Loading...
Interagency Agreement with Ada County Highway District ACHD for Construction of Franklin Rd 10 Mile to Linder Roadway Construction and Potable/Recycled Water and Sewer Line~:. ^~ INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/POTABLE AND RECYCLED WATER AND SEWER LINES FRANKLIN ROAD -TEN MILE TO CINDER ACHD PROJECT N0.508019 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTIONIPOTABLE " ment" . is made and entered into this ~~ da of WA~R~LINE ADJUSTMENTS (Agree ) Y N.ov~nn be..r , 2012, by and between the ADA COUNTY HIGHWAY DISTRICT, a hi hway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and g the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN") regarding ACHD Project no. 508019. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction, and authority to maintain, improve, regulate, and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, 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 activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing .body of each party 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 Franklin Road between Ten Mile Road and Linder Road ("Project Boundaries"), including potable and recycled water lines, sewer lines and installation of road millings as detailed in Project Number 508019, constructed pursuant to a separately- executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, the DISTRICT is willing to accommodate MERIDIAN'S request by including installation of potable and recycled water lines, sewer lines and installation of road millings in the Project plans so long as the DISTRICT receives assurances that the DISTRICT will be reimbursed for costs and expenses attributed to the installation of potable and recycled water lines, sewer lines and installation of road millings within the Project Boundaries; NOW, THEREFORE, inconsideration 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 reconstruction and water and sewer line work and installation of road millings referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the potable water facilities shall 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; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the water and sewer line work and installation of road millings referenced herein; c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award; d. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact MERIDIAN's water and sewer line work and installation of road millings; e. Make monthly progress payments and the final CONTRACT payment to the 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 regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to Contractor; g. Provide for the reference and replacement of all pre-existing survey monuments 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 testing shall be provided at the minimum frequency rate of one (1) test per five 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 water and sewer 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 water and sewer 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; e. Reimburse DISTRICT, up to a maximum of five percent (5%) of MERIDIAN'S construction costs for all additional costs incurred by the DISTRICT, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, adjustments, relocations, and abandonments of the water and sewer facilities and installation of road millings; f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours, and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN's project costs as they relate to the total project construction costs; g. Be liable for the cost of repairing any trench failure attributable to failure of water lines, and be liable for and hold the District harmless for any and all costs and damages resulting from any such trench failure; and h. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations, and abandonments of MERIDIAN'S portion of the water and sewer 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 said pipelines and road millings. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives 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, and/or, 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 water and sewer 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 f. 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. g. 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. h. Any action at law, suit in equity, 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. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 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. m. 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. n. 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. o. 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. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. 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. Page 4 of 5 arties hereto a ree that nothing herein contained shall be construed to create a r. Thep g ' 'nt venture artnershi , or other similar relationship which might subject any party log ~ p p to liabilit for the debts andlor obligations of the others, except as otherwise Y expressly agreed in this Agreement. ime shall be of the essence for all events and obligations to be performed under this s. T Agreement. IN UVITNESS HEREOF, the arties hereto have executed this Agreement on the day p and year herein firstwritten. ADA COUNTY HIGHWAY DISTRICT: Bruce ii~~lllill~~ I . t'~ • . _ ~ ~ ••,r ~ ~ •~ i ~4 .,,,,~~ a~ 1~~,,,. ''!llr~~~s~~~''` f~"k d~ nA~ ~,r ~' «~ f j. ~~ ~' ~ ~. ~ rr t - ~~ ~ ~. ~~becca W. Arnold, Presiden`~-~ ACRD Board of Commissioners l~III~11!!! ~,~' ,~ '~ R~ '~ • f • . r M ~ ~+- ` • ~ (/ ' ~.~ ~tIC ~ .,.. .' j!!!lr~i~~~~~,~~ CITY OF MERIDIAN: /~~~ Tammy d~eerd Mayor STATE OF IDAHO ) ss: County of ADA } I~ Y that on this %~ da of ~C ~, 201' I HEREBY CERTIF y _._. 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 m icial seal, the day an ear in this certificate first ove wr tt Notary Public or d e Residing at /S~' ,Idaho My Commission Expires: ~ r 1 STATE OF IDAHO ) SS: County of ADA ) ~ ~ ~~ TIFY that on this da of .u C , I HEREBY CER y _____ 201 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 he unto set my hand and affixed my i 'al seal, the day an year in this certificate first ove writt r 1~. Notary Public or d Residing at ~ 1 ,Idaho My Commission Expires: 3 ` ~ • 2. Q I ATTEST: 5~~U~~ 10 ST J l~ City of ~' T IDIA e olman °°A"° it .Clerk ~'~ STAY `~~r ~~ ~ ~a oftke TR@~5~~ Page 5 of 5