Sanitary Sewer Easement with Charter Builders, Inc. for Broadway St.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5
BOISE IDAHO 03107/06 09:44 AM
~~~~~~E~~~~~~~:~08F 111111111111/111111111111111111111111
City of Meridian 106034783
'-
SANITARY SEWER EASEMENT
THIS INDENTURE, effective this 23rd day of February, 200ft, by the undersigned Charter
Builders Inc., who maintains a mailing address of 2084 S. Eaale Road, Meridian, ID 83642,
hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal
corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street,
Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and seNice said pipeline from time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-of-way for the permanent easement for the
construction, operation and maintenance of a sanitary sewer line over and across
the following described property:
(SEE ATTACHED EXHIBITS A-1 & A-2)
A permanent easement is hereby granted for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, with the free right of access
to such facilities at any and all times.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that t~e CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement. .
SANITARY SEWER EASEMENT, Page 1 of 2
,
THE GRANTOR(S) do hereby coven~nt and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
~¿?J
Charter Builders Inc.
By: George P. O'Neal, President
I
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STATE OF IDAHO)
) ss
County of Ada)
On this 7. ?;fd day of +e...br\ )(1 ~ ,2006, before me T Cu\. \ n ~ltJnð..r-L\ t ,
personally appeared ejé'OIi-~("- V 0 N4:L\ , proved to me on the
basis of satisfactory evidencè 0 be the persons whose names IS subscribed to the
within instrument, and acknowledged that they executed the same.
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NOT ~UBLIC FOR I \t\HO
My Commission Expires on~
Beneficiary: CITY OF MERIDIAN
-
STATE OF IDAHO, )
. : ss.
County of Ada )
On this~dayof hh.\\.ihlt ,2006. before me, the
undersigned, a Notary Public in and for said State, p rsonally appeared TAMMY DE
WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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Date:
'11873
February 17, ZO06
EXHIBIT A-1
PARCEL DESCRIPTION
PERMANENT SEWER EASEMENT
That portion of the Southeast ~ of Section 10, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly
described as follows:
Commencing at the Center ~ corner of Section 10; thence along the Westerly
boundary of the Southeast 14 of said section, South 00° 32'30" West, 1,065,60 teet to the
Southerly right-of-way of the Oregon Short Line Railroad; thence along said right-at-way,
South 88°2703" East, 991.30 feet to the POINT OF BEGINNING;
thence continuing along said right-of-way, South 88°ZT03" East, 60,00 feet;
thence South 01 ° 33'17" West, 30.00 feet;
thence North 88°2755" West, 60.00 feet;
thence North 01°33'17' East, 30.00 feet to the POINT OF BEGINNING.
Containing 0.041 acres, more or less.
END OF DESCRIPTION
Prepared by:
J.U.ß ENGINEERS, Inc.
Ronald M. Hodge, P.LS.
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CENlER 1/4 COR.
SEC. 10
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EXHIBIT A-2
CHARTER BUILDERS INC.
PERMANENT SEWER EASEMENT
100
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CIVIL SURVEY CONSULTANTS, INc.
AGREEMENT FOR PROFESSIONAL SERVICES
Project No. 06009
THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY
CONSUJ,JANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this /7""~ay of
l7E&2vÆ7t-'1 , 2006. The CLIENT and CSC in consideration of their mutual covenants
herein agree as set forth below.
The Client intends to construct new potable water and sanitary sewer pipelines in Broadway A veneue between Meridian road
and East 5th Street, hereinafter referred to as the PROJECT.
CLIENT INFORMA nON AND RESPONSIBILITIES
The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, infmmation
as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements,
flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which
CLIENT will require to be incorporated in the Drawings and Specifications.
The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings,
probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and
equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property
descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available;
all of which CSC may use and rely upon in performing services under this Agreement.
The CLIENT will obtain permission for CSC to enter upon public and private property as required for CSC to perform
services under this Agreement.
SERVICES TO BE PERFORMED BY CSC
CSC will provide services as outlined in the attached letter dated February 1,2006.
BASIS OF FEE AND BILLING SCHEDULE
The Client will pay CSC for services provided under this Agreement per the attached letter dated February 1,2006.
Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS
AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND
CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
City or'Meridian
33 E. Idaho Avenue
Meridian, Idaho 83642
Civil Survey Consultants, Inc.
100 South Adkins Way, Suite 101
Mmdhn, ~ ~
Timothy A. Burgess, Vice President
BY:
NAME:
TITLE:
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10f4
2/2/2006
CIVIL SURVEY CONSULTANTS, INC.
TERMS AND CONDITIONS
GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project
described in this Agreement. These services will be performed in accordance with generally accepted professional practices
for the intended use of the project. CSC makes no other warranty either expressed or implied.
CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be
responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by
CSC.
CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have
authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by
Contractor(s), for safety precautions and programs incident to the work ofContractor(s) or for any failure ofContractor(s) to
comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their
work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assrune
responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Docrunents.
The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points
and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional
services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by
professionals providing soils testing or geotechnical advice.
Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in
addition to any other payment provided in this Agreement.
OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as part of the professional
services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor,
materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over
competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience
and represents CSC's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or
estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSc. The CLIENT
agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of
PROJECT costs.
Should the CLIENT request that CSC modify any PROJECT aspect to reduce construction costs, then those services shall be
considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement.
REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The
CLIENT agrees that no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnifY
and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products
prepared by CSC for the PROJECT.
GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of
this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this
Agreement.
SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors,
administrators and legal representatives of CLIENT and CSC are likewise bound to the other party to this Agreement, in
respect of all covenants, agreements and obligations of this Agreement.
Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than
CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of CLIENT and CSC and not for the benefit of any other party.
TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses
incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and
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212/2006
expenses within thirty (30) days after receipt of CSC's statement therefor, the amounts due CSC will be increased at the rate of
1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend
services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges.
TERMINA nON - The obligation to provide further services under this Agreement may be terminated by either party upon
thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the
terms and conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party.
If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses
incurred to the date of such termination.
HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not
anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there
is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and
the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take
immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon
as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The
CLIENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect
the health and safety of CSC's personnel and the public, and/or the environment, and the CLIENT agrees to compensate CSC
for the additional cost of such work. Tn addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend
and hold CSC harmless from any claim or liability for injury or loss arising from CSC's encountering unanticipated hazardous
materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses
incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and
expense reimbursement policy.
DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application
or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative
dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative
dispute resolution technique shall precede litigation or recourse to other judicial forums.
RECOVERY OF DISPUTE RESOLUTION COSTS - In the event that legal action is brought by either party against the
other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other
judgments or settlement sruns, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's
fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party
and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing
for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's
part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of
direct project costs.
EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC
and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by
written instrument signed by both CLIENT and CSC.
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2/2/2006
Glenn K. Bennett, P.L.S.
President
Timothy A. Burgess, P.E.
Vice President
Labor:
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 101
Meridian, Idaho 83642
(208)888-4312
Fax 888-0323
CIVIL SURVEY CONSULTANTS
PREV AILING FEE SCHEDULE
EFFECTIVE OCTOBER 1, 2005
Project Manager
Chief of Surveys
Project Engineer
Land Surveyor
Design Engineer 1
Design Engineer 2
Design/Survey Technician 1
Design/Survey Technician 2
Direct Expenses:
WO
GPS
Vehicle 2- Wheel Drive
Vehicle 4- Wheel Drive
Outside Printing
Long Distance Telephone
Sub-Consultants
- $ 100.00 per hour
- $ 100.00 per hour
- $ 85.00 per hour
- $ 75.00 per hour
- $ 75.00 per hour
- $ 70.00 per hour
- $ 65.00 per hour
- $ 60.00 per hour
- $ 40.00 per hour
- $ No Charge
- $ No Charge
- $ Cost
- $ Cost
- $ Cost
4 of4
212/2006
Timothy A. Burgess, P.E.
Vice President
Civil Survey Consultants, Inc.
100 South Adkins Way
Suite 101
Meridian, Idaho 83642
(208)888-4312
Fax 888-0323
Glenn K, Bennett, P,L.S,
President
February 1, 2006
Len Grady, P.E.
City Engineer
City of Meridian
660 E. Watertower, Suite 200
Meridian, ID 83642
Re: Broadway Avenue - Meridian Road to Sth Street
Utility Replacement
Dear Len:
Thank you for considering Civil Survey Consultants to provide professional engineering services related
to the upgrade of potable water mains and gravity sewer mains in Broadway Avenue between Meridian
Road and Sth Street. The following is a scope of services for field surveys, contract document
preparation, and construction services related to this project.
Location
This project is on Broadway Avenue beginning at Meridian Road and extending approximately 2,243
feet east to Sth Street. Main Street ITom Broadway A venue south approximately 400 feet to the railroad
tracks will also be included. The intent ofthe project is to develop plans and specifications to construct
new potable water and sanitary sewer mains within the project limits. The new potable water main will
be lO-inch in diameter. The new sewer main will be l2-inch to IS-inch in diameter beginning at
Meridian Road and extending east as far as possible, depending upon the existing conditions
encountered.
Field Surveys
Civil Survey Consultants will perform a topographic survey of the project limits as needed to prepare
plan and profiles sheets. The field surveys will extend from right-of-way line to right-of-way line. Field
surveys will include location of existing utilities where marked by the utility owner, and verification of
depth by pot-holing. Utility locations will be assumed to be a straight line between marks and potholes.
Construction Documents
Civil Survey Consultants will prepare plans as necessary to construct the described utility improvements.
The plans are anticipated to consist of one cover sheet; one general note sheet; three sheets of Meridian
standard details; seven plan and profile sheets; one sediment and erosion control plan sheet; and one
Grady
February 1, 2006
Page 2 of 3
traffic control plan sheet for a total of fourteen sheets. The plans will be prepared in 34"x22" fonnat
with an anticipated scale of 1 "=20'. Civil Survey Consultants will prepare contract docrunents and
specifications using City of Meridian standard documents as needed to publicly bid the work. Civil
Survey Consultants will prepare an opinion of construction cost for budgeting purposes.
This scope of services is based upon the assumption that all work will occur within existing public right-
of-way. No new right-of-way or easement acquisition will be required for this work. Should additional
right-of-way or easements be required, the work effort associated with their acquisituion will be
provided as a supplement to this agreement.
Civil Survey Consultants will submit the plans, contract documents and specifications to the City of
Meridian, Ada County Highway District and Idaho Department of Environmental Quality for review and
approval prior to construction. One original set of final approved plans, specifications and contract
docrunents will be provided to the City of Meridian for their use in obtaining bids and construction of
the project. All fees associated with obtaining plan review and approval will be paid by the City of
Meridian.
Bidding and Award
The City of Meridian will perfonn all work necessary to obtain bids for this project including publishing
the plans, specifications and contract docrunents; publishing the advertisement for bids; distribution of
the plans, specifications and contract documents to prospective bidders; conducting the bid opening;
tabulating the bids received; and awarding the contract to the successful bidder. Civil Survey
Consultants will be available to answer contractor's questions prior to the bid opening; attend the bid
opening; and assist in selecting the successful bidder as necessary.
Construction
Civil Survey Consultants will provide one set of construction stakes for the improvements. Civil Survey
Consultants will be available to answer questions during construction and attend meetings to resolve
construction issues. Construction observation and construction management will be provided by the
City of Meridian. Civil Survey Consultants will prepare monthly payment estimates during construction
and submit them to the City for approval. Civil Survey Consultants will evaluate any change order
requests and provide a recommendation to the City regarding approval.
Record Drawings
Civil Survey Consultants will prepare record drawings of the completed improvements. The City of
Meridian will provide one set of red-lined plans showing any changes that occur during construction.
Civil Survey Consultants will prepare record drawings based upon the red-lined plans and provide the
City one hard copy and one electronic copy in ". pdf' fonnat.
Grady
February 1,2006
Page 3 of 3
Fees
Civil Survey Consultant will provide the design services as outlined above for a not to exceed amount of
$33,145.00 unless approved in writing by the City of Meridian. Civil Survey Consultants will provide
construction services on a time and materials basis. The current estimate for construction services is
$7,280.00. A man-hour and fee estimate is attached.
Sincerely,
CIVIL SURVEY CONSULTANTS, INC.
Ã~
Tim Burgess, P .E.
Task Description
__un.
1. Coordination aQCIMeetin~
1-2_Design Surveys
3.. Preiiminary Plans
3. Finai Plans
4. Bid Documents
-,,--
5. Bidcilng & A,>\'ard - - -
- 6. Construction Staking
7. Construction Assistance
Total Man-Hours
Classification
Project Manager
Chief °l.s.urveys
J-I"()ject Engineer
land Surveyor -
Design Engineer 1
Design Engineer 2 - - - - ------
Designl§.urve)'_!echnician 1
DesigniSurvey Technician 2
Civil Survey Consultants
Man-Hour and Fee Estimate
City of Meridian
Broadway Avenue - Meridian Road to Fifth Street Utility Replacement
Project
Manager
2
1
2
2
2
1
-
-
10 $
----1----$-
57 n~
.¡ $
------I------¡¡a- ~
120 Jì-
~ ~
~-$
--,
Labor Subtotal
Ciassification
Misc. Printing --------
GPS_-- - u_----
Pothole Utilities - Circle H
__un_,
i----
Direct Subtotal
Total Estimated Design Fees
BROADWAY UTILITIES,xis
2
12
Design Services
Hours
-
.'-,---
340
Hrs
- ----
80
,--
--,-
Chief Of
Surveys
1
,- ,- - --
1
Rate
100.00
100.00
85.00
75.00
75.00
70.00
65.00
.-------
60.00
Rate
Project
Engineer
4
4
24
24
1
40
-_un_,
97
Total
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$ 100,00
L4,8~,()0
$ 300,00
1.. 5,10000
_LJI,~OO.OO
$ 2,600,00
L~OO.OO
$ 24,745.00
Totai
$
Cost $ 200.00
- - 40,001 3,200.00
Cost $ 5,000.00
,--
$
8,400,00
$ 33,145,00
land
Surveyor
2
Design
Engineer 1
Design
Engineer 2
Designl
Survey
Tech. 1
2
--- I 80 I 40
28
4CJ1 -------¡o---.----
---
2
- .--,--
6
68
- --+----
24
-
-, -,
120
64
Classification
Project Manager
Chief Of Surveys
Project Engineer
land Surveyor
Design Engineer 1
Design Engineer 2
Design/Survey Technician 1
Design/Survey Technician 2
Labor Subtotai
Classification
Misc. Printing
GPS
Pothole Utilities - Circle H
Direct Subtotal
Totai Estimated Construction Fees
Design/
Survey
Tech. 2
GPS
Total
Man-Hours
---,
40 -¡-- 80
7-
-----1- -243 -
~--
108
26 _n
-----z=-
50
,,0---
- ---1-----+--
24
--=--1- 48
-,-
---
64
128
470
Construction Servcies
Hours I Rate
Total
1---2.----- $ - 100,00 $-200,06
0- $ 100,00 ~-- --
~ $-85,00 $-3,400,00
I-- 2 - $ - 75,00 $ ------;¡SO~ÒO-
~-$ 75,00 $-
0 $ 70.00 - $----
1-- _24 $ - -65.00 $1,560.00
0 $ 60.00 $ - - --
68
$
5,310.00
Hrs
Rate
Totai
-, Ji= ft="
-,,---- -- -
Cost $ 50.00
- 48------ $' - _<tO~OÖ- $ _1,920.00-
Cost $ -
, ___un'
-,-- -- -=t-
,-
-,-,
$
1,970,00
$
7,280.00