Loading...
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 ~ Y g Cit of Meridian, a municipal corporation organized under Title 50, Idaho Code (City ). Y 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 ~ .. 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 ~ .. 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; Q ~~ z ~ ~,~ a =~ ~ -~ a ~, ~~ ~~ _~ cc ~ a o~ y~ ~i ~ ~N oC r ~~o W ~r ~~ W W~ ~~ ~ ° '~ c }- a o i ~ zaaoo~, ~WH~ ~a_ OOWW ~ Q ao a oc ~ 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 Y imate and submit to Cit a co of each estimate together with an invoice for City's est Y PY 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, g Y p pp . ad'ustments, relocations, and abandonments of potable water and sanitary sewer J 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 ( ) sanita sewer utilities from one foot (1') above the pipe zone to sub-grade of the ry roadway section; '. Provide all re-testing required in any area that does not meet Contract requirements; J 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 p ~ . 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 p 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, adjust hich reimbursement shall be calculated as the actual quantities of work acceptably w rmed and/or installed as determined from field measurements made by City, and perfo aid for ursuant to the unit, and/or lump sum prices established in the Contract; p p 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 g~ p 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 g 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 J . sanitar sewer utilities or to the removal of any or all items from the Contract that are y ... 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 ~~~.~,,, ~~~. Bruce Wong ~~~-~~~~-~._.~ becca W. Arnold Director President, Board of Commissioners ATTEST: ~Qa~~ao ~` ~ OF MERIDIAN I ~ ~G w City r~9~ € D1• -- ,, IDAHO C~ ~ B. ~ ,, Jaycee Holman `'~~r ~~~~' ammy a eerd ~~af~6e ?R City Clerk ~s~~~ Ma or y STATE OF IDAHO COUNTY OF ADA ss. ' s ~ li in On this -2 ~ da o ~! ~.c~,.. 2011 before me, a nota ub c y ~~ ~ p 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. ~ '~ y'~ ~OTAIp ~' Nota ubllc or Idaho !~ ~ ~ : Residing at ~ ,Idaho •~• My commission expires: . Z~ ~ AUBLt~ ., •'~~' 4 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, Qn t y . ersonall a eared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and Clty Clerk p Y pp res ectivel of MERIDIAN CITY, a municipal corporation, known to me to be the persons p y 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. •~•s~ J•+` ~.. .• 1G ----~1V'• . ~- z A~ ~~ .,c~, • ~~ w ~~ ~ ~ No ary Public for Idaho ' Idaho • Residing at ~~, , ~ '~ i ~''t.1'~L , ~' : M commission expires: ~~- ...• INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 6 OF 6