Interagency Agreement with ACHD for Ustick Road/Ten Mile Intersection ProjectINTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/
RECYCLED & POTABLE WATER LINE IMPROVEMENTS:
USTICK ROAD AND TEN MILE ROAD INTERSECTION
ACHD PROJECT N0.310023
THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/RECYCLED & POTABLE
WATER LINE IMPROVEMENTS FOR USTICK ROAD AND TEN MILE ROAD INTERSECTION
"A reement") is made and entered into this ~0 day of ~ mar , 2011
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"Effective Date"), by and between the Ada County Highway District, a highway district
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or anized under Title 40, Chapter 14, Idaho Code ("ACHD"), and the City of Meridian, a
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municipal corporation organized under Title 50, Idaho Code (City ).
WHEREAS, pursuant to Idaho Code § 67-2332, ACHD and City desire to undertake a
'oint effort to share the tasks and costs of reconstructing the Ustick Road and Ten Mile Road
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Intersection, including potable and recycled water line installations as detailed in Project Number
310023 (the "Project"); and
WHEREAS, ACRD is willing to arrange for installation of potable and recycled water
lines as art of the Project plans so long as ACHD is fully reimbursed for all costs and expenses
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it incurs as a result of additional work attributed to the installation of the potable and recycled
water lines within the Project boundaries, including but not limited to, costs for changed
conditions, lan errors and omissions, and delays attributable to the potable and recycled water
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lines design and installation.
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants
and agreement herein contained, the parties hereto agree as follows:
1. ACHD SHALL:
a. Solicit, receive, and open bids and for executing and administering the construction
contract for the Project referenced herein ("Contract");
b. Provide City with a complete set of combined bid documents for the roadway
reconstruction and for the potable water and sanitary sewer utility work referenced
herein;
c. Furnish City with an abstract of all bids received, and obtain City's concurrence with
ACHD's selection for award of the Contract prior to making such award;
d. Coordinate with City regarding execution and any modification of the Contract, with
regard to any provisions that may impact City's potable and recycled water line work;
e. Make monthly progress payments and the final Contract payment to the
Contractor in conformance with the terms of the construction Contract;
INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.31O023 PAGE l OF 6
f. Obtain City's concurrence prior to approval of each Contractor's progress payment
estimate and submit to City a copy of each estimate together with an invoice for City's
share of the Contract costs. earned by and to be paid to Contractor;
g. Obtain City's prior approval for any change order work involving the installations,
adjustments, relocations, and abandonments of potable water and recycled water lines;
h. Provide for the reference and replacement of all pre-existing survey monuments within
the Work area;
i. Provide the trench compaction testing, at the minimum frequency rate of one (1) test per
five hundred (500) lineal feet per one foot (1') of trench depth, for the potable water and
sanitary sewer utilities from one foot (1') above the pipe zone to sub-grade of the
roadway section;
j. Provide all re-testing required in any area that does not meet Contract requirements;
k. Provide the field survey and grade control necessary for construction of the roadway;
Establish centerline or offsets and stationing prior to City staking potable water and
sanitary sewer utilities contained in City's portion of the work; and
m. Coordinate with City prior to making changes to ACHD's portion of the Contract where
such changes may impact City's portion of the Contract.
2. CITY SHALL:
a. Inspect all potable and recycled water facilities installed under the Contract and provide
copies of appropriate tests and diaries to the ACHD Project Representative;
b. Provide field survey and grade control required for the installation of the potable and
recycled water facilities installed under the Contract;
c. Provide ACHD with the construction plans, special provisions, and unit bid quantities
For the potable and recycled water facilities to be included in the bid documents for the
Contract, including the requirement that all work regarding the potable and recycled
water facilities must be performed in conformance with the most current edition of the
Idaho Standards for Public Works Construction ("ISPWC") and the most cutrent City of
Meridian Supplemental Specifications to the ISPWC;
d. Remit to ACRD, within thirty-five (35) days after the date of invoice therefor, all fonds
for which City is responsible pursuant to the approved final Contract and this
Agreement;
e. Reimburse ACHD for all additional costs incurred by ACRD, up to a maximum of five
percent (5%) of City's construction costs, including overhead and benefits, project
administration, compaction testing, and soils work required solely for the installations,
INTERAGENCY AGREEMENT FOR ACHD PROJECT NO. 310023 PAGE 2 OF 6
adjusttents, relocations, and abandonments of potable and t~cycled water facilities,
which reimbursement shall be calculated as the actual quantities of work acceptably
performed, and/or, installed, as determined from field measurements made by City, and
paid for pursuant to the unit, and/or lamp sum prices established in the Contract;
f. Reimburse ACHD for mobilization, traffic control, flagging, detours, and weekly
meetings, on a prorated basis, to be calculated using the percentage of City'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 potable
and recycled water facilities; and
h. Reimburse ACHD for any additional costs to ACRD attributable to the installations,
adjustments, relocations, and abandonments of City's portion of the potable and
recycled water facilities or to the removal of any or all items from the Contract that are
associated with the installation of potable water and sanitary sewer utilities.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. Prior to commencement of work by the Contractor, the Parties, together with the
Contractor, shall inspect the entire. Project for the purpose of locating and resolving any
items of concern or misunderstanding;
b. This Agreement may not be enlarged, modified, amended or altered except in writing
signed by both of the parties hereto;
c. 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;
d. 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;
e. Any action at law, suit in equity, m•bitration or judicial proceeding for the enforcement
of this Agreement shall be instituted only in the courts of the State of Idaho, County of
Ada;
f. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto;
g. Nothing in this Agreement shall be conswed to be an indebtedness or liability in
violation of Article VIH, Section 3 of the Idaho Constitution;
h. The validity, meaning, and effect of this Agreement shall be determined in accordance
with the laws of the State of Idaho;
INTERAGENCY AGREEMENT FOR ACHD PROJECT NO. 310023 PAGE 3 OP 6
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 pu•ty shall be liable or bound to the other in any manner by any representations,
warranties, covenants and agreements except as specifically set forth herein;
j. The promises, covenants, conditions, and agreements herein contained shall be binding
on each of theparties hereto and on all pasties 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;
k. 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;
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 ACHD and City;
rn. 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.
n. 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; and
o. Time shall be of the essence for all events and obligations to be performed under this
Agreement.
INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.310023 PAGE 4 OF 6
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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Bru ebecca W. Arnold
Director President, Board of Commissioners
ATTEST: ' ° ~ r ± ~ ~ ;
, ~ ~ ~ ~ 4 p CITY OF MERIDIAN
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By: '
Jay a olman = - 'Tam de eerd
City Clerk = ~'~.:_, lViay
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STATE OF IDAHO )
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COUNTY OF ADA )
On this. 7~ day , 2011, before me, a notary public in
and for said state, personally pp RNOLD 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.
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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a eared BECCA A
Not Public for Idaho
Residing at ,Idaho
My commission expires:
INTERAGENCY AGREEMENT FOR ACRD PROJECT N0.31O023 PAGE 5 OF 6
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this ~,~ day of ~~~~x~nb~n~ , 2011, 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.
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'~ ' ti~%~ x' Notary Public for Idaho
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•~~•:~ . ~ :: .~ Residing at ~-L V" l d (Q. vi, Idaho
My commission expires: J ce.~ ~-( gyp( c~
INTERAGENCY AGREEMENT FOR ACRD PROJECT N0.310023 PAGE 6 OF 6