HomeMy WebLinkAboutAmended Cooperative Agreement with ITD for I-84 Meridian Road InterchangeAMENDED COOPERATIVE AGREEMENT FOR
IMPROVEMENTS AND MAINTENANCE
OF THE INTERSTATE 84 MERIDIAN ROAD INTERCHANGE
ITD Project No. A010(939)
This Amended AGREEMENT ("Agreement") is made and entered into this ! F.0
day of �st12=_______. 2015, by and between the Idaho Transportation
Department (hereinafter, "State"), and the City of Meridian, an Idaho municipal
corporation, (hereinafter, "City") (collectively, the "Parties").
RECITALS
WHEREAS, the City has requested that the State approve the expenditure of
transportation funds for improvements associated with the State's Interstate 84
Meridian Interchange (IC), Project No. A010(939), at the junction of Interstate 84 and
Meridian Road, in Meridian, Idaho, near Mile Post 44 (hereinafter, "Project"); and
WHEREAS, the City is committed to protecting the investment of these funds by
performing certain maintenance as agreed upon between the Parties; and
+' WHEREAS, authority for this Agreement is established in Section 40-317, Idaho
Code, which allows for cooperative agreements between the State and municipalities
for the construction of and improvements to bridges and state highways; and
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the Parties do mutually undertake, promise, and agree as follows:
I. Appropriation of Funds
This Agreement contemplates a) that the State will provide sufficient funds to design
and construct improvements included in the Project and specifically detailed in Exhibit
A, State Improvements, attached hereto and incorporated herein and b) that the City
will provide sufficient funds for the costs of the labor, materials and equipment to
perform the improvements specifically detailed in Exhibit A, City Improvements,
attached hereto and incorporated herein.
II. Responsibilities of State
2.1 State agrees it will pay for improvements for the Project, listed as State
Commitments on Exhibit A, in accordance with the Project construction plans and
specifications.
2.2 State agrees to notify the City of any future highway construction that would
impact the improvements covered by this Agreement, and to seek mutually agreeable
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 1
solutions to any such construction in order to minimize the destruction or removal of
the improvements covered by this Agreement. If a solution is not found, both Parties
understand and agree that the State shall be allowed to alter the improvements at its
expense and that the City's obligations under this Agreement shall cease. In such
event, State agrees to provide sixty (60) days written notice to the City prior to any
construction or other actions to alter the improvements.
2.3 State agrees to hold contractors/subcontractors responsible for any and all
damages to the improvements resulting from contracted work on the Project.
2.4 State shall maintain the Meridian IC bridge structure, including the irrigation
pipe sleeves provided for installation of the pressurized irrigation system through the
structure.
2.5 State will include the engineering and installation of railing art as part of the
Project as detailed in Exhibit A and coordinate with the City for approval of the work
as described in change order 27 to the Project for this work.
2.6 State will include the installation of landscaping as part of the Project as
described in Exhibits A and B and detailed in change order 31 to the Project for this
work.
2.7 Upon receipt of funds from the City paid to the State, as detailed and
summarized in Exhibit A, the State agrees that is will construct the Railing Art and
Landscaping described in paragraphs 2.5 and 2.6 above.
2.8 State shall maintain complete accounts of all project funds received and
dispersed which will be used to determine the actual contract costs of the City's
Railing Art and Landscaping constructed with the Project.
2.9 Upon acceptance of the Railing Art and Landscaping by the City and prior to
project closeout, the State will meet with the City to reconcile the actual contract cost
of the Railing Art and Landscaping as compared to the estimated costs detailed in City
Commitments of Exhibit A. In the event that the amount paid by the City under
paragraph 3.4 exceeds the actual contract cost of the complete installation, the State
shall refund such amount to the City prior to project closeout.
2.10 State will coordinate with the City on future installations of MSE wall panel art
as long as the art meets the specifications provided by the State and attached hereto
as Exhibit C, including issuance of a permit and coordination of traffic control as
necessary. State will allow installation of rods/bolts for abutment art that meets the
specifications in Exhibit C.
III. Responsibilities of City
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 2
3.1 The City will have an opportunity to review and provide comment on the Project
construction plans and specifications, prior to approval of the Project plans by the
State.
3.2 Before the Project is advertised for construction, the City shall certify in writing
to the State that the right-of-way easements needed for the sidewalk extension east of
Meridian Road north to the Waltman/Commercial and Meridian Road intersection and
the new water line easement from Progress Avenue to the 1-84 westbound off -ramp
have been acquired.
3.3 Upon the State and City's acceptance of the Project, City will assume
responsibility for maintenance and care of the improvements in all irrigated areas
shown on Exhibit B including:
a. Remove trash, snow/ice and other roadside debris from sidewalk
areas adjacent to Meridian Road in Project area
b. Trim, prune, water and otherwise maintain the landscaping
features and plantings in an attractive and healthy condition
C. Operate and maintain the pressurized irrigation system, including
main and distribution pipes, valves, sprinklers, and control system,
after the Contractor warranty periods are complete
d. Maintain sprinklers so that they do not wet the roadways
3.4 Within 30 days of the execution of this Agreement, the City to pay to the State
the sum of four hundred and sixty nine thousand, six hundred and forty three dollars
and seventy five cents ($469,643.75), which is the estimated cost of the labor,
materials and equipment to perform the Railing Art and Landscaping as itemized in
Exhibit A. In addition, within 60 days of the City's acceptance of the work, and
completion of the cost reconciliation, pay to the State the amount that the actual
contract cost of the labor, materials and equipment that exceeds the estimated costs
itemized in Exhibit A.
3.5 City shall assume responsibility for maintenance and care of the railing art and
maintain the art features in an attractive condition.
3.6 As part of future action(s), City may elect to pursue and assume responsibility
for maintenance and care of additional enhancements described in Exhibit C, MSE wall
panel art.
3.7 If the City installs improvements in Exhibit C, City shall maintain the art features
in an attractive condition.
j 3.8 City shall perpetually maintain the areas within the Project site as shown on
Exhibit B, subject to annual appropriation of such maintenance cost by the City and in
conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 3
3.9 Should the City desire additional enhancements after completion of the Project,
City will comply with the State's standard permitting and approval process for work
within the 1-84 and Meridian Interchange right-of-way.
3.10 City shall utilize State -approved highway safety procedures for City personnel
during all times maintenance is underway within the State retained right-of-way.
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IV. Indemnity
Should any part of the improvements within the State retained right-of-way and
maintained by the City be damaged or destroyed though the wrongful or negligent act
of any third party, the State will make every effort to determine the identity and
whereabouts of the responsible party and the State will attempt collection of the costs
of the repair or replacement. If the State is able to collect the cost of repair or
replacement, it will advance the funds to the City, based on City estimates or repair
invoices.
City does hereby indemnify, save and hold harmless the State from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
City's maintenance of the Project site and not as the result of the negligence of the
State.
State does hereby indemnify, save and hold harmless the City from and against any
and all liability, damages or costs, known or unknown, relating to or as a result of
defects in the construction of the Project resulting in additional cost to the City to
plant, repair, replace or maintain the improvements which are the subject of this
Agreement and not as the result of the negligence of the City.
V. Term of Agreement
It is anticipated the term of this Agreement shall be perpetual, subject to annual
appropriation of such maintenance cost by the City and in conformity with the
provisions of Article VIII, Section 3 of the Idaho Constitution. Neither Party may
terminate this Agreement without the prior written consent of the other Party, other
than as set forth in this Agreement.
VI. General Provisions
6.1 Contact Information: The contact for the Idaho Transportation Department shall
be the District Three Engineer Manager at (208)334-8300. The contact for the City of
Meridian shall be the Director of Parks at (208) 888-3579.
6.2 Termination of Interagency Agreement/Nonappropriation: Nothing in this
Agreement shall be construed to be an indebtedness or liability in violation of Article
VIII, Section 3 of the Idaho Constitution.
6.3 Attorney Fees: In the event of any controversy, claim, or action being filed or
instituted between the Parties to enforce the terms and conditions of this Agreement,
or arising from the breach of any provision hereof, the prevailing Party will be entitled
to receive from the other Party all costs, damages, and expenses, including reasonable
attorneys' fees. The prevailing Party will be that Party who was awarded judgment as a
result of trial or arbitration.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 5
6.4 Choice of Law: This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Idaho.
6.5 Exhibits: All exhibits to this Agreement are incorporated by reference and made
a part of this Agreement as if the exhibits were set forth in their entirety in this
Agreement.
6.6 Entire Agreement: 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.
6.7 Acknowledgments and Modifications: No acknowledgments required hereunder,
and no modification or waiver of any provision of this Agreement or consent to
departure there from, shall be effective unless in writing and signed by State and City.
6.8 Headings: The headings used in this Agreement are used for convenience only
and are not to be considered in construing or interpreting this Agreement.
t' 6.9 Counterparts: 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 instrument.
End of Agreement
[Signature page follows.]
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
CITY OF MERIDIAN IDAHO TRANSPORTATION DEPARTMENT
Mayor, City • eridian istrict Engineer, District Three
Attest: V-,osp, En4tic: j Recommended by:
/ citv
tL 1' ,r /
..0101°' t.�_i_ 1�ate- .TANk. l
City C"-rk �— —'� GARVEE Program Manager
°'54e TRE Abk,°.4�v
Approved As To Form:
Deputy Attorney General
Idaho Transportation Department
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 7
EXHIBIT A
State Commitments:
1. Design for Area A and Area B as shown on Exhibit B
a. Irrigation design
b. Planting plan
c. Provisions for future well connection to irrigation system
2. Improvements of Area A (Ramp islands only) as shown on Exhibit B
a. Pressurized irrigation delivery
b. Surface distribution system
c. Mow strip and concrete adjacent to Meridian Road for
maintenance access/parking
3. Improvements of Area B as shown on Exhibit B
a. Pressurized irrigation delivery
b. Surface distribution system
4. Extend 7 -foot sidewalk on east side of Meridian Road to Waltman/Commercial/
Meridian intersection
5. Formliners
a. MSE wall panels
b. Center pier
c. Outer parapet
d. Inner parapet
6. Color treatment of concrete (stain/dye)
a. MSE wall panels
b. Center pier
c. Outer parapet
d. Inner parapet
7. SPUI raised island concrete pattern
City Commitments:
1. Estimated Landscape costs for Areas A and B as shown on Exhibit B and outlined
in change order 31 to the Project.
Item Number
Item Description
Est.
Quantity
Unit
Unit Price
Item Total
NC31-SP100
Landscaping Improvements*
1
LS
$111,000.00
$111,000.00
NC31-SP200
Topsoil*
1971
Ton
$73.00
$143,883.00
NC31-SP300
2" Crushed Basalt Rock*
514
Ton
$70.00
$35,980.00
NC31-SP400
Lava Basalt Dec. Boulders*
736
Ton
$120.00
$88,320.00
NC31-S904-
05N
Modify Irrigation * Irri System*
g y
1
LS
$740.00
$740.00
626-105A
Traffic Control Maintenance
120
HR
$55.75
$6,690.00
626-076A
Advanced Warning Arrow Panel
480
HR
$1.80
$864.00
630-005A
Flagging
240
HR
$53.00
$12,720.00
NC31-Sign
Welcome to Meridian Sign*
1
LS
$25,838.50
$25,838.50
NC31-Prime I
Prime Contractor Overhead and
1
CA 1
$7,392.08
$7,392.08
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 8
Profit
Net Estimated Increase $433,427.58
2. Estimated Railing Art costs for engineering and installation as outlined in
change order 27 to the Project and detailed below.
Railing Art Specifications:
• Art piece(s) may have 50% coverage of railing panels.
• Art piece(s) must not weigh more than 50 lbs. per linear foot.
• Art piece(s) must adhere to railing with no more than a 6" off -set from
railing panel.
Item Number
Item Description
lEst.Quantityl
Unit I
Unit Price
I Item Total
NC27-Engineering
Design Engineering*
1
LS
$2,247.20
$2,247.20
NC27-Art
Railing Mounted Art*
1
LS
$31,768.20
$31,768.20
NC27-Prime
Prime Contractor Overhead and Profit
1
LS
$2,200.77
$2,200.77
Net Estimated Increase $36,216.17
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 9
Legend:
Arcas'A
s�
•: Arens'B'
Irrigated Areas
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 10
�d
Legend:
Arcas'A
s�
•: Arens'B'
Irrigated Areas
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 10
EXHIBIT C
POTENTIAL FUTURE ENHANCEMENTS BY CITY
MSE Wall Panel Art Specifications:
1. Art work should be no larger than 12 feet in height and 25 feet in width.
2. Material should be steel — with a thickness of 1/4" to 3/8" with a maximum
weight of any one piece up to 5000 pounds,
3. Artwork connected to the panels require a minimum of 4 supports (3/4" bolts or
rods) which should be installed by drilling and epoxying following construction
and settlement of the wall panels. The support locations should be specified
once art work size is determined and supports installed with the artwork, not
with the overall project.
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