HomeMy WebLinkAboutCooperative Construction and Reimbursement Agreement with Corporation of the Presiding Bishop of Jesus Christ of Latter Day Saints Church at Eagle Rd. and Lake HazelC~
Memo
a
~i~y (.~~ i~'1.e~c~i~N
Cat b, +Gl~~~ ~t~~~
To: Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer
CC: File
Date: 11 /13/07
Re: Proposed Agenda Item for November 20, 2007 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the June
19 City Council agenda, under Consent Agenda, for Council's consideration:
Approval of Reimbursement Agreement between the City of Meridian and Comoration of the
Presiding Bishop of the Church of Jesus Christ of Latter Dav Saints
Recommended Council Action: The Public Works Department recommends
that City Council approves the reimbursement agreement between the City of
Meridian and Corporation of the Presiding Bishop of the Church of Jesus
Christ of Latter Day Saints for a total reimbursement of $378,472.41 and
authorizes the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
this item.
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M~a~ 14 08 08:22a Lystr•Jensen 208 233 ~6 p.2
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ,DD
BOISE IDAHO D6/18/D8 11:26 AM
DEPUTY Usa Irby ~~ ~ ~ ~ ~~'~ ~~ ~ ~ ~~'~~~ ~ I~ ~ I~ ~~') ~ ~~f ~ ~~~
RECORDED-REQUEST OF 10507118
Meridian City
AGREEMENT
THIS AGREEMENT made this day of ~ a , 2fl a 8' , b}~ and betv~een
the CITY OF MERIDIAN, a municipal corporate n, hereinafter called CITY, and
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST
OF LATTER DAY SAINTS, hereinafter called DEVELOPER:
WITNESSETH:
Wl-IEREAS, DEVELOPER has constructed o~ite doYnestic water lines to their serve
property as shown on Exhibit ~A" and has requested reimbursement for construction of the
offsite water lines;
WHEREAS, upon recommendation of the Public Works I?epartmerrt, the Council of CTIY
accepted acct approved the prolmsal of DEVELOPER subject to aril 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 cor-traci documents for the construction and
installation of offsite water lines, shown on Exhibit "A", includingrights-of way,
grades and elevation, and materials to be used in,the wnstruction and installation of said
water lines.
B. Construction of Offsite Water Lines.
(2) DEVELOPER has constructed the offsite water lines and appurtenances as shown
on Exhibit "A'', subject to the, conditions hereinafter provided.
(2) DEVELOPER has provided alt engineering, surveying, contract administration,
permanent and temporary construction easements for the construction of offsite
water lines described on Exhibit `~A".
(3) DEVELOPER has prodded all testing, sampling and other normally conducted
quality controUQuality insurance of installed systetns_
(3) CITY bas provided inspection services for the construction of the offsite water
Imes described on Exhibit "A".
C. Letfine Bids. DEVELOPER solicited bids and published requests for hid proposals for
construction of the offsite water lines from at least three (3) properly licensed public
work contractors. DEVELOPER scheduled and conducted the bid opening and notified
the CITY at least two business days prior to the time, date and place of the bid opening.
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May 14 08 ~8:22a Lystr~ Jensen
208 233 ~~ p.3
DEVELOPER awarded to the lowest responsible bidder after they have obtained
concurrence from CITY of low bidder.
D. DEVELOPER and CITY ResRonsibility for Costs. The DEVELOPER will construct
offsite water lines: as shown on Exhibit "A". It shall be the responsibility of the
DEVELOPER to pro«de 100°/a of the financing of the project with reimbursement &otn
the CITY in accordance with Section E of this agreement `REIMBURSEMENT TO
DEVELOPER".
E. REIMBURSEMENT to DEVELOPER.
Because the DEVELOPER shall construct the South Eagle Road Water Line Extension
as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER 90% of the
cost of the offsite line not fronting the DEVELOPER'S PROPERTY and 50% of the
cost of the .line fronting the the DEVELOPER'S PROPERTY. Additionally, the CITY
shall reimburse to the DEVELOPER I00% of the cost of PRV appurtenances installed
at the CITY's request. The total reimbursement as detailed in Exhibit "B" is
S37S,47Z.41.
F. Term of Agreement Payment shall be made to the DEVLOPER within 30 days of City
Council approval of this agreement.
G. Domestic Water Lines on DEVELOPER'S PROPERTY. As a condition for CITY
entering this Agreement, DEVELOPER has:
Submit m inspection by either the Public Works Department or the Building Department
of CITY whenever a btailditag is to !~ connected to the domestic water system
constricted and installed on and within its property.
H. Cost of Domestic Water 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 domestic
water system upon and within DEVELOPER'S PROPERTY, shall be at
DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share
of the domestic water system on Exhibit "A".
I. Compliance with Laws.
(1) In constructing and installing the domestic water s}°stem within its Property,
DEVELOPER, at its sole expense, has complied with laws, orders and regulations of
Federal, State and Municipal authorities and at its sole expense has obtained all
licenses or perrriits v~dtich were regt~ed for the performance of this Agreement.
(2) Upon connection to the domestic water system, DEVELOPER agrees to abide by
all applicable City laws, riles and regulations pertaining to domestic water
systems.
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May 14 08 08:22a Lystr! Jensen 208 233.56 p.4
J. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold
harmless CITY from and for any and alI 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, tivithoux the prior written
consent of the CITY, which consent shall not be unreasoru;bly withheld.
L. Definition of DEVELOPER'S PROPIERTY. The term "DEVELOPEIt'~ PROPE'RTY='
in the Agreement shall mean the parcel described on Exhibit "C
,,
P
S
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May 14 08 08:22a LusLr• Jensen 208 23356 p.5
1
"attached hereto.
1~I. 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.
]N WITNESS WHEREaF, the parties shall cause this Agreement to be executed by then duly
authorized officers the day and year fn st above written_
DEVELOPER
_~ 1~«.r ~~~L~e~y
Name {printed) ~
Signature
~lT
STATE OFi~Bf~I® )
County of
Title
2S ?1oAy 2ya S'
Date
Secretary,
On this °Z~ day of ~~~ .~,DD~ ,More the the undersigned, a
Notary Public in and far said State, personally appeared nJ,T' ~iNand
~ known or identified to me to be the personas whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same.
IN WI1TfESS WHEREOF, I have. hereunto set my hand and af~'ixed my official seal the day
and year fines. above w7itten.
BARSAAA A. 9UAl31Clt No Public for~ito
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60 tw t~OR71# 7EAePlE Residing at: ~Li7' ~-~ cOfJDtl~`~D
SALT LAKE ~ eft &41 SO Commission E. ores:
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May 14 08 08: 23a Lystr~ Jensen 208 233 ~6 p. 6
P
CITY CLERIC
STATE OF lDAHO )
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County ofII lAda )
On this `~'~ day of .J (1.n,~' . .~~ ~ 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 execurted the within
instnsmen# and ack3nowiedged to me that the City of Meridian executed the same.
IN W TTNESS ~I~~tEOF, I have hereunto set my hand and effaced my official seal ibe day and year
first above~rtten~ ~~.~
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Page S of 8
Mai 14 08 08:23a L~sLr~Jensen 208 233 ~6 P.7
Exhibit A
AMITY
E
A
G
L South Eagle Road
E Waterline Extension
LAKE HAZE
Ctaurch t
Property
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hta~ 14 08 08: 23a L3str•• Jensen 208 233 ~6 p. 8
t
Exhibit B -Reimbursement Calculation Details
South Eagle Road Watarttne Extension
Relm6utsament Calculations
Cal~tata Percentage of Project t and Peacerttage FroMUtg PropEriy
T+~ ~~ 3615 1 DO%
L.angth Fmntlng Property 480 13°i6
~BnB~ t3~sde 3135 8743
Calculate Reimburssmeni Amounts
~1A~~.~l `. 1. -. ^~ ~ . s. ~ ~i~~VUwY.Q ~'J :.~
Construc8on S 429.250.00
Constnicsian of PRV
Appurtenances (Reanburse 100°~b
~ M0~ S 21,Q67.00 S 21,067.00 5 21,067.00
CansUuction Minus PtiV
finances S 408.183.00 $ 54,19f3 57 5 27.099.29 S 353,98443 S 318,'.585.98
Enginearas9 Qesign 5 34.t>d0.Q0 S 4,514.52 S 2.257.26 $ 29.485.48 S 26.538.93
Englneer~g Constriction
~st~n S 3360.00 S 446.14 S 223.07 S 913.86 S .2.82247
5 4668tD.D0 Total. b 29,579.82 Total S 368.812.39
7otat Fronting Reanbinaement ; 29,579.62
Total Otlsite ReimDursetitent S 368,812.E
Reim6ursemetd Subtotal $ 398,392.01
Coy Admen Fee (596} S 19 919.f~
Reimbinsement Qtee S 378,472.4'1
e
r
s
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LJ
Exhibit C - CPB Property Legal Description
A portion of the Northeast 1/4, of the Northeast 1/4 of Section 5, Township 2 North,
Range 1 East of the Boise Meridian described as follows:
Commencing at the Northeast corner of Section 5, Township 2 North, Range 1 East
of the Boise Meridian and running thence South 585.38 feet along the East line of
said section to the POINT OF BEGINNING; thence West 908.00 feet; thence South
480.00 feet; thence East 908.00 feet to said East line; thence North 480.00 feet to
the point of beginning.
Parcel contains 10.00 acres and is subject to County Road right-of-way along .the
East side.
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