HomeMy WebLinkAboutACHD Interagency Water System Interconnect vault and Water System Connections Project No. 915001.004 INTERAGENCY AGREEMENT FOR:
WATER SYSTEM INTERCONNECT VAULT AND WATER SYSTEM CONNECTIONS
CONSTRUCTION
FRANKLIN RD
ACHD PROJECT NO. 915001.004
THIS INTERAGENCY AGREEMENT FOR
WATER SYSTEM INTERCONNECT VAULT AND WATER SYSTEM CONNECTIONS
CONSTRUCTION
("Agreement") is made and entered into this 3rd day of January , ; 2023
by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under
the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a
municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"),
regarding ACHD Project no. 915001.004.
RECITALS
WHEREAS, ACHD is a single county-wide highway district, a public entity, organized
and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with
the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-
of-way in Ada County;
WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho
Code Title 50, as amended and supplemented with jurisdiction, authority and police power to
regulate and control municipal activities within the City;
WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may
contract with any one or more other public agencies to perform any governmental service,
activity or undertaking which each public agency entering into the contract is authorized by law
to perform, provided that such contract is authorized by the governing body of each party and
that such contract shall set forth fully the purposes, powers, rights, objectives and
responsibilities of the contracting parties; and
WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to
incorporate into the DISTRICT'S facility construction projects known as FRANKLIN TRAFFIC
OPERATIONS CENTER ("Project"or"E. Franklin Road Approx. 1500 LF west of S. Cloverdale
Road to Approx. 1700 LF west of S. Cloverdale Road"), certain modifications or improvements
to City owned facilities, including constructing water interconnect vault with Veolia water,
adjusting hydrants, water valve boxes to grade (collectively, "City Water Improvements")
as detailed in Project no. 915001.004, to be constructed pursuant to a separately-executed
agreement between DISTRICT and the selected Contractor("CONTRACT"); and
WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including
the City Water Improvements in the Project plans, subject to the terms, conditions and
obligations set forth in this Agreement and so long as DISTRICT receives assurances by the
City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian- Project no. 915001.004
Page 1 of 9
indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable
to the modification or installation of the City Water Improvements within the Project Boundaries;
and
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements herein contained, the parties hereto agree as follows:
1. DISTRICT SHALL:
a. Be the party responsible for soliciting, receiving and opening of bids and for executing
and administering the construction CONTRACT for the construction and City Water
Improvements referenced herein, which CONTRACT shall include, inter alia, a
provision that all work required for the City Water Improvements shall be performed in
conformance with the most current edition of the Idaho Standards for Public Works
Construction (ISPWC) and the most current City of MERIDIAN Supplemental
Specifications to the ISPWC. It is hereby specifically agreed that:
i. Install water system interconnect vault and all associated valves, piping and
sample stations to make connection functional.
ii. Adjustment of water valve boxes and covers to grade shall include reconstruction
in conformance with ISPWC Section 404.
b. Provide MERIDIAN with a complete set of combined bid documents for the vault
construction, and for the City Water Improvements.
c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S
written concurrence with DISTRICT'S recommendation for award of the CONTRACT
prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge
that the City Water Improvements are and shall be subject to the terms and conditions
of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City
Water Improvements and if necessary, rebid the Project. MERIDIAN shall be
responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT
attributable to the removal of the City Water Improvements from the Project and if
applicable, the rebidding of the Project.
d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and
authority to work directly with the Contractor to resolve any claims relating in any way
to the City Water Improvements and that any such claims will be reviewed, approved
or denied by MERIDIAN including enforcement of the two (2) year warranty period to
be started at the date described in the final acceptance letter from MERIDIAN.
e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the
CONTRACT or work pursuant thereto that does or may impact the City Water
Improvements.
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 2 of 9
f. Make monthly progress payments and the final CONTRACT payment to the
Contractor in conformance with the terms of the construction CONTRACT.
g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City
Water Improvements if applicable and Contractor progress payment estimate, and the
final CONTRACT payment estimate, as such estimates are approved by DISTRICT
after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the
CONTRACT, together with an invoice for MERIDIAN'S share of the construction
CONTRACT costs earned by and to be paid to the Contractor.
h. As applicable, provide for the reference and replacement of all pre-existing survey
monuments within the Project.
i. Provide the field survey and grade control necessary for construction of the vault.
Centerline or offsets and stationing shall be established prior to the City staking any
potable water service lines, water valve boxes, manhole locations, and other City
facilities.
j. At the conclusion of the Project, submit to MERIDIAN written documentation of
expenditures with an invoice for payment of all costs and expenses the DISTRICT
incurs, in addition to those provided under paragraph 1.g. above, as a result of the
additional work attributed to the City Water Improvements within the Project
Boundaries, including but not limited to, costs or changed conditions, plan errors and
omissions, and delays attributable to design and/or installation of the City Water
Improvements.
k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from
expenses and against suites, actions, claims or losses of every kind, nature and
description, including costs, expenses and attorney fees caused by or arising out of
any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or
contractors while acting within the course and scope of their employment, which arise
from or which are in any way connected to the City Water Improvements. Such
indemnification hereunder by DISTRICT shall in no event cause the liability of
DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses
of attorney fees attributable to such negligent act, and shall not apply to loss, damages,
expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to
defend, indemnify and hold harmless is subject to the limitations of Idaho law, including
Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho
Tort Claims Act), and to any other limitations set forth in the Agreement.
2. MERIDIAN SHALL:
a. Provide the inspection, field survey and grade control required for the installation of all
City Water Improvements incorporated into the Project and installed and adjusted
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 3of9
under the CONTRACT and provide copies of appropriate tests and construction diaries
to the District Project Representative as designated by DISTRICT.
b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid
quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the
DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for
the City Water Improvements to be incorporated into the Project and included in the
bid documents for the CONTRACT(all work required for the City Water Improvements
to be performed in accordance with the most current edition of the Idaho Standards for
Public Works Construction (ISPWC), the City's Supplemental Specifications to the
ISPWC, and the City's Revisions to the Standard Specifications).
c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice
referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to
the approved progress payment estimate and the final CONTRACT payment estimate.
d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice
referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to
this Agreement.
e. Reimburse DISTRICT five percent(5%)of MERIDIAN'S construction costs attributable
to the City Water Improvements as payment toward the additional costs incurred by
DISTRICT, including overhead and benefits, and project administration costs which
include but are not limited to: public advertisement of the Project, supplying bid plans,
supplying construction plans, preparing and holding the preconstruction meeting,
generating monthly pay estimates and paying the Contractor, preparing change orders,
general construction project oversight, and maintaining construction project files.
f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly
meetings on a prorated basis. The prorated basis for the above items will be calculated
using the percentage of MERIDIAN'S project costs as they relate to the total project
construction costs.
g. Provide (at City's sole costs) trench compaction testing for the City Water
Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway
section; trench compaction testing shall be provided at the minimum frequency rate of
one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3)
transverse trenches; provide all re-testing required in any area that does not meet
CONTRACT requirements; and provide copies of tests for the area along the alignment
of the pipeline to the designated DISTRICT representative.
h. Be liable for the cost of repairing any trench failure attributable to the City Water
Improvements within the Project Boundaries, and be liable for and indemnify, defend
and hold DISTRICT harmless for any and all costs, claims, and damages resulting from
any such trench failure.
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 4 of 9
i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs
specifically enumerated herein, where such costs are attributable to the installations,
adjustments, relocations and abandonments of the City Water Improvements or to the
removal of any or all items from the CONTRACT that are associated with the
installation of the City Water Improvements.
j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from
expenses and against suites, actions, claims or losses of every kind, nature and
description, including costs, expenses and attorney fees caused by or arising out of
any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or
contractors while acting within the course and scope of their employment, which arise
from or which are in any way connected to the City Water Improvements. Such
indemnification hereunder by MERIDIAN shall in no event cause the liability of
MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses
of attorney fees attributable to such negligent act, and shall not apply to loss, damages,
expenses or attorney fees attributable to the negligence of DISTRICT. This duty to
defend, indemnify and hold harmless is subject to the limitations of Idaho law, including
Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho
Tort Claims Act), and to any other limitations set forth in the Agreement.
k. Work directly with the Contractor to resolve any claims relating in any way to the City
Water Improvements; any and all such claims will be reviewed, approved or denied by
MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of
outcome, DISTRICT from expenses and against suites, actions, claims or losses of
every kind, nature and description, including costs, expenses and attorney fees caused
by or arising out of any and all such claims regardless of the outcome of the City's
efforts to resolve said claims with the Contractor.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives
of each of the parties are as set forth in the Recitals above. Each of the Recitals above
is incorporated into the body of this Agreement.
b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of
the Project shall be based on the actual quantities of work acceptably performed and/or
installed, as determined from field measurements made by MERIDIAN, and paid for
pursuant to the unit, and or lump sum prices, established in the CONTRACT.
c. DISTRICT shall obtain MERIDIAN 'S approval prior to commencement of any change
order work involving the installations, adjustments, relocations and abandonments of
City water or facilities.
d. Prior to commencement of work by the Contractor, the parties will, together with the
Contractor, inspect within the entire Project Boundaries for the purpose of reviewing
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 5 of 9
the Project to locate any unstable areas and to resolve any items of concern or
misunderstanding.
e. This Agreement may not be enlarged, modified, amended, or altered except in writing
signed by both of the parties hereto.
f. All signatories to this Agreement represent and warrant that they have the power to
execute this Agreement and to bind the agency they represent to the terms of this
Agreement.
g. Should either party to this Agreement be required to commence legal action against
the other to enforce the terms and conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and costs incurred in said action.
h. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement
of this Agreement shall be instituted only in the courts of the State of Idaho, County of
Ada.
i. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
j. Nothing in this Agreement shall be construed to be an indebtedness or liability in
violation of Article VIII, Section 3 of the Idaho Constitution.
k. The validity, meaning and effect of this Agreement shall be determined in accordance
with the laws of the State of Idaho.
I. This Agreement and the exhibits hereto constitute the full and entire understanding
and agreement between the parties with regard to the transaction contemplated herein,
and no party shall be liable or bound to the other in any manner by any representations,
warranties, covenants or agreements except as specifically set forth herein.
m. The promises, covenants, conditions and agreements herein contained shall be
binding on each of the parties hereto and on all parties and all persons claiming under
them or any of them; and the rights and obligations hereof shall inure to the benefit of
each of the parties hereto and their respective successors and assigns.
n. If any part of this Agreement is held to be illegal or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extent reasonably possible.
o. The failure of a party to insist on the strict performance of any provision of this
Agreement or to exercise any right or remedy upon a breach hereof shall not constitute
a waiver of any provision of this Agreement or limit such party's right to enforce any
provision or exercise any right. No acknowledgments required hereunder, and no
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 6 of 9
modification or waiver of any provision of this Agreement or consent to departure
therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN.
p. The headings used in this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
q. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but both of which together shall constitute one and the same.
r. The parties hereto agree that nothing herein contained shall be construed to create a
joint venture, partnership or other similar relationship which might subject any party to
liability for the debts and/or obligations of the others, except as otherwise expressly
agreed in this Agreement.
s. This Agreement is not intended to create, nor shall it in any way be interpreted or
construed to create, any third-party beneficiary rights in any person not a party hereto.
t. All parties have been represented by legal counsel, and no party shall be deemed to
be the drafter of this Agreement for purposes of interpreting an ambiguity against the
drafter.
u. Time shall be of the essence for all events and obligations to be performed under this
Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely
comply with any of its obligations hereunder, DISTRICT shall have no obligation
whatsoever to incorporate, facilitate, and/or complete the City Water Improvements,
regardless of whether prior approval has been given by DISTRICT to MERIDIAN.
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 7 of 9
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day
and year herein first written.
ATTEST: ADA COUNTY HIGHWAY DISTRICT
By: By:
Bruce Wong Ma ay
Director Presi 1rd)Commissioners
ATTEST: CITY OF MERIDIAN
By: By:
Chris Johnson 1-3-2023 Robert E. Simison 1-3-2023
City Clerk Mayor
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian—Project no. 915001.004
Page 8 of 9
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this day of i ' 2022, before me, the
undersigned, personally appeared MARY AY and BRUCE WONG, President of the Board of
Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body
politic and corporate, known to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of said
body.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. /
i
°•��l L SpF��°'•
C4; Comm.62051 _ Notary Public f daho
• Residing at1��5Cs , Idaho
&s••pUAC, ��•. My commission expires: August 13, 2025
T 9Q'
�'�.`9•TE.OF•1'���•
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this 3rd day of January 2023 before me, the
undersigned, personally appeared Robert E. Simison and
Chris Johnson , Mayor and City Clerk respectively of MERIDIAN CITY, a
municipal corporation, known to me to be the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same for and on behalf of
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public for Idaho
Residing at Meridian , Idaho
My commission expires: 3-28-2028
Interagency Agreement for Water systems interconnect vault and water systems construction
Franklin Rd, City of Meridian- Project no. 915001.004
Page 9 of 9
City of Meridian
and Suez Water
Franklin Road Interconnect
Construction Cost Estimate
April 20, 2022
Item No. Item Description Estimated Unit Unit Item
Quantity Price Total
307.4.1.G.1. TYPE P SURFACE RESTORATION 27 SY $150.00 $4,050.00
401.4.1.A.1.a.6"PVC,AWWA C900, DR18 WATER MAIN 8 LF $140.00 $1,120.00
401.4.1.A.1.b.8"PVC,AWWA C900, DR18 WATER MAIN 44 LF $140.00 $6,160.00
401.4.1.A.1.c. 12"PVC,AWWA C900, DR18 WATER MAIN 97 LF $160.00 $15,520.00
401.4.1.C.1. FLOW METER VAULT 1 EA $48,000.00 $48,000.00
402.4.1.A.1.a.6"GATE VALVE 1 EA $1,800.00 $1,800.00
402.4.1.A.1.b.8"GATE VALVE 3 EA $2,600.00 $7,800.00
402.4.1.A.1.c. 12"GATE VALVE 2 EA $3,600.00 $7,200.00
403.4.1.A.1. FIRE HYDRANT ASSEMBLY WITH LOCATE STATION 1 EA $4,600.00 $4,600.00
404.4.1.B.1. SAMPLE TAP 1 EA $1,600.00 $1,600.00
SP-M04004 2"BLOW-OFF ASSEMBLY PER MERIDIAN SD-W13 1 EA $3,000.00 $3,000.00
SP-M04007 ABANDON EXISTING FIRE HYDRANT 1 EA $3,000.00 $3,000.00
Total i $103,850.00
20%Contingency $20,770.00
Budget Total $124,620.00
Construction Estimate-COM-SUEZ Interconnect.xls 4/20/2022