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HomeMy WebLinkAboutChange Order No. 1 with Ada County Highway District ACHD for Overland Road Water and Sewer Topas to CloverdaleCITY ~ MERIDIAN 33 EAST IDAHO MERIDIAN. ~ 8384? CONTRACT CtiANC,E ORDER Ct~rlge alder Nc 1 Projetx Nu+r~er: 0618b Date: 3/31/2009 Effacsiv~e Cate: 3/31/2009 CONTRACTOR: A,da county Higltiway Di~rict PROJECT: Overlaed Road Water and Sewer • Topaz to Cloverdale t>asuipdw+: 1) Trams Caltrd signs. barer, ileums. rnaetu~s, and 2j Mo- of tratAc control egtrfpm~n! and personal 3? Cry orrerhead cat 6p ACtiD 4j b) 6) 7j Reason for Order: Atoms: GIIANt3E 8i CONTRACT CFIA[lKiE IN CONTRACT TAMES: ~;~ ~~ Price: ,397.E Oei~nal Coeebaet C.orr-p~or! Oate: O1 C~-tract Da Net is femn prevt+ws C.O.'s.: Net Days change 6oem peeviotrs C.O: s: No. ~ to 4 ~. $ to Q $1.946.00 Cortbact Prise Prior to Utis C.O.: Contract Carrsple6on Cate bef~e this C.O.: $300.343.80 Contract Cam before ttlis C.C 0 Net Increase (deorasse) o! ~ C.Q.: AtBt Days tnorease (d~rease) of ttus C.O.: $17.958.65 Contr~t Price t~ ~ ApproaeCl C.O: s: Ca~tract Comptetian Date vrritfi alt approved C.O.'s: $318.303.58 Contract Completion ~ ++~ ~ ~~ 0 ENDED: (C+JNSTRiJCTtON ABANAtiER) ACOepted (CpnteaCtOr) _ .A ~I ~ LG aa~: ~_ ~_ ~~ Date. y{-tv v~ APPROVED: ~cmr .,,~~ cat~tcit. aPPROVAt. ~~`y ~ H ~`' ~~ %4 ~ ~` ~- ~, ~ ~ ~` Te '' sr tom! wares ~ o aPPt~OVED:~ .,~ ,~~~ ~, aTres J '' $~AL ~ c ~ ~~1 1:!!G~~ tfe W mm T / : By: C&yr Ctetk, Jaycee MoGpan• pGC 1 ~ '~ ~ y gY- a ' ` t t5 9 ~: L P . 0 ~. !] ~ Date: L i r , - ~, ~ ,9 ! • t- ~ .. -~.,.t, . ,.~~rNrlNl I! ptttttt 'V aGREEMENTFOR: ROADWAY CONSTRUCTION /SEWER & WATER WNE IMPROVEMENTS OVERLAND ROAD, TOPAZ AVENUE TO CLOVFRDALE ROAD ACRD PROJECT NO.504002 THIS AGREEMENT made and entered into this~~day of ~x 2006, by and beiween the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Comm~sianer6 hereinafter caged DISTRICT, as first party, and the CITY OF MERIDIAN, a municipal oorporaUon, by and through Its Mayor and City Council hereinafter ceAed MERIDIAN as second party, both parties being a body politic and corporath of the State of Idaho. WITNES$ETH WHEREAS, the DISTRICT and MERIDIAN desire th undertake a Joint effort to share the tasks and testa of reaonsiructing from Overland Road, Topaz Avenue to Cloverclale Road, inducting water end sanitary sewer inataAations as details in Project Number 504002 hereinafter referred to as the CONTRACT. WHEREAS, the DISTRICT is wUling to accromnrodath MERIDIAN'S request by arranging for installation of the water Una and the sanftary severer pipeline as part of the Project plans ~ long as the DISTRICT receives essuranc~s that the DISTRICT will be fully reimbursed for alt crosts and expenses ft incurs as a result of additional work afftibu~d to the InstaOation of the water lines and the sanitary sewer pipelines within the Projecx boundaries. including but not limited to, costs tar changed ~nditlons, plan errors and omissions, and delays attrftsutable to the water line or the sanitary sewer pipeline design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual oovenarrts and agreement herein contained, the parties hereto agree as faAows: 1. DISTRICT 8HALL: a. Be the party responsible for so{idting, recetain9, and opening of bids and for exetxjting end admin~tering the construct~n CONTRACT for the roadway naxanstructlon, and sanitary seuaer and water line installaton work referenced herein; b. Provide MERIDIAN with a complete set of combined bid documerrts for the roadway reconatruc8an, and for the sanftery sewer and water line installation work referencx~d herein; Page 1 of a o. Furnish MERIDIAN with en abstract of aA bids received, and obtain MERIDIAN'S cxincumence with DISTRICTS recommendaflon for award of the CONTRACT prior to making such award; 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 ~ earned by and to be paki to Contractor, f. Provide for the reference and replacement of aA prre-e~dsting sunray monumeMa within the work area; g. Provide the trench crompaation besUrtg for the sanAary sewer and water Iine facAifl~ from 1 foot above the pipe mne to sutrgrade of the roada+ay seen: trench c~mpacflan testing shall be provided at the minimum frequency rate of one (1) fast per five hundred (500) lineal feet par foot of trench depth; provide all re-tagling required in any area that dog not meet CONTRACT requirements; and h. Provide the field survey and grede control necoaarery for construction of the roadway. Centerifne or onsets and stetianing shaA be established prior to MERIDIAN staking unitary sewer, water lines, manhole kx:aHorts, and service Imes. 2. MERIDIAN SHALL: a. Be the party respor~ible to provide the inspecAon, field survey and grade control requh~i tar the installatlan of aA sanitary sewer and water facilities instaged under the CONTRACT and provide espies of appropriate tests and diaries to the DiaMd Project Representative; b. Provide DISTRIGT with the construction plans, apedal provisbna, and unit bid quantities far the esnithry sewer and water flacilAies to be Included in the bid documents for the CONTRACT (all anork required far the sanitary sewer and water fadNfles to be performed In oonfom~nce with the 2005 Edition of the Idaho Standards for Public Works Construction (iSPWC) and the City of Merid~rr Stendani Spec(flcations and Drawings); c. Remit to DISTRICT. within thhty flue (35) cailendar days after the date of invoice therefore, aA funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; Page Z or 8 d. Remit to DISTRICT wittritr thirty-fhre (35) caiandar days after the data of invoice therefore, ell funds for which MERIDIAN is responslb~ pursuant to this Agreemerrf; e. Reimburse the DISTRICT, up to a ma~dmum of $B,t>t1D.00 for all costs incurred by the DISTRICT, irrduding overhead and benefits, project administratt~on, c:ompection testbx~, and sous work required solely for the r~natructlon of the san(thry sewer and water fadl(ties; mobilization. traffic control, flagging. detours, and weekly meetings shell be reimbursed on a prorated Isis. The prorated bests for the above items will be calculated using the percentage of the MERIDIAN 'S project as they relate to the total project cxfnstructfon costs: f. Be liable for the cost of repairing any trench failures attributable to failure of sanitary sewer arui water Imes within the boundaries identified In the Contract, and be Uabie for and indemnify the District for arty and all ~ and damages resulting from any such trench fanure; and g. Reimburse District for arty ~Iditiorral ~ to District attributable to the insthllafion of sanitary asarer and water lines or to the removal of any or all items from the Contract that are asaodated wait the installation of sanitary sewer and ureter ptpellrres. 3. THE PARTIES HERETO FURTHER At3REE THAT: a. The CONTRACT arrrount for the aenithry sewer and water portlon of the project m be reimbursed th DISTRICT by MERIDIAN shaA be based on the actual quantities of work arxeptebly perforated, and/or. installed, as determined from field measurements, and paid for pursuant to the unit, andlor lump sum paces established M the Contrast; b. MERIDIAN'S approval wAl be required for any change order work involving the sanitary sewer or water line installations; a Paor to commencasment of work try the Contractor, the parties will, together with the Contractor. inspect the entire project for the purpose of reviewing the project to Io~te and note any unstable areas and resolve any items of c~ncem or rnl~tnderstsnding; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not ire enlarged, modified, amended ar alters except b writing s~ned by both ~ the parties hereto; Pans s of a e? f. All signatories to this Agreement represent and warrant that they have the paver to execute this Agreement and to bind the agency they represent to the terms of this Agreemer~ g. Shook! either party to this Agreement be required ~ commence legal action agaktat the other m enforce the terms and oonditlor~s of this Agreement, the prevaiNng party shall be entitled to reasonable attorney's fees and costs ficurred in said ar;tlan; h. Any action at law, suit in equity, arbitration ar judicial proofing for the enforcement of this Agreement shall be instituted only fn the rxwrts of the Stste of Idaho. County of Ada; and i. This Agreement shag ire binding upon and Inure to the benefit of the personal representatives, heirs and assigns of the respeotlve parties herssto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year hereU first written. ATTEST: ~ DISTRICT ADA COUNTY HIGHWAY ~/ ~ ,'~/ Susan Slaughter J. 3ci~e r Senior Administrative A~isiant Directs ATTEST: CITY OF MERI ,`~~~..~ uun~, ~`, ,~~~~,,' ~~~ s` a '' ~ By, ~ giam O. Berg, Jr. 3 ,~L T 'de eerd Clay Cierk 8 = ~r Pave a of a