HomeMy WebLinkAboutAgreement for Roadway Construction with Ada County Highway District ACHD for Sewer and Water line improvements Ten Mile between Cherry and FranklinE IDIAN~--
Public ~ D A H O
Works Department
'TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Tim Cums, Transportation and Utility Coordinator
DATE: August 28, 2009
Mayor Tammy de Weerd
CDy C~wndl M~nd~~ep
Kelth Bird
Bmd Hoaglun
Charles Rountree
David Zaremba
SUB.IECT: REVISED AGREEMENT WITH ACHD FOR 1'EN MILE ROAD,
FRANKLIN ROAD TO CHERRY LANE
I. RECOMMF,NDF,D ACTION
A. Move to:
1. Approve the revised agreement for Ten Mile Road, Franklin Road to Cherry
Lane with Ada County Highway District; and
2. Authorize the Mayor to sign the revised agreement
I1. DEPARTMENT CONTACT PERSONS
Tom Harry, Director of Public Works 489-0372
Warren Stewart, PW Engineering Manager 489-0350
'i'im Cums, Transportation and Utility Coordinator 489-0342
John Boyd, Project Manager 489-0364
11I. DESCRIPTION
Background
A previous agreement for the Ten Mile Road, Franklin Road to Cherry Lane project
was approved by City Council on 8-22-06. This revised agreement has additional
language noting the installation of a reclaimed water pipeline. This pipeline will be
an important link in the system that will provide reclaimed water to the Ten Mile
Road interchange. The project will be bid soon and construction is scheduled to
begin in 2010.
Pege / oj3
IV. IMPACT
A. Strategic Impact:
This ageement allows for project cost savings and a reduction in the overall
duration of construction in the roadway. These benefits further the goals of the
Public Works Department to conduct projects in a fiscally responsible manner
and minimize impacts to the traveling pubic.
B. Service/Deliver~Impact
No Direct Impacts
C. Fiscal Impact:
A reduction in overall project construction cost will be realized due to ACHD
sharing costs such as administrative, traffic control, and mobilization. The City
also does not pay certain costs associated with separately constructing the
project, such as permanent pavement restoration and Storm Water Pollution
Prevent Plan administration.
V. ALTERNATIVES
Council may choose not to approve the amended ageement; however this is not
advisable as it may cause the project to be bid separately at a higher cost and could
potentially delay or complicate construction. This would also require Council to
nullify the previous ageement, which still stands as approved.
VL TIMF. CONSTRAINTS
Council's approval will allow the City's work to be bid out and executed with
ACEID's project. The timeline for inclusion of the work is tight and the project is
expected to be bid out within the next few months.
VI[. LIST Or ATTACIIMF.NTS
A. Original Agreement, approved 8-22-OG
B. Revised Agreement
Page 2 of 3
Approved for i"ouncil Agenda;
Tom Barry, Director of:Pu6lic Works Date
Page 3 of 3
AGREEMENTFOR:
ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS
TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE
ACHD PROJECT N0.504003
THIS AGREEMENT made and entered into this ~ day of i,wbik, 2009, 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 reconstructing Ten Mile Road from Franklin Road to Cherry
Lane, including water and sanitary sewer installations as detailed in Project Number
504003, hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
arranging for installation of potable and reclaimed water lines and the sanitary sewer
pipeline 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 installation of the water lines and the sanitary sewer
pipelines within the Project boundaries, including but not limited to, costs for changed
conditions, plan errors and omissions, and delays attributable to the water line or the
sanitary sewer pipeline 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 sanitary sewer and water line installation work referenced
herein;
b. Provide MERIDIAN with a complete set of combined bid documents for the
roadway reconstruction, and for the sanitary sewer and water line installation
work referenced herein;
Page 1 of 5
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;
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;
Provide for the reference and replacement of all pre-existing survey monuments
within the work area;
g. Provide the trench compaction testing for the sanitary sewer and 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. Prov'~de the field survey and grade control necessary for construction of the
roadway. Centerline or offsets and stationing shall be established prior to
MERIDIAN staking sanitary sewer, water lines, manhole locations, and service
lines.
2. MERIDIAN SHALL:
a. Be the party responsible to provide the inspection, field survey and grade
control required for the installation of all sanitary sewer and 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 sanitary sewer and water facilities to be included in the bid
documents for the CONTRACT (all work required for the sanitary sewer and
water facilities to be performed in conformance with the most current edition of
the Idaho Standards for Public Works Construction {ISPWC) and the City of
Meridian Supplemental Specifications to the ISPWC);
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 GONTRACT payment estimate;
Page 2 of 5
d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice
therefore, all funds for which MERIDIAN is responsible pursuaht to Phis
Agreement;
e. Reimburse the DISTRICT, up to a maximum of five (5) percent of MERIDIAN'S
construction costs for all additional costs incurred by the DISTRICT, including
overhead and benefits, project administration, compaction testing, and soils
work required solely for the installations, adjustments, relocations, and
abandonments of the water and sanitary sewer 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
projectconstruction costs;
Be liable for the cost of repairing any trench failures attributable to failure of
sanitary sewer and water lines 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
installations, adjustments, relocations, and abandonments- of the water and
sanitary sewer facilities, .excluding adjustments of existing manhole rims to
grade, or to the removal of any or all items from the Contract that are
associated with the installation of sanitary sewer and water pipelines.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. The CONTRACT amount for the sanitary sewer and 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 apprdval will be required for any change drder work involving the
installations, adjustments, relocations, and abandonments of the water and
sanitary sewer acilities;
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 replaces the previous agreement for this project dated
September 8, 2006 and contains the entire agreement between the parties with
respect to the subject matter hereof;
Page 3 of 5
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;
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~ ~ ~~ ` ~ BY'
Susan Slaughter William J. Sc eitzer
Executive Assistant_ Director
ATTEST: / ~~ CITY OF MERt61AN
~
~
Jay e Hol n ;`~. 9
~~ Timmy de e d
City Clerk ~
lFO Mayor
REAL
'~, 9 ~UNT ~~P ,`
Page 4 of 5
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this 2~2."`"a` day of ~~*- , 2009, before me, a notary
public in and for said state, personally a peared WILLIAM J. SCHWEITZER known to
me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person
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. ,
STATE OF IDAHO
COUNTY OF ADA
~••` gLAUC~'4~~
? ~r ~• 'fi
Q'J ~gARY ~:~
N • ~ ~•~ : #
G~
# ~,~ PU9~'1 (~,wr0
ss.
Notary Public for I¢~ho
Residing at (~..r.
My commission expires
~.~- ,Idaho
y-8'-t5
On this _s day of 2009, before me, the
undersigned, personally appeared TAMMY EWEERD and JAYCEE HOLMAN, 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.
~pTAlpy
~~~
PUB LAG
s~
~~~~~TF oF,O!
Notary Public f
Residing at
My commission
SL.~n! ,Idaho
fires:
Page 5 of 5
AGREEMENTFOR:
ROADWAY CONSTRUCTION !SEWER & WAFER LINE IMPROVEMENTS
TEN MILE ROAD, FRANKLIN ROAD TO CHERRY LANE
ACHD PROJECT N0.504003
THIS AGREEMENT made and entered into this day of :~~~vRrP, 2006, 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 MERtDIAN 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 reconstructing Ten Mile Road from. Franklin Road to Cherry
Lane, including water and sanitary sewer., installations as detailed in Project Number
504003, hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
arranging for installation of the water line and the sanitary sewer pipeline 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 installation of the water lines and the sanitary sewer. pipelines within the
Project boundaries, including but not limited to, costs for changed conditions, plan
errors and omissions, and delays attributable to the. water line or the sanitary sewer
pipeline design and ihstallation.
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 sanitary sewer and water line installation work referenced
herein;
b. Provide MERIDIAN with a complete set of combined bid documents for the
roadway reconstruction, and for the sanitary sewer and water line installation
work referenced. herein;
Page 1 of 5
c. Furnish MERIDIAN with an abstract of ail bids received, and obtain
MERIDIAN'S concurrence with DISTRICT'S recommendation 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 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 sanitary sewer and 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 frve 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 sanitary sewer, water lines, manhole locations, and service
Tines.
2. MERIDIAN SHALL:
a. Be the party responsible to provide the inspection, field survey and grade
control required for the installation of all sanitary sewer and 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 sanitary sewer and water facilities to be included in the bid
documents for the CONTRACT (all work required for the sanitary sewer and
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;
Page 2 of 5
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,
compaction testing, and soils work required solely for the construction of the
sanitary sewer and 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
sanitary sewer and water lines 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
installation of sanitary sewer and water lines or to the removal of any or all
items from the Contract that are associated with the installatioh of sanitary
sewer and water pipelines.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. The CONTRACT amount for the sanitary sewer and 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
feld measurements, and paid for pursuant to the unit, and/or lump sum prices
established in the Contract;
b. MERIDIAN'S approval will be required far any change order work involving the
.sanitary sewer or water line installations;
c. Prior to commencement of work by the Contractor, the parties wi[I, 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;
Page 3 of 5
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;
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 ~ By'
- ~-
c a...~ r
Susan Slaughter .William J. c ei zer
Senior Administrative Assistant •~,,,,,,,,,; ; , Director
ATTEST: .` ~~. ~" l~"~F MERIDIAN
'
`
f ,~ ,!mix-,~ ~
T
a°
'
/ ~~(u'L~ r
B ~~
~ ~~ ~~ ~~~,~~
G~~~~_~~
William G. Berg, Jr. .E,f`•.~z~;~. ,s< t~iyt'Ie Weerd
,'fam
City Clerk ,
% '9~
' {~
.,~, ;.'AAayor
z r.
l„
STATE OF IDAHO )
Page 4 of 5
ss.
COUNTY OF ADA )
On #his ~~ day of .a-,~.,~,..~-- , 2006, before me, a .notary
public in and for said state, personalty appeared WILLIAM J. SCHWEITZER known to
me to be the DIRECTOR of the ADA COUNTY HIGHWAY DISTRICT and the person
who subscribed said name to the foregoing instrument, and acknowledged to me that
they executed the same.
IIV WITNESS. WHEREOF; I have hereunto set my hand and affixed my official.
seal the day and year fiist above written.
STATE OF IDAHO
COUNTY OF ADA
~Fet e.e.e:se,~
°.
,. ~ SLAp~t'•,•
y : Q~TAIt i' :'P
5*° -~~
°: P V s ~1G
•~:
'•... c OF 1~,••'
ss.
}
--.
~.T.__~
Notary Public for I aho
Residing at ,Idaho
My commission expires: ~-~ -2, iSb9
~-
On this )~' day of ~ ~ -~~{TiVrvlaxn 2006, before me, the
undersighed, .personally appeared TAMM DEWEERD and WELLIAM 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 WETNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the. day and year first above written.
ff 1
Notary Public for Idaho
Residing at )'1'L~ Li<~c.: ,Idaho
My commission expires:
Page 5 of 5