ACHD/CIty Franklin Rd, Black Cat Rd to Ten Mile Roadway ConstructionINTERAGENCY AGREEMENT FOR:
ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION
FRANKLIN RD, BLACK CAT RD TO TEN MILE RD
ACHD PROJECT NO. 711023 and 711024
THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND
SEWER CONSTRUCTION ("Agreement") is made and entered into this Zfft' day of
� Vir , 2016, by and between the ADA COUNTY HIGHWAY DISTRICT, a
highway distrid organized under the laws of the State of Idaho ("DISTRICT" or "ACRD"), and
the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of
Idaho ("Meridian" or "City"), regarding ACHD Project no. 711023 and 711024.
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 perform, provided that such contract is authorized by the 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 Franklin Rd, Black Cat
Rd to Ten Mile Rd ("Project" or "Project Boundaries"), certain modifications or improvements
to City owned facilities, including constructing water and 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. 711023 and 711024, 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 with the exception of water and sewer services constructed to
serve the properties at 4925 W Franklin Road and 3880 W Franklin Road;
Page 1 of 8
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements 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 City Water and Sewer Improvements referenced herein, which
CONTRACT shall include, inter alfa, a provision that all work required for the City
Water and Sewer Improvements shall be performed in conformance with the most
current edition of the Idaho Standards for Public Works Construction (ISPWC) and
the most current City of Meridian Supplemental Specifications to the ISPWC.
b. Provide City with a complete set of combined bid documents for the roadway
reconstruction, and for the City Water and Sewer Improvements.
c. 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 be
responsible and shall reimburse DISTRICT for any and all costs suffered by
DISTRICT attributable to the removal of the City Water and Sewer Improvements
from the Project and if applicable, the rebidding of the Project.
d. 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 be
started at the date described in the final acceptance letter from the City of Meridian.
e. 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,
Make monthly progress payments and the final CONTRACT payment to the
Contractor in conformance with the terms of the construction CONTRACT.
g. 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.
h. As applicable, provide for the reference and replacement of all pre-existing survey
monuments within the Project.
Page 2 of 8
Provide the field survey and grade control necessary for construction of the roadway.
Centerline or offsets and stationing shall be established prior to the City staking any
sanitary sewer or potable water service lines, water valve boxes, manhole locations,
and other City facilities.
j. Upon acceptance of the sewer and water work by the City and prior to the project
closeout, ACHD will meet with the City to reconcile the actual contract costs of the
installed sewer and water facilities as compared to the "Water and Sewer Estimate"
set out in Exhibit A. In addition, the cost share items listed in paragraphs 2e and 2d
will be reconciled at the time of acceptance by City. ACHD shall submit to City
written documentation of expenditures with an invoice for payment of all costs and
expenses the DISTRICT incurs beyond the amount paid to ACHD by the City
according to paragraph 2c, 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.
In the event that the amount paid by the City under paragraph 2c exceeds the actual
contract cost of the complete installation including the cost share items listed in
paragraphs 2e and 2d, ACHD shall refund such amount to the City within 30 days of
project closeout.
2. CITY OF MERIDIAN SHALL:
a. Provide the inspection, field survey and grade control required for the installation of
all City Water and Sewer Improvements incorporated 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.
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 samefor
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 performed 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. Within 30 days of execution of this agreement, pay to ACHD the sum of nine hundred
seventy one thousand dollars($971,000.00), which is the estimated cost of the labor,
materials, and equipment to perform the water and sanitary sewer work as itemized
on Exhibit A. In addition, within 60 days of acceptance of the water and sanitary
sewer, and completion of cost reconciliation, pay to ACHD the actual contract cost of
the labor, materials and equipment that exceeds the water and Sewer cost estimate.
d. Reimburse DISTRICT five percent (5%) of City's construction costs attributable to the
City Water and Sewer Improvements as payment toward the additional costs incurred
Page 3 of 8
by DISTRICT, including overhead and benefits, and project administration costs
which include but are not limited to: public advertisement of the Project, supplying bid
plans, supplying construction plans, preparing and holding the preconstruction
meeting, generating monthly pay estimates and paying the Contractor, preparing
change orders, general construction project oversight, and maintaining construction
project files.
e. Reimburse DISTRICT 7.34% for mobilization, traffic control, flagging, detours and
weekly meetings on a prorated basis. The prorated basis for the above items will be
calculated using the percentage of City's project costs as they relate to the total
project construction costs.
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 be 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.
g. 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.
h. 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 are
associated with the installation of the City Water and Sewer Improvements.
Indemnify, save harmless and defend regardless of outcome, DISTRICT from
expenses and against suites, actions, claims or losses of every kind, nature and
description, including costs, expenses 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 Title 6 Chapter 9 (the Idaho
Tort Claims Act), and to any other limitations set forth in the Agreement.
j. 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 be 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,
Page 4 of 8
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 Code § 67-2332, the purposes, powers, rights and
objectives of each of the parties are 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 performed 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 be entitled to reasonable attorney's fees and costs incurred in said action.
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.
This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
Nothing in this Agreement shall be construed to be an indebtedness or liability in
violation of Article VIII, Section 3 of the Idaho Constitution.
Page 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.
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 be
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 extent reasonably possible.
o. The failure of a party to insist on t
Agreement or to exercise any righ
constitute a waiver of any provision
enforce any provision or exercise
hereunder, and no modification or
consent to departure therefrom, sha
DISTRICT and City.
he strict performance of any provision of this
t or remedy upon a breach hereof shall not
of this Agreement or limit such party's right to
any right. No acknowledgments required
waiver of any provision of this Agreement or
11 be effective unless in writing and signed by
p. The headings used in this Agreement are used for convenience only and are not to
be considered in construing or interpreting this Agreement.
q. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but both of which together shall constitute one and the same.
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.
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
be 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 performed 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
Page 6 of 8
Improvements, regardless of whether prior approval has been 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
60tva
By: �r
By:
Wong
Director ��
President, Board of Commissioners
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this p day of J_ r'' , 2016, before me, the
undersigned, personally appeared ;1 and BRUCE S. WONG,
President of the Board of Commission rs and Director respectively of the ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate, 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 body.
IN WITNESS WHEREOF, I have hereunto set my ha affixed my official seal the
day and year first above written.
Notary Publinbrlv---
daho
Residing at
Mycommission expires:
ATTEST: CITY OF MERIDIAN
Idaho
Page 7 of 8
6g e
Jay e L. Holman."''"'
L de Weerd
City Clerk
M'
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this '; '�> � day of �n�,�G_ , 2016, before me, the
undersigned, personally appeared TAMMY L. DE WEERD and JAYCEE L. HOLMAN, Mayor
and City Clerk respectively of CITY OF MERIDIAN, 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.
0000000
®°6EX JO�,°°®
® t Notary Public for Idaho
Residing at _ "E-ro kqv�, Idaho
40ft (IN 00®o° My commission expires: LI a �o
°®448®0®
Page 8 of 8
City of Meridian
Franklin Road
Black Cat Road to Ten Mile Road
Sewer and Water Improvements
Construction Estimate 10/15/15
Copy of Estimate,xls 12/29/2015
Item No.
Item Description
Estimated Unit
Unit
QuantityPrice
l
605-205A
4"SANITARY SEWER PIPE
272
FT
$40.0080.00
605-210A
6" SANITARY SEWER PIPE __
_
226
FT
$46.0096.00
605-215A
8" SANITARY SEWER PIPE
1,959
_
FT
$56.0004.00
605-220A
10" SANITARY SEWER PIPE
1,125
FT
$62.0050.00
4�$46,400�.00
605-455A
SANITARY SEWER PIPE
2,607
FT
$74.00
18.00
605-455A
605-460A
MANHOLE TY A _ --"
A
MANHOLE TY B --""
--
9
EACH
$3,500.000.00
ADJUST VALVE BOX
a
EACH
$5,800.000.000-15A
FIRE HYDRANT ASSEMBLY8600-30A
14
EACH
EACH
$400.000.00600-20A
$300000
2" BLOW -OFF ASSEMBLY PER SD -W13
-8
2
EACH
$2,200,00
,0.00
$4,400.00
S600 -30G
5600-30H
6" GATE VALVE
8" GATE VALVE -
8'
EACH
-
$1,300.00
$10,400.00
56-00- 0110"
GATE VALVE
7
� -
EACH
$1,600.00
$11,200.00
S600 -45A
6" WATER LINE -� "
2
167
EACH
$2,000.00
$4,000.00
9600-456
-- _. ____ __�__
8" WATER LINE
� 513
FT
V $36.00
$5,010.00
S600 -45C
___ i
12" WATER LINE
FT
$36.00
$18,466.00
8600-45D
_
10" WATER LINE
2,480
FT
$46.00
$114,080.00
S605 -05A
ADJUST MANHOLE
174
FT
_ $44.00
$7,656.00
8626-35A
NIGHT WORK LIGHTING
8
EACH
$500.00
$4,000.00
S9 I-
RELOCATE EXISTING 2" WATER METER
1
4
LS
$10,000.00
$10,000.00
S901 -05H
1" WATER SERVICE CONNECTION --- ---
EACH
$1,400,00
$5,600.00
S901-051
2" BLOW -OFF ASSF -- Y PER SD -W12 _
- 6
13
EACH
EACH
$1,200.00
$2,200.00
$8,400.00
$28,600.00
5901 051
T -TYPE SEWER CLEANOUT
_
13
EACH
$700.00
$9,100.00
S901 -05L4"
SEWER SERVICE CONNECTION
4
EACH
$800.00
$3,200.00
8901-05M
_
SEWER SERVICE CLEANOUT
13
EACH
$350.00
$4,550.00
8901-05S
_
ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING
_
2
EACH
$8,000.00
S901 -06G
8901-06H
12" GATE VALVE
2" WATER SERVICE CONNECTION
_
4
EACH
_$$4,000.00
$2,500.00
$10,000.00
S901-061
HOT TAP EXISTING WATER MAIN_ -
1
EACH
$2,000.00
$2,000.00
5901 06J
ABANDON EXISTING WATER MAIN -
_ 9
EACH
$2,200.00 _
$19,800.00
5901-06K _
ABANDON EXISTING WATER SERVICE
ADJUST BLOW -OFF TO GRADE --"- -
2
2
- -
EACH
EACH
$1,000.00
$600.00
_ $2,000.00
$1,200.00
-901-06L
S901 -06M _
AUTOMATIC AIR RELEASE VALVE ------
1
1
EACH
EACH
$1,800.00
$600.00
$1,800.00
S901 -06N
ABANDON EXISTING SEWER SERVICE STUB
_ _
1
EACH
,800.00
$700,00
$700.00
S- 060
__
MODIFIED 2" WATER SERVICE CONNECTION -
1
EACH
$1,700.00
$1,700.00
S904-050
5911-05L
DEWATERING --
PIPE BORING AND JACKING
-
1
LS
$20,0011.00
$20,000.00
S911 -05M _
16" CASING FOR WATER MAIN
30
22
FT
FT
- $0.00
$13,500.00
5911-05N
18" CASING FOR WATER MAIN ---
66
FT
$80.00
$8
$1,760.00
S911-050
24" CASING FOR WATER MAIN
20
FT
$100_00$6,600,00
$3,500.00
8911-05P
_
8" CASING FOR SEWER MAIN
26
FT
_$175.00
$48.00
$1,248.00
5911-05Q
10" CASING FOR SEWER MAIN _
62
FT
$54.00
$3,348.00
5911-05R
12" CASING FOR SEWER MAIN
233
FT
$60,00
$13,980.00
5911-05S
14" CASING FOR SEWER MAIN
50
FT
$130.00
$6,500.00
8911-05T
6" CASING FOR WATER MAIN
23
FT
$22.00
$506.00
S911 -05U
__
20" CASING FOR SEWER MAIN
50
_
FT
$175.00
$8,750.00
S912 -05B
_
GRAVEL APPROACH REPAIR
8
SY^
$50.00
$400.00
S912 -05D
ASPHALT REPAIR
- -
18
Sy
S913-0SA
__�__ ____
EXPLORATORY EXCAVATION
_
80
_ _
CY
_ $70.00
$50.00
$1,260.00
$4,000.00
S913 -05B
TEMPORARY ASPHALT REPAIR -
4,200
SY
$20.00
$84,000.00
8914-05A IMPORTED
_
TRENCH BACKFILL
1,000
TON
$12.00
X12,000.00
Total
$971,564.00
Copy of Estimate,xls 12/29/2015