HomeMy WebLinkAboutCooperative Agreement with Brighton Corporation for Water Improvements Linder & McMillan Roads 2
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 ~6~, 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
roadway reconstruction, and for the
facilities work referenced herein;
set of combined bid documents for the
adjustment and relocation of the water
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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.
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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 pertorm 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
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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
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William G. Berg, fir. q , ~ Tammy de e d
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I
STATE OF IDAHO )
ss.
COUNTY OF ADA )
On this /~ ~ day of , 2007 befor e, a notary
public in and r said tate personally appeared ~/Y7' 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 hard .and affixed my official
seal the day and year firs~,apove written. ~~
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''•. F O F 10 ~:~.•.
STATE OF IDAHO )
ss.
COUNTY OF ADA )
Notary Pudll~~
Residing at ``
My commission
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,Idaho
fires: D~ .~~~~
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:
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