Interagency Agmt with ACHD for Pine Ave. Linder Rd Intersection Nine Mile Creek Pipe
INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/
POTABLE WATER AND SANITARY SEWER UTILITY IMPROVEMENTS:
PINE AVENUE AND CINDER ROAD INTERSECTION AND
NINE MILE CREEK PIPE REPLACEMENT
ACHD PROJECT N0.306007
THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/POTABLE WATER AND
SANITARY SEWER UTILITY IMPROVEMENTS FOR PINE AVENUE AND CINDER ROAD INTERSECTION
LACEMENT "A Bement" is made and entered into this ~ day
AND NINE MILE CREEK PIPE REP ( gr )
of ~ , 2011("Effective Date"), by and between the Ada County Highway
District a hi wa district or anized under Title 40, Chapter 14, Idaho Code ("ACHD"), and the
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Cit of Meridian, a municipal corporation organized under Title 50, Idaho Code (City ).
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WHEREAS, pursuant to Idaho Code § 67-2332, ACRD and City desire to undertake a
'oint effort to share the tasks and costs of reconstructing the Pine Avenue and Linder Road
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Intersection, including potable water and sanitary sewer utility adjustments and installations as
detailed in Project Number 306007 (the "Project"); and
WHEREAS, ACHD is willing to arrange for adjustments and installation of potable
water and sanitary sewer utilities as part of the Project plans so long as ACHD is fully
reimbursed for all costs and expenses it incurs as a result of additional work attributable to the
adjustments and installation of the potable water and sanitary sewer utilities within the Project
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boundaries, including but not limited to, costs for changed conditions, plan errors and omissions,
and delays attributable to the potable water and sanitary sewer utility design and installation;
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants
and agreement herein contained, the parties hereto agree as follows:
1. ACRD 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;
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d. Coordinate with City regarding execution and any modification of the Contract, with
regard to any provisions that may impact City's potable water and sanitary sewer utility
work;
e. Make monthly progress payments and the final payment to the Contractor in
conformance with the terms of the Contract;
INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE l OF 6
f. Obtain Cit 's concurrence prior to approval of each Contractor's progress payment
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imate and submit to Cit a co of each estimate together with an invoice for City's
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share of the Contract costs earned by and to be paid to Contractor;
Obtain Cit 's rior a royal for any change order work involving the installations,
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ad'ustments, relocations, and abandonments of potable water and sanitary sewer
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utilities;
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
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sanita sewer utilities from one foot (1') above the pipe zone to sub-grade of the
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roadway section;
'. Provide all re-testing required in any area that does not meet Contract requirements;
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k. Provide the field survey and grade control necessary for construction of the roadway;
1. 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. Ins ect all potable water and sanitary sewer utilities installed under the Contract and
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provide copies of appropriate tests and diaries to ACHD Project Representative,
b. Provide field survey and grade control required for the installation of the potable water
and sanitary sewer utilities installed under the Contract;
c. Provide ACHD with the construction plans, special provisions, and unit bid quantities for
the otable water and sanitary sewer utilities to be included in the bid documents for the
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Contract, including the requirement that all work regarding the potable water and sanitary
sewer utilities must be performed in conformance with the most current edition of the
Idaho Standards for Public Works Construction ("ISPWC") and the most current City of
Meridian Supplemental Specifications to the ISPWC;
d. Remit to ACHD, within thirty-five (35) days aver the date of invoice therefor, all funds
for which City is responsible pursuant to the approved final Contract and this Agreement;
e. Reimburse ACHD for all additional costs incurred by ACHD, 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. 306007 PAGE 2 OF 6
' ments relocations and abandonments of the water and sanitary sewer facilities,
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hich reimbursement shall be calculated as the actual quantities of work acceptably
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rmed and/or installed as determined from field measurements made by City, and
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aid for ursuant to the unit, and/or lump sum prices established in the Contract;
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f. Reimburse ACRD for mobilization, traffic control, flagging, detours, and weekly
meetin s on a rorated basis, to be calculated using the percentage of City's project costs
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as they relate to the total proj ect construction costs;
. Be liable for the cost of repairing any trench failures attributable to failure of potable
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water and sanitary sewer utilities; and
h. Reimburse ACRD for any additional costs to ACRD attributable to the installations,
ad'ustments, relocations, and abandonments of City's portion of the potable water and
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sanitar sewer utilities or to the removal of any or all items from the Contract that are
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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 inequity, 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;
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 construed to be an indebtedness or liability in
violation of Article VIII, 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 ACRD PROJECT N0.3O6007 PAGE 3 OF 6
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;
j. 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;
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;
1. 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;
m. This Agreement may be 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 No. 306007 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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Bruce Wong ~~~-~~~~-~._.~ becca W. Arnold
Director President, Board of Commissioners
ATTEST: ~Qa~~ao
~` ~ OF MERIDIAN
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IDAHO
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Jaycee Holman `'~~r ~~~~' ammy a eerd
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City Clerk ~s~~~ Ma or
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STATE OF IDAHO
COUNTY OF ADA
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On this -2 ~ da o ~! ~.c~,.. 2011 before me, a nota ub c
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and for said state, personally appeare REBECCA ARNOLD 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 ereunto set my hand and affixed my official seal the
day and year first above written.
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y'~ ~OTAIp ~' Nota ubllc or Idaho
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~ : Residing at ~ ,Idaho
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My commission expires: . Z~ ~
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INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 5 4F 6
STATE OF IDAHO )
ss.
COUNTY OF ADA )
his da of (~.,~ ~ , 2011, before me, the undersigned,
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ersonall a eared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and Clty Clerk
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res ectivel of MERIDIAN CITY, a municipal corporation, known to me to be the persons
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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 WHEREQF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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No ary Public for Idaho
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~ '~ i ~''t.1'~L , ~' : M commission expires: ~~-
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INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 6 OF 6