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
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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:
$318.303.58 Contract Completion ~ ++~ ~ ~~ 0
ENDED: (C+JNSTRiJCTtON ABANAtiER) ACOepted (CpnteaCtOr) _ .A ~I ~
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aGREEMENTFOR:
ROADWAY CONSTRUCTION /SEWER & WATER WNE IMPROVEMENTS
OVERLAND ROAD, TOPAZ AVENUE TO CLOVFRDALE ROAD
ACRD PROJECT NO.504002
THIS AGREEMENT made and entered into this~~day of ~x 2006, by
and beiween the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of
Comm~sianer6 hereinafter caged DISTRICT, as first party, and the CITY OF
MERIDIAN, a municipal oorporaUon, by and through Its Mayor and City Council
hereinafter ceAed MERIDIAN as second party, both parties being a body politic and
corporath of the State of Idaho.
WITNES$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;
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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;
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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
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Susan Slaughter J. 3ci~e r
Senior Administrative A~isiant Directs
ATTEST: CITY OF MERI
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By, ~
giam O. Berg, Jr. 3
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Clay Cierk 8
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