Agreement w/ ACHD for NW 4th St Stormwater SewerAGREEMENT FOR:
STORM SEWER AND WATER MAIN IMPROVEMENTS
N®RThIWEST 4t" STREET WATER MAIN REPLACEMENT'
MERIDIAN PR®JECT NUMBER 100948
THIS AGREEMENT made and entered into this ~i`~day of , 2010, by
and between the CITY OF MERIDIAN, a municipal corporation, b and through its
Mayor and City Council hereinafter called MERIDIAN, as first party, and the ADA
COUNTY HIGHWAY DISTRICT, by and through its Board of Commissioners hereinafter
called DISTRICT as second party, both parties being a body politic and corporate of the
State of Idaho.
WiTBVESSETii
WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to
share the tasks and costs of replacing the Northwest 4t" Street Water Main from Maple
Avenue to Pine Avenue, including relocation of storm sewer as detailed in Project
Number 10094B, hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request to
relocate DISTRICT storm sewer facilities to the correct utility corridor by arranging for
said relocation as part of the Project plans so long as the DISTRICT receives
assurances that MERIDIAN will share paving costs related to the relocation of the storm
sewer within the Project boundaries.
NOW, THEREFORE, in consideration of the foregoing premises, mutual
covenants and agreement herein contained, the parties hereto agree as follows:
1. MERIDIAN SFIALL:
a. Be the party responsible for soliciting, receiving, and opening of bids and for
executing and administering the construction CONTRACT for the roadway
reconstruction, storm sewer relocation and water line installation work
referenced herein;
b. Provide DISTRICT with a complete set of combined bid documents for the
storm sewer relocation and water line installation work referenced herein;
c. Furnish DISTRICT with an abstract of all bids received, and obtain DISTRICT'S
concurrence with MERIDIAN'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;
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e. Submit to DISTRICT a copy of each Contractor progress payment estimate, as
such estimates are approved by MERIDIAN after obtaining DISTRICT'S
concurrence regarding DISTRICT'S portion of the work, together with an invoice
for DISTRICT'S share of the construction CONTRACT costs earned by and to
be paid to Contractor;
Provide the field survey and grade control necessary for the construction; and
g_Provide DISTRICT with the construction plans, special provisions, and unit bid
quantities for the storm sewer and associated roadway cross-section repairs to
be included in the bid documents for the CONTRACT (all work required for the
storm sewer and roadway facilities to be performed in conformance with the
most current edition of the Idaho Standards for Public Works Construction
(ISPWC) and ACHD's Supplemental Specification to the ISPWC.
2. DISTRICT SHALL:
a. Be the party responsible to provide the inspection required for the relocation of
the storm sewer facilities and associated roadway cross-section repairs
constructed under the CONTRACT;
b. Provide the compaction testing for the water facilities from 1-foot above the pipe
zone to sub-grade of the roadway section at a minimum frequency of 1 test per
500 lineal feet, as well as compaction testing for the storm sewer relocation and
associated roadway cross-section repairs; provide all re-testing required in any
area that does not meet CONTRACT requirements;
c. Remit to MERIDIAN, within thirty-five (35) calendar days after the date of
invoice therefore, all funds for which DISTRICT is responsible pursuant to the
approved final CONTRACT payment estimate;
d. Reimburse MERIDIAN for any additional costs to MERIDIAN attributable to the
relocation of DISTRICT'S storm sewer facilities and associated roadway cross-
section repairs or to the removal of any or all items from the Contract that are
associated with the above work.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. The CONTRACT amount for the storm sewer relocation and associated
roadway cross-section repairs portion of the project to be reimbursed to
MERIDIAN by DISTRICT shall be based on the actual quantities of work
acceptably performed, and/or, installed, as determined from field
measurements made by DISTRICT, and paid for pursuant to the unit, and/or
lump sum prices established in the Contract;
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b. MERIDIAN shall pay one-half of the total cost of asphalt pavement used for
DISTRICT'S storm sewer relocation and all asphalt pavement and base course
material costs necessary to meet DISTRICT'S pavement restoration
requirements for MERIDIAN'S portion of the work;
c. DISTRICT shall pay all costs for the storm sewer relocation including the new
storm sewer manhole, piping, road base materials, and associated costs
required for the storm sewer relocation, except that the DISTRICT shall pay for
half of the asphalt pavement costs as mentioned in the previous paragraph b;
d. DISTRICT'S approval will be required for any change order work involving the
installations, adjustments, relocations, and abandonments of the storm sewer
facilities and associated roadway cross-section repairs;
e. 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;
f. This Agreement may not be enlarged, modified, amended or altered except in
writing signed by both of the parties hereto;
g. 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;
h. 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; and
This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
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IN WITNESS HEREOF, the parties hereto have executed this Agreement on
the day and year herein first written.
ATTEST ~ ADA COUNTY HIGHWAY DISTRICT
G~/~iy
By: By:
Stacey Wright .James ington
Administrative Clerk Maintenance Manager
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ATTEST: `~~~.~~ ®F M~®~~%,e~
CITY OF MERIDIAN
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Jaycee Holman = ~ ~,°
~ hammy de rd
City Clerk '~.~~® T ts~ '
~°~° ~~~ Mayor
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this la day of ~~/~awvv~ , 2010, before me, a notary
public in and for said state, personally appeared F. James Buffington known to me to be
the Maintenance Manager 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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No ary u lic for Idaho
Residing at ~l_~o ,Idaho
My commission expires: ~p..r7~.-~~
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
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On this " I day of (~ ~ 2010, 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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'~ ,,PUBti'~GpQ~' Residing at ~ v n a. ,Idaho
'•S'1A~rE~o~ ~' My commission expires: Jan u , col ~
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