JPA - 1999 - Joint Construction Of Ada/Eagle Sports Complex - 5/4/1999
AGMT. NO. 04009
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JOINT POWERS AGREEMENT
CITY OF EAGLE AND ADA COUNTY
ADA COUNTY/EAGLE SPORTS COMPLEX
WHEREAS, Title 67, Chapter 23, Idaho Code, provides for certain joint powers
and activities between public agencies within the State of Idaho; and
WHEREAS, Ada County, Idaho, is the owner of certain lands upon which it is
proposed that a recreation facility and park be constructed known as the Ada
County/Eagle Sports Complex; and
WHEREAS, the City Council of the City of Eagle and the Ada County Board of
County Commissioners, desire to jointly construct a portion of the Ada County/Eagle
Sports Complex and to exercise certain joint powers for the purpose of designing the
four (4) acre portion of the project which includes a skateboard park, BMX track,
basketball court, roller hockey rink, parking, theme interpretive wall, landscaping
enhancement, and associated improvements and constructing a portion of that facility
known as the Skateboard Park, all of which is more fully described herein; and
WHEREAS, it is the rIDding of both the Eagle City Council and the Ada County
Board of County Commissioners that such joint cooperative effort is the most effective
and efficient use of their powers in view of the geographic, economic, and other factors
influencing the project; and
WHEREAS, both the Eagle City Council and the Ada County Board of County
Commissioners have the authority to enter into this Agreement and to perform
individually the functions hereinafter described, and the execution of this Agreement
will not extend the jurisdiction, power, privilege or authority of either public agency;
NOW, THEREFORE, the undersigned Eagle City Council and Ada County
Board of County Commissioners hereby agree to the following terms and conditions of
this Agreement.
I.
DEFINITIONS.
A. "Agreement" shall mean this Joint Powers Agreement, as it may be
amended from time to time.
B. "Architect" shall mean the Architect chosen by Eagle to prepare the Site
Plan and construction documents for the Work, and to perform such other duties as
may be herein provided. Eagle has selected the Land Group, Inc., for this project
according to such statutes as may be applicable.
JOINT POWERS AGREEMENT - PAGE 1
C. "Ada County" shall mean Ada County, Idaho.
D. "Eagle" shall mean the City of Eagle, Idaho.
E. "Project" shall mean preparation of the Site Plan for the Site and
construction of the Work.. The Project will be developed in accordance with the Site
Plan.
F. "Site" shall mean the area of land designated in Exhibit" A " .
G. "Site Plan" shall mean the graphic representation proposing how the Site
will be developed, including the location of the Work. It is contemplated that the Site
Plan will consist of design for a skateboard park, BMX track, basketball court, roller
hockey rink, parking, landscape enhancement, and associated improvements. An
example of a potential Site Plan is attached hereto as Exhibit "B".
H. "Work" shall mean construction of the improvements shown outlined in
bold and designated as Phase I in Exhibit" B" .
II.
TERM.
The term of this Agreement shall commence on the day fIrst mentioned below
and remain in force until such time as the Project is complete. Either party may
terminate this Agreement at any time by providing thirty (30) days written notice with a
fIfteen (15) day period for the non-terminating party to cure or initiate renegotiation of
the Agreement by notifying the other party in writing. If the renegotiation option is
elected the Agreement will not terminate until all reasonable efforts to renegotiate the
Agreement are made, or eighty (80) days elapse, whichever is later. In all events, this
Agreement shall terminated, if not otherwise renewed, on September 30, 1999.
The term of this Joint Powers Agreement may be extended for additional periods
of time by a mutually executed consent.
ill.
PURPOSE
The parties mutually agree that it is in the public interest, and intent by this
Agreement, to provide mutual planning, and design for the Project, and to allocate
responsibilities for design and construction of the Work.
This Agreement shall not prevent either party from participating in similar
activities with other public agencies, organizations, and individuals.
IV.
ADMINISTRATION
This Agreement does not establish or create a separate legal entity to conduct the
joint undertaking, but each party appoints the following administrators to carry out the
provisions and intent of this Agreement:
JOINT POWERS AGREEMENT - PAGE 2
A.
City of Eagle
Administrator:
Sharon K. Moore, City Clerk
310 East State Street
Eagle, Idaho 83616
(208) 939-6813
A.
Ada County
Administrator/Project Rep.
Dave Logan, Director
Ada County Operations Dept.
650 Main Street
(208) 364-2345
B.
Architect:
The Land Group, Inc.
128 S. Eagle Road
Eagle, Idaho 83616
(208) 939-4041
Contact: Doug Russell
All notices contemplated by this Agreement shall be sent to the appropriate
administrator at the above address.
v.
FUNDING
Eagle has duly appropriated and shall make available for the Project for fiscal
year 1998-1999 the sum of $314,919.50. The total liability of Eagle shall be limited to
$314,919.50 for performance of the construction and administrative duties required in
Article VIII paragraphs (A)-(G) of this Agreement. The parties intent that Eagle shall
use the entire $314,919.50 in current funds for the Project. Any additional funds
available from Eagle's $314,919.50 will be applied to future phases as directed by the
Eagle City Council. Eagle may choose to appropriate additional funds, in its
discretion, in either this year or subsequent years. Said funds shall be used as Eagle
may direct. Ada County agrees to provide services as further described in Article IX
of this Agreement. .
VI.
AMENDMENTS
Modifications of this Agreement shall be made by mutual consent of the parties,
by the issuance of a written modification signed and dated by both parties, prior to any
changes being performed. Neither party is not obligated to fund any changes not
properly approved in advance and duly budgeted by its governing board.
JOINT POWERS AGREEMENT - PAGE 3
VII.
ACCESS TO RECORDS
Each party, through any authorized representative, may have access to and
examine all books, papers, or documents related to this Agreement at any reasonable
time during business hours. Copies shall be furnished, each to the other, without cost
to the requesting party.
VIII.
EAGLE'S RESPONSmILITIES.
As described below, Eagle Shall:
A. Retain an Architect to consult with Ada County and Eagle concerning the
criteria for design of the Site and the Work, prepare a Site Plan, prepare drawings and
specifications for the Work, assist in bidding the Work and selecting a contractor, and
to provide construction administration for the Work, and as described below, shall
cause the Architect to:
(1) Design a Site Plan for the entire Site described in Exhibit "B"
including a skateboard park, basketball court, BMX track, roller hockey
rink, parking. landscaping. utilities, and associated improvements;
(2) Prepare the construction bid documents for the Work as described
in Phase One shown on Exhibit "B" which will include one 90' x 135'
skateboard park. gravel pad for the restroom, utilities and a portion of the
parking lot, grading, curb and gutter;
(3) Prepare the construction bid documents for the portion of the Work
described in Phase One for landscaping and asphalting the parking lot
each as additive alternates; and
(4) Provide administration of the contract for construction of the
Work;
B. Obtain written approval of Ada County prior to deviating from the Site
Plan to such an extent that the nature of the completed project is significantly changed;
C.
Project;
Be responsible for and pay the Architect all contract sums due for the
JOINT POWERS AGREEMENT - PAGE 4
D. Provide up to $50,000.00 for utilities extended to or within the Site from
the sums budgeted for the Project;
E. Be responsible for and pay the selected contractor all contract sums due
for the Project;
F. Draft construction contracts and other bid documents that comply with
Idaho Code, including, but not limited to: Idaho Code § 54-1926;
G. Dedicate, assign, transfer and deed, as appropriate, the improvements, the
Project, and the Work to Ada County for its sole ownership and control;
H. Subject to the provisions of and limits of liability set forth in the Idaho
Tort Claims Act, Eagle shall indemnify and hold harmless Ada County from and
against all claims, actions, judgments for damages, injury or death caused by or arising
out of Eagle's or its Architect's failure or neglect in administering, designing or
otherwise in the development of the Project described herein.
If Ada County or Eagle desire the Architect to act as the Construction
Administrator for such future phases as may be agreed upon by the parties, such
services are not included in the scope of services for the Work, and must be addressed
by an amendment to this Agreement, or as the parties otherwise determine, in
compliance with applicable law;
IX.
ADA COUNTY'S RESPONSmILITIES.
Ada County Shall:
A. Designate a project manager and/or other personnel as Ada County deems
necessary to perform services as a project representative for Eagle and Ada County.
B.
follows:
Participate in the various tasks necessary to complete the Project as
(4)
(5)
(6)
Assist Eagle in reviewing bid documents,
Assist Eagle in making a contractor selection,
Assist Eagle in collecting documents required by the construction
documents,
Attend contractor meetings with the Architect,
Keep a current set of Project documents for the use of the parties,
Sign pay applications,
(1)
(2)
(3)
JOINT POWERS AGREEMENT - PAGE 5
(7)
(8)
(9)
(10)
Assist the Architect in reviewing the schedule of values t
Assist Eagle and the Architect in punch list review t
Assist the Architect with Project shakedown and closuret and
Assemble as-built drawings and fmal documentation for the use of
the parties.
C. Provide written monthly progress reports. Reports shall be sent to the
parties as designated in Article IV above.
D. Maintain all bookst documentst papers, accounting records, and other
evidence pertaining to costs incurred on the project.
E. Indemnify, save harmless, and defendt regardless of outcome, Eagle from
expenses of, and against suits, actionst claimst or losses of every kindt nature and
description, including costst expenses, and attorney fees that may be incurred by reason
of any negligent act or omission of Ada County in the management of the Work
described herein.
X.
EXECUTION
This Agreement is executed for Eagle by the Mayor t attested to by the City
Clerk, with the imprinted seal of the City of Eagle and executed for Ada County by the
Ada County Board of Commissioners attested to by the Ada County Clerk.
'ff,
DATED this'i:day of
MCU1
t 1999.
By:
a County Commissioners
By:
"'
ATTEST:
. David Navarro, Ada County Clerk
JOINT POWERS AGREEMENT - PAGE 6
CITY OF EAGLE
Ada County, Idaho
ATTEST:
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