT PROJECT, is located within the limits of
the ROAD PROJECT; and
WHEREAS, the CITY and VERA agree that the installation of the CONDUIT 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
The plans and specifications for both the ROAD PROJECT and the CONDUIT PROJECT shall
be based on the 2012 Standard Specifications for Road, Bridge, and Municipal Construction as
published by the Washington State Department of Transportation, as amended by the City of
Spokane Valley. 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. The costs in the bid shall be allocated
between the ROAD PROJECT and CONDUIT PROJECT with the City paying for the ROAD
PROJECT quantities and VERA paying for the CONDUIT PROJECT quantities.
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ARTICLE 2 — RESPONSIBILITY OF THE CITY
1. The CITY, upon awarding a contract for the ROAD PROJECT and the CONDUIT 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 road base down to subgrade within the ROAD Project construction
limits. Plans and specifications for the ROAD PROJECT will be prepared by the CITY, and the
CITY intends to construct the ROAD PROJECT in 2012. The CITY will include the CONDUIT
PROJECT conduit quantities in the bid schedule with the bid documents for the ROAD
PROJECT.
3. The CITY will be responsible for compaction testing of the subgrade and trench backfill and
asphalt replacement within the boundaries of the ROAD PROJECT.
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 3 — RESPONSIBILITIES OF the UTILITY PROVIDER
1. VERA will select the preferred size and type of conduit from the WSDOT specification and
submit to the City. VERA will submit to the City redlines of the City road plan sheets showing
conduit locations. The City will draft the locations on the ROAD PROJECT PLANS.
2. VERA shall designate a responsible person who shall represent the VERA's interest during
design, award and construction of the CONDUIT PROJECT, and shall coordinate any
modifications or changes needed by VERA in conjunction with the work.
3. 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. VERA's representative shall be
available during all working hours of the Road Project to monitor and accept all CONDUIT
PROJECT work.
4. Any modifications or changes to the CONDUIT 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 CONDUIT
PROJECT. All additional costs associated with VERA's change orders for the CONDUIT
PROJECT shall be the responsibility of VERA.
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2. The CITY shall prepare monthly pay estimates for the CONDUIT 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.
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
CONDUIT 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 30 days of the
receipt of the invoice, for all construction costs due to the contractor in association with the
CONDUIT PROJECT.
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.
CITY OF SPOKANE VALLEY:
By:
ity Manager
APPROVED AS TO ORM:
By: �►
Office f he City ey
UTILITY PROVIDER:
V ra Water and Power
Date:
Date: 2 -/3 - 1 2 --
2 i 3 z-
Date:
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