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ACHD Ten Mile Rd. Utility Improvements -Ustick to McMillan Interagency Agreement Project No. 518001 City of Meridian Purchasing Dept. Memo To: Chris Johnson, City Clerk, From: Keith Watts, Procurement Manager CC: Troy Thrall Date: 5/28/2020 Re: May 2nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 2nd City Council Consent Agenda for Council's consideration. Approval of ACHD Bid Results for the ACHD Ten Mile Rd. Utility Improvements — Ustick to McMillan project for the Not-To-Exceed amount of$518,303.75. Recommended Council Action: Approval of Bid Results and authorize the Procurement Manager to issue a Purchase Order for the full amount. Thank you for your consideration. • Page 1 Meridian City Council Meeting Agenda June 2,2020— Page 214 of 263 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96140 WATERLINE EXTENSIONS 886,681.96 0.00 886,681.96 100.00% 10369.b Franklin - Black Cat to 0.00 (972.50) 972.50 0.00% Ten Mile Sewer and Water Improvement 10575 ACHD, Linder Road, 4,091.71 0.00 4,091.71 100.00% Franklin Road to Pine Road, Water and Sew 10575.a ACHD Linder Road Franklin 0.00 4,091.71 (4,091.71) 0.00% Road to RR Tracks - Design & Const 10575.b ACHD Linder Rd to RR 0.00 79,999.98 (79,999.98) 0.00% Tracks Utility Improvements 10581 Reflection Ridge PRV 0.00 10,734.45 (10,734.45) 0.00% Equipment 10591 ACHD, Meridian Road, 259,709.04 1,706.04 258,003.00 99.34% Cherry Lane to Ustick Road, Water and S 10591.a ACHD Meridian Rd Utility 0.00 (0.01) 0.01 0.00% Improve. Design Cherry to Ustick 10591.b ACHD - Meridian Rd. 0.00 506,613.90 (506,613.90) 0.00% Utility Improvements Cherry to Ustick 10631 Water Main Extension, W 700,05O.94 11,105.52 688,945.42 98.41% Victory Rd and S Ten Mile Rd 10631.a Water Main Extension, W 0.00 21,570.05 (21,570.05) 0.00% Victory Rd and S Ten Mile Rd 10631.0 Water Main Ext. at Victory 0.00 633,176.89 (633,176.89) 0.00% & Ten Mile - Construction 10763 ACHD Linder Road - Cayuse 47,723.47 0.00 47,723.47 100.00% Creek to Chinden 10763.a ACHD, Linder Road - Cayuse 0.00 480.18 (480.18) 0.00% Creek to Chinden Utility Improvem 10763.b ACHD - Utility 0.00 47,243.29 (47,243.29) 0.00% Improvements Cayuse Creek to Chinden Construc 10764 ACHD Linder Road - Ustick 41,771.04 0.00 41,771.04 100.00% to McMillan 10764.b ACHD - Utility 0.00 41,771.04 (41,771.04) 0.00% Improvements Ustick to McMillan Construction 10913 ACHD Ten Mile Ustick to 29,702.00 13,202.00 16,500.00 55.55% McMillan Water Sewer Improve 10913.D ACHD - Ten Mile Rd (Ustick 0.00 4,344.56 (4,344.56) 0.00% to McMillan) Utility Improvements 10914 ACHD Ten Mile McMillan to 6,835.50 0.00 6,835.50 100.00% Chinden Water Sewer Improve 10914.a ACHD Ten Mile, McMillan to 0.00 6,835.50 (6,835.50) 0.00% Chinden Utility Improvements Date: 5/28/20 02:00:02 PM Page: 1 Meridian City Council Meeting Agenda June 2,2020- Page 215 of 263 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 10915 ACHD Eagle Rd Amity to 8,722.80 0.00 8,722.80 100.00% Victory Water and Sewer Improve 10915.a ACHD - Eagle Rd., Victory 0.00 8,722.80 (8,722.80) 0.00% to Amity Utility Imprv. - Design 10933 Franklin Road Interconnect 1,666.68 1,270.00 396.68 23.80% with Suez 10972 ITD - Chinden Blvd, SH16 1,055.00 0.00 1,055.00 100.00% to Linder 10974 ITD - Chinden Blvd, Locust 0.00 6,502.00 (6,502.00) 0.00% Grove to Linder 10975 ACHD Ten Mile Road - 0.00 917.00 (917.00) 0.00% Overland to Victory 10975.a ACHD Ten Mile Rd. Utility 0.00 30,312.00 (30,312.00) 0.00% Imp. (Overland - Victory) 10976.a ACHD - Locust Grove - 0.00 5,000.00 (5,000.00) 0.00% Overland to Victory 10987.a ACHD - Ten Mile & Amity 0.00 9,984.00 (9,984.00) 0.00% Road Intersection - Design 11174 Water Main Extension - 0.00 24,473.58 (24,473.58) 0.00% Warrick Sub Amity Rd Offsite Total Capital Outlay 1,988,010.14 1,469,083.98 518,926.16 26.10% TOTAL EXPENDITURES 1,988,010.14 1,469,083.98 518,926.16 26.10% Date: 5/28/20 02:00:02 PM Page: 2 Meridian City Council Meeting Agenda June 2,2020- Page 216 of 263 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 93505 Sewer Line Extensions 270,000.00 0.00 270,000.00 100.00% 10575 ACHD, Linder Road, 145,000.00 0.00 145,000.00 100.00% Franklin Road to Pine Road, Water and Sew 10575.a ACHD Linder Road Franklin 0.00 3,268.99 (3,268.99) 0.00% Road to RR Tracks - Design & Const 10575.b ACHD Linder Rd to RR 0.00 114,761.62 (114,761.62) 0.00% Tracks Utility Improvements 10591 ACHD, Meridian Road, 105,000.00 3,347.20 101,652.80 96.81% Cherry Lane to Ustick Road, Water and S 10591.b ACHD - Meridian Rd. 0.00 112,363.57 (112,363.57) 0.00% Utility Improvements Cherry to Ustick 10614 Black Cat Trunk Sewer - 0.00 (4,013.32) 4,013.32 0.00% Phase 5 10671 Sewer Main Extension - 29,499.00 0.00 29,499.00 100.00% Five Mile Trunk Relief (Downtown) 10671.a E. Broadway Ave. Sewer 0.00 28,707.00 (28,707.00) 0.00% Main Ext. - Design 10708 Water Main Replacement 4,750.00 0.00 4,750.00 100.00% Pine Ave NW 1st to NW 3 10764 ACHD Linder Road - Ustick 104,731.00 0.00 104,731.00 100.00% to McMillan 10764.a ACHD, Linder Road - Ustick 0.00 776.97 (776.97) 0.00% to McMillan Utility Improvements 10764.b ACHD - Utility 0.00 102,091.69 (102,091.69) 0.00% Improvements Ustick to McMillan Construction 10782 South Meridian Linder Rd 333,110.00 125.00 332,985.00 99.96% Sewer Trunk 10782.a South Meridian Linder Rd 0.00 (908.40) 908.40 0.00% Sewer Truck - Design 10782.b South Meridian Linder 0.00 325,686.42 (325,686.42) 0.00% Trunk Extension 10782.c S Meridian Linder Sewer 0.00 6,727.50 (6,727.50) 0.00% Trunk Bidding Construction Phase 10913 ACHD Ten Mile Ustick to 275,000.00 0.00 275,000.00 100.00% McMillan Water Sewer Improve 10913.D ACHD - Ten Mile Rd (Ustick 0.00 5,411.44 (5,411.44) 0.00% to McMillan) Utility Improvements 10914 ACHD Ten Mile McMillan to 0.00 1,024.00 (1,024.00) 0.00% Chinden Water Sewer Improve 10915 ACHD Eagle Rd Amity to 20,000.00 0.00 20,000.00 100.00% Victory Water and Sewer Improve 10915.a ACHD - Eagle Rd., Victory 0.00 10,970.00 (10,970.00) 0.00% to Amity Utility Imprv. - Design Date: 5/28/20 02:13:04 PM Page: 1 Meridian City Council Meeting Agenda June 2,2020- Page 217 of 263 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 3590 - WW Construction Projects 60 - Enterprise Fund From 10/1/2019 Through 9/30/2020 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 10949 ITD - Eagle Rd to Locust 5,781.00 0.00 5,781.00 100.00% Grove 10949.a ITD - Locust Grove at 0.00 5,781.00 (5,781.00) 0.00% Chinden Sewer Extension 10972 ITD - Chinden Blvd, SH16 5,000.00 0.00 5,000.00 100.00% to Linder 10976.a ACHD - Locust Grove - 0.00 44,597.00 (44,597.00) 0.00% Overland to Victory Total Capital Outlay 1,297,871.00 760,717.68 537,153.32 41.39% TOTAL EXPENDITURES 1,297,871.00 760,717.68 537,153.32 41.39% Date: 5/28/20 02:13:04 PM Page: 2 Meridian City Council Meeting Agenda June 2,2020- Page 218 of 263 Mayor Robert E. Simison W I DIAN City Council regmbers Bernt Tre ernt Joe Borton Public Works I D A H C Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Troy Thrall Staff Engineer II DATE: April 20, 2020 SUBJECT: PURCHASE ORDER FOR$518,303.75 FOR UTILITY IMPROVEMENTS IN CONJUNCTION WITH THE ACHD TEN MILE ROAD, USTICK RD TO MCMILLAN RD PROJECT. 1. RECOMMENDED ACTION A. Move to: Approve a purchase order of$518,303.75 for utility improvements in conjunction with the ACHD Ten Mile Road, Ustick Rd to McMillan Rd project (ACHD Project 518001 / City of Meridian Project 10913) according to the Interagency Agreement approved by Council and executed September 17, 2019. B. Authorize the Procurements Manager to issue the purchase order for a not-to- exceed amount of$518,303.75. II. DEPARTMENT CONTACT PERSONS Troy Thrall, Staff Engineer II 208-489-0348 Clint Dolsby, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 III. DESCRIPTION A. Backgroun ACHD is widening Ten Mile Road between Ustick Road and McMillan Road to five lanes with sidewalks and bike lanes. Per the attached Interagency Agreement, ACHD has included City water and sewer improvements as part of their project. Also per the Agreement, ACHD has provided a bid abstract for Meridian City Council MAtiniro$n�a June 2,2020— Page 219 of 263 the City's portion of work. With a completed bid abstract, the City must now allocate funds with a Purchase Order. B. Proposed Project This project includes the construction of water, reuse and sewer improvements. The water and reuse improvements will include removing the existing water main from the bridge over Five Mile Creek and installing it under the creek, adjusting water mains and reuse mains as they conflict with irrigation lines, adjusting fire hydrant locations, and adjusting water and reuse valve boxes. The sewer improvements include extending sewer service stubs to the new right-of- way line, and adjusting manholes to grade. IV. IMPACT A. Strategic Impact: This project aligns with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents are being minimized by partnering with ACHD. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are $518,303.75and is funded from two different accounts as shown below. Project Costs: ---------------------------------------------------------------------------------------------------------- Fiscal Year 2020 --------------------------------------------------------------------------------------------------------- Construction Cost $472,996.60 --------------------------------------------------------------------------------- ACHD Cost Share $21,657.32 --------------------------------------------------------------------------------------------------------- ACHD Overhead Costs $23,649.83 ------------------------------------ -------------------------------------------------------------------------------------------------------- Total $518,303.75 -----------------------------------------------------------------------I------------------ 3.75 Available Project Funding_ r i Fiscal Year 2020 Account Code/Codes Water Main Extensions 60-3490-96140 $301,338.61 ------ --------------------------- ------------------------------------ --------------- Sewer Main Extensions 60-3590-93505 $216,965.14 ---------------------------------- ------------------------------------ --------------------------------- : Total Funding____________ L $518,303.75 ---------------------------------- --- ------------------------------------------------------------------------------------------------- V. TIME CONSTRAINTS ACHD will start billing for construction on this project in June 2020. City approval of this agreement is required for ACHD to install water and sewer improvements as part of their project. Meridian City Council Mpft)�N24pyrpa June 2,2020— Page 220 of 263 VI. LIST OF ATTACHMENTS A. ACHD Sewer and Water Bid Results from Central Paving Company, Inc. B. Interagency Agreement Approved for Council Agenda: Meridian City Council Mpjj)ff31gjr31a June 2,2020— Page 221 of 263 City of Meridian Utility Improvements Ten Mile Road Ustick Road to McMillan Road ACHD Project No.518001 City Project No.10913 Central Paving Bid Results Water Sewer Item No. Item Description Estimated Unit Unit Item Item Item Quantity Price Total Total Total 205.4.1.B.1. DEWATERING 1 LS $38,600.00 $38,600.00 $0.00 $38,600.00 303.4.1.B.3. POTHOLE REUSE MAIN AND INSTALL MARKER BALL(PROVIDED BY CITY) 6 EA $788.00 $4,728.00 $0.00 $4,728.00 306.4.1.13.1. IMPORTED TRENCH BACKFILL,TYPE A(PRE-APPROVAL REQUIRED) 300 TON $34.60 $10,380.00 $0.00 $10,380.00 307.4.1.G.1. TYPE P SURFACE RESTORATION-TEMPORARY 341 SY $28.10 $9,582.10 $1,437.32 $8,144.79 310.4.1.A.1.a. 20"O,3/8"THICK STEEL CASING PIPE 75 LF $191.00 $14,325.00 $14,325.00 $0.00 310.4.1.A.1.b. 24"0,3/8"THICK STEEL CASING PIPE 219 LF $324.00 $70,956.00 $0.00 $70,956.00 310.4.1.A.1.c. 2"(IPS)HDPE,PE 3408/4710,DR11,WATER SERVICE PIPE SLEEVE 43 LF $23.80 $1,023.40 $1,023.40 $0.00 310.4.1.A.1.d. 6"PVC,AWWA C900,DR25,WATER CLASS SEWER SERVICE PIPE SLEEVE 25 LF $28.10 $702.50 $0.00 $702.50 310.4.1.A.1.e. 8"PVC,AWWA C900,DR25,WATER CLASS SEWER SERVICE PIPE SLEEVE 68 LF $29.50 $2,006.00 $0.00 $2,006.00 310.4.1.A.1.f. 16"PVC,AWWA C905,DR25,WATER PIPE SLEEVE 24 LF $86.40 $2,073.60 $2,073.60 $0.00 401.4.1.A.1.a. 6"PVC,AWWA C900,DR 18,WATER MAIN 126 LF $133.00 $16,758.00 $16,758.00 $0.00 401.4.1.A.1.b. 8"PVC,AWWA C900,DR 18,WATER MAIN 38 LF $148.00 $5,624.00 $5,624.00 $0.00 401.4.1.A.1.c. 12"PVC,AWWA C900,DR 18,WATER MAIN 228 LF $176.00 $40,128.00 $40,128.00 $0.00 402.4.1.A.1.a. 6"GATE VALVE 3 EA $1,800.00 $5,400.00 $5,400.00 $0.00 402.4.1.A.1.b. 12"GATE VALVE 1 EA $3,500.00 $3,500.00 $3,500.00 $0.00 403.4.1.A.1. FIRE HYDRANT ASSEMBLY 2 EA $4,500.00 $9,000.00 $9,000.00 $0.00 404.4.1.A.1. 1"0 STANDARD WATER SERVICE CONNECTION 6 EA $4,700.00 $28,200.00 $28,200.00 $0.00 404.4.1.B.1. LEAK DETECTION STATION PER MERIDIAN SD-W14 1 EA $3,100.00 $3,100.00 $3,100.00 $0.00 503.4.1.A.3. 4"SEWER SERVICE CLEANOUT 1 EA $1,600.00 $1,600.00 $0.00 $1,600.00 504.4.1.A.1.a. 4"PVC,ASTM D3034,SEWER SERVICE PIPE 60 LF $110.00 $6,600.00 $6,600.00 $0.00 504.4.1.A.1.b. 4"PVC,AWWA C900,DR18,WATER CLASS SEWER SERVICE PIPE 122 LF $122.00 $14,884.00 $14,884.00 $0.00 504.4.1.A.1.c. 6"PVC,ASTM D3034,SEWER SERVICE PIPE 94 LF $118.00 $11,092.00 $11,092.00 $0.00 504.4.1.D.1.a. 4"SEWER SERVICE CONNECTION TO MAIN 2 EA $2,200.00 $4,400.00 $4,400.00 $0.00 504.4.1.D.1.b. 6"SEWER SERVICE CONNECTION TO MAIN 2 EA $2,400.00 $4,800.00 $4,800.00 $0.00 507.4.1.K.1. SEWAGE FLOW CONTROL 1 LS $41,700.00 $41,700.00 $41,700.00 $0.00 1202.4.1.A.1. 14"REUSE GATE VALVE 1 EA $11,300.00 $11,300.00 $0.00 $11,300.00 2030.4.1.C.1. ADJUST EXISTING VALVE BOX TO GRADE 24 EA $756.00 $18,144.00 $0.00 $18,144.00 2030.4.1.D.1. ADJUST EXISTING SEWER MAIN DIVERSION STRUCTURE TO GRADE 1 EA $2,200.00 $2,200.00 $0.00 $2,200.00 2030.4.1.E.1. RELOCATE MERIDIAN FIBER OPTIC JUNCTION BOX 2 EA $419.00 $838.00 $0.00 $838.00 SP-M04002 HOT TAP EXISTING WATER MAIN 3 EA $4,600.00 $13,800.00 $13,800.00 $0.00 SP-M04003 RELOCATE EXISTING FIRE HYDRANT 1 EA $3,200.00 $3,200.00 $3,200.00 $0.00 SP-MO4004 2"BLOW-OFF ASSEMBLY PER MERIDIAN SD-W12 1 EA $3,100.00 $3,100.00 $3,100.00 $0.00 SP-M04007.a ABANDON EXISTING FIRE HYDRANT 2 EA $1,300.00 $2,600.00 $2,600.00 $0.00 SP-M04007.15 ABANDON EXISTING WATER MAIN FLUSH LINE 1 EA $2,400.00 $2,400.00 $2,400.00 $0.00 SP-M04007.c ABANDON EXISTING WATER MAIN 2 EA $2,700.00 $5,400.00 $5,400.00 $0.00 SP-MO409 RELOCATE EXISTING WATER METER 1 EA $4200.00 $2,200.00 $2,200.00 $0.00 SP-M04015.a ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING 5 EA $4,300.00 $21,500.00 $21,500.00 $0.00 SP-M04015.15 ADJUST EXISTING REUSE MAIN AT NEW PIPE CROSSING 4 EA $7,100.00 $28,400.00 $0.00 $28,400.00 SP-MO4021 ADJUST EXISTING WATER METER TO GRADE 2 EA $1,000.00 $2,000.00 $2,000.00 $0.00 SP-MO4022 1"WATER SERVICE LINE 80 LF $59.40 $4,752.00 $4,752.00 $0.00 Subtotal $472,996.60 $274,997.32 $197,999.29 overhead $23,649.83 $13,749.87 $9,899.96 cost share $21,657.32 $12,591.43 $9,065.89 Total $518,303.75 $301,338.61 $216,965.14 cost share estimate 5/15/2020 Meridian City Council Meeting Agenda June 2,2020- Page 222 of 263 INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION TEN MILE ROAD, USTICK ROAD TO MCMILLAN ROAD ACHD PROJECT NO. 518001 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTIONANATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this . - day of , 2019, 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. 518001. 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; WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction project known as TEN MILE ROAD, USTICK ROAD TO MCMILLAN ROAD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including but not limited to relocations, service line extensions and minor modifications to existing systems (collectively, "City Water and Sewer Improvements") as detailed in Project no. 518001, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'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; 4 Page 1 of 8 Meridian City Council Meeting Agenda June 2,2020— Page 223 of 263 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 alia, 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 MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'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 MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements from the Project. MERIDIAN 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. d. Include in the CONTRACT a term providing that MERIDIAN will have the right 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 MERIDIAN. e. Coordinate with MERIDIAN 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. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN 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 MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN'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 Meridian City Council Meeting Agenda June 2,2020— Page 224 of 263 i. 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. At the conclusion of the Project, submit to MERIDIAN written documentation of 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. 2. 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 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 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. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.e., 1.f. or 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 the construction costs attributable to the quantities of items that would have been required for MERIDIAN to patch and/or repave trenches in the roadway if the work was done outside of the ACHD Project. Costs will be calculated from the unit prices of the awarded bid. Design costs for the ACHD Project completed by MERIDIAN will be deducted from the reimbursement to DISTRICT. Exact items, quantities and design costs will be agreed to by both parties. f. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the Page 3 of 8 Meridian City Council Meeting Agenda June 2,2020— Page 225 of 263 additional costs incurred 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. g. Reimburse DISTRICT 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 MERIDIAN's project costs as they relate to the total project construction costs. h. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (V) 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. i. 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. MERIDIAN's liability and duty to indemnify, defend, 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). j. 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. k. Indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, 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 MERIDIAN or MERIDIAN'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 MERIDIAN shall in no event cause the liability of MERIDIAN 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. Page 4 of 8 Meridian City Council Meeting Agenda June 2,2020— Page 226 of 263 I. 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 MERIDIAN and MERIDIAN shall indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, 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. MERIDIAN's liability and duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article Vlll, Section 3, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act). 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 MERIDIAN for MERIDIAN'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 MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'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. 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. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. Page 5 of 8 Meridian City Council Meeting Agenda June 2,2020— Page 227 of 263 j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article Vlll, Section 3 of the Idaho Constitution. 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 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 the strict performance 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 departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. 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. 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 be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. Page 6of8 Meridian City Council Meeting Agenda June 2,2020— Page 228 of 263 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 MERIDIAN 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 Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By I ��G''� becca Arnold Director President, Board of Commissioners ATTEST: as AUG& CITY OF MERIDIAN LC> OA' �+[7h cif W (4�? L E ..IDIAN By: No } Chr Johns Tammy de Weerd �Rolrhe 7RE `y�� Ci Clerk Mayor Page 7 of S Meridian City Council Meeting Agenda June 2,2020— Page 229 of 263 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this }'` day of _ emI?e,� , 2019, before me, the undersigned, personally appeared REBECCA ARNOLD and President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whos names are subscribed to the within instrument, and acknowledged to me that they executed t e same for and on behalf of said body. UL Di(-) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above.Wrjtot;.•• •' SP AR • 11 cO`° %p = Notary Public for daho U �.r Residing at ' ?.?! , Idaho '•• '��p•A :OQ••• '••,,`s?q �� •..•' My commission expires: ••••.•........•.• August 13,2026 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this � day of 2019, before me, the undersigned, personally appeared TAMMY EYE WEERD and CHRIS JOHNSON, 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. _ - CHARLENE WAY ` J COMMISSION#67390 -- - NOTARY PUBLIC STATE OF IDAHO Notary Public fQr Idaho MY COMMISSION EXPIRES 3/28RZ Residing at , Idaho My commission expires: Page 8 of 8 Meridian City Council Meeting Agenda June 2,2020— Page 230 of 263