Mou/Moa - 2019 - Cost Share For Construction Of N Palmetto Dr Extension - 12/19/2019 MEMORANDUM OF AGREEMENT
FOR COST SHARING WITH THE CITY OF EAGLE FOR CONSTRUCTION OF
NORTH PALMETTO DRIVE: EXTENSION
This MEMORANDUM OF AGREEMENT FOR COOPERATION AND COST
SHARING ("Agreement") is made this_19 day of December, 2019 ("Effective Date"), by and
between the City of Eagle, a municipal corporation organized under the laws of the State of
Idaho ("City"), and the Eagle Urban Renewal District, an urban renewal agency organized under
the laws of the State of Idaho ("EURA").
WHEREAS,EURA and the City previously cooperated regarding the funding of the design
work for the N. Palmetto Drive extension;
WHEREAS,the EURA and the City desire to cooperate and work together regarding the
construction of N. Palmetto Drive extension(See Attached Exhibit B for general depiction of the
road extension);
WHEREAS,EURA and the City would both benefit from the construction of N. Palmetto
Dr. extension between State Highway 44 and E. Plaza Dr. due to better connectivity transportation
and enhanced public safety via lower response times;
WHEREAS,the City will pay for the costs of construction within the ITD right of way
and the EURA desires to share the cost of the construction of the remainder of the road such that
the total cost is shared equally;
WHEREAS,the total estimated cost of the construction of the portion of the N. Palmetto
Drive extension located in the ITD right of way is $474,227 and the total estimated cost of the
construction for the remainder of N. Palmetto Drive is $510,370 for total estimated cost of
$984,597 (See Attached Exhibit B).
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained,the Parties agree as follows:
I. CITY'S RESPONSIBILITIES.
A. Procurement and Contract Management. The City will be responsible for bidding and
completing the construction work. City will prepare the necessary bid package and
corresponding documents(incorporating the design documents from RiveRidge
Engineering)needed to request bids for the construction of N. Palmetto Drive extension
between State Highway 44 and E. Plaza Drive. The City is responsible to complete the
necessary steps to complete the procurement process for said construction. The City will
enter into the contract with the selected bidder, if any. City will be responsible for the
management and oversight of the contractor and the successful final completion of any
contract. The City will allow the EURA to review the received bids and provide input
MEMORANDUM OF AGREEMENT FOR COST SHARING N.PALMETTO DRIVE EXTENSION PAGE 1 OF 7
into the selection process prior to the final selection being made, if any. The City will
make the final decision on which person or entity receives the contract for construction.
Upon final completion of the construction of the N. Palmetto Drive extension the City
will submit a request for reimbursement to the EURA for its share of the actual
construction costs in an amount not to exceed four hundred ninety two thousand two
hundred ninety eight dollars ($492,298.00). The City will only request reimbursement
for those costs of construction associated with the portion of the road located outside the
ITD right of way and inside the EURA district. The request for reimbursement will
include all documentation showing that construction costs are associated with the portion
of the road located within the EURA district and that N. Palmetto Drive is approved as
being finally complete and accepted by ACHD and other applicable agencies. City will
share any contract documents, designs, renderings, reports, requests, communications,
change orders and other information with the EURA Executive Director as they are
provided to the City.
II. EURA's RESPONSIBILITIES.
A. Reimbursement Payment. Within forty-five (45) days of receipt of the City's request
for reimbursement including the necessary supporting documentation, EURA shall
provide payment to City in the amount noted on the invoice which shall not the exceed
four hundred ninety two thousand two hundred ninety eight dollars($492,298.00).
B. Appropriation. Notwithstanding anything in this Agreement to the contrary, EURA's
obligations under this Agreement to provide payment to City as described herein shall be
subject to and dependent upon appropriations being made by the EURA Board for such
purpose.
C. LAND. The EURA consents to the construction over and on the real property owned by
EURA as needed for the construction of the N. Palmetto Drive extension. The Parties
agree that EURA will donate and dedicate those portions of its property needed for the
right of way for the N. Palmetto Drive extension to the Ada County Highway District
("ACHD") at the appropriate time so the road can be a dedicated public road under the
jurisdiction of ACHD.
III.GErwiL TERMS.
A. Term. This Agreement begins immediately upon execution and shall remain in effect
through December 30, 2021 or until the construction work for the N. Palmetto Drive
extension is completed and the EURA pays its share of the costs as described herein,
whichever occurs first. The Parties agree that the term of this agreement may be
mutually extended if the parties agree it is necessary to complete the construction work.
B. Notice. Notice required to be provided by either of the parties under this Agreement
shall be in writing and be deemed communicated when mailed by United States Mail,
addressed as follows:
City of Eagle: EURA:
MEMORANDUM OF AGREEMENT FOR COST SHARING N.PALMETTO DRIVE EXTENSION PAGE 2 OF 7
Bill Vaughan Todd Lakey
Zoning Administrator EURA General Counsel
P.O. Box 1520 141 E. Carlton Ave.
Eagle, ID 83616 Meridian, ID 83642
Either party may change its address for the purpose of this paragraph by giving formal
notice of such change to the other in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements, understandings, negotiations, representations,and
discussions, whether verbal or written, of the parties pertaining to that subject matter.
The recitals first noted above are incorporated into this agreement as if set forth fully
herein. The Agreement may only be modified or amended by mutual written agreement
of the Parties hereto. The Parties acknowledge that the bids may come in higher than the
estimated cost. If that is the case the Parties agree to review the bids and negotiate in
good faith regarding a potential amendment to this Agreement.
D. Termination. Either party may terminate this Agreement without cause and for any or
no reason prior to the selection of the Contractor who will complete the construction
work described herein by providing thirty (30)days written notice to the other Party.
Following selection of the contractor to perform the work then this Agreement may only
be terminated by the Parties for default or violation of the terms and conditions contained
in this Agreement. Prior to terminating this Agreement for default,the non-defaulting
Party shall provide the defaulting Party thirty days notice of its intent to terminate the
Agreement. If the defaulting Party cures the default with those thirty days then the
Agreement will not be terminated for said default.
E. Hold harmless. For purposes of or in furtherance of this Agreement and to the extent
permitted by law, each party and each of its employees, agents, contractors, officials,
officers, servants, guests, and/or invitees, shall save and hold harmless the other party
from and for any and all losses, claims, actions,judgments for damages, or injury to
persons or property and losses and expenses caused or incurred by either party or any
employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof.
F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such
holding will not affect the validity or enforceability of any other part of this Agreement
so long as the remainder of the Agreement is reasonably capable of completion. The
invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions, and this Agreement shall be construed in all respects as if any
invalid or unenforceable provision were omitted.
G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and
jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada
County, State of Idaho.
MEMORANDUM OF AGREEMENT FOR COST SHARING N.PALMETTO DRIVE EXTENSION PAGE 3 OF 7
H. Contingency. The Agreement is contingent upon the City obtaining the timely consent
and dedication of the necessary land from private landowners to ACHD and/or the City to
complete the construction described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
19 day of December 2019.
EAGLE URBAN RENEWAL AGENCY:
Att t:
AL .4
By: Jana Busche Chairman obin Collins
y ��
Executive Director/Secretary
CITY OF EAGLE:
Attest:
te,,)_: Lev
Stan Ridgeway, Ma or - ` - Sharon Bergmann, CityClerk
y g �
MEMORANDUM OF AGREEMENT FOR COST SHARING N.PALMETTO DRIVE EXTENSION PAGE 4 OF 7
Exhibit A
p\
-,---_:--- ---_------------- EXHIBIT
E. PLAZA DRIVE
.
3:01=-_____ . I I -r- ....--.7,4-------
.,,r1r
I 1.4%le 1
i 4, i i., ,
I I
1 f P I
I 1 11 #; I
t
k 1 1 ,, I
1 \ \ '. I
'''', ,...24,4c1Ir----.7-...„,..,,..... ....__..;
, \\ \ ...._ • i ,s, , .. Ift' ",
...c; \\\ **
.t'o.*`.\\\, '''., 1
0 , \\ , I
d'-`-‘..0.,,,,
S .
r tl
,'�r
,r
r
} P
1.."__)Li 1
r iP
—
Vii; a..�
� sr.s
w rw—
ti_
t
,„ ' 7 t s,
___,--ci ' ''-ji
a„ I
10r SIDEWALK I /'"4%, , 100
ammo
DATE PREPARED:1214118
MEMORANDUM OF AGREEMENT FOR COST SHARING N. PALMETTO DRIVE EXTENSION PAGE 5 OF 7
Exhibit B
EAGLE URBAN RENEWAL AGENCY
OPINION OF PROBABLE CONSTRUCTION COSTS
PALMETTO DRIVE
No, Description Quantity Unit Unit Cost Extended Cost
General
1 Mobilization 1 LS $13.000.00 $13.000.0001
2 SWPPP 1 LS 510.000.00 S10.000. 0
3 Quality Control 1 LS $3.500.00 53.500.00
4 Traffic Control 1 LS $17,000.00 $17,000.00
5 Permits 1 LS $4,100.00 54.100.00
Earthwork&Paving
6 Clearing and Grubbing 52,000 SF $0.30 $15.600.00
Topsoil snip and stockpile 2,000 CY $5.00 $10,000.00
7 Excavation 2,500 CY $10.00 $25,000.00
8 Embankment 2,500 CY $15.00 $37,500.00
9 Final subgrade preparation 22,000 SF $0.16 $3,520.00
10 6"Minus Pit Run 420 CY $24.50 $10,290.00
11 %"Minus Road Base 420 CY' $40.00 $16,800.00
12 Asphalt paving 690 TON $105.00 $72,450.00
13 Grading and final cleanup 1 LS $11,000.00 $11,000.00
Concrete
14 Standard 6"Curb and Gutter 1.230 LF $35.00 $43,050.00
15 Raised Median Curb 150 LF $35.00 $5,250.00
16 10'Wide Concrete Sidewalk(Palmetto) 600 LF $30.00 518.000.00
17 5'Wide Concrete Sidewalk(Plaza Drive) 130 LF $18.00 52.340.00
18 Valley Gutter 160 LF $30.00 54.800.00
19 Concrete Pedestrian Ramp.Type A(Double) 1 EA $2,000.00 52.000.00
20 Concrete Pedestrian Ramp.Type B(-Sinee)
2 FA $1,200.00 $2.400.00
Storm Drain
21 12"Storm Drain Pipe 50 LF $40.00 $2,000.00
22 Inlet Catch Basin we Grate 2- EA $1,500.00 $3,000.00
23 1000 gal.Sand&Grease Trap 1 EA $6,000.00 56.000.00
24 Seepage Bed 1 LS 550.400.00 $50,400.00
Gravity litigation
25 18"storm drain 80 LE. $50.00 $4,000.00
26 24"Storm drain 25 LI $70.00 $1,750.00
27 Storm drain manhok 1 LF U.000.00 54.000.00
28 6diversion box 2- EA $15.000.00 $30,000.00
29 Existing component demolition 1 LS $5,000.00 55.000.00
Miscellaneous
30 Pressure Irrigation System relocation-RMBP 1 LS $10,000.00 510.000.00
31 $0.00
Base Cost of Construction $443.800.00
Contingency(104't 1 LS 544.380.00 $43,380.00
Construction Management(5%) 1 LS 522.190.00 $22.190.00
Total Project Cost $510,370.00.
Landscaping,pressure irrigation and street light improvements are excluded.
MEMORANDUM OF AGREEMENT FOR COST SHARING N.PALMETTO DRIVE EXTENSION PAGE 6 OF 7
EAGLE URBAN RENEWAL AGENCY
OPINION OF PROBABLE CONSTRUCTION COSTS
Ill)RIGHT-OF-WAY
No. Description Quantity Unit Unit Cost Extended Cost
General
1 Mobilization 1 LS 57,000.00 $7.000.00
2 SWPPP 1 LS $18,000.00 518,000.00
3 Quahtv Control 1 LS $5,000.00 $5,000.00
4 Traffic Control 1 LS $17,500.00 $17,500.00
5 Permits 1 LS $1,000.00 $1,000.00
6 Removal of Asphalt 4.000 SF $2.00 $8,000.00
Earthwork&Paving
7 (learing and Grubbing 52,000, SF $0.30 $15,600.00
8 Excavation 2,350 CV $15.00 535,250.00
9 Offsite-disposal of excess material 1,600 CV $9.00 514,400.00
10 Embankment 750. CV $10.00 $7,500.00
11 Final subgrade preparation 29,700 SF $0.16 54,752.00
12 Geotextile 29.700 SF $0.15 $4.455.00
13 6"Mims Pit Rua 2,100 CV $24.50. $51,450.00
14 V Minus Road Base 7115 CV $31.50 $22,522.50
15 Asphalt paving 1,090 TON $145.00 $158,050.00
16 Grading and final cleanup 1 LS $2,500.00, $2,500.00
Concrete
17 Standard 6"Curb and Gutter 89 LF $35.00. $3,115.00.
18 Mountable Curb 154. LF $35.00 $5,390.00
Miscellaneous
19 Striping&Signage 1 LS $7.500.00 57,500.00
20 18"PVC sleeve J..
.." LF $56.00 $1,232.00
21 Topsoilplacement 633 CV $35.00 $22,155.00
Base Cost of Construction $412,371.50
C ontinge ncy(10%) 1 LS $41,237.15 541.237.15.
Construction Management(5%) 1 LS $20,618.58 520,618.58
Total Project Cost 5474,227.23
Landscaping improvements are excluded.
MEMORANDUM OF AGREEMENT FOR COST SHARING N. PALMETTO DRIVE EXTENSION PAGE 7 OF 7