HomeMy WebLinkAboutAgreement with Plum Creek Northwest Lumber, Inc. for Domestic Water
AGREEMENT
THIS AGREEMENT made this /4~ay of -.B~6et.. ,20 Ib, by and between the
CITY OF MERIDIAN, a municipal corporation, hereinafter callt:J CITY, aud PLUM CREEK
NORTHWEST LUMBER, INC., hereinafter called PLUM CREEK:
J
WIT N E SSE T H:
WHEREAS, PLUM CREEK owns land inside the corporate limits of the City of Meridian
and will construct a domestic water line to their serve property, as shown on Exhibit "A";
WHEREAS, the CITY has required that PLUM CREEK build said water line to serve their
project;
WHEREAS, PLUM CREEK has acted in good faith to invite CITY representatives to
evaluate their project and meet CITY requirements, and recognizes the need to build this
water line for fire suppression purposes; and
WHEREAS, the CITY recognizes the good faith efforts of PLUM CREEK, and the value of
adequate fire suppression to the CITY;
NOW THEREFORE, in consideration of the foregoing premises, it is agreed:
A. Preparation of Plans. CITY shall pay up to V2 of the costs to prepare plans and
specifications, drawings, instructions, and all contract documents for the construction
and installation of domestic water line, shown on Exhibit "A". The City will receive
invoices within thirty (30) days of the completion of the work. Any disagreement on the
invoices will be discussed promptly between the parties. Neither party waives any
rights, privileges, or claims they may have regarding this work.
D. Construction of Domestic Water Line.
(1) PLUM CREEK shall contract with Star Construction to install and construct the
domestic water line and as shown on Exhibit "A".
(2) Upon completion of construction PLUM CREEK and the CITY shall contract with
Civil Survey Consultants to provide an "as-built" survey of the water line and
provide an easement based upon the as-built survey [or dedication to the CITY by
PLUM CREEK.
(3) CITY shall provide inspection services for the construction of the domestic water
line system described on Exhibit "A".
Page 1 of 2
(4) CITY shall work with Nampa and Meridian Irrigation District to develop a crossing
agreement.
C. PLUM CREEK.and CITY Responsibilitv for Costs.
The CITY and PLUM CREEK will share equally (1/2 of the cost per party) the cost of
each phase of the project equally including payment to:
1. Star Construction (cost estimate is included as Exhibit B)
2. Civil Survey Consultants
3. Nampa and Meridian Irrigation District / Ringert Clark Attorneys
4. Any other fees required to complete project.
D. Waiver of Claims
Plum Creek agrees that by entering into this Agreement they waive any and all claims
of liability against the City in relation to this project and release from liability the City
and all elected or appointed officials, administrators, officers, employees, volunteers,
agents, insurers and any other individuals or entities affiliated with such persons and/or
entities relating to the project. The City's participation in this Agreement is fair and
adequate compensation for a waiver of any real or potential claims and release from
liability that may exist in relation to the City, its elected or appointed officials,
administrators, officers, employees, volunteers, agents, insurers and any other
individuals or entities affiliated with such persons and/or entities. Plum Creek warrants
that the signatory to this Agreement has authority to bind their entity in this waiver and
release.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written.
PLUM CREEK NORTHWEST LUMBER, INC:
Bv: \A.)~ U t'd v\A ~ AlA re-\A.S
~/
Title
CITY OF MERIDI
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Approved by City ~un~/;':'~4,f:J,f J
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Page 2 of 2
Exhibit A
10/31/2005 09:20
2082857947
1=xA/h ,.f' - t3
Star Construction, L.L.C.
P.O. Box 157 Star, ill 83669
(208) 286~9198
Name / Address
Plum Creek Manufacturing LP
240 West Taylor 8l
Meridian, Idaho 8:3642
Description
Mltensls and Subs
cseo, Mtls
K'Y, saw cutting
MM, caru:rete for thruSf: blocks
In'&S, pressure test
1.lchcm, bacteria test
F..S&'~" beddiug sand
RS&G, 3/4" road mix
RS&G, haul off
CCP, concrete blCM;ks
SCl. 24"OD X 20' ,350 steel casing
ACHD, ROW pe:nnit
ACHD, SEe plan and permit
CP, AC repair
ec~;, sweep 11)1:
Star Construction Equipment and Labor
SC, West tie in with li~ tap
SC, ditch crossing with slee~
S(., Bowe(' street tie in. with live tap
~C, install 2 fire hydrant assemblY's
S{, install SO 1f6" flte distribution pipe
SC, ;:<:.!Itall965 If 10" pvc main line
se, mobe-stage- misc. fence and site layout
.-1-......
STAR CONSTRUCTION
PAGE 03
Estimate
Date
Estimate #
10/30/2006 580
J 9y
(U\
4'~
0:0 r/'
{:J
Project
..
aty Rate Total
1 26,830,60 26,830.60
S 135.70 678.50
3 174.64 523.92
4 102.66 410.64
1 31.86 31,86
222,2 10.00644 2.223.43
133.3 11.8826 1,583.95
350 4,13 1,445,50
14 10_14786 142,07
20 50.}5 1,003.00
1 330.40 330.40
I 1,050,20 1,050.20
3,600 3.481 12,531.60
4 103,25 413. 00
6.4 342.50 1,192.00
14 342.50 4,795.00
7 342.50 2,397.50
6 342.50 2,055,00
4 3"12.50 1,370.00
"8.64 34250 13,234.20
8 342.50 1,740.00
Total 577,982,37
,_....
~~ustomo!x Signature