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Award of Bid & Contract for ACHD Split Corridor Phase 1R~cErvE~ ~~ z s zoos CITYOF~ ID~~~, CITY CLERKS OFFICE Memo To: Jaycee Holman; Tara Green From: John Boyd, Engineering Tech II jboyd@meridiancity.org Meridian Public Works Department Development Services Division 33 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, Kyle Radek, Scott Steckline, Tom Barry Date: 2/26/2009 Re: Proposed Agenda Item for March 3, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 3, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Approval of bid for Water and Sewer Improvements in conjunction with the ACHD Split Corridor Phase 1 Project The bid amount for the water and sewer improvements for the overall project is $110,401.40. Including the 5% administrative costs per the ACHD cooperative agreement approved on October 28, 2008, the total amount for the project is $115,921.47. Recommended Council Action: The Public Works Department recommends that City Council approves the bid of $110,401.40 and the administrative costs for ACHD of $5520.07 for a total of $115,921.47 for Water and Sewer Improvements in conjunction with the ACHD Split Corridor Phase 1 Project and authorizes Public Works to go ahead with the project. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 ttached is the bid Abstract from ACRD, F~cecuted Agreement for the Construction with ACHD and the City Council Minutes recommending acceptance of the low bid amount to Nampa Paving. The task order is for $46,994. Recommended Council Action: The Public Works Department recommends that City Council approve and sign the Standard Form of Agreement with JUB Engineers for the Ten Mile Road -Franklin Rd to Cheny Lane Improvement Project In Conjunction with ACRD Project Number 504003 project for the amount of $46,994. Thank you for your consideration. Please feel free to contact me if you have any questions. ~~ • Page 2 AGREEMENT 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 thisday 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 facilit"ses 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; Page 1 of 5 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 estima#es 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 #acilities 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; Page 2 of 5 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 iterns 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 C(JNTRACT 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 #o the subject matter hereof; Page 3 of 5 e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by bath 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 ar 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. Sc weitzer Executive Assistant.~~""""""'~~~,,~ Director i" ATTEST: ,~~~~`~~~ ro y~~'~,~ CITY OF MERIDIAN ~ EAL - - ~~ ~~~'~~' By: / _ By: ~ _ Jay Holm~tj Q r ~s~ • ,~~ ~ ' . \ Tammy de Weerd City Clerk ~~~C O(~~ , ~~~ `~ Mayor /tllllltltl~` Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this (5~'"~ day of (~ c.~-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. '~~}~: ~L A UC~~ .~. .~ ti A~ ~ ~O~ARY ~i .* ~ ~ ~•~~~ ;. ~'* •.~ P U B~' 1~~ .c.~ Notary Public for Idaho, Residing at ~gs-- ,Idaho My commission expires: +-4 ts- L 6D~ STATE OF IDAHO f'""" ss. COUNTY OF ADA ) On this ~` day of Q tnr<be~' 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. ~r,~ +• :~ ;L7• ~~ ~ . ~ .~: C ~ .- ~ .' • ~~a - ----- • Notary Public f daho Residing at ,Idaho My commission expires: t0-~r--I! Page 5 of 5