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Interagency Agmt ITD Landscape MaintIDAHO 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: ii ty k SEAL '9 9 Nboma CIO �/ll�erre eine\\\\ APPROVED AS TO FORM. Date IDAHO TRANSPORTATION DEPARTMENT Assistant Chief Engineer (Development) Recommended by: District Engineer, District Three i 0 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 . , z � U 7 «u& \q -< CN W z $ §�§z UJ �7G» R _ I x � Z � n Q 0-) U D O � Z O � U �_ � / F---4 F— U —D Z u n W A k _ � k � W ¥ � ■ < 7 ! 7 i ! co§ L \ § i § «9 $ f ) § ! ! © « ! « �� 7 «§2k«: ) �§«$« -26,-8 b!!��§ B.nix - k � - d■'7-2 §]$2 - )$ C4,j;222| @�; K 4 , fiFl•- � � \ f ` 2;W,!!�§« k § G / !�6=_.! � @ K` ■°2`a�§!� 0 a K ! e k�el�-< � 7-7 � ;!§ §§%��)f§7§\§) \ %)§ \ 2 } | $|� q / a2„ss=ex■d�$ / ` o Z �Q n N U In ZOZ Z lIGIHx3 33S 3NIl HD1VW J U II ~ T r I, •t ,1„ 1 I I II / X W< J C14 Lu z W ~ O ~ �` t•, `'.`' it II / N lJ Z ILI OZ O } I I I! it I I 1'� 1^ i 1 °• � I I { II I ' z Z I I O O m m P N I : w a m ao :[' i I I 1 CL 1 IY _.__.__.__.__.__.__._._.__I +F F I ..................................................... fj II I 1: Illi I I I J II ' i 1 II I I I I III'" I I I I I f iIjI' J I I I I f t I .� I .• I I l; 1 j I t j •: I t j I I I I I I I I I I I I II: I I I I1 I I I � I I I 11: I Ili I j j I, I Il: I II 1 � I j I I J II if U Q 1 � I; it I 11 I I II 4 - I I li I i If I li 7 I Ii I '— — — — — —-——-- I il8lHX3 -——-- 11181HX3 33S 3NIl HD1VW lI ill 1 .1 1 11 1 1 1 1 1 U 1 m CL I � I I 1 1 I I I I I 11 1 � /ft-a� V\16, sm, 0 qZ Q U N D Q J N V N 00 m w w -j Q M LLJ Z CD Q Z N ~ W Z Z O � Q' W J d Y £ 1181HX3 33S 31411 HD1VW I I j I I 1 i it II d 1 II !I !i It It Z Z i II I I I U D 0 a 0 m I 1 m I a W II I I a 00 II � it 11 i I I !I I{ I I I I I I I I 1 I r I II I I I I t ,� i II y 'I �I x w WuiI (A I ZI JI ti U Q 1 � I; it I 11 I I II 4 - I I li I i If I li 7 I Ii I '— — — — — —-——-- I il8lHX3 -——-- 11181HX3 33S 3NIl HD1VW lI ill 1 .1 1 11 1 1 1 1 1 U 1 m CL I � I I 1 1 I I I I I 11 1 � /ft-a� V\16, sm, 0 qZ Q U N D Q J N V N 00 m w w -j Q M LLJ Z CD Q Z N ~ W Z Z O � Q' W J d Y • . - ca z s g ' R0 x U 0� Q J MUN I Ijrn IE' i LAJ I jll ;i i O 0)i W Z I Ii' I I I �_� I I :I 'I U F U D In W Z :j 0 I d Y i I 1 it IE I .II I: J I:I 1 I I I' I `•! h I I I I I jl I I J I 3 I o 1 l J z oJ ' J i o m co W aW I t l I 1 1 ! 1 I I ` I i iU I I I I t U 1 m I � I Ii I j I -------------- ----------_--_---£ ----------- 21181HX3 33S 3NIl HOWA S 1181HX3 33S 3NIl W388 O b _ 2 N J SUN � M Q J W Z I•-'-'--•-'-•- Z /• • �/ I IL IW ~ .•. \ V ~ W Z ......... 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