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HomeMy WebLinkAboutJoint Agreement for Roadway Reconstruction ACHDAGREEMENT ROADWAY RECONSTRUCTION SEWER & WATER LINE IMPROVEMENTS FRANKLIN ROAD -CINDER ROAD TO MERIDIAN ROAD MERIDIAN ROAD -E.1sT TO FRANKLIN ROAD ACHD PROJECT NUMBERS 520591 & 52092 THIS AGREEMENT made and entered into this ~ ~" day of ~~~'~~' 1998, 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 Franklin Road between Meridian Road and Linder Road, and Meridian Road between East ls` Street and Franklin Road, including water and sanitary sewer installations as detailed in Project Numbers 520591 and 52092 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 line and the sanitary sewer pipeline within the Project boundaries, including but not limited to, costs for 1 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; 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; 2 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 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. 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, 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 City of Meridian Standard Specifications and Drawings); 3 c. Remit to DISTRICT, within thirty-five (35) calender days after the date of invoice therefor, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; and d. Remit to DISTRICT within thirty-five (35) calendar days after the date of invoice therefor, all funds for which MERIDIAN is responsible pursuant to this Agreement. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. MERIDIAN shall reimburse DISTRICT, up to a maximum of $6,000.00 for all costs incurred by the DISTRICT, including overhead and benefits, to provide 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. b. 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; c. MERIDIAN' S approval will be required for any change order work involving the sanitary sewer or water line installations; 4 d. 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; e. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; f. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; g. 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; h. 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; i. 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 j . This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. 5 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: B •_ erry yman, Di ctor ADA COUNTY HIGHWAY DISTRICT By: Susan Eastlake, Commissioner ATTEST: CITY ERIDIAN By: By: 1~~-~+itrt nutq~ y William G. Berg 7 . a~`~~•~ ~ = o,,~'xf obert D. Corrie City Clerk ~;~,~~~'~ , ~~ ~T,~ council ~= __ 8L ' -,,~'~p~~r ~sz ~ , ~~~``,~., Mayor approved ~'eb. 17, 1998