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
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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,
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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
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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;
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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.
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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.
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arties hereto a ree that nothing herein contained shall be construed to create a
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' 'nt venture artnershi , or other similar relationship which might subject any party
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to liabilit for the debts andlor obligations of the others, except as otherwise
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expressly agreed in this Agreement.
ime shall be of the essence for all events and obligations to be performed under this
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Agreement.
IN UVITNESS HEREOF, the arties hereto have executed this Agreement on the day
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and year herein firstwritten.
ADA COUNTY HIGHWAY DISTRICT:
Bruce
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~~becca W. Arnold, Presiden`~-~
ACRD Board of Commissioners
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CITY OF MERIDIAN:
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Tammy d~eerd
Mayor
STATE OF IDAHO )
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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 ) ~ ~
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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
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Notary Public or d
Residing at ~ 1 ,Idaho
My Commission Expires: 3 ` ~ • 2. Q I
ATTEST:
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City of
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°°A"° it .Clerk
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