HomeMy WebLinkAboutCooperative Construction and Reimbursement Agreement with Linder 109, LLC for Sanitary Sewer Trunkline Overland and Linder
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COOPERATIVE CONSTRUCTION ~
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REIMBURSEMENT AGREEMENT
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27-INCH AND 30-INCH SANITARY SEWER TRUNKLINE ~
OVERLAND ROAD TO CINDER ROAD 0
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THIS AGREEMENT made this ~ ~
day of ~~` ~~~ 2007
by and between the °C o ~ °c ~.
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CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109 ~ o ~ o
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LLC, hereinafter called "DEVELOPER": ° W ~ o
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WITNESSETH:
WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and
desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY
to serve DEVELOPER's property and future City of Meridian property, shown on Exhibit
"A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer
system;
WHEREAS, upon recommendation of the Public Works Deparkment, the City Council of
CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer
system, subject to all conditions hereinafter provided by this Agreement;
NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER
hereby agree:
A. Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings,
instructions, bid proposal and all other contract documents for the construction and
installation of sanitary sewer system (hereinafter called "Project"), shown on Exhibit
"B," including rights-of--way, grades and elevation, and materials used in the
construction and installation of said trunk sanitary sewer lines.
B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve
or reject, in its discretion, the Project plans. CITY and DEVELOPER shall
acknowledge in writing the final plans, and said plans shall not thereafter be modified in
any material way unless such modifications are approved in writing signed by CITY and
DEVELOPER.
C. Construction of the Project.
1. DEVELOPER shall install and construct the Project in compliance with and subject to
all conditions provided herein.
COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 1 of 12
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2. DEVELOPER shall obtain and/or provide all engineering, surveying, contract
administration, and/or permanent and temporary easements necessary for the
construction of the Project.
3. DEVELOPER shall undertake and/or provide all testing, sampling and other normally
conducted measures for quality control/quality assurance regarding any and all installed
systems.
4. CITY shall provide inspection services for the construction of the Project in
accordance with CITY standards.
D. Solicitation of Bids.
DEVELOPER has solicited bids and published requests for bid proposals for
construction of the sanitary sewer system from at least three (3) properly licensed public
work contractors. DEVELOPER will award the construction to the lowest responsible
bidder after obtaining concurrence from CITY of low bidder.
E. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed
construction contract(s). All construction contract(s) shall include, at a minimum, the
following provisions:
1. A requirement that the contractor provide payment and performance bonds naming
CITY as an additional beneficiary as required by the Public Works Contractors License
Act, Chapter 19, Title 54 of the Idaho Code.
2. A requirement that the successful bidder be licensed as a public works contractor.
3. A requirement that the construction of the Project shall be in accordance with the
approved designs, plans, and specifications and be Substantially Complete within six (6)
months of the date of the issuance of a Notice to Proceed from the City. For the
purposes of this Agreement, the term "Substantially Complete" shall mean that the
Project and all components thereof can be safely used for their intended purpose(s)
despite the fact that some item or items remain uncompleted.
4. A provision that the time for Substantial Completion will only be extended by (a)
acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval
processes required by outside agencies not otherwise parties to this Agreement (f) any
request for extension of time approved in writing by CITY.
5. A requirement that the contractor shall maintain liability insurance insuring against
bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00)
per person and per occurrence, and property damage with a limit of One Million Dollars
($1,000,000.00) per occurrence,. Said requirement is extinguished upon acceptance of
Project by City.
6. A provision that the contractor shall indemnify CITY and DEVELOPER from any
and all claims by third persons arising out of the performance of the contract.
COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 2 of 12
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7. A provision that the contractor shall comply with all applicable laws, rules, and
regulations, and that the contractor shall secure all applicable permits and pay all
applicable fees.
8. A provision providing at least a one (1) year warranty on the operation and materials
of the Project, which warranty shall be assignable to CITY, to be secured by securing a
letter of credit in favor of City upon project completion in the amount often percent
(10%) of the total Project cost.
F. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of
any construction contract, the following conditions shall be satisfied:
1. DEVELOPER shall obtain written approval from CITY of the form and terms of
such construction contract, which approval maybe withheld for any reason, including
but not limited to DEVELOPER's failure to obtain a construction contract that contains
the provisions required by this Agreement, but which approval shall not otherwise be
unreasonably withheld.
2. Any easements required for the Project or the construction thereof shall be deeded to
CITY and recorded prior to construction of the Project.
G. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will
construct oversized sanitary sewer improvements, as shown on Exhibit "B", at the
request of the CITY, it is mutually agreed that the cost of the Project will be shared as
depicted in Exhibit "C," subject to actual cost verification by City. DEVELOPER shall
fund 100% of the cost of the Project, estimated at 454 690, with reimbursement from
the CITY in accordance with the provisions of this Agreement.
H. Chance Orders to Construction Contract. DEVELOPER shall obtain the written
approval of CITY before approving any change order to the construction contract if (a)
the cost of the change order will exceed one percent (1%) of the contract price or (b) the
cumulative total of all previously approved change orders exceeds ten percent (10%) of
the contract price. In the event of a change order, CITY and DEVELOPER shall
execute an amendment to this Agreement to record the amount of the change order to be
reimbursed to DEVELOPER, if any. In the event that a change order or other
amendment to the construction contract results in a cost savings, CITY and
DEVELOPER shall execute an amendment to this Agreement to reflect how the cost
savings will be allocated between CITY and DEVELOPER.
I. Completion of the Project.
1. Upon final completion of the Project, DEVELOPER shall furnish to CITY written
certification that the Project has been completed in accordance with the approved plans.
Within fifteen (15) days after delivery of the certificate of completion, CITY shall either
accept the same or provide a written itemization of those matters it reasonably fords to
be non-conforming with the approved plans, in which case DEVELOPER shall
promptly cause the remediation of all non-conforming matters.
COOPERATIVE CONSTRUCTION AND REIIvIBURSEMENT AGREEMENT -Page 3 of 12
•
2. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive
as-built drawings for the Project in both a reproducible, printed format, on both mylaz
and in electronic files in AutoCAD format.
3. Upon completion of the Project, DEVELOPER shall complete all paperwork
necessary to assign to CITY the contractor's one (1) yeaz warranty of the work and
materials on the Project.
4. Upon completion of the Project, DEVELOPER shall represent and warrant that the
Project is free and clear of all liens and encumbrances not created by or with the written
consent of CITY.
J.
Reimbursement to DEVELOPER.
1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project,
CITY shall reimburse to DEVELOPER that portion of the cost allowed by City Code,
after a 2.5% deduction for an administration fee, with the total reimbursement to the
DEVELOPER estimated at 320 043.
2. Method of Pam ent. To receive payment, DEVELOPER will provide CITY with a
written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such
invoice within thirty (30) days after receipt, provided that DEVELOPER is in
compliance with all other terms and conditions of this Agreement, including, but not
limited to, section J(3), below.
3. Reimbursement Payment. CITY shall make to DEVELOPER in one Reimbursement
Payment. Adjustments based on actual costs incurred, where incurred pursuant to
written change orders approved by CITY as set forth herein, will be allowed upon
approval of such adjustments by City Council prior to DEVELOPER'S request for the
first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a)
DEVELOPER'S satisfactory completion of the construction of the sewer improvements;
and (b) DEVELOPER' S submission to CITY proof of costs and CITY's approval of
such proof as substantially conforming to the estimated costs in the proposal approved
by City Council. The Reimbursement Payment shall be subject to submittal of a Letter
of Credit to the City of Meridian in the amount of 10% of the total Project cost to secure
the one year warranty as required of contractor in section E(8) of this Agreement. The
Letter of Credit shall be released in full after a 1-year warranty period from the date of
acceptance subject to any costs incurred by the City for rework or warranty issues
during the 1-year warranty period. City shall notify Developer in writing of warranty
issues or necessity for rework and Developer shall commence work within 30 days of
written notice. If Developer fails or refuses to undertake warranty or rework within the
time frame noted, City may apply letter of credit to warranty work and account for funds
disbursed. The letter of credit shall not be deemed a limitation of the DEVELOPER' S
obligation to fully warranty the Project for the one year period.
COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 4 of 12
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K. Sanitary Sewer Lines on DEVELOPER's Property. As a condition for CITY entering
this Agreement, DEVELOPER has or will request and submit to inspections by the
Public Works Department and/or the Building Department of CITY whenever a building
is to be connected to any and all portions of the Project constructed and installed on
and/or within DEVELOPER's property.
L. Compliance with Laws.
1. In constructing and installing the Project on and/or within its property,
DEVELOPER, at its sole expense, shall comply with any and all laws, orders and
regulations of Federal, State and local authorities and at DEVELOPER'S sole expense
shall obtain any and all licenses or permits which maybe required for or in the course of
the performance of this Agreement.
2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall
abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer
systems.
M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold
harmless CITY from and for any and all losses, claims, actions, judgments for damages,
and/or injury to persons or property and losses and expenses caused or incurred by
DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not
caused by or arising out of tortious conduct of CITY or its employees. In addition,
DEVELOPER shall maintain, and specifically agrees that it will maintain, until City
accepts the Project as per Section I, liability insurance in which CITY shall be named
insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in
Title 6, Chapter 9 of the Idaho Code. "The limits of such 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,
DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY
from and for all such losses, claims, actions and/or judgments for damages and/or
liability to persons and/or property. DEVELOPER shall provide CITY with a certificate
of insurance or other proof of insurance evidencing DEVELOPER' S compliance with
the requirements of this paragraph by filing such proof of insurance with the City Clerk.
In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY
shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit
proof of compliance with the changed limit.
N. No Assig_ ent. DEVELOPER shall not assign any portion of this Agreement or any
privilege here under, either voluntarily or involuntarily, without the prior written
consent of the CITY, which consent shall not be unreasonably withheld.
O. Remedies upon Default.
1. Default b~DEVELOPER. In addition to such other remedies at law or in equity that
CITY may have, in the event DEVELOPER fails or neglects to perform its obligations
under the terms and provisions of this Agreement in the time and manner required
COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 12
herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until
such default is corrected to the satisfaction of CITY.
2. Default by CITY. In the event CITY fails or neglects to perform its obligations
under the terms and provisions of this Agreement in the time and manner required
herein, DEVELOPER shall be entitled to all remedies available at law or in equity.
P. Attorney Fees. Should either party find it necessary to employ an attorney for
representation in any action seeking enforcement of any provision of this Agreement, or
to recover damages for breach of this Agreement, or to resolve any disagreement as to
the interpretation of this Agreement, the unsuccessful party in any final judgment or
award entered pursuant to such action shall reimburse the prevailing party for all
reasonable costs, charges and expenses, including attorneys' fees expended or incurred
by the prevailing party in connection therewith and in connection with any appeal, and
the same may be included in such judgment or award. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination
or forfeiture of this Agreement.
Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be
sent via United States Mail, registered or certified mail, postage prepaid, return receipt
requested, and shall be addressed as follows:
CITY:
Meridian City Engineer
City of Meridian
200 E. Carlton, Suite #101
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
DEVELOPER:
Linder 109, LLC
with copy to:
Trout, Jones, Gledhill, Fuhrman, P.A.
Attn: Stephen J. Gledhill
P.O. Box 1097
Boise, ID 83701
COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 6 of 12
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Such notice shall be deemed delivered if and when delivery is accepted or three (3) days
after deposit in the United States Mail. Either party shall have the right to change its
address by delivering to the other party a written notification thereof in accordance with
the requirements of this section.
R. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Idaho and the ordinances of the City of Meridian.
S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of this Agreement as if the exhibits were set forth in their entirety in this Agreement.
T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire
understanding and agreement between the parties with regard to the transaction
contemplated herein, and no party shall be liable or bound to any other in any manner by
any representations, warranties, covenants and agreements except as specifically set
forth herein.
U. Definition of DEVELOPER's Property. The term "DEVELOPER's Property" in the
Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more
specifically all of the property included in the Southridge Subdivision.
V. Binding_Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their heirs, successors and assigns, and shall survive any transfer by
DEVELOPER of DEVELOPER'S Property.
W. Reports and Information. At such times and in such forms as the CITY may require,
DEVELOPER shall furnish to CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this Agreement.
X. Audits and Ins ecp tions. At any time during business hours and as often as the CITY
may deem necessary, there shall be made available to the CITY for examination all of
DEVELOPER's records with respect to all matters covered by this Agreement.
DEVELOPER shall permit the CITY to audit, examine, and copy 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.
Y. 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.
COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 7 of 12
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written.
DEVELOPER: Linder 1 Q9, LLC
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Title
Date
CITY:
T de ,MAYOR tI4p416iIPl,~ate
Attest: V
WILLIAM G. BERG, JR., IT CAE '~ -c~' ,w -
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A ~ ':
A~®O'f~`~6talPti laltlla~\\\\•\`
COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 8 of 12
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T~T.~vna lv,r;s,4A.il
STATE OF IDAHO )
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County of Ada )
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On this ~~ day of I`t~ a~ s~ ,2007, before me the undersigned, a
Notary Public in and for said State, personally appeared ~o.r~gs L, Jewe~~- ,known
or identified to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
~~~wR1~
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STATE OF IDAHO )
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County of Ada )
Notary Public or Idaho
Residing at: ;l~/ aM~~ , ~ ~
Commission Expires: 1- 2'~ - 2.Q 13
On this .F I ~f day of ,~~~t~"~ ~ , 2007, before me the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who
executed the within instrument and acknowledged to me that they executed the same on
behalf of the City of Meridian
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
N1
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F~`2~2 ~) ~)7 ~ 2 z~~ ~`
Notary Public For Idaho
Residing at: %d 2x ~~j~ ~~~
Commission Expires: j~ ~f~=1~
COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 12
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EXHI131T "C"
SLACa'( CAT' TI2lJiVaC ®VERSIZED SEUVEI~
OVERLAND TO CINDER (LINE A1) - 30" and 27"
CINDER TO STODDARD (LINE B) - 27"
TOTAL REIMBURSEABLE OR CITY
CONSTRUCTION COSTS ONSITE DEVELOPER
CONSTRUCTION COSTS CONSTRUCTION COSTS
LINE Al $454,690 LINE Al $328,249 LINE Al $126
441
LINE B $519,989 LINE B $359,581 ,
LINE B $160,408
TOTAL $974,679 TOTAL $687,830 TOTAL $286,849
ESMF =Engineering, Survey, Management, Fees
LINE Al
SOUTHRIDGE COSTS TO BE PAID IN FALL 2007 BY SOUTHRIDGE AND REIMBURSED FROM THE
CITY OF MERIDIAN LUMP SUM UPON COMPLETION AND ACCEPTANCE
Construction $454,690 By Southridge
ESMF $35,219 By Southridge
Reimbursable
Construction $328,249
Engineering $21,530
Surveying $3,840
Management $2,500
City Plan Review $2,603
City Inspection $2,246
ACRD Inspection $2,500
Reimbursable
Subtotal $328,249
City Admin (2.5%) -$8,206 (2.5% of Reimbursable Construction Plus ESMF)
REIMBURSE $320,043 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION
LINE Al
LINE B
BEARWOOD COSTS TO BE PAID IN SEP/OCT 2007 BY SHEPHERD CREEK AND REIMBURSED FROM THE
CITY OF MERIDIAN 100% UPON COMPLETION
Construction $519,989 By Shepherd Creek
ESMF $22,700 By Bearwood
FEE TO BE PAID TO CITY BY BEARWOOD PRIOR TO SIGNATURE ON PHASE 1 FINAL PLAT
Fee
Developer Portion $160,408
Engineering -$9,500
Surveying -$4,800
Management -$2,500
City Plan Review -$2,100
City Inspection -$1,800
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Subtotal $160,408
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FEE PAYMENT
LINE B $169,397 AMOUNT TO BE PAID BY BEARWOOD TO CITY PRIOR TO PHASE 1
FINAL PLAT SIGNATURE FOR LINE B CONSTRUCTION
NET COST
City of Meridian $670,634 64.9% $519,989 Shepherd Creek (Line B) Reimbursement (Sep/Oct 2007)
$320,043 Plus Southridge (Line A) Reimbursement Payment (Dec 2007)
-$169,397 Minus Bearwood (Line B) Fee Payment (Spring 2008)
Includes $17,196 Admin Fee
Southridge $169,867 16.5% $454,690 Southridge (Line A) Construction Costs (Aug/Sep 2007)
-$320,043 Minus Southridge (Line A) Reimbursement (Dec 2007)
$35,219 Plus ESMF
Bearwood $192,097 18.6% $169,397 Bearwood (Line B) Fee Payment (S
rin
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$22,700 Plus ESMF
GRAND TOTAL $1,032,598 100%
Prepared By: Matthew B. Schultz
Firm: RMR Consulting, Inc.
Date: August 21, 2007
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Meridian City Council
August 21, 2007
Page 6 of 64
and do things we are able to do it better. And so we want to make sure we fill in those
gaps for kids and approving this resolution is a valuable step in that process, so another
thing is to encourage funding sources for the non-profit sector to see the value behind
what they do when they invest in the long-term asset that are our youth. So, we would
also ask you to support us in that endeavor and also to establish and support a
mentoring initiative. We have Big Brothers, Big Sisters, they are very active in this
valley. In fact, I know, Mr. President, you are big -- we want to continue to support that
here in Meridian and choose that as one of our goals as well. So, I know your time is
precious and I will close with that, but I would just ask that you support us in our goal to
make sure our kids have what they need in this city. Any questions forme?
De Weerd: Thank you.
Schueler: Thank you all for your time.
De Weerd: Council, I guess the platform in front of you and the subsequent discussion
has been for your information. We'd like to put this on the agenda next week for your
support and adoption. Certainly you can support the six action items that have been
adopted by the Mayor's Youth Advisory Council and the three adopted by the Meridian's
Promise and/or you can add your own, so however you would like to approach this,
that's the direction I'm seeking tonight with the caveat to move this forward to next
week's agenda for adoption.
Bird: That's what i would recommend.
Rountree: Madam Mayor, that would be my recommendation. Move it forward.
De Weerd: Okay. Okay. Thank you. Thank you for joining us tonight.
B.
De Weerd: Okay. Item 6-B under Public Works. I'll turn this over to Len.
Grady: Madam Mayor, Members of the Council, tonight's request is a little bit unusual.
You have received an agreement for -- a reimbursement agreement for lines A-1 and B
as shown on the map here just a few minutes ago. I know you haven't had a lot of time
to read it over, but the city attorney has read it over, I have read it over, and I think we
are -- we are in a position where we would like to get approval with that reimbursement
agreement and move towards construction. I understand from the city attorney's office
there are some minor corrections, mostly cosmetic, nothing substantial that needs to be
done, and we are still lacking signatures from the developers for line A-1 and B. So,
what I'm asking tonight is fora resolution to .:approve these two reimbursement
~;
agreements that will take that Black Cat Trunk to Stoddard prior to getting -- prior to
~~
'IAeridian City Council
'~.. August 21, 2007
Page 7 of 64
getting signatures from the developers. I'd like to give them a short time frame to get
that signed and, then, get it to the Mayor later this week. Highly unusual, like I say.
Bird: Madam Mayor?
De Weerd: Yes, Allr. Bird.
Bird: Len, I have no problem -- I don't think we need a resolution, we just -- to agree
upon these agreements. I have no problem, as long as you and the legal department
feel comfortable with it and the people that we are entering into agreement with have no
problem with it, of making a motion to approve this and for the Mayor to sign and the
Clerk to attest once these are signed --
Grady: Yes.
Bird: -- by the other party.
Grady: They have to be signed by -- yeah.
Bird: We would be the last signatures. I have no problem doing that, if that's what you
want, if that's what you're asking for.
Grady: That's what I'm asking for.
Bird: Unless the rest of the Council --
De Weerd: Yes, Mr. Zaremba.
Zaremba: Do we need a sense from the other potential signatories of how likely they are
to accept the terms?
Bird: Iwould -- I have no problem. I'd like to hear from Matt and --
Rountree: A couple of them out there.
De Weerd: What -- maybe I should call on the one pacing in the back.
Schultz: Good evening, Mayor and Council. fV9att Schultz. R(V4R Consulting, 2127 South
Alaska. And, yes, Mayor, we are talking about the Bear Creek Park. You always give
me a hard time about -- we are not talking about the Bear Creek Park again, are we?
De Weerd: We are not talking about trees --
Schultz: Yeah. Trees and all that, but -- no. It's been several years, but I am glad to be
talking about the Black Cat Trunk getting built, because we have been talking about it
for a long time and I kpow it's much needed and -- and I'm here to say that we have
Meridian City Council
August 21, 2007
Page 8 of 64
worked long and hard on getting these agreements signed and I think it's just been
some last second, you know, minor tweaks by the legal department and us coming back
and going, well, what about this, what about that, but I think what we have here is a -- or
I know what we have here is a very signable agreement and we are -- we have had the
contractor on the hook now since June 13 with a bid and so we need to -- we let it out to
bid in early June and we have been anxiously waiting to get this awarded. So, it's not so
much locking in prices, which is important, but if he doesn't order the pipe the
manufacturer is going to give it to somebody else and it's going to take weeks to get a
new batch and so we are really anxious to get this approved and moving down the road.
Now, I would point out that I know the developer South Ridge is anxious to get back in
front of you on this other section as well that's not before you tonight and, hopefully, that
can come back before you soon to talk about how that -- how that might get reimbursed
and it's part of that Overland Road reimbursement -- or realignment with ACRD. I know
that's kind of a priority as well. So, what we would like to have you do tonight, based on
assurances that our agreements are in order, is to -- is to concur with our award of the
bid to Brown Construction and to approve the agreement subject to getting our
signatures and bringing it back before the Mayor here hopefully by the end of the week
to start with the construction of the 30 and the 27 and plus the 27 to start a road from
Overland Road and get moving. There is a minor point I wanted to bring up in the
agreement and Idon't -- it's not a deal killer, but I want to bring it up and see what
Council says -- is there is about 60,000 dollars in what we call, I guess, soft costs above
and beyond the construction costs. That's your engineering, surveying, project
management, fees, permits, all those other miscellaneous costs and we originally had
all those costs as reimbursable in our agreements, because the ordinance is a little
vague, it says off-site is reimbursable, on site it may be, depending on how you interpret
it. We at the last second took all that out because of an interpretation. So, we went from
having it in and all the way out and I'd ask that maybe -- maybe a compromise would be
in the spirit of the cooperative agreement that we split it and go half on it. It would seem
like to be a minor dollar amount of, you know, 50,000, but when we are kind of tight with
the banks and the infrastructure costs -- I mean this is a project that will be a hundred
percent funded by the developers, we will hand over the keys when it's done, with a ten
percent letter of credit for a one year warranty and say it's all yours. I mean it will be
done a hundred percent, we are financing it -- we are financing all those costs. So, there
is a little vagueness in the agreement and we'd just ask that we -- that we maybe split
those soft costs and it's an easy little tweak to the agreement and other than that, I think
we are -- we are ready to start laying some pipe and get a much needed sewer line in
the ground to take the Ten Mile Trunk --and it's kind of at a capacity issue right now, so
it will be good to -- not just for my little subdivision -- the reason I'm involved is I'm
managing Shepherd Creek. I'm kind of the canary in the mine, so to speak, but there is
a bigger problem than just Shepherd Creek needing service, it is the whole south part of
Meridian, Tuscany, and some other subdivisions down there that are temporarily going
into the Ten Mile Trunk that need to get taken off and the city has awarded a section
right from here to here recently, they have awarded that section. And, then, we are only
a half mile -- is all we are is a half mile to getting the whole part of south Meridian
cleaned up in terms of the long-term master plan. So, this is a big chunk of it and we are
happy to be involved in getting that done and putting it out to bid in accordance with
Meridian City Council
August 21, 2007
Page 9 of 64
your matrix, which reimburses a certain amount for depth and size and we have done all
that properly and I think it's a shining example of a cooperative reimbursement that,
essentially, gets the city what would -- normally they would pay a hundred percent for
for something of this priority, at 70 percent of the cost. So, I think having a 30 percent
reduction is a great way that -- to share that burden and get some things done in a
timely fashion and a good price. So, with that we'd ask for your concurrence in awarding
the bid to Brown Construction and move forward. Thanks.
De Weerd: Okay. Any questions, Council?
Bird: I have none.
De Weerd: Okay. Thank you.
Schultz: Thanks.
De Weerd: Any other comments? No?
Bird: Madam IVtayor? Len, you agree with everything Matt said?
Grady: Everything except that -- if there is one clear part of the ordinance it is that on
site engineering costs are not to be reimbursed. There is some ambiguity, but that to me
is a fairly clear portion of the agreement and so I would -- I would not agree with that. I
agree with everything else. I think the agreement that you have in front of us -- I believe
it represents what ldlatt and Kyle and myself agreed to and that's why I brought it
forward. I'd be reluctant to see it changed. ~'
De Weerd: Okay.
Bird: I don't disagree with you. Okay.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Ihave a -- I guess a confusion to me. I think I heard Mr. Schultz use the word
letter of credit and don't we normally take a bond or something? One, I'm not sure, is
there a big difference between those two, but is that a change of policy or is that -- I
mean I'm familiar with us asking for bonds, but did I hear letter of credit.
Grady: Madam Mayor, Councilman Zaremba, we prefer a letter of credit if we can get
one. Bonds we find are difficult at best to cash. When you go to cash a bond, the bank
-- you have to prove to the bank that you're supposed to be cashing it and so you're
automatically adversarial with the bank. A letter of credit you go down and you cash it
and you're done, so it's a much easier, much cleaner instrument, in our opinion. And
~`~ Meridian City Council
~~; August 21, 2007
Page 10 of 64
that's why we are only asking for the ten percent letter of credit just to cover
maintenance costs. So, it's a minor substitution and we are okay with that.
Zaremba: I guess the reason I ask that is that having been so many years on the
Planning and Zoning Commission, I heard bond, bond, bond. Is this a permanent new
policy that we are doing for everybody?
Grady: You're absolutely correct and certainly if this was a Public Works project we
would be going for a bond, because that's our ordinance. But because the contractor is
doing this and we are reimbursing them, we are taking advantage of a little bit of
flexibility, so --
Zaremba: Thank you.
Grady: Okay.
De Weerd: Okay. Any further questions from Council?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
would need to do these separately; right? Madam Maviifh~ve no more
tween the city of nneria -
and the Clerk to attest after the developer has signed.
Nary: Madam Mayor?
De Weerd: Before we have --
Nary: Oh, sorry.
De Weerd: --discussion, can I have a second?
Borton: I'll second for discussion.
De Weerd: Okay. Mr. Nary.
G~~-
Nary: And, Madam Mayor, Members of Council, also if you would include in your motion
-- I mean there are some minor changes that both parties need to complete into this
agreement. As long as those get done, then, the developer could sign and, then, we'd
have the Mayor sign.
"r`
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~' AAeridian City Council
~.:: st 21, 2007
,. 11 of 64
s
~~ Bird: That would -- I would include that in my motion that if there is some other
,negotiation between the two parties, that that's done and that we sign -- the city, the
ayor, and Clerk sign after the developer has signed after that has been taken care of.
°-
De Weerd: Does second agree?
Borton: Second agrees.
De Weerd: Okay.
Zaremba: Madam Mayor, further discussion?
De Weerd: Discussion.
Zaremba: Somebody made the suggestion that we also need to specify that the contract
be awarded to Brown Construction. Is that part of this motion or something separate?
Bird: He's working for them, he's not working for us.
Zaremba: Okay. All right.
De Weerd: I'd rather work for us. Matt, that wasn't a slight. Okay. Any further
discussion?
Rountree: I have none.
De Weerd: Okay. Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
,~-
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De Weerd: Okay. The second agreement?
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I'd move we approve the cooperative construction reimbursement agreement for
~~ itary sewer trunk line, Linder Road to Stoddard Road, between the City of
Lk.
erldlan, aho, and off-site developer of Shepherd's Creek, LLC, and on-site developer
of Tuscany Development, Incorporated, and for the Mayor to sign and the Clerk to attest
after the developers have signed and upon negotiation of the minor points that's left that
might need to be done.
Rountree: Second.
`" Meridian City Council
~~~~ August 21, 2007
Page 12 of 64
De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Berg, will you,
please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
De Weerd: I'~llr. Zaremba.
Zaremba: I don't know if it's appropriate, but my question would be about the third
portion that we are not talking about, the section that goes Overland Road the other
direction where we hope it will be realigned, one, I still want to reiterate our support for
ACHD tomorrow at one of their meetings, making that formal. I think this Council in the
past has recognized the importance of that realignment and it is part of our old Ten 9Vlile
area plan and I think in the south Meridian area plan, but I wanted to reaffirm our
commitment to ACHD to have that realigned and, then, I guess that leaves a question
when are we likely to hear about that one, anybody know?
De Weerd: Len.
Grady: Madam Mayor, Members of the Council, like Mr. Schultz said, we are working
towards getting the second leg of the -- the west leg negotiated. We were finding -- even
as late as today we were flipping and flopping, so we weren't able to narrow in the
bounds of that agreement. Certainly the city is committed to working with the developer
and working towards a resolution of that. As far as the sewer goes in that -- in that line,
we are in favor of it. We have an easement, the developer is required to put to and
through, so short of just getting this agreement in place, we are not holding anybody up.
So, just wanted to stress that, so --
Zaremba: So, we are still showing to ACHD that we are fully behind this and moving
that direction, I guess. Behind the realignment.
Grady: We -- well, last year Public Works went ahead and worked with the developer to
get an easement. I believe it was even prior to the ACHD meeting, just to show ACHD
that this -- if we are going to put sewer in here, that's where the road needs to go. So, at
least as far as Public Works is concerned, we have finalized that location and that --
that's the support we can lend to this situation.
Zaremba: Great. Thank you.
Grady: So, I'm -- you know, time is -- we haven't been really quick so far, but I think as
far as legal and the agreement itself, I think those terms are already set, so it's really a
question now of fine tuning payback terms and that type of stuff, So, we are committed.
'~ 111I~ridian City Council
,~rr_ August 21, 2007
Page 13 of 64
De Weerd: So, I guess, Len, it's possible that could be on our next agenda September
4th.
Grady: It certainly is possible.
De Weerd: Okay.
Grady: We will do our part.
De Weerd: Thank you.
Zaremba: Thank you.
De Weerd: Okay. Anything else, Council?
Rountree: I have nothing.
Bird: I have nothing, Mayor.
Item 7: Items IV>foved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: FP 07-024 Request for Final Plat approval for 44 detached single-family
building lots, 24 attached single-family building lots, 2 private street lots,
and 10 common lots on 9.52 acres in R-4 and R-15 zones for Jericho
Subdivision by Heron River Development, LLC - 6055 and 6185 North
Jericho Road:
De Weerd: Item No. 8 is FP 07-024. Anna.
Canning: 1Vladam Mayor, Members of the Council, we do have a letter from the
applicant stating they are in agreement with the conditions of approval and there are no
outstanding issues that we know of before Council.
De Weerd: Okay. Excellent. Council, I would entertain a motion.
Borton: hlladam Mayor?
De Weerd: Yes.
Borton: I move we approve Item 8, FP 07-024.
Zaremba: Second.