ACHD Roadway Agmt for Eagle Rd, Victory to Ridenbaugh
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A G R EE M E NT FOR:
ROADWAY CONSTRUCTION I SEWER & WATER LINE IMPROVEMENTS
EAGLE ROAD, VICTORY TO THE RIDENBAUGH CANAL
ACHD PROJECT NO.504043
VICTORY ROAD & EAGLE ROAD INTERSECTION
ACHD PROJECT NO.303014
THIS AGREEMENT made and entered into this~ day ofS~'1tf~,<: ,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 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 Eagle Road from Victory to the Ridenbaugh
Canal and the Victory Road and Eagle Road intersection, including water and sanitary
sewer installations as detailed in Project Number 504043 and Project Number 303014,
hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
arranging for installation of the water lines and the sanitary sewer pipelines 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;
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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;
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, 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 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;
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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 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 approval will be required for any change order work involving the
sanitary sewer or water line installations;
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 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;
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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:
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By:
ATTEST:
ByA-k-
William G. Berg, Jr.
City Clerk
B.-- Z~ -lJ6
STATE OF IDAHO)
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COUNTY OF ADA )
On this <2..y.L- day of , 2006, before me, a notary
public in and for said state, personally ap eared 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.
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COUNTY OF ADA )
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Notary Public for Idaho
Residing at ~ , Idaho
My commission expires: 1..\- ~ - 2- cro,
On this i yi- day of ~t1n/:)eA/, 2006, before me, the
undersigned, personally appeared TAMMY EWEERD and WILLIAM 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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Notary Public for Idaho
Residing at /YL{ CkJ-<""-- , Idaho
My commission expires: IO-;y - II
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