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Home My WebLink AboutITD Cost Utility Agreement SH-16, I-84 to US 20/26 and SH 44 ACTUAL COST UTILITY AGREEMENT SH-16, 1-84 to US 20/26&SH 44 PROJECT NO. A020 (788) KEY NO. 20788 ITD AGREEMENT NO. 9981 THIS ACTUAL COST UTILITY AGREEMENT ("AGREEMENT"), made and entered into this `th day of mmembw , 2424, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereinafter referred to as the "State", and the City of Meridian, hereinafter referred to as the "City". PURPOSE: The State and Federal Government propose a Project to improve a section of SH-16 from 1-84 to US-20/26 in Ada County, Idaho. The State and the City agree that it is in the best interest of the public to modify the City's utility facilities ("Utility Modification") located in or near the Project construction area. This Agreement sets out the terms by which the State will reimburse the City for its costs of Utility Relocation. GENERAL DEFINITIONS Project—The work defined by the plans and specifications developed by the State that is assigned the Project Number and Key Number as shown on the first page of this Agreement. Utility Relocation—City facilities that are modified in place or moved to a different location to accommodate the Project. TERMS AND CONDITIONS: 1. Property Rights Upon purchase by ITD, City hereby releases and relinquishes to the State all its property rights, title and interest in City easements located within the right-of-way of this Project. 2. Modification of City Facilities The City shall arrange for all labor, materials, and equipment necessary, including survey services, for the completion of Utility Relocation as shown on the plans attached hereto as EXHIBIT A and by reference made a part of this Agreement. The work shall include the following: • Encasing the City of Meridian's existing 12-inch PVC C-900 waterline to outside the Agreement No. Key No. 20788 Page 1 of 7 page 190 ACTUAL COST UTILITY AGREEMENT SH-16, 1-84 to US 20/26 & SH 44 PROJECT NO. A020 (788) KEY NO. 20788 ITD AGREEMENT NO. THIS ACTUAL COST UTILITY AGREEMENT ("AGREEMENT"), made and entered into this 9th day of November , 2021, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereinafter referred to as the "State", and the City of Meridian, hereinafter referred to as the "City". PURPOSE: The State and Federal Government propose a Project to improve a section of SH-16 from 1-84 to US-20/26 in Ada County, Idaho. The State and the City agree that it is in the best interest of the public to modify the City's utility facilities ("Utility Modification") located in or near the Project construction area. This Agreement sets out the terms by which the State will reimburse the City for its costs of Utility Relocation. C►141.7-Am aW1llI197►F-1 Project — The work defined by the plans and specifications developed by the State that is assigned the Project Number and Key Number as shown on the first page of this Agreement. Utility Relocation — City facilities that are modified in place or moved to a different location to accommodate the Project. TERMS AND CONDITIONS: Property Rights Upon purchase by ITD, City hereby releases and relinquishes to the State all its property rights, title and interest in City easements located within the right-of-way of this Project. 2. Modification of City Facilities The City shall arrange for all labor, materials, and equipment necessary, including survey services, for the completion of Utility Relocation as shown on the plans attached hereto as EXHIBIT A and by reference made a part of this Agreement. The work shall include the following: • Encasing the City of Meridian's existing 12-inch PVC C-900 waterline to outside the Agreement No. Key No. 20788 Page 1 of 7 page 190 Item #14. roadway prism at approximate SH-16 Station 459+20 and Station 474+70. This includes removal of the existing pipe, installation of a steel casing, then installation of 16-inch HDPE pipe (to meet or exceed the inside diameter of the existing pipe) A) Utility Modification may either be done with City forces and equipment or by a contract awarded by the City. Rental equipment shall have prior approval of the State to be reimbursable. B) Utility Modification shall be completed either prior to the State advertising the Project for bids or by coordinating with the State's Contractor during construction of the Project. The City shall either verify that the State has acquired right-of-way or make its own arrangement with each property owner before starting Utility Relocation. All Utility Relocation or Modification shall be completed to the State's satisfaction. C) The City shall furnish detailed plans, specifications, lists of materials, and estimates of cost that may be required in addition to those prepared by the State. These plans, specifications, lists, and estimates are hereby made a part of this Agreement and attached hereto as EXHIBIT A and by reference and are included as part of Utility Relocation. D) The City shall furnish a work schedule, including dates for begin and end of work, to the State prior to the start of Utility Relocation. This work schedule is to include any activities or work required by the State or its Contractor necessary for the completion of Utility Relocation. The work schedule is to be in a printed format that may include descriptive text, charts, or diagrams. Revised work schedules are to be furnished to the State when requested. E) Pursuant to the Board Order to be provided by the State to the City, the City shall notify the State 48 hours prior to start of Utility Relocation. F) The City shall notify the State in writing of the date when Utility Relocation is completed. 3. State to Reimburse City for Portion of Actual Cost A) The State will reimburse the City for the 30% of the actual cost of the Utility Modification as previously described. The estimated cost of Utility Modification reimbursable by the State is $97,000. Cost estimating information is attached hereto as EXHIBIT B and by reference made a part of this Agreement. B) The City may submit billings for reimbursement of Utility Relocation to the State for progress payments while the work is ongoing. The City shall submit a final bill to the State for reimbursement of all Utility Relocation within one hundred twenty (120) days after completion of the work. All billings shall include supporting documentation substantiating the cost of Utility Relocation. C) The State shall pay progress billings within forty-five (45) days and final billing within ninety (90) days after receipt of the bills. All payments are subject to the findings of a final audit by Agreement No. Key No. 20788 Page 2 of 7 page 191 Item #14. the State. D) Reference to the Project Number and Key Number shall be indicated on all bills, correspondence, and records pertaining to this Project. 4. Disposal of Materials The State shall be afforded a reasonable opportunity to inspect materials recovered by the City prior to disposal by sale or scrap. This requirement will be satisfied by the City giving written notice, or oral notice with prompt written confirmation, to the State of the time and place where the materials will be available for inspection. The giving of notice is the responsibility of the City, and it may be held accountable for full value of materials disposed of without notice. 5. BUY AMERICA PROVISION A) All steel or iron materials permanently incorporated into the Utility Relocation shall have been produced in the United States. All manufacturing processes for these materials, including the application of coatings on such materials, must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. B) Certifications documenting that steel and iron have been manufactured in the United States and documenting that coatings for iron or steel have been applied in the United States, shall be provided to the City by the manufacturer. The City shall provide the required certifications to the State prior to incorporating these materials into the Utility Relocation. Certification shall extend to materials utilized in manufactured and fabricated products purchased by the City. C) Certifications shall conform to the requirements of Subsection 106.04 of the ITD Standard Specifications for Highway Construction. D) Small quantities of foreign manufactured and fabricated material will be permitted so long as their total cost does not exceed 0.1% of the total contract amount or $2,500, whichever is greater. E) Should foreign steel, iron, or applied coatings for iron or steel in excess of the quantities allowed herein become incorporated into the work, the City shall remove such materials in excess of the allowable maximum and replace them with materials complying with these specifications at no cost to the State. 6. State and City Contact Persons A) The City is to submit billings and related documents to, as well as coordinate all Utility Relocation activities through, the State's contact person: Agreement No. Key No. 20788 Page 3 of 7 page 192 Item #14. Alan Buehrig Idaho Transportation Department, District 3 8150 Chinden Boulevard Boise, ID 83714-1367 Telephone number is (208) 334-8352 The State may change its contact person by notifying the City in writing. B) The State is to coordinate all Utility Relocation activities through the City's contact person: Kyle Radek, Assistant City Engineer - Water City of Meridian, Public Work Department 33 E. Broadway Ave., Meridian, Idaho 83642 Telephone number is 208-898-5500 The City may change its contact person by notifying the State in writing. 7. Indemnification of the State by the City To the extent permitted by Idaho law and without waiving any of the defenses, immunities or other protections available thereunder, the City agrees to indemnify, save harmless and defend the State, regardless of outcome, from the expenses of and against suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of the City or its contractor in the design, construction and maintenance of the Utility Relocation, which is covered by this Agreement. 8. Choice of Law and Severability A) This agreement is governed by the laws of the State of Idaho. If a term of this agreement is determined to be illegal by competent authority, it will not invalidate the remaining terms of this agreement. B) Any lawsuit or litigation against the State is to be filed in a court located in Ada County, Idaho. 9. Federal -Aid Policy Guide The regulatory provision of the Federal -Aid Policy Guide (FAPG), subsection 23 FAPG 645A dated January 31, 2002, by the Federal Highway Administration, and any amendments or supplements that are in effect prior to execution of this Agreement are hereby made a part of this Agreement by reference. 10. Modifications to Agreement or Utility Relocation Agreement No. Key No. 20788 Page 4 of 7 page 193 item#94. Proposed modifications to this Agreement or Utility Relocation as defined by the Project shall be approved by both parties in advance by a change order issued from the State. Deviation from this Agreement or Utility Relocation as defined by the Project without prior approval by one party will remove that portion of the Utility Relocation from reimbursement under this Agreement. 11. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives effective as of the date and year first above written. Attest for City of Meridian City of Meridian By: ,t.j, By: t Title: City Clerk Chris Johnson 11-9-2021 Title: Mayor Robert E.Simison 11-9-2021 Recommended for ITD IDAHO TRANSPORTATION DEPARTMENT Digitally signed by J.Caleb Lakey DN:C=US,E=',aleb.lakey@itd.idaho,g,V', 0-Idaho Transportation Department, J. Caleb Lake LU=Di":Di,1 CN=J Caleb Lakey Location:District ITD Reason:I am approving th,s document y: By: Contact Info:District Adminlstratnr D Date:2022 02M 15 07:59-07'00' Program Manager District Engineer Agreement No. Key No. 20788 Page 5 of 7 Page 194 Item #14. Proposed modifications to this Agreement or Utility Relocation as defined by the Project shall be approved by both parties in advance by a change order issued from the State. Deviation from this Agreement or Utility Relocation as defined by the Project without prior approval by one party will remove that portion of the Utility Relocation from reimbursement under this Agreement. 11. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives effective as of the date and year first above written. Attest for City of Meridian M Title: City Clerk Chris Johnson 11-9-2021 Recommended for ITD 0 City of Meridian MI - Title: Mayor Robert E. Simison 11-9-2021 IDAHO TRANSPORTATION DEPARTMENT IN Program Manager District Engineer Agreement No. Key No. 20788 Page 5 of 7 page 194 Item #14. EXHIBIT "A" To Actual Cost Utility Agreement Cover Sheet for the Project Plans Agreement No. Key No. 20788 Page 6 of 7 page 195 Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Item #14. EXHIBIT "B" To Actual Cost Utility Agreement Cover Sheet for the Estimated Relocation Cost Agreement No. Key No. 20788 Page 7 of 7 page 203 Item #14. City of Meridian Future State Highway 16 Water Main Improvements City Project No. 11089 Construction Cost Estimate - Cost Sharing Portion October 8, 2021 Item No. Item Description Estimated Quantity Unit Unit Price Item Total 205.4.1.B.1. DEWATERING 1 LS $1,250.00 $1,250.00 306.4.1.D.1. IMPORTED TRENCH BACKFILL, TYPE A (PRE -APPROVAL REQUIRED) 200 TON $50.00 $10,000.00 307.4.1.E.1. TYPE C SURFACE RESTORATION 760 SY $15.00 $11,400.00 310.4.1.A.1. 20" 0, 3/8" THICK STEEL CASING PIPE 410 LF $420.00 $172,200.00 401.4.1.A.1.d 16" (IPS) HDPE, AWWA C906, PE4710, DR9, WATER MAIN 490 LF $110.00 $53,900.00 1001.4.1.A.1. SEDIMENT CONTROL 1 LS $1,250.00 $1,250.00 1001.4.2.13.1. STABILIZED CONSTRUCTION ENTRANCE 2 EA $2,000.00 $4,000.00 1003.4.1.G.1. STRAW WATTLE 450 LF $4.00 $1,800.00 2010.4.1.A.1. MOBILIZATION 1 LS $13,000.00 $13,000.00 Total 268,800.00 20% Contingency $53,760.00 Budget Total $322,560.00 SH-16 Water Main Improvements Cost Sharing Portion Estimate .xIs Page 204 10/12/2021