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HomeMy WebLinkAbout2016-01-05E I I �CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 05, 2016 at 6:00 PM Roll -Call Attendance X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Agreement For Connection To Public Sewer System: 1927 N. Leisure Lane B. Interagency Agreement between Ada County Highway District and the City of Meridian for Utility Project Cooperative Development C. Purchase Order approval for purchase of Genie GTH 1056 Telehandler from ONE SOURCE EQUIPMENT and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not -To -Exceed amount of $141,352.67 D. Approval of Award of Bid and Agreement to OXARC, INC for the "Supply and Delivery of Sodium Hypochlorite" project for a Not -To -Exceed amount of $90,719.10 E. ESO, Solutions, Inc. Business Associates Agreement F. Approval of Award of Bid and Agreement to Dahle Construction, LLC for the "Waterline Extension — Amity Road and Meridian Road, Locust Grove to Harris Street - Construction" project for a Not -To -Exceed amount of $695,690.75. Meridian City Council Meeting Agenda Tuesday, January 05, 2016 — Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for South Meridian Annexation (H- 2015-0019) by City of Meridian Located Along Amity Road, East of Linder Road, West of Eagle Road and North of Columbia Road Request: Annexation and Zoning of 1,322.14 Acres of Land with R-4 (1,241.10 Acres), R-8 (10.37 Acres), R-15 (30.10 Acres) and C -G (40.57 Acres) Zoning Designations 6. Items Moved From the Consent Agenda None 7. Department Reports: Old Business A. Continued from December 22, 2015: Discussion Regarding Request from Silver Oak Apartments Regarding Water/Sewer Assessments for Multi - Family Projects Approved 8. Community Items/Presentations A. Swear in Mayor Tammy de Weerd B. Swear in City Council Member for Seat 3 Ty Palmer C. Swear in City Council Member for Seat 5 Genesis Milam 9. Department Reports: New Business A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Public Works: Information Only Regarding Job Position Changes 10. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Oaks South Subdivision No. 3 (H-2015-0038) by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Approved 1. Request: Final Plat Consisting of Forty (40) Single Family Residential Lots and Five (5) Common Lots on 9.09 Acres of Land in the R-8 Zoning District Meridian City Council Meeting Agenda Tuesday, January 05, 2016 — Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Public Hearinq Continued from December 15, 2015 for Eagle Commons at Overland (H-2015-0024) by Eagle Commons at Overland, LLC Located Northeast Corner of S. Eagle Road and E. Overland Road Continued to January 12, 2016 1. Request: Execute a Development Agreement Required with the Annexation of the Property for the Purpose of Including a Concept Plan and Specific Provisions Relevant to the Development of the Property C. Public Hearing for Settlers Square Subdivision (H-2015-0014) by Seagle Three, LLC Located Near the Norwest Corner of W. Ustick Road and N. Venable Ave Approved 1. Request: Preliminary Plat Approval Consisting of Twelve (12) Commercial Lots and Two (2) Common Lots on Approximately 9.001 Acres in the C -C Zoning District D. Public Hearing for Falconers Place Subdivision (H-2015-0015) by Summit Equity, LLC Located East Side of Eagle Road, South of Victory Road Approved 1. Request: Preliminary Plat Approval Consisting of Twenty -Three (23) Single -Family Residential Lots and Six (6) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District 2. Request: Modification of the Recorded Development Agreement (Inst. #105152708) for the Purpose of Altering the Type and Number of Buildings to be Constructed on the Subject Property 11. Future Meeting Topics Adjourned at 9:08 p.m. Meridian City Council Meeting Agenda Tuesday, January 05, 2016 — Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council January 5, 2016 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, January 5, 2016, by Mayor Tammy de Weerd. Members Present: Keith Bird, Charlie Rountree, David Zaremba Joe Borton and Genesis Milam, Luke Cavener and Ty Palmer. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Clint Dolsby, John Overton, Perry Palmer, Sonya Watters, Josh Beach, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: What a nice group of people out there. Thank you for joining us. We greatly appreciate it. I see a lot of friendly faces in the room, which is sometimes unusual. Go figure; right? So, thank you for joining us. For the record it is Tuesday, January 5th. It's a few minutes after 6:00. We will start this meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore with the Ten Mile Christian Church. If Pastor Moore will come forward. Please join us in the invocation or take this an opportunity for a moment of reflection. Thank you for joining us. Moore: Honored to be here. God in Heaven, we know we need you. The air we breathe, things we take for granted, and we will pause and pray that we belong to a city that -- to be a part of a city that understands that and will bow their heads before you at the start of this important the meeting. God, thank you for blessing this community and the rest of the world has recognized what we already know, how wonderful it is to be here. I pray the decisions that are made this very night will just improve and expand our community. Thank you for these that serve us and give their time and their premium hours to thought and decisions that are for the betterment of this community. I pray especially for Ann and Meridian City Council January 5, 2016 Page 2 of 54 Ty as they assume new responsibilities and service in this community. Thank you for those that have served and their predecessors and bless their lives for what they have given to Meridian and thank you for our Mayor and we are grateful for the leadership that she's given us in these years past and we pray the next four years that you will be at the helm her life. We are grateful that she's surrendered to you and we ask you to bless her and her family. God, I just ask for your direction for what's decided for our community, in the name of Jesus, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have no resolutions or any changes, so I move that we adopt the agenda as printed. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. Did I hear all ayes? Okay. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Agreement For Connection To Public Sewer System: 1927 N. Leisure Lane B. Interagency Agreement between Ada County Highway District and the City of Meridian for Utility Project Cooperative Development C. Purchase Order approval for purchase of Genie GTH 1056 Telehandler from ONE SOURCE EQUIPMENT and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not-To-Exceed amount of $141,352.67 D. Approval of Award of Bid and Agreement to OXARC, INC for the “Supply and Delivery of Sodium Hypochlorite” project for a Not - To-Exceed amount of $90,719.10 E. ESO, Solutions, Inc. Business Associates Agreement Meridian City Council January 5, 2016 Page 3 of 54 F. Approval of Award of Bid and Agreement to Dahle Construction, LLC for the “Waterline Extension – Amity Road and Meridian Road, Locust Grove to Harris Street - Construction” project for a Not-To-Exceed amount of $695,690.75. G. Findings of Fact, Conclusions of Law for South Meridian Annexation (H-2015-0019) by City of Meridian Located Along Amity Road, East of Linder Road, West of Eagle Road and North of Columbia Road Request: Annexation and Zoning of 1,322.14 Acres of Land with R-4 (1,241.10 Acres), R-8 (10.37 Acres), R-15 (30.10 Acres) and C-G (40.57 Acres) Zoning Designations De Weerd: I will ask on Item No. 5 if Councilman Zaremba will do the privilege of this item. Zaremba: Okay. Madam Mayor, I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. Cavener: Second. De Weerd: I have a motion and several seconds to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea . De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Just one thing before we get to the swearing in ceremony. We need to conclude with our Old Business with the current Council before the new Council steps up. If you're wondering why we are not swearing in Ann Little Roberts, she is not here this week and so per our ordinance until a new member is sworn in, the current member will continue to serve until that time, so, we are fortunate to have Council Member Zaremba through the end up this meeting. Yeah. He's not going anywhere. We know where he lives. Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent A genda. Item 7: Department Reports: Old Business Meridian City Council January 5, 2016 Page 4 of 54 A. Continued from December 22, 2015: Discussion Regarding Request from Silver Oak Apartments Regarding Water/Sewer Assessments for Multi-Family Projects De Weerd: Item 7-A is under Old Business and I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This item was a discussion you had on December 22nd with the developers of the Silver Oak Apartments on Franklin Road. What their request was in their building process, they received approval for 260 units to be constructed in a phased program back in 2014. We have met with them to discuss our fees. There was a fee methodology change that occurred in October of this year. They provided a lot of information and a lot of paperwork with regard to the process that they were going through to get these constructed based on the original approvals from 2014. Based upon that we were comfortable to be able to recommend to the City Council that we will apply the prior method of calculating their assessment fees for these multi-family units just for this phase, as long as those could be completed and submitted by March 1st of 2016. So, we are comfortable making that recommendation. I have discussed that with that applicant's counsel prior to the meeting and she was going to acknowledge whether that was acceptable to them as well. De Weerd: And, Mr. Nary, I know that in May when they pulled for the first phase, the second phase was approved through the CZC and so that's when they inserted part of the financing to the fees that were communicated at that time. Nary: Madam Mayor, Members of the Council, that's correct. They had both CUP, CZC and design review approval in December -- excuse me -- in November of 2014. They used that information to, then, put together their financing package to get it built in two separate phases and they began that second process of the 132 apartments. That's what they are asking for today. Right on the heels of getting the building permits for the first phase. So, based on all of that information we felt it was reasonable to apply the prior methodology to this phase as they requested, as long as they could get it done in a fairly timely fashion, which they have indicated in a number of -- both the letter and in front of you, as well as in our meeting, that they could meet a time frame of March 1st. De Weerd: Okay. Council, any questions? And the developers of Silver Oak agree? Okay. Okay. Council, any further information needed on this? Bird: I don't. Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we pass the agreement that was made between the staff regarding the apartments out there and because they -- this -- their financing and stuff has been planned at the old rate and to allow that to happen on this phase. Zaremba: Second. Meridian City Council January 5, 2016 Page 5 of 54 De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Community Items/Presentations A. Swear in Mayor Tammy de Weerd De Weerd: Under Item 8 is the swearing of the next -- the next elected officials for the next four years. We will do this one at a time and I would ask at -- at each one that you introduce your family and at the end of it when everyone is seated, we will see if there is remarks and -- I'm just preparing you. I have some remarks. So, Item 8-A is the swearing of Mayor Tammy de Weerd. Well, I'm going to introduce you to the people that I have standing up and, then, mom and -- well, I will just ask them all to come up. So, Bart and Tara, grandkids, spouses, come on up. Now you see why I was elected. I just got my family members out to vote. Holman: Please raise your right hand and repeat after me. I, Tammy de Weerd, do solemnly swear or affirm, that I will support the Constitution and laws of the United States, the Constitution and laws of the state of Idaho and the ordinances and policies of the City of Meridian, Idaho. And that I will faithfully perform the duties of the office of Mayor of Meridian, Idaho, to the best of my ability during the continuance of my term. So, help me God. (Repeated by Tammy de Weerd.) De Weerd: Okay. Wait. So, this is Bart. My grandson Gabriel. My granddaughter Bella. My dad Dick Bartlett, who was a coach at Borah High School and which is why I was born in Boise, but he's a Bengal. So, all you Vandals and Broncos eat your hearts out. My mother Sidney Bartlett. This one here in front is Braxton and we have Gabriel -- or Gabriel. Jacob. And my daughter Kara and her husband. Oh, my gosh. Jared. I think there are just too many people to keep track of. But this is the first time I've really had my parents here and so it makes it more emotional. They have been great supporters and I really love them dearly. So, thank you for being here. I was sitting in my office before I came down here and I thought why am I so nervous and it's always neat having family here and this is an incredible privilege, so -- okay. B. Swear in City Council Member for Seat 3 Ty Palmer De Weerd: Item 8-B it is swearing in of City Council Member for Seat 3, Ty Palmer. Meridian City Council January 5, 2016 Page 6 of 54 Palmer: I might preface this as well. The family I was born with there is only one flaw in my family and that's we get emotional when we talk about one of three things. Our family, our country or my God and so all three are part of this, so it might take a minute, but we will get through it. So, this is my wife Brenda. We have been married three years. And my twins Regan and Riley and, then, our seven month old Libby and, then, my parents John and Leslie Palmer are here as well. De Weerd: Do you want them to come up? Palmer: They really don't want to. They are there, so that -- Holman: Okay. If you will raise your right hand and repeat after me. I, Ty Palmer, do solemnly swear or affirm, that I will support the Constitution and laws of the United States, the Constitution and laws of the state of Idaho and the ordinances and policies of the City of Meridian, Idaho. And that I will faithfully perform the duties of the office of Councilman of Meridian, Idaho, to the best of my ability during the continuance of my term. So, help me God. (Repeated by Ty Palmer.) De Weerd: Ty, now you get to come up and have a seat. C. Swear in City Council Member for Seat 5 Genesis Milam De Weerd: Item 8-C is the swearing in of City Council Member for Seat 5, Genesis Milam. Milam: Yes. My husband and my son are here. This is my husband Dean. See, I told you I was married. This is my son Tristan and he just came from judo, so -- Holman: Okay. If you will raise your right hand and repeat after me. I, Genesis Milam, do solemnly swear or affirm, that I will support the Constitution and laws of the United States, the Constitution and laws of the state of Idaho and the ordinances and policies of the City of Meridian, Idaho. And that I will faithfully perform the duties of the office of councilman of Meridian, Idaho, to the best of my ability during the continuance of my term. So, help me God. (Repeated by Genesis Milam.) De Weerd: I guess there needs to be a fun one in every crowd; right? Milam: Somebody has got to be fun. De Weerd: And at this point I will see -- I will give the floor to our two Council members. Ty, do you have any comment that you would like to make? Meridian City Council January 5, 2016 Page 7 of 54 Palmer: Is this working? It doesn't seem that they usually do when you sit in the audience. No. I -- I just can't express enough how grateful I am to citizens for trusting me enough not to run against me. I really do appreciate that, because that gave me an opportunity that I wouldn't have had had I actually ended up, you know, having to run a campaign, because for the last several months I have been able to sit here in the audience and learn and be able to meet with the different department heads, have an opportunity to actually learn what it is I was going to be doing, so that I fe lt prepared to actually be here today to get started and I -- I mean I apologize to anybody that's heard me say this, but it really is the fact of the matter, not just a campaign spiel, but I grew up in Meridian. Technically I was born in Boise, because we didn't have a hospital yet. But I was born and raised in Meridian and the Meridian that I experienced I see that it still is today. The Meridian that is family friendly, that is safe, that is the perfect place to raise a family and now that I have a family I had felt it was time that I step up and made sure that it remained that way for the next generation for my kids, that they will have the same experience that I did and for their kids hopefully as well. And so I, again, just thank you for giving me this opportunity to serve you. De Weerd: Thank you, Councilman Palmer. Genesis. Milam: I don't really have anything to say. But I am -- I'm really glad that I'm able to be here and continue my term, because it's taken a long time just to learn the ropes and I'm just getting started, people. And really -- and I'm grateful for the support that I have from my family, because without that support at home I wouldn't be able to spend the time that I do during the meetings and other Council activities that I'm involved in. So, I'm just thankful for -- thank you, honey, thank you, Tristan, for supporting me and letting me come to all these late night things. And thank you, everybody, for being here tonight and for voting and for loving Meridian the way that we do. Appreciate it. De Weerd: It's sure nice seeing a lot of faces in this room. It's a real privilege to -- to think that I am at the beginning or the cusp of my fourth term serving such an amazing community like this. I see long time supporters and I see new friends. I would counter, I think, what Councilman Palmer just mentioned, that I am really blessed because I did have others that filed for office. I think everyone should have to earn your vote and that work of knocking on doors, of being available, holding town hall meetings and hearing what people have to say is so critically important in being able to sit up here and serve our community and represent the things that they really believe and the concerns that are on their mind. Knocking on the doors in our community, I learned a lot of different things. One, our residents are so proud to live here in this community. They care and what we have always said is we have a community that's ready to stand up and to be involved. So, they don't just share their concerns, they share their ideas for solutions and I think that if anyone knows me -- and I don't see Craig Steele here tonight -- when I knock on your door and you tell me something that you're upset with, I will engage you to be part of the solution and I think that's how this city works. We have incredibly talented citizens that if we tap into their passion for our community and their desire to make it better, they will stand beside you and work hard to do so. I see the Brewtons in the second row and they are one of those families that were this hidden discovered gem in our community and they Meridian City Council January 5, 2016 Page 8 of 54 invited me to an HOA meeting that they were going to sing at, because their voices are just totally incredible, because they wanted their neighbors to see who they saw and I saw that was behind every door. The person that stopped in their car when they saw my husband putting up signs and so if you ever have any concern about the signs we put up, you can ask my husband, because he put every single one of them and with Craig Robinson, he took every single one of them down until 4:30 in the morning. But they stopped and they said we want a sign. I had another friend that had someone knock on her door and say where can I get one of those, because of my sign in her yard. I found people that I didn't know, but we had a passion for our community in common and wasn't it cool the day after election where we got the news -- ssshh, don't tell anyone, that we were number one in the nation as the best place to live and it was evident -- and it was truly evident throughout that campaign that I wouldn't have seen otherwise if I had a free ride until election day, because I can tell you we knocked on a lot of doors and if there was a hot spot out there we found it and, then, we addressed it, because ultimately people just want to be heard. So , the -- the number one in the nation mirrors the salient points that I heard at your door and that I was sharing, we are a safe community. We are a community with opportunities and growing opportunities that we hear about every week in this chamber, those companies or those developments that help define who we are, that want to be part of the vision of the City of Meridian. I get to serve with people that are sitting up here who truly care about our city. They have a vision and a passion to make sure that it continues to be a good place for our families and safe for our citizens and a place to do business. I serve with a senior management team that is second to none, that have developed strategies and methods and ways to make sure that we achieve your vision. We have employees that care. They really truly care about the customers and the citizens that they serve and that's why we are a safe city. That's why we are a good place to live. That's why we have quality places to play and community events that we get goose bumps on when the lighted parade have inspired our young ones and they have visions of what this community is about and you will hear from the Mayor's Youth Advisory Council how youth are engaged and how this community is all about our kids. That's why I get excited to serve the people and to serve this community, because I serve with people that want to stand beside every single one of us up here and I am very privileged and honored that you had confidence to allow me to continue to serve this city and I hope that you realize that the service that all of us do up here and that all of our employees do to work with you to continue to make this a premier place to live, work, and raise our families. I'm also privileged that we have our county partners here, Commissioner Dave Case and Ada County Sheriff Steve Bartlett. These are important partners in our community and we don't always agree, but he will come around. Right, Dave? But we thank you all for being here. I want to thank my husband, because I think every one of you that are married you know the importance of the support of your spouse and the support of my spouse has been stellar. He's my best friend, my best sounding board, and sometimes I'm throwing darts at that sounding board, but he gives me very wise counsel and I couldn't do it without him. And I want to thank my kids. They grew up seeing my service to the community and they know how it fills my heart and they have been a part of it and they knock on doors every four years and -- and sometimes they happen into neighborhoods where we found that problem and they still do it with a great smile and gratitude. My grandkids also -- how can you say no to Bella when she's in front of your Meridian City Council January 5, 2016 Page 9 of 54 door saying vote for my grandma. New strategy and I think that Ty had figured that one out when I saw him walking down the street with strollers with handles on both sides and Brenda beside him and the baby and it is like, wow, that's a powerful campaign team. Meridian is about families. But it's also about the people that care and I have a great team. Peggy Gardner I think -- Peggy and Larry have been with me since my first campaign for City Council and, boy, did we learn a lot of stuff. But she's still there and I so appreciate you, Peggy Gardner. Okay. I could lament all night long and I won't, but, needless to say, thank you for being here. To those that went and knocked on doors with me and did a lot of kind of stilly and foolish things, but I appreciate you. Thank you to those that got out and voted. Whether you voted for any of us sitting up here that were just sworn in, thank you for taking time out of your busy day to have a voice in the process. I see one of our youth council members and he told me that this would be the year -- his first vote. So, Tyler, congratulations. And with that you don't have to last throughout the whole evening, but if you would like to -- my mom actually asked for permission to sit through the whole meeting and she has it. So, if you would like to get up at anytime, feel free to. But thank you for being here and being part of history, the swearing in of our youngest City Council member and being here to support us into the next term. So, thank you. Item 9: Department Reports: New Business A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: You know, Brianna, if I had thought of it, I would have made them wait until after -- shoot. And any business person that was here, just beware, City Council -- or our youth council will be calling you to help them out. Dang it. Okay. Item 8 -- or 9-A under Department Reports, new business. We will hear from the Mayor's Office that hosts our Mayor's Youth Advisory Council. In front of us we have Brianna Siddoway. Siddoway: Thank you, Madam Mayor. Madam Mayor, Members of the Council, for the record my name is Brianna Siddoway. I will be giving you an update of the Mayor's Youth Advisory Council for the activities of November and December and this is our third update of the MYAC year. As you can see at the top of the screen, those -- that is a picture of our MYAC group photo. We always like to take a silly one as well, as you can see on the right, it's -- and become so close and we all have bonded very well together. First I would like to talk about the STAND grant. MYAC won the STAND grant once again this year and we were able to send two members of MYAC to a workshop to learn how to -- to learn the requirements for a -- for an anti-tobacco event. We are planning to partner with the Village at Meridian and we are hoping to hold a free movie for teens and we will have booths and previews to show the dangers of tobacco use and we will have more information about this at a future date. The Teen Activities Committee held their first official event at Dart Wars. This was a very exciting event and it was a great way for members of this -- of this committee to meet each other, seeing how we all don't go to the same school and it was a very exciting way to just -- to just be in a safe environment and meet new people. We cohosted a float with Buckle Up For Bobby for the Winter Lights Parade and we did this so that we could show the community how serious we were about Meridian City Council January 5, 2016 Page 10 of 54 seatbelt safety as we were trying to pass the seatbelt safety law. Sorry. Our theme that we had was All We Want Is You, a popular Mariah Carey song, and we handed out these candy canes with messages of seatbelt safety on them and we handed those out to the crowd and it was a really exciting event and I know that everyone who participated loved it and it was a memory that we will never forget. We had our MYAC all valley Christmas party at the Idaho Party Barn. We had 125 teens from Meridian, Nampa, Middleton and Caldwell attend. We had dancing, a gift exchange, and, most importantly, we held a toy drive for the Boys and Girls Club. Together we -- we donated 50 gifts to help these children have a substantial holiday and that's also what I will be talking about next, the Christmas gift exchange. We partnered with the Meridian Police Department, the Fire Department and the Meridian Anti-drug Coalition and EMS workers. This was the third annual Christmas party that they have held and they have a dance party, games with a reindeer that you saw in the picture before and the kids were able to play with -- you know, meet the reindeer and, then, they also had the gifts that we donated that were labeled with ages so that the children could all have a gift that was fitting for them and one that they would truly enjoy. And I will now stand for questions. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: It's always one of my favorite reports. As always, nice job. Siddoway: Thank you. Cavener: Brianna, maybe share with us what -- what's your favorite part about the youth council? What -- if you were to go encourage somebody to come join it, what's the one thing that you always tell them about? Siddoway: Madam Mayor, Council Member Cavener, I definitely -- I just love the -- how friendly people are in MYAC and it's -- get emotional. It's -- it's such a safe and happy environment and it's -- like every time that we have a meeting or we have an event, just seeing all the people three and everyone is happy and everyone is being invited and we are all caring for each other, that's just what I love most about MYAC is that we have such a caring nature in all of us that we -- we all share it with each other and it's made us a family. Cavener: That's great. That's awesome to hear. Thanks again for sharing. Siddoway: Yeah. Thank you. De Weerd: You know -- and I would say this is one of the most cohesive Mayor's Youth Advisory Councils that we have had and certainly you have seen that in our executive council -- they don't have to hang out together, but they come together as a council and, Meridian City Council January 5, 2016 Page 11 of 54 then, we hear of when they come together outside of their council meetings and they become a family and it's neat to see that kind of relationship building among the -- the representatives from the different schools that wouldn't have met otherwise and I will tell you they are not just passionate, they are making things happen. Their leadership this year has been stellar. So, kudos to all of our executive council members. Siddoway: Thank you. De Weerd: And our members in general. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just comment. We all know that it's common to think of youth as a lost group of people off doing their own thing. I am so thrilled with what you and all the MYAC people are doing. You really make us all optimistic about the future. You are participating in the community now and making a positive influence in the community now -- Siddoway: Thank you. Zaremba: -- and -- and that's just a wonderful thing to see. Siddoway: Thank you very much. De Weerd: And there is a standing invitation to City Council members -- anytime you want you can come out and hang out with us and there is a legislative breakfast coming up in two weeks and so certainly we will give you information on that, if you would like to -- to come and listen to our government affairs students as they talk with our legislators. Siddoway: Thank you. De Weerd: Okay. Anything further? Thank you. Siddoway: Thank you. B. Public Works: Information Only Regarding Job Position Changes De Weerd: Great job. Okay. Item 9-B is under our Public Works and I will turn this over to Mike. Pepin: Thank you, Madam Mayor, Members of the Council. This is a tough agenda to follow, so I will make this quick and brief. No slides. This is an informational update. We brought to you in October a realignment of the Public Works Department and there was a few things that we were going to need some time to fully implement and I wanted to share with you those adjustments and, then, the implementation of those. There were two Meridian City Council January 5, 2016 Page 12 of 54 positions that we were looking to pivot on, because they had different needs in the department. One was the environmental programs manager and that was leveled at a K and we pivoted on that and went to an education and outreach specialist, which came back leveled as a J, so that's actually a personnel savings of about 6,000 dollars a year in annual salary. The other position was surface water program administrator and we pivoted on that and went to environmental programs coordinator. That's a neutral. Those were both J positions and we are looking to go out to market and advertise for those positions within the next two weeks. So, we wanted to bring back those final implementation pieces that we brought to you in October, so that you are -- have some awareness on what we are going to be going out to market for. De Weerd: Thank you, Mike. Appreciate that. Pepin: Thank you. Item 10: Action Items A. Oaks South Subdivision No. 3 (H-2015-0038) by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road 1. Request: Final Plat Consisting of Forty (40) Single Family Residential Lots and Five (5) Common Lots on 9.09 Acres of Land in the R-8 Zoning District De Weerd: Okay. Item 10 under Action Items. 10 -A is Oaks South Subdivision No. 3. I will turn this over to our staff. Beach: Thank you, Madam Mayor, Members of the Council. This is coming before you because the applicant did not get back to staff in time for it to be put on the Consent Agenda, just as a process. So, this is a final plat. The site consists of 9.09 acres of land. It's currently zoned R-8 and is located on the south side of West McMillan Road between North McDermott Road and North Black Cat Road. A little history on the project. Annexation and a preliminary plat for the site were both approved back in 2013 and this is the third phase of the final plat. Proposed final plat depicts 40 single family residential building lots and five common lots on, again, 9.09 acres of land in the R-8 zoning district. The average lot size for the residential portion of the development is 7,422 square feet. The gross density of the development is 4.4 dwelling units per acre, with a net density of 5.87 dwelling units per acre. All of the lots proposed in the subdivision are for single family detached homes and comply with the dimension standards of the R-8 zoning district. The applicants -- as I said, did get back to staff in agreement with all the -- the terms of the staff report and staff is recommending approval of the application. Stand for any questions you may have on the application. De Weerd: Thank you. Counsel, any questions? Meridian City Council January 5, 2016 Page 13 of 54 Bird: I have none. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2015-0038, final plat. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from December 15, 2015 for Eagle Commons at Overland (H-2015-0024) by Eagle Commons at Overland, LLC Located Northeast Corner of S. Eagle Road and E. Overland Road 1. Request: Execute a Development Agreement Required with the Annexation of the Property for the Purpose of Including a Concept Plan and Specific Provisions Relevant to the Development of the Property De Weerd: Item 10-B is a public hearing continued from December 15th for Eagle Commons at Overland. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification on the I-84 Center development agreement. This site consists of 21.25 acres of land, zoned C-G, located northeast of the South Eagle Road, East Overland Road intersection south of I-84. This property was annexed back in 1995 as part of a 74 acre development area for the I-84 Center, which consisted of 73.5 acres of land that was proposed as a commercial planned development to develop with a 700,000 square foot retail power center. The applicant for that project chose not to proceed with development and the development agreement was never executed. However, the provisions of annexation still applied to the development of this site. The Comprehensive Plan future land use map designation for this property is mixed use regional and this is an aerial view of the property. The Elk's property is here to the north and, then, this property is owned by Kissler. The applicant requests approval of Meridian City Council January 5, 2016 Page 14 of 54 a modification to the provisions of the development agreement to include a new conceptual development plan and specific provisions related to development of this site. This was the conceptual development plan that was approved back in 1995 with the annexation. As you can see, all the retail buildings are kind of around the perimeter of the development with internal parking. The applicant has submitted the proposed concept plan to change in the agreement. The previous provisions required the donation of a well site to the city, which the city engineer deems has no longer necessary and the requirement for the property to be subdivided and a conditional use permit required for all development. Staff has verified that the subject three parcels are original parcels of record per the city code and are, therefore, eligible for building permits if the pending property boundary adjustment application is finalized and the conditional use permit should only be required if the use is listed as a conditional use in the C-G zoning district. The other provisions are now standard development agreement -- excuse me -- development requirements contained in the UDC that staff did not recommend are included in the new development agreement. The proposed concept plan before you depicts three phases of development. The first phase will include the construction of a two story, 86,000 square foot store for Norco and associated parking and drive aisles on Lot 2. That is this building right here. The ground floor will have a retail showroom for medical and industrial supplies, with a warehouse and retail storage. The second floor will house the new billing office for the medical side of Norco. The second phase will include the construction of an 86,000 to 95,000 square foot single story commercial retail store on Lot 1. That is the major A building right here. The third phase will consist of a single pad site on Lot 3 along the west boundary of the site . No specific users are identified at this time. The Five Mile Creek runs east-west along the southern boundary of the site. You can see here the -- this area right here and across the proposed driveway via East Overland Road to the east boundary of the site. The driveway you can see is proposed down here. This is the light at the intersection here at Overland. A ten foot wide multi-use pathway is proposed along the north boundary of the creek in accord with the pathways master plan within a public pedestrian easement. A portion of this project lies within the Meridian flood plain overlay district. A flood plain permit application is required to be approved by the city prior to any development occurring in the overlay district. A driveway is proposed for access via East Overland at a signalized intersection, East Overland Road and South Silverstone Way. The concept plan depicts a 30 foot wide commercial driveway around the perimeter of the site for temporary access to the Norco site and two emergency accesses for the fire department are proposed at the west boundary of the site via south Rackham Way that will be gated until such time as Lot 3 develops and that is right in these locations here. A cross-access easement is required to be provided to the property to the east, Zamzow's, where the driveway stub is currently located and that is generally here in this area, I believe. Based on ACHD's comments, right of way is required to be dedicated along the west boundary of the site to widen South Rackham Way to local street standards and along the east boundary of the site to provide public street frontage to the Steer property and that is right in here, which will allow for the development of a stub street in that location in the future if the property redevelops commercially as anticipated. And construct South Silverstone Way from Overland as a collector street through this site to the north property boundary for future extensions. This will allow both the Elk's and Zamzow's properties access to the signalized intersection. Meridian City Council January 5, 2016 Page 15 of 54 Again, I will back up to the aerial here. This is the Elk's property to the north up here, I-84, and, then, the Zamzow's building down here at the southeast corner. A 35 foot wide street buffer is required along East Overland Road as an entryway corridor. A 20 foot wide street buffer will be required adjacent to the future collector road and a ten foot wide street buffer is required along South Rackham Way, a loc al street. A six to eight foot tall fence or a wall is required to be constructed along the east boundary of the site adjacent to residential uses with the first phase of development. These lots right here are all residential lots in Jewel Subdivision. The applicant should work with the neighbors to determine an appropriate fencing height and material. The p roposed development agreement only applies to the subject 21.25 acre property. When the remainder of the property to the north develops, the developer of that property will also be required to enter into a development agreement subject to the terms of the annexation, unless otherwise modified. The provisions of this agreement do not apply to that property and that is the Elk's property up here. Written testimony has been received from Jeff Huber, the applicant. He requests the following changes to the staff report. You guys should have also received a copy of that. I will run through them real quick. DA provision number two, they would like to remove the requirement for a 20 foot wide street buffer along the collector street as one isn't proposed. Staff agrees with this only if Council doesn't require a collector street. The applicant is asking for only the driveway to be provided. Condition number three. Only require a 20 foot -- 25 foot wide buffer along the back side of the residential lots, not within the floodway area. Staff agrees if Council does not require a collector street again. Number eight. Allowance of a property boundary adjustment or subdivision of the property prior to the second phase of development, instead of just a subdivision, since there are three original parcels of record. This is a carry-over provision from the existing development agreement provisions and staff is in agreement with the applicant's request. Number nine. The applicant does not agree to providing a cross- access easement to the property to the east, Zamzow's, where the driveway stub is located, without them paying their share for the cost of the access born by Kissler. Staff does not agree with this request. Number 13. Remove the restriction for a one story building on Lot 1 and allow future construction to comply with UDC standards for the C-G district. Staff does agree with this requested change. Number 16. Remove the requirement for dedication of right of way for the construction of Silverstone Way from Overland to the north boundary with the first phase of development. The applicant is willing to work with adjacent property owners, ACHD and the city to find an equitable solution for access if current access isn't acceptable. This is a recommendation of ACHD and staff does not agree with this change. Number 17. The applicant requests removal of the requirement for additional right of way to be dedicated along the west boundary of the site to widen South Rackham Way. Again, this is a recommendation of ACHD and staff does not agree with the proposed change. Number 18. Modify to only require a six foot tall fence, rather than an eight foot -- six to eight foot along the back side of the residential lots outside of the floodway. Staff agrees with a six foot tall fence if a dense buffer that allows trees to touch at maturity per UDC 11-3B-9C is provided for the area outside the floodway. Number 19. Modify to allow for additional building permits beyond one to be issued with approval of a property boundary adjustment. Staff is in agreement with this change. And number 22 and 23, the applicant does not want to be obligated to pay for upsizing a line for the adjacent property owner's future project. They believe that they Meridian City Council January 5, 2016 Page 16 of 54 should pay the additional cost. Staff's comments on that is if -- if any oversizing is required the applicant may potentially be eligible for a reimbursement under Meridian City Code. Staff is recommending approval of the modification to the development agreement per the provisions in the staff report and the changes I just mentioned. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On dredging up memory of the last time something was brought on this project, the biggest issue was the concerns -- it's addressed here. A floodway permit application is required to be approved by city prior to any development occurring in the overlay district and, then, along with that, along the west boundary of the site there are required to widen South Rackham Way. As I recall, those have always been required of whoever brought anything forward on this. One of the major issues was they weren't able to work out the flood plain permit and the widening of the road. There was some assessment made that widening that road would require a fairly expensive bridge or the flood plain would be backed up and it would change the nature of the flood plain. Am I remembering any of that -- I'm looking at Clint, but am I remembering any of that correctly? It seems to me there was an issue that previous applicants haven't been able to re solve. Dolsby: Madam Mayor, Members of the Council, Council Member Zaremba, I do recall something similar to what you said. I don't recall the details of that. I think it was a Council meeting I was at where this was brought forward several years ago, though, that you asked some of the same questions. Zaremba: It was many years ago and my concern is whether or not the requirement to preserve the flood way and get the application is going to be difficult. I'm suggesting that some engineering be considered before the application -- before the applicant moves ahead. Maybe. Dolsby: I'd agree with that. De Weerd: I think it's probably a good question for the applicant. Maybe their representative can -- can answer that. Zaremba: Thank you. De Weerd: Any other questions at this point? Okay. Would the applicant like to make comment? Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Meridian City Council January 5, 2016 Page 17 of 54 Huber: Madam Mayor, Members of the Council, my name is Jeff Huber. My address is 8385 West Emerald in Boise. De Weerd: Thank you. Huber: And represent the applicant. Staff's done a wonderful job of introducing this project to you and we are proud to present it tonight. A lot has changed since 1995 when the original project was brought before you. Mr. Kissler purchased this property in 19 -- in 2004 and has been planning his project ever since then. He realized at some point that he would need additional access, because Rackham Way would not be sufficient for this project. In 2014 he purchased from the Sundance company an access for his project. Since then we have met with the city and in May of this year -- or last year and had a pre- application meeting and went over -- discussed this with staff and we -- at that time the access did come up and that was an issue. We went out and reached out to the Elk's to the north and have had ongoing discussions with them regarding the access to this property, as well as the property to the east Zamzow's. But we have been unable to reach an agreement on the improvements across for the collector street, that ACHD would like to see built and that staff is proposing. We feel that our project doesn't warrant a collector street and -- but we are willing to preserve reserve right of way for that street in the future if we can reach an agreement with the adjoining property owners on the cost. We came back to staff again in October and had another meeting. At that meeting the development agreement was brought up from the previous project in 1995. So, we have applied -- this is where we are tonight. We applied for a development agreement modification for a development agreement that doesn't really exist, but was part of the annexation from the previous applicant. The timing of this -- of this project is critical to Mr. Kissler. As you can well imagine, the relocation of 200 to 300 employees just doesn't occur overnight, it takes months and years of planning and, then, the timing becomes very critical as it all comes together and the project is built. So, it's not just the building of the project, but it's the moving of the employees, and we have incurred a couple of delays along the way and following the last pre-application meeting we had in October, we had a meeting with ACHD and they at that meeting requested that we build a collector street. We -- we told them we don't feel that's fair. Our development does not warrant a collector street and if the collector street is going to be in that location, everyone should share in the cost. There are a number of costs associated with that access. The modification of the traffic signal, there are latecomer fees associated with that traffic signal. There are construction costs of the roadway itself and related improvements and there is the cost of the acquisition of the access that has been incurred by Mr. Kissler. So, that is the -- one of the main reasons we are before you tonight requesting that that condition be deleted. There is access -- the Elk's property has access via Rackham Way and via an easement -- a recorded easement through the Jewel Subdivision in this location. Those properties were purchased with that, knowing that that was their access at that time when Mr. Kissler purchased his, knowing that Rackham Way was his access, but would not be sufficient in the future for his project. So, that's why he went and spent quite a large sum of money for that access and we feel it's only fair that the other property owners share in those costs, if a collector street is going to be there. The timing is so very critical for -- for this project. I Meridian City Council January 5, 2016 Page 18 of 54 think I'd like to have Mr. Kissler come up and kind of describe the project for you, so you can see what's going to be coming into the city. De Weerd: Good evening. Thank you for joining us. Kissler: Yes. De Weerd: If you will, please, state your name and address for the record. Kissler: Yes. Jim Kissler. 1591 Sendero Lane in Boise, Idaho. De Weerd: Thank you. Kissler: Thank you, Madam Mayor and distinguished members of the City Council. Rather than really describing the project, I think I will just take a few minutes and give you a little history on the -- the history of Norco, the company that my father and I built when we bought it since 1968. The business has grown considerably. He bought two branches. We were down in Boise and in Twin Falls, Idaho. Now we have 70 branches and some of those are large medical facilities. Initially this was an industrial supply company, but we sell oxygen, so we are in the medical business. So, we are doing a consolidation of the medical billing process that's done out of these seven regional states and in bringing it back to Idaho. It's a little bit more efficient to do billing in our central location, rather than Kalispell, Klamath Falls, Bellingham and Elko. So, in making that decision our billing facilities don't fit in our existing facilities, as we have consolidated. We are over on Amity Road by the airport and that's a three story building, but there is a lot of labor involved. So, the real urgency on this project has to do with that second store that's 40,000 feet and that will mostly be billing people. Much the same way that Blue Cross is on Eagle Road and, then, they do their regional billing, too. So, that's kind of the time frame. I was hoping that we would be moved in by the end of this year. Now we are kind of dealing with this whole access and the cost -- cost of the project. By just putting Norco out there in that corn field -- and you will remember that, basically, I have done two other Norco buildings in Meridian, one on Fairview originally and, then, now we are out on Eagle Road and Ustick and we kind of built that one out in a field, too. But it is expensive to bring the utilities. We are set farther back from the -- from the roadway on this particular -- because where my land is, it's more in the center of this 90 degree -- 90 acre parcel. So, that additional cost of having to put that roadway in and the acquisition of the land puts about two million dollars onto our project. My building would be about ten million dollars to do that anyhow and I expected to have a co-tenant out there that was shown in that major building right next to mine. That hasn't come to fruition and this access issue has been kind of part of the problem with that. I'd like to go forward with this project if we can work through these issues and bring these jobs from Boise to Meridian, but the cost of having to add 20 percent to the project for me having to bear that entirely is a pretty big cost. I paid for my access and we have had meetings with the neighbors, friendly meetings, because I know the people from the Elk's and I know the Zamzow family. To say, hey, we will give you your access, but we would like you to share in the cost of this, to help to defray the cost of my project. So, if we can get the approvals tonight that we Meridian City Council January 5, 2016 Page 19 of 54 are looking for, we want to do the project, we want to come out to Meridian, bring these jobs and I need to do it in kind of a timely fashion. I'd take any of your questions if you like. De Weerd: Council, any questions for Mr. Kissler? Okay. Thank you. Thanks for being here. Kissler: Thank you very much for your time. Huber: We would request your approval tonight. We are in agreement with the staff report, with the exception of five items and I'd like to go through those with you. Condition number eight is a -- no. Excuse me. Condition number nine is a condition to grant access to the property to the east -- properties to the east. Zamzow's. The Steer property. And we would request that that be deleted, because of the issues that we brought forward to you tonight. Condition number 16, again, is the requirement to provide access to the property to the north via a collector street and we would request that that condition be deleted for the reasons that we have stated tonight. Condition number 17. There is 65 feet of right of way for Rackham Way there. We don't -- we don't understand what the additional need would be for a local street improvement. So, we would request that that be deleted. And condition number 22 and condition number 23 both refer to the -- bringing the sewer through and up sizing the sewer and water lines and we are perfectly willing to bring the sewer through, but if there is an upsizing for other projects and other property owners, we feel that they should share in that cost. All of the other conditions we are in agreement with and we would request your approval and I stand for questions. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Huber, I may have missed it. Can you -- can you explain to me what your basis is for not thinking you guys would need a collector street? I don't know if I heard that -- that particular piece. Huber: Well, Madam Mayor, Councilman Cavener, our project doesn't -- isn't large enough to require a collector street and if we are going to build a collector street for the other parties to use, we feel that they should share in the cost. For us -- put it in perspective for you, if -- if I was just a barber and was going to build a barber shop there, would I have to build a collector street through to everybody if I was just going to have a barbershop with one chair in it? It's not much different than just Mr. Kissler's project. It's larger, but it doesn't warrant a collector street. It's just -- all he needs is a drive aisle. Cavener: Madam Mayor? I heard from Mr. Kissler two to three hundred employees? Huber: Yes. Meridian City Council January 5, 2016 Page 20 of 54 Cavener: With all due respect, that's a few more people than one person that would come for a chair for a barbershop. Huber: Well, sure, but it's still a development. Cavener: Sure. Huber: And the size of our development doesn't warrant a collector street and to require us to build a collector street would be a taking of our property without just compensation. Cavener: Thank you. De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor. The question I asked earlier -- have you actually done any advanced engineering to -- and what I'm focusing on is the flood plain permit application. Have you done any advanced engineering to determine whether that will go well or not? Huber: Madam Mayor, Councilman Zaremba, we have our engineers working on this project as we speak and improvements to Rackham Way, we are willing to do on the front of our pad -- parcel out there in phase three and I'm sure that there is -- you can engineer just about anything if you spend enough money on it. So, I'm sure we can get over that hurdle. Zaremba: All right. Thank you. De Weerd: So, I -- I guess my question is -- excuse me. Because of the center position you're in, I truly believe a collector road is appropriate. But is what you're saying if you build it you want latecomers where you will get some kind reimbursement? Is that how I understand it? Or you don't want to build it at all? Huber: Madam Mayor, we don't want to build it at all is the answer. We would -- we would build it if everybody would participate in it and we think that's only fair and equitable. To date they have been -- we have had our meetings with the Elk's and Zamzow's and they have not been willing to reach an agreement with us on the -- sharing the cost of that road and as I stated earlier, we are willing to preserve or reserve right of way for that road. Once those properties develop in the future, then, the road can be constructed to those collector standards with everybody sharing in the cost. But we are wi lling to build our project and the drive aisle today and we need to do that today to move toward. De Weerd: Okay. Well, I will definitely have a question for Justin, so -- Huber: Okay. De Weerd: Any further questions from Council? Meridian City Council January 5, 2016 Page 21 of 54 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I would ask staff this. This is not an unusual circumstance. We regularly have development where there is going to be another development behind them and several things -- sewer, water, and roadways need to be adequate to serve the future and, yes, that may not be this applicant's responsibility, but this not a unique situation. We have them all over the place and I guess my question is what do we do about who pays for it? De Weerd: Yeah. That was going to be a question to Justin. Zaremba: Oh. Okay. Watters: Madam Mayor, Councilman Zaremba, road issues would be a question for Justin. So far as services, there may be a latecomers agreement that they could enter into if upsizing is required. But other than that, our code does require services to be to and through and we require public streets to be extended and cross-access easements to be granted when access to a local street isn't available. Standard requirement. Zaremba: Thank you. De Weerd: Okay. Anything further from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Jeff, with regard to the cross-access, is it the same argument that you make that you don't want to pay for it exclusively, as opposed to it's not even necessary? Huber: Well, our project does not warrant a collector street and we -- but we are willing to pay our pro rata share of a collector street -- Borton: Right. Huber: -- if the other parties are willing to chip in also and share in the cost. Borton: With regards to the condition number nine, that spoke to the cross-access to the east. Huber: Yes. Meridian City Council January 5, 2016 Page 22 of 54 Borton: Merely granting the cross-access itself was objectionable. Is it the belief that it's not required? You shouldn't be required to put in -- or provide cross-access or that you -- it's appropriate, but you don't want to pay for it exclusively? Huber: Correct. We -- if we grant access, then, we -- they wouldn't have to pay for it. They wouldn't have to pay for the -- for the improvements to this signal and the collector street that they would all benefit from. Borton: Okay. Thanks. De Weerd: Thank you. Huber: And in closing I just wanted to reiterate that these properties do have access from a local street currently. Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? White: Jason White. White-Leasure Development Company. 8385 West Emerald Street. To answer your question, Councilman Zaremba -- did I get it right? We have done -- Quadrant Engineering has done the hydrology study on the Five Mile Creek and we are -- that's why the buildings are set to the north. So, we will stay out of the flood way and flood plain. What wasn't studied was how -- the inlet at Rackham Way. So, we don't -- we don't really know the answer to that question of widening Rackham Way would do anything to that. But we did study that whole -- the rest of the Five Mile drain. De Weerd: Okay. Justin, I guess we had a question about this collector and how Ada County Highway District typically addresses this kind of scenario. Lucas: Thank you, Madam Mayor. Just for the record, Justin Lucas, representing the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. Just to begin, application before you tonight is a modification to a development agreement. So, in these situations ACHD doesn't have a -- really an application to comment on specifically because we are not parties to your development agreements with developers. That said, oftentimes you do have requirements within development agreements that affect the highway district and there is, you know, a mutual understanding between our agencies. But I just want to make that clear, because that's why you don't have an official staff report or anything like that from ACHD, because there was nothing that we were able to really respond to that was submitted to us for -- for official review. That being stated, the collector street -- this is a -- I think it's accurate to say this is not a unique situation, we deal with this all the time where a collector street is required of one landowner or property owner that provides access to another landowner or property owner. That happens all the time. It's something that ACHD consistently requires and is something that -- we require it because collector streets are built by development. They are built through development. ACHD has no program to build collector streets, those are built by developers and so we -- in coordination with the city try Meridian City Council January 5, 2016 Page 23 of 54 to come up with a logical way to extend those streets through the development process. So, the comments you heard tonight were ACHD's, after looking at this, thinking this is the most logical way to extend that specific street. So, I don't know if that helps to answer your question. When it comes to who pays for it and -- and oftentimes are these streets built through some kind of cooperative agreement between landowners, I'm sure it occurs. Rarely does it occur with an official agreement with the highway district. Those are typically deals that are struck between the property owners. But the streets get built and ACHD is not necessarily party to who is financing the roadway. So, I don't know if that answers your questions completely, but that's the -- that's some information. I will pause for any questions you might have. De Weerd: Council, any questions? Mr. Cavener. Cavener: Madam Mayor. Justin, thanks. And I just need some further clarification. The applicant is saying that they don't feel that the amount of vehicles that are going to be coming to their development warrants a collector. Maybe you could just explain to me a little bit more the basis from ACHD as to why you think a collector is warranted. Lucas: So, I will explain -- let me start with this: To my knowledge there has been no traffic impact study performed for this development, so I have no data or -- or document to review that would give me an answer on the number of trips going in and out and things like that. So, at this point in the process ACHD has reviewed no such document. That being stated, oftentimes streets such as this, whether it be a collector or just an extension of a local commercial street, are oftentimes built without entirely being warranted by one single development, because they are built to serve the entire area. It's a public street. And so oftentimes it's not uncommon for a developer to be required to built a street that his sole development or her sole development may be -- may warrant. The issue is more of an issue of connectivity, rather than warrants of any specific development. De Weerd: So, basically, what I hear is until you get an application for what it is, you don't know if needs to be a local street or a collector and that, then, the applicant gets hit with an unexpected -- let's say they are now working into their finance plan a local street and ACHD, once they get their application, say, well, no, it needs to be a collector -- based on what? I mean I would imagine that you would know what that street needs to be, because of the intensity of the land use out there and isn't it better to know what the expectation is going into this -- I mean staff could pull out any reference to road and say whatever ACHD wants you to do, but I think it needs to be above board, so the people that are looking to develop know what is expected and if it needs to be a joint venture between several different property owners, they also know what it all entails. Lucas: Madam Mayor, I can try to respond to that. The -- the issue of development intensity within any city can vary widely based on the zoning designation. If a piece of ground has a zoning designation of C-G within the City of Meridian, that could be so many different things and so, really, the highway district has no ability to predict what a piece of vacant ground with any broad zoning designation will require and so that is a difficult situation. As I stated, it's more of an issue of connectivity. Now, I don't -- I would have to Meridian City Council January 5, 2016 Page 24 of 54 look at our master street map, but I mean we have been talking a lot about a collector street tonight. I don't know if a collector street is actually identified for this area on our master street map. I do not believe it is. So, whether it's a collector or a local commercial street, let's just call it a public street. A public street connection between the signal at Overland and Silverstone north along this property line connecting and terminating into the Elk's property. So, that's been anticipated for a long time. There is a signal there at Overland and -- and Silverstone Way and the idea of connecting that to and through this broad vacant area I don't think has been under -- under the -- has been hidden in any way. There has always been an anticipation that there be a public street connected to the north at the signal into this area. The width of that street, the development requirements associated with that street -- you're right, they could vary depending on the intensity, but, to be honest, the difference between a local and a collector street in this situation is very little. It's 36 feet of pavement. The sidewalk width, you have some landscaping requirements associated with it, but public street connectivity in this area has been anticipated for a very long time. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did you say the cost difference between building this as a local street verses a collector is small? Lucas: So, I can't speak to the specific cost of this project. Let's just say generally, yeah, a collector street and a local street per -- built by a developer, as I say, the width and the improvements are not extremely different in a commercial setting. A residential collector street versus a residential local street, there could be some significant -- there could be differences there. A sidewalk and other things. But this type of street, which serves primarily commercial, there is not much of a difference there from a width standpoint. And in a situation like this on a shared property boundary, ACHD does not require the entire street be constructed by the one developer. The one owner they are required to build basically half a street, plus 12 feet of pavement to accommodate two way traffic. So, they are not necessarily required to build all of the curb, gutter and sidewalk improvements that would, then, be born by the other property owner when there is a shared property line. But all of those details, as I say, have not been analyzed for this specific development, because it's a development agreement modification and there is really no -- no detailed plan that ACHD has been able to review at this time. So, I don't know if that helps or hurts the situation, but that's the -- I can certainly stand for any other questions you might have. Watters: Madam Mayor, may I comment on -- on the issue of the development agreement modification? That is correct, it's only a development agreement modification. ACHD typically comments on subdivision applications. A provision of this original development agreement is the terms of the annexation did require this property to be subdivided prior to issuance of any building permit. That was probably the reason, so that ACHD could do a traffic impact study and take a look at the street requirements for this property. With this DA mod tonight the applicant is asking for that to be removed and for subdivision of the Meridian City Council January 5, 2016 Page 25 of 54 property to not be required and for them just to be issued building permits. So, that is something that the Council should consider very seriously with this application. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. It comes as no surprise I have a sideways question on this and it's about the viability of Rackham Way. I don't remember whether it was a previous application on this property or a discussion about the property just to the south between this and Overland, but the current use of Rackham Way is ACHD park and ride lot and access to a farm, not commercial property or anything with heavy use and the issue was the proximity of the intersection of Rackham Way, how close it is to Eagle Road. It doesn't meet, as I recall, ACHD's setback requirements and I know that the fire department had a great issue with being able to access Rackham Road from Overland making a left turn off of Overland and I know there was some special striping, identifying islands and don't cross this line and block this intersection. I'm not sure how that's working. We may want to hear from our police or fire departments. But my question to you is do -- and this puts you on the spot. Do you have anything in mind that this access to Rackham Road -- Rackham Way may go away? I think there was discussion about moving that intersection and what -- what's the current thinking about that? Lucas: Yeah. Madam Mayor, Councilman Zaremba, Members of the Council, Rackham Way, you're correct, is a substandard street that's an historic street that's been there a very long time. As this area develops will not adequately serve the needs of higher intensity. Just to quote in the memo that was sent over to Sonya, December 21, 2015, ACHD is considering and would consider a vacation of Rackham Way, would be removing it off -- removing it as public right of way, as long as some kind of other access is -- is available. If Silverstone Way is connected as a public street with a signalized intersection and can provide access to this entire area, Rackham Way becomes somewhat -- not needed in many ways and can, then, be used for other purposes and so that's just what -- what is referenced in this -- in this memo is that Rackham Way would need to be vacated or improved adjacent to the site if there is a desire to leave it as a public street. So, I think ACHD would certainly consider vacation of Rackham Way. So, it would no longer serve -- serve this area if there was an alternate, more viable access. Does that help answer your question, sir? Zaremba: It does. Thank you. I don't know -- while you're standing there whether police and fire want to chime in on it or not, but -- Palmer: Madam Mayor, Members of the Council, Councilman Zaremba, from our standpoint currently when we do have calls in that area to access it is difficult, because there is so much congestion and I would agree with Justin that should that area intensify with traffic, it's just going to exacerbate the issues that we currently experience there. People rarely observe the lines and often block that traffic to position themselves for the moves that they want to make onto Eagle, so it does create quite a bit of congestion and safety concerns for us when responding into that area currently. Meridian City Council January 5, 2016 Page 26 of 54 Overton: Madam Mayor, Members of the Council, Councilman Zaremba, from a police perspective -- I mean one month out of the year that's a zoo. The other 11 months we don't generally get a call out there. Police cars, of course, we can get to places that the big fire trucks can't get to, but we were always hoping our planning over the past decade that eventually when that road went through, Rackham Way would go away and we wouldn't have that issue with having that road so close. Zaremba: Madam Mayor? So, I guess what I'm leaning towards -- we have a requirement for the applicant to make improvements on Rackham Way. I would rather have them spend that money on -- on the public road that accesses the signal and I'm wondering if that's -- is that a possible trade? I don't know whether that's an ACHD question or a development question. Lucas: Madam Mayor, Members of the Council, you know, certainly if ACHD were able to review a subdivision on this site that is where ACHD is able to do a more thorough analysis of opportunities and options available for -- for a development of this scale and scope. So, absent of that, you know, ACHD, due to our special purpose nature, it doesn't have a lot of authority when it comes to some of these -- of these types of situations and so I can't say what would happen during that process, but certainly it's happened in the past through the subdivision process, there is a vacation and exchange, that all of those things are possible and have happened many, many times in similar situations. Zaremba: Thank you. Just a comment. I think my take away from this part of the discussion is that we need to preserve the requirement that they do a subdivision. That's totally sideways from what we are talking about, but I -- that's the conclusion I would draw. Lucas: Thank you. De Weerd: Okay. Anything further from Council? Any other public testimony before I ask the applicant to provide closing remarks? Good evening, Larry. Leasure: Good evening, Madam Mayor, Members of the Council. Larry Leasure. White - Leasure Development Company. 8365 Emerald. Appreciate a chance to make a few closing comments as it relates to this particular project, because this is unusual. We have done over a hundred shopping centers. We have some idea how they work and what needs to happen and when there are collector streets and so forth. Or private streets. Many of our developments have private drives, which is what initially we had talked about here in this particular project, because we are not talking 90 acres here. There are a few of us that were around in 1995. I'm not going to look at any of you that were there with me in 1995, but I can tell you this particular site and what's happened since that time in Meridian is, obviously, pretty dramatic. But I will always share with you that in 1995 you saw a plan that staff presented tonight. That was one of 50 plans that were laid out on this site. I'm talking the 90 acres. This is 20 acres of that 90 acres. This parcel can, in fact, be developed with a private drive, if they have access off of the main element. At no time was there a final commitment as to where the location would be of what we are now calling a collector street. The site plan that's before you right now, that was the one that Meridian City Council January 5, 2016 Page 27 of 54 ultimately you approved, which never happened. Developer walked away and nothing was developed. The truth is a majority of the plans that were drawn on this site -- because at the time Sundance was developing their project, they didn't know exactly where that location was going to be off of Overland. Number one. At the same time there was much discussion about an access point off of Eagle Road and the need for that to happen and why that could. In those years perhaps that could have been done and I can tell you for sure that if we had been involved we would certainly have been trying to make that happen for access for a 90 acre location and I think that that was very important. The other thing is the major access point, yes, came off at this location, meaning off of Overland, but, then, this is Five Mile. Well, that's really where the roadway went on a majority of the applications and the site plans that were drawn and the buildings were back against the real estate, not upon the freeway. So, in other words -- this keeps acting up here. Sorry about that. Let me try your -- Watters: Larry, select a color at the top if you would. Push one of those buttons up there, then, you can draw with it. Leasure: Oh. Great. Thank you. So, in the very beginning when you're talking the 90 acres, the access was up here, wrapped around here, tied into what was Rackham Way and, then, the buildings were all here and you will find back in the staff archives that that's really the way it was developed. So, when we started master planning the 20 acre site with Norco and their property and what we could do, we looked at this site from the standpoint of how it could be integrated long term, not knowing what -- what the Elk's or the future buyers of the Elk's property would do. So, we actually moved our buildings over to the west in the site -- in the other site plan -- in other words, our initial buildings were over -- over -- over off to the side here and so -- is there green? I will try green. No, it's not working. Anyway, what I'm saying is that at no point this collector that we are talking about tonight was ever dedicated to go in this location we are talking about this evening. We felt it made more sense for the future -- we were proposing a private drive, which we have been all along when we met with ACHD. For the time being an access drive, like any other private drive, would be built to ACHD standards and your standards to take care of this first phase of the development. We don't need 37 feet -- and, believe me, there is a difference in a full collector street and a residential street, number one -- I see the light here. But the bridges -- the cost to build a bridge over this area that you're well aware of, the -- of the wetland area that we have been able to solve. So, timing is -- is our question. We are sitting here with just a small portion of the 90 acre site. We can develop this site with private drives, still serving access to the Sundance, which is in our agreement, which is the piece to the west, and we can move forward, reserving additional real estate -- reserving that hundred foot strip for the future when an d if something ever develops in back or we come back for a more intense development in the future and that's what we are really proposing. It's an area of fairness here as far as the improvements to the infrastructure and the construction and, more importantly, the acquisition -- this all had to be acquired. This was not a public access ever at any point. This had to be purchased from Sundance. All of this. And was very substantial in cost. So, we are asking you to approve it. We will get ACHD approval on the private drive that we have proposed here or as located. We will reserve all that hundred feet, so that something in the future could Meridian City Council January 5, 2016 Page 28 of 54 happen. The folks to the east that -- that there was some discussion, it's a residential parcel. It's zoned for residential. It's the back sides of their homes -- of their properties that we are now being asked to give access to. I don't know whether that's for their trailers -- I don't know what that accomplishes pushing all of that back down onto -- onto our property. But that's why we have also suggested we don't think today until that -- that happens. There is no question the Elk's property will be developed at some point. We all know it's for sale. There have been numbers of people looking at it. When t hat happens we are anxious to sit down with those folks -- the rights of way are there. We just don't have to go in and build that today for a 40,000 square foot building, a two story building that today Norco is proposing to bring into Eagle. The subdivision -- we understand also the -- the need for subdivisions. One big question though. We have three legal lots today that we can build on in the City of Meridian. We are requesting that one building permit to go to get Norco moving and going forward. A subdivision is six to eight to nine to 12 months -- you might as well wipe it out for them doing anything this year with that subdivision and legally we have a lot -- we have a lot that goes back and is legal and we are requesting that that be approved, so that we can move forward on this one building and that's the timing. We are not -- the other is -- De Weerd: Okay. Larry, you need to wrap it up. Leasure: Thank you for your consideration and we understand it. Thank you. Zaremba: Madam Mayor, I do have a question if I may. De Weerd: Mr. Zaremba. Zaremba: And I'm basing -- De Weerd: Mr. Leasure, I think he has a question for you. Leasure: Yeah. Zaremba: The suggestion has been made that in the past there have been arrangements where a public road is required, that one applicant builds half plus 12. In other words, you're not required to build everything and all the accoutrements that would be on the east side of it. Frankly, I don't buy that anybody would look at this and not expect that roadway to go through there. But my question to you is if there were some way not make the improvements on Rackham, could you do the half plus 12 where the signal is? Leasure: That definitely would be an option to consider with the applicant and I hear where you're going with that as a possibility of phase one or step one. It's a possibility. Zaremba: Well, the people on the east side would be required to complete the rest of the street, so -- Leasure: Right. Right. And -- Meridian City Council January 5, 2016 Page 29 of 54 Zaremba: Or north -- to the north. Leasure: Yeah. Zaremba: Either one. Leasure: Yeah. Zaremba: I just want to throw that thought out there. Is that something you would be willing to consider? Leasure: Well, I'd have to talk with our landowner potentially there and the -- De Weerd: You can't from there, but you can come up here. Kissler: I don't want to make this complicated or drag it out. Do I repeat my name and address? De Weerd: Just -- you can just state your name. Kissler: Jim Kissler. De Weerd: Thank you. Kissler: I bought that little panhandle of land from the Sundance people and I paid a half a million dollars for it. Ten dollars a square foot. Okay? So, there was no roadway. When I bought that land as farm property my access would have been Rackham. So, I made arrangements with the Andersons over there at Sundance and I said if I'm going to do anything more than the house that's on here, I'm going to have to have a wide access and I bought it wide enough so that a hundred foot road -- isn't that what we planned to put in there? A hundred foot road and it could be a big wide access. Now, I'd like to have it, too. I wish somebody else would have put it in coming across my property, but I can't just expect it. So, the Elk's have two separate locations where they do have access. It's somewhat inadequate, just like my access was inadequate for me to get a lot of traffic in and out. So, I bought that access to come up to that intersection, with all the baggage that came with it. I have got to put the lights in and all the other improvements. So, when I go to my neighbors -- and we have had dialogues. I have got a friendly relationship with the Elk's people, okay? But I'm expecting them to do the same thing. It's not just a matter of an additional 14 feet of asphalt there. I would be happy to do that if we were just talking asphalt. But there is a value to that land, which I had to pay and there is an additional two acres coming across my property of the 20 that is going to be that hundred foot wide access. So, why do I have to put in what would be a four lane road for the luxury of my neighbors, when I don't need it for this development. So, it's not just putting in half the roadway, it's sharing the cost, and sharing the cost of those larger utilities if they are going to put in something very large back there. But somebody that comes and buys the Meridian City Council January 5, 2016 Page 30 of 54 property from the Elk's is going to have to have some consideration for -- we need access, we need to pay Mr. Kissler for it, myself, and reimburse my company or else we are going to have to widen Rackham, relocate Rackham, so that it's not so close to that intersection, which would be bothering the police and ambulance and fire department and they have to make something cost in their land to be able to develop in the future much the same way that I did. So, I go to my neighbors, Jim Zamzow and the people at the Elk's, and tell them do you guys want to ante up for this thing and we have given them written proposals and they sit back and say, no, because we suspect that the city might require it of you. It is kind of a taking. It's not necessary for my project . They can buy it the same way I did. And that concludes my comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Larry, I think -- I think -- and you would agree with me -- that Silverstone is the only way to get into all that property back there. The other road is so close -- it's a hazard for our emergency vehicles to go out there. In fact, some of our trucks have to go down and make a u-turn to get back and get on it. It's -- it just -- and we have got to -- we as a Council got to look out for the future of the development out here. While Mr. Kissler's developments are great and we appreciate him bringing them to Meridian, we appreciate everything they have done for Meridian -- been in Meridian, we -- we have got to be practical about -- it's across from a collector, it's got the lights there. It's got to be the deal. And it -- he can take it to the property line. We don't have a traffic study. He's going to have a lot of employees out there. How many car trips are going to be coming, how many other stores. You have trucks coming in and out. Are you going to have your delivery thing out there and stuff? So, you're going to have big trucks coming in and out. I just -- I feel for this -- this development at this time, that that should be a collector and we -- everybody that is first in line -- you know, it's just like doing -- redoing an intersection, the first two developers usually wind up paying all the deals. The other on the corners get away scott free; right, Larry? Leasure: That's right. Bird: Okay. So, this is -- I know it's an added burden, but I think as a city and looking out for the city, the safety -- my biggest thing is safety for our emergency workers and everybody else -- the public period. I think that's got to be a collector, because it's across from a collector and it also has the lights there now, so -- while I -- I just -- and it would be nice if the Elk's and Zamzows would go in with you. You can certainly approach them on that. It's done all the time by developers, agreements and stuff, and I just think that's got to be the collector road and that other one goes away. De Weerd: Anything further from Council? Kissler: It's not necessary for my development. Meridian City Council January 5, 2016 Page 31 of 54 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I have a question for staff. Speaking of Rackham Way, that access isn't going to go away. It's connected to the Overland Village. You reference that in the staff report from '08. Watters: That is correct. Borton: So, speaking of vacating Rackham Way, it might be from this project site to the north perhaps, but not south. Watters: Madam Mayor, Councilman Borton, when Overland Village came in -- I'm not sure if you're aware of this already, but it did include a request to vacate a portion of Rackham Way. Council did approve that request, but they never followed through with ACHD and obtain approval to vacate it. Borton: Okay. Watters: So, it's still in its current configuration. It is approve -- been approved to be relocated I believe right in here where my pointer is on the screen here. Borton: Okay. Vacated and relocated, not eliminated altogether. Watters: Yes. Vacated and relocated. De Weerd: This is really odd. We usually don't have a discussion on what ACHD may or may not require and not being the road department this makes it very awkward. We do have to look at the future and whether the demand of this particular development would warrant a private road versus a public road. It has to be a public road, because it's -- it's what connects to the northern piece and it's what connects that entire undeveloped area to a traffic light, which, as Mr. Bird pointed out, we have responsibility for the safety of -- of our citizens and the developments that we approve. Who pays for it I think is really an Ada County Highway District thing in can you require a latecomer that if the northern piece wants to connect to a traffic light they have to pay to get there. I don't know. We typically don't discuss this, which is what makes this odd. What we can say is that can't be a private road. It connects to a lighted intersection and it would not be -- we would not be doing our job for all property owners and for our public to say it's okay to just make that a private. I do think this is an ACHD issue and it sounds like until you put an application in front of them they are not going to weigh in. This is an oddity. I don't think we have ever had this discussion before. So, we apologize we are clunky in this conversation, because this is not our forte. It is not in our well house, but it's important all the same. Milam: Madam Mayor? Meridian City Council January 5, 2016 Page 32 of 54 De Weerd: Mrs. Milam. Milam: So -- and the way I see it makes -- see if I'm correct here. We -- we could either send it for a subdivision and, then, ACHD -- with the requirement that we just go with whatever ACHD recommends; right? Or remove that -- or require it be a collector street. I don't think we really have any other options in order to keep it in a setting -- maybe if the applicant would rather -- it sounds like they don't want to wait, because it takes a long time. Then ACHD could do their job and give it the proper recommendation. But -- but they don't want to wait. I don't think there is just really an option to get rid of it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just for clarification if I may. What we are asking is to modify the existing development agreement. The existing development agreement requires the subdivision; is that correct? Watters: Madam Mayor, Councilman Zaremba, the development agreement itself does not currently exist. However, the provisions of the annexation that were to go into the development agreement do exist. Zaremba: Okay. Watters: And, yes, they did require the property to be subdivided prior to issuance of any building permits. So, to alleviate this issue, this is -- you know, don't approve that. Zaremba: Don't approve the modification. Watters: Staff supported that with the conditions in the staff report, because the applicant was in a hurry and trying to get going and trying to get the building built. So, we were trying to work with them and that's why staff solicited comments from ACHD. It is abnormal, but that's the reason why. Zaremba: Follow up if I may. Refresh my memory also. We have had a discussion about people not signing development agreements over a great length of time. Have we established currently on new applications that there is a six month deadline or something? I -- this may be a question for Mr. Nary. I know we have discussed it over and over and gone back and forth on it and at one point we made it two years and my recollection is we have been talking about saying you either sign the development agreement within six months or we have -- we don't annex it until we see it. Somebody refresh my memory on that if you would. Nary: Madam Mayor, Members of the Council, that -- that is the current practice and it is -- I think that's in the ordinance update if I recall. In the past we, basically, just didn't annex the property, but in 1995 I have no idea. Councilman Rountree is not here. He's Meridian City Council January 5, 2016 Page 33 of 54 the only one that might know. I have no idea. But I know we have had other -- I know we have had other types of -- or other types of annexations where the property was annexed and there was either no development agreement signed and it was planned, as in this case, or it -- the development agreement just kind of hung in the balance and they didn't connect those two together. So, this was probably that I would guess, but I don't know. Zaremba: But we have fixed that for the future? Nary: Correct. Zaremba: Good. Thank you. Watters: Madam Mayor, Councilman Zaremba, on this particular project they allowed the annexation to take place, but the development agreement was required -- I believe it was prior to subdivision of the property is what the agreement said. So, it was rather abnormal. Zaremba: Okay. That helped. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, I know Mr. Kissler is wanting to get this building started and I don't like to hold people up. How important is the subdivision right now in this modified DA and can we accomplish that after we would give him a building permit that we still have any bite? Watters: Madam Mayor, Councilman Bird, yes, you could approve it without a subdivision per the staff report. The reason for the subdivision would be to get a traffic impact study and get ACHD's requirements. The bite would be certificate of occupancy. Bird: Follow up, Madam Mayor? If we were to approve it and Silverstone being a collector up to the property, then, that takes care of the one step you had with staff if that's what the staff agreed with -- isn't that what the staff agrees with is to get that into a -- Watters: To the northern property boundary. Bird: To the northern property -- Watters: To the Elk's property. Bird: -- as a collector road at Silverstone where the lights are. Watters: Yes. Bird: Okay. Thank you. Meridian City Council January 5, 2016 Page 34 of 54 De Weerd: Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I see what staff is trying to do. It's, you know, one or the other, if I'm following you with regards to the subdivision application or absent that preserving what we anticipate to be the roadway improvements that might come from that process. The problem being the process takes too long for the applicant's needs. I think Councilman Zaremba touched on a kind concept that might be worth exploring in the short term that tries to capture what Mr. Kissler is saying, which is a fair consideration in this unique circumstance, trying to fairly allocate the cost of this collector roadway. If I heard you right, Councilman Zaremba was making reference to rather than having this applicant construct the entire collector, it would be a requirement to construct much less and share that cost with property to the north, for example. The burden on this applicant would be to construct the one half plus 12 was one example, and perhaps some additional savings might be an amendment to the requirements on Rackham Way and improvements to that, at least adjacent to this parcel. I don't -- I can't do the math or feel comfortable if that's proper, nor probably can the applicant, but I imagine -- I would think within a short time frame, maybe even a week, that can be assessed to see whether that makes sense to explore, because if you can preserve some tweak like that, you can go forward feeling comfortable removing the subdivision requirement and approve a modified -- or approve the initial development agreement and have those specifics within it. I don't know if that conversation -- we don't want to reopen the door to latecomer agreements. I know those went away ten years ago, but if this situation invites that type of reassessment to see if there is some horse trading, for lack of a better word, but still allows the applicant to stay on a fast track, it does share some of the cost, is that feasible? Watters: Madam Mayor, Councilman Borton, what I think you're saying is allow the applicant to work further with ACHD to determine if that would be an acceptable option? Is that what you are proposing? Borton: I think ACHD and our staff certainly -- we have discussed this half plus 12 and eliminating improvements necessary on Rackham, there is true dollars to that and what I don't think -- I don't think the discussion is -- and I agree with the Mayor and I think everyone else up here, that the private road is truly what's the long term solution here, but I think what we are trying to do is create an equitable solution for the public street that's going to be there. Watters: Staff has met with ACHD, with the applicants. We can meet with them again if that's the route you would like to go. The next meeting is a workshop, it is not a public meeting, so we would have to continue it out for two weeks if that's the direction you decide to go. De Weerd: We can still put this on. Meridian City Council January 5, 2016 Page 35 of 54 Bird: We can still put it on if we need to. Borton: Madam Mayor? The only reason I throw that out there is just to see if the concept is worth exploring. If it isn't -- maybe nobody thinks it is, but I thought Councilman Zaremba's idea had some merit. Mr. Leasure was curious -- I just don't want to lose the opportunity to have those discussions. Watters: It may be a question for Justin from ACHD. Lucas: Madam Mayor, Members of the Council, Justin Lucas, Ada County Highway District. Once, again, this is a development agreement modification application and I know we have gone over how that's awkward to be discussing all of these items within this type of application. ACHD can accept right of way outside of the platting process and we have done that many times. So, a subdivision plat is not required for ACHD to accept right of way and to get a road built. Typically that's how we get it, because that's the only way we can require it and get it and so -- but if the -- if there is a desire by the city to move this forward without the platting process, but still get what I would call a public road connection -- I wouldn't even go to the point of collector, I would just call it a pu blic road connection from Overland to the north property line, there may be ways to accomplish that outside of the platting process that could be more expeditious for the applicant. So, that is possible. I can't -- I can't tonight explain all of those options, but I certainly know that's happened in the past and we have oftentimes, through other types of applications, gotten roads built. So, that is a possibility. De Weerd: So, I guess, Justin, the question is can you work with staff and the applicant and have some indication by next week? Lucas: Madam Mayor, Members of the Council, I can commit to doing everything I can to facilitate a meeting between our development staff, you know, City of Meridian development staff and the applicant. I can't guarantee it will happen. I certainly know that ACHD can make time available to attend a meeting to discuss options on this property. I can't guarantee resolution, because a resolution will come from various parties, not just ACHD. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just have part of this and, again, I will put you on the spot. We have a couple of these -- and I think of Pine Street east of Black Cat is a half plus 12 and maybe Venable south of Ustick. I don't remember where all of them are, but it's not uncommon. I think we have done several of them and I guess my question to you is how does that work out for ACHD? Eventually an adjacent property owner has to complete that. How do you track that? Meridian City Council January 5, 2016 Page 36 of 54 Lucas: Once, again, Madam Mayor, Members of the Council, Councilman Zaremba, through the development process what will happen is if a half plus 12 is constructed, when an adjacent property owner on the other side, the unimproved side, comes in and wants to develop their property, ACHD then requires them to complete the necessary improvements on their side of the roadway and that's very typical through the development process. There is probably -- you mentioned three or four. There may be ten, 20 or 30 -- there might be a hundred of these in the county -- you know, throughout the county. So, it's not -- a half plus 12 requirement, which is stated in the memo, that the extension of Silverstone Way as a public street to the north property line, this would include right of way dedication less than what is shown on the submitted site plan for future area and parcel construction, which is referenced in half plus 12 requirement. District policies support the extension of stub streets to and through developing properties. That's really what this all comes down to is the extension of what we would consider a stub at Overland and Silverstone to and through this property connecting to the adjacent property. Zaremba: Thank you. I'm glad you come to our meetings. Lucas: Well, I'm glad I can -- I can be here. Unfortunately, I don't work directly with the applicants on these issues and they are probably thinking to themselves who is this guy, but I represent ACHD as a liaison and I try to bring the facts the best I can and you have that memo I hope in your packet from Christy Little, who is the planning review supervisor, who outlines the basic requirements of what ACHD would expect in this situation. De Weerd: Okay. Anything further for Justin? Lucas: Thank you. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Question for Mr. Nary. On a roadway we don't have the power to make latecomers fees on a road. We do on sewers and stuff like that that we put in, but we don't and, I don't know, I should have asked Justin, but I don't know if they do or not. But it seems like -- I don't want to hold the building of this up or anything like that, but I do want some more clarification and I would like to see, if the rest of the Council -- I would move that we continue MDA H-2015-0024 to next -- to January 12th, 2016, and -- for resolution and to make -- see if the applicant, ACHD, which Justin said they would try, and our staff can work this out and make it clear, so that we can get this project going to the satisfaction of everybody, including our citizens. De Weerd: So, I have a motion to continue. Meridian City Council January 5, 2016 Page 37 of 54 Milam: Second. De Weerd: And a second. All those in favor say aye. Sorry, this is a motion. It doesn't have discussion. Cavener: That's why I said question for the maker of the motion. To the maker of the motion, is there any direction as to what they are meeting on? Is it on any particular item or all items in the staff report? Bird: All the -- all the controversial items, particularly the roadway and -- Milam: Everything that staff says they don't agree with. Bird: That they don't agree with. Let's get it looked at. Cavener: Great. Milam: Second agrees. De Weerd: Okay. Those in favor of continuing this until next week please say aye. Any opposed? Okay. I thought I heard all ayes, but I wasn't sure. MOTION CARRIED: ALL AYES. De Weerd: Okay. So, we will have our staffs get together and hopefully we can come back and have a shorter discussion with some clarity on direction. And I will say whoever put this on a short agenda -- I'm glad that I moved my parents out so my dad could eat. C. Public Hearing for Settlers Square Subdivision (H-2015-0014) by Seagle Three, LLC Located Near the Norwest Corner of W. Ustick Road and N. Venable Ave 1. Request: Preliminary Plat Approval Consisting of Twelve (12) Commercial Lots and Two (2) Common Lots on Approximately 9.001 Acres in the C-C Zoning District De Weerd: Okay. Item 10-C is a public hearing for Settlers Square Subdivision, H-2015- 0014. I will open this public hearing with staff comments. Beach: Good evening, Mayor, Members of the Council. This is, again, Settlers Square. It's a preliminary plat. The site consists of 9.001 acres. It's currently zoned C-G and is located on the northwest corner of Ustick and Venable Avenue. The subject site is surrounded by residential subdivisions located on the north and south sides of the proposed development, which are both zoned R-8. The commercial development is located east of the subject site, with a gas slash convenience store and a mix of office uses, which is zoned C-N. A little history. In 2008 the property was granted annexation Meridian City Council January 5, 2016 Page 38 of 54 approved by the City Council with the C-C zoning district for the Settlers Square Subdivision. A development agreement was approved with the annexation. A preliminary plat was also approved concurrently that consisted of 12 commercial lots and two common lots on the same acreage. The preliminary plat then expired in 2010, but the development agreement for the property does not expire and is still in effect. In the development agreement that was signed in 2008, the applicant was granted direct access to Ustick Road. Due to policy changes at the Ada County Highway District the applicant is no longer allowed to have direct access to Ustick Road . However, city staff and ACHD are supportive of a temporary access to Ustick Road until such time as the property to the west develops with an access to Ustick that aligns with North Blairmore Way. The Comprehensive Plan future land us map designation for the property is mixed use community. So, the applicant requests preliminary plat approval consisting of 12 commercial lots on nine -- approximately nine acres of land in the C-C zoning district. There are no minimum setbacks, lot size or street frontage requirements for lots in that zone. The maximum building height allowed in the C-C zone is 50 feet. Future buildings proposed on the subject lot shall meet the minimum dimensional standards listed in UDC 11-2B-3. In the development agreement that was signed in 2008 the applicant was granted direct access to Ustick as I said. Due to policy changes at ACHD, the city code changes, direct access to Ustick is no longer desired by both parties. In working with the applicant, city staff, and ACHD are supportive of an interim or temporary access to Ustick Road until such time as the property to the west is developed, as I said. To insure that interim access is terminated in the future, staff recommends that the applicant submit a revised concept plan with a concurrent development agreement modification application prior to adoption of the findings by City Council that provides details on how the site will be designed after the removal of the temporary access to Ustick Road. The preliminary plat shows two shared driveways into the development. There is an existing north-south public stub street to this property at the north property line, which is Buckstone Avenue. This street is located approximately 330 feet west of Venable. The applicant is proposing to provide access to the site through the extension of Buckstone, with an access easement slash driveway. The proposed shared driveway will run from the existing stub of Buckstone Avenue to the north to the temporary access to Ustick Road on the south boundary of the site. The applicant shall work with ACHD in the design of the turn around entering the subject property. The proposed east-west private driveway aligns with the existing commercial development to the east and should stub to the western boundary of this site for future connectivity via Cooper Avenue slash lane, which would be the road that would be constructed that would, then, require the temporary access to Ustick to be removed. The cross-access will be reciprocated when the property to the west develops . So, on the revised preliminary plat there is a note that states that the proposed access to Ustick is temporary. The draft staff report from ACHD also requires the applicant to enter into a development agreement with ACHD for the temporary access to Ustick Road and to provide for the financial surety for the closure of the driveway. To buffer the existing proposed residential land uses to the north and west from future commercial uses on the site, a minimum of 25 foot wide landscape buffer should be installed according to our UDC. Submitted landscape plan indicates that 25 foot wide landscape buffer adjacent to the residential subdivision to the north and a 20 foot buffe r along the western property boundary. The applicant is to provide an additional five feet of landscaping, so 25 feet in Meridian City Council January 5, 2016 Page 39 of 54 total, to the west property and constructing those in accordance with UDC 3B-9 or seek a waiver from the City Council. Staff did see a letter from the Settlers Irrigation and from the -- the applicant in favor of the conditions. Staff is recommending approval and I will stand for questions that the Mayor and Council may have. De Weerd: Thank you, Josh. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Is there -- there is not yet the modified concept development plan? Beach: I apologize. I did receive that from the applicant. I think he has that with him. If not I can definitely provide that. They are showing just a removal and a stub. Borton: Okay. That's what I was -- Beach: Yeah. Borton: Okay. Beach: Nothing too extravagant there, just eliminating that access. Borton: Okay. De Weerd: Okay. Anything else before the applicant stops pacing? I'm glad he's anxious to get this over, too. Please come on up and state your name and address. Warnick: Thank you very much. Yeah. For the record my name is Lance Warnick, professional engineer with Aspen Engineers. My business address is 485 -- excuse me -- 485 West Main, Suite B, in Kuna. 83634. I think Josh has done a good job introducing the project. I'd just like to kind of hit on a few things and I do have a paper copy of that current concept plan. So, as Josh said, we -- the developer started platting this project back in about 2007. It was finally approved in terms of the annexation, preliminary plat, in 2008 and has since then expired. Early this last year the developer expressed a desire to try to get that plat reinstated. So, we submitted essentially the same plat back through the site and ACHD to try to get the plat approved, because it has to comply with the development agreement requirements. It was at that time ACHD identified their desire to remove that permanent public roadway connection that we had had, 330 feet west of Venable and in some discussions that we have had with both the city and ACHD, ACHD has actually requested that we remove the public roadways on the interior of the subdivision and go with these service drives, in anticipation of that public roadway being constructed over on the west. You know, ACHD is looking at interconnectivity, as you can tell from the last presentation and that was finalized shortly before the Planning and Zoning meeting. At that meeting they approved the request just with that stipulation that Meridian City Council January 5, 2016 Page 40 of 54 we come back and essentially modify now the development agreement and now since we removed the public roads and the permanent approach, so our -- our goal or next step, if the city approves it tonight, would be to, then, essentially, have a new neighborhood meeting, say the city wants this -- ACHD wants us to remove this permit access and, then, permit -- submit the new sketches for your consideration for a DA mod. Excuse me. But that's -- that's it, short and to the point, and with that I would stand for any questions. De Weerd: Thank you. Counsel, any questions? Bird: I have none. De Weerd: Okay. Thank you. Warnick: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2015-0014. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 10-C. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Discussion before we go farther and this is a minor point. This is an application for 12 commercial lots. The depiction that we are looking at has 11 buildings on it. Am I missing one or am I counting wrong? Bird: No. Beach: That would be a question for the applicant. De Weerd: But we just closed the public hearing. Zaremba: I see 11 again on -- on this plan. Meridian City Council January 5, 2016 Page 41 of 54 Bird: Wait a minute. Go back. Go back. You got -- you got six on this side and five on the other side. So, you got 11. Zaremba: So, where is the 12th lot? Milam: Should we reopen -- De Weerd: Can you -- did you have a second to reopen the public hearing, so we could solve this puzzle? Bird: I will second it. De Weerd: Thank you. I have a motion and second to reopen the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Zaremba: I apologize, I should have asked this question earlier. Milam: One lot just doesn't have a building on it? Warnick: Again for the record, Lance Warnick. Aspen Engineers. Yeah. That concept plan that dates back to 2007, 2008, depicted 11 buildings. The final plat -- excuse me -- preliminary plat's always depicted 12 lots. As the update d concept plan that's submitted, we don't always have to build on that -- every lot, but we anticipate that the number of buildings shown would likely correspond with the number of lots being shown. Do you recognize that many areas in the city allow multiple buildings on a single parcel and they have certain parcels that don't have any buildings on them. So, it's not an uncommon thing to have differences in the number of lots than the ones depicted. Thank you. Zaremba: I think I got that. De Weerd: Okay. Any further questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sorry to ask you now that he went and sat down. Yeah. I'm just curious. Why? If you're changing everything when you have -- with 12 lots. So, you originally had 12 lots, you still have 12 lots, you originally had 11 buildings and you still have 11 buildings, is that -- Warnick: Actually, if you would see the new concept plan it actually depicts 13 buildings. So, there is -- the number of lots was essentially developed to create -- kind of match a Meridian City Council January 5, 2016 Page 42 of 54 master plan that was being developed. Again, it's been longer than I can remember on why they don't exactly match. I'm just -- my statement is that it's not uncommon for there to be differences, the number of lots, the number of buildings that are shown. Milam: Madam Mayor, follow up? De Weerd: And at this point, because there is some flexibility in our code on the number of buildings, the reason we are here today is to -- for the road and the access to Ustick. Warnick: Yeah. If I may. The -- we are asking to get the plat reinstated to -- since it's expired and that has the 12 lots. What you will see come before you in the future will be updated concept plans and requested changes to that agreement, they are being triggered by that removal of that public street access, you know, 330 feet west of that Venable-Ustick intersection. And that's -- that's what you will see before you. Honestly, I thought that they would happen simultaneously, but the -- this hearing was scheduled prior to us having that -- that ready. So, we can bring that back towards -- after the fact, rather than simultaneously, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Maybe simply for the record. I would say the other drawing is really just illustrative. This is really all we are concerned about tonight is the division of the property and your modification of the development agreement will do -- like Mr. Warnick said, will have your building numbers and common lots and such. So, you really don't have to concern yourself with this particular -- De Weerd: Where were you five minutes ago? Nary: He asked. Warnick: And if I may just clarify one other point. The original application had two common lots, which we have eliminated. Those were landscape islands that were in that public roadway and ACHD has done two things. Number one, since we are now eliminating the public roadway we don't have the common lots, but, two, ACHD is trying to eliminate those little landscaped islands as separate lots anyway. They are just having them done as a license agreement, so that's why we don't have those two common lots. De Weerd: Ah-ha. Thank you. Warnick: Thank you. De Weerd: Okay. Council, do I motion to close the public hearing? Milam: Madam Mayor? Meridian City Council January 5, 2016 Page 43 of 54 De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on Item 10-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam I move that we approve preliminary plat H-215-0014. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-C. Any discussion? Madam Clerk. Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing for Falconers Place Subdivision (H-2015-0015) by Summit Equity, LLC Located East Side of Eagle Road, South of Victory Road 1. Request: Preliminary Plat Approval Consisting of Twenty- Three (23) Single-Family Residential Lots and Six (6) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District 2. Request: Modification of the Recorded Development Agreement (Inst. #105152708) for the Purpose of Altering the Type and Number of Buildings to be Constructed on the Subject Property De Weerd: Item 10-D is a public hearing for Falconers Place Subdivision H-2015-0015. I will open this public hearing with staff comments. Meridian City Council January 5, 2016 Page 44 of 54 Beach: Good evening, Mayor, Members of the Council. This is, as you said, Falconer's Place Subdivision. It is an application for a preliminary plat and the modification to an existing development agreement. The site consists of 4.69 acres of land, currently zoned R-8 and is located on the east side of Eagle Road south of Victory R oad. Adjacent land uses and zoning. To the north is single family residential property in the Golden Eagle Estates Subdivision, which is part of Ada County and it's currently zoned RUT. To the east is single family residential property in the Accommodat ions Subdivision, which is currently zoned R-4. To the south is single family residential property, one that has not been platted and is -- one is part of the Dartmoor Subdivision and is located in unincorporated Ada County and zoned RUT and to the west is a single family residential subdivision, the Sobe Subdivision, which was platted earlier this year and is zoned R-15. In 2005 City Council approved an annexation, preliminary plat, and conditional use permit to construct and operate an assisted living f acility comprised of five individual facilities on the property. As part of the annexation the developer and the city entered into a development agreement recorded under instrument number 105152708. In 2008 City Council approved a new preliminary plat and conditional use permit for the same use on the property. However, the developer at the time failed to submit a time extension application or record the plat and establish the use on the site within the time limits of the UDC. Currently the recorded DA restricts the use of the property to the assisted living facility, which is why this is before you this evening. In 2013 City Council denied the new preliminary plat and development agreement modification to construct 36 condominium units in two buildings. Council denied the application, because the changes, quote, are not improvements over the contemplated use of the subject property. City Council elected not to deviate from the specific use as an assisted living facility has approved in the -- in the conditions governing development of subject property as outlined in the existing development agreement, dated September 27th, 2005. The Comprehensive Plan future land use map designation for the property is low density residential. The proposed plat consists of 23 building lots and six common lots on, as I said, 4.69 acres of land. The R -8 zoning district exists and with the step down in density that is allowed for -- within the bounds of the Comprehensive Plan and requested by the applicant, this works f or the proposed development. The gross density of the subdivision is 4.9 dwelling units per acre and with the request to step up the density from low density residential to medium density residential, that is consistent with the Comprehensive Plan. The minimum lot size proposed is 4,004 square feet, with an average lot size of 5,717 square feet . As drawn the 4,000 square foot lots would require attached homes. However, the city is in the process of modifying the UDC to reduce the dimensional standards in the R-8 district to allow detached single family homes on 4,000 square foot lots. The p lat can be approved as submitted. However, the lot dimensions in effect at the time of final plat application would be applied. There is an existing home, as you see here, there is a lot here. There is an existing home on the site that will remain and become part of the proposed Falconers Place Subdivision. The existing home shall be connected to city utilities at the time of final plat approval. Access to the development will be provided from East Falcon Drive, an existing local street, an existing single family residence and the proposed -- on the proposed Lot 29, Block 1, will continue to take access from -- from that roadway, as well as the future residences on the proposed Lot 4. There are several residences that will be taking access directly from Falconers Place, as opposed to the new constructed Meridian City Council January 5, 2016 Page 45 of 54 road. Development of the site is required to comply with the dimensional standards listed in the UDC and for the R-8 district. Staff reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. There are two common driveways proposed. The applicant is proposing Lots 16 through 19 and Lots 21 through 23, as you can see here. So, it's these lots. This is the common drive here and this is the common drive here that would provide access to these homes. The applicant has modified their plan to have this home take access, since our code only allows six homes to take access from a common drive -- from a common driveway, so this home would need to be -- need to take access from the cul-de-sac here. Per UDC common driveways will serve, like I said, a maximum of six dwelling units. The applicants will be required to revise their plat to show that. Sidewalks are required along all public streets as set forth in the UDC. The applicant proposes to construct five foot -- five foot wide detached sidewalks along West Falcon Drive, including the front of the existing home, as well as along the proposed South Falconers Place, which is the new road to be constructed. Because the plat is under five acres, the UDC does not require compliance with the common open space and site amenity standards set forth in UDC 11 -3G. However, the applicant is proposing to construct a micropath, Lot 20, Block 1, which, as you can kind of see here, would, then, attach to the pathway that exists in the Accommodations Subdivision just to the east. The only required landscaping for the development is the 25 foot landscape buffer adjacent to South Eagle Road. The landscape plan as submitted provides the required 25 foot wide landscape buffer in accordance with UDC. The City of Meridian requires the pressurized -- pressurized irrigation systems be supplied by a year around source of water. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary system shall be required. An underground pressurized irrigation system is required to be installed in accordance with the UDC. The applicant is asking for a waiver from Council to connect to culinary water for the landscaping. I will let the applicant discuss that a little bit further as the needs. The requirements for the pressurized irrigation system may be waived if the property does not have water rights in the existing irrigation district. The applicant must submit a letter from the irrigation district verifying the water deficiency. They have not done so yet. The submitted elevations depict a mix of building materials, lap siding and cedar shake siding, decorative window and door trim, decorative corbels, color entries and stone wainscot consistent with the surrounding developments. Staff is of the opinion that future single family homes will compliment the existing homes in the area and demonstrate high quality materials. Because homes on lots that back up to South Eagle Road, Lots 4 through 10 and 12, Block 1, as well as to West Falcon Drive, Lot 28, Block 1, will be highly visible -- going back here to the site plan. Staff recommends that the side of any structure that faces a public street on these lots incorporate articulation through changes of material, color, modulation and architectural elements, horizontal or vertical, to pick up monotonous wall plains and roof lines. So, staff is requiring that those homes go through the CZC process for design review approval. The applicants did submit a written testimony in favor of the recommendations -- of the conditions, excuse me, and staff is recommending approval of the application based on those conditions. I will stand for any questions. De Weerd: Counsel, any questions? Meridian City Council January 5, 2016 Page 46 of 54 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, is the existing resident one of the 23? Beach: Correct. Milam: It is one of the -- Beach: Yes. It's included in the subdivision. Milam: Included. That's a lot of land -- De Weerd: Okay. Mr. Zaremba. Zaremba: Madam Mayor. Would you show the aerial view or a wider view of what's around it? Okay. Thank you. Many years ago when the property on the west side of Eagle was being developed, the original plan showed their access across from East Falcon Drive. ACHD at that time said that was too close to Victory and then -- and asked that developer to move their street, which is now Shaver, farther south, so that it was the correct distance from Victory and they said at that time when the properties across the street developed they would be required to align Falcon Drive with Shaver. They allowed it to stand the way it was, because there were four or five houses on five acre lots and that really wasn't that big of an impact having it too close to -- to Victory. The last time we had a proposal on this property -- and I will be honest, I voted against it, because it did not include realigning Falcon to align with Shaver, as I thought ACHD was going to require and I don't see that that problem has been fixed. Is -- Beach: Correct. That was not a -- not a condition from ACHD on this specific project. Zaremba: Maybe I will wait later and ask Justin Lucas. The applicant should speak first, but I will ask Justin a question about that later then. De Weerd: Okay. Any further questions from Council? Would the applicant like to make comment before starting to eat their dinner up here. Which is candy. Bailey: Madam Mayor, Commissioners, my name is Laren Bailey with LMB Consulting. My business address is 947 Center Point Drive in Nampa, Idaho. De Weerd: Thank you. Bailey: Thank you for hearing our application tonight. I'd like to thank staff for their help on this. Just a couple things I wanted to touch on. First off, through the last process -- and in the meantime we have met with the neighbors on many occasions -- especially Mr. Aldridge, who is here tonight, and we think we have come up with a plan that everybody Meridian City Council January 5, 2016 Page 47 of 54 can agree upon as far as density and amenities and those type of things. One thing I wanted to point out -- and I'm a little bit confused, so maybe staff can correct me if I'm wrong, but I believe in the R-8 zone that we can do 4,000 square foot lots if they use a common drive. And maybe that's something that's changed, but that was our understanding at the preapplication meeting and upon our submittal of the application. Beach: Don't believe it's specific to 4,000 square foot lots specifically requiring them to use common driveways. But you're required to do attached product -- attached single family homes with a 4,000 square foot lot under our current code. Now, there is some -- as I mentioned in my -- in my narrative there is current -- some current changes proposed to allow detached homes on 4,000 square foot lots, but those have not -- have not been approved by Council as of yet. Bailey: Possibly could have just been a misunderstanding on our part at the pre - application meeting, but I was under the impression we could do that with detached, so I apologize. We are in agreement with most items in the staff report. As staff pointed out with development happening on both the east and west sides of this project we feel it's -- it's a good time to move this forward. The sewer and water already exist. We have got a sewer line that was actually installed with the Accommodation Subdivision through an easement through our property. The developers worked together and so the sewer line already runs from Eagle Road through our property to the east through Accommodation Sub. And in that construction we are able to extend the sewer service to the existing home, so that home now has a water stub and a sewer stub, they are not connected to the house yet, but those are both in place and that was a condition of the original development agreement that that home be included. I'm not sure if you're aware, but that home was actually split off through an illegal split through a recorded deed and so it wasn't part of an actual subdivision, so this is -- this project will clear that up and create a lot there and clean all that up. Plus the city services. One other issue on the sidewalks. We did propose detached sidewalks on Falcon Drive. The Accommodation Subdivision actually built attached on their portion and so really -- I don't know that it matters to us one way or the other, but we were -- we probably would propose to do attached sidewalk just to match the -- existing in the Accommodation Sub to the east. On the point of irrigation -- and I'm going to ask Mr. Aldridge when he gets up if he will confirm for you, but currently this property was -- this property was always the end of the line as far as the irrigation lateral went. It was the very end. And today through the development that's gone on, the ditch no longer flows to this property. We could get water from Mr. Aldridge's property, but it's on a ten day rotation -- approximately ten to 12 days. And the problem is we really can't install a pressurized system that's going to work in any sort of fashion on a -- on a rotation of that -- of that time frame that's going to allow people to water their lawn and so that's why we are asking if we can connect to the city services and we have talked to the irrigation district. We don't have a letter out of them, but we have spoke to them about it. We spoke to Mr. Freckleton at the city about the issue, so we are working through that, but I'm confident that we can come to an agreement with staff on how to handle that when we submit our construction drawings. With that I think the last item was just the Falcon Drive roadway, where it's located, and I apologize, Commissioner Zaremba -- or Councilman Zaremba, I didn't -- in the first application a couple years ago I guess I didn't Meridian City Council January 5, 2016 Page 48 of 54 realize that was such an issue. We had met with ACHD prior and the city on the location of that and everybody felt like, as far as the staff went, that that location was -- was okay and that Falcon Drive could stay where it was and so that's the way we have always operated. And so, you know, it's a street today. It was extended and constructed at full width at the other end and so we just assumed -- not assumed, but we had those discussions with staff and everybody is on the same page about that staying where it was. So, with that I will stand for any questions. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Bailey, the existing house, do they have a well? Bailey: They do. Bird: Is it capable of doing your pressurized water? Bailey: Well, my understanding under state law is that for a residential well we can only water up to a half an acre and so we would have far more irrigated property than that. Bird: He's shaking his head that's right, so -- De Weerd: Okay. Other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the delivery of water, was -- was there water delivered to this property before -- and where I'm going for is if -- if a recent subdivision cut you off from something that you historically had, that's their fault and they need to fix that. Bailey: I don't think it's a recent development. And, again, Mr. Aldridge has a lot more history here. But I think this field sat fallow for many years, because of the issue that water really didn't get to the end of the row, so to speak. It's at the end. It's kind of a high point. It just doesn't -- it's really hard to get it there. Zaremba: Okay. De Weerd: Okay. If there is nothing further -- thank you. Bailey: Thank you. Meridian City Council January 5, 2016 Page 49 of 54 Bird: Madam Mayor, I have got -- do I have a -- De Weerd: Oh. Bird: Excuse me. What -- what size houses are you going to build on these 4,000 size lots? Any idea? Bailey: I believe -- they are 1,400 square foot. Bird: Fourteen hundred on the 4,000? Okay. So, we are not going -- and by the time you get driveway and stuff we are not talking about a lot of grassed area -- a lot of water area. Bailey: True. These -- these lots are fairly deep, so most of them have a nice backyard. But the front of the lot -- the home, you're right, there is not a lot of lawn area up front. But most them -- the lots are somewhat deep and so we get some nice backyards. And I don't know -- I don't know if you can show the landscape plan, if you have that, but it kind of shows some of the building footprints. That might help. De Weerd: Okay. Thank you. Bailey: Thank you. De Weerd: Mr. Aldridge. You signed up, but you didn't indicate for or against or neutral. Aldridge: Madam Mayor, Members of the Council, Bob Aldridge. 3300 East Falcon. West. There is a common theme that every pizza driver in the United States gets wrong and so they come up my driveway when they are supposed to be over in Tuscany and that was West Falcon. Totally unattached. To respond, as you know, I have stood before this Council many times saying I wish it was 1983 and I was surrounded by nothing but corn fields and dairy herds. Not going to happen. And so I guess I have always mixed emotions about these things. Nonetheless, we have worked with the developer -- the first plan, the tri-plexes, just wasn't acceptable and the Council I think properly turned that down and we met with them and discussed this. Not my dream, but it's certainly something vastly better than what we had before. In terms of the water situation, if you can go back to the more extended view. I don't have a clue how to do that here. Originally what we had was a water user situation with -- let's see. Right here. In that area was the pump and -- oh. The -- I'm assuming I shouldn't touch this. So, the lateral came around and came through -- down through the subdivision and back to the east side. At that time there were approximately six of us on that system and we rotated around. That was all gated irrigation, which now is gone. I'm the sole user on that. Have been for decades. The prope rty on the corner, which is coming before you and has been coming before you is going commercial and the property here was owned by the Nelsons. They went through some family situations ending in divorce and that hasn't had irrigation actually physically there for at least 15, 20 years, perhaps more than that. The problem is that I am in the midst of installing a new pressurized irrigation pump and converting my property to pressurized. I get -- last year, for example, I was told on flow I got water every Meridian City Council January 5, 2016 Page 50 of 54 alternate week for 48 hours straight. You had to get it in 24 hour increments, et cetera. That's the problem with moving over from what was originally, essentially, farm type of irrigation into these other situations. The Carmel Subdivision, which is the one that now sits over what used to be a number of the other land users and they had water access, has a large pond, and so they can deal with that by pumping in on the days that they get water and building up that pond and pumping out of that with a s eparate pump. That's something not available here. In addition to that, there is no longer any physical access through. There used to be some underground pipe that went down, went under the highway. That's been not used for approximately 20 years and last time I looked it was destroyed, all lands, as they -- the ditches on my property and managed to mangle it pretty good. So, you don't get water there. In addition to this coming out of my pump that's coming at 220 gallons per minute at 60 psi plus, and coming every two weeks, so it's just an unworkable situation on the water to attempt to get pressurized irrigation. So, I hope that helps with that situation. And, yes, you cannot use domestic water. Went through all of that on the Snake River Adjudication and purely domestic. You can't use it for other purposes, so -- is this my dream? No. But is it vastly better and something that will get this property moving and get some improvements in, yes. I was the one actually that talked ACHD into moving that south, because they had approved with that intersection being there and I saw huge problems, because it was so close and we met and were able to work out moving that down to what now is that other driveway down at the hump. It's still a major problem. Justin is here, but he's only the messenger. I won't turn around and shake my finger at him, but we do have a major, major problem from that intersection south on Eagle Road that I don't know when it's going to get solved -- how it's going to get solved. But I don't know whether the realignment would or wouldn't help on that situation. They are going to have to get that road some way -- trying to turn in right now coming south on -- on Eagle Road -- I just don't do it. It's an accident waiting to happen. I see my light is on, so I will cease. De Weerd: Thank you. Any questions for Mr. Aldridge? Bird: I have none. De Weerd: Okay. Aldridge: Thank you. Zaremba: Madam Mayor? I'm not fast enough. Bob. I just -- on the subject that I raised and you just made a comment of your opinion, but am I remembering correctly? You have been very faithful about attending all the meetings about things around you. Am I remembering correctly that ACHD at one time said that it would have to realign? Aldridge: Yes. At the time we did that agreement to move it south, that was part of the agreement that we would eventually move Falcon Drive south to align with that. Zaremba: Okay. Thank you. Meridian City Council January 5, 2016 Page 51 of 54 De Weerd: Which, essentially, would make that weird, unless Mr. Aldridge's property redevelops. So, I think that's been the thing that doesn't make it practical. Not wanting to redevelop your property either, Bob. But anyway. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Council, any further information needed from staff or the applicant? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would ask Justin Lucas to weigh in on this one and as I say, my recollection is that ACHD was comfortable with leaving it the way it was when there were only four or five residences taking access to it, but we are overloading that with the current opinion. Lucas: Madam Mayor, Members of the Council, Councilman Zaremba, you know, it's a good question and there is a lot of -- there has been various applications that have come through in this area and specifically on this property and it's -- it's very likely. I can't speak to it directly, but at one point there may have been a desire or a thought to realign Falcon Drive. I guess all I can say is at this point, based on the technical analysis performed by ACHD staff, we feel that it's not necessary to require the realignment of this roadway with this application. It would create quite a burden on this specific piece of property to do that and leave some remnant potential property that would be difficult to develop and provide kind of a -- a good design. So, there is various issues with that. Typically roadways are realigned through larger developments where all of the property owners surrounding that roadway are participating in the development and I can think of various -- various times where that has happened. I don't know if that answers to your satisfaction, but I can say that ACHD staff has analyzed this and feels at least at this moment that this is a safe solution for the area. De Weerd: Thank you. Exactly what I would have said. Okay. Would the applicant like to have any final remark? Bailey: Mayor, Councilmen, again, Laren Bailey. The only comment I would make -- and I'm not -- I understand where Councilman Zaremba is coming from. The only comment I would make is that the assisted living application that was approved, they didn't require them to move the roadway and we have kind of tried to follow what they had done as far as landscaping along Eagle and some of those things and, I don't know, that's why we went the direction we have gone and we would like to continue that way, but -- if there is any other questions I just stand for those. De Weerd: Thank you. Council, any other questions? Bailey: Thank you. De Weerd: Thank you. Okay. If there is nothing further, Council, I would entertain a motion to close the public hearing. Meridian City Council January 5, 2016 Page 52 of 54 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on H-2015-0015, preliminary plat and a modification of recorded development agreement. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve H-2015-0015, a preliminary plat and a modification to the recorded development agreement for Summit with all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-D-1 and 2. Any discussion from Council? Madam Clerk. Roll Call: Bird; yea; Zaremba, yeah; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting De Weerd: Council, any topics for future meeting agendas? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have a topic, but I do have a couple of words I'd like you to permit me to say. David, we are going to miss you. I'm going to miss you big time. Thank you for all the service you have done and you have certainly been a great councilman and done a great job for us and I think I'm speaking for everybody that served with you. You have done a very good job. Ty and Genesis, I'm glad you guys were elected. You will do a great job. Meridian City Council January 5, 2016 Page 53 of 54 You're young. I'm very happy that this one got reelected. But, anyway, thank you. Thank you for your service and thank you, David, very much for what you have done. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you for those comments. I would add a future meeting topic and that's the election of Council officers. Bird: Next week. Zaremba: I assume you're doing that next week, but I didn't see it on. Bird: We wanted to let Ann be here. Zaremba: Uh? Bird: I thought it would be fair to have Ann here. Zaremba: Sure. Makes sense. Future -- future subject. De Weerd: Well, Mr. Zaremba, I would echo Mr. Bird's comments. You're an incredible asset to the city, to the City Council. You proved that again this evening with your -- the knowledge that you have on past actions and developments and that will be missed. It's hard to replace. So -- Zaremba: I appreciate that. De Weerd: -- we will give you a couple months rest and, then, I will be knocking on your door. Zaremba: I will look forward to that. De Weerd: Good deal. And welcome to Ty. You were awfully quiet this evening. Palmer: Just wait. De Weerd: We welcome you on board and look forward to your contribution. Palmer: I -- while I was sitting here being quiet -- I don't know who it was that said it. For some reason I'm thinking Lincoln, but it kept coming to mind: It's better to remain silent and thought a fool, than to speak and remove all doubt. Milam: That's mine. I do that. Keith and I do that. Meridian City Council January 5, 2016 Page 54 of 54 Bird: True. I have got 18 years of -- De Weerd: Well, welcome. It's nice having you. So, Council, with that I would -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Well, I would just like to add that I'm pleased that you and Genesis got reelected. I'm happy to have Ty here and I have heard him talk about a few things and I think he will be a good addition. I'm very pleased that Ann Little Roberts will be my replacement and I understand a prior commitment why she couldn't be here this week, but I think she will be a good, enthusiastic addition. But I would like to say to Madam Mayor and to all of my Council compatriots and to all of the department heads that I have had the opportunity to work with and many of the employees. I have got to know almost all of them at one -- one time or another. And Dean Willis who -- who really is a part of the family. This has been a phenomenal group to work with and I have been very honored and benefited and blessed by working with all the people that I have worked with. The city has employees that are wonderful people. Intelligent, caring, giving people and if I had the opportunity to speak to each of the employees I would say that whatever height I have attained you all have been the wind under my wings and it's been through your efforts that I have been able to act like I was intelligent about things, because I have been prepared by all of you and I just think the city is in good shape with a phenomenal staff and I just want to thank everybody for their kindness and their guidance and their support of all these years. It's been a great experience. So, with that, Madam Mayor, I move we adjourn this meeting. Bird: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY De WEERD DATE APPROVED ATTEST: _____________________________________ JAYCEE HOLMAN, CITY CLERK Meridian City Council January 5, 2016 Page 54 of 54 Bird: True. I have got 18 years of -- De Weerd: Well, welcome. It's nice having you. So, Council, with that I would -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Well, I would just like to add that I'm pleased that you and Genesis got reelected. I'm happy to have Ty here and I have heard him talk about a few things and I think he will be a good addition. I'm very pleased that Ann Little Roberts will be my replacement and I understand a prior commitment why she couldn't be here this week, but think she will be a good, enthusiastic addition. But I would like to say to Madam Mayor and to all of my Council compatriots and to all of the department heads that I have had the opportunity to work with and many of the employees. I have got to know almost all of them at one -- one time or another. And Dean Willis who -- who really is a part of the family. This has been a phenomenal group to work with and I have been very honored and benefited and blessed by working with all the people that I have worked with. The city has employees that are wonderful people. Intelligent, caring, giving people and if I had the opportunity to speak to each of the employees I would say that whatever height I have attained you all have been the wind under my wings and it's been through your efforts that I have been able to act like I was intelligent about things, because I have been prepared by all of you and I just think the city is in good shape with a phenomenal staff and I just want to thank everybody for their kindness and their guidance and their support of all these years. It's been a great experience. So, with that, Madam Mayor, I move we adjourn this meeting. Bird: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:08 P.M. (AUDIO MAYOR/ ATTE; JAYCEE N FILE OF THESE PROCEEDINGS) MY De , CITY CLERK a- / D-- / .DATE APPROVED Meridian City Council Meeting DATE• January 5,2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Connection To Public Sewer System Agreement For Connection To Public Sewer System: 1927 N. Leisure Lane MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk ADA COUNTY RECORDER Christopher D. Rich City of Meridian BOISE IDAHO Pgs=13 DAWN TRIVOLIS 2016-001013 33 E. BroadwayAvenue MERIDIAN CITY 01/06/2016 10:13 AM Meridian, ID 83642 NO FEE IIIIIi1111111111111111111111111111111I IN I' III III 00181619201600010130130136 (Space Above For Recorder's Use) AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1927 N. LEISURE LANE This AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1927 N. LEISURE LANE is made this J:�day of January, 2016, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Douglas and Denise Crabtree, whose address is 1927 N. Leisure Lane, Meridian, Idaho (hereinafter "Users") (collectively, "Parties"). WHEREAS, Users are the owners of parcel number S 1201346650, located at 1927 N. Leisure Lane, Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property"); WHEREAS, though the residence at Subject Property is in Meridian city limits, it remains connected to a private water system and a private septic system; though connection to the City water system is not feasible at this time, the private septic system is failing and Users wish to connect the residence at Subject Property to the City sewer system; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code, and wishes to allow Users to connect the residence at Subject Property to the City sewer system; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE I OF 12 I. SCOPE OF AGREEMENT. A. SEPTIC SYSTEM DISCONNECT; CITY SEWER HOOKUP. ASSIGNMENT OF EASEMENTS. City holds two (2) sanitary sewer easements on parcel number S 1201346660, the property directly to the north of Subject Property ("Adjacent Property"), for the purpose of designing, constructing, operating, and maintaining sewer lines. One easement, recorded in the land records of Ada County, Idaho as Instrument No. 9049394, runs generally north and south along the east side of Adjacent Property, and the other casement, recorded in the land records of Ada County, Idaho as Instrument No. 9049393, runs generally east and west and bisects the Adjacent Property ("Easements"). The Easement instruments are attached as Exhibit hereto. City hereby assigns to Users the right to use such Easements for the purpose of constructing the sewer line connection as set forth in this Agreement, subject to the rights and responsibilities established in such Easements. Users' responsibilities under such assignment shall include, without limitation, the responsibility to restore the premises subservient to the Easements to a condition comparable to that existing prior to Users' use of such Easements. Should Users fail to fulfill this responsibility, Users shall, and hereby do, agree to indemnify City for any and all expenses related to the restoration of such premises as required. In the event that City must incur expenses related to the restoration of such premises, including, but not limited to, attorney fees and costs, Users shall reimburse City for all such expenses within thirty (30) days of City's mailing to Users of invoice for same. This assignment shall automatically terminate upon completion of construction of the sewer line and satisfactory restoration of Adjacent Property, 2. USERS TO NOTIFY ADJACENT PROPERTY OWNER(S). Prior to utilizing such Easements for the work described in this Agreement, Users shall provide to the owner of Adjacent Property, and to City, written notice of all work to be completed as set forth herein, including the dates, times, locations, and other details of such work or activities, and the name and contact information of the contractor(s) undertaking such work or activities. 3. SEWER ASSESSMENT FEE; PERMITS. Users shall be responsible for payment of any and all applicable sewer assessment fees related to the connection of the existing residence at the Subject Property to City sewer services, and shall ensure that the selected contractor obtains all necessary permits from the Building Services Division of the City of Meridian Community Development Department prior to excavation and/or installation of sewer lines. All fees applicable to required permits and inspections shall apply. 4. USERS TO HIRE CONTRACTOR. Users shall hire a licensed contractor of Users' choice to, by 5:00 p.m. on Tuesday, March 1, 2016, connect the residence at the Subject Property to the City sewer system, in accordance with all applicable permits, laws, regulations, and standards, including the Idaho Standards for Public Works Construction ("ISPWC") and supplemental standards thereto as adopted by City. Users shall utilize the Easements across the Adjacent Property for this purpose. Following construction of the sewer line, Users shall disconnect and abandon the septic system at the Property in accordance will all applicable laws and regulations. AGRIiTiMF,.NT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 2 OF 12 B. PAYMENT FOR CITY SERVICES. Upon connection to the City sewer system, Users shall pay to City all applicable fees and costs for sewer and garbage services provided, including, but not limited to use fees, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment tinder the procedures set forth in Meridian City Code, Unless and until the Subject Property is connected to the City water system, City shall bill Users monthly for sewer usage at the base rate of six thousand, five hundred (6,500) gallons per month. Upon provision of City water service to the Subject Property, City shall bill Users, and/or or the successive landowner(s) or successors in interest, monthly for both sewer and water usage according to the metering, accounting, and billing system then in place under Meridian City Code and the policies and practices of the City of Meridian. Notwithstanding termination of or any other provision of this Agreement, this provision shall be binding upon Users and upon any and all successors in interest of Users and/or to the Subject Property. C. MAINTENANCE LIABILITY. Upon connection to the City's sewer system, Users shall be solely responsible for any,and all costs related to operation and maintenance of all portions and functions of the sewer lines and plumbing between the southernmost manhole and the residence at Subject Property. Users' maintenance liability shall include ensuring that all portions sewer lines and plumbing between the southernmost manhole and the residence at Subject Property are clear and free from obstructions. D. DEDICATION TO CITY. After all inspections are complete and the City certifies that construction of the sewer line between the northern and southern manholes has met all applicable standards, including those set forth in ISPWC, supplemental specifications, and this Agreement, City shall issue a letter of acceptance of the installed infrastructure and shall take over ownership and maintenance of the sewer line between the northern and southern manholes. II. GENERAL PROVISIONS. A. Recordation. This Agreement shall be recorded by City, at City's expense, against the following parcel: Ada County parcel no. S 1201346650, legally described as Parcel #6650 of SE4SW4, section 1, 3N 1W, records of Ada County, Idaho. B. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. C. INDEMNIFICATION. Users shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Users, its agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. AGREEMENT FOR CONNECTION TO PUBLIC SEWFR SYSTEM PAGE 3 OF 12 Users acknowledges that acceptance of the offer described in this Agreement presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. Except as to rights held under the terms of this Agreement, Users shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents, or employees. D. DEFAULT; CURE; TERMINATION. If Users fail to perforin or are in default of any of the terms, covenants or conditions of this Agreement and fail or refuse to cure such breach or default within three (3) days of City's mailing of written notice thereof, this Agreement, and all rights assigned to Users with regard to the Easements, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of termination of this Agreement, Users and Users' contractor shall vacate the Easements and shall forfeit any and all assigned rights to use the Easements. Users shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering or restoring the Easements hereunder. E. NOTICES. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Office of the City Clerk Users: Douglas and Denise Crabtree City of Meridian 1927 N. Leisure Lane 33 E. Broadway Ave. Meridian, ID 83646 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. F. SEVERABLLITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alfa, any default, termination, or forfeiture of this Agreement. 11. F1NAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Users relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Users, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. AGRIIEWNT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 4 OF 12 I. NON -WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, codes, standards and permitting requirements of Federal, State, and local governments, including, but not limited to, the City of Meridian, Idaho Department of Environmental Quality, Idaho Department of Water Resources, and Central District Health Department. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer system, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. L. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 2-°Z- day of-J,antu y, USERS: STATE OF IDAHO SS: County of ) I HEREBY CERTIFY that on this day ofTDR" 2Q6 , before the undersigned, a Notary Public in the State of Idaho, personalty appeared DOUGLAS CRABTREE, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public Residing at tr M Idaho My Commission Expires: — —:i g AGREEMENT FOR CONNECTION TO PIJBL►C SEWER SYSTEM PAGE 5 O►z 12 Don as Crabtree STATE OF IDAHO SS: County of ) I HEREBY CERTIFY that on this day ofTDR" 2Q6 , before the undersigned, a Notary Public in the State of Idaho, personalty appeared DOUGLAS CRABTREE, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public Residing at tr M Idaho My Commission Expires: — —:i g AGREEMENT FOR CONNECTION TO PIJBL►C SEWER SYSTEM PAGE 5 O►z 12 CITY Tammy cue` /cerd, Ma STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this ��---day of before the undersigned, a Notary Public in the State of Idaho, personally appeared DENISE CRABTREE, proven to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written , Notary Public f 1 10 Residing at Idaho My Conunission Expires a uc•us r l oma, y of A IIIA so�sac� SEI eee Irian, City Clerk �t- STATE OF IDAHO ): ss County of Ada ) On this -�- day of January, 2016, before me, a Notary Public, personally appeared Tanumy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, ••.•icA Joy., GJ�TA N No y Pub is for Idaho Aap Residing at ��� \ ccy Idaho My Commission Expires: -4c) ••�.9,TL' OF VD �••.•• AGRFFNIF.NT FOR CONNECTION TO PUBLIC SF,VF.R SYSMI PAGE 6 OF 12 EXHIBIT A EASEMENTS AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTLht PAGE 7 OF 12 S A M I F A R Y SEWER EA',FMENT T11TS '["�!f?FN'II.�0RF , mane 4 ttu �4ny 0f4_�tA , 199n, between OpWj CI41G� 13i1� rCChN , the part.asr. of the first part, P.nc' )ereinrafter eaII(1r? L1r0 C'rrantnr", a r i d L I i o city of F4c2ridian, A.r':.r. Count y,Id.:,ho, the party c-) f' the second part, and hereinafter ccllr:c! t I � o r�rf'nt0rc: WITNESSETH: WHEREAS, the Crantors dnsirp to provides a sanitary sewer rirrht.--of--way across the promi nos anti property fume Or her part.icuJ arly hounded and denser i boo: and YH PEAS, the sanitary sewer is to he provided for through an underground pipeline to be con tructod by the Crantee; and '' NEPEAS, it will Ni neceusery to maintain and service said pip6line from time to time by the Crantee: 1100',THEREFUE, in cunsi6erntiran of the benefits to he receiVLO by the trantors, and other rood and valuable con, icderation, the Crant.ors do hcrehv Hive, grant and convey unto the tranteF the rirlht.of.way for an easement for the construct. ion, operation and rrinintenaneP of a sewer line over arid across the: follcwinq describer! property: A parcel of lend 16.OV feet in MILh 1vino B.C)G feet an r.>.rach sjd6 of and parallel with the follow.4q; described IM; A portion of thn 5F 1/h 54 1/4 of section 1, T.M.,01W., Poise Meria-di:in, Agra County, Idaho, wore; particulary as follows: CorijI!er'tcJngj at the; 54,' corner of section 1, T. 3N., 1?.1s;'.. 11.11. , thenc(- % P901150" E. 1326.38 I'vet along the section :Line, thence N. nn"41'2h" M 1143.24 Net. to IM point of beginning, I:hcnr. s f,!. �P"00'0011 F. 124.00 feet, thrnco S. 00CM'Fltd" F. 145.0H feet, more or less to the south, line of Me. Kerr parcel. �AINJTAI-,'Y `?ftiER _PSFi'U, , Pant: I fill. (L, emrnt herchy granted i:; for the pur[%ose of con(itructiurl an(.! CpC'v8Li0n elf ,, Sanitary sewer line and allies! ft:ci.Iitir• t1,riethor v i t h thr're maintE>nence, repair and cE•nerrt aL the r.ovr-nience of tyle ['rantee, with the free right of s-cce>;+ t.(:) such fnclliLie?s it ony cnd al Lin•�s. IU HAvt. AND 10 HOL.h, the sail.( easement and rigflt- of -wEry unto t: fl F` ;!.t('t (Tr?1'tt. C(?, it:S SUC:CE?SSgr:i arnd il, f- IS forever. fii'iiV.S�:I_Y t'.VI)CitS100D AiNP ACkEEI,,hy and het ween the d'urtiEs Ill,rr?to, i:t�at tt.r (ranter•? will t:i.file] y eonpleLe Lhe Wnrl' of Iayinn the: ,,aII vey gev;er liner ,.nd restorinq the premises u s n d t'hi;rr•fnr to E, cnr'c!it.inn cop+ .rr,hie t;i.th t!iat. existing prior, to t:xcrrr::i tinc;Eseinc,nt.. that, in r.:Erkinc rr::!,airs, the Gran Lee vi.l l I,xpet•icrit Iy Pei, IaCP nnc+ restore Lhv 1?rc,rn.i.ses to n condi Liof, c(3in.r1ara1)1e to Chea existent prior to undertaking such repoirs and rcf,1 E c e i!i tante T!?f ("'n" T(11'S hereby conversant and agree that they will not: pl.E;ce or. rt 1..Iot; to ! rl placed any permanent strUCLures on the area r'r:;;crihrr+ for this onse,ment which wntll(l i.nk,Frfere with the use of "ai(! cu.icri!q'(i C,FiSC:(;(`r,l: for the PUPP.-O:E'S Sl:i••LE:'CI h0Feln. IT I`; !'L'PFfIY f'1!RIIIE11 t"rvFFD that. the Crat.nrs do hereby Crivc rind nrr;nt to the, Crnntee the right of use, c'urinn, initial cur ntrtrcL on n tcmporrrry constructi(nn easement over a strip of Ianrr (Icscrihrd a8 fnli.ovrst: d.•,,rcrt of 1<nd 31.t'f' fr>CL In v:,idL1- ]vine! 1 .rrl (ec:i: uutilt,'c:e>tr,rly of r, :+r.jacant to the s,hnvr,-de--,Cribf,d permanent eo-(r rnt , IT IS I1;,NI'Fk5Ttrfll% t h n L tile, strip of lE+nd described in t1 -1c rr•v iour= prim(• raph is for the purpose of const rur.tinc, said sewer lire, !tnrein r'rscr.i nrl, t, P. gene to e,xpirr %,,hen the initial. c,onstruc Lior, i n rorr pictvc.'. IT IS PNITI?''Tt'110 ANT AFI?( -E1` that the Crr!ntec: v'iII rr,r,torn rrE,i(I strip I.o ;l candi.ticin corr.f,arable to that existent prior to Line undprlrlkirm of thr: construction of such se,l;'er line, ",AVITA1?Y Ft'1FR FR CF11ENI, fac;c.'• P TIIF vin hereby covenant with the C'rnntee. that they are li;.,JtAly seized and posse:-,ned if the aforementioned and c aer;cr.i1,t,ri I"r.: r of .lane:, 3rr� t.h -- t they have a noorl -!nrl I awfi,I ri.r;ht Lo convey sai r ecsement , ane! that they wi 11 Warr. ant. and Vovc.ve>r c'rfc:nt' 1. Lil-Ae are' nt,ivt, possession thr.renf the la:rft:l cl-jimr, of all person:; whocsoever. TP ';:'1T"NES i !'T' PFOF, the said parties of the. I I r s f part. nave: hereunto Litibscribr-.d their si(Inaturos the dhy and year First hnrein-,rt)ovc; written. :.' l..1'F" ^1 1rA110 ) County of Aa ) dN, fin thir:z, riay nf'/�1�t9Gs� in khe year 19°i before ii; e, 1, ht. itt 12r: i nr"�, t fir.):; r "trial irow: for 4nid St ate, per.;c c„ 1 11- apF. eared CyAykS pnd C'jl ky i" , knet-rn to v.n to h(,. the pert.an v;t r,, ;;t nar•',e :uh!tcr ihed Lo thrs forcr.oinr, instrument, Pnd cknow.ler;ed to ire theta they executed the ssru, I ! IT^F5;'� !:I',I-PFfF, ? hnvr hereunto r -rt wy hand P.ffix red v;y c l ficial �'.rnJ Lhe day rind year Fi vett abnvr, written. r r_ itY 1.1C� for T(rf y�'•�'�'Y- Cr,mn,it;rcianExlrc.,4.:'07`.-.�L, ,1,1110F 11W,� LR, EA!;E.',"FvT, f 3 '90 SEP 12 Fil 2 JOHN BY EiA.; ''u , RECO DF t , h� f� Ute" SA?,ITARY SEv;FR FASUIENT VIT`tr SSETF!: WHF"RE-AS, t:hu f'rnntors desire to provide a saniLery slit+ger richt--uf-way nernss the premises Pnd property hereinafter Err,rl iculnrl y i.:oundoil end describe -d; anti the :sanitary sewer is to be provided for Lhraugh rir7 undurnround pipeline to be const:rucLed by the Grantre; and V ERE,'`T, it will he necessary to nPintein and service said ,iipnI i n e Prow tin,a Lu t 1 m e fay the Aantcn-, NW,'-:',T!IFFFFMRF, in consideration of the benefits to he received by they Unntors, and other good and valuable con"icferrdt ion, the: f;rantors do hereby give, chant and convey unto the GrnnLeez the right-of-way for an easement for the concltruct.ic,n, operation and maintenance,. of a sewor line over and across they following described property: A. parcel nF lend 16.G0 Pon in width lying 8.00 feet on each �;ic;o I_:f and caral.lel with the following described .line: r PorLiun Of the 5E 1/4 SW 1/4 of section 1, T.3h.,R.1W., ?cine !'eridian, Ada County, Idaho, more part iculnry as follows: Coi':r,eixir (i <)t. the SV corner of section 1, T. 3N, t1.)011ce iv. ;;";°111'5("' F-. 1326.38 feet alung the section line, thence P:. Wal "1..4" W. 1143.24 fret to 1,17(- point of 1)eginreinn, thence° I, . �jf!0c(I, r1,;" h;. 135.00 foot, morn or less to the Nxis.ling sewer line. SO'lTAR Y <<1':'.1'1`1 F.',ASENUJ , Page 1 AY - THIS lid W;TU13E, bade QUA(Gay of 1990, beLween Apina L I i o part:ic!s of the L Dart, and 1)ereinafL(---r ca ed L1)e grantor:,, and the city of H G, ri.dian, Ad,n County, Idaho, the party of they ;second part, and herei.nr;Ftc,r colloc! the Gri:ntce,,. VIT`tr SSETF!: WHF"RE-AS, t:hu f'rnntors desire to provide a saniLery slit+ger richt--uf-way nernss the premises Pnd property hereinafter Err,rl iculnrl y i.:oundoil end describe -d; anti the :sanitary sewer is to be provided for Lhraugh rir7 undurnround pipeline to be const:rucLed by the Grantre; and V ERE,'`T, it will he necessary to nPintein and service said ,iipnI i n e Prow tin,a Lu t 1 m e fay the Aantcn-, NW,'-:',T!IFFFFMRF, in consideration of the benefits to he received by they Unntors, and other good and valuable con"icferrdt ion, the: f;rantors do hereby give, chant and convey unto the GrnnLeez the right-of-way for an easement for the concltruct.ic,n, operation and maintenance,. of a sewor line over and across they following described property: A. parcel nF lend 16.G0 Pon in width lying 8.00 feet on each �;ic;o I_:f and caral.lel with the following described .line: r PorLiun Of the 5E 1/4 SW 1/4 of section 1, T.3h.,R.1W., ?cine !'eridian, Ada County, Idaho, more part iculnry as follows: Coi':r,eixir (i <)t. the SV corner of section 1, T. 3N, t1.)011ce iv. ;;";°111'5("' F-. 1326.38 feet alung the section line, thence P:. Wal "1..4" W. 1143.24 fret to 1,17(- point of 1)eginreinn, thence° I, . �jf!0c(I, r1,;" h;. 135.00 foot, morn or less to the Nxis.ling sewer line. SO'lTAR Y <<1':'.1'1`1 F.',ASENUJ , Page 1 Toe, c.1risen,CuL hf>rehy orar(Le(,' i;= for the purpose: of con,-:LrucLion rind operation of a sanitary sewer line and F c1C ij.i L ems;, Lor ether v,,ith L1)ere at ntencncr, repair and rep1�.(ce,nent at. the c o v e n i e n c e of the Cr an Lee, vriLh the of ccc(�s!-, to such Facilities nt <ny and all times. allied free vighL 10 H A V F AN'1) 10 110L.1.), the said easement and right -oF-way unto tine .,aid (.Tante(,, its successors ane! assielns forever. 11 1� c:Xjl;; I.SS1.Y IINA)ERSTO(if; Atd1) AFItFFf),by and between L1)P part.ie.; hereto, that Lhe. Cramer: will timely complete the work of loyinu the sanitary rewor .line and restoring the premi.seas used thc,refor Ln a cunoiLion comparable with that existing prior to ( xur•cininrr this easement; that, in making_ repairs, the fNantee will expediently replace and restore the premises to a condition compora[-.1c to that existent prior to undertaking) such repairs ane; replr-r.ernrnts. THF FRANTM%S hereby convenant: and agree. that they will not pl�:ce or allow to be placed ony permanent structures on the Hre,( cie::cri.hed For this (easement which would inter Fere with the ume of said described eaveNant for the purposes stated herein. IT H; ITREHY MTHER ArRE [h that the frators do t—noby give r.nc' (rrunL to Lho Crantce the ric;hl: of use durinc! initial ccnK ructinn a temporary construction easement over s strip of' kind descrihed as follows: P ppreel of land 31.0(! feet In width lyinq 15.00 Not SoAhwevLe:rly of a adjocent to the above-described permanent erssr meant . It lS !!` fl riSTf;l''I that the strip of land described in the previous parsc.rrr:ph is for the purpose of const:ruci:ina said sewer Linc' hervin oescrihe;d, the; same to expire when the initial construction is r.nrnploted. IT I`.:; Uh;I:Ci;STflflfi AND ACkFED that the Grantee will restore aLrip to n condition comparable to that existent prior to Sc utidcrtakinct of the construction of such sewer line. CASEtIfA0 , Wage 2 THL Grt/l,\TfHS do hereby covenant ~•lith Lhe Grantee that they are lawfully seized and possessed if tyre aforementioned and descri.l,ed trort of land, and that they have a good and law,fu.l riuhl, to convey ;>nid easement, and that they will warrant. and Iorcver dof•enci the title anti quiet possess:ion thereof an.ainst Lhe l,rvrful e.lairns of all. persons whomsoever. IN !'I[NESS hliEUPF, Lhe amid faarties of the first part heve! herc:unLc, subscribed their sirinr,tures the day and year fir„,t liereinal,(avr writ Len. STP,Ti. Cif- U Plitl } )s` f:0 LIrI o Gn this.Zj day oin the yerar 1996, Lefore mE., tire undursigneci, a hoLary Puhiic in and f'or said State, pe.rsot tally appeared Ama kdske/a, Known to tileLo beL.he: pc:r,,ion whose. name suh:;cribed to Lite foregoing insLrumf,nt, Vinci racknuwl.eged to rrre that they executed the same. IV V 1TNFSS wF1E.i?rf)H , 1 have hereunto sF-L my hand affixed my of f icital soul tire; day and year f'irsL above wvitLem . ,,,�atarrrrrry��� NOTVPR 1i11LIC Idaho Residinn at 4 Commission Exfaires —Z ':” • ` .� amara .., �... ,� ,!`/�J�llf „ 12111111 .1� SAl,ITAlk' Y SL'„Eh EASEIiFNT, Pugs, 3 ADACOLfP i -Y, IDAHO FOR '90 SEP 12 Fill 2 40 JOHN b REG DER 6Y Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Interagency Agreement ACHD and City of Meridian Interagency Agreement between Ada County Highway District and the City of Meridian for Utility Project Cooperative Development MEETING NOTES r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EN DIAN�- Public I o a H o Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen — Transportation and Utility Coordinator DATE: December 18, 2015 Mayor Tammy de Weerd City Council Members Charlie Rountree Keith Bird Joe Borton Whe Cavener Genesis Milam David Zaremba SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR UTILITY PROJECT COOPERATIVE DEVELOPMENT I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Ada County Highway District (ACRD) 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back -rg_ound During the construction of a sewer main replacement project in 2015, ACHD. determined that the full roadway width would need to be repaved. While ACHD agreed to cover the additional cost, this was a major change in the project scope. In an effort to avoid future unexpected project changes and increase coordination between the Public Works Department and ACHD on City Capital Projects, a committee of City and ACHD staff was formed. The committee developed a process to ensure better coordination and outlined it in the attached agreement. Page 1 of 2 B. Proposed Project The process outlined in the attached agreement involves the City providing ACHD detailed information on projects by November 30th of the fiscal year prior to the construction year. With each project, ACRD will take pavement samples in the affected areas and evaluate if there is a need to repave the full roadway width and/or replace drainage or irrigation infrastructure. Each year at the spring quarterly coordination meeting, City and ACHD staff will coordinate the schedule and cost share of each project. This will allow each agency sufficient time to properly budget for the associated project costs. IV. IMPACT A. Strategic Impact: This agreement will further the Engineering Department's mission of working with local transportation agencies to provide a safe and highly functional transportation system. C. Fiscal Impact: None V. ALTERNATIVES A. The City Council could choose not to approve this agreement as written and recommend changes. Staff could then coordinate with ACHD to revise it based on recommendations from Council. B. The City Council could choose not to approve this agreement, and City staff could work with ACHD to follow the outlined process without a formal agreement. This will however make it more difficult to ensure the process is followed and timelines adhered to. VII. LIST OF ATTACHMENTS A. Interagency Agreement Between the Ada County Highway District and the City of Meridian for Utility Project Cooperative Development Approved for Council Agenda: / a A i /14 Da e Page 2 of 2 INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR UTILITY PROJECT COOPERATIVE DEVELOPMENT "2 rt.) rIS INTERAGENCY AGREEMENT is made and entered into this day of iaAv , 201,0by and between the Ada County Highway District, by and through Board of Commissioners (hereinafter referred as the "District"), and the City of Meridian, by and through its Mayor and Council (hereinafter referred to as "Meridian"), both parties being bodies politic and corporate of the State of Idaho. The purpose of this memorandum is to enable Meridian and the District to best serve their respective customers by defining a cooperative coordination process between Meridian and the District to: 1. evaluate Meridian's proposed utility projects within the District's right-of-way; 2. determine the need for pavement restoration, road reconstruction, and other road improvements; 3. develop project scope, schedule, and cost share responsibilities; and 4. secure budget and execute projects. RECITALS WHEREAS, Meridian has a responsibility to construct potable water, sanitary sewer, and recycled water infrastructure ("utility infrastructure") to serve existing and new customers within the Meridian area of impact; and WHEREAS, the utility infrastructure, in many cases, is located within roadways which do not meet District structural standards and are in need of resurfacing or reconstruction; and WHEREAS, simply patching the pavement area within the trenching limits is costly but does not improve the quality of the existing road structure; and WHEREAS, the District is also responsible to maintain drainage facilities and irrigation crossings within the right-of-way; and WHEREAS, replacing the entire roadway section to the current standards and addressing drainage and irrigation crossing issues is more expensive initially, but in the long term is much less expensive and much less disruptive to the tax payers and to the residents in the area; and WHEREAS, the District will save money in maintenance costs for the roadway once it is reconstructed to current structural standards; and WHEREAS, in those cases where the existing roadway, drainage, or irrigation crossing structures are substandard, it is desirable for both Meridian and the District to jointly cooperate and fund projects that address all of these concerns. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements-herein contained, the parties hereto agree as follows: Page 1 of 8 1. NOTIFICATION OF PROPOSED PROJECTS: Each year, prior to November 30, Meridian will provide to the District information on utility projects proposed for construction the following fiscal year. For each proposed project, Meridian will provide a description including scope, project limits, approximate depth and location of utility infrastructure, and other pertinent information. 2. DISTRICT EVALUATION OF PROJECTS: Within thirty (30) working days following project notification, the District shall evaluate the proposed projects. The evaluation shall include the following: A. Pavement Evaluation: The District shall perform a field inspection including excavating through the existing pavement, and determining existing base and sub -base thickness. Based upon a field observation of the pavement condition by the District, the Qistrict shall make a determination of whether full -width pavement restoration is appropriate and what base and sub -base section should be installed during the project. B. Drainage and Irrigation Crossings: The District shall perform a field inspection and appropriate research to determine if any drainage improvements or irrigation crossing improvements are needed or anticipated. C. Chip Seals, Overlays, and "No Cut" Areas: The District will identify whether the affected roadway has had a recent chip seal, overlay, new pavement, or other surface treatment, and how it will expect the pavement to be restored and paid. Additionally, the District shall recommend how long the project could be postponed to avoid restoration of a chip seal, new pavement, or other extra expense due to a road cut moratorium. 3. UNPLANNED PROJECTS: The District and Meridian recognize that despite planning efforts, some unplanned projects occur. Projects that are not planned a year in advance as contemplated above and need to be constructed in the same year they are identified will follow the same process but be expedited as much as possible. 4. PROJECT COORDINATION AND COST SHARE: After evaluation of proposed projects, Meridian and the District shall meet to coordinate the schedule and cost share of each project. It is envisioned that this will be accomplished at the regular quarterly meeting and before the end of February following project notification. This meeting will result in a final determination of the design and construction scope of each project and staff agreement on cost share. For projects where no additional road work has been identified by the District, staff shall agree on how to address cost share for extra road construction work due to site conditions unforeseen by the District's evaluation. This is by project and may simply refer to the ISPWC and the District's supplements. Page 2 of 8 5. BUDGETING FUNDS: After project scopes and cost shares have been agreed to, the District shall request adequate funds during its budget cycle to allow it to participate as planned. The District shall notify Meridian immediately if the budget approved is less than requested or appears to be inadequate to participate in Meridian's projects as planned. 6. ROADWAY PROFILE: If full -width paving is determined to be appropriate by the District, Meridian shall survey a profile of the roadway centerline and the edge of pavement and shall provide the information to the District to make a determination of the need for modification of the pavement profile. If roadway profile modifications are needed, the District shall provide Meridian, within a mutually agreeable time frame, a design for the roadway profile to be included as a part of the construction project. 7. PLAN AND DOCUMENT REVIEW: Meridian shall forward the plans and documents for review and approval by the District as agreed to during project scoping. Some projects may require a different level of review than others. Unless otherwise approved by Meridian, the District review of the plans and documents shall be completed within ten (10) working days of receipt of the plans. 8. UTILITY NOTIFICATION: For projects requiring full -width paving, the District shall notify other utilities of the project schedule and limits to allow for repairs and upgrades and new construction prior to bidding the project for construction. A. If other utility- companies participate in the paving costs, the revenue will be equally shared between the District and Meridian. 9. DESIGN AND BIDDING DOCUMENTS: Meridian shall be responsible for preparing the design and bidding documents for the projects and shall include within the bidding documents the recommended gravel base thicknesses and any roadway profile design modifications designated by the District. The bidding documents shall be structured such that the full -width pavement, including 3/4 inch minus gravel leveling course, is a separate bid item and the gravel base and subgrade stabilization (soft spot repair) are separate bid items. Meridian shall solicit, receive and open bids for the project in compliance with all state and local laws. Page 3 of 8 11. AWARD OF CONTRACT: For cost share projects, Meridian shall furnish the District with an abstract of all bids received and obtain the District's input regarding Meridian's recommendation for award of the contract prior to making such award. Award shall be made to the lowest responsible bidder pursuant to State law and Meridian's purchasing policies and procedures. In addition, Meridian shall provide an updated estimate of the District's share of the costs for the project based upon bids received. Following concurrence of the District, Meridian shall award the contract. Projects for which no cost share has been identified shall proceed with award of contract without input from the District. 12. INSPECTION: Meridian shall be responsible to provide the inspection for the installation of all Meridian utility infrastructure installed under the contract, including trench compaction and testing up to one foot (1') above the pipe zone. The District shall be responsible for providing the trench compaction testing for the utility infrastructure from one foot (1') above the pipe zone to the subgrade of the roadway section and for facilitating all retesting required in the area that does not meet contract requirements. The District shall also be responsible for the inspection and approval for the roadway reconstruction. The District shall be responsible for all inspection for storm drainage, irrigation crossings and other items for which it is paying. 13. SURVEYING: For full -width pavement restoration projects, Meridian shall be responsible for the construction staking for the roadway restoration in accordance with the design plans. In the event a redesign of the roadway section was not provided by the District, Meridian shall provide grade stakes for center line and edge of pavement to the same elevations that existed prior to the project. 14. MONUMENT REPLACEMENT: Meridian shall provide for the reference and replacement of all existing survey monuments within the area of the utility infrastructure trench. The District shall be responsible for the reference and replacement of monuments that are not disturbed during the utility infrastructure installation, if necessary. 15. OTHER UTILITY ADJUSTMENT, RELOCATION AND REPLACEMENT: Unless otherwise agreed to, the District shall be responsible for facilitating any adjustment, relocation or replacement of other utilities affected by the.street reconstruction beyond the utility infrastructure trench limits. This requirement, however, does not relieve the other utilities from being responsible for the cost should the District negotiate or require such adjustment, relocation or replacement. 16. CHANGE ORDERS: Meridian shall consult with and receive approval from the District prior to initiating any change orders which affect the District's costs or the District's intended roadway design. Page 4 of 8 17. BILLING AND PAYMENT: Unless otherwise agreed to, following completion of the cost share projects, Meridian shall bill the District for the District's share of the project costs. The District shall, within forty-five (45) days of receipt of the billing, reimburse Meridian for the District's share of the project costs. 18. PROJECT WARRANTY: Meridian shall require payment and performance bonds for all work completed under cost share projects and shall be responsible for conducting a two (2) year. warranty inspection prior to the expiration of the bonds. District concurrence of the acceptability of the construction will be required prior to release of the bonds by Meridian. Following the two (2) year warranty period, the District shall be responsible for any failures as a result of trench settlement or pavement deficiencies. Meridian shall be responsible for any failures due to the Meridian utility infrastructure construction deficiencies. 19. CHIP SEALING TYPE "P" SURFACE REPAIRS: In the event that full -width restoration is not needed or required and Type "P" surface repair is constructed as a part of a utility infrastructure project, the affected area may be chip sealed by the District during the next scheduled chip sealing season. If the road has been chip sealed within two (2) years of the utility infrastructure construction, Meridian may be required to pay the District to re -chip seal the affected area at the current chip seal pricing provided by the District. In this case, the District shall measure the affected area and bill Meridian for the cost. In the event the road has not been chip sealed within two (2) years of the utility infrastructure construction, the District shall not seek reimbursement from Meridian. 20. MISCELLANEOUS: A. This Agreement contains the full and entire understanding and agreement between the parties with regard to the subject matter hereof, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. B. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. C. 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. Meridian's commitment to fund any particular project is contingent on annual budget approval by the Meridian City Council and is based upon the availability of public funding under the authority of its statutory mandate and the Idaho Constitution Art. VIII, § 3. In the event that public funds are unavailable and not appropriated for the performance of Meridian's obligations under this Memorandum of Understanding, Meridian shall promptly give written notice to the District of the unavailability and non -appropriation of public funds. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of the Idaho Constitution Art. VIII, § 3. Page 5 of 8 D. 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. E. 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. F. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. G. This Agreement shall remain in full force and effect until either party states, in writing to the other party, its desire to terminate the Agreement, in which case the Agreement shall be considered terminated. However, any projects in progress which have been bid and awarded prior to the date of the request for termination shall continue to be subject to the terms of the Agreement. H. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. I. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. J. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. K. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. L. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. M. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. N. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. O. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party Page 6 of 8 to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. P. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. Q. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. R. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT fl(4 BY: By: ///moi ce Wong --9jJim D. Hanscn rrE. rap Ahon" Direc or President, Board of Commissioners ATTEST: TY OF MERIDIAN t. C �qq By: • !-6--At - , Lei Jayc L. Holman Sim ;` a 4 de Wee" ti City Clerk , <,`°.,/May• Page7of8 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) 6, vd On this _____3_____ day of F24"-Ct k , 201.8; before me, the undersigned, personally appeared 4S6, - , : • . c RUCE WONG, President of the Board of Commissioners and Director �respec:ively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, 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 body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 0,0a0.11.44,,, ,# f SPENC ;'• -1:, -4 4 hAilt ilkleita u„ ,,• s Notary P ,bl'- r Idaho e`N. 4. Residing at f$ ./ , Idaho '•.,• •'•.•�U•••,•'`O•••• My Commission expires: _esAugust 13,2019 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) . olb On this day of 'WhLk_a , r20-1.8; before me, the undersigned, personally appeared TAMMY L. DE WEERD a,\d JAYCEE L. HOLMAN, 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.4 0 • .. • I. ...._ •• ►,4.Os ;• 0; iab_cal....._ � • • ► i • • P. • • � 1010, Notary Publicfor Idaho ••• 9 6F`r. .' Residing ate�� , Idaho My commission expires: \ ,L.4 1 'D.cqo Page 8 of 8 Meridian City Council Meeting DATE• January 5,2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Genie GTH 1056 Telehandler Purchase Order approval for purchase of Genie GTH 1056 Telehandler from ONE SOURCE EQUIPMENT and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not -To -Exceed amount of $141,352.67 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Laurelei McVey Date: 12-23-2015 Re: January 6, 2016 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 5'' City Council Consent Agenda for Council's consideration. Purchase Order approval for purchase of Genie GTH 1056 Telehandler from ONE SOURCE EQUIPMENT and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not -To -Exceed amount of $141,352.67 Recommended Council Action: Approval of purchase of a Genie GTH 1056 Telehandler from ONE SOURCE, INC for the Not -To -Exceed amount of $141,352.67 and authorize the Purchase Manager to sign the Purchase Order. This purchase is being made from the HGACBuy contract (a cooperative contract) that has been reviewed and approved by Legal. This purchase is part of the approved 2016 Budget. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: ONE SOURCE EQUIPMENT, LP 619 HWY. 283 SOUTH THROCKMORTON, TX 76483 Description Genie GTH 1056 Telehandler - 45H per HGACBuy Contract Purchasing Manager: Special Instructions Purchase Order Attention: Tony Bernard Billing Attn: Finance 33 E Broadway Ave Address: Meridian, ID 83642 1/6/2016 16-0155 Shipping City of Meridian Wastewater Address: 3401 N. Ten Mile Meridian, ID 83646 Shipping Method: FOB: Unit ( Quantity 141352.67 Contractor Destination Pre -Paid I Unit Price 1.00 Purchase Order Total: Total 141,352.67 $141,352.67 Genie GTH 1056 Telehander per the attached written One Source quote dated 10/21/2015 and HGACBuy Contract #EM06-15 Product Code 45H. Purchase approved by Council 01/05/2016 Not -To -Exceed $141,352.67 60-3510-94400. Case 51615 JHGACBuyCONTRACT PRICING WORKSHEET Contract EM06-15 Date 10/21/2015 For Standard Equipment Purchases No.:11 Prepared: Buying :City of Meridian Idaho Contractor: :One Source Equipment Agency: Contact :Mr. Tony Bernard Prepared ;Cindy Todd Person: By: Phone: :208-888-2191 Phone: ;972-594-0927 Fax: z Fax: Email: :tbernard@meridiancity.org Email: ;cindy@onesourceequipment.coin Product 45H Description: :Genie GTH 1056 Telehandler, Terex Pricing Catalog: 41% off list Code: -. • ori tact: 136089.41 A::I' �dttct:I:{em Bade Unit: ri e:per::Co ifractari.......-.GAC C... t............................................................. . •'��•'aii:'� •odi^ ri: desc'ri t . ..........:.:.. B :Putili .....:Qptihits..... iriize: b:eloiv=:Attacli;additiori.......... I necessary..... �iide:Oph. • • C• . • , • p , . • • , . • , pp .... . . ....... . . . ( ote.Tiiblish6d:Q� 666n :are' o'iioiis 6ic' i:w�resuliriiifted and ' i cad:iri Coii6ictor`i.bid...... . •. iI` .............................13........................_.........i?............._.....•.•.........•...}..._....._.......:.:.:.:.:.....•.......:.:::::::::::::::::........._.....:...............:............................... Description Cost Description Cost Subtotal From Additional Sheet(s): Subtotal B: '• 0 .......................................•. t ii 1 et lil......:Q...... ....... _ .•.•......:.... I ......... (I Qte,.:Uri ublisfied:opkzan's:ar+ :itetp's wliiclk:were:not sd6zz.i... ...d:priced irk:Contt'a.'ct4r.s hid.) ............................ ............... ... • • • . • • • .• • ....... . Description : Cost Description : Cost Subtotal From Additional Sheet(s): Subtotal C: Ol Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: Price plus Published Options (A+B). For this transaction the percentage is: 0% D T{ifal Cost iie%re ari` other a ........ Clea"i. es :Tradet ...- r?c ....... ....... t.::etc A• B• C • ...... , .. , • .... , . , Y........ PR ............g..x•........... ...................... s.,.•.•.•.•.•.. ........... Quantity Ordered: �1 X Subtotal of A + B + C: 136089.4 = Subtotal D: 136089 41 ........ ......... I...................... ............ urges,..................... ccs, • c ............................................................................................................................................ Description Cost Description I Cost Unit Delivery: Meridian City, Idaho 5263.27 �. Subtotal E: E 5263.27 A rox 5 weeks »: >: >: T>Dt-a1:-urcHasc: price: 141352.67 >: bel><xery..Y)ate: PP ..,.�.. Q ffEWARWO Helping Governments Across the Country Buy THE SMART 0URCHAPNO S0010HU I PO Boa 22777 • 3555 Timmons Ln. • Houston, Texas 77227-2777. 1-800-926-0234 CONTRACT PRICING VERIFICATION TO: FROM: Tony Bernard/Kathy Wanner Veronica Johnson COMPANY: DATE: City of Meridian 12/07/2015 PHONE NUMBER: 208-888-2191 RE: Price Verification for 1) Z34/22 IC, Articulating Z Boom Lift, Diesel Engine, 40ft. 6in Working Height, 22ft. horizontal reach 2)Genie GTH 1056 Telehandler REFERENCE: Contract Pricing Worksheet dated 10/21-15 I have reviewed the pricing worksheet provided through HGACBuy the above referenced items l\/Iy review verifies the pricing worksheet provided is in compliance with the contract pricing that is effective 01-01- 16 for the Genie GTH 1056 Telehandler .When you are ready please make your Purchase Order out to the vendor and send a copy of the Purchase Order and HGACBuy Worksheet to veronica.johnson@h- gac.com or fax 713-993-4548 and also send a copy of the Purchase Order to the vendor. Please advise if we can assist further in this matter. Thank You Veronica Johnson, CTP Procurement Specialist Houston Galveston Area Council Cooperative Purchasing Program www.HGACBUY.org CENTRAL FA%# 713.993.4548 Al V ro x I V f4 O W N a W � H O ro 4J 0 I At I 4 u•rNi o P 44 A H (.q ^N O U F I \i O o G 10 rI 0 ro N Nm N O �i w O 4-3G a� N ro +n m ro >� 4 w u a a 0 a a a a O o o w io �o 0 o O co co w 0 0 o ri ri ri CD O r r r ri ri 04 O 44 P r H H q W ri O m m m O m W m m m O O m W co 00 O O O O O O O m m d' 'W 'dl 00i r m m 0 0 m -ZM W W N — ri ri ri 0 ri O ri ri ri 0 m 0 m m m 0000 o a 0 0 0 0 co co 00 00 Ln m LO Lr) W o o W W d 0 0 00 00 co co 0 0 m m m m 0 0 0 O o o m m m m C; r r r r o O 0 0 N N N N +� ro RI �� o 4 -iri)W ro 04 O 44 P r H H q 4J ro 2 o u 0 w fu z w P4 H U A }I ro 3 0 O w 0 o N O O S W o U m H �d Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Award of Bid and Agreement to OXARC Approval of Award of Bid and Agreement to OXARC, INC for the "Supply and Delivery of Sodium Hypochlorite" project for a Not -To -Exceed amount of $90,719.10 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Josh Gabel/PM Date: 12-22-2015 Re: January 5, 2016 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 5h City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to OXARC, INC for the "Supply and Delivery of Sodium Hypochlorite" prosect for a Not -To -Exceed amount of $90,719.10. Recommended Council Action: Award of Bid and Approval of Agreement to Oxarc, Inc for the Not -To -Exceed amount of $90,719.10. Thank you for your consideration. 0 Page 1 CONTRACT / AGENDA CHECKLIST Date: 10/13/2015 REQUESTING DEPARTMENT Fund: 60 Department: 3430/3510 Water/Wastewater GL Account: 52015 Project # Construction: Task Order PSA Equipment x Project Name: Sodium Hypochlorite Project Manager: Josh Gabel/Laurelei McVey Department Representative: Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Contract Amount: na $90,917.10- as -needed basis Will the project cross fiscal years? Yes No x Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes No X If no please state circumstances and conclusion: Low bidder did not current business registration in State of Utah or Idaho, Bid deemed non-responsive, Bidder given opportunity to provide documentation, but did not submit anything to substantiate Debarment Status (Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: December 11, 2015 10 day protest period: December 21, 2015 PW License # na Expiration Date Corporation Status Goodstanding Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): December 18, 2015 na na Expiration Date: December 31, 2015 Rating: A Rating: na Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only appiicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: December 22, 2015 Approval Date January 5, 2016 By: Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) C/ F— D Cf) W ac O M N Ln r - CD N C14 L .Q E m i 0 Z W T1 N O E 0 W Q Z a F3 c = LM 0 r Z 0 0 Q Q 0 2 U 00 t ON uanpueppd paufiig cc O G Z W Q �NI I nn �u Q AGREEMENT FOR SUPPLIES SODIUM HYPOCHLORITE THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this of 6a" , 201.& and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Oxarc, Inc, hereinafter referred to as "SUPPLIER", whose business address is 2076 Centu Way, Boise, ID 83709., INTRODUCTION Whereas, the City has a need for services involving the procurement of SODIUM HYPOCHLORITE; and WHEREAS, the Supplier is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the document titled "Supply Specifications & Requirements" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 The Supplier shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices forthe profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Supplier and any reports or opinions prepared or issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. SODIUM HYPOCHLORITE page 1 of 13 2. Consideration 2.1 The Supplier shall be compensated on a per gallon basis (Not -To -Exceed $90,719.10 in Fiscal Year 2016) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2016 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 The City reserves the right to extend the resulting contract for up to three (3) additional one year terms from the date of expiration, provided such extension is mutually agreeable to both parties. Any such extension must be in writing in the form of a Contract Amendment and executed by both parties. Pricing is firm fixed and shall be held through the life of the agreement. 3.3 The City reserves the right to extend the Agreement based on the terms and conditions of the Invitation for Bid Document and Specifications for up to three years from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. 3.4 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 3.5 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, SODIUM HYPOCHLORITE page 2 of 13 may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.6 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's business; or c) Death of Supplier 4. Termination: 4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at anytime by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. SODIUM HYPOCHLORITE page 3 of 13 5.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 5.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: 6.1 SUPPLIER 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 and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. SODIUM HYPOCHLORITE page 4 of 13 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. 6.4 The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY SUPPLIER City of Meridian Oxarc, Inc Purchasing Manager Attn: Mike McGuire 33 E Broadway Ave 2076 Century Way Meridian, ID 83642 Boise, ID 83709 208-888-4433 208-376-0377 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. SODIUM HYPOCHLORITE page 5 of 13 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITYto audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. SODIUM HYPOCHLORITE page 6 of 13 16. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and not a guarantee to purchase and are subject to increase or decrease within the contract period. Any increase or decrease will be governed by the same terms and conditions of this Agreement. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Rid document, and successful bid document. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 23. Public Records: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Supplier may be open to public inspection and copying unless exempt from disclosure. The Supplier shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The City will not accept the marking of an entire document as exempt. In addition, the City will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Supplier shall indemnify and defend the City against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Supplier's failure to designate individual documents as exempt. The Supplier's failure to designate as exempt any document or portion of a document that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any such release. SODIUM HYPOCHLORITE page 7 of 13 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN OXARC, INC TAMMY de WEEP, MAYOR Dated:1 16 /,/ (,o— Approved by Council: , 15 Dated• 1 GI -17 -) L JAYeM L. F�CILMAN, CIT:LLE sEAL Purchasing p7:- KEITWWATTS, BY: Purchasing Manager Dated:,. f ZIZ /,fd� f 1" `P e Dated:,, ! 7--2J r I SODIUM HYPOCHLORITE page 8 of 13 Attachment A Supply Specifications & Requirements The City of Meridian Water Division operates 21 chlorine injection/storage systems with a total bulk chlorine storage capacity of 11,800 gallons. Deliveries are typically weekly to every two weeks. The City of Meridian Wastewater Treatment Plant operates a reclaimed water system with a bulk storage capacity of 3,500 gallons. The bulk of deliveries will occur between May and October. On occasion the City Wastewater Treatment Plant also requires the delivery of Sodium Hypochlorite in 15 gallon containers and in 300 gallon totes. Delivery is FOB to all Meridian Locations: Facility Address Well ##9 725 W Franklin Well #10B 2003 Jericho Wa Well #11 2250 Lanark Well #12 1730 N. Ten Mile Road Well #14/ PRV 04 555 E. Overland Well #15 1355 N. Linder Well 416 1100 N. Hickory Well #17 1200 E Time Zone Well #18 3319 N. Summerfield way Well #19 3301 Neiman Dr Well #20 & 2 MG Reservoir 3245 N. Meridian Road Well #20 B 3245 N. Meridian Road Well #21 300 E. Watertower Well #22 2250 Stoddard Well #23 1774 Silverstone Way Well #24 2860 N. Blue Springs Ave. Well #25 2725 E. Victory Road Well #26/ PRV 20 6378 N. Locust Grove Well #27 303 N. Ten Mile Rd Well #28 2658 E. Taconic Victory reservoir Coastline Dr and Locust Grove Meridian Wastewater Treatment 3401 N Ten Mile Road The Supplier shall be capable of deliveries at least every seven days upon required proper notification. Each delivery may be between 200 to 3,200 gallons at one time. SODIUM HYPOCHLORITE page 9 of 13 Because storage space is limited, orders will be placed on an as needed basis Annual usage at the Water Division has varied from 27,000 gallons to over 37,000 gallons. Annual usage at the Wastewater Treatment Plant is approximately 35,000 gallons. The Wastewater Treatment Plant also occasional uses totes (approximately 1 tote per quarter) and 15 gallon containers (approximately 3 per quarter). The amounts are estimated and may increase or decrease over the term of the Contract. Refer to Invitation for Bid WTR-1605-10619, all addendums, attachments, and exhibits included in the Invitation for Bid package # WTR-1605-10619, are by this reference made a part hereof. SODIUM HYPOCHLORITE page 10 of 13 SPECIFICATIONS AND REQUIREMENTS The Liquid Sodium Hypochlorite shall not contain any foreign matter or Impurity that may damage or interfere with the Clty's equipment, facility, or treatment processes. This includes foreign matter or impurities that area result of shipment or transfer into the City's tanks. The Supplier shall reimburse the City for any damages or costs incurred from any foreign material or impurity. The Liquid Sodium Hypochlorite shall not contain any impurity in sufficient quantities that causes or may cause, by the City's normal usage of the Liquid Sodium Hypochlorite, the City to violate any existing Federal limit or water quality standard, or any limit or standard that may be implemented during the term of this contract. Should any permit limit or water quality standard exceedance be determined to be directly attributable to the Liquid Sodium Hypochlorite supplied, the Supplier shall immediately take the necessary steps to remove or reduce the containment concentrations to levels satisfactory to the City, Sodium Hypochlorite shall have a concentration of not less than 12.5% Sodium Hypochlorite by weight. The pH shall be not less than 11, and not more than 13 units. The specific gravity shall be not less than 1.20, and not more than 1.23. Operations staff shall notify Supplier by phone or email for delivery. Supplier shall deliver within 5 working days after notice from staff. Supplier agrees to keep sufficient inventory on hand to meet the City's needs. The Supplier shall provide a Bill of Lading/Weigh Slip with each delivery indicating the following: • date of delivery, • bill of Lading/Weigh Slip Number • gross weight of delivery vehicle and Liquid Sodium Hypochlorite in pounds, • tare weight of delivery vehicle in pounds, and • net weight of Liquid Sodium Hypochlorite in the delivery vehicle in pounds. • number of gallons Note: Failure to supply the required Certificates, or failure to meet any specification described herein, shall be sufficient cause to reject the load. Prospective Bidder shall include any charges for the Certificates in the bid price. SODIUM HYPOCHLORITE page 11 of 13 DELIVERY LOGISTICS The Supplier shall ship the Liquid Sodium Hypochlorite to the City as a "bulk" liquid in a tank truck and shall ensure all shipments comply with all US DOT regulations for marking. The Supplier shall have the ability to deliver Liquid Sodium Hypochlorite in gallon and tote containers. Failure of Supplier to successfully complete a delivery is sufficient grounds to constitute a breach of the contract. The Supplier is expected to comply with reasonable requests for emergency deliveries. The temperature of the Liquid Sodium Hypochlorite upon delivery must be less than or equal to 80 OF. The Supplier shall measure the temperature of the product delivered just prior to, or during transfer in to the City's storage vessels. The Supplier shall handwrite the measured temperature on the Certificate of Analysis or Conformance discussed above. The Supplier shall Initial and date the recorded temperature. The tank truck must be sealed and equipped with a self-contained system to deliver all the Liquid Sodium Hypochlorite in the load into aboveground storage tanks. An example of a delivery mechanism is pressurizing the tank with an air pump. The Supplier shall supply all transfer equipment. The Supplier shall not use the City's equipment. The transfer mechanics shall be such to allow the driver to complete the task alone under normal circumstances, without the aid of the City. The driver shall follow all City's security procedures and requirements for personal protective equipment. (The City shall inform the Supplier of these procedures and requirements initially, and shall communicate any changes throughout the term of the contract.) Before unloading, the driver shall present the Bill of Lading, Weigh Slips, the Certificate, and any other applicable order/delivery documents based on inadequate or non -conforming information in these documents. All other documentation prescribed by DOT, ICG, other regulatory bodies and statues must be provided when the Liquid Sodium Hypochlorite is delivered. The City reserves the right to subject samples of the Liquid Sodium Hypochlorite to analysis to determine if the Liquid Sodium Hypochlorite meets the City's specifications. The Supplier shall facilitate the sampling process, when asked. Failing to comply with the City's specifications shall constitute grounds for rejection of that load and is sufficient grounds to constitute a breach of contract. If in the opinion of the City, there is necessity to remove non -confirming Liquid Sodium Hypochlorite within 24 hours of being notified without additional cost to the City. Alliteratively, the City may remove the Liquid Sodium Hypochlorite and the cost for removal and disposal shall be billed to the Supplier. The Supplier may not charge for delivered material the City rejects. SODIUM HYPOCHLORITE page 12 of 13 Attachment B PAYMENT SCHEDULE TASK DESCRIPTION SODIUM HYPOCHLORITE, per attached Specifications (Attachment A) AMOUNT 1 GALLON A. Sodium Hypochlorite , Bulk Delivery $1.63 B. Sodium Hypochlorite (Delivered in 300 gallon totes) $2.57 C. Sodium Hypochlorite (Delivered in 15 gallon containers) $2.86 Total Price to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals and applicable taxes. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SODIUM HYPOCHLORITE page 13 of 13 IDSOS Viewing Business Entity Page 1 of 3 Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for OXARC INC. ] [ Monitor OXARC INC. business filings ] OXARC, INC. PO BOX 3031 SPOKANE, WA 99220 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 18 Mar 1971 State of Origin: WASHINGTON Date of 18 Mar 1971 Origination/Authorization: Current Registered Agent: WADE KRESS 2513 3RD AVE N LEWISTON, ID 83501 Organizational ID / Filing C43519 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 26 ]an 2015 Annual Report Due: Mar 2016 Original Filing: r [ Help Me Print/View TIFF ] Filed 18 Mar 1971 CERTIFICATE OF AUTHORITY [ Help Me Print/View TIFF ] Amendment Filed 18 Mar OTHER - RA 1971 Amendment Filed 23 May NAME CHANGED TO NORWECO, INC. 1973 Amendment Filed 22 Sep OTHER - CHG RA 1982 Amendment Filed 06 Dec NAME CHANGED TO OXARC, INC. 1995 [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2015 CHNG View Image (PDF format) View RA/RO Image (TIFF format) Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C43519.html 12/21/2015 IDSOS Viewing Business Entity Page 2 of 3 Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2007 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2006 ANNUAL View Image (PDF format) View REPORT Image ('TIFF format) Report for year 2005 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2004 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2003 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2002 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2001 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1999 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1998 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1997 ANNUAL View Image (PDF format) View REPORT Image(TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1995 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1994 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1993 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1992 ANNUAL View Image (PDF format) View REPORT Image(IFF format) Report for year 1991 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1990 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1989 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1988 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1987 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C43519.html 12/21/2015 IDSOS Viewing Business Entity Page 3 of 3 Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo agsos.idaho.gov http://www.accessidaho.org/public/sos/corp/C43519.html 12/21/2015 OXARINC-01 PMILLER '4`Ca`Ra CERTIFICATE OF LIABILITY INSURANCE �+---� DATE(MM/DOIYYYY) 9 2!18(2015 THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moloney O'Neill/Alliant Insurance Services Inc. 818 W. Riverside, Ste 800 Spokane, WA 99201 CONT Ed Tahish PHONE (509} 325-3424 FNC No : A/C N° Ed' ADDDRESS: dpikemo-ins.com INSURER(S) AFFORDING COVERAGE NAIL X 12/3112014 INSURERA:United States Fire Insurance Company 21113 EACH OCCURRENCE $ 1,000,000 INSURED H: _INSURER INSURERC! Oxarc, Inc. INSURER 0: 4003 E Broadway Spokane, WA 99202 INSURER E: INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCEP ADDLISUORI IN 33 B Broadway Ave Suite 106 POLICY NUMBER Y EFF MMIDDLIIYYWMMIDOIYYYYEXP POLICY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE TOCCUR X Contractual Liabilit X 008879058E 12/3112014 12/31/2015 EACH OCCURRENCE $ 1,000,000 pREM1SES Eaocw— frence) $ tLJ 100,000 MEDEXP(Anyonepefwfl) S SAO X Included PERSONAL &ADV INJURY $ 1,000,00 GENLAGGREGATE LIMITAPPLIES PER: POLICY FX ] JFCOT_ F—] LOC OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS-COMPIOPAGG $ 2,000,00 S AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS CEa accideOMBINED SINGLE LIMITnt $ BODILYINJURY (Per parson) S BODILY INJURY (Per acddent) S PROPERTY DAMAGE 5 Per accident $ UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS'UABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Wow NIA 506879058E 12/3112014 12/3112015 PER TH- STATUTE ER EL EACHACCICENT $ 1,000,000 E.L. DISEASE • EA EMPLOYEE 5 1,000,00 !:...DISEASE -POLICY LIMIT 5 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks sthadulo, may be attached N mora space is required) City of Meridian it's elected officers, officials, employees and volunteers are Additional Insureds under the General Liability for Ongoing Operations of the Named Insured, Coverage is Primary. CERTIFICATE HOLDER CANCELLATION 0)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33 B Broadway Ave Suite 106 ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE 0)1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD OXARINC-01 PMILLER 100►"#C"-CERTIFICATE OF LIABILITY INSURANCE DATE /14120Y6 1211x12015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE. HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsement(s). PRODUCER Moloney O'Neill/Alliant Insurance Services Inc. 818 W. Riverside, Ste 800 Spokane, WA 99201 NAMKim Johanson, CIC PHONE E , (509) 325-3x24 IF No B EMAIL ADDRESS: dpike,mo-ins.COm INSURERS}AFFORDING COVERAGE NAIC a' INSURER A: Liberty Northwest Insurance Corporation 47939 INSURED INSURER B INSURER C : OXarc, Inc. 4003 E Broadway Spokane, WA 99202 INSURER D; INSURER E; INSURER F: PERSONAL &ADV INJURY S 4VVtRASa45 CERTIFICATE NUMBER_ Pmtmieim Fd"" Imo% THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 1NSUREO NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL R TYPE OF INSURANCE Db IN WVD POUCYNUMBER POLICY EF IMMIDDIYYYYJ POLICY E7fP [MMJDDrYYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR EACH OCCURRENCE S PREMISES Ea occurrence $ MED EXP (Anyone person) S PERSONAL &ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER, POLICY PRO- JECT L_7 LOC OTHER: GENERAL AGGREGATE S PRODUCTS -COMPIOPAGG S S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTO$ NON -OWNED AUTOS - -- - - — --..� .Cah6Hu+EDS1.yGLS L.Mr r y - - • - Ea acctaent) BODILY INJURY (Per person) S BODILY INJURY Peraccdem S� ( ) PROPERTYDAMAGE S Peraaadent 5 UMBRELLA UAB EXCESS UAB Id OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DEO RETENTIONS $ A WORKERS COMPENSATIONP AND EMPLOYERS I.IABIUTY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NN) Ityas, doscrim under DESCRIPTION OF OPERATIONS below N I A I C41NCO154640150R,ID,MT 1010112015 10/0112016 R DTH. X STATUTE ER E.L. EACH ACCIDENT S 1,000,00 El,DISEASE-EAEMPLOYE 5 1,000,000 E.L. DISEASE -POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS ILOCAMONSI VEHICLES 1ACORD 101, Additional Remarks Schedule, may be attached If mom apace is required) City of Meridian 33 E Broadway Ave Suite 106 Meridian, W 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE 1985-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 5E ITEM TITLE: ESO, Solutions, Inc. ESO, Solutions, Inc. Business Associates Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Dahle Construction, LLC for the "Waterline Extention" Approval of Award of Bid and Agreement to Dahle Construction, LLC for the "Waterline Extension - Amity Road and Meridian Road, Locust Grove to Harris Street - Construction" project for a Not -To -Exceed amount of $695,690.75. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dean Stacey/PM Date: 12/30/2015 Re: January 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 6th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Dahle Construction, LLC for the "Waterline Extension — Amity Road and Meridian Road Locust Grove to Harris Street - Construction" project for a Not -To -Exceed amount of $695,690.75. Recommended Council Action: Award of Bid and Approval of Agreement to DAHLE CONSTRUCTION, LLC for the Not -To -Exceed amount of $695,690.75. Thank you for your consideration. • Page 1 Date Fund 11/25/2015 CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT 60 Department: 3490 Public Works GL Account: 96140 Project # 10533.b Construction: x Task Order PSA Equipment Project Name: Waterline Extension - Amity and Meridian Roads, Locust Grove to Harris St Project Manager: Dean Stacey Department Representative: Contractor/Consultant/Design Engineer: CMI Survey Consultants /// DAHLE CONSTRUCTION, INC Budget Available (Attach Report): yes Contract Amount: $695,690.75 Will the project cross fiscal years? Yes No Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes x No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) na Date Award Posted: December 17, 2015 10 day protest period: PW License # C-11353 Expiration Date June 30, 2016 Corporation Status Goodstandin>? Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes NA No NA (Only applicabale for projects above $1,000,000) (Type in date verified and the status) December 27, 2015 December 29, 2015 Expiration Date: April 1, 2016 Rating: A+ December 30, 2015 Rating: If yes, has policy been purchased? A NA Date Submitted to Clerk for Agenda: December 30, 2015 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) ( �� E I DIAN�- Public I DA H O 7 Works TO: FROM: DATE: Department Kathy Wanner Dean Stacey, Engineering Project Manager December 22, 2015 Mayor Tammy de Weerd City Council Memberfe Charlie Rountree Keith Bird Joe Borton Luke Cavener Genesis Milam David Zaremba SUBJECT: CONSTRUCTION CONTRACT FOR A WATERLINE EXTENSION ON AMITY AND MERIDIAN ROADS FROM LOCUST GROVE TO WEST HARRIS STREET WITH DAHLE CONSTRUCTION, FOR A NOT -TO - EXCEED AMOUNT OF $695,691 I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 489-1386 Kyle Radek, Assistant City Engineer 489-1343 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background Due to the renewed interest and growth in southern Meridian, demand on our water system is increasing. In order to meet the increased demand in Pressure Zone 5, a new 16 inch water main needs to be designed and installed westward from Locust Grove Road to Meridian Road to connect with the existing system at Meridian Heights. B. Proposed Project Install a 16 inch water main extension on Amity Road from Locust Grove Road westward to Meridian Road then North to West Harris Street. The waterline will be reduced from a 16 inch to a 12 inch line at a tee in Meridian Road heading westward on West Harris Street. Fire hydrants will be installed at intervals along the length of the project. Additionally, Mary McPherson Elementary School, on Amity Road, has asked to be connected to our new system. Page 1 of 3 C. Describe Item Construction Contract. III. IMPACT A. Strategic Impact: Currently, the City of Meridian does not have any water mains in this area. This project will allow new water service to be available to customers and fire hydrant access along Amity Road. Additionally, the waterline extension will connect various areas of Pressure Zone 5 and accommodate fixture expansion around the Kentucky Ridge subdivision. This project is in direct alignment with the Public Works mission to anticipate, plan and provide exemplary public services and facilities that support the needs of our growing community. B. Service/Delivery IMpact: Currently, there is no city -provided water service to this area of Meridian. Construction of this project will allow the City to provide water service and increased fire -fighting capability to the area. C. Fiscallmpacts Project Costs: --------- ------------------------------------------------------------------------------------------- Fiscal Year 2016 _----------------------------------------------------------------------------------------------------' Contract Amount 65 691 - --------------------------------------------------------------------------------------_ . ------- ---------------------------------------------------------------- ------------------------------------------------ -------------------------------------------------- ----------------------------------- --------------------------------------------------------------------- --------------------------------- ---------------------------------------------------------- --------------------------------- ;_Total Project Cost $695,691 Project Funding Available ---------------------------------------------------------------- T -------------------------------- Fiscal Year 2016Account Code 1 Codes -------------------------------------------------------------------{-------------------------- ---------------------------------------------------------------- ---------------------------------- 60-3430-54110 $850,000 ----------------------------------,-- r --------------------------- -----, ------------------------------------------ Total Funding $850,000 IV. TIME CONSTRAINTS Execution of the attached agreement is vital in order to provide new adequate availability of drinking and fire -fighting water supply to Pressure Zone 5 residences. Page 2 of 3 Departmental Approval: Z// Data Page 3 of 3 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WATERLINE EXTENSION - AMITY AND MERIDIAN, LOCUST GROVE TO HARRIS ST CONSTRUCTION PROJECT # 10533.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 5th day of January, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Dahle Construction, LLC, hereinafter referred to as "CONTRACTOR", whose business address is 90 Hwy 93 North, Salmon, ID „83647 and whose Public Works Contractor License # is C -11353 -AAA -1-2. INTRODUCTION Whereas, the City has a need for services involving WATERLINE EXTENSION - AMITY AND MERIDIAN, LOCUST GROVE TO HARRIS ST CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 1 of 14 Project 10533.b non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1,3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration, 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $695,690.75. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment rria&by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 2 of 14 Project 10533.b 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3,2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, 4 the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Contractor shall have until March 15, 2016 to complete the Watkins Drain and other irrigation pipe crossings. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day, Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 180 (one hundred eighty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 210 (two hundred ten) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 3 of 14 Project 10533.b record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 5.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. independent Contradtor; 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persoffs shall be entirely and exclusively under the direction and supervision and control of the Contractor. Waterline Extension - Amity And Meridian, locust Grove To Harris St Construction page 4 of 14 Project 10533.b 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract, 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injuryto persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, of• damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 5 of 14 Project 10533.b changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 6 of 14 Project i 0533.b the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12, Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (SSCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity,orq/enviroiimental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 7 of 14 Project 10533,b shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material; No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 8 of 14 Project 10533.b 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement, It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 9 of 14 Project 10533.b execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 23. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission, 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 10 of 14 Project 10533.b communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian DAHLE CONSTRUCTION, LLC Purchasing Manager Attn: Tyler Dahle 33 E Broadway Ave 90 Hwy 93 North Meridian, ID 83642 Salmon, ID 83467 208-489-0417 Phone: 208-756-3241 Email charleslamourePvahoo.com Idaho Public Works License #C -11353 -AAA -1-2 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN - DAHLE CONSTRUCTION, LLC z. TAMMY de " RD, MAYOR Dated: t vJ i Approved by Council: JAIL L. MLMAN, CITY CLE Dated: ` eI rr 1- Fr SEA � � 4 Purchasing Approval BY: KEIT S, Purchasing Manager Dated:: l 21046%/ Depar ent Appro I BY: .. 4 WARREN STEW- RT, Engineering WiTrag'br Dated:: :i � f '; Project Manager Dean Stacey 1�416 t aterline Extension-rAmity And Meridian, Locust Grove To Harris St Construction Project 10533.b page 11 of 14 REFER TO INVITATION TO BID PW-1609r10533.B ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1609-10533.13, are by this reference made a part hereof. SPECIFICATIONS 1 SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (1SPWC), the 2013 City of Meridian Supplemental Specifications to the 1SPWC (and any Addendums). See separate attached documents: ® PLANS NAME BY Civil Survey Consultants dated October 2015 (13 of pages) SPECIAL PROVISIONS by Civil Survey Consultants dated October 28, 2015 (44 of pages) Waterline Extension - Arnity And Meridian, Locust Grove To Harris St Construction page 12 of 14 Project 10533,b Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $695,690.75. Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 13 of 14 Project 10533.b Milestone i Watkins Drain and Irrigations Crossings March 15, 2016 Milestone 2 Substantial Completion 180 Days from Notice to Proceed Milestone 3 Final Completion 210 Days from Notice to Proceed Contractincludesfurnishing all labor, materials, equipment, and incidentals as required for the WATERLINE EXTENSION - AMITY AND MERIDIAN, LOCUST GROVE TO HARRIS ST CONSTRUCTION per IFB PW -1609-10533.B. NOT TO EXCEED CONTRACT TOTAL ....................... $695,690.7 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actua quantitles of each item of work in accordance with the contract documents. 6Qtr�c�Pr�ctg Seeule z . Y�_.. Item No. Description Quantity Unit Unit Price 307.4.1.1=.1. Type C Surface Restoration 223 SY $ 10.00 Type "P" Surface Restoration — Harris 307.4.1.G.1.a. 637 SY $ 29'00 Street Type "P" Surface Restoration — Amity 307A.1.G.1.b. 4,157 SY $ 19.50 Road Type "P" Surface Restoration — 307.4.1.G.1,c, 458 SY $ 41.00 Meridian Road SH -69) Type "P" Surface Restoration -- Mary 307.4.1.G.1 A. 520 SY $ 23.50 McPherson Elementary Type "P" Surface Restoration — 307.4.1.G.1.e. 121 SY $ 22.50 Temporary 28"0, 3/8" Thick Steel Casing- Pipe 308.4.1.A.1. 20 LF $ 704.00 Borinq and Jacki n 6" PVC, AWWA C900, DR18 Water 401.4.1,A.1.a. 136 LF $ 23.00 Main 8" PVC, AWWA C900, DR18 Water 401.4.1.A.1.b, 314 LF $ 35.00 Main Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 13 of 14 Project 10533.b 401.4.1.A.i.c. 12" PVC, AWWA 0900, DRI 8 Water Main 3,350 LF $ 36.50 401.4.1.A.1.d. 16" PVC, AWWA C905, DR25 Water Main 5,241 LF $ 42.50 402.4.1,A.1.a. 6" Gate Valve 11 EA $ 890.00 402.4.1.A.1.b. 8" Gate Valve 1 EA $ 1,205.00 402.4.1.A.1.c. 12" Gate Valve 7 EA $ 1,850.00 402.4.1.A.1.d. 16" Gate Valve 9 EA $ 5,490.00 403.4.1.A.1. Fire Hydrant Assembly 10 EA $ 2,650.00 404.4.1.A.i. 2" Standard Water Service Connection 1 EA $ 2,370,00 706.4.1.G.1. Concrete Repair 11 SY $ 96.00 1001.4.2.A.1. Staging Area 1 EA $ 3,315.00 1001.4.1.B.1. Stabalized Construction Entrance 2 EA $ 11000.00 1003.4.1.G.1, Straw Wattle 1,065 LF $ 2.65 1006.4.1.C.1. Inlet Protection 7 EA $ 75.00 1103,4.1.A.1. Traffic Control 1 LS $ 12,100.00 2010.4.1.A.1. Mobilization 1 LS $ 23,210.00 SP-1 12"" Blow-off Assembly Per Meridian SD- 3 EA $ 1,585.00 SP-2 Cold Mill and Replace Existing Pavement 258 SY $ 13.00 SP-3 2" Water Service Line (Meter to Buildin 343 LF $ 16.00 SP-4 Abandon Existing Water Line 1 EA $ 350.00 SP-5 Traffic Rated Lid and Vault 1 EA $ 380.00 SP-6 Lean Concrete Backfill 335 LF $ 61.00 SP-7 Nighttime Work 1 LS $ 4,975.00 Waterline Extension - Amity And Meridian, Locust Grove To Harris St Construction page 14 of 14 Project 10533.b nl :t� � C: W Q (%) W O D O � J O ` OOd' W d cc 0 O m O O O td It O ` OOd' \ d 0 0 0 co It O O O of E 6 N CO N O t () O d' 1- O 00 M c� O It LO d ami Ln Ch CO W Il O (fl W 00 C W 00 I` a> m a mC)mmr-m � w n w m 'd- It 0 It w Q � 69-60-69-649-(4613-61)<I,> Z Z G C 61� 00 00 O m O O O O It O O OOd' 0 0 0 N It O O O of 6 6 N CO N O t () O d' 1- m 00 CO O It d G Ln O CO C7 Il O (fl W 00 N W 00 I` rl m w mC)mmr-m n m 'd- It 0 It w co 69-60-69-649-(4613-61)<I,> 61� LO — O O in O l�c�oo I� N O M Lq M 00 O CO CO CO M N CM 0 M O CO (0 N (D Qc 00 r Cn r r M O Lo C7 CO CO N I' O d' O Ln 00 O M O 00 r N (D P- n CO CO M M (f} EF} 613- (f} ff} H} 69- Efl (f} X X X X X X X X X x X x x x x x x x X X X X X X X X X1 I x lxlxlxl x x x x XI I x x X x x X x x X1 I X X X X X X X X X C: C: O -o O o� 0) U tea) O U i 0C O "6 C:C coUC7 U F- U '> o a c O i Y c U cz x O co U)a) m co D1—JY�UQmQ 0) E .c 0) C d Iz Lol Q �—�.. DAHLCON-03 KFOSSUM ACOR�� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)12/18/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Boise Office Pa neWest Insurance, Inc. 960 Broadway Avenue Suite 100 Boise, ID 83706 CONTACT NAME: PHONE (208) 424-2900 FAC, No): (208) 424-2999 Afc No Ext ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Insurance Companies '$'- 10677 04/01/2016 INSURED INSURER B: Idaho State Insurance Fund 36129 INSURER C : Dahle Construction LLC INSURER D: 90 Hwy 93 N INSURER E : Salmon, ID 83467 INSURER F: A rr1111:I7Ar1_1:c rFRTIFIrATF NI IMRF'R- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE T OCCUR X X EPP0134646 04/01/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 ET RET 500,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL RADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO JECT F—]LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS X X EPP0134646 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT $ 1,000,000 a Ea ccident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Pe PE DAMAGE $ a c den A X UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EPP0134646 0410112015 04/01/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / ANY PROPRIETOR/PARTNER/EXECUTIVE ❑N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 575902 04/01/2015 04/01/2016 X STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Waterline Extension -Amity Road and Meridian Road, Locust Grove to Harris Street -Construction r FRTIGIf'ATF I-Irll nr:p CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Meridian Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Purchasing Department 33 E Broadway Ave Ste 106 Meridian, ID 83642 AUTHORIZED REPRESENTATIVE %� 40%uwu ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANCES THE POLICY. PLEASE BEAD IT CAREFULLY. CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: .0%liins orjPage: 1, Employee Benefit Liability Coverage.................................................................................................. 2 2. Unintentional Failure to Disclose Hazards 7 3. .......................................... ....... ....................,........ Damage to Premises Rented to You ................................................. ..., . ........................ . , .. $ 4. Supplementary Payments.................................................................................................. 8 5. Medical Payments...................................................................................................,......... 9 6, Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.).................................................................. .............. 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation ........ ., ., ............................... ..... .. .10 9. Automatic Additional Insured - Specified Relationships:................................................................10 Managers or Lessors of Premises; Lessor of LeasedEquipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10, Broadened Contractual Liability - Work Within 50' of railroad Property.........................................14 11. Property Damage to Borrowed Equipment....................................................................................14 12. Employees as Insureds - Specified Health Care Services:..,.........................................................14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 B. Limits of Insurance. The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1, Employee Benefit Liability Coverage Each Employee Limit:. $ 1,000,000, Aggregate Limit: $ 3,000,000. Deductible: $ 1,000 3, Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown In the Declarations; or b, $500,000 unless otherwise stated $ 4. Supplementary Payments a, Bail bonds: $ 1,000 b. Loss of earnings: $ 350 S. Medical Payments Medical Expense Limit: $ , 10,000 lnbludes o0yrighted material of Insurance GA 233 02 07 Services Office, Inc„ with Its permission, Page 1 of 16 B. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (trach Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM have used up the ap- a Area (For Limits in Excess of b Payroll (For Limits in Excess of a. The following is added to SECTION I c Gross Sales $5,000) $5,000) ments. dUnits No other obligation or liabil- (1) Insuring Agreement e Other b, Care, Custody (a) We will pay those sums that $ or Control under Supplementary Pay - obligated to pay as dam- OTAL. ANNUAL, PREM U ages caused by any act, er- (b) ror or omission of the in- 11" Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible; $ 250 C. Coverages: have used up the ap- Employee Benefit Uiabili Coverage y � g plicable1. nte limit of int of encs in the payment of a. The following is added to SECTION I judgments or settle - COVERAGES: Employee Benefit ments. Liability Coverage: No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services Is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- (b) ror or omission of the in- This Insurance applies to sured, or of any other per - damages only if the act, er- son for whose acts the in- ror or omission, Is ne li- sured is legally liable, to gently commuted in the which this insurance ap- plies. We will have the right "administration of your employee benefit pro - and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. ioy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided; not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement, 1) The amount we will pay for damages Is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 2 of 16 Damages arising out of fail- i} Reports all, or formance of investment Taxes, fines or penalties, any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3) Advice given to any Code or any similar state or or any other person with respect to Insufficiency of funds to Insurer; that person's decisionto G7 Employment -Related any plan Included in the or not to. "employee benefit pro- ". ii) Receives a partiticipateate in any plan any: written or ver- included in the ' gim- ance of Investment / Ad- bal demand or ployee benefit pro- (2) Terminabon of em - claim for dam- gram". Any claim based. upon: ages because of the act, er- (f) Workers' Compensation evaluation, reassign- ment, discipline, defa- ror or omis- and Similar Laws 2) Errors in providing in- sion; and Any claim arising out of tion or other employ - b) There is no other your failure to comply with applicable Insur- the mandatory provisions of ance, any workers' compensation, ( 2) Exclusions unemployment compensa- tion insurance, social secu- This insurance does not apply rity or disability benefits law or any similar law. to: (a) Bodily Iniury, Property Damage or Personal (g) ERISA and Damages for which any in- Advertising Injury sured is liable because of " "property "Bodilyinjury",p y liability Imposed on a fiduci- ary by the Employee Re- dama�e or personal and; advertising injury". tirement Income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits are available, with reason- including the willful or reck- less violation of any statute. able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- () Taxes, Fines or Penalties ure of performance of con- tract by any Insurer, Taxes, fines or penalties, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law, Insufficiency of funds to meet any obligations under G7 Employment -Related any plan Included in the Practices "employee benefit pro- ". Any liability arising out of grant any: (e) Inadequacy of perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Terminabon of em - to Participation ployment; Any claim based. upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- ment to perform; matfon, harassment, 2) Errors in providing in- humiliation, discdmina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in - (4) Consequential liability sureds, but only with re - spect to their duties astrustees. as a result of (1}, (2) or (3) above. This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an. employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments nation to administer your SECTION-I I - COVERAGES, "employee benefit program" if you dye, but only your PAY- MENTS " COVERAGES A AND legal representativee is ap- B also apply to this Coverage, pointed. b. Who is an Insured (c) Your legal representative If you die, but only with re - As respects Employee Benefit Liabil- ?act to duties as such. ity Coverage, SECTION fl - WHO IS That representative will AN INSURED is deleted in its on- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Declarations as: (3) Any organization you newly ac - quire or form, other than a part - (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar Insurance applies to that (b) A partnership or joint ven- organization. However, cover - age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also Insureds but only with or form the organization or respect to the conduct of the and of thepolicy period, your business. whichever is earlier; and (c) A limitedliability company, (b) Does not apply to any act, you are. an insured. Your error or omission that was members arealso insureds, committed before you ac. but only with respect to the quired or formed the or - conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of insurance spect to their duties as your managers. As respects Employee Benefit Liabil- Ity Coverage, SECTION III W LIMITS (d) An organization other than OF INSURANCE is deleted in. Its en - a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown You are an insured. Your executive officers" and df- in Section B. Limits of Insur- rectors are insureds, but ance, 1. Employee Benefit Li - ability Coverage and the rules only with respect to their duties as your officers or di- below fix the most we will pay rectors. Your stockholders regardless of the number of: are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations S or organizations (c) Persons making claims or bringing applies to all damages sustained by any one "em - "suits"; ployee", including such 'employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of insurance, to:. 1. Employee Benefit Liability Coverage of this endorsement ri ht and i) Our g duty to is the' most we will pay for all defend the Insured damages because of acts, err against any "suits" rors or omissions negligently committed in. the "administra- seeking those dam - ages; and tion" of Your "employee benefit 2) Your duties, and the program . duties of any other in - (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of insurance, 1. Employee Benefit Liability Coverage of apply irrespective of the this endorsement is the most we application of the deductible amount, will pay for all damages sus- talned by "employee", any one including damages by (d) We may pay any part or all sustained of the deductible amount to such "em loyee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon (a) An act, error or omission; or notification of the action taken, you shall promptly (b) A series of related acts, or- reimburse us for such part • rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. thatlapses between such d, Additional Conditions acts, errors or omissions, negligently committed in the "addministration" "em- As respects Employee Benefit Li- abilityy Coverage, SECTION IV - of your pioyee benefit program". COMMI�RCIAL GENERAL LIABIL- ITY CONDITIONS is amended' as However, the amount paid un- follows: der this endorsement shall not exceed, and will be subject to (1) Item 2. Duties in the Event of the limits and restrictions that Occurrence, Offense, Claim or Suit is deleted in its entirety and apply to the payment of benefits "em- replaced by the following: in any plan included in the ployee benefit program". 2. Duties In the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are not! - fled as soon as practicable of an act, ages on behalf of the In -m- lured applies only h the error or omission which may result in amount of damages in o ex- a claim. To the extent possible, no - bCe should include: cess of the deductible amount stated In the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and: Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance CA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. It a claim is made or "suit" is brought against any insured, you must: (1) immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the invest! - gallon or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item S. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other insurance If other valid and collectible insurance is available to the Insured for a loss we cover under this Coverage Fart, our obligations are limited as follows: a. primary Insurance This insurance is pri- mary except when c. below applies. If this insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we. will share with all that other Insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. lander this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of In- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit U- ability Coverage, SECTION V - DEFINITtONS is amended as fol- lows; (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records In connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GIA 233 02 07 Services Office, Inc., with its permission. page 6 of 15 GA 233 02 07 in any benefit included benefits, workers' cam in the "employee bene-pensation and disability fit program". benefits; and However, "administration" d. Vacationpians, includ- does not include: pro- ing buy and sell pro - a. Handling payroll de- gram; leave of ab- in- ductions; or programs, cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- talion and health club coverage of insurance, including but not limited subsidies, to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re - benefits, workers' com- placed by the following: Eensation and disability benefits. pro- 21. "Suit" means a civil pro - 2. "Cafet©ria plans" means s ceeding in which money damages because of an Ian authorized a lice- p y pp act, error or omission to b►e law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro - 3. "Employee benefit pro- ceeding in which such damages are claimed grams" means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Grouplife insurance; dispute resolution pro- ceeding in which such group accident or damages are claimed health Insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 6. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; eludes a "leased worker". "Employee" does not in - b. Profit sharing plans, elude a "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards slon plans and stock subscription plans, SECT11W 1V - COMMERCIAL GENERAL provided that no one UASILITY CONDITIONS, 7. Represen- other than an "em- tations is hereby amended by the add! - ployee" may subscribe tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the Inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph 2. SECTION I - COVERAGES, shrinking or ex- pansion; or COVERAGE A, - BODILY INJURY f) Nesting or Infesta- AND PROPERTY DAMAGE, 2. Li- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q. do not apply Pp y secretions, in- sects, birds,, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or Indi- the owner. rectly by any of the fallow- b. The Insurance provided under SEC- Ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY ; AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b, above: 3) Water under the suress- The exclusions under SECTION ngund on, ortace flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABiL- a)Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to; c} Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- Ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; Ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, deterioration, hid- building or structure; or den or latent de- 2) You drained the foot or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; i) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown In- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property In the building or structure Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting from rain, snow, sleet or Ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions Is amended as follows: (2) Paragraph 6, of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5, above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied y you with permission of the owner, arising out of any one "occurrence" to which this Insurance ap- plies. (3) The amount we will pay Is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented. to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a, Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations allsing out of the use of any vehicle to which the Bodily Injury liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us In the investigation or defense of the claim or "suit", includingactual loss of earnings up to the limshown In Section B. Limits of Insurance, 4,b. Loss of Earnings of this en- dorsementper day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, S. Medical Pay- ments of this endorsement, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a, Voluntary Properly Damage Cov. erage We will pay for "property damage" to property of others arising out of op- erations Incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession, With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,. Damage to Pro arttyy, Subparagraphs (3), (4) and g) do not apply to "property damage" to the property of others described therein, With respect to the insurance provided byy Us section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated In Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement. with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay In any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount, (2) Condition 2. Duties in the went of Occurrence, Offense, Claim. or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION Il - WHO IS AN INSURED Is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier; S. Waiver of Subrogation SEC*nON IV COMMERCIAL GENERAL. LIABIUTY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un - dor a written contract requiring such waiver with that person or organization and included in the "products -completed. operations- hazard". However, our rights may only be waived prior to the 'occur- rence" giving rise to the injury ar damage for which we make pa. ment under this Coverage Part. The insured must do nothing after a loss to impair our rights, At our request, the Insured will bring suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- tied Relationships a, The following is hereby added to SECTION It - WHO IS AN INSURED: (1) Any person or organization do - scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of Insurance showing that per son or organization as an additional insured has been issued, is an Insured, provided: (a) The written or oral contract or agreement is: 1) Currently In effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a promises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you: subject to the following additional. exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Enc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product made intentionally new construction or demolition operations by the vendor; performed by or on be- d) Repackaging, un - half of such additional less unpacked insured. solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease equipment with whom you testing, or the substitution of have agreed per Paragraph 9.a.(1) above to provide in- parts under in- surance. Such person(s) or structions from the manufacturer, and organization(s) are insureds then repackaged solely with respect to their liability arising out of the in the original maintenance, operation or container; use by you of equipment e} Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust - However, this Insurance ments, tests or does not apply to any "oo- servicing as the currence" which takes place vendor has after the equipment (ease agreed to make or expires, normally under - (c) Any person or organization takes to make in the usual (referred to below as ven- course of business, In dor) with whom you have agreed per Paragraph connection with - 9.a.(1) above to provide in- the distribution or sale of the prod- surance, but only with re- ' "bodily ucts; spect to injury" or "property damage" arising f) Demonstration, In - out of "your products" which stallation, servic- ' are distributed or sold In the Ing or repair op - regular course of the ven- orations, except dors business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not apply to: product; a) 'Bodily injury" or "property 9) Products which, on or damage" I which the ven- saleafteby you,have dor is obligated to been labeledor relabeled or used pay damages by reason of the as- as a container, sumption of liabil- part or ingredient of any other thing ity In a contract or agreement. This substance or exclusion does not fo for the vendor. . apply to liability for 2) This insurance does damages that the not apply to any In - vendor would have in the ab- sured person or or - ganization: sence of the con- tract or agree- a} From whom you ment; have acquired b) Any express war- such products, or any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This Insurance does containing such not apply to "bodily in - products; or jury", "property dam- b) When liability ins age" or "personal and advertising injury" aris- cluded within the "products- Ing out of operations completed opera- performed for the state or political subdivision, tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- spect to such per Paragraph 9.a.(i) above to provide insurance, products. but only with respect to IV (d) Any state or political subdi- have ability arising out of "your work" performed for that vision with which you. agreed per Paragraph 9.a.(1) above to provide n- additional insured by you or on your behalf. A person or surance, subject to the fol- organization's status as an insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex - issued a permit in connec- piration date of this Cover - tion with premises you own, age Part. if there is no rent or control and to which written contract or agree - this Insurance applies: ment, or if no period of time Is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) dditiinsuran�e provided to an hoist away openings, g sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- tions and similar expo- (a) Subparagraphs (e) and (f) "bodily does not apply to sures;, or injury" or "property damage" 2) The construction, erec- included within the "prod - tion or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any �e) and (f) does not apply to elevators covered by bodily injury", property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of; political subdivision has issued apermit. 7 ) Defects in design n fur - nished: by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- tectural or engi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- insurance policy that is cluding: (h) Any insurance provided by primecontractor-project . this endorsement shall be preparing, a) The preparing, primary to other insurance approving or appr available to the additional Ingo prepare or insured except: approve maps; shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, Meld or- COMMERCIAL GEN- ders; change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tonal insured as an additional insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project . basis. In such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- meet shall also be ex - volved. cess. - b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional Insured desig- Specific Written Contract or nated under Paragraph 9.a.(2Sub- above, SECTION! III - Agreement is hereby added: paragraph i0 LIMITS OF NSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional Insured are those specified in the With respect to additional written contract or agreement or In insureds described in Para - the declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there Is no written agreement between you and the additional. insured contract or agreement, the limits ap- to the additional insured are lose specifies that. coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of - addition to the limits of insurance fice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV - COMMERCIAL Gr:N- or CG 20 37 (where ERAL LIABILITY COMDR IONS Is edition specified); or hereby amended as follows: b. Include coverage for (1:) Condition S. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addl- Includes copyrighted material. of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15. tionai insured is more re- strioWe than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b, above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist; Paragraphs and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- tly. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph L(l) of Definition 12. "Insured contract" (SEC- TiON V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following Is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Sao - ton B. Limits of insurance, 11. of this endorsementwith respect to coverage provided by this endorsement. These limits are Inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring suits . (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are In excess of the Deductible amount stated in Section B, Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" Irrespective of the amount. (c) We mayy pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part. of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d) of SECTION II - WHO IS AN INSURED, does not apps to your "em- ployees" who provide professional. health care services on your behalf as duty lk censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2, Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION. IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includescopyrighted material of Insurance GA. 233 02 07 Services Office, Inc„ with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to It that we are nob- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any Injured persons and wit- nesses; and (3) The nature and location of any Injury or damage arising out of the occurrence or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, [no., with Its permission. Page 1.5 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 04-01-2014 IEBA 013 46 46 Named Insured: DAHLE CONSTRUCTION LLC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, 1. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 1105 lulb. �. •:: This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 04-01-2014 IEBA 013 46 46 Named insured: DAHLE CONSTRUCTION LLC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because AA 4172 09 09 of payments we make for "bodily Injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily Injury" or "property damage" under an "Insured contract", pro- vided the "bodily Injury" or "property damage" occurs subsequent to the execution of the "in- sured contract". MERCHANT' BONDING COMPANY,,. MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Performance Bond CONTRACTOR: (Name, legal status and address) Dahle Construction LLC 90 Hwy 93 North Salmon, ID 83467 OWNER: (Name, legal status and address) City of Meridian Purchasing Department 33 E. Broadway Avenue, Ste 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: January 5, 2016 Bond No. N I D 1029 SURETY: (Name, legal status and principal place of business) Merchants National Bonding, Inc. 6700 Westown Pkwy, West Des Moines, IA 50266 Amount: $695,690.75 Six Hundred Ninety Five Thousand Six Hundred Ninety Dollars and 75/100 Description: (Name and location) Waterline Extension - Amity and Meridian, Locust Grove to Harris St Construction BOND Date: January 5, 2016 (Not earlier than Construction Contract Date) Amount: $695,690.75 Six Hundred Ninety Five Thousand Six Hundred Ninety Dollars and 75/100 Modifications to this Bond: ® None ❑ See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. CONTRACTOR AS PRINCIPAL ' SURETY Company: (Corporate Seal) Company: (Corporate Seal) Dahle Construction LLC Merchants National Bong, Inc.. Signature: Signature: -�c�-� Signature: f --.— NameName DeRay Pervy and Title: and Title: Attorney -In -Fact (Any additional signatures appear on the lastpage of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) The Hartwell Corporation PO Box 51019 Idaho Falls, ID 83405-1019 208-522-5656 Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 -Performance Bond -2010 edition. § i The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obiligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3. the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract: § 5.2 Undertake to perform and complete the Construction Contract itself through its agents or independent contractors: § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4 and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5: and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: '4"� MERCHANTS BONDING COMPANY," MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 Payment Bond CONTRACTOR: (Name, legal status and address) Dahle Construction LLC 90 Hwy 93 North Salmon, ID 83467 OWNER: (Name, I egal status and address) City of Meridian Purchasing Department 33 E. Broadway Avenue, Ste 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: January 5, 2016 Bond No. NID1029 SURETY: (Name, legal status and pri nci pal place of business) Merchants National Bonding, Inc. 6700 Westown Pkwy, West Des Moines, IA 50266 Amount: $695,690.75 Six Hundred Ninety Five Thousand Six Hundred Ninety Dollars and 75/100 Description: (Name and location) Waterline Extension -Amity and Meridian, Locust Grove to Harris St Construction BOND Data January 5, 2016 (Not earlier than Construction Contract Date) Amount: $695,690.75 Six Hundred Ninety Five Thousand Six Hundred Ninety Dollars and 75/100 Modificationsto this Bond: ®None ❑ SeeSection18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Dahle Construction LLC Signature: Name and Title: SURETY This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Company: (Corporate Seo]) Merchants Nati%�,,al�Bon71a- Name nc. Signature: /�� DeRay Perry and Title: Attorney -In -Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR I NFORMATI ON ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Hartwell Corporation PO Box 51019 Idaho Falls, ID 83405-1019 208-522-5656 (Architect, Engineer or other party:) Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 -Payment Bond -2010 edition. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3., the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed: and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5. 1.2 or 5.2. or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description of the labor, materials or equipment furnished: .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract: .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim: .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil. gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 7 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: MERCHANTS BONDING COMPANY-,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Angela Rae Miller; DeRay Perry; Sally Perry; Spencer T Monk; Staci Matheson; Todd R Mary of Idaho Falls and State of Idaho their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of June , 2015. t,�r,.,irrlrrnrrgi a� STATE OF IOWA COUNTY OF POLK ss. e 4;.-A A -o- C ;�• 1933 c: A. 1p .... A. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this 2nd day of June , 2015, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. `P�ttAC WENDY WOODY ,S oCommission Number 784654 My Commission Expires June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have her�unto set my hand and affixed the seal of the Companies on this 5th day of January 016 - • • . POA 0014 (7/14) Secretary J 90 HWY 93 NORTH SALMON IDAHO 83467 Phone: (208)766-3241 Fax: (208)768-3240 August 16, 2012 This ietter is to verify that Dahle Construction Li C authorizes Chris Fox, managing superintendent for Dahle Construction LLC, to be the designated representative for Dahle Construction LLC. As part of his duties and responsibilities for our company, Chris has the authgfity to bind Dahle Construction LLC for any and all contractual bid, performance and payment bonds as well as other contractual duties. If you have any questions or concerns, please contact me at (208)756-3241 (office), (208)940-0170 (cell), or at kdahle centurytel.net. Sincerely, Kent Dahle President state of Idaho ) S.S. County of Lemhi) Subscribed and affirmed before me this I& day of August, 2012. ���ttpltuuun�� 8W�f 'Gail LSWZdle-,I:Notary Public p e My Commission F-xpires on September 28, 201. eTRAKiT Home I Setup an Account I Log in ConlraCfof V Username Password LOGIN ❑ REMEMBER ME Forgot Password Permits Page 1 of 1 Apply Search Public Works Search -) Search Again Download Results Printable View Pay Fees Dahle Construction LLC PWC -C-11353 00001 00002 1,2 AAA ACTIVE Dahle Conslructic Licenses Dahle's Red -E -Mix, Inc. PWC -C-11462 02850 03300, 02720 4 B ACTIVE Dahla's Red -E -Mi I I Search Trade Licenses Search Public Works - Inspections Schedule _ Firsti rev; Page: 1 of 1 iNex Lasti Cancel ;Details - License Number: PWC -C-11353 Elevators Search Elevators Lc Info Fees $2,750.00 Violations Search Registration #: PWC -C-11353 Shopping Cart Issue: 7/6/2015 Pay All Fees Expire: 6/30/2016 Contact Contactus Type: PUBLIC WORKS Sub -Type: AAA i Status: ACTIVE i Company: Dahle Construction LLC i i 1 1 Phone: (208) 756-3241 j Cell: (208) 940-0170 i Pager: Fax: (208) 756-3240 Owner Name: Linked Activities: Sub Case(s): PWCL1202-0001 ADMIN ASSESSMENT WARNING Sub Permit(s): 131131507-00003 BUILDING FINALED PLB1212-00171 PLUMBING EXPIRED The Division of Building Safety, makes every effort to produce and publish the most current and accurate Information possible. No warranties, expressed or implied, are provided forthe data herein, Rs use, or its interpretation. Utilization of this website Indicates understanding and acceptance of this statement. 1-800-955.3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublieWorksSearchRslts.aspx 12/17/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity . - Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for DAHLE CONSTRUCTION LLC ] [ Monitor DAHLE CONSTRUCTION LLC business filings ] DAHLE CONSTRUCTION LLC 90 HWY 93 NORTH SALMON, ID 83467 5302 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Origin: IDAHO Date of 22 Dec 2004 Origination/Authorization: Current Registered Agent: GREGORY C CALDER 2105 CORONADO ST IDAHO FALLS, ID 83404 E File Number: W35363 Date of Last Annual Report: 02 Nov 2015 Annual Report Due: Dec 2016 Filed 22 Dec 2004 ARTICLES OF ORGANIZATION Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image `PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT View Image( PDF format) View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/W35363.html 12/17/2015 IDSOS Viewing Business Entity Page 2 of 2 Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo a@sos.idaho. ocovv http://www.accessidaho.org/public/sos/corp/W35363.html 12/17/2015 w ol . O G o 0 o m m m +1 .A o o m m m 41 N G G tT �ri U � � N W N N R a 4141 ro x m r 10 m m m 41 �4 m Ln M r r r m 5D4 p� N rl N N N Gx7 .p a rl .-1 rl ri .rl N O ava"� o r 7 m � o q W R O m0 I }i In Ln Ln Ln u ° °a o " G o 0 0 0 ,� a Wf�P F 0 Ln �4 4J W U O U >r R+ ,U o -V 0 0 0 G 'D co m M M M M O O O 0 N O1 G V 114 (n H N � ,ty) N ri N N N w 0 Ga+ v o v a N +J 3 z u v 4J En o x U) U ro Sa CQ v O w w U)aG s " a m W C o Q o a H H H 4 o z a Q o W � v m w X .-i E" W H i-+ U Q x W ro F, w a F, H w o Meridian City Council Meeting DATE• January 5,2016 ITEM NUMBER: 5G PROJECT NUMBER: H-2015-0019 ITEM TITLE: Findings of Fact, Conclusions of Law for South Meridian Annexation Findings of Fact, Conclusions of Law for South Meridian Annexation (H- 2015-0019) by City of Meridian Located Along Amity Road, East of Linder Road, West of Eagle Road and North of Columbia Road Request: Annexation and Zoning of 1,322.14 Acres of Land with R-4 (1,241.10 Acres), R-8 (10.37 Acres), R-15 (30.10 Acres) and C -G (40.57 Acres) Zoning Designations MEETING NOTES N6 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 7A PROJECT NUMBER: Old Business ITEM TITLE: Silver Oak Apartments Regarding Water/Sewer Assessments Continued from December 22, 2015: Discussion Regarding Request from Silver Oak Apartments Regarding Water/Sewer Assessments for Multi - Family Projects MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Silver Oaks Apartments, LLC 1409 N. MAIN ST. Meridian, ID 83642 December, 10 2015 Mayor Tammy de Weerd Council Chairman Charlie Rountree 33 E Broadway Avenue Meridian, ID 83642 RE: Water/Sewer Assessments for Multi -Family Projects Dear Mayor de Weerd and Council Chairman Rountree: This letter is to request a meeting and placement on the City of Meridian's Council Agenda for either 12/3.5/15 or 12/22/15. After receipt of the unsigned letter from The City of Meridian dated 11/24/15 (attached) and subsequent meeting with the Mayor on 12/10/15, we are requesting an exemption from the assessment calculation change for the Silver Oaks Apartment Phase II. We are requesting this change for a number of reasons outlined below: We are already under construction on Phase I of 111 on this project and have worked with the City on our Site Master plan, phasing, water/drainage calculations for the entire site, and amenities by phase. We have been upfront with the City throughout this project and to change the fee calculations midway through a project places substantial unforeseen costs upon the project. These increased costs, midstream through a project, change the project's feasibility and puts us in a position of not being able to make informed decisions. The City is not being reasonable to our Project by changing the fees midstream. We have already submitted costs for Phase II to HUD based on prior water and sewer impact fee assessments. This increase on Phase II of our project represents an increase in fees of $2,496.15 per unit or an additional $329,491.78 for the 130 units in Phase 11. 2. Had the City given appropriate notice ahead of time, we would have submitted for our phase II building permits prior to this deadline. instead, we received this letter of notice of the change 6 weeks after the effective date, (letter dated November 24, 2015, with an effective date of 10/1/15). We are now in a position of trying to figure out if we can continue on Phase II of our project, which we are currently preparing our building permit drawings for an April/May, 2016 ground breaking. Meridian has been a City promoting growth and we the Members of Silver Oaks, LLC have invested in businesses, land, and the growth of the City. This sort of unannounced change December 10, 2015 Page 2 of 2 without any prior notice given does not encourage future growth or the potential feasibility of our Project to continue. 4. Silver Oaks, LLC has invested time and money in working through the process to secure a loan with HUD for Phase 11 of this project. This loan could be in jeopardy with this change to the cost structure, at a time we are substantially through the loan approval process. We ask that you please reconsider your position of the revised fee calculation for the Silver Oaks Apartments Phase II due to the fact that this is an ongoing project. Please notify us on which Council meeting we can get on the calendar to present this. Thank you. Sincerely, Graye Wolfe Larry Chetwood 208-288-0100 208-412-5906 9&4 &1u, �al John Rice Dave Cooper 208-863-7220 208-830-4916 L/141<� Burke Hansen 208-863-3344 ER,IDnIAN­."ft_-111 November 24, 2015 Mr. Burke Hansen Silver Oaks Apartments, LLC 1409 N. Main St. Meridian, ID 83642 RE: Water/Sewer Assessments for Mufti -Family Projects Dear Mr. Hansen: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba This letter is to inform you of a recent change to the City of Meridian's multi -family water and sewer assessment calculation methodology. Effective October 1, 2015. the City Council directed staff to utilize only Table 3, "Equivalent Residential Units" from Meridian City Code 9-1-19, when calculating assessment fees for new multi -family developments. This means that each residential unit within multi -family complexes will now be assessed at the same rate; 1 ERU for water ($1;794.00) and 1 ERU for sewer ($3,425.00). The total water/sewer assessment fee will be $5,219.00 per dwelling unit. The standard commercial assessment fees for all multi -family community structures such as leasing offices, clubhouses and pool houses will continue to be based on plumbing fixture counts. If you have questions regarding this topic, please contact Bruce Freckleton or Terri Ricks at 208-887--2211. cc. Mayor and City Council City Clerk Public Works Dept. Community Development Dept. Finance Dept. Legal Dept. File 33 E Broadwav Avenue, Meridian, ID 83642 Phone 208-888-4433 . EaN 208-888-4218 . ww,.v.meridiancity.orV RECEIVED C I "° 0 F CITY CLERKS OFF -ICE- fbofranfcov.al 1-3 Page 1 of 1 Thursday, December 17, 2015 at 5:36:19 PM THE FRANKLIN AT TEN MILE Cop fight © 2016. AM Rests Rese W, App /AptsForRent l3bg,ForRent.com 3 P nt corn Download the *Proofs are displayed in low resolution and scaled to fit the page. Due to printing variables, ad proof is not an exact color match to how the ad will appear in the magazine. Signed By Community Name Date CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: November 17, 2014 TO: Silver Oaks Apartments FROM: Sonya Watters, Associate City Planner SUBJECT: Silver Oaks Apartments Phases 1 & 2 CZC-14-090; DES -14-077 OWNER: Ten Mile Development, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Silver Oaks Apartments, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of Phases 1 and 2 of Silver Oaks, a multi -family development consisting of (260) residential units on 24.61 acres of land in the R-15 zoning district. The development will consist of (16) two and three story apartment buildings with (5 6) 1 - bedroom units, (113) 2 -bedroom units, and (91) 3 -bedroom units, and (8) garage buildings as shown on the site plan attached in Exhibit B. Amenities will be constructed with Phase 1 as follows: clubhouse/fitness center, pool/spa, playground, sports court, and community garden and picnic area with gazebo. The site is located at 3800 W. Perugia Street. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. Note: This is not a building permit Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Conditions Document 1 Silver Oaks Apartments Phases 1 & 2 CZC-14-090; DES -14-077 Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Per Council's approval, the applicant shall not be required to tile the following irrigation facility: Kennedy Lateral. The applicant shall tile all other irrigation facilities as set forth in UDC 11 -3A -6A. 3. Construct the western half of N. Umbria Hills Avenue in accord with ACHD standards with the first phase of development prior to issuance of any Certificates of Occupancy. 4. Prior to issuance of the first Certificate of Occupancy, the applicant shall construct a stub street to the Kennedy Lateral and maintain the existing road trust with ACHD for half the cost of construction of a bridge over the Kennedy Lateral (road trust expires on 6/14/16). The stub street and future bridge shall be constructed to ACHD standards for a collector street in accord with the Ten Mile Interchange Specific Area Plan. A sign shall be installed at the terminus of W. Perugia Street informing the public the street will be extended to the west in the future as a collector street. 5. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features in accord with UDC 11-4-3-27G. A copy of said document shall be submitted to the Planning division prior to issuance of the first Certificate of Occupancy. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC I1 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B -14A. 4. The site plan prepared by The Architect's Office on November 10, 2014, labeled Sheet CZC 1.0, is approved as shown in Exhibit B. 5. The landscape plan prepared by The Architect's Office on November 10, 2014, labeled Sheets L1.0-1,1.3 and L2.0 -L2.2, is approved as shown in Exhibit C. 6. The elevations prepared by The Architect's Office, labeled Sheets A5.0 -A5.7, AC5.0, and AS5.0, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. M Conditions Document 2 Silver Oaks Apartments - CZC-14-090; DES -14-077 Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -05-016; PP -05-023; FP -06-011; CUP -10-014; MDA -10-011; PP -11-001; TED -13-001). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. s. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 9. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-27. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before December 2, 2014, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until November 17, 2015. EXHIBITS A. Vicinity Map B. Site Plan (dated: November 10, 2014) C. Landscape Plan (dated: November 10, 2014) D. Elevations Conditions Document 3 Silver Oaks Apartments - CZC-14-090; DES -14-077 A. Vicinity Map Conditions Document 4 Silver Oaks Apartments - CZC-14-090; DES -14-077 B. Site Plan (dated: November 10, 2014) SILVER OAKS APARTMENTS PHASE 1 & 2 A-4,11 N. UMBRIA HILL$ AVE, MERIDIAN, IDAHO) OVERALL GENERAL ESTE NOTES 1 ®..,... ..,.".,� SCALE:. ............-.........1•.00-0` 20Rd0:.......�.................. 11•10 � TOTAL AAfk................ 161,28241. 14A2 ACRES 109M ALLOIPEM.... ...... 10 D.UJACRE DENSITY PROPOSED:..........110.UJACRF SETGOKS: SEE PLAN PHASE 1 A 2 NOTE' NUMBER OF APARTMENT BUIlNNOi:...........11 NUYOER DF OAMOE 8WLDNOI:.............. A NUMBER OF DWELLING UNITE :............... 260 FAMNO REQUIRED :.......................692 PAAUNO SPACES MOPOBEO :...............701 COVERED SPACES REOUBMD:............... 260 COYFAFDiPACESPROP00ED :...............126 SILVER OAKS COMPACT SPACES PROP03ED ................. 0 APARTMENTS ACCESS[ FADING EMCE'RED UIRED:.......26 ACCEWIRLE FAIIUSO SPACES --P-"'- .....ii .. PErvr^.,.A IT BICYCLE PARWOSPACE$ PROPOSED (1:20):..... 21 LfAwwcwR * COMMON OPEN SPACE REOUMED:....... 00,600 I.F. 206 OX A 200 EXAM- 63,000 S.F. 6 D.U. 1350 9110.11-2JO0 S.P. COMMON OPEN PACE PROPOSED. .... 69,360 O.F. SITE DEVELOPMENT AMENITIES PROPOSED: A CLUBHOUSE 1. FIEIEUCENTER C. CHRDIIE13 PLAY STRUCTURE D. POOL MO SPA E. PICNIC AREA f. 6PORT000RT Q. COEIMUIIEVOARDEN DEVELOPER: SILVER OAKS APARTMENTS, LLC 1609 N. MAN STREET MERIDIAN, IDAHO 51612 (208) 246-0100 LANDSCAPE: SOUTH LANDSCAPE ARCHITECTURE, IND. 2002 9. VISTA AVE. DOISE, IDAH01n03 (208) 342.2111 —.��' CIVIL ENOMEGNO SOLUTIONS, LLP. ENOIREEN 1029 S. ROSARIO ST., IEE. 100 PUNTER MERIDIAN, IDAHO 83642 1OVERRLLWEPLAN � (201) 918-0190 IUDNIEDE: ?;IkP�iIIII�TS'�`r? Conditions Document 5 Silver Oaks Apartments - CZC-14-090; DES -14-077 CITY PERMIT SUBMITTAL n 044- CzC 1.0 UEAk; f ' CD Vm 44�NLU 116 a, fA • CB N4! O � N � Z�'(Nq 4SG ` I�l . =d •ESO O W W O 96 eu�®y �Sti ..fir„ //�J�//Erb nr ®�pW' W NW � jj 6 7 = 4sd0 vs��i w0�® \\ O WOyOt! WOr P, �i E \~V i 6 S m ' 106 Q Ip�,,M,ar A. ,� y �uWm�•:o�mmmm eWa�eeiv�@ ®® ! tri zyom ��0'y 4 $ N IOd W ENM W m� ap62 M o � to I Y y¢ my� N f 9 H i O MR." W O O O® ®a ® • � CW W W C!i! = M $O � �W® b 'S� fAN v IY W Lu (CNaosa�nw��g�z� �q 0 W� i lm Cy 2 e W O N 0 0 W V g v 0 (9 p,__+ W de ad =I66 t®aii6� 0 w m'dmraoWu:a o 1 awl i /\11-', Ll\�J '.1 Mr. Be( 40 =4 4 In DeE In a Urb 10CE of tl The subj the squi Oak The The 52 t size 117. over C'r UP;i�Ji'J `L!I'1 li ti`4r� S! AI(iJ VR,P); November 24, 2015 OCG Ref. No. 15-277 ising and ubject is and west -O). The 1 side of ,072,229 ie Silver uildings. )m units, average 'ea totals cnal 213 The accompanying market study report identifies the subject property, defines the subject market area, describes the characteristics of the subject market area, describes the condition of the economic and housing markets in the subject market area, presents the timing of all new apartment supply coming to the subject market area, and reconciles this with an estimate of effective demand in the subject's market area. The report has been prepared to comply with USPAP standards and the standards set forth in the HUD MAP program guidelines. 7 TEL: 206-622-5100 • TAX: 206-622-5111 • EMAIL: BRIANO@OCGP.COM • WEBSITE: WWW.00GP.COM The market study addresses a variety of regional economic factors that may be expected to affect the demand for multi -family housing in the greater Meridian market. These factors consist of local employment growth, population growth, household growth, and household income distribution. Following the Regional Analysis, an evaluation of the Ada County apartment market (Secondary Market Area) is presented, including detailed analysis of the subject property's market which has been identified as Meridian (Primary Market Area). Apartment market conditions in Ada County and Meridian sub -market began jo strengthen in 2010 and continued through 2014 as vacancy rates declined from 9.4% in December 2010 to 2.6% as of December 2014. Our vacancy survey encompassed over 3,000 apartment units and as of November 2015 indicated that the Ada County vacancy rate has remained steady at 2.5%o and during our time in Meridian and Boise we found numerous projects that had bee completed in 2015 and had stabilized by November that also had waiting lists. As of November 20151, the Ada County apartment market has experience annual rent growth of 3.6%-6ver the last year. Immediately after the crash in 2009 the volume of single family rental "shadow" market. After 2011, 1 issue and does not affect our forecasts. Our demand any affect of the shadow market. The main factors contributing to the stror housing to rental housing due to a loss of lower incomes, and that the millennial gen I significantly creating a i1 market became a non - data already accounts for e, general shift from ownership Sing, restrictive lending market, walkable urban environment. Significant change in economic conditions ' at the end of the previous decade resulted in commensurate responses in the manner of household formation and settlement in the region. Area demographers believe that household tenure has been in the midst of a significant shift away from ownership housing and"into rental uses; Please note that the overall homeownership rate in Idaho is at a twenty, year low of 69'.6% which hasn't been seen since 1992. The Idaho homeownership rate reached a high of 75.5& in 2009 before falling 5.9% over the last five years. We expectthat the return to an even split in household tenure will be gradual, occurring over a period of years, and may never fully return to past norms. Driven by the increased difficulty in securing a home loan, we expect that the proportion of new households that will choose rental housing is currently hovering around 30%. We have estimated apartment demand levels in the Ada County market. These estimates are based upon the expectations for employment and population growth, as well as resulting new household formation. In our analysis, we have utilized 30% as the marginal apartment rental tenure rate for 2016 through 2018. Please note that a 60% marginal tenure rate has been utilized for 2015. Considering that over 1,700 new apartment units were leased in Meridian and Boise and the vacancy rate essentially remained unchanged from the beginning of the year, indicates that apartment demand must be at least 1,700 units. As such, given the household growth data which suggests that over 2,800 households were created in the Ada County market, over half of all new households choose to live in apartments. �s�T As of yearend 2014, total direct demand (change in occupied units) was approximately 390 units while new supply was 559 units in the Ada County Market. Our estimate of apartment demand for 2015 is 1,704 units. Our estimate of apartment supply for 2015 is 1,701 units. Considering the size of the Ada County market the vacancy rate is expected to remain unchanged from our survey as of November 2015. We believe this market to be extremely tight considering the few if any apartment vacancies and the reports by leasing agents of waiting lists of 10 to 50 units long. Based on the range of variables (jobs and population growth), new apartment demand for the region (Ada County) has been estimated to amount to approximately 1,704 units in 2015. Net migration rates were estimated at 7,455 new people in 2015. We have estimated the positive net job growth at 3,577 in 2015. These figures indicate a job growth,to apartment demand ratio of two jobs per unit of apartment demand. This is considered a high rate,pf apartment demand relative to job growth. Based on the historic demand of units being absorbed ip the subject's market area, we.have used a Meridian demand capture rate ranging 35% to 60%%a of the Ada County market area due to the availability of new supply fluctuating between markets during the "next four years. However, please note that an apartment demand capture rate of 42% in 2015 is required in order to reflect the 2.6% vacancy rate that Ada County is currently experiencing. This results in a Meridian apartment demand level of 818 units in 20;15, 439 units in 2016;'260 units in 2017, and 264 new units in 2018 at the time of subject's construction completion. In the subject's immediate market area (Ivlerdian) 'over the last four years, this market has absorbed 195 units each year, .on average. However, this demand indicator has been severely limited because as of 2015 the vacancy rate haibeen historically low at less than 3.0%. As such, while the meridian market could absorb 400 or more units per year, the market does not have enough supply or anticipated supply 'to accommodate it. There are currently fifteen market, rate apartment projects either proposed or under construction in Meridian. For the subject's primary market area, we have estimated there will be approximately 848 new units, in 2015, 576 new units in 2016, 335 new units in 2017, and 175 new units in 2018. In all. the Meridian market is expected to experience an average of 362 new units leasing per year overthe next three (3) years (2016 to 2018). We have estimated that the vacancy level for Meridian by the end of 2017 to top out at 4.9%. The subject's construction is anticipated to commence in March 2016 and to be completed by March 2017 (approximately 12 months), with pre -leasing beginning in February 2017 and full occupancy for the entire project to be in late December or early January. Our analysis of the local apartment market and rent comparables resulted in an estimation of market rents at $1,046 per unit or $1.18 per square foot for the subject "As If' Completed in November 2015 (effective date of report). Considering the subject's market rents (a majority of the subject's units rent from $1,000 to $1,249, 73% of all subject's units) and the estimated distribution of supply and demand in accordance with price, it is expected that these improvements will experience an absorption period of approximately 26 months "As if completed" in 2015, or about 5.1 units per month based solely on "subject's fair share" analysis in this market. However, this absorption rate is not realistic. Considering historic absorption rates in this market and the scale of the project (a total of 132 units), we believe that the subject property will absorb 15 units per month, or approximately 9 months to reach stabilization. The subject's small average unit size will keep rents more affordable relative to the Ada County market. The subject's highly visible location will accelerate,.the subject's absorption rate. This leads to a higher absorption rate than would be expected by''typical product wfthin the Meridian market. These conclusions reflect an expectation of a progr equilibrium over the next two to three years. Naturall3 effect of several key estimations, including the general which proposed apartment projects find access to con, general outlook for both the region and the subject's prix average beyond the 2015 time horizon. Thank you for the opportunity to work with O'CONNOR CONSULTING GROUP. LLC Brian R. O'Connor, MAI, rhe region's overall market -casts reflect the cumulative environment and the rate at ading. We believe that the t are considered to be above Michael Lennon, Associate I understand that my report will be used by Bedford Lending Corporation to document to the U.S. Department of Housing and Urban Development that the MAP Lender's application for FHA multifamily mortgage insurance was prepared and reviewed in accordance with HUD requirements. I certify that my report was in accordance with the HUD requirements applicable on the date of my report and that I have no financial interest or family relationship with the officers, directors, stockholders, or partners of the Borrower, the general contractor, any subcontractors, the buyer or seller of the proposed property or engage in any business that might present a conflict of interest. I am under contract for this specific assignment and have no other side deals, agreements, or financial considerations with the MAP Lender in connection with this transaction. Warning: Title 18 U.S. C. 1001, provides in part that whoever knowingly and willfully makes or uses a document containing any false, fictitious, or fraudulent statement or entry, in any manner in the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years or both. The Franklin at Ten Mile MARKET RENT / VACUE ARICING, , Marketing, Leasing and Construction Update RANGE RENT; December 18th, 2015 S. F,, UNIT TYPE IQW NIGH . tGHT84 Absorption Schedule 6 561 Junior $ 800 $ 815 $ t wGE?Ym Qat-16 89X- J Rs_-15 _ ` J.-16 t*_1A + ►-16 &rjt6Mav-1A 737 un-14 1"4 AW16 IM" mil Projected Move-Ins 0 0 0 0 4 8 10 12 18 18 22 21 113 Total Move Outs 0 0 0 0 0 0 0 0 0 3 6 8 17 Occupancy at Month Begin 0% 05 0S 0% 0.04 3.14 9.45 17.2% 26.65 40.6% 52.35 64.81 Occupancy at Month End M 0% N. 01: 3.1% 9,4% 17.2% 26.61 40.61 52,35 64.8% 75.0E Occupied Units at Month End 0 0 0 0 4 12 22 34 52 67 83 96 We are forecasting stabilization of phase I by November/ December of 2016. Pricing Please see attached Market Rent and Value Pricing worksheet. Below is a summary snapshot. We have individually priced the units based on their location, views and floor level. At this time, we are offering no specials or concessions. Sub Market Currently, the Meridian market has very low vacancy. • RedTail - 99% occupied, 2% net to rent with soonest availability in mid-January • Retreat at Union Square - 98% occupied • Selway - 95% • Renaissance - 95% • Regency at River Valley - 95% • High Point - Has been pre -leasing since end of September has 10 occupied units. They are offering 1 month free on a 12 month lease. We believe that because of our superior product and location, we will not need to offer concessions. As previously mentioned, we have been 11 81 Page MARKET RENT / VACUE ARICING, , RANGE RENT; TOTAL S. F,, UNIT TYPE IQW NIGH . tGHT84 6 561 Junior $ 800 $ 815 $ 808 $ 1.44 5 737 One Bed $ 885 $ 900 $ 893 $ 1.21 1 737 One Bed (HQ $ 895 $ 895 $ 895 $ 1.21 8 882 Two Bed One Bath $ 985 $ 1,030 $ 1,011 $ 1.15 8 968 Two Bed Two Bath Small $ 11005 $ 11050 $ 1,028 $ 1.06 18 1,059 Two Bed Two Bath Large $ 1,005 $ 1,045 $ 1,029 $ 0.97 3 1,059 Two Bed Two Bath Large (FIQ $ 1,015 $ 1,040 $ 1,030 $ 0.97 4 1,066 Two Bed Two Bath Large B $ 1,030 $ 1,055 $ 1,045 $ 0.98 20 1,015 Two Bedroom Two Bath Standard $ 1,000 $ 1,030 $ 1,015 $ 1.00 37 1,180 Three Bedroom Large $ 1,115 $ 1,155 $ 1,139 $ 0.97 3 1,180 Three Bedroom (HQ $ 1,125 $ 1,145 $ 1,132 $ 0.96 15 1,150 Three Bedroom Small $ 1,105 $ 1,150 $ 1,123 $ 0.98 128 133,841 $ 134,980 $ 1.01 Sub Market Currently, the Meridian market has very low vacancy. • RedTail - 99% occupied, 2% net to rent with soonest availability in mid-January • Retreat at Union Square - 98% occupied • Selway - 95% • Renaissance - 95% • Regency at River Valley - 95% • High Point - Has been pre -leasing since end of September has 10 occupied units. They are offering 1 month free on a 12 month lease. We believe that because of our superior product and location, we will not need to offer concessions. As previously mentioned, we have been 11 81 Page The Franklin at Ten Mile Marketing, Leasing and Construction Update December 18th, 2015 pre -leasing for a short time and have already leased 2 units (1 more coming today) all at� market rent with no concessions. Staffing Community Manager, Erica Andrews has been holding Monday through Friday office hours in the temporary leasing trailer. As soon as the clubhouse opens, we will be on -boarding a full time leasing consultant. We have officially offered Aubrey Freeman the leasing position and she will start on January 2nd. Aubrey has a background in retail, sales and customer service and is very outgoing, high energy and friendly. Aubrey actually lives at High Point and as soon as her lease expires, she would prefer to live at The Franklin. Specifically, she loves our location, views and the quality of our finishes. We think this will be advantageous that she has lived at High Point and will help her be able to differentiate and sell our features and benefits. Construction CO for the units has been pushed out by two weeks. We are now expecting CO as follows: Clubhouse - Mid January Building A - Mid January Building B - End of January Building C - Mid February Building Y - End of February As construction of the Clubhouse and Building A reach completion, we will be sending more pictures. It's looking great!! We will have an amazing first impression with lots of natural tight! Progress of fireplace stone install Our vision 91 Page November 24, 2015 Mr. Burke Hansen Silver Oaks Apartments, LLC 1409 N. Main St. Meridian, ID 83642 RE: Water/Sewer Assessments for Multi -Family Projects Dear Mr. Hansen: Mayor`Iarnmy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener ;genesis Milam Charlie Rountree David Zaremba This letter is to inform you of a recent change to the City of Meridian's multi -family water and sewer assessment calculation methodology. Effective October 1, 2015, the City Council directed staff to utilize PDIY Table 3, "Equivalent Residential Units" from Meridian City Code 9-1-19, when calculating assessment fees for new multi -family developments. This means that each residential unit within multi -family complexes will now be assessed at the same rate; 1 ERU for water ($1,794.00) and 1 ERU for sewer ($3,425.00). The total water/sewer assessment fee will be $5,219.00 per dwelling unit. The standard commercial assessment fees for all multi -family community structures such as leasing offices, clubhouses and pool houses will continue to be based on plumbing fixture counts. If you have questions regarding this topic, please contact Bruce Freckleton or Terri Ricks at 208-887-2211. cc. Mayor and City Council City Clerk Public Works Dept. Community Development Dept. Finance Dept. Legal Dept. File 33 E Broadway Avenue, Meridian. ID 83642 Phone 208-888-4433 ® Fax 208-888-4218 ® www.meridiancity.org Silver Oaks Apartments, LLC Impact Fees Paid for Phase 1 and Projected for Phase 2 Per Dwelling Unit Fees: ACHC Apartment Fee Residential Fire Impact Fee Residential Parks Impact Fee Residential Police Impact Fee Residential Sewer Connection Fee Residential Water Connection Fee Per Apartment Building Fees: 2" Domestic Water Meter Residential Permit Fee Fire Review Fee Comericial Plan Check Fee Number of Units in Phase Total Projected Fees per Phase Phase 1 Actual Impact Fees Paid Total Per Unit $ 171,808.00 $ 1,342.25 70,536.96 551.07 98,242.56 767.52 17,372.16 135.72 228,721.50 1,786.89 119,803.32 935.96 4,802.00 37.52 56,942.82 444.87 17,082.85 133.46 37,012.82 289.16 $ 822,324.99 $ 6,424.41 289.16 128 $ 8,920.56 $ 822,324.99 Phase 2 Proposed Impact Fees Per Unit Change $ 1,342.25 551.07 767.52 135.72 3,425.00 $ 1,638.11 1,794.00 858.04 $ 2,496.15 Chg m 91.67415% 37.52 444.87 133.46 289.16 $ 8,920.56 $ 2,496.15 % C g = 38.8541% % 132 $ 1,177,514.43 $ 329,491.78 New City of Meridian Fees for Sewer & Water. Phase 1 Phase 2 Apartment unit cost excluding impact fees $ 86,000.00 $ 89,000.00 Impact Fees as % of apartment unit cost 7.47% 10.02% Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 8A PROJECT NUMBER: Community Pr sentationss( ITEM TITLE: Swear in Mayor Tammy de Weerd MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS OFFICIAL OATH OF OFFICE I, Tammy de Weerd, do solemnly swear or affirm that I will support the Constitution and Laws of the United States, the Constitution and Laws of the State of Idaho, and the Ordinances and Policies of the City of Meridian, Idaho and that I will faithfully perform the duties of the office of Mayor of Meridian, Idaho, to the best of my ability during the continuance of my term, so help me God. Dated this 5th day of January, 2016 Tammy de �Weerd, Mayor AucUSl"'-, OCS r�U3 2G city of SY Attest b ycee L. Holman, City Clerl ����T r Rq °� tLe iAE�o cn Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Swear in City Council Member for Seat 3 Ty Palmer MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS OFFICIAL OATH OF OFFICE I, Ty Palmer, do solemnly swear or affirm that I will support the Constitution and Laws of the United States, the Constitution and Laws of the State of Idaho, and the Ordinances and Policies of the City of Meridian, Idaho and that I will faithfully perform the duties of the office of City Council of Meridian, Idaho, to the best of my ability during the continuance of my term, so help me God. Dated this 5th day of January, 2016 Ty Palm r,r�City Council Seat 3 C 7 ��ApUD AUGVS�`^z, ClSSS v3 ti city Of )� E�IDIAI- Attest by`fi, aycee L. Holman, City Clerk Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Genesis Milam Swear in City Council Member for Seat 5 Genesis Milam MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS OFFICIAL OATH OF OFFICE I, Genesis Milam, do solemnly swear or affirm that I will support the Constitution and Laws of the United States, the Constitution and Laws of the State of Idaho, and the Ordinances and Policies of the City of Meridian, Idaho and that I will faithfully perform the duties of the office of City Council of Meridian, Idaho, to the best of my ability during the continuance of my term, so help me God. Dated this 5th day of January, 20 LJG11GJ1J 1VIRU111, l-ll.y %—uUnull i uaL J City of Attest by Jaycee L. Holman, Ci clerkSEAL O C4 0 cn O C (� O � o C) CD c� a O �7 N � O (� O C4 0 0� Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: MYAC Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Information Only Regarding Job Position Changes MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 10A PROJECT NUMBER: H-2015-0038 ITEM TITLE: Oaks South Subdivision No. 3 Request: Final Plat Consisting of Forty (40) Single Family Residential Lots and Five (5) Common Lots on 9.09 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 10B PROJECT NUMBER: H-2015-0024 ITEM TITLE: Continued from December 15, 2015 for Eagle Commons Request: Execute a Development Agreement Required with the Annexation of the Property for the Purpose of Including a Concept Plan and Specific Provisions Relevant to the Development of the Property MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 ITEM NUMBER: 10C PROJECT NUMBER: H-2015-0014 ITEM TITLE: Settlers Square Subdivision Request: Preliminary Plat Approval Consisting of Twelve (12) Commercial Lots and Two (2) Common Lots on Approximately 9.001 Acres in the C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 5,2016 PROJECT NUMBER: H-2015-0015 ITEM TITLE: Falconers Place Subdivision Request: Modification of the Recorded Development Agreement (Inst. #105152708) for the Purpose of Altering the Type and Number of Buildings to be Constructed on the Subject Property MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ja n u a r y Ja n u a r y Ja n u a r y Ja n u a r y 5 5 5 5 , 2 0 1 6 , 2 0 1 6 , 2 0 1 6 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m s # 1 0 A : Oa k s S o u t h S u b d i v i s i o n N o . 3 Zo n i n g / A e r i a l M a p It e m s # 1 0 A : Oa k s S o u t h S u b d i v i s i o n N o . 3 Pr e l i m i n a r y P l a t It e m s # 1 0 A : Oa k s S o u t h S u b d i v i s i o n N o . 3 La n d s c a p e P l a n It e m s # 1 0 A : Oa k s S o u t h S u b d i v i s i o n N o . 3 La n d s c a p e P l a n It e m s # 1 0 B : Ea g l e C o m m o n s a t O v e r l a n d Zo n i n g / A e r i a l M a p #1 ï ï G 38 4 0 36 5 0 13 4 5 1530 33 7 6 35 8 7 18 7 2 80 0 18 0 3 1485 33 3 5 18 5 5 19 3 5 19 4 0 30 7 7 30 3 0 4225 15 9 5 12 9 5 1525 29 6 5 1095 17 8 9 31 3 5 12 6 0 30 8 5 35 2 0 38 1 0 1290 14 0 1 15 0 5 1360 13 4 0 38 2 0 37 8 0 30 5 5 37 5 0 36 5 0 13 1 5 37 6 0 18 7 5 30 0 0 1185 1045 16 5 0 19 6 5 18 2 0 1848 30 6 8 14 1 5 12 7 5 38 5 0 14 0 0 1300 15 4 5 1285 1115 925 17 1 8 36 6 5 1300 1194 1260 1235 18 5 0 14 9 1 14 6 7 14 0 7 17 4 9 38 7 0 10 2 0 37 7 5 1520 950 17 3 9 1900 4160 1130 37 3 0 1280 13 8 5 15 5 0 38 2 5 17 7 4 34 0 5 38 8 0 36 5 0 13 8 0 12 8 5 1070 18 8 0 1560 18 5 9 19 2 0 18 7 5 4220 1005 3919 33 3 0 3970 16 3 0 15 2 3 18 3 1 1650 1480 1786 1395 17 6 7 19 0 5 1360 1030 1325 32 3 5 38 7 5 S Eagle Rd E O v e r l a n d R d §¨¦84 S Rolling Hill Dr S C o b a l t P o i n t W a y E V i e w C i r S J a d e W a y E O n y x S t E T a r p o n D r S To paz Ave S Rackh a m W a y S S i l v e r s t o n e W a y S J a d e A v e S T o p a z W a y Ae r i a l M a p Pr e v i o u s D e v e l o p m e n t P l a n Pr o p o s e d C o n c e p t u a l De v e l o p m e n t P l a n It e m # 1 0 C : S e t t l e r s S q u a r e S u b . 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