Agreement with ACHD Ustick Duane ComptonINTERAGENCY AGREEMENT FOR:
CONSTRUCTION~POTABLE WATER LINE ADJUSTMENTS
ROADWAY
USTICK ROAD - DUANE DRIVE TO CAMPTON WAY
ACRD PROJECT N0.507004.001
NCY AGREEMENT FOR ROADWAY CONSTRUCTIONIPOTABLE
THIS INTERAGE
" i made and entered into this~D day of
WATER LINE ADJUSTMENTS (Agreement ), s
~ 2011 b and between the ADA COUNTY HIGHWAY DISTRICT, a
tlY~ m ~ y
' r anized under the laws of the State of Idaho ("DISTRICT" or "ACRD"), and
highway district o g
RIDIAN a munici al cor oration organized under the laws of the State of
the CITY OF ME p p
Idaho "MERIDIAN"} regarding ACRD Project no. 507004.001.
RECITALS
WHEREAS ACRD is a sin le county-wide highway district, a public entity, organized
g
d existin ursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented,
an gp ,
with the exclusive urisdiction, and authority to maintain, improve, regulate, and operate
1
public rights-of-way in Ada County;
WHEREAS, Cit is a municipal corporation organized and operating pursuant to
y .... .
Idaho Code Title 50, as amended and supplemented with ~urisd~ction, 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 an one or more other public agencies to perform any governmental service,
Y
activit or undertakin which each public agency entering into the contract is authorized by
Y~ g
law to erform, rovided that such contract is authorized by the governing body of each party
p p
and that such contract shall set forth fully the purposes, powers, rights, objectives and
responsibilities of the contracting parties;
WHEREAS, DISTRICT and MERIDIAN desire to undertake a joint effort to share the
tasks and costs of reconstructing Ustick Road between Duane Drive and Campton Way
"Project Boundaries"}, including potable water line adjustments and installation of road
1
millin s as detailed in Project Number 507004.001, constructed pursuant to a separately-
g „,
executed a reement between DISTRICT and the selected Contractor ~ CONTRACT }, and
g
WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by
includin ad'ustment of potable water lines and installation of road millings in the Project
g 1
tans so Ion as the DISTRICT receives assurances that the DISTRICT will be reimbursed
p g
for costs and expenses attributed to the installation of the potable water lines and installation
of road millings within the Project Boundaries;
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
Page 1 of 5
' le water line work and installation of road millings referenced
reconstruction and potab ,
' ACT shall include, infer alia, a provision that all work required
herein, which CONTR
water facilities shall be performed in conformance with the most
for the potable
' ' the Idaho Standards for Public Works Construction (ISPWC} and
current edition of
urrent Cit of Meridian Supplemental Specifications to the ISPWC;
the most c y
' MERIDIAN with a com lete set of combined bid documents for the roadway
b. Provide p ..
truction and for the otable water line work and installation of road millings
recons p
referenced herein;
' h MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S
c. Furnis
concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to
making such award;
Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of
d.
the CONTRACT or work pursuant thereto that does or may impact MERIDIAN's
potable water line work and installation of road millings;
e. Make month) ro ress payments and the final CONTRACT payment to the
y p g
Contractor in conformance with the terms of the construction CONTRACT;
f. Submit to MERIDIAN a copy of each Contractor progress payment estimate, as such
estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence
re ardin MERIDIAN's portion of the CONTRACT, together with an invoice for
g g
MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to
Contractor;
Provide for the reference and replacement of all pre-existing survey monuments
g
within the Project; and
h. Provide the trench compaction testing for the potable water line facilities from one
foot 1' above the pipe zone to sub-grade of the roadway section; trench compaction
()
testin shall be provided at the minimum frequency rate of one (1 } test per five
g
hundred (500} lineal feet per one foot (1'} of trench depth; provide all re-testing
required in any area that does not meet CONTRACT requirements.
2. MERIDIAN SHALL:
a. Provide the inspection of all potable water facilities installed and adjusted and
installation of road millings under the CONTRACT and provide copies of appropriate
tests and diaries to the District Project Representative as designated by DISTRICT;
b. Provide DISTRICT with the special provisions for the potable water facilities and
installation of road millings to be included in the bid documents for the CONTRACT, ;
c. Remit to DISTRICT, within thirty-five (35} calendar days after the date of invoice
therefor, all funds for which MERIDIAN is responsible pursuant to the approved final
CONTRACT;
Page 2 of 5
d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice,
therefor, all funds for which MERIDIAN is responsible pursuant to this Agreement;
. Reimburse DISTRICT, u to a maximum of five percent (5%~ of MERIDIAN'S
e p
construction costs for all additional costs incurred by the DISTRICT, including
overhead and benefits, roject administration, compaction testing, and soils work
p
re uired sole) for the installations, adjustments, relocations, and abandonments of
q Y ..
the potable water facilities and installation of road millings;
f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours, and weekly
meetin s on a rorated basis. The prorated basis for the above items will be
9 p
calculated usin the ercentage of MERIDIAN s project costs as they relate to the
9 p
total project construction costs;
Be liable for the cost of repairing any trench failure attributable to failure of potable
g II costs and
water lines, and be liable for and hold the District harmless for any and a
damages resulting from any such trench failure; and
h. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs
s ecificall enumerated herein, where such costs are attributable to the installations,
p Y
adjustments, relocations, and abandonments of MERIDIAN'S portion of the potable
J .
water facilities and installation of road millings or to the removal of any or all items
from the CONTRACT that are associated with the installation of potable water
pipelines and installation of road millings.
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and
ob'ectives 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 amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of
the Project shall be based on the actual quantities of work acceptably performed,
1
andlor, installed, as determined from field measurements made by MERIDIAN, and
paid for pursuant to the unit established in the CONTRACT.
c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change
order work involving the installations, adjustments, relocations, and abandonments of
potable water facilities and installation of road millings.
d. Prior to commencement of work by the Contractor, the parties will, together with the
Contractor, inspect within the entire Project Boundaries for the purpose of resolving
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.
Page 3 of 5
' to this A reement re resent and warrant that they have the power to
f. All signatories g p
' ement and to bind the a ency they represent to the terms of this
execute this Agre g
Agreement.
' rt to this A reement be required to commence legal action against
g. Should either pay g , ,
enforce the terms and conditions of this Agreement, the prevailing party
the other to
e entitled to reasonable attorney's fees and costs incurred in said action.
shall b
tion at law suit in a uit ,arbitration or judicial proceeding for the enforcement
h. Any ac q Y
i A reement shall be instituted only in the courts of the State of Idaho, County
of th s g
of Ada.
' i A reement shall be bindin upon and inure to the benefit of the personal
i. Th s g g
re resentatives, heirs and assigns of the respective parties hereto.
p
' Nothin in this A reement shall be construed to be an indebtedness or liability in
J~ g g
violation of Article VIII, Section 3 of the Idaho Constitution.
k. The validit , meanin ,and effect of this Agreement shall be determined in
Y g
accordance with the laws of the State of Idaho.
I. This A reement and the exhibits hereto constitute the full and entire understanding
g ,
and a reement between the parties with regard to the transaction contemplated
g ,
herein, and no party shall be liable or bound to the other in any manner by any
re resentations, warranties, covenants and agreements except as specifically set
p
forth herein.
m. The romises, covenants, conditions, and agreements herein contained shall be
p
bindin on each of the parties hereto and on all parties and all persons claiming
g .
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.
n. If an art of this Agreement is held to be illegal or unenforceable by a court of
Yp
com etent 'urisdiction, the remainder of this Agreement shall be given effect to the
p 1
fullest extent reasonably possible.
o. The failure of a party to insist on the strict performance of any provision of this
A reement or to exercise any right or remedy upon a breach hereof shall not
g ..
constitute a waiver of any provision of this Agreement or limit such party s right to
enforce any provision or exercise any right. (Vo 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.
The headings used in this Agreement are used for convenience only and are not to
p
be considered in construing or interpreting this Agreement.
This Agreement may be executed in two or more counterparts, each of which shall be
q
deemed an original, but both of which together shall constitute one and the same.
Page 4 of 5
' ree that nothin herein contained shall be construed to create a
r. The parties hereto ag g
' ~ rshi or other similar relationship which might subject any party
point venture, panne p,
' ' ' the debts andlor obli ations of the others, except as otherwise
to liability for 9
expressly agreed in this Agreement.
' he essence for all events and obligations to be performed under this
s. Time shall be of t
Agreement.
HEREOF the arties hereto have executed this Agreement on the day
I N W ITN ESS p
and year herein first written.
ADA COUNTY HIGHWAY DISTRICT:
._
:~
~..
`` ~ :~-. ~
• WKb~° ~
iMiMp
~~ ruce Wong, Director
~~-.
+`ii~ii/li11111~~~~~r
,~~ , ~ .
~-
C~
~-
~'
~-
~+w-
A
~ ~:
8L1~
~•
'4 .
I`Ii ~ ~~'`~«
a~ tv ,•
'? +i+i+11f1111~~~'
' ~. ~ ~+
,~ ,.
,~~
~M~:,.
~~` ,
R cca W. Arnold, President
ACRD Board of Commissioners
'iiN~r~l/ll/~,,
4~~`N~~ ~~`'
,~ •.
''r4 ' ~ :.
,p~, '~'
~',~~ ~
,~
., .~ i~
,ail/1i1111~~~;
STATE OF IDAHO
ss:
County of ADA )
I HEREBY CERTIFY that on this ~ day of ~, 2011,
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Bruce Wong, proven to me to be the
person who executed the said instrument, and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate first
above written. -
~ ~~~
Notary P blic for Idaho
Residing at Gf-~ ~ ,Idaho
My Commission Expires: ~ • u • 2~ ~ ~
STATE OF IDAHO
) ss:
County of ADA ) ~
I HEREBY CERTIFY that on this - day of ~ • ,
2011, before the undersigned, a Notary Public in the State of
Idaho, personally appeared Rebecca W. Arnold, proven to me
to be the person who executed the said instrument, and
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, t day and year in this certificate first
abov writ en. ,
~•
Notary ublic fo Idaho - .
Residi g at ,Idaho
My Commission Expires: ~ • l
CITY OF MERIDIAN:
f
?~
-~~~~ '~~
~.
Tam d Weerd
Mayor
ATTEST:
Page 5 of 5