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Home My WebLink AboutCooperative Agreement with Ada County Highway District ACHD for ROADWAY CONSTRUCTION I WATER FACILITY ADJUSTMENTS & RELOCATIONS A G R EE M E NT FOR: ROADWAY CONSTRUCTION I WATER FACILITY ADJUSTMENTS & RELOCATIONS W 1ST STREET - WASHINGTON AVENUE TO CHERRY LANE ACHD PROJECT NO. 806023.001 THIS AGREEMENT made and entered into this ~day of 4.PtZ/L .2007, by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter called DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party, both parties being a body politic and corporate of the State of Idaho. WITNESSETH WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share the tasks and costs of rebuilding the roadway of West 1st Street between Washington Avenue and Cherry Lane, including water facility adjustments and relocations as detailed in Project Number 806023.001, hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as part of the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the adjustment and relocation of the water facilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the water facility design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement 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 for the adjustment and relocation of the water facilities work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; Page 1 of 5 d. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT; e. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such estimates are approved by DISTRICT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to Contractor; f. Provide for the reference and replacement of all pre-existing survey monuments within the work area; g. Provide the trench compaction testing for the water line facilities from 1-foot 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 five hundred (500) lineal feet per foot of trench depth; provide all re-testing required in any area that does not meet CONTRACT requirements; and h. Provide the field survey and grade control necessary for 'construction of the roadway. Centerline or offsets and stationing shall be established prior to MERIDIAN staking water facilities. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT and provide copies of appropriate tests and diaries to the District Project Representative; b. Provide DISTRICT with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse the DISTRICT, up to a maximum of $8,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, project administration, Page 2 of 5 compaction testing, and soils work required solely for the adjustment and relocation of the water facilities; mobilization, traffic control, flagging, detours, and weekly meetings shall be reimbursed on a prorated basis. The prorated basis for the above items will be calculated using the percentage of the MERIDIAN'S project costs as they relate to the total project construction costs; f. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify the District for any and all costs and damages resulting from any such trench failure; and g. Reimburse District for any additional costs to District attributable to the adjustment and relocation of the water facilities or to the removal of any or all items from the Contract that are associated with the adjustment and relocation of the water facilities. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project to be reimbursed to DISTRICT by MERIDIAN shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; 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; Page 3 of 5 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; and I. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT BY:~e.- ~( Susan Slaughter Senior Administrative Assistant ~ ATTEST: By: William G. 8erg,~r. City Clerk ~ / " 'i "Af ~ ,......" ,,~ '/<'/// ~'( . ~ \\,,~~<p~ 1;'1 r~ ~~ 110 \\\\ ~ - '-/"'''' -~ # J 111111/1111'\\1 J- 2.1...01 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this ll.vC- day of ~ . 2007. before me. a notary public in and for said state, personally appeared WILLIAM J. SCHWEITZER known to me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person Page 4 of 5 who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .'1'........... ~..... S LA lJ ### ,~ d. OL.. #.. .... ~ ~.......... ~;r ~ .. .. -~ . -rr ~ ! ~... ...~ '- = ~. 01: A.R b. .. '"P · : ~: ~' ~. ~ -Ct'.). ~ .. : : ..... : * : :*~ \G:: ~ · PUB\... .. : -:, .. ;I 0 :: ~ i.P e.. a~~ ~ :* 4Il'~ .;n ..r<j .... .. .. '\> 't"'r ....... '#~"" l' E 0 f \ ...... .-.'1".1....'..... ~~ ~l~~ Notary Public for Idaho Residing at ~ , Idaho My commission expires: L\-<6 -2009 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 10+tr-. day of ~Z . 2007. before me, the undersigned, personally appeared TAMMY EWEERD and WILLIAM G. BERG, JR., 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. ....... ..!.~QN'~... "'~OT..f~~ #0... . I ...... . ' . . : . . . , . . . \ I . \ ' . · fn. \ " . .&~,~~ '. ..1.ii:~IJh\Q-:~.. .. OF rom. ........ ShevJ fVl ~~.~ Notary Public for Idaho Residing at j, U l f:Jc" , Idaho My commission expires: / ()-/~- II Page 5 of 5