Interagency Agmt with ACHD - Construction of McMillan Rd/Locust Grove ProjectINTERAGENCY AGREEMENT FOR:
ROADWAY CONSTRUCTION /SEWER & WATER LINE IMPROVEMENTS
MCMILLAN ROAD AND LOCUST GROVE ROAD
ACHD PROJECT N0.307010
THIS AGREEMENT made and entered into this !~ day of SeD4-ern~y'2010, by and
between the ADA COUNTY HIGHWAY DISTRICT, by and through its Board of
Commissioners hereinafter called DISTRICT or ACHD, 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.
RECITALS
WHEREAS, ACHD is a single county-wide highway district, a public entity, organized
and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with
the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-
of-way in Ada County.
WHEREAS, City is a public entity organized and operating pursuant to Idaho Code
Title 50, as amended and supplemented. City is a municipal corporation with jurisdiction,
authority and police power to regulate and control municipal activities within the City.
WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may
contract with any one or more other public agencies to perform any governmental service,
activity, or undertaking which each public agency entering into the contract is authorized by law
to perform, provided that such contract is authorized by the governing body of each party and
that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities
of the contracting parties.
WHEREAS, the DISTRICT and MERIDIAN desire to undertake a joint effort to share
the tasks and costs of reconstructing the McMillan Road Locust Grove Road intersection,
including water and sanitary sewer installations as detailed in ACHD Project Number 307010,
hereinafter referred to as the CONTRACT.
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
arranging for installation of water lines and the sanitary sewer pipeline 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.
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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;
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 after obtaining MERIDIAN'S concurrence
regarding MERIDIAN'S portion of the work, 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;
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 contained in
MERIDIAN'S portion of the work.
2. MERIDIAN SHALL:
a. Be the party responsible to provide the inspection of all sanitary sewer and water
facilities installed under the CONTRACT and provide copies of appropriate tests and
diaries to the DISTRICT Project Representative. Field survey and grade control
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required for the installation of the sanitary sewer and water facilities installed under the
CONTRACT shall be provided by MERIDIAN;
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 most current edition of the Idaho Standards for
Public Works Construction (ISPWC) and the City of Meridian Supplemental
Specifications to the ISPWC);
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;
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;
f. Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and
weekly meetings 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;
g. Be liable for the cost of repairing any trench failures attributable to failure of sanitary
sewer and water lines, and be liable for and indemnify the DISTRICT for any and all
costs and damages resulting from any such trench failure; and
h. Reimburse DISTRICT for all other actual costs attributable to the installations,
adjustments, relocations, and abandonments of MERIDIAN'S portion 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. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives
of each of the parties are as set forth in the Recitals above. Each of the Recitals above
is incorporated into the body of this Agreement.
b. The CONTRACT amount for MERIDIAN'S 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 made by
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MERIDIAN, and paid for pursuant to the unit, and/or lump sum prices established in
the Contract;
c. MERIDIAN'S approval will be required for any change order work involving the
installations, adjustments, relocations, and abandonments of water and sanitary sewer
facilities;
d. 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;
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 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.
j. Nothing in this Agreement shall be construed to be an indebtedness or liability in
violation of Article VIII, Section 3 of the Idaho Constitution.
k. The validity, meaning, and effect of this Agreement shall be determined in accordance
with the laws of the State of Idaho.
I. This Agreement and the exhibits hereto constitute the full and entire understanding and
agreement between the parties with regard to the transaction contemplated herein, and
no party shall be liable or bound to the other in any manner by any representations,
warranties, covenants and agreements except as specifically set forth herein.
m. The promises, covenants, conditions, and agreements herein contained shall be binding
on each of the parties hereto and on all parties and all persons claiming under them or
any of them; and the rights and obligations hereof shall inure to the benefit of each of
the parties hereto and their respective successors and assigns.
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n. If any part of this Agreement is held to be illegal or unenforceable by a court of
competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extent reasonably possible.
o. The failure of a party to insist on the strict performance of any provision of this
Agreement or to exercise any right or remedy upon a breach hereof shall not constitute
a waiver of any provision of this Agreement or limit such party's right to enforce any
provision or exercise any right. No acknowledgments required hereunder, and no
modification or waiver of any provision of this Agreement or consent to departure
therefrom, shall be effective unless in writing and signed by ACRD and City.
p. The headings used in this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
q. This Agreement maybe executed in two or more counterparts, each of which shall be
deemed an original, but both of which together shall constitute one and the same.
r. The parties hereto agree that nothing herein contained shall be construed to create a
joint venture, partnership, or other similar relationship which might subject any party to
liability for the debts and/or obligations of the others, except as otherwise expressly
agreed in this Agreement.
s. Time shall be of the essence for all events and obligations to be performed under this
Agreement.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and
year herein first written.
ATTEST: ADA COUNTY HIGHWAY DISTRICT
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B
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William J. S eitzer Sherry R. uber
Director ,,,, <<~ ~ ~ <<,,, President, Board of Commissioners
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or 1,~~,~~ OF MERIDIAN.,.... _.....
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By: y ~'
Jaycee Holman ~, '9~ vsr ts~ . ~y de eerd
City Clerk ~''%, ~ C ~Q\,o~~ Mayor
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
.I- ~, ~,-t- , 2010, before me, a notary public in
On this ~ day of
and for said state, personally appeared S RRY R. HUBER known to me to be the
PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS
and the person who subscribed said name to the foregoing instrument, and acknowledged to me
that they executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SLA'rn '••,
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
~`-' V Q'l.~ i
Notary Public for Idaho
Residing at ~--v1-~- ,Idaho
My commission expires: ~.{ ~.~ _t5
On this ~_ day of ~e.~ ml~e.,~ , 2010, before me, the undersigned,
personally appeared TAMMY DE WEERD 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.
.••••••.
.••1CA JO~•.
:4,~'~ OTA~,~'~'di:
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' ~ Notary Public for Idaho
~' ~ Idaho
~s~;~~°[1BL1G,A~o: Residing at ~..l~,~r~dlav~
'•.9~ OF ~,: My commission expires: Joan ~ ~ ~ cal
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