ACHD Third Addendum to City Utilities Reimbursement Agreement (EXECUTED by City of Meridian & Costco) THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT
Meridian,Idaho Costco
This THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT ("Third
Addendum") is made and entered into this 20th day of October 2020 ("Effective Date"), by and
among the CITY OF MERIDIAN, a municipal corporation of the State of Idaho ("City"); the ADA
COUNTY HIGHWAY DISTRICT ("ACHD"), a highway district created pursuant to the laws of the state
of Idaho; and COSTCO WHOLESALE CORPORATION, a Washington corporation("Costco").
RECITALS
A. The parties entered into that certain City Utilities Reimbursement Agreement dated effective
August 6, 2019 ("Original Agreement") wherein the City agreed to reimburse Costco for certain utility
and infrastructure improvements made by Costco for the benefit of the City.
B. The Original Agreement was modified by that certain First Addendum to City Utilities
Reimbursement Agreement dated effective August 27, 2019 ("First Addendum") and by that certain
Second Addendum to City Utilities Reimbursement Agreement dated effective November 26, 2019
("Second Addendum") in order to account for changes in scope and price of the utilities being constructed
by Costco. The Original Agreement, First Addendum, and Second Addendum shall be referred to
collectively as the"Utilities Agreement".
C. As of the Effective Date,the utility and infrastructure improvements made by Costco under the
Utilities Agreement are substantially complete and the parties desire to account for final price adjustment
and change orders requested by the City and ACHD as set forth herein.
AGREEMENT
1. The parties agree to modify Section 1.1 of the Utilities Agreement as follows and to replace
Exhibit A to the Utilities Agreement,with Exhibit A,attached hereto and incorporated herein:
1.1 Fiber Optic Conduit. City desires the installation of 2" fiber optic conduit, as
described in Exhibit A ("Conduit Improvements"), be included in the Chinden
Improvements. City has designed the Conduit Improvements for inclusion in the Chinden
Improvements plans to be approved by ITD. Upon substantial completion of the Conduit
Improvements, Costco will invoice City for all costs Costco has incurred for design and
installation of the Conduit Improvements. Within thirty (30) days of receipt of such
invoice, City will pay the invoice in full. The current estimated cost for the Conduit
Improvements is One Hundred Twenty-Five Thousand Six Hundred Eight Dollars and
Fifty Cents ($125,608.50); however,the parties acknowledge this is only an estimate and
Costco's request for reimbursement will reflect actual costs incurred.
2. The parties agree to modify Section 1.2 of the Utilities Agreement as follows and to replace
Exhibit B to the Utilities Agreement,with Exhibit B,attached hereto and incorporated herein:
1.2 Black Cat/Chinden Intersection. City desires certain improvements, including a
fire hydrant relocation, at the Chinden/Black Cat intersection, as described in Exhibit B
("Black Cat Utility Improvements"),be included in the Chinden Improvements. City has
designed the Black Cat Utility Improvements for inclusion in the Chinden Improvements
plans to be approved by ITD. Upon substantial completion of the Black Cat Utility
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 1 of 10
Improvements, Costco will invoice City for all costs Costco has incurred for design and
installation of the Black Cat Utility Improvements. Within thirty (30) days of receipt of
such invoice, City will pay the invoice in full. The current estimated cost for the Black Cat
Utility Improvements is Ten Thousand Seven Hundred Seventy-Seven Dollars and Fifty
Cents ($10,777.50); however, the parties acknowledge this is only an estimate and
Costco's request for reimbursement will reflect actual costs incurred.
3. The parties agree to modify Section 2.3 of the Second Addendum by renumbering the provision
as Section 1.3 of the Utilities Agreement, replacing Exhibit F to the Utilities Agreement, with Exhibit F,
attached hereto and incorporated herein,and as follows:
1.3 Streetlights. City desires the installation of certain additional streetlights along
Chinden, as described in Exhibit F ("Streetlight Improvements"), be included in the
Chinden Improvements. Upon substantial completion of the Streetlight Improvements,
Costco will invoice City for all costs Costco has incurred for design and installation of the
Streetlight Improvements, including engineering, legal, and project management costs
incurred related to this Second Addendum and the Streetlight Improvements.Within thirty
(30)days of receipt of such invoice, City will pay the invoice in full.The current estimated
cost for the Streetlight Improvements is Four Hundred Eighteen Thousand Eight Hundred
Sixty-Nine Dollars and Five Cents ($418,869.05) ("Estimate"); however, the parties
acknowledge this is only an estimate and Costco's request for reimbursement will reflect
actual costs incurred. Before incurring costs greater than the Estimate, Costco will obtain
the City's written consent. If the City declines to provide such consent within fifteen (15)
days,then Costco may discontinue further work on the Streetlight Improvements and, even
if prior to substantial completion, provide an invoice to City for actual costs incurred not
to exceed the Estimate,which invoice the City will pay in full within(30)days of receipt.
4. The parties agree to modify Section 2.1 of the Utilities Agreement as follows and to replace
Exhibit C to the Utilities Agreement,with Exhibit C,attached hereto and incorporated herein:
2.1 Service Stubs. City desires the installation of sewer and/or water service stubs for
extension of City services to third party property owners, as described in Exhibit C
("Service Stubs"), be included in the Ten Mile Improvements. ACHD has incorporated
the Service Stubs into ACHD's design of the Ten Mile Improvements. Upon substantial
completion of the Service Stubs, Costco will invoice City for the costs incurred for
installation of the Service Stubs. Within thirty (30) days of receipt of such invoice, City
will pay the invoice in full. City is solely responsible for collecting any payment from the
third party property owners, and City will pay Costco's invoice in full in accordance with
this section regardless of the amount or timing of any third party property owner payment
to City. The current estimated cost for the Service Stubs is Six Thousand One Hundred
Dollars ($6,100.00); however, the parties acknowledge this is only an estimate and
Costco's request for reimbursement will reflect actual costs incurred.
5. The parties agree to modify Section 2.2 of the Utilities Agreement as follows and to replace
Exhibit D to the Utilities Agreement,with Exhibit D,attached hereto and incorporated herein:
2.2 Cost Share Permit Improvements. City and ACHD have entered into that certain
Ada County Highway District Cost Share Permit, dated April 23, 2019 ("Permit"), for
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 2 of 10
certain City improvements within Ten Mile Road(collectively,"Permit Improvements"),
which improvements are generally described in Exhibit D. ACHD has incorporated the
Permit Improvements into ACHD's design of the Ten Mile Improvements. Upon
substantial completion of the Permit Improvements, Costco will invoice City for the costs
incurred for installation of the Permit Improvements set forth in Section D.1 of Exhibit D.
Within thirty(30)days of receipt of such invoice,City will pay the invoice in full,and City
will provide notice of such payment to ACHD, which full payment and notice will satisfy
City's obligations in the Permit to pay ACHD for the installation of the Permit
Improvements. The current estimated cost for City's portion of the Permit Improvements
is Fifty-Four Thousand Twenty-Seven Dollars and Thirty-Seven Cents ($54,027.37) ;
however, the parties acknowledge this is only an estimate and Costco's request for
reimbursement will reflect actual costs incurred. Upon substantial completion of the
Permit Improvements, Costco will invoice ACHD for the costs incurred for installation
of the ornamental rock set forth in Section D.2 of Exhibit D. Within thirty (30) days of
receipt of such invoice, ACHD will pay the invoice in full. The current estimated cost for
said ornamental rock is Eleven Thousand Dollars ($11,000.00); however, the parties
acknowledge this is only an estimate and Costco's request for reimbursement will
reflect actual costs incurred.
6. The parties agree to modify Section 2.3 of the Utilities Agreement as follows and to replace
Exhibit E to the Utilities Agreement,with Exhibit E,attached hereto and incorporated herein:
2.3 Sewer and Water Improvements. City desires the installation of certain sewer and
water improvements, as described in Exhibit E("Sewer and Water Improvements"), be
included in the Ten Mile Improvements. ACHD has incorporated the Sewer and Water
Improvements into ACHD's design of the Ten Mile Improvements. Upon substantial
completion of the Sewer and Water Improvements, Costco will invoice City for all costs
Costco has incurred for design and installation of the Sewer and Water Improvements.
Within thirty (30) days of receipt of such invoice, City will pay the invoice in full. The
current estimated cost for the Sewer and Water Improvements is Ninety-Six Thousand
Seven Hundred Fifty Dollars and Twenty-Five Cents ($96,750.25); however, the parties
acknowledge this is only an estimate and Costco's request for reimbursement will reflect
actual costs incurred.
7. Unless defined herein,all capitalized terms in this Third Addendum have the same meaning
as set forth in the Utilities Agreement. Except as expressly modified by this Third Addendum,all terms and
conditions of the Utilities Agreement remain in full force and effect.
8. This Third Addendum may be executed in one or more counterparts, and all of the
counterparts shall constitute one and the same agreement, notwithstanding that all parties hereto are not
signatories to the same or original counterpart. City, ACHD and Costco agree that this transaction may be
conducted by electronic means pursuant to the provisions of the Uniform Electronic Transaction Act.
[end of text;signatures and exhibits follow]
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 3 of 10
IN WITNESS WHEREOF,the parties execute this Third Addendum effective as of the Effective Date.
CITY:
CITY OF MERIDIAN,
a municipal corporation of the State of Idaho
By: Robert E. Simison
Its: Mayor
ACHD:
ADA COUNTY HIGHWAY DISTRICT,
a highway district created under the laws of the state of
Idaho
By:
Its:
COSTCO:
COSTCO WHOLESALE CORPORATION,
a Washington corporation
By:
Its:
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 4 of 10
DocuSign Envelope ID:6CDDDBC6-559C-4A38-AE91-7D3D078C7179
IN WITNESS WHEREOF,the parties execute this Third Addendum effective as of the Effective Date.
CITY:
CITY OF MERIDIAN,
a municipal corporation of the State of Idaho
By:
Its:
ACHD:
ADA COUNTY HIGHWAY DISTRICT,
a highway district created under the laws of the state of
Idaho
By:
Its:
COSTCO:
COSTCO WHOLESALE CORPORATION,
a Washington corporation
FPDocuSignedd by:
aw 66,
By: Peter Kahn
Its: AVP
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 4 of 10
Exhibit A
Conduit Improvements
Pay Item Description Quantity Unit Unit Price Total Cost
5901-05F SP Junction Box 41 EACH $1,200.00 $49,200.00
Type S-45T with
Riser
SP Install 1-2" RPC
5911-06D Conduit for Future 13,405 LF $5.70 $76,408.50
Use (Meridian)
TOTAL COST of CITY REIMBURSEMENT $125,608.50
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 5 of 10
Exhibit B
Black Cat Utility Improvements
Pay Item Description Quantity Unit Unit Price Total Cost
401.4.1.A.1 6"Water Line 27 LF $82.50 $2,227.50
402.4.1.A.1.a 6" Gate Valve 1 EACH $1,700.00 $1,700.00
402.1.1.A.1.b 12"Gate Valve 1 EACH $2,250.00 $2,250.00
Relocate elocate FireHydrant 1 EACH $4,600.00 $4,600.00
TOTAL COST of CITY REIMBURSEMENT $10,777.50
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 6 of 10
Exhibit C
Service Stubs
Pay Item Description Quantity Unit Unit Price Total Cast
404.4.1.A.1 1"Water Service 1 EACH $3,400.00 $3,400.00
504.4.1.13.1 4"Sewer Service 1 EACH $4,850.00 $4,850.00
504.4.1.A.1 8"Sewer Service 1 EACH $6,100.00 $6,100.00
CO#17 RFC#33 404.4.1.A.1—1" _1 EACH $3,400.00 ($3,400.00)
Water Service Credit
CO#17 RFC#33 504.4.1.8.1—4" _1 EACH $4,850.00
Sewer Service Credit ($4,850.00)
TOTAL COST of CITY REIMBURSEMENT $6,100.00
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 7 of 10
Exhibit D
Permit Improvements
Pay Item Description Quantity Unit Unit Price Total Cost
SSP 25002 Ornamental Rock 210 CY $125 $26,250.00
Install Traffic Signal
1131.01.02.A Interconnect Conduit 4,605 LF $5.20 $23,946.00
(Trench)—City of Meridian
RFC#06 City Separate
CO #17 Junction Boxes 1 LS $15,604.97 $15,604.97
RFC#33 SSP 25002—
CO #17 Ornamental Rock Credit -16 CY $125 ($2,000.00)
RFC#33 SSP 25050—4"
CO #17 Topsoil Addition 146 Sy $8.40 $1,226.40
TOTAL COST $65,027.37
D.1 City Permit Improvement Reimbursement Obligations
City Cost Share Agreement No. 32 committed reimbursement for Permit improvement on 9
identified parcels
Pay Item Description Quantity Unit Unit Price Total Cost
SSP 25002 Ornamental Rock 122 CY $125 $15,250.00
Install Traffic Signal
1131.01.02.A Interconnect Conduit 4,605 LF $5.20 $23,946.00
(Trench)—City of Meridian
RFC#06 City Separate Junction
CO #17 1 LS $15,604.97 $15,604.97
Boxes
CO #17 RFC#33 SSP—25002 -16 CY $125
Ornamental Rock Credit ($2A00.00)
CO #17 RFC#33 SSP 25050—4" 146 SY $8.40 $1,226.40
Topsoil Addition
TOTAL COST OF CITY REIMBURSEMENT i $54,027.37
D.2 ACHD Reimbursement Obligations
Remaining planned quantity of Ornamental Rock ACHD is committed to reimburse
Pay Item Description Quantity Unit Unit Price Total Cost
SSP 25002 Ornamental Rock 88 CY $125 $11,000.00
TOTAL COST OF ACHD REIMBURSEMENT $11,000.00
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 8 of 10
Exhibit E
Sewer and Water Improvements
Pay Item Description Quantity Unit Unit Price Total Cost
401.4.1.A.1 12"PVC WATER MAIN (INCLUDES 150.00 LF $110.00 $16,500.00
EXCAVATION,BEDDING, BACKFILL)
401.4.1.13.1 12" DUCTILE IRON MECHANICALJOINT
8.00 EACH $890.00 $7,120.00
FITTINGS
See Bidding 24"STEEL CASING PIPE (OPEN TRENCH
and Contract INSTALLATION) 40.00 EACH $400.00 $16,000.00
Documents
2030.4.1.C.1 ADJUST VALVE CAN LIDS&CONCRETE 13.00 EACH $1,150.00 $14,950.00
COLLAR
2030.4.1.D.1 RELOCATE EXISTING FIRE HYDRANT 1.00 EACH $7,800.00 $7,800.00
ASSEMBLY
403.4.1.A.1 FIRE HYDRANT ASSEMBLY 2.00 EACH $7,050.00 $14,100.00
CO#17 RFC#10 City Directed Manhole 1.00 LS $7,194.06 $7,194.06
Adjustments
CO#17 RFC#26 Relocate Existing Blow Off Valve 1.00 LS $3,418.37 $3,418.37
CO#17 RFC#28 Relocate Blowoff Valve and 1.00 LS $9,667.82 $9,667.82
Reclaimed Water Line
TOTAL COST of CITY REIMBURSEMENT $96,750.25
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 9 of 10
Exhibit F
Streetlight Improvements
Pay Item Description Quantity Unit Unit Price Total Cost
CO#1 Additional Streetlight 47 EACH $8,029.11 $377,368.17
CO#1 Survey 1 LS $2,450.00 $2,450.00
CO#1 Testing 1 LS $700.00 $700.00
CO#1 Contractor Admin Expenses $19,025.81 EACH $1.00 $19,025.81
CO#1 Legal 637.50 EACH $1.00 $637.50
CO#1 Engineering $6,487.50 EACH $1.00 $6,487.50
CO#1 Owner Contract Admin $12,200.07 EACH $1.00 $12,200.07
Expenses 3%
TOTAL COST of CITY REIMBURSEMENT $418,869.05
THIRD ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 10 of 10