Cooperative Agreement for Improve & Maint of I84 Meridian Rd InterchangeIDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise, ID 83707-2028
(208) 334-8300
itd.idaho.gov
December 10, 2013
City of Meridian
Attn: Caleb Hood
33 E. Broadway Ave, Ste. 102
Meridian, Idaho 83642
Re: Project No. A010(939), Key No. 10939, Meridian IC, Ada Co., Cooperative Agreement for Improvements and
Maintenance of the Interstate 84 Meridian Road Interchange
Dear Caleb:
Enclosed for your records is one fully executed Cooperative Agreement for the above mentioned project. If you have
any questions or need further assistance, please do not hesitate to contact me at 208-334-8964.
Sincerely,
~~~''~
Aaron S. Bauges
Project Manager/Local Roads Coordinator
COOPERATIVE AGREEMENT FOR
IMPROVEMENTS AND MAINTENANCE
OF THE INTERSTATE 84 MERIDIAN ROAD INTERCHANGE
ITD Project No. A010(939)
This AGREEMENT ("Agreement") is made and entered into this 1C1~!~ day of
__~~c~~i'________, 2013, by and between the Idaho Transportation Department
(hereinafter, "State"), 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 improvements associated with the State's Interstate 84
Meridian Interchange (IC), Project No. A010(939), at the junction of Interstate 84 and
Meridian Road, in Meridian, Idaho, near Mile Post 44 (hereinafter, "Project"); 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 State 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 a) that the State will provide sufficient funds to design
and construct improvements included in the Project and specifically detailed in Exhibit
A, State Improvements, attached hereto and incorporated herein and b) that the City
will provide sufficient funds to contract separately for the improvements specifically
detailed in Exhibit A, City Improvements, attached hereto and incorporated herein.
II. Responsibilities of State
2.1 State agrees it will pay for improvements for the Project, listed on Exhibit A, in
accordance with the Project construction plans and specifications.
2.2 State agrees to notify the City of any future highway construction that would
impact the 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 improvements covered by this Agreement. If a solution is not found, both Parties
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 1
understand and agree that the State shall be allowed to alter the improvements at its
expense and that the City's obligations under this Agreement shall cease. In such
event, State agrees to provide sixty (60) days written notice to the City prior to any
construction or other actions to alter the improvements.
2.3 State agrees to hold contractors/subcontractors responsible for any and all
damages to the improvements resulting from contracted work on the Project.
2.4 State shall maintain the Meridian IC bridge structure, including the irrigation
pipe sleeves provided for installation of the pressurized irrigation system though the
structure.
2.5 State will coordinate with the City to install railing art as part of the Project, as
long as the art meets the specifications provided by the State and attached hereto as
Exhibit C, including coordination of traffic control as necessary.
2.6 State agrees to allow the City to install landscaping in Areas A and B as shown
on Exhibit B, prior to substantial completion of the Project, including coordination of
traffic control with the State's contractors/subcontractors as available.
2.7 State will coordinate with the City on future installations of MSE wall panel art
as long as the art meets the specifications provided by the State and attached hereto
as Exhibit C, including issuance of a permit and coordination of traffic control as
necessary. State will allow installation of rods/bolts for abutment art that meets the
specifications in Exhibit C.
III. Responsibilities of City
3.1 The City will have an opportunity to review and provide comment on the Project
construction plans and specifications, prior to approval of the Project plans by the
State.
3.2 Before the Project is advertised for construction, the City shall certify in writing
to the State that the right-of-way easements needed for the sidewalk extension east of
Meridian Road north to the Waltman/Commercial and Meridian Road intersection and
the new water line easement from Progress Avenue to the I-84 westbound off-ramp
have been acquired.
3.3 After the State and City's acceptance of the improvements in Areas A and B as
shown in Exhibit B, City shall install the improvements listed in Exhibit A.
3.4 Upon completion of construction of the Project, City will assume responsibility
for maintenance and care of the improvements in all irrigated areas shown on Exhibit
B including:
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 2
a. Remove trash, snow/ice and other roadside debris from sidewalk
areas adjacent to Meridian Road. in Project area
b. Trim, prune, water and otherwise maintain the landscaping
features and plantings in an attractive condition
c. Operate and maintain the pressurized irrigation system, including
main and distribution pipes, valves, sprinklers, and control system,
after the Contractor warranty periods are complete
d. Maintain sprinklers so that they do not wet the roadways
3.5 City shall assure establishment of plantings by watering, cultivating,
replacement of plants and mulch in Area A installed by the City as listed in Exhibit A,
including other work necessary to maintain the plants in a healthy condition.
3.6 If City neglects to install landscaping materials in Area A shown in Exhibit B
within one year from completion of the Project, City shall reimburse the State to offset
State's cost of installation of Agreement items and subsequent paving of ramp islands,
as justified in the cost breakdown provided in Exhibit D.
3.7 As part of the Project, City may proceed with installation of railing art, insofar
as said art meets the specifications provided by the State and attached hereto as
Exhibit C, and assume responsibility for maintenance and care of the railing art.
3.8 As part of future action(s), City may elect to pursue and assume responsibility
for maintenance and care of additional enhancements described in Exhibit C and
located in Area B as shown on Exhibit B, including:
a. Additional landscaping features
b. MSE wall panel art
3.9 If the City installs any improvements in Exhibit B, Area Band/or as described in
Exhibit C, City 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 and art features in an attractive condition.
3.10 City shall perpetually maintain the areas within the Project site as shown on
Exhibit B, 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.
3.11 Should the City desire additional enhancements after completion of the Project,
City will comply with the State's standard permitting and approval process for work
within the I-84 and Meridian Interchange right-of-way.
3.12 City shall utilize State-approved highway safety procedures for City personnel
during all times maintenance is underway within the State retained right-of-way.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 3
IV. Indemnity
Should any part of the improvements 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 the 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 the
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 the Project resulting in additional cost to the City to
plant, repair, replace or maintain the 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 District Three Engineer Manager at (208)334-8300. The contact for the City of
Meridian shall be the Director of Parks at (208) 888-3579.
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
attorneys' fees. The prevailing Party will be that Party who was awarded judgment as a
result of trial or arbitration.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 4
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.]
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first above written.
CITY OF MERIDIAN IDAHO TRANSPORTATION DEPARTMENT
Mayor, C' y f Meridian
Attest:
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IpHHO 1
Clty
Approved As To Form:
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Deputy Attorney General
Idaho Transportation Department
District Engineer, District Three
Recommended by:
GARVEE Program Manager
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 6
EXHIBIT A
State Commitments:
1. Design for Area A and Area B as shown on Exhibit B
a. Irrigation design
b. Planting plan
c. Provisions for future well connection to irrigation system
2. Improvements of Area A (Ramp islands only) as shown on Exhibit B
a. Topsoil
b. Crushed aggregate mulch
c. Pressurized irrigation delivery
d. Surface distribution system
e. Mow strip and concrete adjacent to Meridian Road for
maintenance access/parking
3. Improvements of Area B as shown on Exhibit B
a. Pressurized irrigation delivery
b. Surface distribution system
4. Extend 7-foot sidewalk on east side of Meridian Road to Waltman/Commercial/
Meridian intersection
5. Formliners
a. MSE wall panels
b. Center pier
c. Outer parapet
d. Inner parapet
6. Color treatment of concrete (stain/dye)
a. MSE wall panels
b. Center pier
c. Outer parapet
d. Inner parapet
7. SPUI raised island concrete pattern
City Commitments:
1. Landscape materials for Area A as shown on Exhibit B
Plant Qty Unit Size
Ivory Halo' Dogwood 75 EA 5 gal
Common Beech 22 EA 4"
Hidcote Lavender 399 EA 2 gal
Hameln Fountain Grass 2,122 EA 1 gal
Red Head Fountain Grass 342 EA 1 gal
Russian Sage 175 EA 5 gal
Serbian Spruce 5 EA 14'
Colorado Spruce 14 EA 14'
Goldstrum Black-eyed Susan 1,354 EA 1 gal
Neon Flas Japanese Spiraea 577 EA 2 gal
Common Yucca
Rock mulch (per plan) 425
1 EA
LS 5 gal
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 7
EXHIBIT B
Legend:
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I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 8
EXHIBIT C
POTENTIAL FUTURE ENHANCEMENTS BY CITY
Landscaping Area B as shown on Exhibit B:
1. Planting vegetation including trees, shrubs, etc.
2. Boulder fields near retaining walls.
MSE Wall Panel Art Specifications:
1. Art work should be no larger than 12 feet in height and 25 feet in width.
2. Material should be steel - with a thickness of 1/4" to 3/8" with a maximum
weight of any one piece up to 5000 pounds.
3. Artwork connected to the panels require a minimum of 4 supports (3/4" bolts or
rods) which should be installed by drilling and epoxying following construction
and settlement of the wall panels. The support locations should be specified
once art work size is determined and supports installed with the artwork, not
with the overall project.
Railing Art Specifications:
1. Art piece(s) may have 50% coverage of railing panels.
2. Art piece(s) must not weigh more than 50 lbs. per linear foot.
3. Art piece(s) must adhere to railing with no more than a 6" off-set from railing
panel.
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 9
EXHIBIT D
EQUIVALENT COST OF IMPROVEMENTS
Irrigation
Mainline 8000 LF $6.00 r $48,000.00
Total = $634,662.50
I-84 MERIDIAN ROAD INTERCHANGE COOPERATIVE AGREEMENT - 10