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Project Agreement with Meridian Development Corp MDC for Main Street Islands and Historic Lighting ImprovementPROJECT AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR MAIN STREET IMPROVEMENTS: ISLANDS AND HISTORIC LIGHTING This PROJECT AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR MAIN STREET IMPROVEMENTS: ISLANDS AND HISTORIC LIGHTING ("Project Agreement"), is made and entered into this 16th day of December, 2014 by and between the Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho (hereinafter "MDC"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS, City and MDC have developed a relationship of cooperation and partnership and are mutually interested in enhancing the Meridian community's quality of life, supporting downtown businesses, and stimulating economic development in the urban renewal area by installing two mid -block traffic -calming islands and historic street lighting on Main Street in downtown Meridian ("Project"); WHEREAS, pursuant to the Master Improvement Agreement Between Meridian Development Corporation and City of Meridian entered into by the Parties on October 7, 2014 ("Master Agreement"), MDC and the City established the process for each party's initiation of projects and consideration of requests, as well as general conditions for City's acceptance of completed projects affecting City's property, operations, and maintenance; WHEREAS, the Parties have completed the Concept Phase of the Project, and their respective governing boards have agreed that it is generally feasible as proposed; WHEREAS, by this Project Agreement, MDC and the City intend to establish, inter alia, the Parties' respective roles and responsibilities regarding design, construction, installation, funding, maintenance, and ownership of the Project; and terms, conditions, and timeline of design, construction, installation, funding, maintenance, and ownership of the Project; NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the parties mutually agree as follows: I. Incorporation of Master Agreement. The intent and effect of this Project Agreement is to fulfill section III.B. of the Master Improvement Agreement and provide more specific terms as to this specific Project. Except as expressly set forth herein, this Project Agreement does not otherwise modify or alter any term or condition of the Master Improvement Agreement in any way. The Master Improvement Agreement remains in full effect, and all terms and conditions thereof are incorporated in this Project Agreement as though fully set forth herein. If there is a conflict between the terms of the Master Improvement Agreement and this Project Agreement, the terms of this Project Agreement shall control. II. Contacts. The following persons shall serve as the primary contact persons for MDC and City, respectively, for all day-to-day matters regarding consultation at the Concept, Design, Construction, and Close-out phases of all activity related to the Project, including, but not limited to, installing, constructing, or seeking bids, proposals, or grants for any capital improvement, fixture, facility, sign, artwork, landscaping, or vegetation. MAIN STREET IMPROVEMENT PROJECT AGREEMENT BETWEEN MDC AND CITY PAGE I MDC Contact: City Contact: Ashley Squyres Caleb Hood meridiandevelopmentcorp@gmail.com chood@meridiancity.org 208-477-1632 208-884-5533 ULDescription; location. The components of the Project include: A. Two traffic -calming islands on Main Street, one between E. Broadway Avenue and E. Idaho Avenue, and one between E. Idaho Avenue and E. Pine Avenue. Each island will include vertical curbing, yellow striping on the roadway, conduit, irrigation system, banner poles, landscaping, concrete pads for flower pots, and flower pots. B. Historic street lighting along both sides of Main Street, between the railroad tracks and E. Pine Avenue. IV. Process. In addition to conditions enumerated in the Master Agreement and elsewhere herein, the following conditions and order of process shall apply to the construction of the Main Street Islands and their components: A. Design phase: 1. MDC Contact will provide to City Contact preliminary plans for all components of the Project. 2. City Contact will communicate staff comments by email to MDC Contact. 3. City Contact will notify MDC Contact of utility and irrigation needs for landscaping, and other utility construction or reconstruction needs related to the installation of the Project. 4. MDC Contact will provide draft final plans for all components of the Project to City Contact. 5. City Contact will communicate staff comments and approval (or decline approval), by email, to MDC Contact. B. Construction phase: 1. Prior to releasing construction bid documents, MDC shall provide bid documents to City Contact. 2. MDC will be responsible for issuing requests for bids, collecting and reviewing bids and the evaluation and selection of the successful contractor(s) to perform the work on the Project. 3. Prior to initiating construction of landscaping, irrigation system, banner poles, pads, and all appurtenances thereto, MDC shall acquire the Park Superintendent's initials on the plans approved for construction. 4. Prior to initiating construction of streetlights and all appurtenances thereto, MDC shall acquire City of Meridian Public Works Department's stamp on the plans approved for construction, and shall obtain a street light inspection permit through the City Community Development Department/Building and Development Services Division. 5. Any material changes in the approved design (i.e. change orders) must be approved by City Contact in writing prior to construction. 6. MDC shall require that its Project contractor install all curbing, striping, and signage pursuant to Ada County Highway District ("ACHD") standards and requirements. All curbing, striping, and signage shall be installed at MDC's sole expense. MAIN STREET IMPROVEMENT PROJECT AGREEMENT BETWEEN MDC AND CITY PAGE 2 7. MDC shall require that its Project contractor install all conduit and irrigation infrastructure pursuant to: the requirements of the Meridian Parks and Recreation Department; any and all applicable provisions of the current version of the Idaho Standards for Public Works Construction ("ISPWC"); the City of Meridian Supplemental Specifications to the ISPWC, and any addenda thereto; and ACHD standards and requirements. All conduit and irrigation infrastructure shall be installed at MDC's sole expense. 8. MDC shall require that its Project contractor install historic street lights and appurtenances per section 1100 of the ISPWC as amended by the 2013 City of Meridian Supplemental Specifications to the ISPWC. 9. MDC shall require that its Project contractor install all banner poles pursuant to the requirements of the Meridian Parks and Recreation Department. All banner poles shall be installed at MDC's sole expense. 10. MDC shall require that its Project contractor install all landscaping pursuant to the requirements of the Meridian Parks and Recreation Department. All landscaping shall be installed at MDC's sole expense. 11. MDC shall require that its Project contractor install the concrete pads for the flower pots pursuant to the requirements of the Meridian Parks and Recreation Department. All concrete pads shall be installed at MDC's sole expense. 12. MDC shall purchase flower pots to be installed by City. C. Close-out phase: 1. MDC will provide to City Contact copies of full releases and waivers of lien or proof of bonding from any and all subcontractors and/or major suppliers. 2. City will adopt a resolution indicating acceptance of ownership and on-going responsibility for the Main Street Improvements as constructed and installed. City will provide MDC with a copy of said resolution. V. Funding. Except as otherwise enumerated herein, design and construction. of the Project shall be funded by MDC. VI. Ownership; maintenance. Provided that all conditions of this Project Agreement and the Master Agreement are met, following completion of the Close-out Phase, MDC shall transfer ownership of the Main Street Improvements to City for all purposes, including responsibility for maintenance. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ME I;7ELOPMENT CORPORATION: Jim Esc bar, Charmanave Winder, §ecretai CITY OF MERIDIAN:Ate t: \ / 1 t Ci of Tammy de rd, Mayor.F 5 -Ja�yc t Miman, City Clerk c.QL . °!the TRf MAIN STREET IMPROVEMENT PROJECT AGREEMENT BETWEEN MDC AND CITY PAGE 3