Agmt with ACHD for Franklin Rd - Touchmark - 5 Mile ProjectAGREEMENT FOR:
AY CONSTRUCTION (WATER LINE IMPROVEMENTS
ROADW
NKLIN ROAD TOUCHMARK WAY TO FIVE MILE ROAD
FRA
ACRD PROJECT N0.702042
R
MENT made and entered into this ~ ~ day of ~ , 2011, by
THIS AGREE
A COUNTY HIGHWAY DISTRICT, by and thro gh its Board of
and between the AD
' reinafter called DISTRICT, as first party, and the CITY OF
Commissioners he
munici al cor oration, b and through its Mayor and City Council
MERIDIAN, a p p Y ..
' (led MERIDIAN as second arty, both parties being a body politic and
hereinafter ca p
corporate of the State of Idaho.
WITNESSETH
WHEREAS the DISTRICT and MERIDIAN desire to undertake a joint effort to
the tasks and costs of reconstructing Franklin Road from Touchmark Way to Five
share
' Road includin water installations as detailed in Project Number 702042,
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hereinafter referred to as the CONTRACT.
WHEREAS the DISTRICT is willing to accommodate MERIDIAN'S request by
arran in for installation of otable water pipelines as part of the Project plans so long
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the DISTRICT receives assurances that the DISTRICT will be fully reimbursed for all
as
sts and ex enses it incurs as a result of additional work attributed to the installation of
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the water lines within the Project boundaries, including but not limited to, costs for
Chan ed conditions, Ian errors and omissions, and delays attributable to the water line
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design and installation.
WHEREAS, the CITY understands the Idaho Transportation Department will be
responsible for advertisement of the project and bid opening.
NOW THEREFORE, in consideration of the foregoing premises, mutual
covenants and a reement herein contained, the parties hereto agree as follows:
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1. DISTRICT SHALL:
a. Provide MERIDIAN with a complete set of combined bid documents for the
roadwa reconstruction, and for the water line installation work referenced
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herein;
b. Provide for the reference and replacement of all pre-existing survey monuments
within the work area;
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' ction testin for the water line facilities from 1-foot
c. Provide the trench compa g ,
' ne to sub- rade of the roadway section; trench compaction
above the pipe zo g
i ed at the minimum frequency rate of one (1) test per five
testing shall be prov d
' f et er foot of trench depth; provide all re-testing required
hundred (500) lineal e p
' an area that does not meet CONTRACT requirements; and
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' ' Id surve and rade control necessary for construction of the
d. Provide the fie y g
enterline or offsets and stationing shall be established prior to
roadway. C
MERIDIAN staking water lines and service lines.
2. MERIDIAN SHALL:
the art res onsible to rovide the inspection, field survey and grade
a. Be p y p p , , , .
ontrol re uired for the installation of all water facilities installed under the
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CONTRACT and rovide copies of appropriate tests and diaries to the District
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Project Representative;
b. Provide DISTRICT with the construction plans in the format of the Idaho
Trans ortation De artment, stand alone special provisions for inclusion in the
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bid acka e, and unit bid quantities for the water facilities to be included in the
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bid documents for the CONTRACT (all work required for the water facil~t~es to
be erformed in conformance with the latest Edition of the Idaho Standards for
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Public Works Construction (ISPWC) and the City of Meridian Supplemental
Specifications to the ISPWC);
c. Provide DISTRICT, prior to project bid, all funds for which MERIDIAN estimates
is necessa for MERIDIAN'S portion of the CONTRACT; should the bid for
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MERIDIAN'S ortion of the work be greater than the estimate, MERIDIAN shall
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rovide the additional amount necessary to fully fund MERIDIAN S portion of
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the CONTRACT;
d. 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 re uired sole) for the installations, adjustments, relocations, and
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abandonments of the water and sanitary sewer facilities;
e. Reimburse the DISTRICT for mobilization, traffic control, flagging, detours, and
week) meetin s on a prorated basis. The prorated basis for the above items
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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
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
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' ran additional costs to DISTRICT attributable to the
g. Reimburse District fo y ...
' tments relocations, and abandonments of the water facilities
installations, ad~us .
nor all items from the CONTRACT that are associated
or to the removal of a y
with the installation of water pipelines.
3. THE PARTIES HERETO FURTHER AGREE THAT:
' in funds that MERIDIAN has provided to DISTRICT up front for
a. Any remain g
N'S ortion of the CONTRACT shall be refunded to MERIDIAN after
MERIDIA p ..
' om letion and an a roved costs in excess of the original
project c p Y pp
RACT shall be reimbursed to DISTRICT by MERIDIAN, based on work
CONT
e tabl erformed as determined by field measurements made by
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MERIDIAN;
RIDIAN'S a royal will be re uired for any change order work involving the
b. ME pp q ...
installations ad'ustments, relocations, and abandonments of the water facilities;
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c. Prior to commencement of work by the Contractor, the parties will, together with
the Contractor, ins ect the entire project for the purpose of reviewing the project
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to locate and note any unstable areas and resolve any items of concern or
misunderstanding;
d. This A reement ma not be enlarged, modified, amended or altered except in
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writing signed by both of the parties hereto;
e. All si natories to this Agreement represent and warrant that they have the
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ower to execute this A reement and to bind the agency they represent to the
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terms of this Agreement;
f. Should either art to this Agreement be required to commence legal action
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a ainst the other to enforce the terms and conditions of this Agreement, the
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revailin art shall be entitled to reasonable attorneys fees and costs
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incurred in said action;
An action at law, suit in equity, arbitration or judicial proceeding for the
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enforcement of this A reement shall be instituted only in the courts of the State
9
of Idaho, County of Ada; and
h. This A reement shall be binding upon and inure to the benefit of the personal
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re resentatives, heirs and assigns of the respective parties hereto.
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i. An additional costs incurred by Idaho Transportation Department related to the
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water onion of the roject billed to DISTRICT will be reimbursed to DISTRICT
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by MERIDIAN.
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arties hereto have executed this Agreement on the day
IN WITNESS HEREOF, the p
and year herein first written.
Page 4 of 5
STATE OF IDAHO )
ss.
COUNTY OF ADA )
~ ~ ~ , 2011, before me, a notary
n this ~ day of ~
0 to me
' id state ersonall a peared REBECCA W. ARNOLD known
public in and for sa , p Y
ADA COUNTY HIGHWAY DISTRICT COMMISSION and
to be the PRESIDENT of the
' aid name to the fore oing instrument, and acknowledged
the person who subscribed s g
to me that they executed the same.
IN WITNESS WHEREOF, I have
seal the day and Year first above written.
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STATE OF ,,, ~~~''
ss.
COUNTY OF ADA )
hereunto set my hand and affixed my official
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Notary ublic f r Idahq ,
Residin at ~~ ~~~ ~~C~ ~~~~ ,Idaho
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My commission expires: ,~ • ~.~ ~ ? Gar ~..
' of ~D. , 2011, before me, the
On this ~ day
' ned ersonall a eared TAMMY D WEERD and JAYCEE HOLMAN, Mayor
undersig , p y pp , ,
' Clerk res ectivel of MERIDIAN CITY, a municipal corporation, known to me to
and City p Y
r ons whose names are subscribed to the within instrument, and
be the pe s
ed to me that the executed the same for and on behalf of said corporation.
acknowledg Y
TNESS WHEREOF, I have hereunto set my hand and affixed my official
IN WI
seal the day and year first above written.
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