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HomeMy WebLinkAboutTraffic Signal Installation, Construction, Maintenance Agreement with ACHD for Meridian Fire Station No. 5TRAFFIC SIGNAL CONSTRUCTION, INSTALLATION AND MAINTENANCE AGREEMENT This TRAFFIC SIGNAL CONSTRUCTION, INSTALLATION AND INTENANCE AGREEMENT is made and entered into this 1 ~/~ day of 200tS, by and between ADA COUNTY HIGHWAY DISTRICT ("ACH ") and City of Meridian ("Developer"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "ACRD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho whose address is 318 East 37th Street, Garden City, Idaho 83714-6499; the contact person at ACRD, and the person with authority to execute the ACRD approvals required hereunder is Gary Inselman, whose telephone number is (208) 387-6170 and whose fax telephone number is (208) 387- 6391. (b) The term "ACRD Requirements" shall mean the requirements set forth in the ACRD Planning Review Staff Report dated June 9, 2007, approved by the Commission at its regular meeting held on the 13th day of June, 2007, which Report, as so approved, is by this reference incorporated herein, and for purposes of this Agreement shall specifically refer to the 3rd paragraph of the ACRD staff report as set forth therein. (c) The term "Agreement' shall refer to this Traffic Signal Construction, Installation and Maintenance Agreement. (d) The term "Developer" shall refer to City of Meridian an Idaho Municipal Corporation, whose address is 33 E. Idaho, Meridian, Idaho 83642, whose telephone number is (208) 888-4433. (e) The term "Project" shall refer to the design, construction and installation of the traffic signals, poles, wiring, conduit, junction boxes, detector loops, foundations and other related facilities contemplated by the ACRD Requirements, and, if also called for in the ACRD Requirements associated with the construction and installation of the traffic signals, paving, curbs, gutters and sidewalks, striping and pavement marking, manhole adjustments and concrete collars, street lighting and/or relocation of irrigation and drainage facilities. Traffic Signal Agreement, page 1 (1 /30/08) S:\DSREVIEIM2-Commercial\20071Meridian\MCZC-07-225 Meridian Fire Station No. 5\1. Developer Install.doc (f) The term "Project Manager" shall refer to Patrick Dobie, an engineer licensed under the laws of the State of Idaho, who has been selected by Developer to manage and coordinate the design, construction and installation of the Project and who will serve as the contact person among the Developer, the Project contractor(s) and ACHD. The Project Manager's address is 777 H®arth Stone Drive, Boise, Idaho 83702 telephone number is (208) 345-3290, and fax telephone number is (208) 388- 0309. Please also contact Benchmark Construction, Inc., Keith Randall, Construction Manager, phone (208) 466-9400. (g) The term "Right-of--Way" shall mean the public right-of--way in Ada Couhty, Idaho under the jurisdiction of ACHD. (h) The term "Substantial Completion" shall have the same meaning as in the ACHD General Conditions for a construction contract, as follows: "The construction (of the Project) will be considered to be substantially complete when it can be safely used or occupied by the public for its intended purpose despite the fact that some item or items remain uncompleted." In the context of this Agreement, Substantial Completion is defined as having the traffic signal installed and operational; all unnecessary traffic control items removed; the area cleaned, maintained and swept; traffic signing complete; and, if called for in the approved design of the Project, striping and pavement marking, storm drain, irrigation and associated appurtenances, manhole adjustments and concrete collars and street lighting, all complete and operational. (i) The term "Traffic Signal Hardware" shall mean those items of equipment, hardware and cable required for the Project which are included among the items described on Exhibit "1" attached hereto. SECTION 2. Recitals. 2.1 ACHD is, or prior to commencement of construction of the Project will become, the owner of all of the Right-of--Way required for the Project. Some of this Right-of--Way may be dedicated TO ACHD by Developer, with a reserved right in Developer to construct and install the Project as agent for ACHD. 2.2 As the Project will provide ingress and egress to and from Developer's development and ACHD system of public highways for motorized and nonmotorized vehicles and pedestrian traffic, the costs of designing, constructing and installing the Project is the sole responsibility of Developer. Following acceptance of the Project into its system of highways as built in accordance with ACRD policies and approved designs, title to the Project will pass to ACHD and ACHD will have the responsibility to repair, maintain and replace the traffic signals as needed. Traffic Signal Agreement, page 2 (1 /30/08) S:IDSREVIElN12-Commercia112007\Meridian\MCZC-07-225 Meridian Flre Station No. 5\1. Developer Install.doc 2.3 To assure compatibility of the Traffic Signal Hardware with hardware for other traffic signals under the jurisdiction of ACHD, Developer will acquire the Traffic Signal Hardware from ACRD, at ACHD's invoice cost. 2.4 This Agreement is entered into by the parties for the purposes of complying with, and, to the extent of any conflict, supplementing, modifying and amending, the ACHD Requirements. SECTION 3. Developer's Responsibilities. At its sole cost and expense, Developer agrees to employ the Project Manager, enter into a contract for the design of the Project on, over, across and under ACRD Right-of--Way at the locations set forth in the ACHD Requirements, acquire the Traffic Signal Hardware from ACRD, and, as agent for ACHD, enter into a contract for the construction and installation of the Project in accordance with the Section 4 of this Agreement and designs approved by ACHD, in writing. SECTION 4. Design, Plans and Specifications; ACRD Written Approval. 4.1 The design of the Project, the preparation of the plans and specifications and the construction and installation pursuant thereto shall all be accomplished by Developer in accordance with the standards and requirements set forth in the ACRD Policy Manual, including, but not limited to: Section 3000-Project Design, Section 5101.1-Traffic Signal Design Procedures, Section 6000-Construction Services, Section 7000-Development Policy, Section 8000-Drawings & Storm Water Management, and ACRD Requirements as defined in Section 1(b) of this Agreement. In addition, the Project shall include and provide traffic signal interconnect conduit and wiring within the project and on all intersection approaches with collector road status and above, unless specified otherwise in the ACRD Requirements as defined in Section 1(b) of this Agreement. Each level and stage of the Project, the design, plans and specifications, installation and construction and related contracts entered into by Developer with respect to the Project, shall be subject to review, inspection and written approval by ACRD, and the construction itself shall be subject to the inspection and written acceptance by ACRD. 4.2 ACHD shall have access through Developer to all the designs, plans, specifications, reports, data and other materials (both digital and hard copy) produced by the Project Manager under this Agreement, and, in the event Developer fails or neglects to perform its obligations hereunder in the time and manner required under this Agreement, ACRD shall have unlimited authority to use and disclose the same, in whole or in part, without any restrictions or limitations with respect thereto. Developer agrees to so provide in its contract with the Project Manager. SECTION 5. ACRD Responsibilities and Obligations. Traffic Signal Agreement, page 3 (1 /30/08) S:\DSREVIEIM2-Commercial\2007\Merldfan\MCZC-07-225 Meridian Flre Station No. 511. Developer Install.doc 5.1 ACHD hereby agrees to: (a) review designs for the Project and answer questions concerning the same, as requested by the Project Manager. (b) conduct its review of the design in a timely fashion and agrees that it will use its best efforts to complete its review and provide its written response to the Project Manager within fifteen (15) working days after receipt of the same. (c) provide access to Developer, its employees, agents and contractors, to its Right-of--Way required for the Project. (d) perform a final inspection upon receipt of written notice that the Project is ready for final acceptance; when ACHD finds that the work is acceptable and that the Project is complete, ACHD will issue a written certificate of completion. 5.2 After ACHD has issued its certificate of completion accepting the Project into its system of highways as constructed and installed in accordance with ACRD approved designs and this Agreement, ACHD agrees to pay the costs and expenses of maintaining, repairing and replacing the Project, as needed. 5.3 Activation of any accepted traffic signal shall occur only when deemed warranted by ACHD in its sole discretion. SECTION 6. Completion; Warranty of Title. 6.1 The construction and installation of the Project will be considered to be substantially complete when ACHD has issued its letter of substantial completion and fully complete when ACHD has issued its written certificate of completion accepting the Project into its system of highways. 6.2 Upon the completion of the construction and installation of the Project, and the issuance by ACHD of its written certificate of completion, Developer warrants that the Project shall be located on Right-of--Way owned by ACRD, free and clear of all liens and encumbrances. SECTION 7. Dedication and Reservation of Access Easement. If any real property required for the Project is to be conveyed by Developer to ACHD as Right-of--Way, Developer will convey the same to ACHD prior to commencing installation and construction of the Project. In so dedicating Right-of--Way Developer reserves the right to access the same to construct and install the Project. SECTION 8. Appointment of Developer as Agent for ACHD; Permits Required. Traffic Signal Agreement, page 4 (1 /30/08) S:\DSREVIEWI2-Commercia1120071MeridianlMCZC-07-225 Meridian Fire Station No. 5\1. Developer Install.doc 8.1 ACHD hereby appoints Developer as its agent for the purpose of entering into contract(s) for the construction and installation of the Project in the Right-of--Way. If the contractor fails or neglects to perform its obligations under the construction and installation contract in a timely and competent manner called for in the contract in accordance with the designs, plans and specifications therefore approved by ACHD, and Developer fails or neglects to terminate such contract, ACHD may terminate this agency and assume the rights of Developer under the contract(s). ACRD may also terminate this agency as provided in Section 12.3 and pay the contractor(s) from the proceeds of the letter of credit or other security pledge to ACHD as required by Section 10. 8.2 Developer will ensure that the contractor constructing and installing the Project obtains all applicable permits to work in the Right-of--Way and pays all applicable fees for such permits prior to start of work under the construction contract. (This Agreement will not function as an ACRD permit to work in the public Right-of- Way). SECTION 9. Construction Contract; Proiect Manager's Certificate and As Built Drawings; Assignment of Contractor's Warranty. 9.1 As agent for ACRD, the Developer will enter into a contract for the construction and installation of the Project in accordance with the ACHD approved design. To assist the Developer in preparing such construction contract ACRD will make available its standard form of contract for public works of the nature of the Project. Without limiting what terms and provisions ACHD will require, the contract must include: (a) a requirement for substantial completion of the construction and installation of the Project in accordance with the approved designs, plans and specifications: (i) during the months of April to October, inclusive; (ii) within eleven (11) weeks from the date the Developer issues a notice to proceed to the Contractor, and (iii) no later than Septemb®r 30, 2008, and (iv) fully complete the Project within fourteen days thereafter. Subject to acts of God, war and delays excused or caused by ACRD, if the construction and installation is not substantially and/or completed within these time periods the contractor shall pay agreed liquidated damages; (b) require the contractor to maintain liability insurance insuring against bodily injury or death with limits of not less than $2,000,000 per person and per occurrence, and property damage with a limit of $1,000,000, naming the Developer and ACHD as co-insureds; (c) indemnify ACHD and Developer from any and all claims by third persons arising out of the performance of the contract for construction and installation; Traffic Signal Agreement, page 5 (1 /30/08) S:IDSREVIEW\2-Commercfa1120071Merid(an\MCZC-07-225 Meridian F(re Statlon No. 5\1. Developer Install.doc (d) provide that ACHD may terminate Developer's agency as provided in this Agreement and assume the powers and responsibilities of Developer under the construction and installation contract. 9.3 Upon completion of the Project, the Project Manager shall provide ACRD with: (i) a document signed by the Project Manager certifying that the Project was completed in accordance with ACHD approved designs and this Agreement; and (ii) record (as-built) drawings for the Project in 11 x 17 printed format. Electronic files will be submitted on 31/2 inch floppy diskette(s) formatted for an IBM compatible personal computer. 9.4 The acceptance of the construction and installation of the Project by the issuance by ACRD of its certificate of completion is deemed to be an assignment by Developer of the contractor's one (1) year warranty of the work and materials on the Project to ACHD. SECTION 10. Assurances. Developer will assure ACRD that it will perform its obligations hereunder in the time and manner provided herein, and it will pay the contractor (s) for the construction and installation of the Project by providing ACRD with an irrevocable and unconditional letter of credit in favor of ACRD in an amount equal to one hundred and ten percent (110%) of the amount of the contract for the construction and installation of the Project as estimated by ACHD, issued by either a national bank which has a branch in Ada County, Idaho or another financial institution with offices in Ada County, Idaho which is acceptable to ACHD, which letter of credit shall be delivered to ACRD prior to the award of any of such contract(s). In lieu of a letter of credit, the Developer may provide a cash bond or pledge other security acceptable to ACRD. When the contractor(s) have been paid and ACRD has issued its certificate of completion of the Project, such assurance shall be released to Developer. In its sole discretion, ACHD may allow the reduction of the assurance as the contractor(s) are paid during the course of construction. SECTION 11. Inspections. 11.1 Developer is responsible for all inspections and testing of construction of the Project, to be accomplished under the control and direction of the Project Manager as required by and in accordance with the ITD Quality Assurance Manual; provided, however, inspections of traffic signal related electrical, traffic control signs and pavement delineation shall be accomplished as required by and in accordance with the ACHD Supplemental Provisions to the 1999 Idaho Standards for Public Work Construction. Minimum quality control testing frequencies for inspection and testing shall conform to the ITD Field Test Manual. Upon the completion of each inspection or test the Project Manager shall provide ACRD with a copy of the inspection or test and for each inspection shall certify to ACRD that the construction to the date of the inspection is in substantial compliance with either the minimum specifications required Traffic Signal Agreement, page 6 (1 /30/08) S:IDSREVIE\M2-Commercia1120071Meridian\MCZC-07-225 Merldlan Fire Station No. 5\1. Developer Install.doc by the ITD Quality Assurance Manual or the ACHD Supplemental Provisions to the 1999 Idaho Standards for Public Work Construction, whichever is applicable. 11.2 In addition to inspection and testing by the Project Manager, ACRD shall have full access to the Project during construction for inspecting the same. SECTION 12. Time of Completion; Liquidated Damages: Remedies. 12.1 The construction and installation of the Project shall be substantially completed: (i) during the months of April to October, inclusive; (ii) within eleven (11) weeks from the date the Developer issues a notice to proceed to the Contractor and, (iii) no later than September 30r 2008 (the "substantial completion date"). 12.2 Subject to acts of God, war and delays excused or caused by ACHD, if the construction and installation contract is not: (i) substantially completed by the substantial completion date, and fully completed and accepted by ACHD within fourteen (14) days thereafter, Developer shall pay ACRD in either event, as agreed liquidated damages for inconvenience to the motoring public and not as a penalty, an amount equal to the sum of $500.00 for each calendar day of delay. Requests for extensions in the time for substantial completion will be submitted in accordance with applicable sections of the latest edition of the ACHD General Conditions for Developer Funded Projects. 12.3 Except for liquidated damages resulting from delays, the remedy for which is set forth in Section 12.2, in the event either ACRD or Developer fails or neglects to perform any other of its obligations hereunder in the time and manner required herein, the other party shall have all remedies at law or in equity for default of a contract. Without limiting the foregoing remedies, in the event Developer is the defaulting party ACHD may terminate the Developer's agency under Section 8.1 without terminating this Agreement or excusing Developer from its continuing obligation to pay liquidated damages under Section 12.2, in which event ACHD shall proceed to cause the contractor(s) to complete the Project, using the assurances provided by Developer under Section 10 to pay the contractor(s). SECTION 13. Attorneys' Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any of the provisions of this Agreement, or to protect its interest in any matter arising under this Agreement, or to recover damages for the breach of this Agreement, or to resolve any disagreement in interpretation of this Agreement, 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 therewith and in connection with any appeal, and the same may be included in such judgment. TrafFc Signal Agreement, page 7 (1 /30/08) S:\DSREVIEWI2-Cammercia112007UVleridlan\MCZC-07-225 Meridian Flre Station No. 5\1. Developer Install.doc SECTION 14. Notices. Any and all notices given by either of the parties hereto shall be in writing and deemed delivered when either: (i) delivered personally, or (ii) deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed to the other party as the address set forth in Section 1 or at such other mailing address as may be provided by written notice of such change given to the other party in the same manner as above provided. SECTION 15. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Idaho. SECTION 16. Amending Effect. This Agreement shall, to the extent of any conflict with the ACRD Requirements, modify, amend and supplement the same. Section 17. Incorporation of Exhibits. It is agreed that all exhibits to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. SECTION 19. Time of Essence. All times provided for in this Agreement or in any other instrument or document incorporated herein or contemplated hereby for the performance of an act will be strictly construed, it being agreed that time is of the essence of this Agreement. SECTION 20. Warranty of Authority to Execute. 20.1. The person(s) executing this Agreement on behalf of ACRD represent(s) and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall enure to the benefit of, ACHD. 20.2. If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this Agreement on behalf of Seller, the same is binding upon, and shall enure to the benefit, of Seller. SECTION 21. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Traffic Signal Agreement, page 8 (1 /30/08) S:IDSREVIEIM2-Commercia1120071Merldian\MCZC-07-225 Meridian Fire Station No. 5\1. Developer Install.doc ., o - ~ ,~ SEAL ~ ~ ,~ City of Meridian ~~~ C By: May my Deweerd ADA COUNTY HIGHWAY DISTRICT By: Gary Ins Im n Title: ACRD ROWDS Manager Traffic Signal Agreement, page 9 (1 /30/08) S:IDSREVIEWI2-Commercia112007\Meridian\MCZC-07-225 Meridian Fire Station No. 5\1. Developer Install.doc Exhibit "1" Trafftc Signal Hardware Preformed inductive signal loops (6ft x Eft) Trafficon video detection system 32" x 32" interconnect junction box AMCOR Utility vault 25-TA (splice vault for fiber optic cable) 6 PR copper interconnect cable 12 PR copper interconnect cable 25 PR copper interconnect cable 50 PR copper interconnect cable 75 PR copper interconnect cable fiber optic cable (6 fibers) fiber optic cable (36 fibers) fiber optic cable (72 fibers) West Penn #2815 cable for photo detection 3 conductor for emergency preemption Wall mounted interconnection centers for fiber optic cable ACHD type III, 18ft signal pole (includes foundation bolts) ACHD type IV, 35ft signal pole (includes foundation bolts) ACHD type IIIS, 18ft signal pole (includes foundation bolts) ACHD type V, 35ft signal pole (includes foundation bolts) Pedestrian signal pole, 10ft (includes foundation bolts) 40ft luminaire pole (includes foundation bolts) 35ft luminaire pole (includes foundation bolts) 33ft luminaire pole (includes foundation bolts) Oft pedestrian pushbutton pole (includes foundation bolts) ACRD Spec - 65ft mast arm ACRD Spec - 60ft mast arm ACHD Spec - 55ft mast arm ACRD Spec - 50ft mast arm ACRD Spec - 45ft mast arm ACHD Spec - 40ft mast arm ACRD Spec - 35ft mast arm ACRD Spec - 30ft mast arm ACHD Spec - 25ft mast arm ACHD Spec - 20ft mast arm 20ft luminaire arm 15ft luminaire arm 12ft luminaire arm 10ft luminaire arm 8ft luminaire arm Traffic signal head (vehicle 8 pedestrian) Astro bracket Loop detector amplifier Signal bracket (vehicle & pedestrian) Pedestrian push button assembly Luminaire Lamp for luminaire Photo electric control Traffic signal controller and cabinet Load switch Conflict monitor / malfunction management unit Electrical service cabinet 18in channelizer 24in channelizer Notes: 1.) Emergency Preemption detectors and phase selectors are not supplied by ACRD. The contractor will be required to purchase these items from the appropriate fire department. 2.) The contractor will be required to pay use tax for all items provided by ACRD. Traffic Signal Agreement, page 10 (1/30/08) S:IDSREVIEWI2-Commercia1120071MeridianlMCZC-07-225 Merldlan Fire Station No. 5\1. Developer Install.doc Price list Updated 01/22/2008 All pricing Is current for 2007-8 SI nal Location = Meridian Flre Station ties materials 8 Poles 9 ITEM Inv # Cost Quantity Total SI Poles T X U to 86' mastarm 22150 $ 4564.00 2 $ 9 128.00 T e XI U to 85' mastarm 22155 $ 5 720.00 $ 12' Pedestrian mountin Pole 23701 950.00 2 $ 1 900.00 40' mountin hel ht luminare ole 23000 $ 1 222.00 $ - , I lane F /ea "A" Pole Extension 17' 22180 1 103.00 $ "B" Pole Extension 5' add to "A" onl 22165 $ 812.00 "C" Pole Extension T 22188 959.00 Ma Arms 20' 23100 784.00 25' 23200 853.00 $ 30' 23300 $ 1019.00 35' 23400 1 155.00 2 $ 2 310.00 ~' 23800 1 219.00 45' 23800 1595.00 $ 60' 23700 1715.00 $ 55' 23800 2 234.00 80' 23800 2 994.00 65' 24000 $ 4384.00 $ Luminalre ArrhB 4' 23088 148.00 $ 6' 23099 151.00 8' 23028 $ 172.00 10' 23040 208.00 $ - 12' 23080 $ 254.00 $ 15' 23075 300.00 $ 1 ~ 23080 333.00 $ 20' 23020 $ 501.00 Eleetrica ServTce$ and Inalres 200 Am entrance 100 AMP dual meter dental 27848 1644.10 $ 200 AMP stn le meter service dental 27548 1 450.00 1 1450.00 250/400 Watt Luminalr~ ncludin bulb and shorts ca 21330 $ 318.58 al Bads ! Mourns 12" 3 Section ti/Al0 Ball LED 21120 559.00 8 $ 4 472.00 12" 3 Section IZ/A/G Arrow LED 21120 520.00 12" 4 Section R/A/G With BlModal A/O Arrow LED 21118 $ 898.00 $ 12" 5 Section Protected! Permissive LED 21117 925.00 SI nal Head Pole MounUn Bracket 21122 187.00 2 374.00 P Heads 'And Mo 18" Hand /Man LED Ped Head 27218 280.00 Pedestrian Push button assemblies 21401 1913.00 1 196.00 Pedestrian Head Mountin Brackets mounts 2 heads 21124 $ 170.00 $ _ C E me " d Cablrtets Naatec 881 T32-1 Controller 21820 2365.00 0.5 $ 1 182.50 Naztec Cromax Time Switch school flashers 21518 275.00 $ Naztec 31ze 8 T32-1 Control Cabinet 21821 7 025.00 0.25 $ 1 756 25 Naztec Size 8 TS2-1 Control Cabinet 21522 $ 9887.00 Can a Loo Am C824 21831 329.00 $ Video Detection Cameras 21532 3 528.50 Detection Loo N/A $ 100.00 $ - In avement Ped Xin Flasher Controller 8 Heads 21320 9 471.00 IFS Fiber O tic Dam Modems 21826 1,5132.00 $ IFS Fiber O tic Video Modems 25502 $ 2 000.00 Fiber O c 12 osltlon blank Wic Cabinet 26808 $ 33.00 6 osition WIC Termination Panel 25508 $ 77.00 $ 12 PoslUon WIC termination Panel 150.00 $ i S-40 T Boxes 27334 $ 190.00 S-45 T Boxes 27336 290.00 $ S-80 T Boxes 27337 $ 555.00 $ S-51 T Boxes 27338 $ 625.00 $ 32 X 32 Boxes 27336 $ 4130.00 $ S lice Vaults TA-#25 27339 $ 665.00 $ SI n Brackets 18220 $ 56.00 $ SI n Clam s 15225 $ 9.90 $ TOTAL 22 768.75