Agreement with ACHD for Meridian Rd. & Main Street Split CorridorAGREEMENT FOR:
ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS
MERIDIAN ROAD AND MAIN STREET (PHASE 1 OF SPLIT CORRIDOR)
I-84 TO FRANKLIN
ACRD PROJECT N0.506040
THIS AGREEMENT made and entered into this +~' -day of ' , 2008, 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 constructing the portion of the Split Corridor roadway
project south of Franklin Road, including water and sanitary sewer installations,
adjustments, relocations, and abandonments as detailed in Project Number 506040,
hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
arranging for installations, adjustments, relocations, and abandonments of the water
and sanitary sewer facilities 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 water and the sanitary
sewer facilities 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 installations, adjustments, relocations, and abandonments
of the water and sanitary sewer facilities referenced herein;
b. Provide MERIDIAN with a complete set of combined bid documents for the
roadway reconstruction, and for the installations, adjustments, relocations, and
abandonments of the water and sanitary sewer facilities 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 installations, adjustments, relocations, and
abandonments of the water and sanitary sewer facilities 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 installations, adjustments, relocations, and abandonments of
the water and sanitary sewer 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 latest 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 five (5) percent of MERIDIAN'S
construction costs for all additional costs incurred by the DISTRICT, including
overhead and benefits, project administration, compaction testing, and soils
work required solely for the installations, adjustments, relocations, and
abandonments of the water and sanitary sewer 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
installations, adjustments, relocations, and abandonments of the water and
sanitary sewer facilities 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
installations, adjustments, relocations, and abandonments of the water and
sanitary sewer facilities;
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;
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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
against the other to enforce the terms
prevailing party shall be entitled to
incurred in said action;
be required to commence legal action
and conditions of this Agreement, the
reasonable attorney's fees and costs
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
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: _ By:
Susan Slaughter William J. wei~er
Executive Assistant ~~~,,~~~~~~~~~~~,,,~ Director
ATTEST: `~~.~`~~~'~~ ~~qy%,,,
~ '' CITY OF
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$IEAL y:
By: ~
Jay a HolmariG,~'~~q t fS't . P.r ~~~• Tammy de eerd
City Clerk '~.,~ eo ~ ~~.~`~ Mayor
~~iNirl~ „tri~~~
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this 15'~"~' day of Q ~-~-o ~.-,- , 2008, before me, a notary
public in and for said state, personally appeared 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 ofFcial
seal the day and year first above written.
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* Z.• PUBL~G
•,•••'~.,.~ TL OF t9,~O
STATE OF IDAHO )
ss.
COUNTY OF ADA )
C~o a+•- ccM
Notary Public for Idaho
Residing at ~-~-- ,Idaho
My commission expires: ~-ss-za~q
On this ~' day of ~~~rrl ~/ 2008, before me, the
undersigned, personally appeared TAMMY DEWEERD and JAYCEE HOLMAN, 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 Publi for Id ho
Residing at ,Idaho
My commission expires: ll~ ~--~ ~
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