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Home My WebLink AboutReimbursement Agreement with Shepherd's Creek, Inc. for Shepherd's Creek Subdivision ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/06/07 10:33 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 9 1111111111111111111I11111111111111111 107095992 AGREEMENT TillS AGREEMENT made this J<:L day of ~>J\ ~ . ,2c61 , by and between the CITY OF MERIDIAN, a municipal corpora' n, hereinafter called CITY, and Shepherd's Creek Inc., hereinafter called DEVELOPER: WIT N E SSE T H: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and has constructed a sanitary sewer system to their serve their projects as shown on Exhibit "A" and has requested reimbursement for certain portions of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system, shown on Exhibit "A", including rights-of -way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Construction of Sanitary Sewer Trunk Lines. (1) DEVELOPER will install and constructed the sanitary sewer system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided. (2) DEVELOPER will provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of the sanitary sewer system described on Exhibit "A". (3) DEVELOPER will provide all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (3) CITY will provide inspection services for the construction ofthe sanitary sewer system described on Exhibit "A". C. Letting Bids. DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct additional sanitary sewer improvements, as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the cost ofthose sanitary sewer improvements will be shared as contained in Exhibit "B," It shall be the responsibility ofthe DEVELOPER to provide 100% of the financing of the project with reimbursement from the CITY in accordance with Section E ofthis agreement "Reimbursement to DEVELOPER." E. REIMBURSEMENT to DEVELOPER. Because the DEVELOPER will construct the sanitary sewer system as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER that portion of the cost attributable to other development, which is $34.830 . F. Term of Agreement. Payment shall be made to the developer after satisfactory completion of the construction ofthe sewer improvements. G. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER has or will: Submit to inspection by either the Public Warks Department or the Building Department of CITY whenever a building is to be connected to the sanitary sewer system constructed and installed on and within its property. H. Cost of Sanitary Sewer Line on DEVELOPER'S Property. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the sanitary sewer system upon and within DEVELOPER'S property, shall be at DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share ofthe sanitary sewer system on Exhibit "A". I. Compliance with Laws. (1) In constructing and installing the sanitary sewer system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or permits which may be required for the performance of this Agreement. (2) Upon connection to the sanitary sewer system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to sanitary sewer systems. J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY 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 DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. K. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. L. Deftnition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. and more speciftcally as all lots within Shepherd Creek Subdivision. M. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year fIrst above written. DEVELOPER: f urd (VlfJ-S 7~c,l Name (printed) , ~CU'7a4(n1 /?1t-#1~ Ide t? -~ 7 -07 Date Secretary, STATE OF IDAHO ) ) ss County of Ada ) On this ;2.1 ~ay of ,~, before me the undersigned, a Notary Public in and for said St personally appeared7:ro~ M,fffb-Y . and ,kno or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand official seal the day and year first ab~"..~.. .."" ~'O D. Sc "'" ,:.....~ 0 .........~~ ....-:, iA./ _...()\ i "t'i +01 AR t' \ S Notary u c or IPfth~ .. ~. .- !*.. Residing at: ~ I : : ~ ,- : , ': ~. .. "'. .. Commission Expires: ~ - 1:3 ~ ~ \. PUB\.~ .Ie i ~.... -.. ..- ~ ,:. -..J>. ..,.,." .. ~ ...... ~\' ~ """ -irE 0 11 ~ ........ (SEAL) "'""..........',. STATE OF IDAHO ) ) ss County of Ada ) On this [is.fl1 day of ;ILL 1'lJ?J , '2.00 1 ,before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that the City of Meridian executed the same. \\\\\,~II':'d ~~.;l d' ,,-,,-\\ ne IV ~.' f. 'ii, /' Uh-/;t!( ..." ~:.....)'i , '\""-L'~.,T:.I .>.. ~ _ ....:,"'(j<' '::'~;::-,~"""....,~:' ,>,.":~AYOR ..... c 'I, ~\ C ~ ~.t' ~.~ ... f~ ~ - ( ~ ~.. .. ~':~y \) :ks : - ~- .---. ,.~. -" }) ~ cttu" . ,:;~.' J ,;"'0 "'f 1';".\ '... '.' .-;....-;.. ~ "--~~ If.',.. <.. 00 ' '>//1 UNTi. ,,'''' I{{ \\ \ '/lIrlllll\l\\\ \~lq.'6{ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ....... .... ON...s..... ...~OT~~:.... . , ~~. . : I ,. . . I . . I , . . . .., . . .. ' . .~ \ A_,' / '. -~'ti'!J&'f!'...ia>... (SEAL-;..W.~~ 3 h M n\ 2) rY\.~ -te~ Notary Public For Idaho Residing at: \rv'v.JJ'Jc,-", ~ Dei Commission Expires: I [") - /-;::; - t l (0 <ti> ~. <8> <8>. a z aJ :J <8> <8> <8> en ~ ill STORM ORAItIAGE SEE UJ SHEET 13 FOR DESIGN 0:::: INFDRMAll0N. () 0:::: <( 26 UJ aJ 25 24 ':I: TO NEAREST -=- -=- -=- -7 -= ~ -=- "=27- FUTURE SEWER (BY OllHERS) -=- -=- 20' SEWER EASEM~t~ 8 RANT ~ __ ~ -<8>- - - \5Oll LF --~ --~- ~ 4" PIRR <8> -- a EXHIf11 A '" I I SEWER EASEMENT II 6VE(2..) I z. 0 S- ~ We ~ Hf.2PHE 3 J ct([Jf,~ ~ ~. ~ ~ ~ ~ 11l+OO I [ill .6 LF. a: MER X1 [ill 18+00 276.60 LF B" P SEWER _ - _ - _;:_ _1-t'\'~li;~f~__1' SEE GIRR PlANS FOR DESIGN I I!m 5illJ .,. ., ~ @ ~ .~ I N EXISTING WATER WolN. CONTRACTOR TO '/ERIFY mAT t.lIN COVER REQUIREMENTS ARE MET. ,ELOCATE IF NECESSARY. 2 4 5 --1;;--- ~~. z,,:> 12'" .;H~ ~ SEWER MANHOLE (BY OllHERS) INSTALL STEEL CASING S' PAST IRRIGATION LINES .... ~ ~ ..., .... ~ + ~ ~ STREET 'A' [ill '+00 164.34 LF 8" P'Il ., - - ~<- ~-" ~~I '"~rll _:a ~~ {~1~2 ]~:;..~Ft7 ~ 3 ~ 4 !ill ~ ~ 5 3' SIC r BACK8LL PlRR TRENCH . PER DETAIL ON SHEET 13 Exhibit B Calculation of Reimbursement Amount for Shepherd Creek Oversized Sewer 6/14/2007 Sewer Size 27 inch Average Depth 16 feet Reimbursement % 68.50% Low Bid Amount $50,846 Reimbursement I $34,830 :i' ..."" 6881 Bennett-Rd. - Nampa, 10 -83686 Phone (208)465-0274 - Fax (208)465-3532 -MATT SCHULTZ 2127 S. ALASKA WAY MERIDIAN, IDAHO 83642 5/7/2007 --- -- ----~-- --"-~--- __~E$_IlI.VIA T_J;_~_~_____'-_____'___H PROJECT 281 - SHEPARD CREEK ADD ON QTY DESCRIPTION COST TOTAL SEWE~ 440 SEWER PIPE 27" 89.50 39,380.00 2 SEWER MANHOLE(S) 'I-TYPE 5,383.00 10;766.00 1 27" PVC CAP 350.00 350.00 1 27" PVC PLUG 350.00 350.00 . . TOTAL $50,846.00 ;; '.~ Excavation, LLC Shepherd Creek -Subdivision (Meridi3l1-i lP) 27" Sewer Only -~-Type of Work - . ~ ---. Cost Sewer 27" Sanitary Sewer Main 436.82 LF _.,-~,,,--~'.'~-.. -....... -Pipe Materials I LS -- Manholes and labor to install 2EA .-... Mobilization TtS CCTV and Flush and Testing 1 LS ., ---------...... -. .' 566,020.2 'I Total Job Cost S66,{J20.20 Notes: This quote includes all materials, iostaHati~ equ~ and labor to instaU the 27-inch Sewer in Shepherds Creek Subdivision in Merid~ 10. This bid is only good if all of the above items are accepted. *Conc;.eh. coHarswill be installed by others. · All compaction tests shall not be borne by H2 Excavation. *,~ ~y~-bi4 was based on plans marked "not approved for construction". Any extra improvements required during the review process shall be charged above and beyond the above bid. *Due to the inst3bi~ of the- PVC,pipe market, and the iron markct,_pipe_pr1ces are ~.to be ordered by 5120107. After that date if the quote for pipe shall go up or down in price, the owner shaII be charged more or refunded the additional costs. 1 May 03 07 05:12p I-'Iatlnum _ excavation 4325 Washington Ave -Caldwell. lD 83607 Customer _ :RMR(:omultlng Attn: Matt Schultz Description 436.82 linear Feet of 27" Sewer Main Manholes and -tabor to install sewer Pipe and materials CCTV. Flusfl and Testing Mobilization fees L.V\r"T~-'-""'V r-' . I E. I stlmate I I Date Estimate C I 5/312007 RMR.-OSd PO Number Estimale Good For 30 Days Qty Excludes testing. stakJng. impermeable material, dewatering and hazardous material removal. PI1One# 208-S73..6886 Fax' 208-454-9298 E-mail platinumexcavation@hmail.com Job I Shepherd Creek subdi"is~ Co$! Total I 75.215.00 75.215100 Total I $75.215,00