12-095.00 Spokane County 48th & Sundown Pavement ReplacementMemorandum of Understanding
Between the City of Spokane Valley and Spokane County
Pavement Replacement and Drainage Improvement Cost Sharing
For the 48th Avenue and Sundown Court Pavement Modifications
WHEREAS, the City of Spokane Valley (the CITY) and Spokane County (the
COUNTY) have worked collaboratively to construct portions of the COUNTY's West
Ponderosa Sewer Basin Project together with CITY paving and drainage improvement
projects; and
WHEREAS, the CITY desires that the roads impacted by the construction of sewers
be reconstructed based on typical road design standards including 2% cross slopes;
and
WHEREAS the CITY has taken the position that the south half of 48th Avenue east
of Woodruff Road was not reconstructed in an acceptable manner following the
construction of sewers, and that a portion of the cul -de -sac at the end of Sundown Court
has not been reconstructed in a manner that provides for proper drainage; and
WHEREAS the COUNTY has taken the position that the roads impacted by the
construction have been returned to a condition that is equal to or better than the
condition that existed prior to the construction; and
WHEREAS, in the interest of settling the disagreements relative to the replacement
of these roadways, the CITY and COUNTY are willing to share in the cost of a project
to address the CITY's concerns; and
WHEREAS, the CITY and COUNTY are willing to share equally in the construction
contract costs of such pavement modifications.
NOW THEREFORE, the CITY and the COUNTY do hereby agree as follows:
1. The CITY and the COUNTY shall jointly prepare a notification letter for
distribution to property owners located adjacent to the proposed improvements,
advising them of the scope of the work and the anticipated schedule. The
COUNTY shall mail the notification letter to the property owners prior to the start
of design survey work.
2. The COUNTY shall design the roadway improvements, and shall provide the
CITY with a set of project plans indicating the extent of the pavement
modifications and adjoining restorations, together with a construction cost
estimate for same. The COUNTY shall bear the cost of the design and cost
estimating work.
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Memorandum of Understanding
48th Ave. & Sundown Ct. Pavement Modifications
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3. The CITY and COUNTY agree that the pavement section for these roadway
improvements shall consist of two and a half (2'/2) inches of hot mix asphalt
overlying four (4) inches of crushed rock.
4. Portions of the south half of 48th Avenue between Woodruff Road and a point
approximately 300 feet east of Raymond Road will be removed, re- graded, and
repaved with an increased cross slope.
5. A 10 -foot wide asphalt channel will be constructed through the cul -de -sac at the
end of Sundown Court to direct runoff to the existing drywell
6. During the design process, the COUNTY and the CITY shall each provide a
representative to coordinate as a team with affected property owners relative to
the impacts to driveway approaches and driveway slope adjustments. In those
cases where driveway re- grading will be required beyond the right -of -way, the
CITY shall prepare and secure the authorizations necessary for the re- grading
from the property owners
7. The CITY shall review the plans and construction cost estimate, and shall
provide written comments to the COUNTY outlining any changes to the design
desired by the CITY. The COUNTY shall make modifications to the design to
address the CITY's comments.
8. The CITY shall approve the project plans prior to the release of the plans for
bidding. Such approval shall not be unreasonably withheld.
9. The CITY shall incorporate the plans prepared by the COUNTY into a bid
package, and shall bid the project. The bid documents shall clearly establish the
CITY's right to reject all bids. After the bids for a project are opened, the CITY
shall prepare the bid tabulation and provide a copy to the COUNTY.
10. The CITY's and the COUNTY's shares of the construction contract cost will each
be one -half the cost submitted by the lowest responsive bidder. The preliminary
construction cost estimate for the work contemplated is $157,000. If the total
amount bid by the lowest responsive bidder does not exceed $157,000, the CITY
may elect to proceed immediately with the award of the construction contract.
11. In the event that the total low bid amount exceeds $157,000, The CITY and the
COUNTY may 1) agree to reject all bids and revise the scope of the project and
rebid, or 2) agree to increase in the CITY's and the COUNTY's respective project
budgets equally to allow the work to proceed as bid with each party paying 50%
of the cost.
Memorandum of Understanding
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12. The CITY shall manage all components of the construction contract, and shall be
responsible for compliance with all provisions of the Revised Code of
Washington relating to public works contracts. The CITY's construction
management costs shall be borne entirely by the CITY.
13.The CITY and the COUNTY recognize that the actual CITY and COUNTY costs
may be different from the bid cost based upon final quantities and contract
change orders. The CITY shall present all proposed change orders to the
COUNTY during construction for acceptance by the COUNTY. The actual final
cost shall be shared equally by the CITY and the COUNTY. However, the
COUNTY shall not be responsible for any additional cost resulting from change
orders that have not been accepted by the COUNTY.
14. When all paving work is completed, the CITY shall send an invoice to the
COUNTY for the COUNTY'S portion of the project costs. The invoice shall be
accompanied by a copy of the final contract pay estimate and any contract
change orders. The COUNTY shall make payment to the CITY within 30 days of
receipt of the invoice and documentation.
15. Upon the CITY's final project completion and acceptance of the COUNTY's full
payment for construction costs, the CITY shall indemnify and hold harmless the
COUNTY from any and all current or future claims associated with the roadway
improvements on 48th Avenue east of Woodruff Road and on Sundown Court.
Any dispute between the COUNTY and CITY regarding the Agreement which
cannot be resolved between the COUNTY and CITY shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first
be reduced to writing. If the County CEO and the City Manager or his designee
cannot resolve the dispute it will be submitted to arbitration. The provisions of
chapter 7.04A RCW shall be applicable to any arbitration proceeding.
The COUNTY and the CITY shall have the right to designate one person each to
act as an arbitrator. The two (2) selected arbitrators shall then jointly select a
third arbitrator. The decision of the arbitration panel shall be binding on the
PARTIES and shall be subject to judicial review as provided for in chapter 7.04A
RCW.
The costs of the arbitration panel shall be equally split between the Parties.
16. The COUNTY hereby appoints and CITY hereby accepts Kevin Cooke as the
COUNTY'S designee for the purpose of administering this Agreement. CITY
hereby appoints and COUNTY hereby accepts Steve Worley as CITY'S designee
for the purpose of administering this Agreement.
Memorandum of Understanding
48th Ave. & Sundown Ct. Pavement Modifications
SPOKANE COUNTY:
By:
arshall Farnell, Chief Executive Officer
CITY OF SPOKANE VALLEY:
By:
M son, ity Manager
Date: 7111 l Z
Date: _74
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