HomeMy WebLinkAboutSecond Addendum to City Utilities Reimbursement Agreement - Costco ACHDSECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT
Meridian Idaho Costco
This SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT
("Second Addendum") is made and entered into this 26th day of November 2019 ("Effective
Date"), by and among the CITY OF MERIDIAN, a municipal corporation of the State of Idaho
("City"); the ADA COUNTY HIGHWAY DISTRICT ("ACHD"), a highway district created
pursuant to the laws of the state of Idaho; and COSTCO WHOLESALE CORPORATION, a
Washington corporation ("Costco").
RECITALS
A. The parties entered into that certain City Utilities Reimbursement Agreement, dated
August 6, 2019, and that First Addendum to City Utilities Reimbursement Agreement, dated
August 27, 2019 (collectively, "Utilities Agreement").
B. City has identified certain additional utility improvements that City desires to be
included within the planned roadway improvements.
C. The parties enter into this Second Addendum to provide additional and revised
terms to the Utilities Agreement.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by each of the parties hereto and the recitals set forth above, which are
hereby acknowledged by the parties as true and correct and incorporated herein, the parties agree
as follows:
The parties agree to add a new Exhibit F to the Utilities Agreement, which is attached to this
Second Addendum as Attachment A.
2. The parties hereby add a new Section 2.3 to the Utilities Agreement as follows:
2.3 Streetlights-. City desires the installation of certain additional streetlights along
Chinden, as described in Exhibit F ("Streetlight Improvements"), be included in the
Chinden Improvements. Upon substantial completion of the Streetlight Improvements,
Costco will invoice City for all costs Costco has incurred for design and installation of the
Streetlight Improvements, including engineering, legal, and project management costs
incurred related to this Second Addendum and the Streetlight Improvements. Within thirty
(3 0) days of receipt of such invoice, City will pay the invoice in full. The current estimated
cost for the Streetlight Improvements is Four Hundred Twenty -Three Thousand Three
Hundred Seventy -Five Dollars ($423,375) ("Estimate"); however, the parties
acknowledge this is only an estimate and Costco's request for reimbursement will reflect
actual costs incurred. Before incurring costs greater than the Estimate, Costco will obtain
the City's written consent. If the City declines to provide such consent within fifteen (15)
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT - Page 1 of 5
Meridian City Council Meeting Agenda November 26, 2019 — Page 324 of 352
days, then Costco may discontinue further work on the Streetlight Improvements and, even
if prior to substantial completion, provide an invoice to City for actual costs incurred not
to exceed the Estimate, which invoice the City will pay in full within (30) days of receipt.
The parties agree to delete and replace in full Section 3.1 to the Utilities Agreement with the
following language:
3.1 Project Costs. The parties acknowledge and agree that all of the utility
improvements described in this Agreement are included within the "approved
transportation improvements" described in the STAR Agreement, with the exception of the
Streetlight Improvements as defined herein. The City agrees to provide, at City expense,
all inspection, field survey, and grade control required for the installation of all City
improvements described in the Utilities Agreement. City represents and warrants to Costco
that City has allocated and appropriated all funds necessary to make each of the
reimbursement payments to Costco contemplated in this Agreement and has complied with
all applicable laws, including all procurement laws.
4. Unless defined herein, all capitalized terms in this Second Addendum shall have the same
meaning as set forth in the Utilities Agreement. Except as expressly modified by this Second
Addendum, all terms and conditions of the Utilities Agreement remain unmodified and in full
force and effect.
[end of text; signatures and Attachment A follow]
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 2 of 5
Meridian City Council Meeting Agenda November 26, 2019 — Page 325 of 352
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the Effective Date.
CITY:
CITY OF MERIDIAN, a municipal corporation of the
State of Idaho
By: -Tamm(cV-,0eerc)
Its: " r
ACHD:
ADA COUNTY HIGHWAY DISTRICT, a highway
district created under the laws of the state of Idaho
By:
Its:
COSTCO:
COSTCO WHOLESALE CORPORATION, a
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the Effective Date.
CITY:
CITY OF MERIDIAN, a municipal corporation of the
State of Idaho
By:
Its:
ACHD:
ADA COUNTY HIGHWAY DISTRICT, a highway
district created under the laws of the state of Idaho
By:
Its:
COSTCO:
COSTCO WHOLESALE CORPORATION,
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 3 of 5
Attachment A
[see attached]
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 4 of 5
Meridian City Council Meeting Agenda November 26, 2019 — Page 327 of 352
Exhibit F
Streetlight Improvements in Chinden
AS SHOWN WITHIN:
US 20 / 26 SH —16 to Linder Road Federal Aid Project NO. A021(858) Key NO. 21585 ADA
County
• Illumination & ITD Plans (Sheets 254 — 263)
Cost description below.
Description Amount Company
Construction $399,543.98 IMC
Design $6,500.40 Kittelson
Legal - NTE $5,400.00 Givens Pursley
Contract Administration 3% $12,331.42 Costco / Paradigm of Idaho
RFC Total $423,375.00
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 5 of 5
Meridian City Council Meeting Agenda November 26, 2019 — Page 328 of 352
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT – Page 1 of 5
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT
Meridian Idaho Costco
This SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT
(“Second Addendum”) is made and entered into this 26th day of November 2019 (“Effective
Date”), by and among the CITY OF MERIDIAN, a municipal corporation of the State of Idaho
(“City”); the ADA COUNTY HIGHWAY DISTRICT (“ACHD”), a highway district created
pursuant to the laws of the state of Idaho; and COSTCO WHOLESALE CORPORATION, a
Washington corporation (“Costco”).
RECITALS
A. The parties entered into that certain City Utilities Reimbursement Agreement, dated
August 6, 2019, and that First Addendum to City Utilities Reimbursement Agreement, dated
August 27, 2019 (collectively, “Utilities Agreement”).
B. City has identified certain additional utility improvements that City desires to be
included within the planned roadway improvements.
C. The parties enter into this Second Addendum to provide additional and revised
terms to the Utilities Agreement.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by each of the parties hereto and the recitals set forth above, which are
hereby acknowledged by the parties as true and correct and incorporated herein, the parties agree
as follows:
1. The parties agree to add a new Exhibit F to the Utilities Agreement, which is attached to this
Second Addendum as Attachment A.
2. The parties hereby add a new Section 2.3 to the Utilities Agreement as follows:
2.3 Streetlights. City desires the installation of certain additional streetlights along
Chinden, as described in Exhibit F (“Streetlight Improvements”), be included in the
Chinden Improvements. Upon substantial completion of the Streetlight Improvements,
Costco will invoice City for all costs Costco has incurred for design and installation of the
Streetlight Improvements, including engineering, legal, and project management costs
incurred related to this Second Addendum and the Streetlight Improvements. Within thirty
(30) days of receipt of such invoice, City will pay the invoice in full. The current estimated
cost for the Streetlight Improvements is Four Hundred Twenty-Three Thousand Three
Hundred Seventy-Five Dollars ($423,375) (“Estimate”); however, the parties
acknowledge this is only an estimate and Costco’s request for reimbursement will reflect
actual costs incurred. Before incurring costs greater than the Estimate, Costco will obtain
the City’s written consent. If the City declines to provide such consent within fifteen (15)
Meridian City Council Meeting Agenda November 26, 2019 – Page 324 of 352
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT – Page 2 of 5
days, then Costco may discontinue further work on the Streetlight Improvements and, even
if prior to substantial completion, provide an invoice to City fo r actual costs incurred not
to exceed the Estimate, which invoice the City will pay in full within (30) days of receipt.
3. The parties agree to delete and replace in full Section 3.1 to the Utilities Agreement with the
following language:
3.1 Project Costs. The parties acknowledge and agree that all of the utility
improvements described in this Agreement are included within the “approved
transportation improvements” described in the STAR Agreement, with the exception of the
Streetlight Improvements as defined herein. The City agrees to provide, at City expense,
all inspection, field survey, and grade control required for the installation of all City
improvements described in the Utilities Agreement. City represents and warrants to Costco
that City has allocated and appropriated all funds necessary to make each of the
reimbursement payments to Costco contemplated in this Agreement and has complied with
all applicable laws, including all procurement laws.
4. Unless defined herein, all capitalized terms in this Second Addendum shall have the same
meaning as set forth in the Utilities Agreement. Except as expressly modified by this Second
Addendum, all terms and conditions of the Utilities Agreement remain unmodified and in full
force and effect.
[end of text; signatures and Attachment A follow]
Meridian City Council Meeting Agenda November 26, 2019 – Page 325 of 352
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the Effective Date.
CITY:
CITY OF MERIDIAN, a municipal corporation of the
State of Idaho
By: Tamm ocera
Its: �-IaU r
ACRD:
ADA COUNTY HIGHWAY DISTRICT, a highway
district created under the laws of the state of Idaho
By:
Its:
COSTCO:
COSTCO WHOLESALE CORPORATION, a
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the Effective Date.
CITY:
CITY OF MERIDIAN, a municipal corporation of the
State of Idaho
By:
Its:
ACHD:
ADA COUNTY HIGHWAY DISTRICT, a highway
district created under the laws of the state of Idaho
By:
Its:
COSTCO:
COSTCO WHOLESALE CORPORATION,
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT — Page 3 of 5
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT – Page 4 of 5
Attachment A
[see attached]
Meridian City Council Meeting Agenda November 26, 2019 – Page 327 of 352
SECOND ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT – Page 5 of 5
Exhibit F
Streetlight Improvements in Chinden
AS SHOWN WITHIN:
US 20 / 26 SH – 16 to Linder Road Federal Aid Project NO. A021(858) Key NO. 21585 ADA
County
Illumination & ITD Plans (Sheets 254 – 263)
Cost description below.
Meridian City Council Meeting Agenda November 26, 2019 – Page 328 of 352