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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; Page 1 of 5 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; Page 2 of 5 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. Page 3 of 5 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 `~,~~~~ ~ rrrrrr~ ATTEST: `~~~.~~ ®F M~®~~%,e~ CITY OF MERIDIAN M~ ~ ` rF ` ° ~~ y~ - 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. ~ "~ ~ ~D No ary u lic for Idaho Residing at ~l_~o ,Idaho My commission expires: ~p..r7~.-~~ Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) //~~ ~+ 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. ••Gp, JO1d~,•• ~ ~1,-,tAR~~.d' •~~~ ~ ~ • `, • ~ W, ~ , • •~~ ~ • • ~ ; . ', ~ No ary Public for Idaho o• '~ ,,PUBti'~GpQ~' Residing at ~ v n a. ,Idaho '•S'1A~rE~o~ ~' My commission expires: Jan u , col ~ Page 5 of 5