HomeMy WebLinkAboutACHD Interagency Water/Sewer Improvements for Eagle Rd, Amity to Lake Hazel Rd. etc. Project 519034&319043 sent to legal 12-13 EIDIA1�-ftwool 1vlayor Robert E. Simison
City Council Members
Public Works I D A H Joe Borton John Overton
Liz Strader Jessica Perreault
Department BradHoaglun Luke Cavener
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TO: Mayor Robert E. Simison
Members of the City Council
FROM: Troy Thrall—Staff Engineer II
DATE: November 29, 2023
SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY
DISTRICT AND THE CITY OF MERIDIAN FOR WATER,AND SEWER
IMPROVEMENTS FOR EAGLE RD,AMITY RD TO LAKE HAZEL RD. AND EAGLE
/LAKE HAZEL INTERSECTION, ACHD PROJECT NO. 519034 & 319043
REQUESTED COUNCIL DATE: December 12, 2023
I. RECOMMENDED ACTION
A. Move to:
1. Approve the attached agreement with the Ada County Highway District.
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Troy Thrall—Staff Engineer II 208-489-0438
Kyle Radek—Assistant City Engineer 208-489-0386
Clint Dolsby—Assistant City Engineer 208-489-0341
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Public Works Director 208-985-1259
III. DESCRIPTION
A. Background
ACHD will be widening Eagle Road to five lanes between Amity Road and Lake Hazel Road as
well as re-building the intersection of Eagle and Lake Hazel Road as part of their 2024 roadway
program. As a utility within the public right of way, the City is responsible for adjustment of
Public Works Department . 33 E. Broadway Avenue, Suite 200,Meridian, ID 83642
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org
water and sewer infrastructure to allow for roadway projects. As part of the construction, City of
Meridian utilities are being adjusted to meet required clearances. The construction will also allow
the City to stub out utilities for future development.
B. Proposed Project
ACHD will improve Eagle Road from Amity Road to Lake Hazel Road and the Eagle/Lake Hazel
Intersection. During construction, ACHD will have City of Meridian water and sewer
improvements installed by their contractor. The water portion will consist of the adjustment of
8-inch and 12-inch PVC and HDPE, 8-inch and 12-inch gate valves, fire hydrants, subsequent
adjustments of water valves, and the installation of water service stubs. The sewer portion will
consist of the adjustments to existing manholes within the road corridor.
IV. IMPACT
A. Strategic Impact:
This project is aligned with the Public Works objective of being opportunistic in planning for
growth and infrastructure needs.
B. Fiscal Impact
The costs of the City of Meridian infrastructure improvements are estimated to be $843,040 and
will be funded from the different accounts, as shown below. The actual costs will be presented
to Council for approval following the bid opening for this project.
Project Costs:
----------------------------------------------------------------------------------------------------------
Fiscal Year 2024
------------------------------------------ ----------I------------------•--------------------------------
Eagle Rd,Amity to Lake Hazel _ _ - -- $166,472
--- - -------------------- -
Eagle/Lake Hazel Intersection $676,588
r - -------------r-----------------i------------------'
Total ; $843,040
-----------------------------------------------------1--------- -------
Proiect Funding
----------------------------------------------------------------------------------------------------------
Fiscal Year 2024 Account Code/Codes
-----------------------------------•-----------------------------------i--------------------------- ----
Water Main Extensions 3490-96140 $824 780
___________________________________Y--_----_--------------------------- .---------------.-----.----.---- y
Sewer Main Extensions 3590-93505 $18,260
----------------------------------- --------------------------------------------------------------------
Total Funding ; $843,040
V. TIME CONSTRAINTS
ACHD plans to start construction on this project in January 2024. City approval of this agreement is
required for ACHD to install sewer and water improvements as part of their project. This agreement
is on the ACHD Commission agenda for the December 13, 2023. ACHD plans to award the bid for
this project in January 2024.
VI. LIST OF ATTACHMENTS
A. Interagency Agreement between Ada County Highway District and the City of Meridian for
water,reclaimed water and sewer improvements.
Page 2 of 3
Approved for Council Agenda: �A
Page 3 of'3
1Z ACHD
connecting you to more
INTERAGENCY AGREEMENT FOR:
ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION
LAKE HAZEL ROAD AND EAGLE ROAD
EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
ACHD PROJECT NOS. 319050 / 521043
THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND
SEWER CONSTRUCTION ("Agreement") is made and entered into this 12th day of
December , 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 nos. 319050 and 521043.
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 road construction projects known as LAKE HAZEL ROAD
AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD ("Project" or
"Project Boundaries"), certain modifications or improvements to City owned facilities, including
constructing water and sewer services, adjusting water valve boxes and covers and
sewer manholes to grade, and correcting potable/non-potable spacing issues
(collectively, "City Water and Sewer Improvements") as detailed in Project nos. 319050 and
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 1 of 10
521043, 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 and Sewer 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 indirect costs and expenses that DISTRICT incurs as a result of the additional work
attributable to the modification or installation of the City Water and Sewer 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 roadway reconstruction and
City Water and Sewer Improvements referenced herein, which CONTRACT shall
include, inter alia, a provision that all work required for the City Water and Sewer
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. Adjustment of water valve boxes and covers to grade shall include reconstruction
in conformance with ISPWC Section 404, and
ii. Adjustment of sewer manholes to grade shall include reconstruction in
conformance with ISPWC Section 602.
b. Provide MERIDIAN with a complete set of combined bid documents for the roadway
reconstruction, and for the City Water and Sewer 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 and Sewer 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 and Sewer 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 and Sewer
Improvements from the Project and if applicable, the rebidding of the Project.
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 2 of 10
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 and Sewer 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 and
Sewer Improvements.
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 and Sewer 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 roadway.
Centerline or offsets and stationing shall be established prior to the City staking any
sanitary sewer or 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 and Sewer 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 and
Sewer 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 and Sewer 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
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 3 of 10
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 and Sewer Improvements incorporated into the Project and installed and
adjusted 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 and Sewer Improvements to be incorporated into the Project and
included in the bid documents for the CONTRACT (all work required for the City Water
and Sewer 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 and Sewer 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.
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 4 of 10
g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer
Improvements from one-foot (V) 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 and
Sewer 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.
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 and Sewer
Improvements or to the removal of any or all items from the CONTRACT that are
associated with the installation of the City Water and Sewer 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 and Sewer 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 and Sewer 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:
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 5 of 10
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 sewer 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
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,
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 6 of 10
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
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 and Sewer
Improvements, regardless of whether prior approval has been given by DISTRICT to
MERIDIAN.
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 7 of 10
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 Alexis Pickering
Director President, Board of Commissioners
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 8 of 10
ATTEST: CITY OF MERIDIAN
By:
By:
Chris Johnson Robert Simison
City Clerk 12-12-2023 Mayor 12-12-2023
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this day of 2023, before me, the
undersigned, personally appeared ALEXIS PICKERING 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.
Interagency Agreement for Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 9 of 10
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 Idaho
My commission expires:
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this 12th day of December 2023, before me, the
undersigned, personally appeared ROBERT SIMISON and CHRIS JOHNSON, Mayor and City
Clerk respectively of the CITY OF MERIDIAN, 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 Roadway Construction and Water and Sewer Construction
LAKE HAZEL ROAD AND EAGLE ROAD and EAGLE ROAD, LAKE HAZEL ROAD TO AMITY ROAD
Project Nos. 319050 and 521043
Page 10 of 10