Agreement 7/2002AGREEMENT
PARTIES: 1. City of Meridian
2. Retail West Properties, LLC
THIS AGREEMENT (this "Agreement"), is made and entered into
this day of G' , 2002, by and between CITY OF
MERIDIAN, a municipal corpo tion of the State of Idaho, hereafter called "CITY", and
RETAIL WEST PROEPRTIES, LLC, hereinafter called "RETAIL", whose address is
Boise City National Bank Building, 805 West Idaho, Suite 302, Boise, Idaho 83702.
1. WHEREAS, "RETAIL" made representations at the public hearings before the
Meridian City Council, as to the preliminary concept report with Eastbourne
Development on the Ten Mile Interchange; and
2. WHEREAS, "CITY" is desirous of the information on the preliminary concept
report for the "INTERCHANGE" in order to facilitate a plan for growth within
the City of Meridian, and to provide essential public services to an area that is
expected to develop.
3. WHEREAS, "CITY" agrees to reimburse "RETAIL" for one-half (1/2) the cost
of the proposal but shall not exceed $40,000.00 for "CITY'S" portion, and
"CITY" considers the cost as an effic~ent and appropriate use of "CITY'
resources to obtain the results of the study, and is consistent with the "CITY'S"
planning objectives.
4. WHEREAS, "CITY" and "RETAIL" deem it to be in its best interest to be able
to enter into this Agreement and acknowledges that this Agreement is entered into
voluntarily; and
NOW, THEREFORE, in consideration of the covenants and conditions
as set forth herein, the parties agree as follows:
5. INCORPORATION OF RECITALS: That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
6. "RETAIL" shall contract with Earth Tech, Inc., Gary R. Funkhouser Program
Director, of which a copy of the Preliminary Concept Report for the Ten Mile
Interchange is attached hereto as Exhibit "A" consisting of eleven (11) pages, and
AGREEMENT TEN MILE INTERCHANGE
incorporated as if set forth in full hereat, for certain planning services for the study, and
said planning to include the following services: Power Engineers-Environmental Studies,
Porter's Land Surveying-Topographic Surveys, The Land Group-Landscape Architects,
Terracon-Geotechnical Investigations, and Peyron &Associates-Public Participation.
7. "CITY" shall reimburse "RETAIL", upon completion of the study in an amount
equal to one-half of the cost of obtaining that study, but in any case not to exceed
$40,000.00.
8. DEFAULT: If, through any cause, "RETAIL" shall fail to fulfill in a timely and
proper manner any obligations under this agreement, or if "RETAIL" shall violate any of
the covenants, agreements or stipulations of this agreement, the "CITY" shall have the
right to terminate this agreement by giving written notice to "RETAIL" of such
termination, and specifying the effective date thereof, but such notice must be sent to
"RETAIL" no later than 15 days before the effective date of termination of the
agreement. In that event, all finished or unfinished documents, or other notes or drafts
prepared by "RETAIL:" under this agreement, at the option of the "CITY", shall become
"CITY" property. Nothing shall relieve the "CITY" from its obligation to pay
compensation as set forth above.
9. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit
in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
RETAIL:
Retail West Properties, LLC
c/o P. Eric Davis
Boise City National Bank Building
805 West Idaho, Suite 302
Boise, Idaho 83702
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
9.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
AGREEMENT TEN MILE INTERCHANGE - 2
10. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
1 1. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
12. BINDING EFFECT: The provisions hereof shall bind and inure to the
benefit of the parties hereto and their respective successors and assigns.
13. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
14. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "RETAIL" and "CITY"
relative to. the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "RETAIL" and
"CITY", other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns, and pursuant, with respect to "CITY", to a duly adopted
ordinance or resolution of "CITY".
15. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective at such time as both parties have execute this Agreement.
AGREEMENT TEN MILE INTERCHANGE _ 3
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
RETAIL WEST PRbI'PERTIES. LLC:
BY:
P. Eric
Attest:
1 ~
BY:
CITY OF MERIDIAN
Attest: \`,.~`~e~~l pf MEI~j~~9~~~~'%
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William G. Berg, Jr., Ci Cl rk -~G ~o~'
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AGREEMENT TEN MILE INTERCHANGE - 4
STATE OF IDAHO )
ss
COUNTY OF ADA )
On this ~ q ~ day of ~(,c.~ , in the year 2002,
before me, ~~~.~~,-rw~~ ~`~- a Notary Public, personally
appeared P. Eric Davis and ,known or
identified to me to be the President and ~- of Retail West
Properties, LLC, who executed the instrument and acknowledged to me that they
executed the same on behalf of said Retail West Properties, LLC.
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Commission expires: - ~~5~
STATE OF IDAHO )
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COUNTY OF ADA )
On this~~ day of , in the year 2002,
before me, a Notary Public, personally appearedl' Rober~''D. Corrie and William G. Berg,
Jr. ,known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of
behalf of said ~t~!0~1f~iowledged to me that such City executed the same.
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Commission expires: ~Q- o1-a~
Z:\Work\M\Meridian\Meridian 15360M\TEN MILE INTERCHANGE\Agreement.doc
AGREEMENT TEN MILE INTERCHANGE - 5
3o7t L•. Franklin RoaJ, Suitc i01, hlcridian, Idrhn ti3Gq_
^
February 5, 2002
Eric Davis
Retail West Properties
805 W. Idaho
Suite 302
Boise, Idaho 83702
RE: Proposal Request
Preliminary Concept Report for the Ten Mile Interchange
Dear Mr. Davis:
Earth Tech, Inc. is pleased to submit this revised Scope and cost estimate for the Preliminary
Concept Report for the Ten Mile Interchange.
We have assembled a team of experts with the dedication and vision to ensure the successful
delivery of this project. Our team will provide support throughout the design phase of the
project. Our team includes the following professionals:
Power Engineers _ Environmental Studies Jim Jensen (208) 378-OOZl
Porter's Lai:d Surveying Topographic Surveys Clyde Porter (Z08) 344-3650
Tl:e Lai:d Group Landscape Architecture Dave Koga (208) 939-4041
Terracon Geotechnical Investigations Mike Merhar (208) 323-9520
Peyron & Associates Public Participation Scott Peyron (z08) 388-3800
Not all of tl:e above profession:als will be utilized in tl:e preliminary concept please of t/ie
project
Earth Tech will make the Ten Mile Interchange project our top priority. We commit that our
Project Manager (Dan Thompson, PE) and key personnel will meet the Eastbourne's quality
and schedule expectations.
If you have any questions during the evaluation process, please do no hesitate to contact
either Dan Thompson or myself at 208-855-2000.
Very truly yours,
Earth Tec ~
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Ga R. ~~'unkhouser PE
D'
Prograyh Director
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SCOPE OF WORK
TEN MILE ROAD INTERCHANGE
Introduction
This scope of work has been prepared to demonstrate Earth Tech's approach to the project
development of the Ten Mile Interchange Project. The detailed scope of work has been prepared
from site visits, discussions with ITD, and our understanding of ITD procedures and practices.
There are six major tasks involved with the work. They are:
Task 1 -Pre-operations Conference and Administration
Task 2 -Inventory, Data Collection, and Supplemental Field Surveys
Task 3 -Soil and Material .Investigations
Task 4 -Preliminary Investigations
Task 5 -Preliminary Environmental Investigations
Task 6 -Preliminary Concept Report
Task 7 -Public Participation
Our understanding is that the scope of work for the project is only through the preparation and
submittal of the Preliminary Concept Report.
Our approach to the project will be to keep all participants, proposed project partners and
stakeholders informed of all key decisions as they are being developed. Al] of the key aspects
will have been discussed with Eastbourne, ITD, FHWA and local agencies as the Preliminary
Concept is being developed. Decisions will be documented and required concurrence will be
obtained prior to incorporation into the document.
1 PRE-OPERATIONS CONFERENCE AND ADMINISTRATION
This task will serve to initiate the project, clarify all standards and requirements, and establish
project protocol.
1.1 .General Administration
This task will consist of the daily management of the project and involves
administrative tasks of a general nature that are required of the Consultant during the
course of project development, including Subconsultant administration and setting up
project accounting procedures.
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1.2 Pre-Operations Conference
Earth Tech representatives, including the project manager and key project
engineers, ITD, ACRD and FHWA, will attend the conference. At this
meeting, the scope of work, contract terms, etc. will be reviewed to assure a
thorough understanding by all parties and project responsibilities, assigned
project schedules, deadlines, and deliverables will also be reviewed. A site
reconnaissance will be conducted. Review areas of concern, key design issues
and project Coordination issues with team members. Prepare field notes of
issues discussed. Discuss possible interchange configurations.
Responsible Parries: Eastbourne, Earth Tech, ITD, FHWA
1.3 Coordination and Meetings
Weekly meetings will be held with team members to discuss progress and determine
needs for the following week. ET will hold Biweekly meetings with the client to
discuss progress. To keep the project on a fast track schedule, Earth Tech will
coordinate all aspects of the project with the decision making agencies (ITD, ACRD,
FHWA) to make sure key decisions are made in a timely fashion.
2 INVENTORY, DATA COLLECTION AND FIELD SURVEYS
This task consists of field survey work, other data collection, required for
developing the Preliminary Concept for the project.
It is our understanding that minimal survey work has been done in the proposed
interchange area. We have assumed that the COMPASS ortho photos will be
available to use as a base map.
2.1 Review Existing Survey Data
Existing survey data (control, mapping of adjacent property) will be obtained from
Eastbourne, COMPASS and ITD. The project manager and team members will
review this data to determine the type of information available and any additional
data requirements. This information will be used tQ develop base mapping for the
project. ,
Responsible Party: Earth Tech
2.2 Base Map
The Consultant will acquire a scaled aerial photo from COMPASS to augment the
base information required for the Preliminary Concept Study.
Verify and locate survey control established for the aerial mapping.
2.3 Obtain and Review Existing Alignment Data
^ Obtain existing survey data and control; electronic copies of base maps, aerial
Mapping; and existingright-of--way maps, highway construction plans, record
of surveys, deeds for adjacent/affected properties, and tax assessor maps and
boring data.
^ Obtain previous studies and reports that have been developed for or related to
the Project.
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Obtain relevant planning documents from ITD, ACI-1D, COMPASS
and other agencies, as appropriate.
Contact appropriate agencies and individuals to obtain existing data that may
be useful in the development of the Project.
Responsible Parry: Earth Tech
SOILS AND MATERIALS INVESTIGATION
Geological reconnaissance and geotechnical investigations are specifically
excluded from this Scope of Work.
4 PRELIMINARY INVESTIGATIONS
This task consists of the establishment of engineering requirements for preliminary
design, and will include the preliminary studies identified below.
The following assumptions have been made in developing this scope:
^ A maximum of three preliminary alignments will be included in the
Preliminary Concept Report.
^ "ITD has gathered traffic data and future projections for all segments of the
roadway and at the interchange area. It is assumed that this data will be
adequate for Earth Tech's use in preparing the traffic study. No additional
projections or counts are anticipated.
4.1 Utility Investigations
Utility companies will be contacted to obtain existing records of utilities within the
project limits. This information will be used in conjunction with field survey data to
determine actual utility locations within the project limits. Incorporation of utilities
within the design will be investigated. -
Responsible Party: Earth Tech
4.2 Obtain Existing Data
^ Obtain existing survey data and control; electronic copies of base maps,
aerial mapping; and existing right-of--way maps, highway construction
plans, record of surveys, deeds for adjacent/affected properties, and tax
assessor maps and zoning data.
Obtain previous studies and reports that have been developed for or related
to the Project.
Obtain relevant planning documents from ITD, City of Meridian,
COMPASS and other agencies, as appropriate.
Contact appropriate agencies and individuals to obtain existing data that
may be useful in the development of the Project.
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4.3 Traffic Studies
Traffic studies will need to be completed for the project to support proposed
standards and construction requirements. ITD has also indicated they would like to
know what improvements on I-84 would be needed to support an interchange at this
location. Will construction be needed on I-84? A traffic report answeringF_astboume
and ITD's concerns will be prepared.
Responsible Parry: Earth Tech
Deliverable: Traffic Report
4.2.1 Review Traffic Volumes, Studies, and Projections
Obtain and review traffic projections that ITD and Eastbourne 's traffic consultant
have completed and determine if any additional traffic information is necessary. )fit
is, a request will be submitted for the information, or traffic counts will be completed
by Earth Tech as an extra cost.
Responsible Party: Earth Tech
4.2.2 Prepare Traffic Report
The capacity analysis will be prepared for al] ramp approaches and ramp terminals.
Lane and intersection configurations will be determined. Required documentation
will be prepared and submitted.
Responsible Party: Earth Tech
-Deliverable: Traffic Reporr
4.3 Existing Ten-Mile structural analysis:
For this study it is assumed that the existing over crossing will be replaced.
5 PRELIMINARY ENVIRONMENTAL INVESTIGATIONS
A preliminary environmental document will be prepared for submittal with the
Preliminary Concept report. The primary purpose of this task is to identifypotential
environmental, issues. Upon selection of an alternative and review of the
preliminary Environmental report. Additional environmental studies will be
required. No Archeological Clearance or NPDES Permit Checklist will be
completed for this Preliminary Concept Report.
5.1 ITD Form 654 Preliminary Environmental Evaluation
ITD Form 654 will be prepared with the necessary back-up information and reports.
Responsible Party: Earth Tech
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5.2 ITD Form 654 A Hazardous Wastes/Materials Preliminary site Assessment
ITD Form 654 A will also be prepared with the necessary back up information and
reports. Our scope assumes this work will be confined to only the research necessary
for and completing required ITD 654 a preparation.
Responsible Parry: Earth Tech
5.3 Contact Agencies and Officials
Local, state and federal agencies and concerned individuals, which may have an
interest in the project, will be notified and input from them will be solicited.
Responsible Party: Earth Tech
6 PRELIMINARY CONCEPT REPORT
6.1 Preparation of Design Standards
Design Standards will be prepared using ITD form 783-A and ITD Access Control
form 606. Following TI'D approval, all project team members will be advised of
these design parameters.
Responsible. Party: Earth Tech
Deliverables: ITD Form 783 A and ITD Form 606.
6.2 Alternatives analysis
An engineering analysis and economic comparison of alternatives considered for
the project will be conducted and a recommendation made for the preferred
alternative. ITD has indicated that they want a thorough economic analysis for
this project. The alternatives will NOT investigate the usage of the existing Ten-
Mile over-crossing in the Preliminary Concept. This includes needs and costs for
rights of way beyond that which is normally prepared at the Preliminary Concept
stage. The design efforts performed by the Consultant will be developed in
accordance with the requirements of the 1TD Design Manual or as directed by
ITD District 3 personnel. The conceptual design will be performed to a detail
sufficient so the project can be appropriately programmed in the State
Transportation Improvement Plan.
Responsible Party: Earth Tech
Deliverable: ITD Form 783-A
6.3 Design Exceptions
In the event that exceptions to design standards are required for any reason, a Design
Exceptions Report will be completed detailing the standard, the proposed exception,
and the reason for the exception.
Responsible Parties: Earth Tech, Terracon
Deliverable: TlD Form 783-8
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6.4 Prepare Alternative Cost Estimate
A cost estimate will be prepared so alternatives can be compared and budgets can be
determined. The cost analysis will be sufficient so that it can be utilized to determine
partner's possible cost sharing responsibilities.
Responsible Party: Earth Tech
Deliverable: Opinion of Cost
6.5 Prepare Preliminary Concept Report
A complete Preliminary Concept Report will be prepared for approval, using all
information developed to date.
Responsible Party: Earth Tech
Deliverable: Preliminary Concept Report
6.6 ITD Review
A three-week period for review of the Preliminary Concept design has been
estimated.
6.7 Attend Preliminary Concept Review Meeting
The project team will attend a Preliminary Concept review meeting at Earth Tech's
Office.
Responsible Party: Earth Tech
6.8 Revise and Resubmit Preliminary Concept
Earth Tech will review the comments from the review meeting and incorporate them
into the Preliminary Concept report and resubmit for signature.
7 PUBLIC PARTICIPATION
7.1 Public Participation
Public Participation will be limited to one open house format informational
meeting. The meeting will occur following the initial submittal of the Preliminary
Concept. .
The consultant will: .
^ Prepare up to three exhibit boards for this meeting and will attend the
meeting.
^ Prepare a hand out describing the alternatives for the meeting and a
comment sheet.
^ Compile the comments.
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Earth Tech Ten Miie Interchange Man-Day Estimate
1. PREOPERATIONS AND ADMINISTRATION
1.1 General Administration
1.2 Pre-Op Conference
1.3 Coordination and Meetings
2. INVENTORY, DATA COLLECTION & FIELD SURVEYS
2.1 Review Existing Data
2.2 Base Map
2.3 Obtain and Review Existing Alignment Data
TMTDLIPMID ISMOGIEMDRIDMSDNIDM-0 ~FM-D SMEDO
8.0 2.0 4.0 2.0
1.5 0.5 1.0
5.7 0.5 4.5 0.5 0.2
2.4 0.1 1.0 1.0 0.3
1.2 0.2 1.0
3.0 1.0 2.0
3. SOILS AND MATERIALS INVESTIGATION
Not part of this project
4. 4 PRELIMINARY INVESTIGATIONS
4.1 Utility Investigations
4.2 Traffic Studies
4.2.1 Review Traffic Volumes, Studies, and Proj.
4.2.2 Prepare Traffic Report
0.5 0.5
1.9 0.1 0.5 1.0 0.3
18.5 0.5 1.0 1 5.0 1.0 1.0
5. PRELIMINARY ENVIRONMENTAL STUDIES
5.1 ITD Form 654 Preliminary Environmental Evaluation
5.2 ITD Form 654 A Hazardous Wastes
5.3 Contact Local Agencies
6. PRELIMINARY CONCEPT REPORT
6.1 Preparation of Design Standards
6.2 Alternatives Analysis
6.3 Design Exceptions
6.4 Prepare Alternative Cost Estimate
6.5 Prepare Preliminary Concept Report
6.6 ITD Review
6.7 Attend Preliminary Concept Review Meeting
6.8 Revise and resubmit concept
7. PUBLIC PARTICIPATION
7.1 Public Participation Meeting
TOTAL MAN-DAYS SUMMARY
3.7 0.2 3.5
2.7 0.2 2.5
2.5 2.0 0.5
2.2 2.0 0.2
15.0 3.0 9.0 3.0
0.9 0.2 0.5 0.2
3.5 0.5 3.0
5.5 0.5 2.0 1.5 1.5
0.4 0~2 0.2
1.0 0.5 0.5
4.2 0.2 0.5 1.0 2.0 0.5
5.0 0.5 0.5 1.0 2.0 1.0
89.3 5.4 23.0 40.5 11.5 0.0 1.0 7.9
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Ten Mile
MANDAY ESTIMATE
1 & II Earth Tech
1. SALARY COST
A. Summary Estimatated Man-Day Time & Salary Costs
1 Principal 5.4 Man-Days 406.32 @ _ $ 2,194.13
2 Sr. Engineer 23.0 Man-Days 301.34 @ _ $ 6,930.91
3 Engineer 40.5 Man-Days 228.12 @ _ $ 9,238.86
4 Designer 11.5 Man-Days 165.68 @ _ $ 1,905.27
5 Draftsman 0.0 Man-Days 150.56 @ _ $ _
6 Field 1.0 Man-Days 144.00 @ _ $ 144,00
7 Cleripl 7.9 Man-0ays 96.00 @ _ $ 758.40
TOTAL SALARY COST = $ 21,171.57
B. Payroll Burden, Fringe Benefits Cost & Overhead
Payroll8urden $ 21,171.57 X 1.61 = $ 34,086.23
2. NET FEE
Computed at 13.5% of Assigned Engineering Costs
$ 55,257.81 ).135 = $ 7,459.80
3. OUT-0F-POCKET COSTS
Plots (22x34) 6Q @$7.80 $ 468.00
Plots (11x17) 120 Q $1.95 $ 234.00
Printing (400 COPIES @ .12) $ 48.00
Mileage (250 @ $0.345/MI) $ 86.25
Computer usage@2.2609xman-hours $ 1,615.19
Misc. photographs,postage,delivery etc $ 800.00
_ $ 3,251.44
SUMMARY OF COSTS
1 A EMPLOYEE PAYROLL = $ 21 171 57
B PAYROLL BURDEN AND FRINGE BENEFITS
_ $
34,086.23
2 NET FEE - _ $ 7,459.80
3 OUT-0F-POCKET - _ $ 3,251.44
EARTH TECH - TOTAL I & II = $ 65,969.05
III Subconsultant (Terracon-Geo. Tech) _
IV Subconsultant (Power) _
TOTAL PROJECT $ 65,969.05
(File/IET-Costs Page / 2/S/100?
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