JPA - 1998 - ACHD Project No 52056E- Roadway Reconstruction, Landscape & Lighting Improvements - 11/14/1998ECEIVED & FILED
CITY OF EAGLE
JOINT EFFORT AGREEMENT
NOV 21998
ROADWAY RECONSTRUCTION, LANDSCAPE & LIGHTING IMPR V MENTS
EAGLE ROAD, State Street to Floating Feathere'
ACHD PROJECT NO. 52056e Route to:
This agreement, made and entered into this/� day of Je-c-e t, �Ler; 1998, 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 and trees in the landscaped strip between the curb and new sidewalk (estimated
to be 3-1/2' wide) and installation of conduit and pole bases historic street lights, as detailed in
Project No. 52056.0 - EAGLE ROAD, State Street to Floating Feather Road (hereinafter referred
to as the "Contract"); and as shown in the construction plans dated November 14, 1998.
WHEREAS, the City desires to construct said improvements at this time as part of the
reconstruction of Eagle Road, State Street to Floating Feather 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 improvements as referenced in the Contract;
b. Provide City with a complete set of bid documents for the roadway reconstruction, and
improvements installation work;
c. Make monthly progress payments and the final Contract payment to the Contractor in
conformance with the terms of the Contract;
d. 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;
e. Provide the field survey and grade control necessary for construction of the contract.
Joint Effort Agreement Page 1
f. 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.
2. CITY SHALL:
a. Be the party responsible to provide the maintenance and energy costs of the landscape
improvements, sprinkler system, street lights, and associated items installed under the
Contract;
b. 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
c. 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
3. THE PARTIES HERETO FURTHER AGREE THAT:
a. City shall reimburse District, up to a maximum of $1,000 for all labor and overhead costs
incurred by District, for the inspection of the work required solely for the construction of
the landscape, sprinkler system, and lighting improvements.
b. The estimated Contract amount for the landscape, sprinkler system, and lighting
improvements portion of the Contract is $213,000, 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;
c. This instrument contains the entire agreement between the parties with respect to the
subject matter hereof;
d. This Agreement may not be enlarged, modified, amended or altered except in writing
signed by both of the parties hereto;
e. 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;
f. 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;
g. 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;
h. This Agreement shall be binding upon and inure to the benefit of the personal
Joint Effort Agreement Page 2
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
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By:
By:
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"Jerry� . Nyman, Directory
Commission President
ATTEST:
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CITY OF EAGLE
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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:
By:
erry Ayman, Director
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Commission
Commission President
ATTEST:
CITY OF EAGLE
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Joint Effort Agreement Page 3