HomeMy WebLinkAboutCity of Nampa Water/streetlight construction/roadway construction Proj> 11419 Ustick Rd, Phyllis Canal to Owyhee Storm Sent to Micah in Parks for sig 4-16 Mayor Robert E. Simison
City Council Members:
C�qi Luke Cavener, President
E JLUIAN Liz Strader,Vice President
Brian Whitlock
Doug Taylor
John Overton
Anne Little Roberts
TO: Mayor Robert E. Simison
Members of the City Council
FROM: Micah Bandurraga
DATE: 41412025
SUBJECT: INTERAGENCY AGREEMENT FOR WATER AND STREETLIGHT
CONSTRUCTION/ROADWAY CONSTRUCTION—USTICK ROAD,
PHYLLIS CANAL TO OWYHEE STORM WIDENING
REQUESTED COUNCIL DATE:
I. RECOMMENDED ACTION
A. Move to: Approve Interagency Agreement with City of Nampa and authorize
the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Micah Bandurraga—Transportation Utility Coordinator 208-489-0352
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Director of Public Works 208-489-0365
III. DESCRIPTION
A. Background: City of Nampa is leading the road widening project for Ustick Road.
Water line extensions and streetlighting infrastructure will be included in the
project for Meridian's portion of the project. Partnering on the project gains
efficiency, saves cost, and reduces roadway downtime.
B. Proposed Project:Nampa, ACHD, and Meridian are partnering in a road widening
and utility extension project for Ustick Rd—Owyhee Storm to Philis Canal.
VII. LIST OF ATTACHMENTS: Interagency Agreement
Approved for Council Agenda:
Page 1 of 1
INTERAGENCY AGREEMENT FOR:
WATER AND STREETLIGHT CONSTRUCTION/ ROADWAY CONSTRUCTION
USTICK ROAD, PHYLLIS CANAL TO OWYHEE STORM WIDENING
PWST250008
MERIDIAN PROJECT NO. 11419
THIS INTERAGENCY AGREEMENT FOR WATER AND STREETLIGHT
CONSTRUCTION" ROADWAY CONSTRUCTION ("Agreement") is made and entered into
this %ay of_ , 2DLS�by and between the CITY OF NAMPA, a
municipality organized under the laws of the State of Idaho ("NAMPA"), and the CITY OF
MERIDIAN, a municipal corporation organized under the laws of the State of Idaho
("MERIDIAN"), regarding MERIDIAN Project No. 11419.
WHEREAS, NAMPA is a municipal corporation organized and operating pursuant to
Idaho Code Title 50, as amended and supplemented with exclusive jurisdiction and authority
to maintain, improve, regulate and operate public rights-of-way within the City of Nampa; and
WHEREAS, both NAMPA and MERIDIAN_are municipal corporations organized and
operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction,
authority and police power to regulate and control municipal activities within their respective
cities; and
WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may
contract with any one or more other public agencies to perform any governmental service,
activity or undertaking which each public agency entering into the contract is authorized by law
to perform, provided that such contract is authorized by the governing body of each party and
that such contract shall set forth fully the purposes, powers, rights, objectives and
responsibilities of the contracting parties; and
WHEREAS, MERIDIAN and NAMPA desire to undertake a cooperative effort to
incorporate MERIDIAN's water and streetlight infrastructure (collectively, "MERIDIAN
Infrastructure") into NAMPA's construction project known as USTICK ROAD, PHYLLIS CANAL
TO OWYHEE STORM WIDENING ("PROJECT"); and
WHEREAS, MERIDIAN Infrastructure will be located in Ada County Highway District
(ACHD) owned facilities on Ustick Road; and
WHEREAS, NAMPA is willing to accommodate MERIDIAN's request to include
construction of MERIDIAN Infrastructure and incorporate the MERIDIAN Infrastructure plans
and specifications into the PROJECT, subject to the terms, conditions and obligations set forth
in this Agreement;
NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and
agreements herein contained, the parties hereto agree as follows:
1. MERIDIAN'S RESPONSIBILITIES:
MERIDIAN shall:
Interagency Agreement for Water and Streetlight Infrastructure Construction Page 1 of 6
a. Prepare Plans, Specifications, and an Estimate detailing MERIDAN Infrastructure to
be incorporated into PROJECT, in conformance with the 2020 edition of the Idaho
Standards for Public Works Construction (ISPWC) and the most current MERIDIAN
Supplemental Specifications to the ISPWC.
b. Deliver final ready for construction Plans, Specifications, and Estimate, described
above, to the reasonable satisfaction of NAMPA, no later than February 11, 2025.
c. Prior to Nampa bidding the PROJECT, or within thirty (30) days of the effective date
hereof, whichever is later, pay to NAMPA the sum of $741,300.00 which is 105% of
the estimated cost ($706,000.00) of the MERIDIAN Infrastructure to be incorporated
into NAMPA's PROJECT. In addition to water and streetlight infrastructure, the
foregoing estimated cost includes overhead, benefits, project administration costs
(public advertisement of the Project, supplying bid plans, supplying construction plans,
preparing and holding the preconstruction meeting, generating monthly pay estimates
and paying the Contractor, preparing change orders, maintaining construction project
files), general construction project oversight, mobilization, traffic control, flagging,
detours and weekly meetings.
d. Identify and provide to NAMPA contact information for a project manager whose
responsibility is to administer the review, inspection and acceptance of MERIDIAN
Infrastructure on behalf of MERIDIAN.
i
e. Review and approve contract submittals pertinent to the installation and acceptance of
MERIDIAN Infrastructure, which approval shall not unreasonably be withheld,
conditioned, or delayed.
f. Timely inspect and accept, which approval shall not unreasonably be withheld,
conditioned, or delayed, MERIDIAN Infrastructure installed contemporaneously with
NAMPA roadway construction.
g. Provide timely review and written concurrence or rejection of contract changes solely
related to MERIDIAN Infrastructure work.
h. Prepare final acceptance letter prior to authorization of final progress payment for
MERIDIAN Infrastructure work.
i. Review and approve monthly pay applications submitted by contractor prior to
payment by NAMPA,which approval shall not unreasonably be withheld, conditioned,
or delayed.
j. Issue final acceptance of the MERIDIAN Infrastructure work.
2. NAMPA'S RESPONSIBILITIES:
NAMPA shall:
Interagency Agreement for Water and Streetlight Infrastructure Construction Page 2 of 6
a. Incorporate MERIDIAN Infrastructure into the PROJECT. Nampa will advertise, bid, and
administer the construction contract in accordance with all applicable laws, including all
laws applicable to procurement and public works contracts.
b. MERIDIAN Infrastructure work will be bid as integral to the PROJECT. If the bid
aggregate sum of MERIDIAN Infrastructure work exceeds 110% of the Engineer's
Estimate, NAMPA will obtain written approval from MERIDIAN prior to award of the
contract.
c. Secure in its contract with the contractor and in performance bond terms the right to
assign to MERIDIAN its rights under each instrument. NAMPA shall provide to
MERIDIAN proof of such provisions prior to notice to proceed.
d. Coordinate with MERIDIAN should any changes be made to MERIDIAN's portion of the
work.
e. Make monthly progress payments and the final payment to the Contractor for
MERIDIAN's Infrastructure work pursuant to MERIDIAN's interim and final authorization
to pay.
f. Once MERIDIAN's infrastructure work is completed and accepted, NAMPA and
MERIDIAN will reconcile actual MERIDIAN expenditures. MERIDIAN will pay NAMPA
for MERIDIAN expenditures in excess of this agreement within 60 days of final
reconciliation; NAMPA will refund to MERIDIAN any surplus funding within 60 calendar
days of this final reconciliation.
3. LIMITATION OF NAMPA'S LIABILITY; RIGHT OF ASSIGNMENT
NAMPA does not intend to incur any liability for the work performed by the contractor
selected to complete the Project, including, without limitation, liability for injury to persons or
property, liability associated with the workmanship, means, or methods of the contractor, or
liability associated with the conformity of the work done with MERIDIAN's plans. The Parties
acknowledge that the contractor selected to complete the work outlined in this agreement
shall remain solely responsible for the construction and completion thereof. In the event a
dispute arises between MERIDIAN and NAMPA as to the quality of the work or the conformity
of the work to the plans provided by MERIDIAN to NAMPA (as required by Section 1(a)
and/or 1(b), above), NAMPA shall have the right to assign its rights and remedies under said
agreement with the contractor, including warranty and access to the performance bond, to
MERIDIAN, in which event MERIDIAN shall then be solely responsible for pursuing any
claims for defects, deviations, warranty work, or otherwise against the contractor.
4. THE PARTIES HERETO FURTHER AGREE THAT:
a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives
of each of the parties are as set forth in the Recitals above. Each of the Recitals above
is incorporated into the body of this Agreement.
Interagency Agreement for Water and Streetlight Infrastructure Construction Page 3 of 6
b. NAMPA shall obtain MERIDIAN'S approval prior to commencement of any change order
work involving the MERIDIAN'S Infrastructure.
c. Prior to commencement of work by the Contractor, the parties will, together with the
Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the
Project to locate any unstable areas and to resolve any items of concern or
misunderstanding.
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
Canyon.
h. This Agreement shall be binding upon and inure to the benefit of the personal
representatives, heirs and assigns of the respective parties hereto.
i. Nothing in this Agreement shall be construed to be an indebtedness or liability in
violation of Article VI Il, Section 3 of the Idaho Constitution. The parties are governmental
entities, and the validity of this Agreement is based upon the availability of public funding
under the authority of each Party's respective statutory mandates._Notwithstanding
anything in this Agreement to the contrary, each Party's obligations to the other under
this Agreement shall be subject to and dependent upon appropriations being made by
their respective city councils for such purpose.
j. The validity, meaning and effect of this Agreement shall be determined in accordance
with the laws of the State of Idaho.
k. 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 or agreements except as specifically set forth herein.
I. The promises, covenants, conditions and agreements herein contained shall be binding
on each of the parties hereto and on all parties and all persons claiming under them or
any of them; and the rights and obligations hereof shall inure to the benefit of each of
the parties hereto and their respective successors and assigns.
Interagency Agreement for Water and Streetlight Infrastructure Construction Page 4 of 6
m. If any part of this Agreement is held to be illegal or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent
reasonably possible.
n. The failure of a party to insist on the strict performance of any provision of this
Agreement or to exercise any right or remedy upon a breach hereof shall not constitute
a waiver of any provision of this Agreement or limit such party's right to enforce any
provision or exercise any right. No acknowledgments required hereunder, and no
modification or waiver of any provision of this Agreement or consent to departure
therefrom, shall be effective unless in writing and signed by both Parties.
o. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, and both of which together shall constitute a fully executed
agreement.
p. The parties hereto agree that nothing herein contained shall be construed to create a
joint venture, partnership or other similar relationship which might subject any party to
liability for the debts and/or obligations of the others, except as otherwise expressly
agreed in this Agreement.
q. This Agreement is not intended to create, nor shall it in any way be interpreted or
construed to create, any third-party beneficiary rights in any person not a party hereto.
r. All parties have been represented by legal counsel, and no party shall be deemed to be
the drafter of this Agreement for purposes of interpreting an ambiguity against the
drafter.
s. Time shall be of the essence for all events and obligations to be performed under this
Agreement.
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day
and year herein first written.
ATTEST: CITY OF NAMPA
By: Y� By: '
Charlene Tim Debo h Kling
City Clerk Mayor
ATTEST: CITY OF MERIDIAN
By: By:
Interagency Agreement for Water and Streetlight Infrastructure Construction Page 5 of 6
Chris Johnson Robert E. Simison
City Clerk Mayor
STATE OF IDAHO )
): ss
County of Canyon )
On this 1�01 day of_VfafC� , 2025, before me, a Notary Public, personally
appeared Deborah Kling and Charlene Tim, know or identified to me to be the Mayor and
Clerk, respectively, of the City of Nampa, who executed this instrument of behalf of said City,
and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
�1g111111 I l l f l l//�/�
�"�.��°.�pN1E pjit%.,%
'ti' OTAR Notary Public for Idaho
PUgb1G Residing at ���PYIQ�� Idaho
�!►'%` My Commission Expires:
i'���Sept 1�'•'��+
STATE OF IDAHOfr''au,,,,�I1F,`I�1``�```\
): ss
County of Ada )
On this day of 2025, before me, a Notary Public, personally
appeared Robert E. Simison and Chris Johnson, know or identified to me to be the Mayor
and Clerk, respectively, of the City of Meridian, who executed this instrument of behalf of said
City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at Idaho
My Commission Expires:
Interagency Agreement for Water and Streetlight Infrastructure Construction Page 6 of 6