816003-005: W First-Broadway to PineGo,.......,ax�xe ��.-.:a
December 12, 2016
TO: ACHD Commissioners, ACHD Director, ACHD Deputy Directors
FROM: Ricardo Calderon, Project Manager
SUBIECT: West 1st Street, Broadway Av¢aue to Pine Avenue
Interagency Agreement with City of Meridian for
Sewer Improvements
ACHD Project No. 816003.005
Consent Agenda: January 11, 2017
Kent GoldMorpe, Presltlent
Paul WOOds, V{ce Prcsltlen[
Rebecca W. Arndtl, Commlaloner
Sara M. Baker, Camm�ss�oner
Jlm D. Hansen, Camml�oner
Capital Projects
Programmed ExPenmmrea:
Pvv a Pvta audea.
Prof. Services 55,009
2D17
Constructton 5315,000
2019
moc contribunon Sloo,000
zov
const. en meson Ssago
zov
Executive Summary
West lar Street, between Broadway Avenue and Pine Avenue is scheduled for sidewalk construction in
FY17. The scope of the project has increased and will now be completed in partnership with the City of
Meridian to include an 8 inch sewer line. The attached Interagency Agreement between ACHD and the
City of Meridian provides for ACHD to construct the improvements and for the City of Meridian to
reimburse ACHD for all actual costs. Furthermore, it specifies the exact payment and other
responsibilities regarding these improvements. Staff recommends approval of the agreement.
Facts Bz Findings
The project consists o£the reconstruction of the road with curb, gutter and sidewalks on West 1" Street
between Broadway Avenue and Pine Avenue, including replacing substandard sidewalks and pedestrian
ramps in accordance with the Downtown Meridian Neighborhood Plan. The project will improve
pedestrian connectivity and safety for children walking to Meridian Elementary School. After partnering
with the City of Meridian, the scope of the project increased to include an 8 inch sewer line on West 1�`
Street. Construction of the project is scheduled for Spring oFFY2017. This agreement has been
reviewed by the ACHD Legal Department.
Fiscal Implfcations
All cosi £or the sewer work will be reimbursed by the City of Meridian. It is anticipated that the cost of
the sewer work will be approximately $765,000. These funds will be requested during the Isr FY17
budget adjustment.
Policy Implications
This project was approved by the ACHD Commission as part of the FYl6 Budget and the 2076-2020
Integrated Five Year WorX Plan, adopted by the Commission October 28, 2015.
Alternatives
I) Approve the Interagency Agreement with the City of Meridian.
2) Do not approve the agreement and provide staff with further direction.
Recomm¢ndatian
Staff recommends Alternative 1: Approve the Interagency Agreement with the City of Meridian.
cc: Dorrell Hansen, P.E.
Dyan Bevins, P.E.
Project File
INTERAGENCY AGREEMENT FOR:
ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION
WEST 1 ST STREET—13ROADWAY AVE TO PINE AVE
ACRD PROJECT NO. 816003,005
THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRU TIONANATER AND
SEWER CONSTRUCT ON ("Agreement") is made and entered into this � day of
r�I�
X�r a'!? 206, by and between the ADA COUNTY HIGHWAY DISTRICT, a
highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and
the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of
Idaho ("Meridian" or "City") regarding ACHD Project no. 816003.005
RECITALS
WHEREAS, ACHD is a single county -wide highway district, a public entity, organized
and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented,
with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public
rights-of-way in Ada County;
WHEREAS, City is a municipal corporation organized and operating pursuant to
Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police
power to regulate and control municipal activities within the City;
WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may
contract with any one or more other public agencies to perform any governmental service,
activity or undertaking which each public agency entering into the contract is authorized by
law to perforin, provided that such contract is authorized bythe governing body of each party
and that such contract shall set forth fully the purposes, powers, rights, objectives and
responsibilities of the contracting parties; and
WHEREAS, DISTRICT and City desire to undertake a cooperative effort to
incorporate into the DISTRICT'S road construction projects known as West 1't St, Broadway
Ave to Pine Ave ("Project" or "Project Boundaries"), certain modifications or improvements to
City owned facilities, including constructing sewer main lines and services, adjusting
water valve .boxes and manholes to grade, and correcting potable/non-potable spacing
issues (collectively, "City Sewer and Water Improvements") as detailed In Project
no.816003.005, to be constructed pursuant to a separately -executed agreement between
DISTRICT and the selected Contractor ("CONTRACT"); and
WHEREAS, DISTRICT is willing to accommodate City's request by including the City
Water and Sewer Improvements in the Project plans, subject to the terms, conditions and
obligations set forth in this Agreement and so long as DISTRICT receives assurances by the
City that It will fully reimburse DISTRICT for all actual costs including, without limitation, any
indirect costs and expenses that DISTRICT incurs as a result of the additional work
attributable to the modification or installation of the City Water and Sewer Improvements
within the Project Boundaries,
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements herein contained, the parties hereto agree as fellows:
Page 1 of 8
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 City Water and Sewer Improvements referenced herein, which
CONTRACT shall include, inta� a/ia, a provision that all work required for the City
Water and Sawar Improvements shall be parfortnad in conformance with the most
current edition of the Idaho Standards for Public Works Construction (ISPWC) and
the most currant City of Meridian Supplemental Specifications to the ISPWC.
b. Be the party responsible for the design, review and inspection of all stormwater
related elements (including SWPPP design, enforcement, inspections and filing of
Notices of Intent and Termination), of this project as the owner operator as defined in
the current EPA Construction General Permit.
c. Provide City with a complete sat of combined bid documents for the roadway
reconstruction, and for the City Water and Sewer Improvements.
d. Furnish City with an abstract of all bids received, and obtain City's written
concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to
making such award. City's concurrence shall specifically acknowledge that the City
Water and Sewer Improvements are and shall be subject to the terms and conditions
of this Agreement. if City does not concur, DISTRICT shall remove the City Water
and Sewer Improvements and if necessary, rebid the Project. City shall ba
responsible and shall reimburse DISTRICT for any and all costs suffered by
DISTRICT attributable to the removal of the Clty Water and Sawar Improvements
from the Project and if applicable, the rebidding of the Project.
e. Include in the CONTRACT, a term providing that City will have the right and authority
to work directly with the Contractor to resolve any claims relating in any way to the
City Water and Sewer Improvements and that any such claims will be reviewed,
approved or denied by City including enforcement of the 2 year warranty period to ba
started at the date described in the final acceptance letter from the City of Meridian.
f. Coordinate with City should any changes be made to DISTRICT'S portion of the
CONTRACT or work pursuant thereto that does or may impact the City Water and
Sewer Improvements_
g. Make monthly progress payments and the final CONTRACT payment to the
Contractor in conformance with the terms of the construction CONTRACT.
Submit to City a copy of each design consultant billing attributable to the City Water
and Sewer Improvements if applicable and Contractor progress payment estimate,
and the final CONTRACT payment estimate, as such estimates are approved by
DISTRICT after obtaining City's concurrence regarding City's portion of the
CONTRACT, together with an invoice for City's share of the construction
CONTRACT costs earned by and to be paid to the Contractor.
Pa9¢ 2 of 8
As applicable, provide for the reference and replacement of all pre-existing survey
monuments within the Project.
Provide the field survey and grade control necessary for construction of the roadway.
Centerline or offsets and stationing shall ba established prior to the City staking any
sanitary sewer or potable water service lines, water valve boxes, manhole locations,
and other City facilities.
k. At the conclusion of the Project, submit to MERIDIAN written documentation ofi
expenditures with an invoice for payment of all costs and expenses the DISTRICT
incurs, in addition to those provided under paragraph 1.g. above, as a result of the
additional work attributed to the City Water and Sewer Improvements within the
Project Boundaries, including but not limited to, costs or changed conditions, plan
errors and omissions, and delays attributable to design and/or installation of the City
Water and Sewer Improvements. (City shall not be responsible for design, review, or
inspection of any stormwater related elements, as they are not a project operator.)
2. CITY OF MERIDIAN SHALL:
a. Provide the inspection, field survey and grade control required for the installation of
all City Water and Sower improvements incorporafad into the Project and installed
and adjusted under the CONTRACT and provide copies of appropriate tests and
construction diaries to the District Project Representative as designated by
DISTRICT. (City shall not be responsible for design, review, or inspection of any
stormwatar related elements, as they are not a project operator.)
b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid
quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the
DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same for
the City Water and Sewer improvements to be incorporated into the Project and
included in the bid documents for the CONTRACT (all work required for the City
Water and Sewer Improvements to be pertormed in accordance with the most current
edition of the Idaho Standards for Public Works Construction (ISPWC), the City's
Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard
Specifications).
c_ Remit to DISTRICT, within thirty-five (35) calendar days after the data of any invoice
referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant
to the approved progress payment estimate and the final CONTRACT payment
estimate.
d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice
referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to
this Agreement.
e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs
attributable to the City Water and Sewer Improvements as payment toward the
additional costs incurred by DISTRICT, including overhead and benefits, and project
Pages 3 of 8
administration costs which include but are not limited to: public advertisement of the
Project, supplying bid plans, supplying construction plans, preparing and holding the
praconstruction meeting, generating monthly pay estimates and paying the
Contractor, preparing change orders, general construction project oversight, and
maintaining construction project files.
Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly
meetings on a prorated basis. Tha prorated basis for the above items will ba
calculated using the percentage of MERIDIAN'S project costs as they relate to the
total project construction costs.
g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer
Improvements from one -foot (1') above the pipe zone to sub -grade of the roadway
section; trench compaction testing shall ba provided at the minimum frequency rate
of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three
(3) transverse trenches; provide all re -testing required in any area that does not meet
CONTRACT requirements; and provide copies of tests for the area along the
alignment of the pipeline to the designated DISTRICT representative.
h. Be liable for the cost of repairing any trench failure attributable to the City Water and
Sewer Improvements within the Project Boundaries, and be liable for and indemnify,
defend and hold DISTRICT harmless for any and all costs, claims, and damages
resulting from any such trench failure.
1. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs
specifically enumerated herein, where such costs are attributable to the installations,
adjustments, relocations and abandonments of the City Water and Sewer
Improvements or to the removal of any or all items from the CONTRACT that era
associated with the installation of the City Water and Sewer Improvements.
j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from
expenses and against suites, actions, claims or losses of Query kind, nature and
description, including costs, expanses and attorney fees caused by or arising out of
any negligent acts by City's officers, employees, agents or contractors while acting
within the course and scope of their employment, which arise from or which are in
any way connected to the City Water and Sewer Improvements. Such
indemnification hereunder by City shall in no event cause the liability of City for any
negligent act to exceed the amount of loss, damages, or expenses of attorney fees
attributable to such negligent act, and shall not apply to loss, damages, expenses or
attorney fees attributable to the negligence of DISTRICT. This duty to defend,
Indemnify and hold harmless is subject to the limitations of Idaho law, including
Article VIII Section 3, Idaho Constitution and Idaho Code Titles 6 Chapter 9 (the Idaho
Tort Claims Act), and to any other limitations set forth in the Agreement.
k. Work directly with the Contractor to resolve any claims relating in any way to the City
Water and Sewer Improvements; any and all such claims will ba reviewed, approved
or denied by City shall indemnify, save harmless and defend regardless of outcome,
DISTRICT from expenses and against suits, actions, claims or losses of every kind,
Pages 4 of e
nature and description, including costs, expenses and attorney fees caused by or
arising out of any and all such claims regardless of the outcome of the City's efforts
to resolve said claims with the Contractor.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. In accordance with Idaho Coda § 67-2332, the purposes, powers, rights and
objectives of each of the parties era as set forth in the Recitals above. Each of the
Recitals above is incorporated into the body of this Agreement.
b. The amount to be reimbursed to DISTRICT by City for City's portion of the Project
shall be based on the actual quantities of work acceptably pertormed and/or installed,
as determined from field measurements made by City, and paid for pursuant to the
unit, and/or lump sum prices, established in the CONTRACT.
c. DISTRICT shall obtain City's approval prior to commencement of any change order
work involving the installations, adjustments, relocations and abandonments of City
water or sewer facilities.
d. Prior to commencement of work by the Contractor, the parties will, together with the
Contractor, inspect within the entire Project Boundaries for the purpose of reviewing
the Project to locate any unstable areas and to resolve any items of concern or
misunderstanding.
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 ba 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 ba instituted only in the courts of the State of Idaho, County
of Ada.
This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
j. Nothing in this Agreement shall be construed to be an indebtedness or liability in
violation of Article VIII, Section 3 of the Idaho Constitution.
Pages 5 of 8
k. The validity, meaning and effect of this Agreement shall be determined in accordance
with the laws of the State of Idaho.
I. This Agreement and the exhibits hereto constitute the full and entire understanding
and agreement between the parties with regard to the transaction contemplated
herein, and no party shall be liable or bound to the other in any manner by any
representations, warranties, covenants or agreements except as specifically set forth
herein.
m. The promises, covenants, conditions and agreements herein contained shall 6e
binding on each of the parties hereto and on all parties and all persons claiming
under them or any of them; and the rights and obligations hereof shall inure to the
benefit of each of the parties hereto and their respective successors and assigns.
n. If any part of this Agreement is held to be illegal or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extant reasonably possible.
o. The failure of a party to insist on the strict pertormance of any provision of this
Agreement or to exercise any right or remedy upon a breach hereof shall not
constitute a waiver of any provision of this Agreement or limit such party's right to
enforce any provision or exercise any right. No acknowledgments required
hereunder, and no modification or waiver of any provision of this Agreement or
consent to dapartu re therefrom, shall 6e effective unless in writing and signed by
DISTRICT and City_
p. Tha headings used in this Agreement era used for convenience only and are not to
be consitlarad in construing or interpreting this Agreement.
q. This Agreement may be executed in two or mora counterparts, each of which shall be
deemed an original, but both of which together shall constitute one and the same.
r. The parties hereto agree that nothing herein contained shall be construed to create a
joint venture, partnership or other similar relationship which might subject any party to
liability for the debts and/or obligations of the others, except as otherwise expressly
agreed in this Agreement.
s. This Agreement is not intended to create, nor shall it in any way be interpreted or
construed to create, any third -party beneficiary rights in any person not a party
hereto_
t. All parties have been represented by legal counsel, and no party shall be deemed to
ba the drafter of this Agreement for purposes of interpreting an ambiguity against the
drafter_
u. Time shall be of the essence for all events and obligations to be pertorm ed under this
Agreement. Without limiting the foregoing, in the event that City does not timely
comply with any of its obligations hereunder, DISTRICT shall have no obligation
whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer
Pages 6 of 8
Improvements, regardless of whether prior approval has bean given by DISTRICT to
City.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and
year herein first written.
ATTEST:
ADA COUNTY HIGHWAY DISTRICT
Bruce S.
tEant-aol9tHaFpa au -1 �1JoodS
Director
President, Board of Com missionars
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this � � � c
undersigned, personally appear
of the Board of Commissioners
DISTRICT, a body politic and c
subscribed to the within instrume
and on behalf of said body.
IN WITNESS WHEREOF
day and year first above wrlttan.
�o f
ay of `2946,_ before ma, the
and BRUCE S. WONG, President
and rector respectively of the ADA COUNTY HIGHWAY
rporat known to ma to be the persons whose names are
�t, and a knowledged to ma that they executed the same for
��1.�..1 N.J��J
I have hereunto sat my han�nd affixed my official seal the
�y� jSPENC��.�� _�/�/
F erz��PR� Notary Pul Idaho
3 � �`c, $ � Residing at ,��Q/ �jG� ,Idaho
=� rh.�,�pv� `c�s� MY commission expiraas�:fgu�t 13, 2019
O
STATE OF
Page � or u
sv:
C.Jay Colas
Clty Clark
Tammy L. da Weard
Mayor
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this � `J� day of Ci c� l`�:m '"+moi" 2016, before me, the G .3ai �/
undersigned, personally appeared TAMMY L. DE WEERD and ayor and City �ioD
Clerk respectively of CITY OF MERIDIAN, a municipal corporation, known to ma to be the "-Y
parsons whose names aro subscribed to the within instrument, and acknowledged to me that
they executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, 1 have herau nto sat my hand and affixed my offlclal seal the
day and year first above written.
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Ui Z �; Notary Public for Idahp
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Pa®B a of 8