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Home My WebLink AboutCooperative Agreement with Brighton Corporation for Water Improvements Linder & McMillan RoadsMemo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer ~~~ CC: File Date: September 17, 2007 ~EC~jV~ .~ SEP 1 ~ 2001 City Of 141eridian City Clerk Office Re: Proposed Agenda Item for September 25 City Council Meeting The Public Works Department respectfully requests the following item be placed on the September 25 City Council agenda, under Consent Agenda, for Council's consideration: Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Linder Road and McMillan Road The agreement addresses the division of responsibility for design, bid solicitation, contract administration, construction inspection, and payment for water and sewer improvements associated with this project. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement with Brighton Corporation for Water Improvements in Coordination with Brighton Corporation Project Intersection Linder Road and McMillan Road_and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. ~ Page 1 COOPERATIVE AGREEMENT FOR: WATER IMPROVEMENTS IN COORDINATION WITH BRIGHTON DEVELOPMENT INC PROJECT INTERSECTION CINDER ROAD AND MCMILLAN ROAD THIS AGREEMENT made and entered into this day of , 2007, by and between BRIGHTON DEVELOPMENT INC, an Idaho corporation as first party, and the CITY OF MERIDIAN, an Idaho municipal corporation, by and through its Mayor and City Council hereinafter called MERIDIAN as second party. WITNESSETH WHEREAS, BRIGHTON DEVELOPMENT INC is the Project Manager under a Cooperative Development Agreement with the Ada County Highway District (ACRD) for the McMillan/Cinder Roadway Improvement Project Number 307009 for the ACRD Project as defined in the Cooperative Development Agreement dated August 16,2006. Whereas, BRIGHTON DEVELOPMENT INC and MERIDIAN desire to undertake a joint effort to share the tasks and costs of rebuilding the roadway of the Intersection of Linder Road and McMillan Road, including water facility adjustments and relocations as detailed in ACRD Project Number 307009, hereinafter referred to as the CONTRACT. WHEREAS, BRIGHTON DEVELOPMENT INC is willing to accommodate MERIDIAN'S request by arranging for water facility adjustments and relocations as part of the Project plans so long as BRIGHTON DEVELOPMENT INC receives assurances that BRIGHTON DEVELOPMENT INC will be reimbursed for administrative costs and expenses as agreed in section 2, and that MERIDIAN will pay for all bid items attributed to the construction, adjustment, and relocation of the water facilities within the Project boundaries. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. BRIGHTON DEVELOPMENT INC SHALL: a. Be the party responsible for soliciting, receiving, and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein, pursuant to the terms and conditions required in the August 16, 2006 Cooperative Development Agreement, incorporated herein by this reference; b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the adjustment and relocation of the water facilities work referenced herein; Page 1 of 5 c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S concurrence with BRIGHTON DEVELOPMENT INC'S recommendation for award of the CONTRACT prior to making such award; d. Forward invoices to MERIDIAN for payment to the contractor for water or sewer bid items. e. Provide centerline or offsets and stationing prior to MERIDIAN staking water facilities. 2. MERIDIAN SHALL: a. Be the party responsible to provide the inspection, field survey and grade control required for the adjustment and relocation of the water facilities installed under the CONTRACT; b. Provide BRIGHTON DEVELOPMENT INC with the construction plans, special provisions, and unit bid quantities for the adjustment and relocation of the water facilities to be included in the bid documents for the CONTRACT (all work required for the water facilities to be performed in conformance with the 2005 Edition of the Idaho Standards for Public Works Construction (ISPWC) and the City of Meridian Standard Specifications and Drawings); c. Remit to the BRIGHTON DEVELOPMENT INC, within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to the approved final CONTRACT payment estimate; d. Remit to BRIGHTON DEVELOPMENT INC within thirty-five (35) calendar days after the date of invoice therefore, all funds for which MERIDIAN is responsible pursuant to this Agreement; e. Reimburse BRIGHTON DEVELOPMENT INC, up to a maximum of $5,000 for administrative costs incurred including overhead and benefits, project administration. This amount to be reimbursed shall be equal to 4% of the costs of the water and sewer portion of the project. Be liable for the cost of repairing any trench failures attributable to failure of the adjustment and relocation of the water facilities within the boundaries identified in the Contract, and be liable for and indemnify BRIGHTON DEVELOPMENT INC for any and all costs and damages resulting from any such trench failure. Page 2 of 5 3. THE PARTIES HERETO FURTHER AGREE THAT: a. The CONTRACT amount for the water portion of the project shall be based on the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements, and paid for pursuant to the unit, and/or lump sum prices established in the Contract; b. MERIDIAN'S approval will be required for any change order work involving the adjustment and relocation of the water facilities; c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect the entire project for the purpose of reviewing the project to locate and note any unstable areas and resolve any items of concern or misunderstanding; to be reconciled in the PreCon Meeting on or around January 1, 2008; d. This instrument contains the entire agreement between the parties with respect to the subject matter hereof; e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement; g. In addition to such other remedies at law or equity for default that MERIDIAN may have, in the event that BRIGHTON DEVELOPMENT INC fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, MERIDIAN may withhold any reimbursements due to BRIGHTON DEVELOPMENT INC hereunder until such defaults are corrected to the satisfaction of MERIDIAN. h. In the event that MERIDIAN fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, BRIGHTON DEVELOPMENT INC shall be entitled to all remedies available at law or in equity. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; and Page 3 of 5 k. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: BRIGHTON DEVELOPMENT INC By: By: ATTEST: CITY OF MERIDIAN By: By: William G. Berg, Jr. Tammy de Weerd City Clerk Mayor Page 4 of 5 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this /~ ~ day of , 2007 befor me, a notary public in and r said tate personally appeared ,Vi '~~ n to me to be the ~~ of BRIGHTON D ELOPMENT INC and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my ha d and affixed my official seal the day and year firsx,~pove written. ~v,• •,~ ~; NoTARr :~v~ _._ ~ ~• pUB L,C :: .~ ~'•••.....••~~ o .: ~~'9rF O F ID P~.`~• STATE OF IDAHO ) ss. COUNTY OF ADA ) i Notary Pu ~ I aho Residing at ,Idaho My commission ~ fires: ~~ .~~~~ On this day of 2007, before me, the undersigned, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR., Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My commission expires: Page 5 of 5