HomeMy WebLinkAboutACHD Water Sewer Construction Ustick Ten Mile to Linder - Sent to Mike Barton on 12-17 AMENDMENT NO. 1
TO INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND
SEWER CONSTRUCTION
USTICK RD, TEN MILE RD TO LINDER RD
ACHD PROJECT NO. 521052
This Amendment to the Interagency Agreement for Roadway Construction/Water and
Sewer Construction,Ustick Rd,Ten Mile Rd to Linder Rd(the"Amendment")is made and entered
into effective day of January, 2026 by and between ADA COUNTY HIGHWAY
DISTRICT, a body politic and corporate 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").ACHD and MERIDIAN may be referred to individually as a"Party"
or collectively as "Parties"throughout this Amendment.
RECITALS
WHEREAS ACHD is a single county-wide highway district organized and existing under
the laws of the State of Idaho, with 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 on August 12, 2025, the Parties entered an Interagency Agreement for
Roadway Construction/Water and Sewer Construction, Ustick Rd, Ten Mile Rd to Linder Rd
("Agreement") providing for a cooperative effort to incorporate into the DISTRICT's road
construction projects know as Ustick Rd., Ten Mile Rd to Linder Rd,ACHD Project No. 521052
("Project") certain modifications or improvements to CITY owned facilities, including
constructing new water and sewer main, installing a water valve, rehabilitation existing sewer
main, adjusting water valve boxes and covers and the sewer manholes to grade, and correction
potable/non-potable spacing issues (collectively, "City Water and Sewer Improvements") as
detailed in Project, to be constructed pursuant to a separately-executed agreement between
DISTRICT and the selected Contractor("Contract"); and
WHEREAS Section 2.£of the Agreement states that the CITY shall 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.
WHEREAS the Parties now desire to amend the Agreement to allow for reimbursement
payments pursuant to the terms of this Amendment No. 1 ("Amendment").
Amendment No. 1 to the Interagency Agreement (Project 521052) between City of Meridian and ACHD
Dated 08.12.2025
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the recitals, which are
incorporated in this Amendment, and in consideration of the premises and the agreement
hereinafter contained,ACHD and CITY agree as follows:
SECTION 1. Definitions.All capitalized terms in this Amendment that are not defined herein shall
have the same meaning ascribed to them in the Agreement.
SECTION 2. Recitals. The recitals above are incorporated into the body of this Amendment.
SECTION 3. Amendment to Payment of Reimbursable Project Costs. The following is added to
Section 2 (f) as follows:
Reimburse DISTRICT for 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.
SECTION 4.Amendment No. 1 of the Interagency Agreement.The Agreement,except as modified
by this Amendment to the Agreement, shall remain in full force and effect.
SECTION 5. Miscellaneous.
5.1 Binding Effect.
This Amendment to the Agreement shall be binding upon and inure to the benefit of the
parties hereto and their successors and assigns.
5.2 Attorneys'Fees.
Should any party fit it necessary to employ an attorney for representation in any action
seeking enforcement of any provisions of the Amendment No. 1 to the Cooperative Development
Agreement or the Cooperative Development Agreement to protect its interests in any matter arising
under these agreements, or to recover damages for the breach of these agreement,or to resolve any
disagreement in interpretation of these agreements, the unsuccessful party in any final judgment
entered therein agrees to reimburse the prevailing party for all reasonable costs, charges and
expenses, including attorneys' fees, expended or incurred by the prevailing party in connection
with and in connection with any appeal, and the same may be included in such judgment.
5.3 Counterparts
This Amendment may be executed in counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument.
Amendment No. 1 to the Interagency Agreement (Project 521052) between City of Meridian and ACHD
Dated 08.12.2025
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and year
first above written.
CITY OF MERIDIAN:
By:
Name: Robert E. Simison
Its: Mayor 12-16-2025
Attest:
by: Chris Johnson City Clerk 12-16-2025
ADA COUNTY HIGHWAY DISTRICT
By:
Name: Miranda Gold
Its: President, Board of Commissioners
Amendment No. 1 to the Interagency Agreement (Project 521052) between City of Meridian and ACHD
Dated 08.12.2025