ACHD Locust Grove to Leslie Way Sewer Improvements with C&A PavingE IDIAN~-
Public ~ D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of City Council
FROM: Austin Petersen, EIT -Transportation and Utility Coordinator
DATE: December 12, 2013
Mayor Tammy de Weerd
City Qavneil Memberlr
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: AUTHORIZE THE NOT TO EXCEED AMOUNT OF $83,577.57 TO PAY
THE ADA COUNTY HIGHWAY DISTRICT (ACHD) FOR CITY WATER
AND SEWER IMPROVEMENTS CONSTRUCTED, BY C & A PAVING,
IN CONJUNCTION WITH THE (ACHD) USTICK ROAD -LOCUST
GROVE TO LESLIE WAY AND USTICK ROAD AND LOCUST GROVE
ROAD INTERSECTION PROJECTS IN ACCORDANCE WITH THE
INTERAGENCY AGREEMENT APPROVED FOR THIS PROJECT
I. RECOMMENDED ACTION
A. Move to:
I. Authorize the not to exceed amount of $83,577.57 to pay ACRD for
City water and sewer improvements constructed, by C & A Paving and
subcontractors, in conjunction with the ACRD Ustick -Locust Grove to
Leslie Way and Ustick Road and Locust Grove Road Intersection
Projects in accordance with the Interagency Agreement approved for
this project.
II. DEPARTMENT CONTACT PERSONS
Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Proposed Proiect
This project includes the installation of five new fire hydrants, along Ustick Road,
and water and sewer stub extensions to two properties.
Page 1 of 2
IV
IMPACT
A. Strateeic Impact:
This project is aligned with the Public Works objective of being opportunistic in
planning for growth and infrastructure needs.
B. Service/Delivery Impact:
The addition of these fire hydrants will increase the firefighting ability to homes
and businesses along Ustick Road. The addition of water and sewer shibs will
supply water and sewer services to future developments.
C. FiscalImnact:
Fundin¢ Available
Sewer Line Extensions .........................................................$10,000.00
Water Line Extensions ......................................................... $73.577.57
Total Project Budget ...............................$83,577.57
Actual Proiect Cost
Meridian Improvements Construction Bid Amount ...............................$66,790.17
ACRD Shared Cost ..................................................................................$2,546.47
Meridian Cost of ACHD Overhead .........................................................$3,339.51
Contingency -15% .................................................................................$10.901.42
Total Construction Cost ..........................$83,577.57
V
LIST OF ATTACHMENTS
A. ACHD Bid Results for Utility Improvements from C & A Paving
B. Spreadsheet of Actual Cost Breakdown
C. Interagency Agreement For: ~padway/Water and Sewer Construction
Approved for Council Agenda:
Date
!L /L /
Page 2 of 2
0307.4.1.G.1.A. (TYPE P SURFACE RESTORATION -PERMANENT ~ 36 SY $100.00 $3I 600.00 ~
.~SuB,[dde '~S383t $1,375.92 02 Bidde r $48.80 $1,758.80 03 Bidder $31.00 $1,116.00
O4 Bfdde r $65.00 $2,340.00 OS Bidder $37.38 $1,345.68
0307.4.1.6.1.8. TYPEPSURFACE RESTORATION-TEMPORARY 100 SY $30.00 $3,000.00
IpX~ldde° t;ti~`,56: $2,156.00 02 Bidde _
$41.80 $4,180.00 03 Bidder
$17.40 $1,740.00
09 Bidder $33.00 $3,300,00 05 Bidder __
$31.15 $3,115.00 _
0401.4.1.A.1.A, 6"PVC, AW WA C900, DR 18, WATER MAIN 119 LF $28.00 $3,332.00
Qi~[tJd_e', ~243U. $2,927.40 02 Bidder $24.50 $2,915.50 D3 Blddei $7.00 $833.00
04 Bidder $25.00 $2,975.00 OS Bidde $16.04 $1,908.76
0401.4.1.A.1.B. 8" PVC, AW WA C900, DR 18, WATER MAIN 80 LF $40.00 $3,600.00
vD~$Ldd°; K~Q;131 $2,712.60 02 B/dder $30.00 $2,700.00 03 Bldderl $32.00 $2,860.00 l
04 Bldderl $31.00 $2,790.00 OS Bidder $25.37 $2,263.30
0402.4.1.A.1.A. _ 6" GATE VALVE ~$5,000.0~
~-~-~ ~-~ --~- -~-5 ~EA $1,000.00
pkltldd-y; 5~58~fl $4,791.90 02 Bidde $969.00 $4,845.00 03 Bldderl $960.00 $4,800.00
04 Bidde $955.00 ~ $4,775.00 OS Bidder $753.42 $3,767.10
0402.4.1.A.1.B. 8" GATE VALVE 2 EA $1,400.00 $2,800.00
91g`. ~t;L63c3B $2,326.76 02 Bidder $1,200.00 $2,400.00 03 Bidder $1,300.00 $2,600.00
04 Bidder $1,200.00 $2,400.00 OS Bidder $1,071.05 $2,142.10
0403.4.1.A.1. FIRE HYDRANT ASSEMBLY 5 EA $3,200.00 $18,000.00
Af~dtr' ~2,EB0~51 $14,401.25 02 Bidder $2700.00 $13,500.00 03 Bldderl $2,700,00 $13,500.00
04 Bidder $2,700.00 $13,500,00 OS Bidde $2,803.39 $14,018.95
0404.4.1.A.1. 1"0 STANDARD WATER SERVICE CONNECTION 3 EA $1,500.00 $4,500.00
b19Tdd2` $1°435`pU $4,305.00 02 Bidder $1,400.00 $4,200.00 03 Bidder $1,380.00 $4,020.00
04 Bidder $1,500.00 ~ $4,500.00 OS Bidder $1,738.84 $5,218.52
0501.4.1,8_1. 8 PVC, ASTM 03034, SANITARY SEWER PIPE 38 LF $150,00 $5,700.00
I 'DS~ldtlei{ X30)75 $1,168.50 02 Bfdder $30.60 $1,162.60 ~03 Bldderl $52.00 $1,976.00 i
j O4 Bldderl $31.00 $1,178.00 SOS Bidder $164.77 $6,281.26
0502.4.1.A.1. 48"TYPEASANITARY SEWER MANHOLE_ 1 EA $3,800.00 $3,800.00
~PB(,4rde`. ~53,500~1fr $3,500.30 02 Bidde $3,500.00 $3,500.00 03 Bidder $2,700.00 $2,700.00
1 04 Bidder $3,450.00 $3,450.00 OS Bidder $4,440.32 $4,440.32
0502.4.1.F.1. CONNECT TO EXISTING MANHOLE 1 EA $1,000.00 $1,000.00
DA'Blde'[e_ ~`1i~Z-50! $1,537.50 01 Bidder $1,500,00 $1,500.00 03 Bidder $1,900.00 $1,900.00
04 Bldderl $S,fi00.001 $1,600.00 OS Bidder $1,626.09 $1,628.09
0503.4.1.A.1. 8" T-TYPE CLEANOUT PER MERIDIAN SDS3 1 EA $500.00 $500.00
D3~B7flde; ;$830:•2$ $830.25 01 Bidde __ $842.00 $042.00 03 Bfdder $300.00
$300.00
048idder $650.00 $850.00 OS Bidder $542.03 $542.03 _
0503,4.1.A.3. 4" SEWER SERVICE CLEANOUT PER MERIDIAN SD-S2
l 3 ~EA l $800.00 ~ $1 500.00
giNlddg~ $1~2~~i i $3,720.75 02 Bidder $1,200.00 $3,600.00 03 Bidde $250.00 $750.00
04 Bldderl $1,075.00 ~ $3,225.00 OS Bldderl $325.22 ~ $975.66
0504.4.1.A.1.A. 4"PVC, ASTM 03034, SEWER SERVICE PIPE 120 LF $50.00 $6,000.00
(O~~iide, X32180 $3,936.001 Bidde $32.60 $3,912.00 038idder~ $3.40 $408.00 l
04 Bidder $3,960.00 I OSBidder - $20.16 $2,419.20
0504.4.1.A.1.8. 4" PVC, AW WA C900, DR25, WATER CLASS SEWER SERVICE PIPE 101 LF $58.00 $5,858,00
(03~Tdde; -33" $3,418.83 02 Bidde $33.70 $3,403.70 03 Bidde $5.00 $505.00
04 Bidder $34.00 $3,434.00 OS Bidder $23.85 $2,408.85
0504.4.1.0.1. 4"SEWER SERVICE CONNECTION 2 EA $500.00 $1,000.00
Yil-B~de,~ 3$820. $1,640.00 030/dde $816.00 $1,632.00 03 Bidder $850.00 $1,700.00
04 Bidder $850.00 $1,700.00 OS Bidder $758.84 $1,517.68
2030.4.1.C.1.. ADJUST EXISTING VALVE BOX TO GRADE 71~EA $800.00 ) $4,400.00
IQ~dr[ ~21$~-: $2,387.75 0l sldder $306.00 $3,368.00 03 Bidder $250.00 $2,750.00
i 04 Bidder $220.50 $2,425.50 OS Bfdder $4fi0.72 $5,067.92
~SP-M03001.A. ~2" (IPS) HDPE, PE3408l4710, DR11, WATER SERVICE PIPE SLEEVE ~ 50 LF $3fi.00 $1,800.00
04 Bldderl $5.25 j $262.50 105 Bldderl $6.50
1111 5/2 01 3 CT21405 - Ustick and Locus[ Grove Page 9
SP-M03001.B. 6" PVC, AW WA C900, DR25, WATER CLASS SEWER SERVICE PIPE SLEEVE ~57 LF-T $40.00 $2,280.00
i)i B/dd~ X11_--~$: $642.96 02 Bidder $11.20 $638.40 03 Bidder $18.00 $1,026.00 J
04 Bidder $12.00 $684.00 OS Bidder $15.18 $865.26
SP-M04002 HOT TAP EXISTING WATER MAIN __ 6 EA $2,400.00 $14,400.00
~ 'O4~ , '. $11,070.00
~1 Bddde _ 1 5;51(1
02 Bidder
$1,800.00
$10,800.00
03 Bidder $1,970.00 $11,820.00
~048ldder $1,850.00 i $11,100.00 OS Bidder $1,652.11 $9,912.66
SP-M04004 2" BLOW-OFF ASSEMBLY PER MERIDIAN SD-W19 2 EA $2,000.00 $4,000.00
_
flrB~d`~_
'~Z'470~3? _. __
$4,940,50
01 Bidder
$2,200.00
$4,400.00 _
03 Bidder $1,300.00 $2,600.00
04 Bidder $2,700.00 $5,400.00 OS Bidder $1,323.64 $2,647.28
SP-M04007 ABANDON EXISTING WATER MAIN 1 EA $1,fi00.OD $1,600.00
Q3~14d~ . -
$3,Q7S:ti~ $3,W5.00
02 Bidder
$3,100.00 _ - ___
$3,100,00 03 Bidder $315.00 $315-00
- ~--- -~- ~--
~
04 Bidder $3,100.00 $3,100.00 OS Bidder $1,073.22 $1,073.22
SP-M04015 ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING -~ 2 -l~ EA $3,600,00 $7 200.00
g3,Blpde"
04 Bidder x'1'609,25
$1,600.00 $3,218.50
$3,200.00 01 Bidder
OS Bidder $1600.00
_ $2,168.12 $3,200.00
$4,336.24 03 B/dderl $3,000.00 $6,000.00
~ ~~
ASP-M04022 ~1"0 WATER SERVICE LINE ~ 36 ~ LF ~ $30.00 ~ $1,060.00
$32.52 ~ $1,170.72
Estimate
01 Bltltle ;1 $01,086.8&` L02 B/dd~ - __$82,576:00 ~3 Bidde - $65,457.00::
Estimate ~2,834,492.25,~
Contract Totals
01 Bidder C & A Paving Co.
Schedule 1-Uskck &Lacusl Grove Inlersecllon $691 649.31
Schedule 2-Ustick Locust Grove to Leslie Way
_-_. - $1,940 292.60
Schedule 3-City of Meridian Utlllty Improvements _ _
~ $61,086.65
$2,713,026.96
02 Bidder Central Paving
Schedule 1-Ustick &Lacust Grove Inlersecllon I $711,371.23
Schedule 2-Ustick, Lacusl Grove to Leslie Way ~ $2,104,909,90
Schedule 3-City of Meridian Utlllty Improvements ~ $62,576.00
$2,696,667.13
03 Brd
der ~Knlfe River
_
_
Schedule 1-Ustick & Locust Grave Intersection
j $714,258.25
Schedule 2-Ustick, Locust Grove to Leslie Way ~ $2,240,724.40
Schedule 3-City of Meridian Utility Improvements $66,457.00
$3,021,439.65
04 Bidder Idaho Sand 8. Gravel
Schedule 1-Ustick & Locust Grove Intersection $797,778.00
Schedule 2-Ustick, Lacusl Grove to Leslie Way_ $2,i 80,383.65
Schedule 3-City of Meridian Utility Improvements $62,741,00
. _ $3,080,903.66
05 Bidder Nampa Paving
Schedule 1-Ustick & Locust Grove Intersection _._ --
$773,712.65
Schedule 2-Ustick, Locust Grove to Leslie Way $2,220,551.13
Schedule 3-City of Merl0lan Utility Improvements $79,364.60
~ $3,073,640.b0
14,767,678.17
11!15/2013 CT21405 -Ustick and Lacust Grove Page 10
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d
INTERAGENCY AGREEMENT FOR:
ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION
INTERSECTION USTICK ROAD AND LOCUST GROVE ROAD, AND USTICK ROAD,
LOCUST GROVE ROAD TO LESLIE WAY
ACHD PROJECT NOS. 310017 and 510018
THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTIONNVATER AND
SEWER CONSTRUCTION ("Agreement") is made and entered into this (p~h day of
Nove.rnhe..l , 2013, by and between the ADA COUNTY HIGHWAY DISTRICT, a
highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and
the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of
Idaho ("MERIDIAN" or "City"), regarding ACHD Project nos. 310017 and 510018.
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 td
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 any one or more other public agencies to perform any governmental service,
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 cooperative effort to
incorporate into the DISTRICT'S road construction projects known as INTERSECTION
USTICK ROAD AND LOCUST GROVE ROAD, AND USTICK ROAD, LOCUST GROVE
ROAD TO LESLIE WAY ("Project" or "Project Boundaries'), certain modifications or
improvements to City owned facilities, including constructing water and sewer stubs and or
services, adjusting water valve boxes and manholes to grade, and correcting potable / non-
potable spacing issues (collectively, "City Water and Sewer Improvements') as detailed in
Project nos. 310017 and 510018, to be constructed pursuant to aseparately-executed
agreement between DISTRICT and the selected Contractor ("CONTRACT"); and
WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including
the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions
and obligations set forth in this Agreement and so long as DISTRICT receives assurances by
the City that it will fully reimburse DISTRICT for all actual costs including, without limitation,
any indirect costs and expenses that DISTRICT incurs as a result of the additional work
attributable to the modification or installation of the City Water and Sewer Improvements
within the Project Boundaries with the exception of water and sewer services constructed to
serve the properties at 1370 E Ustick Road and 2425 E Ustick Road;
Page 1 of 8
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements 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
reconstruction and City Water and Sewer Improvements referenced herein, which
CONTRACT shall include, inter alia, a provision that all work required for the City
Water and Sewer Improvements 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 City Water and Sewer Improvements.
c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S
written concurrence with DISTRICT'S recommendation for award of the CONTRACT
prior to making such award. MERIDIAN'S concurrence shall specifically
acknowledge that the City Water and Sewer Improvements are and shall be subject
to the terms and conditions of this Agreement. If MERIDIAN does not concur,
DISTRICT shall remove the City Water and Sewer Improvements and if necessary,
rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for
any and all costs suffered by DISTRICT attributable to the removal of the City Water
and Sewer Improvements from the Project and if applicable, the rebidding of the
Project.
d. Include in the CONTRACT, a term providing that MERDIAN will have the right to
work directly with the Contractor to resolve any claims relating in any way to the City
Water and Sewer Improvements and that any such claims will be reviewed, approved
or denied by MERDIAIN.
e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of
the CONTRACT or work pursuant thereto that does or may impact the City Water
and Sewer Improvements.
f. Make monthly progress payments and the final CONTRACT payment to the
Contractor in conformance with the terms of the construction CONTRACT.
g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City
Water and Sewer Improvements if applicable and Contractor progress payment
estimate, and the final CONTRACT 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 the
Contractor.
Page 2 of 8
h. As applicable, provide for the reference and replacement of all pre-existing survey
monuments within the Project.
Provide the field survey and grade control necessary for construction of the roadway.
Centerline or offsets and stationing shall be established prior to the City staking any
sanitary sewer or potable water service lines, water valve boxes, manhole locations,
and other City facilities.
j. At the conclusion of the Project, submit to MERIDIAN written documentation of
expenditures with an invoice for payment of all costs and expenses the DISTRICT
incurs, in addition to those provided under paragraph 1.g. above, as a result of the
additional work attributed to the City Water and Sewer Improvements within the
Project Boundaries, including but not limited to, costs or changed conditions, plan
errors and omissions, and delays attributable to design and/or installation of the City
Water and Sewer Improvements.
2. MERIDIAN SHALL:
a. Provide the inspection, field survey and grade control required for the installation of
all City Water and Sewer Improvements incorporated into the Project and installed
and adjusted under the CONTRACT and provide copies of appropriate tests and
construction diaries to the District Project Representative as designated by
DISTRICT.
b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid
quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the
DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same)
for the City Water and Sewer Improvements to be incorporated into the Project and
included in the bid documents for the CONTRACT (all work required for the City
Water and Sewer Improvements to be performed in accordance with the most current
edition of the Idaho Standards for Public Works Construction (ISPWC), the City's
Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard
Specifications).
c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice
referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant
to the approved progress payment estimate and the final CONTRACT payment
estimate.
d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice
referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to
this Agreement.
e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs
attributable to the City Water and Sewer Improvements as payment toward the
additional costs incurred by DISTRICT, including overhead and benefits, and project
administration costs which include but are not limited to: public advertisement of the
Project, supplying bid plans, supplying construction plans, preparing and holding the
preconstruction meeting, generating monthly pay estimates and paying the
Page 3 of 8
Contractor, preparing change orders, general construction project oversight, and
maintaining construction project files.
f. Rettlibttt~~e~flIS..TRICT;faf: mab3lization, t~affle control, flagging;`de-tours=and weekly
meetings on a prorated basis. The prorated basis for the above items will be
calculated using fhe-percentage of MER'ID~AN"s ~iroject~costs as they relate to the
total project construction costs.
g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer
Improvements 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 one thousand (1,000) lineal feet, minimum one (1) for every three
(3) transverse trenches; provide all re-testing required in any area that does not meet
CONTRACT requirements; and provide copies of tests for the area along the
alignment of the pipeline to the designated DISTRICT representative.
h. Be liable for the cost of repairing any trench failure attributable to the City Water and
Sewer Improvements within the Project Boundaries, and be liable for and indemnify,
defend and hold DISTRICT harmless for any and all costs, claims, and damages
resulting from any such trench failure.
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 the City Water and Sewer
Improvements or to the removal of any or all items from the CONTRACT that are
associated with the installation of the City Water and Sewer Improvements.
Indemnify, save harmless and defend regardless of outcome, DISTRICT from
expenses and against suites, actions, claims or losses of every kind, nature and
description, including costs, expenses and attorney fees caused by or arising out of
any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or
contractors while acting within the course and scope of their employment, which arise
from or which are in any way connected to the CITY Water and Sewer
Improvements. Such indemnification hereunder by MERIDIAN shall in no event
cause the liability of MERIDIAN for any negligent act to exceed the amount of loss,
damages, or expenses of attorney fees attributable to such negligent act, and shall
not apply to loss, damages, expenses or attorney fees attributable to the negligence
of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the
limitations of Idaho law, including Article VIII Section 4, Idaho Constitution and Idaho
Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set
forth in the agreement.
k. Work directly with the Contractor to resolve any claims relating in any way to the City
Water and Sewer Improvements; any and all such claims will be reviewed, approved
or denied by MERDIAIN and MERIDIAN shall indemnify, save harmless and defend
regardless of outcome, DISTRICT from expenses and against suites, actions, claims
or losses of every kind, nature and description, including costs, expenses and
attorney fees caused by or arising out of any and all such claims regardless of the
outcome of the City's efforts to resolve said claims with the Contractor.
Page 4 of 8
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, and or lump sum prices, 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
City water or sewer facilities.
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 reviewing
the Project to locate any unstable areas and to resolve 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.
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.
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.
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
Page 5 of 8
representations, warranties, covenants or 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
DISTRICT and MERIDIAN.
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.
r. 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,
s. This Agreement is not intended to create, nor shall it in any way be interpreted or
construed to create, any third-party beneficiary rights in any person not a party
hereto.
t. All parties have been represented by legal counsel, and no party shall be deemed to
be the drafter of this Agreement for purposes of interpreting an ambiguity against the
drafter.
u. Time shall be of the essence for all events and obligations to be performed under this
Agreement. Without limiting the foregoing, in the event that MERIDIAN does not
timely comply with any of its obligations hereunder, DISTRICT shall have no
obligation whatsoever to incorporate, facilitate, and/or complete the City Water and
Sewer Improvements, regardless of whether prior approval has been given by
DISTRICT to MERIDIAN.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day
and year herein first written.
Page 6 of 8
ATTEST: ADA COUNTY HIGHWAY DISTRICT
B
: ~i
-
y _ -
gy.
. Baker
Director President, Board of Commissioners
ATTEST: CITY OF MERIDIAN
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By: =r
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Jaycee Holman ~ . ~ } ~r
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~~%~~?I, Tammy eerd`"-
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City Clerk T
~.~~,. .,`J:, ,~~ Mayor
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STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this ~ da of (~-C ~b ~t%~°
y 2013, before me, the
undersigned, personally appeared SARA M. BAKER and BRUCE WONG, President of the
Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY
DISTRICT, a body politic and corporate, known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of said body.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. ,-}
1~ ~hRY ~
~d ,r
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ti
'~._ PU~~,,i'
STATE OF IDAHO )
ss.
COUNTY OF ADA )
Notary Publierto .Idaho
Residing at U~ Idaho
My commission expires ~. j~~~/ ~0/p)
Page 7 of 8
On this 6~ day of )l v~ h~~ 2013, before me, the
undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and
City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the
persons 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 WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
a~®eg®,
a`ta~~~T~ G~`,n`g
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E ~~~, ~ a Not ry Public for Idaho
ygs~: ;''!~ta~~'~~~~s Q Residing at '~..~~,~, ~,I i ~,--~ ,Idaho
"pg®~ €~v alb®4 My commission expires: Ja,~ ~~ , ~~ ~~
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Page 8 of 8