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2015-01-27�E IDIAN CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 27, 2015 at 6:00 PM 1. Roll -Call Attendance O David Zaremba O Joe Borton X_ Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Jaren Hansen with the Cross Park LDS Ward 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 13, 2015 City Council PreCouncil Meeting B. Approve Minutes of January 13, 2015 City Council Meeting C. Approve Minutes of January 20, 2015 City Council Meeting D. Hold Harmless and Indemnity Agreement for Use of School District Facilities with Joint School District No. 2 E. Award of Bid and Approval of Agreement to Southern Idaho Electric for the "Wastewater Treatment Plant (WWTP) Aeration Basin Control Improvements" Project for a Not -To -Exceed Amount of $163,834.86 F. Approval of Task Order 10417.j to DC Engineering for the "MERIDIAN SCADA COMMUNICATIONS" Project for the Not -To -Exceed Amount of $52,400.00 G. Approval of Evergreen Sole Source Purchase for VAUGHAN Products from Wm. H Reilly Company Meridian City Council Meeting Agenda —Tuesday, January 27, 2015 Page 1 of 2 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. H. Approval of purchase of SCBA's and related equipment from Municipal Emergency Services for the Not -To -Exceed amount of $88,700.00. 6. Action Items A. FP 14-046 Jump Creek by Kent Brown Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of SixtyOThree (63) Single Family Residential Lots and Eleven (11) Common Lots on Approximately 16.68 Acres in the R-8 and R-15 Zoning Districts Continued to February 17, 2015 B. Public Hearing: Proposed Additions to the 2014-2015 Fee Schedule of the Meridian Parks and Recreation Department Concerning Park Reservation Fees for Julius M. Kleiner Memorial Park and Settlers Park C. Resolution No. 15-1046: A Resolution the Adopting Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved 7. Department Reports A. Public Works: Budget Amendment for the Wastewater Treatment Plant (WWTP) Aeration Basin Control Improvement Project FY15 for the Not -to - Exceed Amount of $100,000.00 Approved B. Public Works: Budget Amendment for Waterline Extensions for FY2015 in the Not -to -Exceed Amount of $120,000.00 Approved 8. Future Meeting Topics None 9. Executive Session Per Idaho State Code 67-2345 (1)(f): To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 6:14 p.m. Out of Executive Session at 6:47 p.m. Adjourned at 6:47 p.m. Meridian City Council Meeting Agenda —Tuesday, January 27, 2015 Page 2 of 2 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 27, 2015 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, January 27, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis Milam and Luke Cavener. Members Absent: David Zaremba and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Clint Doslby, Tracy Basterrechea, David Jones, Mike Barton, Colin Moss and Dean Willis. Item 1: Roll -call Attendance: Roll call, David Zaremba X Joe Borton Charlie Rountree X Keith Bird X Genesis Milam _X Lucas Cavener X Mayor Tammy de Weerd De Weerd: Okay. I'd like to welcome everyone to our City Council meeting. In particular we love to see our Boy Scouts. We have two troops with us here today. Troop 168, who is sponsored by the Meadow Grass LDS Ward and Troop 51 that is sponsored by Mary McPhearson Elementary. So, thank you, boys, for being here and good luck on earning those badges or pins, so -- but thank you for being here. Madam Clerk -- I guess for the record it is Tuesday, January 27th. It's 6:02. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance and we will be led tonight in our pledge by Troop 51. If you boys will come forward and lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: Thank you. And if you boys will come forward I will give you a pin. Item 3: Community Invocation by Jaren Hansen with the Cross Park LDS Ward De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Jaren Hansen. He is with Cross Park LDS Ward. If you will all join us in the community invocation or this take as an opportunity for a moment of reflection. If you will step up to the microphone here so we can put this on our public record. Thank you for joining us. Meridian City Council January 27, 2015 Page 2 of 10 Hansen: Thank you. Our kind Father in Heaven, we are grateful for this opportunity that we have to gather here for this City Council meeting. Grateful for all of our bounteous blessings which we enjoy. We are grateful for this community we live in and this great country that we live in and the freedoms we enjoy and sacrifices that have been made to give us those freedoms and maintain those freedoms and wilt thou bless those servicemen and women that represent us at this time and that they will -- they will be protected and find success. We pray for the local law enforcement and for all those who -- who faithfully serve this community. We pray that they can do so safely and with wisdom and guidance. We pray that thou wilt guide this meeting and bless the leaders that -- and participants in this meeting that they will be guided with -- with wise decisions and in a manner pleasing unto thee. We pray that all can return home safely to their homes at the end of this meeting and we say this in the name of Jesus Christ, amen. De Weerd: Jaren, if I can I would like to offer you a City of Meridian pin as well. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Have two corrections on the agenda. Item 6-A, the applicant has requested a continuance until February 17th and on Item 6-C the resolution number is 15-1046. With those changes, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. That was painful. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 13, 2015 City Council PreCouncil Meeting B. Approve Minutes of January 13, 2015 City Council Meeting C. Approve Minutes of January 20, 2015 City Council Meeting Meridian City Council January 27, 2015 Page 3 of 10 D. Hold Harmless and Indemnity Agreement for Use of School District Facilities with Joint School District No. 2 E. Award of Bid and Approval of Agreement to Southern Idaho Electric for the "Wastewater Treatment Plant (WWTP) Aeration Basin Control Improvements" Project for a Not -To -Exceed Amount of $163,834.86 F. Approval of Task Order 10417.j to DC Engineering for the "MERIDIAN SCADA COMMUNICATIONS" Project for the Not - To -Exceed Amount of $52,400.00 G. Approval of Evergreen Sole Source Purchase for VAUGHAN Products from Wm. H Reilly Company H. Approval of purchase of SCBA's and related equipment from Municipal Emergency Services for the Not -To -Exceed amount of $88,700.00. De Weerd: Okay. Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda. Authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Action Items A. FP 14-046 Jump Creek by Kent Brown Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of SixtyOThree (63) Single Family Residential Lots and Eleven (11) Common Lots on Meridian City Council January 27, 2015 Page 4 of 10 Approximately 16.68 Acres in the R-8 and R-15 Zoning Districts De Weerd: Item 6-A. The applicant did request a continuance to February 17th and, Council, any questions about that? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, he had a written reason that you -- that was valid? Hood: Yes. Madam Mayor, Councilman Bird, Members of the Council, the applicant is -- it is a valid reason, to answer your question. What it boils down to is working with the city and ACHD on insuring that the storm drain is available to both the developer and those two agencies. So, a couple weeks. Yes. De Weerd: Okay. Bird: With that, Madam Mayor? De Weerd: Mr. Bird. Bird: I would move we continue FP 14-046 to February 17th, 2015. Milam: Second. De Weerd: I have a motion and a second to continue Item 6-A to February 17th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Public Hearing: Proposed Additions to the 2014-2015 Fee Schedule of the Meridian Parks and Recreation Department Concerning Park Reservation Fees for Julius M. Kleiner Memorial Park and Settlers Park De Weerd: Item 6-B is a public hearing regarding our fee schedule for the Meridian Parks and Recreation Department and our reservation fees. Moss: Yes. Good evening, Madam Mayor, Members of the Council. We are just here with the Parks and Recreation Department to approve -- hopefully approve a few fees that we have coming up for this -- for this year. We typically come three times a year with our activity guide fees where we try to roll in as many fees as we can at that time. These ones weren't really -- weren't ready yet when we came at the beginning of December with our winter activity guide fees. So, we have at Kleiner Park the band Meridian City Council January 27, 2015 Page 5 of 10 shell. The plan is -- right now we only take full day reservations for the band shell. Over the course of the time when Kleiner Park has been open we have taken lots of shorter reservations -- or at least requests for reservations as Councilman Cavener I think will attest -- weddings and other events, such as morning church services that don't require a full day and so we are interested in breaking up the day now for -- for the band shell, so we can allow for one event in the morning, one event in the afternoon. The fees there were simply split in half, much like our shelters are, where a full day reservation is a certain amount, half day reservation is exactly half that amount and, then, at Settler's Park, as you know, we have a new tennis facility and so we wanted to put some fees attached to reserving the courts individually, as well as reserving the courts for a full day tournament type of event. So, I would stand for any questions you have regarding any of the individual fees. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think I understand, but for public knowledge, these tennis reservations is if you reserve and if I -- me and my wife walk up and want to play we don't have to reserve the -- pay two and a half or anything; right? Moss: Correct. Bird: That's what I thought. I just wanted to make sure. Moss: Yes, Councilman Bird. There are tennis -- there is seven full-size tennis courts and three quick start courts at the tennis complex. Two of those courts are going to be left for public -- public play at all times and are not reserveable, with the exception of tournaments and so, you know, we will have lessons out there throughout the summer. We will allow, you know, Idaho Tennis Association to make reservations for their leagues and things like that. But if you -- if you go out there and there is nobody playing, it's just like any other park facility, it's first come, first serve. Bird: Madam Mayor, follow up? De Weerd: Yes. Bird: Follow up. And how many pickle ball courts do we have? Moss: Three. Bird: Okay. De Weerd: Any other questions from Council? Okay. Thank you, Colin. Meridian City Council January 27, 2015 Page 6 of 10 Moss: Thank you. De Weerd: Do we have any members of our public who would like to testify on this item? Okay. Seeing no public comments and no further questions from Council, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the fee schedule for Kleiner and Settler's Park. Cavener: Second. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Resolution No. : A Resolution the Adopting Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item 6-C is Resolution 15-1046. Council, any discussion on this resolution? Bird: I have none. Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we approve Resolution No. 15-1046, adopting the fee schedule. Rountree: Second. De Weerd: I have a motion and a second to approve Item 6-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, absent; Milam, yea; Cavener, yea. Meridian City Council January 27, 2015 Page 7 of 10 De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 7: Department Reports A. Public Works: Budget Amendment for the Wastewater Treatment Plant (WWTP) Aeration Basin Control Improvement Project FYI for the Not -to -Exceed Amount of $100,000.00 De Weerd: Item 7-A is under our Public Works Department. I will turn this over to Clint. Dolsby: Thanks, Madam Mayor and Members of the Council. We have two separate budget amendments to present for your consideration tonight. I will go through them one at a time. The first in the amount of 100,000 dollars is for the aeration basin control improvement project. The scope of this project was expanded due to the anticipated new NPDES permit limits, which resulted in the need for this budget amendment to complete the larger project to automate the operation of the aeration basins -- aeration basins in advance of our new permit. With that I will stand for any questions on the first item. De Weerd: Council, any questions? Okay. Hearing none, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how David isn't here, I will -- I will make a motion that we approve the budget amendment for the aeration basin control improvement project not to exceed 100,000 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Public Works: Budget Amendment for Waterline Extensions for FY2015 in the Not -to -Exceed Amount of $120,000.00 Meridian City Council January 27, 2015 Page 8 of 10 De Weerd: Item 7-B is also on to Public Works and Clint. Dolsby: Thank you, Madam Mayor, Members of the Council. The second is another budget amendment for waterline -- waterline extensions for FY -2015 in a not to exceed amount of 120,000 dollars. So, higher than anticipated construction costs for utility improvements associated with the 2015 ACHD Ten Mile, Cherry to Ustick project and also the addition of the McMillan PRV or pressure reducing valve project have utilized the funds needed to construct the Locust Grove waterline extension project. So, this budget amendment is being requested to provide funding needed to construct the Locust Grove, Black Rock to Reflection Ridge waterline extension project in FY -15 as planned. So, with that I will stand for any questions. De Weerd: Wow. We have been talking about that project for years. Dolsby: Yes, we have. Pe Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Do I hear a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-13, a budget amendment in an amount of 120,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 8: Future Meeting Topics De Weerd: Council, any topics for future meeting agendas? Bird: I don't have any at this time. Meridian City Council January 27, 2015 Page 9 of 10 Item 9: Executive Session Per Idaho State Code 67-2345 (1)(0: To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Item 9 is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION. (6:14 p.m. to p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council January 27, 2015 Page 10 of 10 MEETING ADJOURNED AT P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR 7T DE WEERD DATE APPROVED 41, ATTEST:� , .l 7 O p� 1A`KCE6JHOLMAN, CITY CLERK j AN SEAL ti. 1 _'`f he TgE Changes to the Agenda: Item #6A: Jump Creek Subdivision (FP -14-046): The applicant is requesting this item to be continued to the February 17, 2015 hearing. The applicant has submitted written justification for the request. Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of January 13, 2015 City Council PreCouncil Meeting 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 27, 2015 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of January 13, 2015 City Council Meeting 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 27, 2015 ITEM TITLE: APPROVE MINUTES ITEM NUMBER: PROJECT NUMBER: Approve Minutes of January 20, 2015 City Council Meeting 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 27, 2015 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: HOLD HARMLESS AND INDEMNITY AGREEMENT Hold Harmless and Indemnity Agreement for Use of School District Facilities with Joint School District No. 2 MEETING NOTES F Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i West Ada SCHOOL DISTRICT I;[aMIXO 111193I IIDM7.1►i17 ► 1 1i�i �1►1Y11'/:� Y�I (For use of School District Facilities by a Governmental Entity) THIS HOLD HARMLESS AGREEMENT ("Agreement") is made by and between Joint School District No. 2, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter the "District" and the City of Meridian, hereinafter referred to as "Entity". RECITALS: A. Entity is a "governmental entity" as defined in the Idaho Tort Claims Act, Idaho Code §6-901, et. seq. B. Entity is interested in having the opportunity to use various facilities and/or grounds of the District for public purposes from time to time as approved by the District. C. In exchange for the opportunity to use the District's facilities and/or grounds, Entity desires to provide certain written assurances and indemnifications to District for claims and damage arising out of or occurring during and from such use as hereinafter set forth. NOW THEREFORE, for good and valuable consideration, and in consideration of the recitals above, which are incorporated herein, and the mutual representations, covenants, undertakings and agreements hereinafter contained, District and Entity agree as follows: Indemnification of District. Entity shall defend, indemnify and hold harmless the District, and District's trustees, officers, agents and employees, and the State of Idaho, from and against any and all demands, suits, actions, claims, loss or damage of any kind, character or description, whether or not meritorious, costs, or expenses, including, without limitation, attorneys' and other professional fees and disbursements, in conjunction with any loss of life, personal injury and/or property damage arising out of or relating to the occupancy or use by Entity of any part of the District's facilities and/or grounds occasioned wholly or in part by any act or omission of Entity or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors, except for such claim resulting solely from the negligence or otherwise wrongful act or omission of the District and/or the District's officers, employees, or servants. 2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. Dr. Linda Clark, Superintendent 1303 E. Central Drive • Meridian, ID 83642 - P: (208) 855-4500 - F: (208) 350-5962 a. The insurance policy shall contain standard liability insuring agreements in the limits set forth in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities and/or grounds, and at least annually thereafter for so long as Entity shall use any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of cancellation or material alteration of the policies set forth in the certificate of insurance. d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out of Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or term herein. 4. Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 E. Central Drive Meridian, ID 83642 To Entity: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian, ID 83642 Assignment. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. Dr. Linda Clark, Superintendent 1303 E. Central Drive • Meridian, ID 83642 - P: (208) 855-4500 • F: (208) 350-5962 6. Attorney's Fees. In the event that suit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 8. Authority of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: DISTRICT: Tammy 4 erd, Mayor Date: / ] -/5, ,1 moo,. Holman, Cit Gjerk SFAL CF T �O `d.. rie, TaEa� Joint School District No. 2 CL- Linda Clarl , Superintendent Date: 117— V/ Dr. Linda Clark, Superintendent 1303 E. Central Drive • Meridian, ID 83642 • P: (208) 855-4500 • f: (208) 350-5962 Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND APPROVAL OF AGREEMENT Award of Bid and Approval of Agreement to Southern Idaho Electric for the "Wastewater Treatment Plant (WWTP) Aeration Basin Control Improvements" Project for a Not -To -Exceed Amount of $163,834.86 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, Emily Skoro, Clint Dolsby Date: 01/22/2015 Re: January 27h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 270 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to SOUTHERN IDAHO ELECTRIC. INC for the "WWTP AERATION BASIN CONTROL IMPROVEMENTS" project for a Not -To - Exceed amount of $163,834.86. Recommended Council Action: Award of Bid and Approval of Agreement to SOUTHERN IDAHO ELECTRIC, INC for the Not -To -Exceed amount of $163,834.86. Thank you for your consideration 0 Page 1 [AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WWTP AERATION BASIN CONTROL IMPROVEMENTS) PROJECT # 10162.J THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of January, 2015, 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 Southern Idaho Electric. Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 182, Melba, ID 83641 and whose Public Works Contractor License # is C -15206 -CC - 406000). 206 -CC - 4 16000 . INTRODUCTION Whereas, the City has a need for services involving WWTP AERATION BASIN CONTROL IMPROVEMENTS; 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 Agreement 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 Attachment "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, 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, WWTP Aeration Basin Control Improvements page 1 of 11 Project 10162.J 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 underthis 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 Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $163,834.86. 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 made 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. 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 Attachment A. W WTP Aeration Basin Control Improvements page 2 of 11 Project 10162.J 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 Attachment B of this Agreement on the date due, Contractor, at 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. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred iftyl 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. Contractor has ten (10) calendar days from Notice To Proceed to notify City of any delays due to product availability. 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 below for Substantial Completion. Substantial Completion shall be accomplished within 120 (one hundred twenty) 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. 4. Termination: 4.1 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 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. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement WWTP Aeration Basin Control Improvements page 3 of 11 Project 10162.J 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. 4.2 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. 5. Independent Contractor: 5.1 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 Attachment 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. 5.2 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. 5.3 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 persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR 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 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 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per W WTP Aeration Basin Control Improvements page 4 of 11 Project 10162.J 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, or 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 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. 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 Contractor 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, 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. 6.4 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. 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 Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental W WTP Aeration Basin Control Improvements page 5 of 11 Project 10162.J Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. 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. 9. Meridian Stormwater Specifications: All construction projects may require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) 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: 10. 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 CONTRACTOR City of Meridian Southern Idaho Electric, Inc Purchasing Manager Attn: Lee Van Schoiack 33 E Broadway Ave P O Box 182 Meridian, ID 83642 Melba, ID 83641 208-888-4433 Phone: 208-495-2773 Email: sielectricC@aol.com Idaho Public Works License #C -15206 -CC -4 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. 11. 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. 12. 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 parry so failing to perform. W WTP Aeration Basin Control Improvements page 6 of 11 Project 10162.J 13. 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. 14. Discrimination Prohibited: 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. 15. Reports and Information: 15.1 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. 15.2 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. 16. 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. 17. 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. 18. 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. 19. ACHD: 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 W WTP Aeration Basin Control Improvements page 7 of 11 Project 10162.J 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor 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 Contractor 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 Contractor's failure to designate individual documents as exempt. The Contractor'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. W WTP Aeration Basin Control Improvements page 6 of 11 Project 10162.J 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de W MAYO Dated: - Y7 " / SOUTHERN IDAHO ELECTRIC, INC BY: V� LEE VAN SCHOIACK, President Dated: I 12-k) 1 s Purchasing Approval Dated:: �2Z��� Dated:: 2 t6 � T W WTP Aeration Basin Control Improvements page 9 of 11 Project 10162.J Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10162.) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10162.J, are by this reference made a part hereof. W WTP Aeration Basin Control Improvements page 10 of 11 Project 10162.J Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $163,834.86. Milestone 1 Substantial Completion 120 (one hundred twenty) days Milestone 2 Final Completion 150 (one hundred fifty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the W WTP AERATION BASIN CONTROL IMPROVEMENTS per IFB PW -15-10162.J (Add Alternates 1-5 are included in contract. Base Bid ............ $140,983.14 Add Alternate 1 ...............$$9,925.00 Add Alternate 2 ................ $3,231.68 Add Alternate 3 .................$3,231.68 Add Alternate 4 .................$3,231.68 Add Alternate 5 .................$3.231.68 CONTRACT TOTAL ....................... $163 834.86 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. Description Quantity Unit Unit Price Provide all necessary labor and materials as shown on the drawings excluding owner furnished equipment and control system programming for a complete functional air flow control system per the attached plans andspecifications 1 LS $70,160.00 Furnish and install PLC Components in Existing PLC Panel Dw 1-005 1 LS $4,680.00 Build and Install Flex 1/0 Panels including PLC Components Dw 1-010 1 LS $59,150.00 Sales Use Tax 8 actuators at $5,194.50 each x 6% 1 LS $2,493.14 Bonds 1 LS $4,500.00 ADD ALTERNATE 1: Provide line Item price for FCI field service technician to validate the existing air flowmeter Installations and confirm the accuracy of airflow measurements. FCI 10 provide detailed installation report for each flowmeter, 28 total. 1 LS $9,925.00 ADD ALTERNATE 2: Provide price to install one actuator in each additional "future actuator' location In Zone 6 of Aeration Basins 1 through 4. This is will be 4 "future actuators" in Zone 6. 1 LS $3,231.68 ADD ALTERNATE 3: Provide price to Install one actuator in each additional'Yuture actuator" location in Zone 7 of Aeration Basins 1 through 4. This is will be 4 "future actuators" in Zone 7. 1 LS $3,231.68 ADD ALTERNATE 4: Provide price to install one actuator In each additional'future actuator' location in Zone 8 of Aeration Basins 1 through 4. This is will be 4 "future actuators" in Zone 8. 1 LS $3,231.68 ADD ALTERNATE 5: Provide price to install one actuator In each additional'9ulure actuator' location In Zone 9 of Aeration Basins 1 through 4. This is will be 4 "future actuators" in Zone 9. 1 1 1 LS $3,231.68 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WWTP Aeration Basin Control Improvements page 11 of 11 Project 10162.J cnH J U) W w L CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 10/14/2014 REQUESTING DEPARTMENT Public Works Fund: 60 Department: Construction: x Project Name: Project Manager: EMILY SKORO Contractor/Consultant/Design Engineer: Budget Available (Attach Report): 3590 GL Account: 96101/94000 Project # 10162.) PSA: Task Order: AERATION BASIN CONTROL IMPROVEMENTS PROJECT Department Representative: CH2M HILL Contract Amount: $163,834.86 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: The city i5 opting to add in Add Alternates 1 - 5 Base Award = $140,983.14 + Add Alternates of $22,851.72. 10 Day Waiting Period Complete: December 29, 2014 Date Award Posted: December 19, 2014 PW License # PW -15206 -CC -4 Current? (attach print out) yes Corporation status Goodstanding Insurance Certificates Received (Date): January 21, 2015 Rating: A+ Payment and Performance Bonds Received (Date): January 21, 2015 Rating: A Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 22, 2015 Approved by Council January 27, 2015 Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) to ro A N N N O N N N O N N VI m o 0 0 m dP ew oN do oN oW 0 0 o m m m o r r r r 0 0 0 0 0 0 O N O m m m O N N N N N o m m ry N ry m ry r r r 0 0 0 0 0 0 O N O N N N N N r r r m a r r r r m In .n vi N ry N ry C o o m m C 0 0 0 0 0 0 0 0 o O o O o O o 0 0 0 0 0 0 0 0 C � a m m m m pW N U 5 � Nroq ro � W a u p u q y m E u A ro A N N N O N N N O N N VI m o 0 0 m dP dP de rM ao dP xo o O o o N N N o O O O O o O O O O O N N N UO O N 1l1 VI fl mw ri O ry 'i o o n r n b m o 0 0 0 0 VI N m N Ol O1 01 'N Ayy �0ro � H � qF C m p N YI VI Ili N VI p m N N N rl rl N ri b b b b R O b N o o m m m II1 N m O VI VI N n rl 'i N N N p m p r r r ti .mi ti N .mi r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o vl ul N N m m m m N N N N q O o .N ro N ro u N N N o a d q C N �y o b H 0 H UO w > Ny fl mw C O O W ✓ 6 o 0 N m N W.i 33 M 0 0 P H q 'N Ayy �0ro � H � qF U pWp px��xyuJ FNroH SU rL F W Ww b R O A ro N ro N N N N b l0 b �y o b H 0 H o ro H U m A IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for SOUTHERN IDAHO ELECTRIC. 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INCORPORATED business filings ] SOUTHERN IDAHO ELECTRIC, INCORPORATED PO BOX 182 MELBA, ID 83641 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 05 Nov 2014 State of Origin: IDAHO Date of 02 Jan 2003 Origination/Authorization: Initial Registered Agent: LEE VANSCHOIACK 3488 LITTLE FOOT LN MELBA, ID 83641 Organizational ID / Filing C146963 Number: Number of Authorized 100 Stock Shares: Date of Last Annual 17 Nov 2014 Report: Original Filing: [ Help Me Print/View TIFF ] Filed 02 ]an 2003 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online 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 Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 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/C146963.htmi 12/22/2014 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2005 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) Report for year 2005 UNDELIVERABLE View Image (PDF format) View Image (TIFF format) Report for year 2004 ANNUAL View Image (PDF format) View Image REPORT (TIFF format) Idaho Secretary of State's Main Paae State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(a)sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C146963.htmi 12/22/2014 . Ic & CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYrf) `� 1/19/2015 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 pollcy(les) must be endowed. 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 endoreemen PRODUCERTAME, Alyahia Gamble Post Insurance Services, Inc.K V'ONE (208)336-5600.(208)344-0651 TAIL 2717 W. Bannock St. JAN 2 1 2615 -M1UPRESS: agamblagpostins. cm P.O. BOX 8447 INSUR 8 AFFORDING COVERAGE NAICN Hoke ID 83707 FINAKIA-C &lP 'SrAuuaue Acuifv. A tAlf-.nal Tnanrannu Pn hA1QA Southern Idaho Electric Inc 3488 Hwy 45 UVVCMURUca GeK11HIGATL NUMHERr14 — 15 Pao a0a OPVIS1f1M MIIMOP0. 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. NTR TYPE OF INSURANCE au POLICY NUMBER POUCYEFF POLI ERP UNITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 S 300,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X Y K89871 /1/2014 /1/2015 MEDEXP n one 5 10,000 X CG73011 CG7194 PERSONAL&ADV INJURY $ 1,000,000 X CG7274 GENERAL AGGREGATE 5 2,000,000 GEN -L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG $ 2,000,000 X POLICY RO- LOC PIMT 5 A AUTOMOBILE LIABILITY X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED - - 89871 /3/2014 - /1/2015 COMBINED SINGUE LIMIT IER I 11000,000 BODILY INJURY(Pmpe=n) S BODILY INJURY IParexMMl) S PROPERTY DE S S X UMBRELLA LIAR OCCUR EACH OCCURRENCE S 1,000,000 A EXCESS UAB CLAIMS -MADE AGGREGATE 5 DED I I RETENTIONS $ 89871 /1/2014 /3/2015 B WORKERS COMPENSATION MCS A U- OTH- AND EMPLOYERV UABIUTY ANY PROPRIETORIPARTNERAF ECUTIVE YIN OFFICERIMEMBER EXCLUDED] NIA 79455 0/01/2014 0/01/2015 E.L EACH ACCIDEM 1 f ODO 000 E.L. DISEASE - EA EMPLOYEE f 11000,000 (Mend4lory In NH) Ifyyea, Mailhe=Rir DESCRIPTT N OF OPERATIONS OMox E.L. DISEASE -POLICY UMn S 11000.00 A Inland Marine 89871 /1/2014 /1/2015 3500 DwydNe $ 2,500 DESCRIPTION OF OPERATIONS ILOCATIONG I VEHICLES JAftch ACORD 101, Additional Ramrtb Bdndule, N mon@paw h nqulnd) RE: WMP Aeration Basin Control Improvement City of Meridian Purchasing Department 33 E Broadway Ave., Ste 106 Meridian, ID 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. Gamble/AG 0_4' - ®1888.2010 ACORD CORPORATION. All riahts reserved. Nauza I2lHImAI nt The arnon name and Innn am roM.fta d martra nF Annan ACUITY ENHANCEMENTS - GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Extended Non -Owned Watercraft Exclusion g Exception (2)(a) of Coverage A - Bodlly Injury and Property Damage Liability is replaced by the following: (a) Less than 51 feet long; and B. Increased Bail Bond Amount The limit shown in paragraph lb of Supplemen- tary Payments - Coverages A and B Is In- creased to $1,000. C. Increased Reasonable Expenses Incurred by the Insured The limit shown in paragraph 1d of Supplemen- tary Payments - Coverages A and B is in- creased to $350. D. Newly Acquired Organizations Item 3a of Section 11 - Who Is An Insured is replaced by the following: a. Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; E. Tenants Legal Liability Paragraphs (1), (3) and (4) of the Damage to Property Exclusion under Section I - Coverages do not apply to property damage (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a period of 8 or more consecutive days. The most we will pay under this coverage for damages because of property damage to any one premises is $10,000. A $250 deductible applies. F. Knowledge of Claim or Suit The following is added to paragraph 2, Duties in the Event of Occurrence, Offense, Claim or Suit of Section IV - Commercial General Liabil- ity Conditions: Knowledge of an occurrence, claim or suit by your agent, servant or employee shall not in itself constitute knowledge of the Named In- sured unless an officer of the Named Insured has received such notice from the agent, ser- vant or employee. G. Unintentional Failure to Disclose Hazard The following Is added to the Representations Condition under Section IV - Commercial Gen- eral Liability Conditions: Based on our dependence upon your repre- sentations as to existing hazards, if unintention- ally you should fail to disclose all such hazards CG -7301(4-08) at the inception date of your policy, we will not reject coverage under this policy based solely on such failure. H. Waiver of Subrogation for Written Contracts The following is added to the Transfer of Rights of Recovery Against Others to Us Condition under Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or or- ganization and included in the products -com- pleted operations hazard. The waiver applies only to a person or organization with whom you have a written contract or agreement in which you are required to waive rights of recovery under this policy. Such contract or agreement must have been executed prior to the occur- rence causing Injury or damage. I. Liberalization The following is added to Section IV - Commer- cial General Liability Conditions: If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. J. Broadened Bodily Injury The Definition of Bodily Injury Is amended to Include mental anguish. K. Electronic Data Liability (wngnued next page) 1. The following paragraph is added to Section III - Limits of Insurance: Subject to paragraph 5 above, $10,000 is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occur- rence. 2. The following definition Is added to Section V - Definitions: Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and application software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the defi- nition of 'property damage" In Section V - Definilions Is replaced by the following: "Property damage" means: a. Physical injury to tangible property, in- (2) The act, error or omission, did not cluding all resulting loss of use of that take place before the original in - property. All such loss of use shall be ception date of this coverage nor deemed to occur at the time of the after the end of the policy period; physical injury that caused it; and b. Loss of use of tangible property that is (3) A claim for damages, because of not physically Injured. All such loss of an act, error or omission, is first use shall be deemed to occur at the time made against any insured, in ac - of the occurrence that caused It; or cordance with paragraph c below, c. Loss of electronic data. Loss of elec- during the policy period or an Ex- tronic data means loss of, loss of use tended Reporting Period we pro- of, damage to, corruption of, inability to vide under paragraph 7 of this cov- access, or inability to properly manipu- erage. late such data resulting from physical C. A claim seeking damages will be injury to tangible property. All such loss deemed to have been made at the ear - of electronic data shall be deemed to Iler of the following times: occur at the time of the occurrence that (1) When notice of such claim is re - caused it. ceived and recorded by any in - For the purposes of this coverage, elec- sured or by us, whichever comes tronic data is not tangible property. first; or L. Employee Benefits Liability Coverage (2) When we make settlement in ac- t. The following is added to Section I - Cov- cordance with paragraph a above. erages: A claim received and recorded by the Insuring Agreement insured within 60 days after the end of a. We will pay those sums that the in- the policy period will be considered to have been received within the policy sured becomes legally obligated to pay period, if no subsequent policy is avail - as damages because of any act, error able to cover the claim. or omission, of the insured, or of any other person for whose acts the insured d. All claims for damages made by an Is legally liable, to which this coverage employee because of any act, error or applies. We will have the right and duty omission, or a series of related acts, to defend the Insured against any suit errors or omissions, including damages seeking those damages. However, we claimed by such employee's depen- will have no duty to defend the insured dents and beneficiaries, will be deemed against any suit seeking damages to to have been made at the time the first which this coverage does not apply. We of those claims is made against any may, at our discretion, Investigate any Insured. report of an act, error or omission and Exclusions settle any claim or suit that may result. This coverage does not apply to: But: (1) The amount we will pay for dam- a. Dishonest, Fraudulent, Criminal Or Malicious Act ages Is limited as described in paragraph 5 of this coverage; and Damages arising out of any Intentional, (2) Our right and duty to defend ends dishonest, fraudulent, criminal or mali- when we have used up the applica- dous act, error or omission, committed ble limit of Insurance in the payment by any insured, including the willful or of judgments or settlements. reckless violation of any statute. No other obligation or liability topay b. Bodily Injury, Property Damage, Or sums or perform acts or services is Personal And Advertising Injury covered unless explicitly provided for Bodily Injury, property damage or per - under Supplementary Payments. sonal and advertising Injury. b. This coverage applies to damages only c. Failure To Perform A Contract If: Damages arising out of failure of perfor- (1) The act, error or omission, is negli- mance of contract by any Insurer. gently committed in the administra- d. Insufficiency Of Funds tion of your employee benefit pro Damages arising out of an insufficiency green' of funds to meet any obligations under (wngnued next page) any plan Included in the employee benefit program. e. Inadequacy Of Performance Of In- vestmentlAdvice Given With Respect To Participation Any claim based upon: (1) Failure of any investment to per- form; (2) Errors In providing information on past performance of investment ve- hicles; or (3) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included In the employee benefit program. f. Workers' Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unem- ployment compensation Insurance, so- cial security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability Imposed on a fidu- ciary by the Employee Retirement In- come Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available, with rea- sonable effort and cooperation of the Insured, from the applicable funds ac- crued or other collectible insurance. 1. Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under the Internal Rev- enue Code or any similar state or local law. j. Employment -Related Practices Damages arising out of wrongful ter- mination of employment, discrimination, or other employment-related practices. 2. For the purposes of the coverage provided: a. All references to Supplementary Pay- ments - Coverages A and B are re- placed by Supplementary Payments - Coverages A, B and Employee Benefits Liability. b. Paragraphs 1 b and 2 of the Supple- mentary Payments provision do not ap- ply. (continued next page) 3. For the purposes of the coverage provided, paragraphs 2 and 3 of Section II - Who Is An Insured are replaced by the following: 2. Each of the following is also an insured: a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons, organizations or em- ployees having proper temporary authorization to administer your employee benefit program if you die, but only until your legal repre- sentative is appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this coverage. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority Interest, will qualify as a Named Insured If no other similar insur- ance applies to that organization. How- ever. a. Coverage under this provision is af- forded only until the 90th day after you acquire or form the organiza- tion or the end of the policy period, whichever is earlier. b. Coverage under this provision does not apply to any act, error or omis- sion that was committed before you acquired or formed the organiza- tion. 4. For the purposes of the coverage provided, Section III - Limits Of Insurance is replaced by the following: Limits Of Insurance a. The Limits of Insurance shown in d be- low and the rules below fix the most we will pay regardless of the number of. (1) Insureds; (2) Claims made or suits brought; (3) Persons or organizations making claims or bringing suits, (4) Acts, errors or omissions; or (5) Benefits included In your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts, errors or omissions negligently commit- ted in the administration of your em- ployee benefit program. c. Subject to the Aggregate Limit, the Each Employee Limit is the most we deductible amount to effect settlement will pay for all damages sustained by of any claim or suit and, upon notifica- any one employee, including damages tion of the action taken, you shall prom- sustained by such employee's depen- ptly reimburse us for such part of the dents and beneficiaries, as a result of: deductible amount as we have paid. (1) An act, error or omission; or e. Deductible (2) A series of related acts, errors or Each Employee Deductible: $1,000 omissions 5. For the purposes of the coverage provided, negligently committed in the administra- Conditions 2 and 4 of Section IV - Con- tion of your employee benefit program. ditions are replaced by the following: However, the amount paid under this 2. Duties In The Event Of An Act, Error coverage shall not exceed, and will be Or Omission, Or Claim Or Suit subject to, the limits and restrictions a. You must see to 11 that we are that apply to the payment of benefits in notified as soon as practicable of any plan included in the employee benefit program. an act, error or omission which may result in a claim. To the extent d. Limits of Insurance possible, notice should include: Each Employee Limit: $250,000 (1) What the act, error or omis- Aggregate Limit: $250,000 sion was and when It oc- The Limits Insurance of this coverage curred; and apply separately to each consecutive an- (2) The names and addresses ofan period and to any remaining period of one who may suffer dam- l less less than 12 months, starling with the be- ages as a result of the act, ginning of the policy period shown In the error or omission. Declarations of the policy to which this cov- b. If a claim is made or suit is brought erage is attached, unless the policy period against any insured, you must: is extended after issuance for an additional (1) Immediately record the speclf- period of less than 12 months. In that case, ics of the claim or suit and the the additional period will be deemed part of _ date received; and the last preceding period for purposes of determining the Limits Of Insurance. (2) Notify us as soon as practice- Deductible ble. a. Our obligation to pay damages on be- c. You and any other Involved insured half of the insured applies only to the must: amount of damages in excess of the (1) Immediately send us copies of deductible amount stated in a below as any demands, notices, sum- applicable to Each Employee. The limits monses or legal papers re- of insurance shall not be reduced by ceived In connection with the the amount of this deductible. claim or suit; b. The deductible amount stated in a be- (2) Authorize us to obtain records low applies to all damages sustained by and other information; any one employee, including such em- (3) Cooperate with us in the in- ployee's dependents and beneficiaries, vestigation or settlement of because of all acts, errors or omissions the claim or defense against to which this coverage applies. the suit, and c. The terms of this coverage, including (4) Assist us, upon our request, In those with respect to: the enforcement of any right (1) Our right and duty to defend any against any person or organi- suits seeking those damages; and zation which may be liable to (2) Your duties, and the duties of any the insured because of an act, other involved insured, in the event error or omission to which this of an act, error or omission, or coverage may also apply. claim d. No Insured will, except at that in- apply irrespective of the application of sured's own cost, voluntarily make the deductible amount. a payment, assume any obligation or incur any expense without our d. We may pay any part or all of the consent. (wnrnued next page) e. The requirements to notify us can in this Excess Insurance provi- be satisfied by notifying our agent. slon and was not bought ape- Notice can be by any means of cifically to apply in excess of communication. the Limits of Insurance shown 4. Other Insurance in paragraph 5d of this cov- If other valid and collectible a insurance erage. is available to the Insuredredfor a loss we c. Method Of Sharing 9 cover under this coverage, our obliga- If all of the other Insurance permits tions are limited as follows: contribution by equal shares, we a. Primary Insurance will follow this method also. Under This coverage is primary except this approach each insurer contri- butes equal amounts until it has when paragraph b below applies. If paid its applicable Limit of Insur- this coverage is primary, our ob- ance or none of the loss remains, ligations are not affected unless whichever comes first. any of the other insurance is also primary. Then, we will share with y of If an of the other insurance does all that other Insurance by the not contribution b equal b method described in paragraph c shares, we will contribute Y lits. below, Under this method, each insurer's b. Excess Insurance share is based on the ratio of its applicable Limits of Insurance to (1) This coverage Is excess over the total applicable Limits of Insur- any of the other insurance, ance of all insurers. whether primary, excess, con- 6. For the purposes of the coverage provided, tingent or on any other basis the following Extended Reporting Period that is effective prior to the provisions are added, or, if this coverage is beginning of the policy period attached to a claims-made Coverage Part, shown In the Declarations of replaces any similar Section In that Cov- this insurance and that applies erage Part: act, error or omission on of otherer than aclaims-made ba- EXTENDED REPORTING PERIOD sis, If the other insurance has a. You will have the right to purchase an a policy period which confin- Extended Reporting Period, as de- ues after the original inception scribed below, If date of this coverage. (1) This coverage Is canceled or not (2) When this coverage Is excess, renewed; or we will have no duty to defend (2) We renew or replace this coverage the insured against any suit if with insurance that: any other insurer has a duty to defend the Insured against (a) Has an inception date later that suit. If no other insurer than the original inception defends, we will undertake to date of this coverage; or do so, but we will be entitled (b) Does not apply to an act, er- to the Insured's rights against ror or omission on a claims- all those other insurers. made basis. (3) When this coverage is excess b. The Extended Reporting Period does over other Insurance, we will not extend the policy period or change pay only our share of the the scope of coverage provided. It ap- amount of the loss, If any, that plies only to claims for acts, errors or exceeds the sum of the total omissions that were first committed be- amount that all such other in- fore the end of the policy period but not surance would pay for the loss before the original inception date of this in absence of this coverage; coverage. Once in effect, the Extended and the total of all deductible Reporting Period may not be canceled. and self-insured amounts un- der all that other insurance. c. An Extended Reporting Period of five years is available, but only by an en- (4) We will share the remaining dorsement and for an extra charge. loss, if any, with any other in- in- surance that is not described You must give us a written request for the endorsement within 60 days after (mnllnued next page) the end of the policy period. The Ex- tended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional pre- mium in accordance with our rules and rates. In doing so, we may take into account the following: (1) The employee benefit programs in- sured; (2) Previous types and amounts of in- surance; (3) Limits of insurance available under this coverage for future payment of damages; and (4) Other related factors. The additional premium will not exceed $100. The Extended Reporting Period en- dorsement applicable to this coverage shall set forth the terms, not inconsis- tent with this Section, applicable to the Extended Reporting Period, including a provision to the effect that the coverage afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Ex- tended Reporting Period starts. d. If the Extended Reporting Period is In effect, we will provide an extended re- porting period aggregate limit of insur- ance described below, but only for claims first received and recorded dur- ing the Extended Reporting Period. The extended reporting period aggreg- gate limit of insurance will be equal to the dollar amount shown in paragraph 5d of this coverage under Limits of In- surance. Paragraph 5b of this coverage will be amended accordingly. The Each Em- ployee Limit shown in paragraph 5d will then continue to apply as set forth in paragraph 5c. For the purposes of the coverage provided, the following definitions are added to the Definitions Section: a. 'Administration" means: (1) Providing information to employees, Including their dependents and beneficiaries, with respect to eligi- bility for or scope of employee benefit programs, (2) Handling records in connection with the employee benefit program, or (wngnued next page) (3) Effecting, continuing or terminating any employee's participation in any benefit included in the employee benefit program. However, administration does not In - dude handling payroll deductions. b. "Cafeteria plans" means plans autho- rized by applicable law to allow employ- ees to elect to pay for certain benefits with pre-tax dollars. c. "Claim" means any demand, or suit, made by an employee or an employ- ee's dependents and beneficiaries, for damages as the result of an act, error or omission. d. Employee benefit program" means a program providing some or all of the following benefits to employees, wheth- er provided through a cafeteria plan or otherwise: (1) Group life insurance; group acci- dent or health insurance; dental, vi- sion and hearing plans; and flexible spending accounts; provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan's eligibility require- ments; (2) Profit sharing plans, employee sav- ings plans, employee stock owner- ship plans, pension plans and stock subscription plans, provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits; (3) Unemployment insurance, social security benefits, workers' compen- sation and disability benefits; (4) Vacation plans, including buy and sell programs; leave of absence programs, including military, mater- nity, family, and civil leave; tuition assistance plans; transportation and health club subsidies; and (5) Any other similar benefits added thereto by endorsement. 8. For the purposes of the coverage provided, the following Definitions in the Definitions Section are replaced by the following: a. Employee" means a person actively employed, formerly employed, on leave of absence or disabled, or refired. Em- ployee includes a leased worker. Em- ployee does not include a temporary worker. b. "Suit' means a civil proceeding in which damages because of an act, error or omission to which this coverage applies are alleged. Suit includes: (1) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or (2) Any other altemative dispute reso- lution proceeding In which such damages are claimed and to which the insured submits with our con- sent. M. Voluntary Property Damage 1. With respect to the Insurance provided un- der this coverage, paragraph 2 Exclusions of Coverage A - Bodily Injury and Property Damage Liability under Section I - Cov- erages is modified as followed: a. Exclusion 2j(4) is replaced by the fol- lowing: (4) Personal property of others: (a) Held by the insured for servic- Ing, repair, storage or sale at premises owned, occupied or rented to the insured. (b) Caused by the ownership, maintenance, use, loading or unloading of any auto, water- craft or transportation of prop- erty by any means. b. Exclusion 2j(5) is deleted. 2. The insurance provided by this coverage is subject to the following provisions: a. We will pay for property damage at your request even if you are not legally liable, If it is otherwise subject to this coverage. b. Property damage does not include loss of use if personal property of others is not physically injured. c. Limits The most we will pay for an occurrence under this coverage is $2,500. The most we will pay for the sum of all amounts paid under this coverage is an aggregate of $2,500. The General Aggregate Limit and Each Occurrence Limit under Section III - Limits of Insurance do not apply to the insurance provided under this coverage. d. Settlement If you make any repairs to damaged property, at our request, we will pay the larger of your actual cost or 75% of your usual charge for the necessary la- bor and materials. Any property paid for or replaced by us may become our property at our option. Any payment made under this coverage shall not be interpreted as an admission of liability by the insured or the company. e. Deductible Our obligation to pay for a covered loss applies only to the amount of loss in excess of $200. I. Other Insurance The insurance provided by this cover- age is excess over any other insurance carried by the insured which applies to a loss covered by this coverage. N. Increased Limits of Insurance 1. The General Aggregate Limit is increased to three times the Each Occurrence Limit. 2. The Products -Completed Operations Aggre- gate Limit is increased to three times the Each Occurrence Limit. 3. The Damage To Premises Rented To You Limit is increased to $250,000. 4. The Medical Expense Limit is increased to $10,000. The Limits of Insurance shown here do not replace and are not in addition to the Limits of Insurance shown in the Declarations. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTO- CG -7194(543) MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under This Insurance does not apply to: the following: a. Bodily injury, property damage or personal COMMERCIAL GENERAL LIABILITY COVERAGE PART and advertising Injury arising out of the ren- t. Section II - Who Is An Insured is amended to daring of, or the failure to render, any pro - Include as an additional insured: fessional architectural, engineering or sur- a. Any person or organization for whom you veying services, Including: are performing operations when you and (1) The preparing, approving or failing to such person or organization have agreed in prepare or approve maps, shop writing in a contract or agreement that such drawings, opinions, reports, surveys, person or organization be added as add!- field orders, change orders or drawings tional insured on your policy; and and specifications; or b. Any other person or organization you are (2) Supervisory, inspection, architectural or required to add as an additional insured engineering activities. under the contract or agreement described b. Bodily injury or property damage occurring in paragraph a above. after: Such person or organization is an additional (1) All work, Including materials, parts or insured only with respect to liability for bodily equipment furnished in connection with injury, property damage or personal and ad- such work, on the project (other than vertising Injury caused, in whole or in part, by: service, maintenance or repairs) to be a. Your acts or omissions; or performed by or on behalf of the addi- b. The acts or omissions of those acting on tional Insured(s) at the location of the your behalf; covered operations has been complet- ed; or in the performance of your ongoing operations for the additional insured. (2) That porton of your work out of which the Injury or damage arises has been A person's or organization's status as an addi- put to its intended use by any person tional insured under this endorsement ends or organization other than another con. when your operations for that additional Insured tractor or subcontractor engaged in per - are completed. forming operations for a principal as a 2. With respect to the insurance afforded to these part of the same project. additional insureds, the following additional ex- 3. The insurance provided by this endorsement Is clusions apply: primary and noncontributory. ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY CG -7274(543) AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section II - Who Is An Insured is amended to include as an additional Insured: a. Any person(s) or organization(s) for whom you have performed operations if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your poli- cy for completed operations; and b. Any other person(s) or organization(s) you are required to add as an additional Insured under the contract or agreement described In paragraph a above. Such person or organization is an additional insured only with respect to liability included in the products -completed operations hazard for bodily injury or property damage caused, in whole or in part, by your work performed for that additional Insured at the location desig- nated and described in the contract or agree- ment. 2. This insurance does not apply to a. Bodily injury or property damage which oc- curs prior to the execution of the contract or agreement described in item 1; or b. Bodily injury or property damage that oc- curs after the time period during which the contract or agreement described in item 1 requires you to add such person or or- ganization onto your policy as an additional insured for completed operations; or c. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional, architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve maps, shops drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 3. The insurance provided by this endorsement is primary and noncontributory. CHASURETY Performance BoRE C E I V E Bond No. 716251 IA\1 w CONTRACTOR: imm z 1 (Name, legal status and addr fl NA N CE Southern Idaho Electric, Inc. 3488 C Hwy 45 Melba, ID. 83641 OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: January 14, 2015 Amount: $163,834.86 2015 SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and principal place jq DEPT of business) Description: (Name and location) W WTP Aeration Basin Control Improvements BOND Date: January 20, 2015 (Not earlier than Construction Contract Date) Amount: $163,834.86 Modifications to this Bond: ® None 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Southern Idaho Electric, Inc. Western Surety Comp. Signature: Signature: Name i Name Mary Jaquler and Title: 17AWi> 6'-'T and Title: Altomey-In-Fact (Any additional signatures appear on the last page of this Performance Bond.) 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. AIA Document A312-201 0 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Post Insurance (Architect, Engineer or other party:) P.O Box 8447 Boise, ID 83707 (Corporate Seal) Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition, § 1 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 obligation 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 (6) business days after receipt of the 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; § 6.3 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 6 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 6.4, 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. Printed In cooperation with the American Institute of Architects (AIA). The language In this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. §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 6; 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, 6.3 or 6.4, the Surety's liability is limited to the amount of this Bond. § 8 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. Printed in cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, 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 CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Printed In cooperation with the American Institute of Architects (AIA). The language In this document conforms exactly to the language used in AIA Document A312 - Performance Bond - 2010 Edition. 4 CNASURETY Payment Bond Bond No. 71625147 CONTRACTOR: SURETY: Western Surety Company: South Dakota Corporation (Name, legal status and address) (Name, legal status and principal place Southern Idaho Electric, Inc. of business) 3488 C Hwy 45 Melba, ID 83641 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 This document has important legal consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to Its completion or City of Meridian modification. 33 East Broadway Avenue Any singular reference to Meridian, ID 83642 Contractor, Surety, Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT AIA Document A312.2010 Date: January 14, 2015 combines two separate bonds, a Performance Bond and a Amount: $163,834.86 Payment Bond, into one form. This Is not a single combined Description: Performance and Payment Bond. (Name and location) WWTP Aeration Basin Control Improvements BOND Date: January 20, 2015 (Not earlier than Construction Contract Date) Amount: $163,834.86 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate �S Southern Idaho Electric, Inc. Western Surety Company Signature: Signature: Name Name Mary Jaqu er and Title: pd+an and Title: Attorney -In -Fac (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Post Insurance (Architect, Engineer or other party:) P.O Box 8447 Boise, ID 83707 Printed In cooperation with the 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 suite 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). 56 If a notice of non-payment required by Section 6.1.1 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 6.1.1. § 7 When a Claimant has satisfied the conditions of Sections 6.1 or 6.2, 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. Printed In cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used In AIA Document A312 - Payment Bond - 2010 Edition. § 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 6.1.2 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. Printed In cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used In AIA Document A312 - Payment Bond - 2010 Edition. § 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 added parties, 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 CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Printed In cooperation with the American Institute of Architects (AIA). The language in this document conforms exactly to the language used In AIA Document A312 - Payment Bond - 2010 Edition. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William F Post, Mary Jaquier, Terry S Robb, Individually of Boise, rD, its true and lawful Atiomey(s)-In-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it (hereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this Sth day of May, 2014. WESTERN SURETY COMPANY //_Fr\y z �J� py/P 4'Mupts� aul T. Bmflat, Vice President Smle of South Dakota l J? ss County of Minnehaha On Ibis Sth day of May, 2014, before me personally came Paul T. BruBai, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the sent of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires iOHR +++++^^++++•+"+`++++'e^+ June 23, 2015 aI EA raiir. VUOLIe //�(� ✓/��y/�� ,, �/� /1 SOUTR J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 20 day of January , 2 01 5 A^vy �^o ;•�Y z WESTERN SURETY COM PANY,(1-It-694c, C 1, \y " "" Form F4290-7-2012 L. Nelson, Assistant Secretary Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: APPROVAL OF TASK ORDER 10417.J Approval of Task Order 10417.j to DC Engineering for the "MERIDIAN SCADA COMMUNICATIONS" Project for the Not -To -Exceed Amount of $52,400.00 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: Kathy Wanner, Buyer CC: Jacy Jones, Clint Worthington Date: 1-22-2015 Re: January 27'" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 27th City Council Consent Agenda for Council's consideration. Recommended Council Action: Award of Task Order 10417.J to DC Engineering for the Not -To -Exceed amount of $52,400.00. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/13/2015 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3400 GLAccount: 94300 Project# 10417.j Construction: PSA: Task Order: x Project Name: Meridian SCADA Communications Project Project Manager: Clint Worthington Department Representative: Contractor/Consultant/Design Engineer: DC Engineering Budget Available (Attach Report): yes Contract Amount: $52,400.00 Will the project cross fiscal years? Yes No n Budget Information: FY Budget: FY15 Enhancement #: Grant #: Other: Type of Grant: %CONTRACTCHI=CKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement x (Bid Results Attached) (Ratings Attached) (Category) 7a Typical Award Yes No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# na Corporation Status Insurance Certificates Received (Date): na Date Award Posted: na Current? (attach print out) na Goodstanding October 22, 2014 Rating: Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST btasement or KeVenuea ono espenaitures - Kev ane txp Keport - Katny 3400 - Water - Admin - 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 94300 Capital - Electronics 0000 NON -DEPARTMENTAL 0.00 11,484.76 (11,484. Tfi) 0,00% 10157h.SCAOA Radio Frequency 0.00 3,595.00 (3,595.00) 0.004 Engineering SCADA Project 10417 Controls Engineering, 0.00 299,25 (299.25) 0,004 Programming and Startup - SCADA 10417.e.SCAO Wall 11, 17 and 25 Control 0.00 22,000.00 (22,000.00) 0.00% System Upgrades - Programming 10417.f,$CAD Landing Lift Station 0-00 119,900.00 (119,900.00) 0.009 Upgrades TO 10417f.D 10417.9.$CAD Meridian Water 0.00 61690.00 (41490.00) 0,00% Communications Configuration Project 10417, P_SCAD Controls Eng grog a 0.00 2,172,60 (2,172,50) 0.00% Startup Wells 9 21 F 22 Task Ord 10917.4 10417f.SCADA Well 11, 17 and 25 Control 0.00 72.00 (72,00) 0.00% System Upgrades - Construction Carryforward Carryforward 356,476.96 0.00 344,674.96 100.00! SCADA SCADA 521.699,96 20.966.00 500,733.96 95.984 Total Capital Outlay 878,376,92 187 181.51 691.194.41 78.69% DEPT EXPENDITURES 878,374.92 167,iel.51 691,195.41 75.69% TOTAL EXPZ14DI•TURES WITH 876,876.92 187,181.51 691,195.41 78.69% TRANSFERS TASK ORDER NO. 10417.j Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (CITY) AND DC ENGINEERING (ENGINEER) This Task Order is made this day of an r t , 2015 and entered into by and between the City of Meridian, a municipal corporation organized nder the laws of the State of Idaho, hereinafter referred to as "City", and accepted by DC ENGINEERING, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 7A) between the above mentioned parties dated September 18, 2012. The Project Name for this Task Order 10417.j is as follows: CITY OF MERIDIAN MERIDIAN SCADA COMMUNICATIONS PROJECT PROJECT UNDERSTANDING To provide configuration and commissioning of the radio communication system for the water and waste water division. SCOPE OF SERVICES Task 1 - Communication Path Study (Software) • Develop short term (sites 25 on line within 12 months) wireless plan • Develop long term hybrid plan Task 2 - Site Verification • Verify existing communication equipment installation o Check antenna mounting and condition o Test antenna cable integrity • Verify path study findings and revise plans as required Task Order 10417.j Meridian Scada Communications Project Page 1 of 3 DC ENGINEERING Task 3 - Short Term Wireless Plan Implementation • Program radios as required • Install (up to 5) new base stations as required o Antenna, cable and mounting hardware $900 o Radio, radio programming and installation $2100 Task 4 - Short Term Wireless Plan Implementation Report While preparing our scope of services and fee estimate, we have made the following assumptions: • Repeater stations will be located at city owned facilities • There will be no more than 5 repeater stations • Upgrades or repair work required at remote sites identified during Task 2 will invoiced separately. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by January 2015 and resulting in Final Testing services being completed by May 2015. A NTP issued on a different date will change the schedule accordingly. The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10417.] is fifty two thousand four hundred dollars ($52,400.00). No compensation will be paid over the Not - to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10417.] Meridian Scada Communications Project Page 2 of 3 DC ENGINEERING COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Communication Path Study 2-27-2015 $8,800 2 Site Verification 3-13-2015 $14,000 3 Short Term Wireless Plan Implementation 5-2-2015 $26,000 4 Short Term Wireless Plan Implementation Reports 5-22-2015 $3,600 TASK ORDER TOTAL $52,400 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10417.] is fifty two thousand four hundred dollars ($52,400.00). No compensation will be paid over the Not - to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Task Order 10417.] Meridian Scada Communications Project Page 2 of 3 DC ENGINEERING Signature Page Task Order 10417.j — Meridian SCADA Communications Project DC Engineering CITY OF MERIDIAN BY: TAMMYcl MAYOR Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing Appr all BY: KEITH--VVAW 8, PLkwrrasing Manager City Project Manager Clint Worthinaton Task Order 10417.] Meridian Scada Communications Project DC ENGINEERING DC ENGINEERING BY: C-- 2 Dated: Depa I� BY: WARREN SWART, Engineering Manager // Dated: 2--Y/ 5 Page 3 of 3 Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF SOLE SOURCE Approval of Evergreen Sole Source Purchase for VAUGHAN Products from Wm. H Reilly Company 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 Wafts, Purchasing Manager CC: Jacy Jones, Tracy Crane Date: 1/27/15 Re: January 27 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 27th City Council Consent Agenda for Council's consideration. Approval of Evergreen Sole Source Purchase for Vaughan Equipment and Related Components from Wm. H Reilly. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper 14 days prior to purchase and authorize the Purchasing Manager to issue purchase orders and/or contracts for products as needed. Thank you for your consideration. 0 Page 1 CSE I . j IDitHO CITY OF MERIDIAN SOLE SOURCE FORM Date: January 22, 2015 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: Vaughan Equipment and related components - Perpetual ❑ Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The City of Meridian is in the process of upgrading and standardizing lift stations. Most lift stations will require SCADA, communications and equipment upgrades to align with the City specification for lift stations. The Vaughan pumps fit directly on the existing rail system at lift stations, which will eliminate the need for substantial engineering, plumbing, and additional equipment that would need to be purchased to allow alternate brands of pumps to be considered for this application. The compatibility of equipment and components, accessories, computer software and replacement parts are of paramount consideration since this product needs to interface directly with the plumbing and programming already in place in lift stations. Additionally, the City currently has Vaughan pumps installed and compatibility and standardization of the lift station pumps is essential to reduce the amount of spare parts needed on hand for repairs and preventative maintenance. WM. H. Reilly is an exclusive distributor of Vaughan products in Southern Idaho and Utah. Distributors are not permitted to sell outside of their manufacture designated areas and boundaries. Therefore a competitive solicitation is impractical, disadvantageous and unreasonable under the circumstances. *Please see attached the attached letter from Vaughan Company which verifies the sole source designation. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Laurelei McVe NAME �-- Department Marjager Signature Council Approval Date: J Purchasing Approval: Pgl�' asing4anager & aughan Company, Inc, Tony Bernard Maintenance Supervisor City of Meridian Wastewater Department Meridian, Idaho This is to confirm that WH Reilly Company, with Cory Firzlaff and the sole source, exclusive municipal distributor for Vaughan products in Southern Idaho, and Utah. If there are any questions or concerns with this, please do not hesitate to contact me. Thank you iy i Mike Donnelly Region Manager Vaughan Company Office 1-360-249-4042 ext 403 Cell 1-360-561-0279 Vaughan Co., Inc. 1 364 Monte-Elma Road I Montesano, WA. USA 98563 Phone 360-249-4042 1 Fax 360-249-6155 Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: APPROVAL OF PURCHASE Approval of purchase of SCBA's and related equipment from Municipal Emergency Services for the Not -To -Exceed amount of $88,700.00. MEETING NOTES UIV 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, Mark Niemeyer Date: 1-23-2015 Re: January 27, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 27" City Council Consent Agenda for Council's consideration. Approval of purchase of SCBA's and related eguigment from Municipal Emergency Services(MES) for the Not -To -Exceed amount of $88.700.00. Recommended Council Action: Approval of purchase of SCBA's and related equipment from MES for the Not -To -Exceed amount of $88,700.00, and authorize the Purchase Manager to sign the Purchase Order #1"215. This purchase is being made from the Parma Rural Fire Protection District RFP and resulting Quote which has been competitively solicited. Thank you for your consideration 0 Page 1 SE '! )�* CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208)888-4433 Vendor Address: MUNICIPAL EMERGENCY SVCS DEPOSITORY ACCOUNT 75 REMITTANCE DR, STE 3135 CHICAGO, IL60675 Description SCBA's & Equipment Purchasing Manager: Special Instructions Purchase Order 1/23/2015 Attention: David Jones Billing Attn: Finance 33 E Broadway Ave Address: Meridian, ID 83642 Shipping City of Meridian Fire Dept. Address: 33 E. Broadway Ave, Ste. 210 Meridian, ID 83642 Shipping Method: FOB: Unit I Quantity 88700.00 Contractor Destination Pre -Paid I Unit Price 1.00 Purchase Order Total: 15-0215 Total 88,700.00 $88,700.00 SCBA's and Equipment per Parma Rural Fire Protection District RFP and Meridian Quote #QT_00312047-5 for the Not -To -Exceed amount of $88,700.00. 01-2210-94400. PO approved by Council 1/27/15. P.O. Box 429 Parma, Idaho 83660 November 19, 2014 Dave Mooney Municipal Emergency Services, Inc Regional Vice President 3801 Fruit Valley Road Suite C Vancouver, WA 98660 Dear Dave, Thank you for submitting a proposal for the Parma Rural Fire Protection District's FEMA Regional SCBA Grant. This letter is to inform you that MES has been selected as the successful Proposer for this project. I will be in contact with you shortly. There are nine departments involved and the participation of MES in this process is crucial. Again Congratulations on your successful proposal, and if you have any questions, please do not hesitate to contact me. Sincerely, James T. Cook Fire Chief/Paramedic Parma Rural Fire Protection District (208)573 -1203 -cell (208) 722 -5716 -office. MES - Northwest 3801 Fruit Valley Rd. Suite C Vancouver, WA 98660 Ship To: MERIDIAN FIRE DEPT STATION #1 ATTN DAVE JONES 208-888-1234 540 E FRANKLIN ROAD Meridian, ID 83642 Contact: Phone: Bill To: MERIDIAN FIRE DEPARTMENT 33 EAST BROADWAY AVENUE SUITE 204 MERIDIAN, ID 83642 Telephone ........................:360-737-3800 I"I Fax...................................: 360-737-1632 E'S MW0MLMWf "MM00,WC., Quotation Number ............................: QT_00312047-5 Dale ................................. : 12/17/2014 Page................................: 1 of 2 Sales order ......................: 6.00 EA Requisition .......................: 30,600.00 Your ref ............................: PASS Our ref ..............................: krichardso Quotation deadline...........: 2/15/2015 Payment ...........................: Net 30 Sales Rep ........................: JFuller Terms of delivery .............: Customer Pays Frelght-NOT Taxable Item number Description Size Color Quantity Unit Unit price Amount X3414022200202 X34.5 W/ QD, DUAL EBSS, 6.00 EA 5,100.00 30,600.00 PASS 201215-05 AV3000 HT, KEVLAR 34.00 EA 275.00 9,350.00 HEADNET, SIZE MEDIUM, RIGHT SIDE COMM BRKT 201215.06 AV3000 HT, KEVLAR 5.00 EA 275.00 1,375.00 HEADNET, SIZE LARGE RIGHT SIZE COMM BRKT 201215-04 AV3000 HT, KEVLAR 2.00 EA 275.00 550.00 HEADNET, SIZE SMALL, RIGHT SIDE COMM BRKT 200129-01A NxG CYLINDER 4.5 45 MIN 6.00 EA 1,075.00 6,450.00 CARBON LOGO 2 RED BAND 6.00 EA 30.00 180.00 2 BLACK BAND 2 BLUE BAND 200129-01A NxG CYLINDER 4.5 45 MIN 6.00 EA 1,075.00 6,450.00 CARBON LOGO 2 RED BAND 6.00 EA 30.00 180.00 2 BLACK BAND 2 BLUE BAND 201275-01 EPIC 3 VOICEAMPLIFIER 6.00 EA 375.00 2,250.00 INDIVIDUAL 804723-01(HM) CYL & VALVE CARBON 2.00 1,175.00 2,350.00 80 LOGO 1 RED BAND 2.00 EA 30.00 60.00 1 BLACK 804723-01(HM) CYL & VALVE CARBON 1.00 EA 1,175.00 1,175.00 80 LOGO 1 BLUE BAND 1.00 EA 30.00 30.00 200077-50 2013 REGULATOR ASSYQD 35.00 EA 1,100.00 38,500.00 Used Airpak Used Airpak -6.00 EA 1,800.00 -10,800.00 All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of Invoice. MES • Northwest 3801 Fruit Valley Rd. Suite C Vancouver, WA 98660 Ship To: MERIDIAN FIRE DEPT STATION #1 ATTN DAVE JONES 208-888-1234 540 E FRANKLIN ROAD Meridian, ID 83642 Contact: Phone: Bill To: MERIDIAN FIRE DEPARTMENT 33 EAST BROADWAY AVENUE SUITE 204 MERIDIAN, ID 83642 Telephone ........................: 360-737-3800 Fax ...................................: 360-737-1632 Quotation Number ............................: QT 00312047-5 Date .................................: 12/17/2014 Page................................:2 of 2 Sales order ......................: Requisition .......................: Your ref ............................: Our ref .............................. : krichardso Quotation deadline ........... 2/15/2015 Payment ...........................: Net 30 Sales Rep ........................: JFuller Terms of delivery .............: Customer Pays Freight -NOT Taxable MES ■uaarurxsaderuemas,sa� This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shippin charges are considered estimated and will be re -calculated at the time of shipment to ensure they take into account the most currenlocal tax Information. Sales balance Total discount 88,700.00 0.00 S&H Sales tax Total 0.00 0.00 88,700.00 USD All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee. Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 2210 - Fire Admin 01 - General Fund From 10/1/2014 Through 9/30/2015 Capital Outlay 94400 Capital - Equipment 0000 NON -DEPARTMENTAL 10464 Station Security Project 6014 SCBA FEMA Carr... Carryforward Total Capital Outlay TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 389,850.00 0.00 389,850.00 100.00% 0.00 8,795.00 (81795.00) 0.00% 0.00 50,197.58 (50,197.58) 0.00% 0.00 32,545.50 (32,545.50) 0.00% 52.098.00 0.00 52,098.00 100.00% 441,948.00 91,538.08 350,409.92 79.29% 441,948.00 91,538.08 350,409.92 79.29% Date: 1/23/15 10:16:26 AM Page: 1 Z N FI. g v� _Q d z LL a o c • O N m m 'j �❑Wk E w Z _Q d z E w w a 'a m m G c o � n LL L) C p CL N U U � z m A ca H �U �C W 6 O W W n � Ci t y C o u n c i l M e e t i n g Ja n u a r y 2 7 , 2 0 1 5 h2 It e m # 6 A : J u m p C r e e k S u b d i v i s i o n Vi c i n i t y / Z o n i n g M a p Ju m p C r e e k S u b d i v i s i o n – A p p r o v e d P r e l i m i n a r y P l a t Ju m p C r e e k S u b d i v i s i o n – P r o p o s e d F i n a l P l a t Ju m p C r e e k S u b d i v i s i o n – P r o p o s e d La n d s c a p e P l a n Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: 6A PROJECT NUMBER: FP 14-046 ITEM TITLE: JUMP CREEK FP 14-046 Jump Creek by Kent Brown Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of SixtyOThree (63) Single Family Residential Lots and Eleven (1 1) Common Lots on Approximately 16.68 Acres in the R-8 and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: PROPOSED ADDITIONS TO FEE SCHEDULE 2014-2015 Public Hearing: Proposed Additions to the 2014-2015 Fee Schedule of the Meridian Parks and Recreation Department Concerning Park Reservation Fees for Julius M. Kleiner Memorial Park and Settlers Park 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 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, January 27, 2015, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2015 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Park Reservation Fees: Julius M. Kleiner Memorial Park Bandshell Half Day (Up to 500 people) $150.00 Bandshell Half Bay (500+ people) $250.00 Settlers Park Full -Size and Quick Start Tennis Courts — General Public (per hour) $2.50 Full -Size and Quick Start Tennis Courts — Tennis Pros (per hour) $8.00 Full Day Tournament Fee (all courts) $200.00 Full Day Tournament Fee (Quick Start courts only) $60.00 DATED this 16`x' day of January, 2015. PUBLISH on January 19`s, 2015 and January 20, 2015. gO�AttD AU,,,Sl ,, city o. IIy �V— QoAHo SEAL ApFR °� 1h, lit PSs CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 27, 2015 ITEM # 613 Project Number: Project Name: 2014-2015 Parks and Rec Fee Schedule PLEASE PRINT NAME ECEIVI JAN 2 1 209 CITY OF FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. 1� — 10 i0 : A Resolution the Adopting Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date MEETING NOTES 3 Ii Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILEDTO STAFF SENTTO AGENCY SENTTO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on January 19th, 2015 and January 26th, 2015 the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit.4 hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2015. ADOPTED by the City Council of the City of Meridian, Idaho, this 27th day of January, APPROVED by the Mayor of the City of Meridian, Idaho, this 27'h day of January, 2015. ,,U�`1,-�,Tammy rerd, Mayor rr . ATT ST: c;yae a%- �i`JlA4I0 N ce olman, City Clerk SU_I. V� �ILe YR[p0 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A Park Reservation Fees: Julius M. Kleiner Memorial Park Bandshell Half Day (Up to 500people) $150.00 Bandshell Half Day (500+ people) $250.00 Settlers Park Full-Size and Quick Start Tennis Courts — General Public (per hour) $2.50 Full-Size and Quick Start Tennis Courts — Tennis Pros (per hour) $8.00 Full Day Tournament Fee (all courts) $200.00 Full Day Tournament Fee (Quick Start courts only) $60.00 Meridian City Council Meeting DATE: January 27, 2015 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS BUDGET AMENDMENT Public Works: Budget Amendment for the Wastewater Treatment Plant (WWTP) Aeration Basin Control Improvement Project FYI for the Not -to -Exceed Amount of $100,000.00 MEETING NOTES i, FJ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EIDRAAN*-- Public I HO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Emily Skoro Staff Engineer II DATE: January 13, 2015 Mayor Tammy de Weerd City Council MembeNr Joe Barton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR THE WWTP AERATION BASIN CONTROL IMPROVEMENT PROJECT FY15 IN THE AMOUNT OF $100,000 I. RECOMMENDED ACTION A. Move to: 1. Approve the FY15 Budget Amendment for $100,000; H. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II (Project Manager) 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 John McCormick, Deputy Director of Public Works 489-0378 III. DESCRIPTION A. Background: Currently at the Wastewater Treatment Plant (WWTP), the total air flow to each aeration basin is automatically adjusted by the header control valve upstream of the manual valves. Recent control adjustments have improved the overall control of the aeration system, but additional improvements are warranted to optimize the overall aeration and nitrogen removal efficiencies at the WWTP. Page I of 3 ICI V. B. Proposed Project In order to achieve the improvements for the existing aeration system, the Engineering and Operations staff have determined that installing modulating actuators to each of the aerated zones (Zones 4 through 9) would increase the aeration and nitrogen removal efficiencies for each of the four aeration basins. IMPACT A. Strategic Impact: This project supports the Public Works Mission and Vision for emphasizing financial stewardship, environmental sustainability, and developing strategies to comply with the National Pollutant Discharge Elimination System Permit. The proposed improvements are responsive, innovative, and increase operational efficiencies. B. Fiscal Impact: Project Costs HACH Probe Purchase and Installation - Completed (3590-96101) $58,797.47 Aeration Basin Control Improvements Design Plans -Completed (3590-96101) $44,532.00 HACH Ammonium Probe -Completed (3590- 96101) $12,475.62 24 Actuators -Completed (3590-96101) $124,418.00 WWTP Aeration Basin Control Improvement Construction —Pending Budget Amendment $125,376.91 Approval (3590-96101) Engineering Construction Services —Pending $34,400.00 Budget Amendment Approval (3590-96101) Total Cost $400,000.00 Project Funding FY 14 Budget (3590-96101) $300,000.00 Proposed FY15 Budget Amendment (FY15) (3590-96101) $100,000.00 Total Funding $400,000.00 TIME CONSTRAINTS City Council's approval will allow this project be completed in FY15. Page 2 of 3 VI. LIST OF ATTACHMENTS A. Appendix A — Budget Amendment Form B. 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January 27, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS BUDGET AMENDMENT Public Works: Budget Amendment for Waterline Extensions for FY2015 in the Not -to - Exceed Amount of $120,000.00 MEETING NOTES �o1S i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek, Assistant City Engineer DATE: January 28, 2015 Mayor Tammy de Weerd City Council Members* Keith Bird Joe Borton Luke Covener Genesis Milam Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2015 IN THE AMOUNT OF $120,000 FOR WATERLINE EXTENSIONS I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2015 Budget Amendment for $120,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assist City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works III. DESCRIPTION A. Background 489-0343 489-0350 489-0372 The Public Works Department programs waterline extension projects yearly according to distribution system needs. Higher than anticipated construction costs for the utility improvements associated with the 2015 ACHD Ten Mile, Cherry to Ustick project, and the addition of the McMillan PRV project have utilized funds needed to construct the Locust Grove Waterline Extension Project. This budget amendment is being requested to provide the funding needed to construct the Locust Grove, Blackrock to Reflection Ridge Waterline Extension Project in FYI as planned. Page I of 2 IV W Due to the annexation of Meridian Heights / Kentucky Ridge, as well as development in the immediate area, Public Works is planning for the extension of water main in Amity Road and Meridian Road from Locust Grove Road to Harris Street. Construction is not planned until FY 16, but Public Works is requesting funds to design this project in the current fiscal year. B. Proposed Project The projects to be funded by this proposed budget amendment are the construction of the Locust Grove, Blackrock to Reflection Ridge Waterline Extension and design of the Amity Road and Meridian Road, Locust Grove Road to Harris Street Waterline Extension. IMPACT A. Strategic Impact: These projects support the Public Works objectives of providing uninterrupted water supply and fire suppression, providing ample water supply to our customers, improve water quality, and meeting regulatory requirements. B. Service/Delivery Impact: Both of these projects will complete loops in the distribution system which will improve water quality, fire suppression capability and redundancy, and allow for more flexibility in system operation. C. Fiscal Impact: Bud et FYI Waterline Extensions Budget $583,000 Budget Amendment $120,000 • Locust Grove, Blackrock to Reflection Ridge Waterline Extension • Amity Road and Meridian Road, Locust Grove Road to Harris Street Waterline Extension Total Funding (FY 15) LIST OF ATTACHMENTS A. 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