HomeMy WebLinkAboutInteragency Agmt ITD Landscape Maint. I-84 & Ten MileIDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028 (208) 334-8300
Boise, ID 83707-2028 itd.idaho.gov
August 24, 2009
Steve Siddoway
Director, Meridian Parks & Recreation
33 E. Broadway Ave.
Meridian, ID 83642
RE: Interagency Agreement for Landscaping and Maintenance
Key 11932; TEN MILE RD IC LANDSCAPING
Dear Brent,
Attached, for the City's approval, are two (2) copies of the Interagency Agreement for the referenced
project. Please process for signatures and return both copies to me as soon as possible.
Sincerely,
Wade L. Christiansen
Project Manager, District 3
(208) 334-8969
Wade.Christiansen@itd.idaho.eov
Attachment
INTERAGENCY AGREEMENT FOR
LANDSCAPING AND MAINTENANCE
OF THE INTERSTATE-84/TEN MILE ROAD INTERCHANGE
Project No. A011(932)
Key No. 11932
This AGREEMENT ("Agreement") is made and entered into this 3 -day of
by and between the Idaho Transportation Department
(hereinafter, 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 landscape treatments of the Idaho Transportation Department's
Interstate 84 / Ten Mile Rd IC Landscaping Project No. A011(932) to provide scenic
enhancement of a gateway road into the City of Meridian; 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 Idaho Transportation
Department 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 that the State will appropriate sufficient funds, not to
exceed $880,000.00, to design and construct landscaping for the new interchange at the
junction of Interstate 84 and Ten Mile Road, in Meridian, Idaho, near Mile Post 42.00
(hereinafter, "Project Site"). This Agreement is limited to that project, identified as
ITD Project No. A011(932) and specifically shown on Exhibit A, attached hereto and
incorporated herein. If, within two (2) years of signing of this Agreement by the
parties, sufficient funds for this transportation project are not appropriated and a bid
process is not completed with the awarding of construction of Project No. A011(932),
this Agreement shall become null and void and neither party shall have any obligations
to the other under its terms.
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 1
II. Responsibilities of State
2.1 State will design and install landscape features in accordance with the Project
Plans for Project No. A011(932), shown on Exhibit A to this Agreement.
2.2 State agrees that it will provide and install landscape improvements described as
follows: perennials,
a. Four (4) Islands/Approach Triangles improved with shrubs, p
non -mown grasses, rock mulch, sidewalk, stamped colored concrete
border, topsoil, and pressurized irrigation system;
b. Two (2) raised median areas on Ten Mile Road improved with shrubs,
perennials, non -mown grasses, rock mulch, stamped colored concrete
border, topsoil, and pressurized irrigation system;
C. Interchange ramp and Ten Mile Road slopes improved with non -mown
grass;
d. Interchange detention ponds improved with water tolerant shrubs and
water tolerant non -mown grass;
2.3 State agrees to notify City of any future highway construction that would impact
the landscape improvements covered by this Agreement, and to seek mutually -agreeable
solutions to any such construction in order to minimize the destruction or removal of
the landscape improvements covered by this Agreement. If a solution is not found, both
parties understand and agree that State shall be allowed to remove the landscape
improvements at its expense and that City's obligations under this agreement shall
cease. In such event, State agrees to provide sixty (60) days written notice to City prior
to any construction or other actions to remove the landscape improvements.
2.4 State agrees to hold contractors/subcontractors responsible for any and all
damages to the landscape improvements resulting from contracted work at the Project
Site.
2.5 State, or its Contractor, shall assure the establishment of plantings by watering,
cultivating, replacement of plants or mulch, and other work necessary to maintain the
plants in a healthy condition, throughout a plant establishment period of one year.
2.6 State shall maintain the Ten Mile IC bridge structure, including the irrigation
pipe sleeve provided for installation of the pressurized irrigation system though the
structure. State shall also maintain the integrity and functionality of the Interchange
detention ponds located within the I-84 Right -Of -Way.
2.7 State agrees to hold all contractors responsible for warranties provided under
agreements between State and contractors/subcontractors for the benefit of City in its
maintenance obligations under this Agreement. All warranties shall be for a minimum
of a one year period from date of substantial completion.
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 2
III. Responsibilities of City
3.1 The City will review and approve the construction plans and specifications, prior
to the project advertisement for construction.
3.2 Upon completion of construction of Project No. A011(932) and City inspection
and sign -off of the landscape improvements, City will assume responsibility for
maintenance and care of the landscape improvements described above, as follows:
a. Maintain all shrubs, perennials, and grasses in a healthy condition,
replacing any vegetation with same or equivalent plantings as
needed, with responsibility for replacement after completion of the
one year establishment period;
b. Maintain the graded areas to the shape and contours as established
at the Project Site, unless a modified grading plan is approved by
Idaho Transportation Department;
C. Remove trash and other roadside debris from the approach triangles
formed by the on and off ramps at the Project Site;
d. Trim and prune as required to remove dead materials and to
maintain the vegetation in an attractive condition;
e. Operate and maintain the pressurized irrigation system, including
main and distribution pipes, the pressurized irrigation pipe within
the pipe sleeve in the interchange bridge structure, valves,
sprinklers, and control system, with responsibility for replacement
after the Contractor warranty periods are complete;
f. Maintain sprinklers so that they do not wet the roadways.
g. Utilize State -approved highway safety procedures for City
personnel during all times of landscape maintenance completed
within the State retained Right -of -Way;
3.3 City shall be required to perpetually maintain the landscape areas within the
Project Site as shown on Exhibit A, 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.
3.4 Should the City desire additional landscape improvements after completion of
Project No. A011(932), City will comply with State's standard permitting and approval
process for work completed within the I-84 and Ten Mile Interchange Right -Of -Way.
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 3
IV. Indemnity
Should any part of the landscape features 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 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 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 Project No. A011(932) resulting in additional cost to the City to
plant, repair, replace or maintain the aesthetic 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 Assistant District Three Engineer (Operations) at (208)334-8300. The contact
for the City of Meridian shall be the Director of Public Works at (208) 898-5500.
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
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 4
attorneys' fees including fees on appeal, incurred by the prevailing party. The
prevailing party will be that party who was awarded judgment as a result of trial or
arbitration.
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.
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.]
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest:
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APPROVED AS TO FORM.
Date
IDAHO TRANSPORTATION DEPARTMENT
Assistant Chief Engineer (Development)
Recommended by:
District Engineer, District Three
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D puty Att r ey eneral ate
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 6
Exhibit A Index
Sheets
Legend and Project Totals
2 - 6 Landscape Exhibits 1 - 5
I84/TEN ILE INTERCHANGE LANDSCAPING INTERAGENCY AGREEMENT - 7
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