JPA - 1997 - ACHD Project No 52056.0 - Eagle Rd, State Street South To Eagle Alternate Route - 4/22/1997
AGREEMENT
ROADWAY RECONSTRUCTION, LANDSCAPE & LIGHTING IMPROVEMENTS
EAGLE ROAD, State Street south to Eagle Alternate Route
ACHD PROJECT NO. 52056.0
This agreement, made and entered into this ..22.D<liay of April , 1997, by and
between Ada County Highway District, and through its Board of Commissioners (hereinafter
referred to as the "District") as first party, and City of Eagle, by and through its Mayor and City
Council (hereinafter referred to as the "City") as second party, both parties being a body politic
and corporate of the State of Idaho;
WITNESSETH
WHEREAS, the City desires to construct landscape improvements, including installation
of sprinkler system, sod in the landscaped strip between the curb and new sidewalk (estimated
to be 3-1/2' wide) and design of historic street light locations, installation of conduit and pole
bases for future installation of street lights, as detailed in Project No. 52056.0 - EAGLE ROAD,
State Street south to Eagle Alternate Route (hereinafter referred to as the "Contract"); and as
shown on the drawing prepared by Jensen-Belts for the District and received by the City of
Eagle on April 8, 1997; and
WHEREAS, the City desires to construct said landscape improvements at this time as
part of the reconstruction of Eagle Road, State Street south to Eagle Alternate Route in order to
realize certain cost savings to the City; and
WHEREAS, the City has asked the District to perform certain tasks on behalf of and as
an accommodation to the City.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreement
herein contained, the parties hereto agree as follows:
1.
DISTRICT SHALL:
a.
Solicit, receive and open bids and execute and administer the Contract with respect
to the installation of landscape improvements as referenced in the Contract;
b.
Provide City with a complete set of bid documents for the roadway reconstruction,
and landscape improvements installation work;
c.
Make monthly progress payments and the final Contract payment to the Contractor
in conformance with the terms of the Contract;
c.
Submit to City a copy of each Contractor progress payment estimate, as such
estimates are approved by District, together with an invoice for City's share of the
construction Contract costs earned by and to be paid to Contractor;
Provide for the reference and replacement of all preexisting survey monuments
d.
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2.
3.
within the work area;
f.
Provide the field survey and grade control necessary for construction of the
contract.
g.
The District shall allow reasonable access to the City, or parties designated by the
City of Eagle, for the necessary maintenance of the landscaping, sprinkler system,
and lighting required under this agreement.
CITY SHALL:
a.
Be the party responsible to provide the maintenance of the landscape improve-
ments, sprinkler system, street lights, and associated items installed under the
Contract
b.
Reimburse the District for the costs associated with preparing the lighting and
landscape, and sprinkler system plans and special provisions;
c.
Remit to District, within thirty-five (35) calendar days after the date of invoice
therefor, all funds for which City is responsible pursuant to the approved final
Contract payment estimate; and
d.
Remit to District within thirty-five (35) calendar days after the date of invoice
therefore, all other funds for which City is responsible pursuant to this Agreement;
and
e.
Be responsible for the maintenance of all landscape improvements; and
THE PARTIES HERETO FURTHER AGREE THAT:
a,
City shall reimburse District, up to a maximum of $31,000 for all costs incurred by
District, for the work required solely for the construction of the landscape, sprinkler
system, and lighting improvements (per the City Council Meeting Minutes, and City
staff) ;
b.
The estimated Contract amount for the landscape, sprinkler system, and lighting
improvements portion of the Contract is a maximum of $31,000, and, except as
otherwise provided herein, the costs to be reimbursed to District by City shall be
based on the actual quantities of work acceptably performed and/or installed, as
determined from field measurements, and paid for pursuant to the unit and/or lump
sum prices established in the Contract;
d.
This instrument contains the entire agreement between the parties with respect to
the subject matter hereof;
e.
This Agreement may not be enlarged, modified, amended or altered except in
writing signed by both of the parties hereto;
Joint Effort Agreement
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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; and
I.
This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year herein first written.
ATTEST:
ADA COUNTY HIGHWAY DISTRICT
By:
Susan S. astlake
Commission President
ATTEST:
CITY OF EAGLE
By:
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Joint Effort Agreement
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