city council august 6, 2019 meeting agenda 6:00 pm ...€¦ · north idaho centennial trail...

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Location: City Council Chambers, 408 N. Spokane Street, Post Falls, ID 83854 WORKSHOP – 4:30 pm Basement Conference Room Topic: CityLink Discussion REGULAR MEETING – 6:00 pm City Council Chambers CALL TO ORDER BY MAYOR JACOBSON PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL MEMBERS Kerri Thoreson, Alan Wolfe, Joe Malloy, Steve Anthony, Lynn Borders, Linda Wilhelm CEREMONIES, ANNOUNCEMENTS, APPOINTMENTS, PRESENTATION a. North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director AMENDMENTS TO THE AGENDA Final action cannot be taken on an item added to the agenda after the start of the meeting unless an emergency is declared that requires action at the meeting. The declaration and justification must be approved by motion of the Council. DECLARATION OF CONFLICT 1. CONSENT CALENDAR The consent calendar includes items which require formal Council action, but which are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar in order that it be discussed in greater detail. Explanatory information is included in the Council agenda packet regarding these items and any contingencies are part of the approval. ACTION ITEM a. Minutes – July16, 2019 City Council Meeting b. Payables – July 29, 2019 – July 29, 2019 c. Master Development Agreement for the Berkshire Place Subdivision d. Master Development Agreement for the Tullamore 8 th Addition Subdivision e. Construction Improvement Agreement for Foxtail 4 th Addition f. Construction Improvement Agreement for Berkshire Place g. IT Department Request to Dispose of Various Computer and Equipment h. Real Life Ministries Grant of Right-Of-Way and Easements i. Pier 20 & 21 Re-Plat Application j. Agreement with Premier Powder Coating & Custom Fabrication for 21 Park Benches and 16 Park Trash Receptacles for Various City Parks. k. Bid from Cooper Fabrication for Guard Rail and ADA Hand Rail for Black Bay Depot CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM

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Page 1: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Location: City Council Chambers, 408 N. Spokane Street, Post Falls, ID 83854

WORKSHOP – 4:30 pm Basement Conference Room Topic: CityLink Discussion REGULAR MEETING – 6:00 pm City Council Chambers CALL TO ORDER BY MAYOR JACOBSON PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL MEMBERS Kerri Thoreson, Alan Wolfe, Joe Malloy, Steve Anthony, Lynn Borders, Linda Wilhelm CEREMONIES, ANNOUNCEMENTS, APPOINTMENTS, PRESENTATION

a. North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director

AMENDMENTS TO THE AGENDA Final action cannot be taken on an item added to the agenda after the start of the meeting unless an emergency is declared that requires action at the meeting. The declaration and justification must be approved by motion of the Council. DECLARATION OF CONFLICT 1. CONSENT CALENDAR The consent calendar includes items which require formal Council action, but which are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar in order that it be discussed in greater detail. Explanatory information is included in the Council agenda packet regarding these items and any contingencies are part of the approval. ACTION ITEM

a. Minutes – July16, 2019 City Council Meeting b. Payables – July 29, 2019 – July 29, 2019 c. Master Development Agreement for the Berkshire Place Subdivision d. Master Development Agreement for the Tullamore 8th Addition Subdivision e. Construction Improvement Agreement for Foxtail 4th Addition f. Construction Improvement Agreement for Berkshire Place g. IT Department Request to Dispose of Various Computer and Equipment h. Real Life Ministries Grant of Right-Of-Way and Easements i. Pier 20 & 21 Re-Plat Application j. Agreement with Premier Powder Coating & Custom Fabrication for 21 Park Benches and 16

Park Trash Receptacles for Various City Parks. k. Bid from Cooper Fabrication for Guard Rail and ADA Hand Rail for Black Bay Depot

CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM

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City of Post Falls City Council Agenda August 6, 2019

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l. Contract with Land Expressions for Splash Pad Construction at Beck Park m. Contract with Intermountain Playground Co. for Playground Installation at Black Bay Depot n. Public At-Grade Crossing Agreements with Union Pacific Railroad o. Auditing Contract with Anderson Bro, CPA’s, P.A. p. Contract with Architectural Hardware, Inc for Door and Hardware at Black Bay Depot q. Contract with Modern Glass for Windows and Glass at Black Bay Depot r. Contract with Idaho/Washington Fence for Fencing at Black Bay Depot

2. PUBLIC HEARINGS Items listed as public hearings allow citizen comment on the subject matter before the Council. Residents or visitors wishing to comment upon the item before the Council should follow the procedural steps. In order to testify, individuals must sign up in advance, providing sufficient information to allow the Clerk to properly record their testimony in the official record of the City Council. Hearing procedures call for presentation by the applicant, submission of information from City staff, followed by public testimony. The rules for testifying include the following: applicant will have 15 minutes to present their project; testimony by the public will be limited to 4 minutes per person. Testimony at public hearings on applications brought forth from the Planning & Zoning Commission can be used to reaffirm previous testimony. 3. UNFINISHED BUSINESS

a. FY 2020 Budget Summary ACTION ITEM b. Additional Services Agreement with McMillen Jacobs for the Outfall and River Crossing

ACTION ITEM c. Black Bay Park Vision Plan Final Plan Presentation ACTION ITEM

(Due to the size of the Black Bay Park Vision Plan it can be viewed on the City’s website on the Parks Department page)

4. CITIZEN ISSUES This section of the agenda is reserved for citizens wishing to address the Council regarding a City-related issues that are not on the agenda. In order to ensure adequate public notice, Idaho Law provides that any item requiring Council action must be placed on the agenda of an upcoming Council meeting, except for emergency circumstances. Comments related to future public hearings should be held for that public hearing. Repeated comments regarding the same or similar topics previously addressed are out of order and will not be allowed. Persons wishing to speak will have 5 minutes. Comments regarding performance by city employees are inappropriate at this time and should be directed to the Mayor, either by subsequent appointment or after tonight’s meeting, if time permitting. 5. NEW BUSINESS

a. Howell Sewer Interceptor – Recommendation to Award ACTION ITEM b. 2019 Well Drilling – Recommendation to Award ACTION ITEM c. Proposed Land Exchange with Lamb Storage ACTION ITEM

6. ORDINANCES AND RESOLUTIONS Ordinances and resolutions are formal measures considered by the City Council to implement policy which the Council has considered. Resolutions govern internal matters to establish fees and charges pursuant to existing ordinances. Ordinances are laws which govern general public conduct. Certain procedures must be followed in the adoption of both ordinances and resolutions; state law often establishes those requirements.

a. Ordinance – Title 18A Text Amendment ACTION ITEM b. Ordinance – City Council Salary Amendment ACTION ITEM c. Ordinance – Mayor Salary Amendment ACTION ITEM

7. ADMINISTRATIVE / STAFF REPORTS

a. Highway 41 Widening Report Update

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City of Post Falls City Council Agenda August 6, 2019

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8. MAYOR COMMENTS

9. COUNCIL COMMENTS

10. EXECUTIVE SESSION Certain City-related matters may need to be discussed confidentially as a matter of law subject to applicable legal requirements; the Council may enter executive session to discuss such matters. ADJOURNMENT

Questions concerning items appearing on this Agenda or requests for accommodation of special needs to participate in the meeting should be addressed to the Office of the City Clerk, 408 Spokane Street or call 208-

773-3511. City Council and City commission meetings are broadcast live on Post Falls City Cable on cable channel 1300 (formerly 97.103). City videos are also available as video on demand on the City website.

Mayor Ronald G. Jacobson

Councilors: Kerri Thoreson, Alan Wolfe, Joe Malloy, Steve Anthony, Lynn Borders, Linda Wilhelm

Mission The City of Post Falls mission is to provide leadership, support common community values, promote citizen

involvement and provide services which ensure a superior quality of life.

Vision Post Falls, Idaho is a vibrant city with a balance of community and economic vitality that is distinguished by its

engaged citizens, diverse businesses, progressive leaders, responsible management of fiscal and environmental resources, superior service, and a full range of opportunities for education and healthy

lifestyles.

“Where opportunities flow and community is a way of life”

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Calendar of Meetings & Events

Aug 6 4:30 pm Council Workshop – City Link Aug 6 6:00 pm City Council Aug 8 1:30 pm KMPO Meeting Aug 8 5:00 pm Live After 5 Concert – Tullamore Park Aug 13 6:00 pm Planning & Zoning Commission Aug 15 8:00 am Urban Renewal Agency Aug 15 5:00 pm Live After 5 Concert – Tullamore Park Aug 20 5:00 pm Council Workshop – Parking Code Change for Title 18A Aug 20 6:00 pm City Council Aug 22 5:00 pm Live After 5 Concert – Tullamore Park Aug 24 10:00 am Cops & Kids Event at Police Department Aug 27 3:00 pm Joint Workshop on the Downtown Area at Police Department Community Room Aug 29 5:00 pm Live After 5 Concert – Tullamore Park Sept 2 Labor Day – City Business Offices will be closed Sept 3 First Day of School Sept 3 5:00 pm Council Workshop – Waste Water Collections Master Plan Sept 3 6:00 pm City Council Sept 7 5:30 pm Water Lantern Festival at Q’emiln Park Sept 10 6:00 pm Planning & Zoning Commission Sept 12 1:30 pm KMPO Meeting Sept 17 5:00 pm Council Workshop – Parks Master Plan Findings And Visioning. Joint workshop with Parks & Recreation Commission Sept 17 6:00 pm City Council Sept 19 8:00 am Urban Renewal Agency Sept 24 6:00 pm Parks & Recreation Commission Oct 1 6:00 pm City Council Oct 8 6:00 pm Planning & Zoning Commission Oct 10 1:30 pm KMPO Meeting Oct 15 5:00 pm Council Workshop Oct 15 6:00 pm City Council Oct 17 8:00 am Urban Renewal Agency Oct 31 Halloween

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Post Falls City Council Meeting       August 6, 2019  Council Agenda Memorandum TO: Mayor Ron Jacobson Council President Linda Wilhelm

Councilors Kerri Thoreson, Steve Anthony Joe Malloy, Alan Wolfe, Lynn Borders

Legal Counsel Warren Wilson FROM: Shelly Enderud, City Administrator CC: Department Heads

4:30 Workshop - CityLink Discussion

Announcements, Presentations North Idaho Centennial Trail Foundation Presentation - Tabitha Kraack, Exec. Director Consent Calendar C) Master Development Agreement, Berkshire Place - The MDA for the eight (8) lot R-1 subdivision approved by the Planning and Zoning Commission is before you. The development is located west of N. Chase Road and north of Poleline Ave. If approved, the Mayor shall sign the MDA. D) Master Development Agreement, Tullamore 8th Addition - The MDA for the eight (8) lot R-1 subdivision is approved by the Planning and Zoning Commission is before you. The development is east of Charleville Road, north of Killdeer Ave. and west of Highway 41. If approved, the Mayor shall sign the MDA. E) Construction Improvement Agreement - City Engineer Bill Melvin submits for approval a CIA for the 36 lot Foxtail 4th subdivision. It sets forth the responsibilities of the City and the developer. If approved, the Mayor shall sign the agreement. F) Construction Improvement Agreement - Also before you is a CIA for the Berkshire Place 8 lot subdivision which sets forth the responsibilities of the City and the developer. If approved, the Mayor shall sign the agreement. G) Information Technology Request to Surplus Equipment - IT Manager Michael Kirby requests that Council declare the listed equipment as surplus and authorize disposal. The items are no longer useful for City operations.

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Council Memo August 6, 2019 page two H) Real Life Ministries Grant of ROW and Easement - City Engineer Bill Melvin requests approval and Mayor signature on the grant documents provided for the Real Life property development, per approved site improvements. I) Pier 20 & 21 Re-plat Application - Mr. Melvin requests Mayor signature on the re-plat for the named subdivision. The developer has provided surety for the remaining improvements. J) Agreement for Park Benches and Trash Receptables - Parks Planner Robbie Quinn requests approval of an estimate with Premier Powder Coating & Custom Fabrication to provide 21 park benches and 16 trash receptacles. The items will be placed in the listed parks to replace older fixtures and provide a uniform look throughout our parks system. Total cost is $49,496.05 to be paid out of the various park budgets as shown. K) Bid for Patio and ADA Railing - Mr. Quinn also requests approval of the bid to provide fabrication and installation of handrail and/or guardrail for the patio and path from the parking lot at Black Bay Depot. Cooper Fabrications, Inc. has provided a bid of $18,550 to be paid out of the Black Bay Depot landscape budget line. L) Beck Park Splash Pad - Also presented is a bid with Land Expressions to construct the splash pad for Beck Park, which includes excavation, concrete and site restoration. This vendor has satisfactorily constructed the popular splash pads in two other City parks. Fee is $109,880 to be paid out of the Parks Construction budget line. M) Contract for Playground Installation - Presented is a bid approval request with Intermountain Playground Co. to install material and labor for the playground equipment install at the Black Bay Depot. This fee is $11,453 to be paid out of Black Bay Depot landscape budget line. N) Public At-Grade Railroad Crossing Agreements - Mr. Melvin presents two agreements between the City and Union Pacific Railroad for the Grange Ave. and Spokane St. crossings. The Idaho Dept. of Transportation will purchase permanent easements to enable sufficient right of way for the City to complete traffic improvement projects. There is no cost to the City; letters from ITD showing their funding obligations are shown. If approved, the Mayor shall sign the agreements. O) Audit Engagement Letter with Anderson Bros., CPA’s - Finance Director Jason Faulkner presents a Letter of Engagement to perform the noted services which fall within the three-year contract which is in place with Anderson Bros. If approved, the Mayor shall sign the Engagement Letter. P) Contract for Black Bay Depot Doors and Hardware - Construction Supervisor Michael Zimmerman requests approval to enter into an agreement with Architectural Hardware, Inc. Their bid cost is $36,691. These fixtures, along with the two items following on this agenda for Black Bay, will be paid out of Park impact fees. Q) Contract for Black Bay Depot Windows and Glass - Also requested to be approved is the bid from Modern Glass to provide the windows and other glass fixtures at the Depot. Cost is $17,093. R) Contract for Black Bay Depot Fence - Lastly, the proposal for the fence to surround the facility is presented. The bid from Idaho/Washington Fence is in the amount of $8,080.

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Council Memo August 6, 2019 page three Unfinished Business A) FY 2020 Budget Summary - Mr. Faulkner has provided a summary of the upcoming budget broken down by fund. A public hearing has been noticed for the August 20, 2019 Council meeting. He will answer any questions you may have. B) Additional Services Agreement for Outfall and River Crossing - Utilities Manager Craig Borrenpohl requests approval of an additional agreement with McMillen Jacobs, who is contracted with us for construction management and general contractor services for this project. The Idaho DEQ requires a Quality Assurance Project Plan to coordinate with regulating agencies in the tasks listed. McMillen Jacobs fee for this additional work is $19,340 to be paid out of Water Reclamation CIP budget. If approved, the Mayor shall sign the agreement. C) Black Bay Park Vision Plan Final Plan Presentation - Parks Manager Bryan Myers and Civitas, Inc. Principal Scott Jordan will present the final conceptual master plan for the park improvements. Council, staff and the public have had many opportunities for review and comment over the past few months. After presentation and discussion, Council should either approve the Plan as presented or provide other direction. New Business A) Howell Sewer Interceptor - Utilities Project Manager Andrew Arbini requests Council award the bid for the project to S&L Underground. The is for the pipe boring project with UPRR which was approved at the March 5, 2019 Council meeting. Six bids were received with S&L the lowest responsive bid. Their fee is $1,034,861 and a 5% contingency of $51,743 is requested. Cost to be paid out of the project designated budget line. If approved, the Mayor shall sign the award document. B) 2019 Well Drilling – Mr. Arbini also requests approval to award the bid for drilling of two wells to the only responsive bidder, O’Keefe Drilling. Their fee is $526,041 and a 5% contingency of $26,302 is also requested. Cost to be paid out of the designated project budget line. C) Proposed Land Exchange - Parks and Recreation Manage Dave Fair presents a proposal to exchange land with Lamb Storage, who owns property next to our Community Garden on Third Avenue, with the area described. This will assist Lamb in their site development and add to the City’s garden area and provide a drainage easement. If approved, Council should direct that a public hearing be scheduled for comment. Ordinances A) Title 18A Text Amendment - The ordinance to adopt the amendment as presented and approved at the May 21, 2019 public hearing is before you. Sections amended are the Building Configuration and Landscape Standards. Council shall either adopt the ordinance or take no action. B) City Council Salary Amendment - This ordinance provides that as of January 1, 2020 the members of the Post Falls, Idaho City Council shall receive an annual salary of $10,282. Council shall either adopt the ordinance or take no action.

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Council Memo August 6, 2019 page four C) Mayor Salary Amendment - This ordinance provides that as of January 1, 2020 the Mayor of Post Falls, Idaho shall receive an annual salary of $24,678. Council shall either adopt the ordinance or take no action. Staff Reports A) Highway 41 Widening Update - Asst. City Engineer Rob Palus will provide a second report on the project progress and will answer any questions. cc memo 8-6-19.doc

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Location: City Council Chambers, 408 N. Spokane Street, Post Falls, ID 83854

WORKSHOP – 5:00 pm Basement Conference Room Topic: FY2020 Budget ROLL CALL OF CITY COUNCIL MEMBERS Kerri Thoreson, Joe Malloy, Steve Anthony, Lynn Borders, Linda Wilhelm - Present Alan Wolfe - Excused Jason Faulkner, Finance Director: Welcome to our second workshop on the FY2020 Budget. Some upcoming dates are as follows: July 16th – Adopt the Fee Resolution August 6th – Under Unfinished Business on the agenda we will go over the budget summary w/legal notice. August 20th- Public Hearing on the FY2020 Budget Council wants to have a special meeting with Department Heads to go over the line item budget. The City Clerk will set this up with Mr. Faulkner. Discussion of Mayor and Council Salaries Teresa Benner, Human Resources Director: Since the last finance workshop in June with Mayor and Council members, we’ve looked at Mayor/Council salary date from 22 Idaho agencies that represent a broad range of populations over 10,000 and provides the per capita income. The information was obtained between January and March of this year through AIC and from the reported agencies. We removed Lewiston and Twin Falls from the initial survey because their structure did not provide the same comparison to the other agencies. The average per capita annual salary for Council members is $16,624 and Post Falls is behind this figure by approximately 65% at $9,972. The average per capita annual salary for the Mayor position is $85,054.97 and Post Falls is substantially behind this figure at just $21,459. It has been 12 years since Council or the Mayor received any salary adjustments. I would suggest a 5% increase on the Council side and consider at least a 10 to 15% increase this year for the Mayor’s position with some provision of continuing to increase the salaries every other year until the positions are closer to the median range. Council was good with moving forward with the salary increases. Councilor Malloy asked that the Councilor salary increase be on a difference Resolution than the Mayor’s so that each issue can be voted on separately. The resolutions will come forward on the August 6th Council Agenda so that we can meet the August 22 deadline for publishing a change.

CITY COUNCIL JULY 16, 2019 MEETING MINUTES 6:00 PM

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City of Post Falls City Council Minutes July 16, 2019

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Credit Card Fees Faulkner: When citizens pay their bill and use a credit card there is a fee associated with that. that fee is from the 3rd party processing service. We never get the fee. The 3rd party takes the fee out before they send the payment to us. Council agreed to keep things the way they are. Department Requests Faulkner: In this budget cycle we are not funding the requests for one police officer, turf grass specialist, street maintenance worker, and a parks custodian. One option we have is if we took an increase of 2.3% in the property tax, we could hire these positions. For staff the overall COLA increase this year is 3% and merit is 2%. Health care costs will be going up about 23%. We will be looking at some changes in our health care to lower the costs. Council requested looking at the line item budget so that they can see the health of the City. This would help them make better decisions on the budget. Mr. Faulkner brings a balanced budget to Council but wants them to know what else we can do with a property increase so that they can have options. Staff would like to know for the future how the Council would like to see the budget presented to them. We do have a committee that has been reviewing all the line items and cleaning them up. Council overall wants to go over the budget line by line. A special meeting will be set up for this. WORKSHOP ADJOURNMENT 5:51 PM REGULAR MEETING – 6:00 pm City Council Chambers CALL TO ORDER BY MAYOR JACOBSON PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL MEMBERS Kerri Thoreson, Joe Malloy, Steve Anthony, Lynn Borders, Linda Wilhelm - Present Alan Wolfe - Excused CEREMONIES, ANNOUNCEMENTS, APPOINTMENTS, PRESENTATION

a. The Annual K9 Golf Tournament fundraiser is this Friday, July 10th at 9am at the Links Golf Course. The fundraiser is hosted by the Post Falls Police K9 Unit and all proceeds go to support the Post Falls K9 Program. For tickets contact the Links Golf Club.

b. The Post Falls Sprint Triathlon & Duathlon is August 4th at 8am at Q’emiln Park. The race consists of a .3-mile swim, 12-mile bike ride, and a 3-mile run. Visit the City’s website for online registration and information.

AMENDMENTS TO THE AGENDA Final action cannot be taken on an item added to the agenda after the start of the meeting unless an emergency is declared that requires action at the meeting. The declaration and justification must be approved by motion of the Council. Mayor asked if someone would make a motion to move Consent Calendar item e Master Development Agreement for Coleman Acres Subdivision to Unfinished Business for more information.

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City of Post Falls City Council Minutes July 16, 2019

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Motion by Malloy to move Consent Calendar item e Master Development Agreement for Coleman Acres to Unfinished Business for more information. Second by Thoreson. Vote: Thoreson-Aye, Malloy-Aye, Anthony-Aye, Borders-Aye, Wilhelm-Aye. Motion Carried DECLARATION OF CONFLICT None 1. CONSENT CALENDAR The consent calendar includes items which require formal Council action, but which are typically routine or not of great controversy. Individual Council members may ask that any specific item be removed from the consent calendar in order that it be discussed in greater detail. Explanatory information is included in the Council agenda packet regarding these items and any contingencies are part of the approval. ACTION ITEM

a. Minutes – July 2, 2019 City Council Meeting b. Minutes – July 8, 2019 City Council Infrastructure Tour c. Payables – June 25, 2019 – July 8, 2019 d. Master Development Agreement Addendum for Peregrine Place Subdivision. e. Master Development Agreement for Coleman Acres Subdivision – Item moved to

Unfinished Business f. Infinity Edge Estates Subdivision Plat Application. g. Beck Park Splash Pad Drainage Provisions

Motion by Malloy to approve the Consent Calendar as amended. Second by Thoreson. Vote: Wilhelm-Aye, Malloy-Aye, Anthony-Aye, Thoreson-Aye, Borders-Aye Motion Carried 2. PUBLIC HEARINGS Items listed as public hearings allow citizen comment on the subject matter before the Council. Residents or visitors wishing to comment upon the item before the Council should follow the procedural steps. In order to testify, individuals must sign up in advance, providing sufficient information to allow the Clerk to properly record their testimony in the official record of the City Council. Hearing procedures call for presentation by the applicant, submission of information from City staff, followed by public testimony. The rules for testifying include the following: applicant will have 15 minutes to present their project; testimony by the public will be limited to 4 minutes per person. Testimony at public hearings on applications brought forth from the Planning & Zoning Commission can be used to reaffirm previous testimony.

a. Green Meadows 1st Addition Annexation ACTION ITEM Public Hearing Opened at 6:03 pm. Staff Report Jon Manley, Planning Manager presenting: Owner: River City Properties, LLC Applicant: Olsen Engineering The City Council is being asked to review the annexation request of approximately 40 acres and to make a decision of approval or denial of the proposed mixed zoning of Single Family (R1) Residential, Medium Density Multi-Family (R2) Residential and Community Commercial Services (CCS) zoning designation. To the north of the subject site is W. Prairie Ave which is a minor arterial and to the west running north and south is Greensferry Rd which is also a minor arterial, and to the east is Highway 41 which is a principal arterial and then we have Killdeer Land to the south which is a local street. The requested zoning to the south of the property is R-1 and to the north it is R-2 and

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City of Post Falls City Council Minutes July 16, 2019

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CCS for a zoning designation. The property is approximately 40 acres of Agricultural land in the County, there is no significant topology or vegetation. Water will be provided by Ross Point Water District and sewer by the City of Post Falls. The Planning & Zoning Commission reviewed this on May 14th and recommend approval. They found it is:

Consistent with the Future Land Use Map Consistent with the Goals and Policies Found on the Comprehensive Plan Zoning is assigned following consideration of such items as street classification, traffic

patterns, existing development, future land uses community plans, and geographic or natural features.

Commercial and high-density residential zoning is typically assigned along streets with a higher road classification

Limited or neighborhood commercial and lower density residential zoning is typically assigned for properties as they proceed farther away from the higher intensity urban activity

Industrial zoning is typically assigned for properties with sufficient access to major transportation routes and may be situated away from residential zoning

The reason the CCS area is allowed is there area in the Future Land Use Map under Residential Land Use Designation in the Comprehensive Plan that says: Commercial uses/mixed uses may be considered in areas so designated on the Future Land Use Map. Commercial uses may also be considered in areas adjacent to arterial/collector streets where traffic volume exceeds 4,000 vehicles per day by a special review process. The traffic volume is projected to be approximately 20,000 vehicles per day on Prairie Ave by 2035. Annexation Conditions:

All water rights associated with the property will need to be granted to the City, or to a municipal water purveyor designated by the City, in order to provide service to the property.

Dedications of Rights-of-Way and Easements on Prairies Ave. and Killdeer Lane. Payment of a sanitary sewer surcharge per service unit if property is designated to be served

by the future 12th Ave. Site access subject to KMPO Critical Access Corridor Policy.

All other agencies have been notified and Kootenai County Fire & Rescue as well as the Post Falls Police Department both remain neutral on this proposed project. Anthony: When I was reading the application, they originally had a lot more R2 proposed. Were these changes made at Planning & Zoning? Manley: There were some changes through the process from pre-application to final application. That may also be a typo. Applicant Eric Olsen, Olsen Engineering: With our annexation just to the west of this proposal sanitary sewer will be brought up from Greensferry Elementary School and water lines as well. This is a logical next step as far as water and sewer are concerned. A preview of the subdivision that is being requested all infrastructure will be improved with a road that would connect with tonight’s subjected property. Some clips from the draft Comprehensive Plan focus provision of multi-family, commercial and tech uses near higher classified roadways and focus commercial along arterial collector streets and areas of high traffic volume. Post Falls recently annexed a portion of land dedicated for a Technology Park to be located near the northwest corner of Highway 41 and Prairie Ave. this was to help diversify land uses and boost demand for commercial services. This was the reason of including some commercial along Prairie Ave. Currently when you look at the current zoning map you will see mostly residential and only commercial being by Highway 41 so, we wanted to bring in commercial and be more consistent with the draft Comp Plan.

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City of Post Falls City Council Minutes July 16, 2019

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Testimony In Favor: None Neutral: None In Opposition: Lacey Green: I spoke at the last meeting regarding the effect having another development put in before having proper expansion of Prairie is looked into. The amount of traffic increase would be detrimental. With regards to having a traffic light put in, yes that will help but it will also make traffic back up. It is detrimental to the area. There is enough building going on in that area already that a grace period to see how the building already approved effects the area. Bob Flowers: Like at the last meeting this is betting on the come. Prairie will be 5 lanes one day, the park will be in there one day, 41 will be done in 2 to 3 years. I am not against the annexation. What I am against is the multiply zoning designations for a single piece of property. I have not seen anything that says how many acres in each zone. We all know with CCS when they can’t get a business in there, they turn it into high density multi-family and put apartments in there. I think if this was tightened up and list the acreage for each zoning. It is too much too quick. We are not really thinking ahead. Applicant Rebuttal Olsen: I did send an email to the Idaho Department of Transportation today about the status of 41 and was told it is still on schedule for construction on 2020/2021. This annexation is assembled from four ten-acre platted tracks and it is clear on the lines and have given the dimensions on the CCS. As far as Prairie improvements, you are going to get right-of-way from us. You are going to get impact fees from us. So, all those items can be used for the improvements on Prairie. Dave Fair, Parks and Recreation Director: In this area we are really looking at two parks. Tullamore Park just opened and falls within the one-mile radius. The second parks is a sports complex. We will be starting design this fall and into next June. Construction can go anywhere between 2020 to 2021, with an anticipated opening in 2021. Wilhelm: Is there going to be any place for kids to play there or just sports fields? Fair: It will be sports fields. We may have a small playground for the people using the fields if they bring kids. Public Hearing Closed at 6:35 pm. Wilhelm: I made several phone calls, ITD, people associated with the Teck Park, and the City Attorney. I asked the same question as Lacey Green to the City Attorney about annexing and giving it a zone then putting off development until Hwy 41 could be finished and legal counsel suggested that is not a good idea. I know Hwy 41 is going to be finished. All in all, I believe this mixed-use project is a good project. I am in favor of it. Anthony: When I look at this, 40 acres is going to take a while to develop. It is not going to happen overnight. I also like the infill part of it. I am in support of it. Borders: I like the project and think it fits that area well, but I have a huge concern about the County pocket that we are forming. I can see that it fits in that area well. Malloy: I really like this project two years from now. The park is a couple years off, Hwy 41 is a couple years off. I do like it abuts a currently approved development. There is so much building going on and it is getting so congested. I feel we need to pump the brakes and get ahead of the

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growth. I do have a concern the CCS could become R-3 in a hurry. If it was the end of 2020/2021, I would be all over this. Thoreson: I agree to a point. This is not going to be built out this year. I do like the CCS and that it is four platted ten acre tracks as far as zoning. I would support it. Motion by Wilhelm to approve Green Meadows 1st Addition Annexation File No. ANNX-0002-2019. Second by Anthony. Vote: Malloy-Nay, Anthony-Aye, Thoreson-Aye, Borders-Aye, Wilhelm-Aye Motion Carried

b. Intent to Sell Municipal Real Property Located at 310 N. Spokane St. ACTION ITEM Public Hearing Opened at 6:42 pm. Staff Report Warren Wilson, City Attorney presenting: The property was obtained in an exchange with Kootenai County in 2017 to facilitate a parking lot for the vehicle licensing office. in 2017 the City issued an RFP for potential purchasers but received no proposals. Since then the City has received inquiries from potential purchasers about the property. On June 18.2019 the City Council set $250,000 as the minimum price it would accept for the property and this hearing was scheduled to solicit public comment. The property is approximately .60 acres and is zone SC-5. If the Council elects to sell the property following the hearing, City Staff will auction the property using a sealed bid process. Testimony In Favor: None Neutral: None In Opposition: None Public Hearing Closed at 6:44 pm. Motion by Wilhelm to approve a sealed bid process for the property at 310 N Spokane St. Second by Thoreson. Vote: Anthony-Aye, Thoreson-Aye, Borders-Aye, Wilhelm-Aye, Malloy-Aye Motion Carried

c. Intent to Exchange Municipal Real Property ACTION ITEM Public Hearing Opened at 6:45 pm. Staff Report Dave Fair, Parks and Recreation Director presenting: The City began its survey work on the west end of the Corbin Ditch in 2013. The purpose of the survey was to verify our boundaries, check for encroachments and to determine if the land was suitable for a class one trail. That year we found encroachment with the Reinlands, (a property owner on the southwest side of the ditch). This was a complicated encroachment and took approximately five years to resolve. The result was that it left us with a section of land along Pleasant View that divided a corner of Mr. Lingle’s property and this in turn divided city property. In 2018 we had initial talks with Mr. Lingle on cleaning up the two parcel’s and making both properties undivided. The agreement was to trade an equal amount of land. This is identified on the survey map as tract B to go to Mr. Lingle on cleaning up the two

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parcel’s and making both properties undivided. The agreement was to trade an equal amount of land. Testimony In Favor: None Neutral: None In Opposition: None Public Hearing Closed at 6:47 pm. Motion by Wilhelm to approve the Lingle Corbin Ditch trade. Second by Borders. Vote: Thoreson-Aye, Borders-Aye, Wilhelm-Aye, Wilhelm-Aye, Malloy-Aye, Anthony-Aye Motion Carried 3. UNFINISHED BUSINESS Councilor Malloy: I am recusing myself from the item Declaring the Downtown Area to be a Deteriorating Area. Even though I have no ownership in any property in that area, people with the same last name do that I am directly related to, so to avoid any perception of conflict of interest I am going to recuse myself from voting on this.

a. Declaring the Downtown Area to be a Deteriorating Area. Robert Seale, Community Development Director presenting: In 2017, prior to the closure of the City Center District, a discussion began about the potential for creating a new district in the downtown area to continue and expand the work of the City Center district. A joint workshop was held with the Post Falls Urban Renewal Agency in September 2017 to discuss a draft map. Progress on the new Downtown Urban Renewal Area stopped for a time to allow the City and the Agency to focus on establishing the Technology District. Earlier this year the City retained JUB Engineers to prepare an eligibility study to determine if the area qualified for the establishment of an urban renewal area. The City Council and the Urban Renewal Commission held a joint workshop on April 16, 2019 to review the draft study and discuss the proposed boundaries. Since that time JUB has completed the eligibility study, which is attached for your review. The study finds that the area meets the factors identified in Idaho Code for a deteriorating area qualifying the area for inclusion in a potential urban renewal district. The Agency approved the eligibility study and potential boundaries at their meeting on July 9, 2019. If the Council approves the resolution declaring the area to be a deteriorating area, the next steps will be to prepare a legal description of the boundaries and develop an urban renewal plan and feasibility study, which will be presented to the Agency and the Planning & Zoning Commission prior to presentation to the City Council for final approval. Anthony: At some of the meetings there was some concerns about the size of the district. Is this the same size? Seale: There has been no changes in the size. Borders: How do we get the railroad to corporate with the Urban Renewal Agency. It has been a problem to get the railroad to clean things up, keep the weeds down and this is right in the center of the proposed district. Seale: This is a spur line and they come through once a week for supplies to Idaho Veneer and Plumber Forest Products. Idaho Veneer is looking to close in the not too distant future and Plumber

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Forest Products maybe as well then, the spur line would no longer be needed. Our hopes then is that the railroad would abandon the line and let us purchase it. This will be voted on under the Ordinance and Resolution Section.

b. Master Development Agreement for Coleman Acres Subdivision ACTION ITEM (moved from Consent Calendar)

Mayor: The reason I asked for this to be broken out is several years ago when that property was annexed and there was a property to the north being annexed staff asked the proponent to try and bring in the remaining island between Poleline and that property. When it came in one of the property owners made the comment to us that he could not develop that corner lot profitable as single-family residential and asked for an increase in density. I was against it, but I did not get to vote. It was approved and several months ago we had a proposal come forward where nobody like it. the reason I asked this to be moved is this is a slight increase in the density that was proposed by this proposal is significantly improved over what we saw before. Seale: this project went from being called Dobson Acres to Coleman Acres. It went from 35 units on 18 lots (7 single-family, 8 duplexes, 3 triplexes) to 43 mixed products (18 single family lots and 10 lots that will contain no more than 25 multi-family style family units). It also improved the street alignments. Mayor: There were concerns before on road and fire access. I think the new proposal is a better product than before. Motion by Wilhelm to approve the Master Development Agreement for Coleman Acres Subdivision. Second by Malloy. Vote: Wilhelm-Aye, Borders-Aye, Anthony-Aye, Malloy-Aye, Thoreson-Aye Motion Carried 4. CITIZEN ISSUES This section of the agenda is reserved for citizens wishing to address the Council regarding a City-related issues that are not on the agenda. In order to ensure adequate public notice, Idaho Law provides that any item requiring Council action must be placed on the agenda of an upcoming Council meeting, except for emergency circumstances. Comments related to future public hearings should be held for that public hearing. Repeated comments regarding the same or similar topics previously addressed are out of order and will not be allowed. Persons wishing to speak will have 5 minutes. Comments regarding performance by city employees are inappropriate at this time and should be directed to the Mayor, either by subsequent appointment or after tonight’s meeting, if time permitting. None 5. NEW BUSINESS

a. Commitment to Acquire Union Pacific Railroad Spur ACTION ITEM Bob Seale, Community Development Director presenting: The Idaho Transportation Department has requested a letter of commitment by the City in support of the elimination of the “Feeley” spur line, currently serving one customer located at the Prairie Ave and Meyer Rd intersection. By eliminating the spur line and acquiring the current Union Pacific Railroad right-of-way (consisting of 10.45 acres), the land could be utilized to extend the Prairie Trail System and connect with the remaining right-of-way previously acquired by the City of Coeur d’ Alene. In addition to the potential for the trail extension, the acquisition and future abandonment of the line will also remove four at grade public rail crossings as well as three future crossings, due to proposed backage roads, and allow for the expansion of Prairie Ave. Future construction of the Prairie Trail extension will be

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contingent upon grant funding opportunities or City general funds. Maintenance of future trail will likely fall to Parks Department personnel. Estimated acquisition costs based on recent appraisals is $365,750 and would come out of Park Impact Fees. Anthony: I know that Coeur d’ Alene was able to fund their portion with utility easements, could that be a potential source? Seale: I do not know if there are any utilities that need to go through there at this time. Motion by Wilhelm to approve sending the letter of commitment to acquire the Union Pacific Railroad Spur. Second by Malloy. Vote: Borders-Aye, Wilhelm-Aye, Malloy-Aye, Anthony-Aye, Thoreson-Aye Motion Carried 6. ORDINANCES AND RESOLUTIONS Ordinances and resolutions are formal measures considered by the City Council to implement policy which the Council has considered. Resolutions govern internal matters to establish fees and charges pursuant to existing ordinances. Ordinances are laws which govern general public conduct. Certain procedures must be followed in the adoption of both ordinances and resolutions; state law often establishes those requirements.

a. Resolution – FY 2020 Fees ACTION ITEM WHEREAS, the City of Post Falls annually reviews all fees during the budget process to ensure accuracy; and WHEREAS, periodic revisions to fees may be necessary; and WHEREAS, the City has fees already established; and WHEREAS, the City of Post Falls has determined that the fee schedule be amended to reflect the reasonable cost of providing the services; and WHEREAS, after public hearing has been held prior to the adoption of this resolution, regarding new and increased city fees, it is deemed by the City Council to be in the best interest of the City of Post Falls and the citizens thereof that the fee schedule be amended to include the new and increased fees which were addressed in the public hearing. NOW, THEREFORE, Be It Resolved by the Mayor and City Council of the City of Post Falls, Idaho that the following fee schedule, which reflect the new and amended fees and all other fees that have not been amended, be adopted for the City of Post Falls. Motion by Wilhelm to approve Resolution FY 2020 Fees. Second by Malloy. Vote: Wilhelm-Aye, Malloy-Aye, Anthony-Aye, Thoreson-Aye, Borders-Aye Motion Carried

b. Resolution – Declaring the Downtown Area to be a Deteriorating Area ACTION ITEM WHEREAS, the City of Post Falls has contracted with JUB Engineers to perform a study to determine whether the area depicted on the attached Exhibit “A”, which by this reference is incorporated herein, is eligible for inclusion in a new urban renewal area under the Idaho Urban Renewal Law and Local Economic Development Act; and WHEREAS, JUB Engineers has submitted an eligibility report dated June 2019, which is attached hereto as Exhibit “B” and by this reference is incorporated herein, that finds that the area depicted in Exhibit “A” meets the criteria for a deteriorating area as defined in the Idaho Urban Renewal Law; and WHEREAS, under I.C. 50-2018(9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in I.C. 22-4505(1) absent the consent of the owner of the

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agricultural operation except for an agricultural operation that has not been used for 3 consecutive years; and WHEREAS, the area depicted in Exhibit “A” does not contain any agricultural operations as defined in I.C. 22-4502(1); and WHEREAS, the Post Falls Urban Renewal Agency adopted Resolution 2019-02 on July 9, 2019 recommending that the City of Post Falls declare the area depicted in Exhibit “A” as a deteriorating area as defined in the Idaho Urban Renewal Law; and WHEREAS, Idaho Code Section 50-2018(18) states that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the county declaring a need for an urban renewal plan for the proposed area; and WHEREAS, the area depicted in Exhibit “A” is wholly within the city limits of the City of Post Falls; and WHEREAS, the City Council has evaluated both the eligibility study (Exhibit “b”) and the request of the Post Falls Urban Renewal Agency with regards to the lack of adequate infrastructure, diversity of property ownership and lot sizes and determined that the presence of deteriorating conditions substantially impairs the growth of the City of Post Falls by limiting the growth of the City’s downtown area as a vibrant mixed-use center. NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Post Falls that the property depicted in Exhibit “A” is a deteriorating area and is appropriate for an urban renewal project in the event that the city council elects to consider establishing this area for a project. This determination is based upon the following finding of the city council:

1. The land described in Exhibit “A” is located within the Post Falls city limits. 2. That the land described in Exhibit “A” does not contain any agricultural operations as defined

in I.C. 22-4502(1). 3. That there exists in the area depicted in Exhibit “A” a substantial number of deteriorated or

deterioration structures as discussed in Exhibit “B”. 4. That the area depicted in Exhibit “A” has a predominance of defective or inadequate street

layout including inadequate street infrastructure and limited north/south connectivity as discussed in Exhibit “B”.

5. That the area depicted in Exhibit “A” is limited by faulty lot layout in relation to size, adequacy, accessibility or usefulness as discussed in Exhibit “B”.

6. That the area depicted in Exhibit “A” has insanitary or unsafe conditions as discussed in Exhibit “B”.

7. That the area depicted in Exhibit “A” had deterioration of site or other improvements throughout the area as discussed in Exhibit “B”.

8. That the area depicted in Exhibit “A” has a diversity of ownership as discussed in Exhibit “B”. 9. That the area depicted in Exhibit “A” has conditions that endanger life or property by fire or

other causes as discussed in Exhibit “B”. 10. That the presence of these deteriorating area conditions in the area depicted in Exhibit “A”

substantially impairs or arrests the sound growth of the City of Post Falls, retards the provision of housing accommodations in the area and constitutes an economic and social liability in its present condition.

Motion by Wilhelm to approve Resolution Declaring the Downtown Area to be a deteriorating Area. Second by Anthony. Vote: Anthony-Aye, Thoreson-Aye, Borders-Aye, Wilhelm-Aye, Malloy-Abstain Motion Carried

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7. ADMINISTRATIVE / STAFF REPORTS a. Highway 41 Widening Report – Rob Palus Asst. City Engineer Presenting.

The Idaho Transportation Department is preparing for a future widening of Highway 41, which intersects with certain City Streets. Additionally, urban types of improvements are associated with the project, such as a multi-use paved pathway. And Memorandum of Understanding is being negotiated between the City and ITD, which outlines current financial obligations and long-term maintenance responsibilities. List of projects

12-foot multiuse path on east side of Hwy 41 Rebuild Traffic Signals at Poleline/Hwy 41, Prairie/Hwy 41, and Hayden/Hwy 41 New Traffic Signals at 16th/Hwy 41 and Hope Ave/Hwy 41 Restricted Turn Movements at 12th Ave/Hwy 41, Horsehaven/Hwy41, Early Dawn/Hwy41,

Killdeer/Hwy 41 Future Irrigation Sleeves Ongoing Operations & Maintenance

City of Post Falls Cost Break Down - Estimated City Share of Construction: $1.82 million

Transportation Impact Fees: $1,224,520 General Fund: $ 382,875 UPRR Mainline: $ 375,000 Irrigation Sleeves: $ 7,875 Urban Renewal: $ 60,000 Developer Contributions: $ 255,765

- Estimated Annual Operation & Maintenance Costs: Streets $ 50,000 Parks: $ 8,100

8. MAYOR COMMENTS

9. COUNCIL COMMENTS

10. EXECUTIVE SESSION Certain City-related matters may need to be discussed confidentially as a matter of law subject to applicable legal requirements; the Council may enter executive session to discuss such matters. None ADJOURNMENT 7:47 PM _________________________________________ Ronald G. Jacobson, Mayor _______________________________________ Shannon Howard, City Clerk

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Questions concerning items appearing on this Agenda or requests for accommodation of special needs to participate in the meeting should be addressed to the Office of the City Clerk, 408 Spokane Street or call 208-

773-3511. City Council and City commission meetings are broadcast live on Post Falls City Cable on cable channel 1300 (formerly 97.103). City videos are also available as video on demand on the City website.

Mayor Ronald G. Jacobson

Councilors: Kerri Thoreson, Alan Wolfe, Joe Malloy, Steve Anthony, Lynn Borders, Linda Wilhelm

Mission The City of Post Falls mission is to provide leadership, support common community values, promote citizen

involvement and provide services which ensure a superior quality of life.

Vision Post Falls, Idaho is a vibrant city with a balance of community and economic vitality that is distinguished by its

engaged citizens, diverse businesses, progressive leaders, responsible management of fiscal and environmental resources, superior service, and a full range of opportunities for education and healthy

lifestyles.

“Where opportunities flow and community is a way of life”

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Post Falls Check ApprovalCity of Post Falls

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

Fund: 001 - GENERAL FUND

Balance Sheet Accounts

VEN13481 Clint Perkins

INV0113406CheckAPMWB DAMAGE DEPOSIT REFUND 001-22080 250.00

250.00Balance Sheet Accounts Total:

Dept: 411 Mayor & Council

H001 H & H Business Systems, Inc.

AR118885CheckAPMWB COPIER MAINTENANCE 001-411.0000.66050 26.27

26.27Dept 411 Total:

Dept: 412 Information Systems

D070 Dell Marketing LP

10328194547CheckAPMWB Dell OptiPlex for Exec Assistant 001-412.0000.80010 912.91

912.91Dept 412 Total:

Dept: 413 General Services

H001 H & H Business Systems, Inc.

AR118885CheckAPMWB COPIER MAINTENANCE 001-413.0000.66050 35.00

35.00Dept 413 Total:

Dept: 414 Finance

B091 BDS

53980CheckAPMWB JULY DELINQUENT NOTICES 001-414.1445.62170 234.86

53715 UTILITY BILLING- JUNE 001-414.1445.62170 4,287.47

001-414.1445.62190 2,444.28

53980 JULY DELINQUENT NOTICES 001-414.1445.62190 117.24

C239 CMRS-FP

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C291 Coeur d' Alene Press

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V040 Office Depot

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347161495001 001-414.0000.63060 17.05

337294845001 001-414.0000.63060 34.99

347161495001 001-414.0000.63060 34.99

337294845001 001-414.0000.63060 10.38

337295143001 001-414.0000.63060 5.79

337828824001b 001-414.0000.63060 0.97

9,370.54Dept 414 Total:

Dept: 415 City Clerk

A510 AIC - Association of Id Cities

200005686CheckAPMWB ICCTFOA MBRSHP DUES 001-415.0000.62060 45.00

A4761 APS Inc

73744CheckAPMWB POSTAGE MACHINE INK 001-415.0000.66080 488.00

VEN03335 Francotyp-Postalia Inc

RI104119067CheckAPMWB POSTAGE METER RENTAL 001-415.0000.66080 135.00

H001 H & H Business Systems, Inc.

AR118885CheckAPMWB COPIER MAINTENANCE 001-415.0000.66050 17.51

685.51Dept 415 Total:

Dept: 417 Media/Cable Franchise

V059 VMI, Inc.

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7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

300533CheckAPMWB Automation Controller 001-417.0000.92075 195.00

300532 001-417.0000.92075 8,924.18

9,119.18Dept 417 Total:

Dept: 418 Human Resources

H001 H & H Business Systems, Inc.

AR118885CheckAPMWB COPIER MAINTENANCE 001-418.0000.66050 35.01

35.01Dept 418 Total:

Dept: 421 Police

VEN06595 ABRA Auto Body & Glass

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N276 Access Information Protected

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C220 Coleman Oil Co

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VEN04300 CW Wraps & Marketing, Inc

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9027 NEW CAR GRAPHICS 001-421.0000.90020 1,200.00

D102 DMS

2019-0716CheckAPMWB WEBSITE MAINTENANCE 001-421.0000.66043 75.00

2019-0716A SEVER MAINTENANCE 001-421.0000.66043 55.00

VEN01195 Empire Insignias

1907233CheckAPMWB UNIFORM PATCHES 001-421.4000.72000 190.00

F030 FedEx

6-596-68236CheckAPMWB SHIPPING 001-421.0000.63070 10.17

6-603-25790 001-421.0000.63070 19.74

G020 Galls, An Aramark Company

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H001 H & H Business Systems, Inc.

AR117892CheckAPMWB COPIER FEES 001-421.0000.66050 2.82

I153 Idaho State Police

S0001227CheckAPMWB QUARTERLY FEES 001-421.0000.67310 9,687.50

VEN13191 Intermax Networks

51770CheckAPMWB CONNECTION TO KOOT CO 001-421.0000.66043 475.00

I339 Interstate Business Center

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VEN09695 InThreadz, LLC

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001-421.4000.72020 8.50

K011 Kaminsky, Sullenberger & Associates, Inc

2019-19-19CheckAPMWB FTO SEMINAR B.SMITH 001-421.0000.64020 375.00

K080 Knudtsen Chevrolet and GMAC

RO6104171/1CheckAPMWB PFPD119 A/C REPAIR 001-421.0000.67170 751.91

K100 Kootenai County Solid Waste

10-82910.00 7.15.19CheckAPMWB PFPD SANITATION 001-421.0000.65050 160.80

L0195 Language Line Services

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L070 LexisNexis Matthew Bender

11540931CheckAPMWB COURT RULES BOOKS 001-421.0000.63010 65.43

M0613 MdE, Inc.

7972CheckAPMWB SOFTWARE MAINTENANCE 001-421.0000.66041 650.00

N2365 Northwest Paint & Body

19-07/9853CheckAPMWB Northwest Paint and Body Car 111 repair 001-421.0000.67170 2,232.81

P180 Perfection Tire

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VEN04390 Personnel Evaluation, Inc.

33067CheckAPMWB APPLICANT TESTING 001-421.0000.64020 20.00

P220 Post Falls Area Chamber of

9620CheckAPMWB RCLA TUITION - FLOOD 001-421.0000.64020 750.00

VEN12998 RACOM Corporation

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7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

19INV0756CheckAPMWB Dodge Charger New Police Car Builds (X3) 001-421.0000.90020 33,798.00

17015 PFPD142 MDC MOUNT 001-421.0000.90020 90.00

19INV0756 Dodge Charger New Police Car Builds (X3) 001-421.0000.90020 3,879.00

R1541 Ricoh USA Inc.

5057094540CheckAPMWB COPY FEES 001-421.0000.66050 106.78

32137375 COPIER LEASE - DETECTIVE 001-421.0000.66050 129.47

5057094539 COPY FEES 001-421.0000.66050 40.98

5057057849 CM CREDIT 001-421.0000.66050 -7.06

9027500403 COPIER LEASE-RECORDS/DISPATCH 001-421.0000.66050 542.56

VEN10063 Secure Ourtcomes Inc

469CheckAPMWB LiveScan Maitenance 001-421.0000.66041 1,679.00

S400 Super 1 Foods

06-2365305CheckAPMWB DETECTIVE MTNG SUPPLIES 001-421.0000.64010 15.50

VEN13479 Tom Pritchett

INV0113308CheckAPMWB VIN REFUND 001-421.1514.33207 5.00

T118 TPI Embroidery

15250CheckAPMWB PATROL HAT-WELCH 001-421.4000.72000 18.00

15289 PATROL HAT-CHRISTENSEN 001-421.4000.72000 18.00

15295 VEST TAGS-W. JOHNSON 001-421.4000.72000 42.00

VEN13528 Val Lindquist

INV0113699CheckAPMWB REFUND VIN CHARGES--OUSTIDE CITY LIMINTS001-421.1514.33207 5.00

65,752.23Dept 421 Total:

Dept: 423 Oasis

VEN01534 Contract Design Associates

44967CheckAPMWB Replacement chairs for Victim Services 001-423.1153.68400 1,731.40

VEN13531 Nixon Law Office

18159CheckAPMWB ICDVVA-LEGAL ASSIST-CUSTODY 001-423.1153.68400 1,500.00

18160 ICDVVA ER CPOR-LEGAL ASSISTANCE 001-423.1153.68400 1,005.00

P4835 ProPrint

54668CheckAPMWB ICDVVA CRIME LOG BOOKS 001-423.1153.68400 1,498.00

VEN02102 Stevens, Randi M.

405CheckAPMWB VAWA SUPPORT GROUP-MAY 001-423.1141.68400 500.00

406 VAWA SUPPORT GROUP-JUNE 001-423.1141.68400 400.00

404 VAWA SUPPORT GROUP-APRIL 001-423.1141.68400 400.00

7,034.40Dept 423 Total:

Dept: 424 Legal

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-424.0000.64030 73.55

L070 LexisNexis Matthew Bender

11540257CheckAPMWB CODE BOOK UPDATES 001-424.0000.63010 65.43

1149185X CODE SUPPORT PKG 001-424.0000.63010 496.32

T089 Thomson West

840197885CheckAPMWB LEGAL SUPPORT 001-424.0000.63010 468.00

840528584 MONTHLY INFORMATION CHARGES 001-424.0000.63010 468.00

1,571.30Dept 424 Total:

Dept: 427 Animal Control

C220 Coleman Oil Co

CL96604CheckAPMWB PATROL, ANIMAL SAFETY FUEL 001-427.0000.64030 118.07

K100 Kootenai County Solid Waste

10-83573.00 7.15.19CheckAPMWB ANIMAL SHELTER SANITATION 001-427.0000.65004 25.60

VEN10219 Lake City Pet Hospital

12283CheckAPMWB VET SERVICES 19PF3304 001-427.0000.62040 45.00

VEN10924 Panhandle Animal Shelter

PF11CheckAPMWB ANIMAL SHELTER VACCINES 001-427.0000.63000 638.19

826.86Dept 427 Total:

Dept: 431 Streets

A1395 Advanced Compressor & Hose Inc

Page 25: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 4 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

76928CheckAPMWB FITTINGS 001-431.0000.68130 14.63

VEN13294 Advanced Traffic Products, Inc

0000024275CheckAPMWB LED Traffic Signal lights 001-431.0000.95215 56,841.98

A302 Alpine Products Inc.

TM-186794CheckAPMWB STREET TABS 001-431.0000.68110 1,003.20

A365 American On-Site Services

A-302234CheckAPMWB PORTABLE RR 001-431.0000.68130 55.00

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-431.0000.64030 3,135.85

I070 Idaho Asphalt Supply, Inc.

4-402792CheckAPMWB ASPHALT OIL 001-431.0000.68130 702.15

VEN01373 Intermountain Sign & Safety

10661CheckAPMWB LIME SAFETY VESTS 001-431.0000.63110 18.50

10634 ALUMINUM BLANKS 001-431.0000.63260 49.00

10638 SIGN BLANKS 001-431.0000.63260 55.00

I340 Interstate Concrete & Asphalt

445492CheckAPMWB GRAVEL - SHOP 001-431.0000.68130 238.98

435553 ASPHALT 001-431.0000.68130 204.60

435718 001-431.0000.68130 347.28

435567 001-431.0000.68130 199.98

445494 GRAVEL - SHOP 001-431.0000.68130 192.90

443147 Asphalt 001-431.0000.68130 5,869.24

434724 ASPHALT 001-431.0000.68130 181.02

442291 GRAVEL - LINCOLN ST 001-431.0000.68130 105.12

445447 Asphalt 001-431.0000.68130 10,847.20

445495 GRAVEL - BLACK FOREST 001-431.0000.68130 47.52

444652 GRAVEL - SUNSET 001-431.0000.68130 57.06

445493 GRAVEL - BLACK FOREST 001-431.0000.68130 47.70

444658 001-431.0000.68130 48.00

442848 GRAVEL - CATON 001-431.0000.68130 52.32

443667 GRAVEL - BLACK FOREST 001-431.0000.68130 51.00

442849 GRAVEL - LINCOLN ST 001-431.0000.68130 21.24

442287 001-431.0000.68130 50.88

443672 GRAVEL-CATON 001-431.0000.68130 52.50

435715 ASPHALT 001-431.0000.68130 44.70

K100 Kootenai County Solid Waste

10-80242.00 7.15.19CheckAPMWB CITY SHOP SANITATION 001-431.0000.68150 557.17

P325 Poe Asphalt Paving, Inc.

6691CheckAPMWB Asphalt 001-431.0000.68130 11,808.50

6663 001-431.0000.68130 10,293.00

P217 Porter W Yett Company, Inc.

19575-1CheckAPMWB 2019 Asphalt grinding 001-431.0000.68130 12,524.84

R251 Ranch & Home Ace Hardware

298659/1CheckAPMWB PROPANE 001-431.0000.68090 11.66

298867/1 PROPANE, SFTY GLASSES, GLOVES 001-431.0000.68090 86.23

298874/1 PAVING TOOLS 001-431.0000.68090 59.36

299130/1 PROPANE 001-431.0000.68090 38.57

298216/1 NAILS, NUTS, BOLTS 001-431.0000.68090 1.32

299589/41 PLUMBING TORCH KIT 001-431.0000.68130 32.39

297476/1 SAWZAL BLADE 001-431.0000.68130 20.69

S400 Super 1 Foods

04-1772237CheckAPMWB COOKING SPRAY-STRIPING 001-431.0000.68100 23.64

04-1758578 001-431.0000.68100 23.64

Z026 Ziegler Lumber Co #017

1017 224726CheckAPMWB SIGN POSTS 001-431.0000.63260 134.40

1017 21658 CONCRETE 001-431.0000.68130 44.90

1017 216992 001-431.0000.68130 44.90

1017 216879 001-431.0000.68130 208.58

116,448.34Dept 431 Total:

Dept: 432 Public Works Administration

Page 26: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 5 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

V040 Office Depot

342244637001CheckAPMWB Office Supplies - Comm Dev 001-432.0000.63060 60.78

60.78Dept 432 Total:

Dept: 433 Facility Maintenance

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-433.0000.64030 124.41

R251 Ranch & Home Ace Hardware

298613/1CheckAPMWB PLANT FOOD 001-433.0000.63730 4.13

298759/1 UMBRELLA SCREWS 001-433.0000.67030 5.56

299178/1 PICTURE HANGING HDWR 001-433.0000.67030 6.82

298743/1 GLOVES, TROWEL 001-433.0000.67030 24.54

299499/1 MAINT OFFICE REPAIRS 001-433.0000.67030 40.01

299489/1 STREETS OFFICE REPAIRS 001-433.0000.67030 26.78

R1691 River City Paint & Decorating

40053CheckAPMWB PAINT SUPPLIES 001-433.0000.68160 37.72

W0226 Walter E Nelson Co

385253CheckAPMWB TOWELS, SOAP, PAPER PRODUCTS 001-433.0000.63140 389.33

385066 CLEANING SUPPLIES 001-433.0000.63140 38.86

384733 PAPER PRODUCTS, CLEANING SUPPLIES 001-433.0000.63150 357.91

1,056.07Dept 433 Total:

Dept: 434 Fleet Maintenance

VEN07171 208Tools

06051943967CheckAPMWB SIGHTGLASS, MICRO TORCH 001-434.0000.67090 282.90

06051943969 TOOLS 001-434.0000.67090 210.65

A1395 Advanced Compressor & Hose Inc

76746CheckAPMWB NYLON FITTINGS 001-434.0000.63007 12.25

76964 S346 - SCHACKLE, SLIP HOOK 001-434.0000.67050 90.12

A0001 Alsco

LSPO2193534CheckAPMWB SHOP TOWELS, MATS, LAUNDRY 001-434.0000.63160 106.64

LSPO20198322 LAUNDRY 001-434.0000.63160 12.40

LSPO2198329 LALUNDRY, RUGS 001-434.0000.63160 106.64

LSPO2188575 MATS, SHOP TOWELS, LAUNDRY 001-434.0000.63160 106.64

LSPO2193527 LAUNDRY 001-434.0000.63160 12.40

LSPO2195908 001-434.0000.63160 12.40

LSPO2186007 001-434.0000.63160 12.40

LSPO2186012 SHOP TOWELS, MATS, LAUNDRY 001-434.0000.63160 62.16

LSPO2191057 SHOP TOWELS, LAUNDRY, MATS 001-434.0000.63160 62.16

LSPO2195913 SHOP TOWELS, MATS, LAUNDRY 001-434.0000.63160 62.16

LSP02191052 LAUNDRY 001-434.0000.63160 12.40

A497 Arrow Construction Supply, Inc

243691CheckAPMWB S513 SHUT OFF KIT 001-434.0000.67050 55.78

VEN09289 Emerald Services, Inc

80429027CheckAPMWB VAC SERVICES-OIL TANKS 001-434.0000.65113 1,094.78

80537252 VAC SERVICE-OIL TANKS 001-434.0000.65113 462.08

F145 Freightliner Northwest- Spokane

PC001447708:01CheckAPMWB Returned Air Tank 001-434.0000.67050 -229.87

PC001455614:01 S211 HOOD LATCH 001-434.0000.67050 67.38

PC001447973:01 W105 001-434.0000.67050 98.64

SR001099309:01 S219 REPAIRS 001-434.0000.67050 854.61

SR001099309 Service repair for s219 001-434.0000.67050 1,945.28

VEN08532 Kootenai Truck & Auto Repair

40428CheckAPMWB S217 REPAIRS 001-434.0000.67050 245.00

L060 Les Schwab Central Billing Dep

10500623671CheckAPMWB S554 FLAT REPAIR 001-434.0000.67050 35.95

10500622539 S603 TIRES 001-434.0000.67190 455.55

N001 Napa Auto Parts

941326CheckAPMWB HEAT SHRINK 001-434.0000.63007 140.75

941226 BATTERIES 001-434.0000.63007 4.30

941213 GLOVES 001-434.0000.63007 19.98

Page 27: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 6 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

945706CheckAPMWB GLOVE DISPENSER 001-434.0000.63007 33.98

941295 TAP FUSE 001-434.0000.63007 36.22

945223 FLOOR DRY 001-434.0000.63007 51.30

945835 SERVICE CART 001-434.0000.63007 179.00

941260 MAT, ABSORBT ROLL 001-434.0000.63007 295.68

943321 C101 BLADE 001-434.0000.67050 2.56

942731 S566 SPARK PLUGS 001-434.0000.67050 1.86

942732 001-434.0000.67050 0.03

946703 P119 INGNITION COIL 001-434.0000.67050 54.51

937986 M62 OIL, AIR FILTERS 001-434.0000.67050 68.72

946812 S207 HOSE CLAMP 001-434.0000.67050 2.84

946494 S553 S554 AIR FILTERS 001-434.0000.67050 303.06

952949 C/M CORE DEP RTN, ROTORS RTN 001-434.0000.67050 -543.96

955859 S217 PARTS 001-434.0000.67050 9.65

948924 SHOP TRUCK TRLR WIRE 001-434.0000.67050 11.47

954247 S209 AIR, FUEL, OIL FILTERS 001-434.0000.67050 230.46

946495 OVAL LIGHT 001-434.0000.67050 35.72

947330 S213 JUN BLOK 001-434.0000.67050 31.85

947023 S213 T CONNECTOR 001-434.0000.67050 31.15

954611 S233 ALTERNATOR 001-434.0000.67050 89.04

942818 S234 AIR FILTERS 001-434.0000.67050 26.50

954473 S553, S554 AIR FILTERS 001-434.0000.67050 89.64

943319 C101 REPAIRS 001-434.0000.67050 25.12

952694 A106 TEMP SENSOR 001-434.0000.67050 23.07

945565 S234 REPAIRS 001-434.0000.67050 22.59

946496 P119 IGNITION COIL 001-434.0000.67050 54.51

943021 A116 AIR, OIL FILTERS 001-434.0000.67050 17.85

951815 P442 AIR, OIL FILTERS 001-434.0000.67050 16.49

947312 S213 BULBS 001-434.0000.67050 71.16

955591 B106 BATTERY 001-434.0000.67050 111.69

955590 A106 BATTERY, FUEL CAP 001-434.0000.67050 147.57

943214 AIR & OIL FILTERS, OIL 001-434.0000.67050 235.44

952971 SOCKETS/TOOLS 001-434.0000.67090 -1.05

947263 SIDE CAN TAP 001-434.0000.67090 14.99

951751 CREEPER SEAT 001-434.0000.67090 70.63

947189 HEAT GUN 001-434.0000.67090 122.17

954432 FLEX HOSE 001-434.0000.67090 54.48

VEN02073 Northstar Clean Concepts

34445CheckAPMWB STEAM CLEANER 001-434.0000.67160 298.79

O050 Oxarc Inc.

30688776CheckAPMWB WELDING EQUIPMENT 001-434.0000.63540 115.32

R251 Ranch & Home Ace Hardware

298624/1CheckAPMWB BATTERIES 001-434.0000.63007 12.58

298896/1 GREAT STUFF 001-434.0000.63007 9.16

299592/1 MOUSE TRAPS 001-434.0000.63060 2.24

298701/1 S513 REPAIRS 001-434.0000.67050 23.73

298987/1 S553 PARTS 001-434.0000.67050 49.47

298806/1 NUTS, BOLTS, SCRWDRVR 001-434.0000.67050 13.73

299170/1 FITTINGS 001-434.0000.67050 8.09

296795/1 S234 FITTINGS 001-434.0000.67050 17.98

298863/1 CR MEMO TRENCHING SPADE RETURN 001-434.0000.67090 -20.89

298858/1 TRENCHING SPADE 001-434.0000.67090 52.18

VEN08163 Superior Towing & Recovery LLC

13879CheckAPMWB #507 TOWING 001-434.0000.67050 85.00

14994 S216 TOWING 001-434.0000.67050 612.50

15888 S217 TOW 001-434.0000.67050 537.50

T118 TPI Embroidery

15313CheckAPMWB UNIFORMS 001-434.4000.72000 889.06

W180 Western States Equipment

IN001025647CheckAPMWB S604 BATTERY 001-434.0000.67050 854.92

Page 28: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 7 of 217/31/2019 10:41:34 AM

12,003.88Dept 434 Total:

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

Dept: 441 Urban Forestry

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-441.0000.64030 166.70

166.70Dept 441 Total:

Dept: 442 Cemetery

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-442.0000.64030 617.67

I340 Interstate Concrete & Asphalt

445489CheckAPMWB GRAVEL - CEMETERY 001-442.0000.68170 17.04

K100 Kootenai County Solid Waste

10-81519.00 7.15.19CheckAPMWB CEMETERY SANITATION 001-442.0000.65050 53.60

VEN07745 Memorial Monuments & Vaults Inc

55175CheckAPMWB Memorail Vaults 001-442.0000.63420 3,000.00

55174 Memorail Monuments 001-442.0000.63760 2,805.00

P27001 Pineview Horticultural Service

20567CheckAPMWB LAWN MIX 001-442.0000.68200 58.75

R251 Ranch & Home Ace Hardware

298888/1CheckAPMWB FOUNTAIN/IRRIGATION PARTS 001-442.0000.63060 22.49

11278 /3 STONE CONCRETE 001-442.0000.68170 175.84

298873/1 IRRIGATION PARTS 001-442.0000.68230 23.25

298724/1 IRRIGATION REPAIR PARTS 001-442.0000.68230 12.73

298888/1 FOUNTAIN/IRRIGATION PARTS 001-442.0000.68230 26.55

VEN13532 Ray Lewis

INV0113789CheckAPMWB SELL BACK CEMETERY LOTS 001-442.1670.33307 237.50

7,050.42Dept 442 Total:

Dept: 443 Parks

A5189 Aspen Nursery

47519CheckAPMWB PLANTS FOR DTFD 001-443.0000.68190 1,073.20

49347 PESTICIDES/HANGING BASKETS 001-443.0000.68220 20.93

VEN10114 Assure Painting

1019CheckAPMWB Restroom & Building Painting 001-443.0000.68160 3,778.00

VEN07316 BC Engineers Inc

5156CheckAPMWB Black Bay Depot Pergola Structural Engineering001-443.0000.62040 3,500.00

VEN08672 CEM LIFTS

121075CheckAPMWB LIFT REPAIR 001-443.0000.62180 95.40

C291 Coeur d' Alene Press

I00306001-6282019CheckAPMWB NOTICE OF INTENT 001-443.0000.62000 35.65

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-443.0000.64030 2,679.18

C410 Country Lock & Key, Inc.

3495CheckAPMWB CROWN POINT VANDALISM REPAIR 001-443.0000.67050 155.00

G130 Greenacres Gypsum & Lime Co

120191CheckAPMWB FIELD CHALK LINEMARKER 001-443.0000.68240 145.80

H002 H & E Equipment Services Inc

94563993CheckAPMWB COMPACTOR RENTAL 001-443.0000.67070 81.55

VEN06705 Most Dependable Fountains INC

INV56684CheckAPMWB TULLAMORE DRINKING FOUNTAIN DOOR 001-443.0000.67050 90.00

N001 Napa Auto Parts

953291CheckAPMWB OIL FOR TRUCK 001-443.0000.66190 8.57

953312 BATTERY FOR MOWER 001-443.0000.66190 38.29

952897 BITS--PLAYGROUND REPAIR 001-443.0000.67030 36.40

VEN05363 North 40 Outfitters

28279/ECheckAPMWB SPRAY EQUIPMENT 001-443.0000.66190 26.98

028381/E A-FRAME JACK 001-443.0000.67090 119.99

C115 Northwest Waste & Recycling LLC

110866CheckAPMWB Q'EMILN SANITATION 001-443.0000.65050 227.75

V040 Office Depot

Page 29: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 8 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

337122392001CheckAPMWB Office Supplies - Parks 001-443.0000.63060 54.86

VEN01257 Post Falls Senior Center

05042296CheckAPMWB BREAKFAST MEETING 001-443.0000.64010 279.00

R251 Ranch & Home Ace Hardware

299042/1CheckAPMWB WASP TRAPS, TENT STRAPS 001-443.0000.63080 11.20

298790/1 SAFETY/1ST AID MATERIALS 001-443.0000.63110 61.98

299100/1 CLEANING SUPPLIES 001-443.0000.63150 10.42

299284/1 FESTIVAL TRASH CANS 001-443.0000.63150 205.08

299189/1 TRASH CANS, CABLE TIES 001-443.0000.63150 197.88

299417/1 PAINT, HARDWARE 001-443.0000.67030 4.76

299312/1 FESTIVAL SIGNS SUPPLIES 001-443.0000.67030 15.29

299629/1 SPRAYER, BARRICADES 001-443.0000.67030 15.25

299476/1 KIWANIS PARK-HARDWARE 001-443.0000.67030 41.01

298989/1 SPRAYER HARDWARE 001-443.0000.67030 25.36

298765/1 TEXTURE SPRAY 001-443.0000.67050 8.54

298744/1 JT COMPOUND, TAPING KNIFE 001-443.0000.67090 20.32

298914/1 SHOVELS 001-443.0000.67090 39.58

298823/1 SPRAYPAINT 001-443.0000.68160 5.39

299417/1 PAINT, HARDWARE 001-443.0000.68160 14.37

299149/1 IRRIGATION FITTINGS, FERTILIZER 001-443.0000.68200 45.87

299042/1 WASP TRAPS, TENT STRAPS 001-443.0000.68215 10.78

299165/1 PEST CONTROL 001-443.0000.68215 18.87

299771/1 PLUMBING REPAIRS, PEST CONTROL 001-443.0000.68215 13.57

299257/1 BLACK BAY IRR PARTS 001-443.0000.68230 16.19

298817/1 IRRIGATION SUPPLIES 001-443.0000.68230 8.09

299149/1 IRRIGATION FITTINGS, FERTILIZER 001-443.0000.68230 10.87

299063/1 IRRIGATION PARTS 001-443.0000.68230 4.29

299771/1 PLUMBING REPAIRS, PEST CONTROL 001-443.0000.68250 6.28

R1913 Rockhound Landscape Supply

07.23.19CheckAPMWB TULLAMORE SOD 001-443.0000.68180 225.00

7.17.19 001-443.0000.68180 450.00

7.11.19 001-443.0000.68180 225.00

A565 SiteOne Landscape Supply, LLC

93000456-001CheckAPMWB IRRIGATION SUPPLIES 001-443.0000.68230 354.86

92600208-001 001-443.0000.68230 290.17

92816142-001 IRRIGATION REPAIRS 001-443.0000.68230 15.62

92836101-001 SOLENOID-SINGING HILLS IRR 001-443.0000.68230 24.83

93258272-001 IRRIGATION SUPPLIES-FALLS, 7TH AVE 001-443.0000.68230 99.64

92762734-001 IRRIGATION PARTS 001-443.0000.68230 20.05

92732811-001 001-443.0000.68230 305.31

VEN02035 Staples Advantage

3418695891CheckAPMWB Office Supplies - Parks 001-443.0000.63060 204.10

S400 Super 1 Foods

04-1758423CheckAPMWB ICE 001-443.0000.63110 15.36

08-1391389 ICE/WATER - SHRF LABOR 001-443.0000.63110 23.40

07-1557354 WATER/ICE - SHRF LABOR 001-443.0000.63110 33.64

06-2374848 MASTER PLAN MTNG SUPPLIES 001-443.0000.64010 8.56

VEN01248 United Crown Pump & Drilling

8970CheckAPMWB POND REPAIRS 001-443.0000.62180 162.50

8972 FALLS POND REPAIRS 001-443.1658.62330 115.00

W0226 Walter E Nelson Co

385744CheckAPMWB CLEANING SUPPLIES 001-443.0000.63150 1,328.14

W240 Wilbur-Ellis Company

12838340CheckAPMWB CHEMICALS 001-443.0000.68220 650.00

Z026 Ziegler Lumber Co #017

1017 223669CheckAPMWB HINGES-RR REPAIRS 001-443.0000.67030 11.36

1017 217186 LADDER, SNAP KNIFE 001-443.0000.67090 169.51

1017 222801 S-HOOKS, T&G 1X6's 001-443.1658.62330 9.54

17,999.38Dept 443 Total:

Dept: 445 Recreation

Page 30: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 9 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

VEN13563 2nd Chance Ranch Rescue & Mobile Petting Zoo Education

INV0113992CheckAPMWB CROWN POINT GRAND OPENING 001-445.0000.63080 400.00

VEN13534 Lokahi Dance LLC

INV0113877CheckAPMWB DANCE INSTRUCTIONS-KAMP 001-445.0000.63080 250.00

VEN01972 North Idaho College

WFT994194CheckAPMWB CONTRACT EVENTS 001-445.0000.62040 795.20

V040 Office Depot

337828824001CheckAPMWB Office Supplies - Recreation 001-445.0000.63060 49.84

VEN01197 Post Falls High School

INV0113876CheckAPMWB TROJAN BASKETBALL CAMP 001-445.1633.33377 3,288.60

R097 Rebecca Powell

INV0113843CheckAPMWB P&R ACTIVITY GUIDE DESIGN- FALL 2019 001-445.0000.63210 795.00

R1541 Ricoh USA Inc.

5057121540CheckAPMWB COPIES 001-445.0000.66050 210.04

S207 Silver Mountain Resorts

INV0113842CheckAPMWB KAMP FIELD TRIP 001-445.0000.63080 653.78

VEN13529 West Valley Outdoor Learning Center

INV0113700CheckAPMWB HOOT PROGRAM @ KAMP KA-MEE-LIN 001-445.0000.63080 135.00

6,577.46Dept 445 Total:

Dept: 450 Economic & Comm. Dev. Rev

VEN05362 McVay Brothers

INV0113605CheckAPMWB PERMIT REFUND-NOT IN CITY LIMITS 001-450.1753.38507 100.00

VEN10267 Storm Mechanical LLC

INV0113604CheckAPMWB REFUND-PYMNT APPLIED 2X 001-450.1756.38501 200.00

VEN03231 Sturm Heating & Air Conditioning

INV0113845CheckAPMWB PERMIT REFUND 001-450.1756.38501 134.00

VEN12718 VIKING CONSTRUCTION

INV0113684CheckAPMWB INCORRECT PERMIT REFUND 001-450.1753.38507 100.00

534.00Dept 450 Total:

Dept: 451 Planning & Zoning

C291 Coeur d' Alene Press

I00303632-6212019CheckAPMWB ANNEXATION 001-451.0000.62000 349.88

I00303648-06212019ANNEXATION NOTICE 001-451.0000.62000 373.19

I00305484-06272019 001-451.0000.62000 388.73

I0033674-06212019 SPEC USE PERMIT 001-451.0000.62000 435.35

800302842-06182019ANNEXATION 001-451.0000.62000 277.88

I00303639-06212019ANNEXATION NOTICE 001-451.0000.62000 277.36

H001 H & H Business Systems, Inc.

AR117893CheckAPMWB COPY MAINTENANCE/SUPPLIES 001-451.1901.66140 35.61

AR117894 COPIER MAINT/SUPPLIES 001-451.1901.66140 88.34

K098 Kootenai County

2019-00000134CheckAPMWB ENVELOPES - MAILINGS 001-451.0000.63060 124.05

V040 Office Depot

34224355001CheckAPMWB Office Supplies - Comm Dev 001-451.0000.63060 46.65

R251 Ranch & Home Ace Hardware

298946/1CheckAPMWB VINYL GLOVES 001-451.0000.63000 11.59

299202/1 U-POSTS 001-451.0000.63000 62.90

T345 Tyler Technologies

025-262450CheckAPMWB SFTWR SUP/MAINT ENERGOV 8/19--7/20 001-451.0000.66010 12,075.00

14,546.53Dept 451 Total:

Dept: 452 Building Inspector

B091 BDS

53715CheckAPMWB UTILITY BILLING- JUNE 001-452.0000.62040 50.00

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-452.0000.64030 452.20

H001 H & H Business Systems, Inc.

AR117893CheckAPMWB COPY MAINTENANCE/SUPPLIES 001-452.1901.66140 35.62

AR117894 COPIER MAINT/SUPPLIES 001-452.1901.66140 88.35

Page 31: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

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7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

K130 Kootenai County Reprographics

2019-00000128CheckAPMWB DRYER VENT & ENERGY CERT LABELS 001-452.0000.63210 156.35

V040 Office Depot

34224355001CheckAPMWB Office Supplies - Comm Dev 001-452.0000.63060 23.39

342244635001 001-452.0000.63060 44.20

34224355001 001-452.0000.63060 70.39

920.50Dept 452 Total:

Dept: 453 Engineering

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 001-453.0000.64030 305.80

H001 H & H Business Systems, Inc.

AR117894CheckAPMWB COPIER MAINT/SUPPLIES 001-453.1901.66050 88.34

AR117893 COPY MAINTENANCE/SUPPLIES 001-453.1901.66050 35.62

VEN13530 JB Dodge Company, LLC

INV0113695CheckAPMWB ANNEXATION REFUND 001-453.1757.38511 3,756.00

V040 Office Depot

34224355001CheckAPMWB Office Supplies - Comm Dev 001-453.0000.63060 46.65

VEN02035 Staples Advantage

3418695892CheckAPMWB Office Supplies - Engineering 001-453.0000.63610 36.60

3418695893 001-453.0000.63610 37.99

X105 Xerox Corporation

097446677CheckAPMWB DRAFTING SUPPLIES 001-453.0000.63610 43.00

4,350.00Dept 453 Total:

Dept: 481 Capital Improvements/Contracts

K100 Kootenai County Solid Waste

10-80244.00 7.15.19CheckAPMWB CITY HALL SANITATION 001-481.0000.68390 321.60

321.60Dept 481 Total:

277,654.87Fund 001 Total:

Fund: 003 - PERSONNEL BENEFIT POOL

Dept: 482 Personnel Pool

VEN07938 Crystal Balback

16CheckAPMWB ZUMBA CLASSES 003-482.4000.73000 170.00

VEN11838 Jacquelyn B Maker

INV0113643CheckAPMWB EMPLOYEE DEVELOPMENT/COACHING 003-482.0000.64080 330.00

500.00Dept 482 Total:

500.00Fund 003 Total:

Fund: 007 - DRUG SEIZURE PROGRAM

Dept: 425 Drug Seizure Program

A600 Awards Etc.

30736CheckAPMWB K9 APPRECIATION PLAQUE 007-425.1142.67020 47.45

VEN04300 CW Wraps & Marketing, Inc

9087CheckAPMWB K9 GOLF TOURNAMENT SIGNS 007-425.0000.67020 32.00

79.45Dept 425 Total:

79.45Fund 007 Total:

Fund: 008 - 911 SUPPORT

Dept: 426 911 Support

S340 Spillman Technologies

40830CheckAPMWB Mobile Report Writing Software Spillman 008-426.0000.67290 19,095.00

19,095.00Dept 426 Total:

19,095.00Fund 008 Total:

Fund: 011 - FACILITY BUILDING RESERVE

Page 32: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

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7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

Dept: 491 Facility Building Reserve

C291 Coeur d' Alene Press

304945CheckAPMWB NOTICE-INTENT TO SELL 310 N SPOKANE 011-491.1801.93200 29.60

C3818 Cooper Fabrication, Inc.

17884CheckAPMWB STAIR RAILS - CHAMBER PARKING LOT 011-491.1801.93270 1,400.00

1,429.60Dept 491 Total:

1,429.60Fund 011 Total:

Fund: 023 - SPECIAL EVENTS

Dept: 446 Special Events

A365 American On-Site Services

A-300239CheckAPMWB FESTIVAL - PORT RR RENTALS 023-446.1601.63000 670.96

A-304175 FESTIVAL - GREASE BARRELS 023-446.1601.63000 350.00

C280 Coeur d'Alene Power Tool

2-137704CheckAPMWB FESTIVAL - 100' POWER CORD 023-446.1601.63000 389.99

VEN12244 HERC Rentals Inc

30762994-001CheckAPMWB GENERATOR RENTAL -DFAD 023-446.1664.63000 938.00

P310 Platt Electric Supply

V604945CheckAPMWB FESTIVAL ELECTRIAL SUPPLIES 023-446.1601.63000 166.09

R251 Ranch & Home Ace Hardware

299281/1CheckAPMWB FESTIVAL SUPPLIES 023-446.1601.63000 54.87

299360/1 023-446.1601.63000 57.56

299267/1 023-446.1601.63000 165.29

2,792.76Dept 446 Total:

2,792.76Fund 023 Total:

Fund: 029 - CEMETERY CAPITAL IMPROVEMENT

Dept: 442 Cemetery

VEN13532 Ray Lewis

INV0113789CheckAPMWB SELL BACK CEMETERY LOTS 029-442.1670.39315 237.50

237.50Dept 442 Total:

237.50Fund 029 Total:

Fund: 038 - PARKS IMPACT FEES

Dept: 443 Parks

VEN10114 Assure Painting

1019CheckAPMWB Restroom & Building Painting 038-443.0000.94180 3,583.00

038-443.2013.95520 745.00

VEN07624 BCR Land Service

10310CheckAPMWB Black Bay Depot Parking Lot 038-443.0000.93295 55,988.86

10309 Black Bay Depot Parking Lot & Irrigation Sleeving038-443.0000.93295 17,924.52

VEN03180 GreenPlay LLC

6521CheckAPMWB Parks & Recreation Master Plan 038-443.0000.93155 25,893.75

G0012 GTS Interior Supply

20027081-00CheckAPMWB LATEX ADHESIVE, MARLITE - CROWN POINT038-443.2013.95520 420.44

20027023-00 Crown Pointe Restroom FRP 038-443.2013.95520 1,500.96

H002 H & E Equipment Services Inc

94597746CheckAPMWB Lift Rental Tullamore Park 038-443.0000.94180 3,087.25

94541404 Lift Rental for Tullamore Park 038-443.0000.94180 3,087.25

94592102 WORK PLATFORM RENTAL 038-443.0000.94180 395.00

I340 Interstate Concrete & Asphalt

442853CheckAPMWB GRAVEL - CROWN POINT 038-443.2013.95520 16.44

K100 Kootenai County Solid Waste

10-30289-00CheckAPMWB SANITATION 038-443.0000.94180 23.02

038-443.2013.95520 58.90

R251 Ranch & Home Ace Hardware

298646/1CheckAPMWB SNAP SPRING - TULLAMORE 038-443.0000.94180 47.41

298934/1 MARKING PAINT, HEX KEYS - CROWN POINTE038-443.2013.95520 34.17

Page 33: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 12 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

W0226 Walter E Nelson Co

385034CheckAPMWB Black Bay Depot restroom hand dryers, tp & soap038-443.0000.93295 2,669.68

Z026 Ziegler Lumber Co #017

1017 222801CheckAPMWB S-HOOKS, T&G 1X6's 038-443.2013.95520 447.50

1017 223492 CROWN POINT PARK SUPPLIES 038-443.2013.95520 98.35

1017 224354 CROWN POINT SUPPLIES 038-443.2013.95520 15.75

1017 223048 T & G SPRUCE 1X6 - CROWN POINT 038-443.2013.95520 895.00

1017 223575 TRIM SUPPLIES-CROWN POINT 038-443.2013.95520 115.49

117,047.74Dept 443 Total:

117,047.74Fund 038 Total:

Fund: 650 - RECLAIMED WATER OPERATING

Dept: 463 Wastewater Operating

A090 Accurate Testing Labs LLC

105371CheckAPMWB BIO SOLIDS TESTING 650-463.0000.68360 210.00

105401 650-463.0000.68360 210.00

A1395 Advanced Compressor & Hose Inc

76901CheckAPMWB SAMPLER HOSE 650-463.0000.63400 814.98

VEN03129 Barr Tech LLC

5060CheckAPMWB BIO SOLIDS DISPOSAL 650-463.0000.62150 29,184.30

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 650-463.0000.65005 458.18

F020 Fastenal Company

IDPOS144177CheckAPMWB LENSE WIPES 650-463.0000.63110 42.39

F030 FedEx

3414742030CheckAPMWB GEARBOX DITCH 6 SHIPPING 650-463.0000.68025 1,145.43

G098 Grainger

89214123540CheckAPMWB GREASE 650-463.0000.68025 230.24

H030 Hach Company

11534072CheckAPMWB TEST KITS 650-463.0000.63400 595.84

11536602 PIPET TIPS 650-463.0000.63400 211.16

I2731 Inland Environmental Resources

2019-874CheckAPMWB mag delivery (June) 650-463.0000.63008 6,348.00

K100 Kootenai County Solid Waste

10-80256.00 7.15.19CheckAPMWB WASTEWATER SANITATION 650-463.0000.65050 160.80

10-84809.00 7.15.19 SEWER PLANT SANI 650-463.0000.65050 321.60

10-30289-00 SANITATION 650-463.0000.68010 154.82

N001 Napa Auto Parts

953210CheckAPMWB BDP HYDRAULIC FILTERS 650-463.0000.68025 30.10

VEN04172 Northwest Scientific, Inc.

5122562CheckAPMWB FILTERS 650-463.0000.63400 229.10

5122244 SAMPLER TUBING 650-463.0000.63400 219.63

5122193 GLOVES 650-463.0000.63400 114.66

5122365 TIMERS 650-463.0000.63400 34.56

V040 Office Depot

335975509001CheckAPMWB Office Supplies - Water/WW 650-463.0000.63060 18.69

347161495001 Office Supplies - Finance 650-463.0000.63060 47.99

344193956001 Office Supplies - Water/WW 650-463.0000.63060 96.81

R251 Ranch & Home Ace Hardware

299296/1CheckAPMWB 20V BATTERIES 650-463.0000.67090 99.99

299176/1 STRAPS 650-463.0000.68025 18.47

298921/1 PAINT 650-463.0000.68025 8.98

299302/1 PVC PARTS 650-463.0000.68025 7.53

VEN13295 Spokane Environmental Solutions, LLC

0400-001-01CheckAPMWB WRF Site Assessment Agreement 650-463.0000.62040 15,852.98

S748 SVL Analytical, Inc.

X9F0418CheckAPMWB BLM MONITORING 650-463.0000.68360 133.00

VEN11958 Ultra-Lawn, LLC

65246CheckAPMWB WRF 2019 Lawn Care 650-463.0000.62180 2,384.00

Page 34: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 13 of 217/31/2019 10:41:34 AM

59,384.23Dept 463 Total:

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

Dept: 466 Wastewater - Collections

A497 Arrow Construction Supply, Inc

244119CheckAPMWB GREEN MARKING PAINT, SAFETY VEST 650-466.0000.63330 77.04

VEN13230 Bigfoot Technical Services LLC

4860CheckAPMWB L/S TROUBLESHOOTING 650-466.0000.62040 300.00

VEN05261 CDA PAVING

14060CheckAPMWB manhole risers 650-466.0000.63330 2,236.00

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 650-466.0000.65005 1,682.86

C410 Country Lock & Key, Inc.

3391CheckAPMWB KEYS 650-466.0000.63330 58.19

P140 Pass Word, Inc.

10231806CheckAPMWB OVERCALL CHARGES 650-466.0000.62320 794.22

P451 Premier Electric Motors, Inc.

7661CheckAPMWB MOTOR OIL 650-466.0000.68021 40.00

R251 Ranch & Home Ace Hardware

299169/1CheckAPMWB TROLLEY PINS FOR PUMPS 650-466.0000.63006 16.56

298780/1 SHACKLES 650-466.0000.63330 44.64

298751/1 WHEEL COUNTER 650-466.0000.66190 62.99

298928/1 PVC PARTS/FITTINGS 650-466.0000.68021 23.30

298825/1 PLUMBING PARTS 650-466.0000.68021 25.85

VEN05954 Toby's Battery & Auto Electric, LLC

19070166CheckAPMWB BATTERIES 650-466.0000.63006 441.84

19061173 C/M RETURN BATTERIES 650-466.0000.63006 -32.85

19061173 6V & 12V BATTERIES 650-466.0000.68021 494.63

W2066 Whitney Equipment Co. Inc.

88495CheckAPMWB Mix-flush for 3rd st. 650-466.0000.68021 3,597.78

9,863.05Dept 466 Total:

Dept: 468 Wastewater - Surface Water

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 650-468.0000.65005 405.41

L060 Les Schwab Central Billing Dep

10500613296CheckAPMWB TIRE REPAIR 650-468.0000.68380 54.88

R251 Ranch & Home Ace Hardware

298820/1CheckAPMWB TIRE SLIME 650-468.0000.68380 34.18

W240 Wilbur-Ellis Company

12808477CheckAPMWB PESTICIDES 650-468.0000.68220 1,318.65

12856216 C/M PESTICIDE 650-468.0000.68220 -8.19

12823751 PESTICIDES 650-468.0000.68220 650.50

2,455.43Dept 468 Total:

71,702.71Fund 650 Total:

Fund: 652 - RECLAIMED WATER CAPITAL - COLLECTOR

Dept: 463 Wastewater Operating

C291 Coeur d' Alene Press

I00302085-06172019CheckAPMWB HOWELL SEWER-BID ADV 652-463.3222.95520 272.36

272.36Dept 463 Total:

272.36Fund 652 Total:

Fund: 700 - SANITATION

Dept: 461 Sanitation

K100 Kootenai County Solid Waste

10-80585.00 7.15.19CheckAPMWB Q'EMLIN SANITATION 700-461.0000.65050 970.66

10-30289-00 SANITATION 700-461.0000.65050 13.53

10-83957.00 7.15.19 1211 E 3RD 700-461.0000.65050 107.20

10-83148.00 7.15.19 KIWANIS PARK SANITATION 700-461.0000.65050 40.20

Page 35: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 14 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

10-86115.00 7.15.19CheckAPMWB 12201 W PARKWAY DR SANITATION 700-461.0000.65050 107.20

1,238.79Dept 461 Total:

1,238.79Fund 700 Total:

Fund: 750 - WATER OPERATING

Balance Sheet Accounts

VEN13527 ANDERSON, ARLEA

INV0113556CheckAPMWB Utility Refund 750-17000 310.04

VEN06558 ARCHITERRA HOMES

INV0113526CheckAPMWB Utility Refund 750-17000 126.25

VEN13502 ASHE, LUCAS & HAYLAH

INV0113470CheckAPMWB Utility Refund 750-17000 111.77

VEN13517 BABIN, ALAYSIA

INV0113520CheckAPMWB Utility Refund 750-17000 141.93

VEN13493 BERGER, BRETT & AMBER

INV0113448CheckAPMWB Utility Refund 750-17000 95.89

VEN13465 BLUEPLANK LLC

INV0113478CheckAPMWB Utility Refund 750-17000 103.42

VEN13498 BYRNE, THOMAS & MARY

INV0113462CheckAPMWB Utility Refund 750-17000 83.21

VEN13487 CAHAN, CRAIG & LINSEY

INV0113424CheckAPMWB Utility Refund 750-17000 116.57

VEN13482 CLABOUGH, ELGENE

INV0113414CheckAPMWB Utility Refund 750-17000 87.64

VEN13332 CLAMP, ROBERT & CLARIS

INV0113550CheckAPMWB Utility Refund 750-17000 64.05

VEN13340 CLARAMUNT, HEATHER

INV0113554CheckAPMWB Utility Refund 750-17000 60.73

VEN13464 CONSTRUCTION, DAUM

INV0113476CheckAPMWB Utility Refund 750-17000 100.00

INV0113474 750-17000 50.00

VEN13491 CORTES, HECTOR & NICHOL

INV0113432CheckAPMWB Utility Refund 750-17000 271.18

VEN11902 DAUM CONSTRUCTION

INV0113482CheckAPMWB Utility Refund 750-17000 100.00

INV0113472 750-17000 70.00

VEN13492 DAVENPORT, CHAD & MARISSA

INV0113434CheckAPMWB Utility Refund 750-17000 82.05

VEN13523 DURAN, RAYMOND P & BER

INV0113538CheckAPMWB Utility Refund 750-17000 108.29

VEN13496 ELLWOOD, RANDY & RITA

INV0113456CheckAPMWB Utility Refund 750-17000 57.42

VEN13484 EMM, ELINOR

INV0113418CheckAPMWB Utility Refund 750-17000 128.97

VEN13504 GREAT FLOORS

INV0113492CheckAPMWB Utility Refund 750-17000 1,020.00

VEN13526 GREER, RAEANN

INV0113544CheckAPMWB Utility Refund 750-17000 365.98

VEN13508 HAGAN, STEVEN

INV0113500CheckAPMWB Utility Refund 750-17000 70.81

VEN13490 HALL, DUSTIN & FAITH

INV0113430CheckAPMWB Utility Refund 750-17000 20.87

VEN13510 HALL, JO A & DANIEL H

INV0113504CheckAPMWB Utility Refund 750-17000 182.95

VEN13497 HARPER, HOLLY

INV0113458CheckAPMWB Utility Refund 750-17000 50.46

VEN07931 HAYDEN HOMES

INV0113442CheckAPMWB Utility Refund 750-17000 100.00

VEN13521 HENDRICKSON, ERIC

INV0113530CheckAPMWB Utility Refund 750-17000 58.52

Page 36: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 15 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

VEN13512 HOPKINS, LEILANI

INV0113508CheckAPMWB Utility Refund 750-17000 111.34

VEN13495 HOSKIN, PAMELA

INV0113454CheckAPMWB Utility Refund 750-17000 161.79

VEN13525 INMAN, SAM

INV0113542CheckAPMWB Utility Refund 750-17000 48.04

VEN13522 JH SERVICES

INV0113532CheckAPMWB Utility Refund 750-17000 16.04

VEN12174 KYLLY PROPERTIES

INV0113450CheckAPMWB Utility Refund 750-17000 50.00

VEN13486 LITALIEN, LINDA M & THOMA

INV0113422CheckAPMWB Utility Refund 750-17000 85.11

VEN13511 MBM HOLDINGS, LLC

INV0113506CheckAPMWB Utility Refund 750-17000 155.13

VEN13196 MCCORMICK, TOMMY & COARINA

INV0113546CheckAPMWB Utility Refund 750-17000 68.00

VEN13505 MCGEE, LISA D

INV0113494CheckAPMWB Utility Refund 750-17000 41.65

VEN13485 MIGLIORE, DEAN & DEBBIE

INV0113420CheckAPMWB Utility Refund 750-17000 43.38

VEN05059 MONOGRAM HOMES

INV0113488CheckAPMWB Utility Refund 750-17000 91.74

INV0113490 750-17000 70.00

INV0113446 750-17000 100.00

VEN13500 MOORE, RAHEL ELISABETH

INV0113466CheckAPMWB Utility Refund 750-17000 14.67

VEN10000 MORT CONSTRUCTION

INV0113436CheckAPMWB Utility Refund 750-17000 158.42

VEN13519 OLSON, EVELYN

INV0113524CheckAPMWB Utility Refund 750-17000 66.08

VEN13509 O'NEAL, PEGGY

INV0113502CheckAPMWB Utility Refund 750-17000 171.25

VEN13506 ORCUTT, FRANK E

INV0113496CheckAPMWB Utility Refund 750-17000 90.86

VEN13515 PARK, JOHN W

INV0113516CheckAPMWB Utility Refund 750-17000 128.75

VEN13513 PELUSO, BOB

INV0113512CheckAPMWB Utility Refund 750-17000 115.10

VEN13501 PETERSEN, DEHN & ASHLEE

INV0113468CheckAPMWB Utility Refund 750-17000 110.76

VEN13518 POPP KEUR, CHANDLER

INV0113522CheckAPMWB Utility Refund 750-17000 99.31

VEN13489 REINIER, WM & SANDRA

INV0113428CheckAPMWB Utility Refund 750-17000 185.95

VEN13494 REUTER, LOUIS & MARY

INV0113452CheckAPMWB Utility Refund 750-17000 69.05

VEN13520 RIGGS, RONALD & SANDRA

INV0113528CheckAPMWB Utility Refund 750-17000 159.02

VEN13488 RIGOLI, JOSEPH

INV0113426CheckAPMWB Utility Refund 750-17000 111.57

VEN13516 RINE, RICHARD

INV0113518CheckAPMWB Utility Refund 750-17000 119.98

VEN13524 ROSS, LEVI & AMANDA

INV0113540CheckAPMWB Utility Refund 750-17000 172.52

VEN13483 SHEPHERD, YVONNE

INV0113416CheckAPMWB Utility Refund 750-17000 96.74

VEN11835 SORBONNE HOMES LLC

INV0113460CheckAPMWB Utility Refund 750-17000 67.93

INV0113536 750-17000 112.47

VEN13499 STAAT, RANDALL P

INV0113464CheckAPMWB Utility Refund 750-17000 61.32

Page 37: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

Page 16 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

VEN13457 TERMAC CONSTUCTION

INV0113438CheckAPMWB Utility Refund 750-17000 50.00

VEN13305 TIMBERED RIDGE CUSTOM HOMES LL

INV0113486CheckAPMWB Utility Refund 750-17000 78.73

VEN13507 TODHUNTER, HEIDI

INV0113498CheckAPMWB Utility Refund 750-17000 102.61

VEN12718 VIKING CONSTRUCTION

INV0113548CheckAPMWB Utility Refund 750-17000 14.48

INV0113444 750-17000 70.00

INV0113534 750-17000 67.50

VEN13439 VIKING CONSTRUCTION INC

INV0113440CheckAPMWB Utility Refund 750-17000 70.00

INV0113480 750-17000 100.00

VEN13514 WADDELL, CLINTON & VICKI

INV0113514CheckAPMWB Utility Refund 750-17000 184.17

VEN13371 WALKER, MARTIN & CARLEE

INV0113552CheckAPMWB Utility Refund 750-17000 70.89

VEN08264 WILHELM, ROBERT

INV0113510CheckAPMWB Utility Refund 750-17000 81.57

VEN13503 WILLIAM DAUM CONST

INV0113484CheckAPMWB Utility Refund 750-17000 70.00

8,252.92Balance Sheet Accounts Total:

Dept: 462 Water Operating

A090 Accurate Testing Labs LLC

105217CheckAPMWB COLIFORM TESTING 750-462.0000.68360 100.00

105543 750-462.0000.68360 125.00

105242 750-462.0000.68360 50.00

104872 750-462.0000.68360 125.00

105307 750-462.0000.68360 125.00

104628 IOC ID, NITRATE, NITRITE TESTING 750-462.0000.68360 260.00

105407 COLIFORM TESTING 750-462.0000.68360 125.00

A1395 Advanced Compressor & Hose Inc

77107CheckAPMWB VAC TRAILER CAMLOK 750-462.0000.63280 13.64

C220 Coleman Oil Co

CL93401CheckAPMWB GAS/DIESEL 750-462.0000.64030 1,032.93

H215 Core & Main LP

K719465 C/MCheckAPMWB RETURN GAL/BRASS FITTINGS 750-462.0000.63280 -263.00

K670512 CPLGS, GSKTS - STOCK 750-462.0000.63280 1,346.70

VEN06511 East Greenacres Irrigation Water Shut-offs

INV0113782CheckAPMWB JULY WATER SHUT OFFS 750-462.3317.33610 280.00

F1000 Ferguson Waterworks

INV0113874CheckAPMWB METER GASKETS 750-462.0000.63280 97.50

0784152 VALVE BOXES 750-462.0000.63550 384.18

0782928 2" METERS 750-462.0000.91280 735.50

H001 H & H Business Systems, Inc.

AR119602CheckAPMWB COPIER MAINT & SUPPLIES 750-462.0000.66050 43.26

H003 H.D. Fowler Company

I5203529CheckAPMWB COUPLINGS, BUSHINGS 750-462.0000.63550 49.90

I5214229 ELBOWS, BUSHINGS, METER GASKETS 750-462.0000.63550 750.48

I5205029 SERVICE PARTS -BALL VALVE CURB STOP750-462.0000.63550 1,266.16

H1957 Horizon

2S114964CheckAPMWB HIGHLANDS-WELL 9 PARTS 750-462.0000.68010 895.94

I339 Interstate Business Center

INV0113867CheckAPMWB DUES 750-462.0000.62060 79.27

K100 Kootenai County Solid Waste

10-81652.00 7.15.19CheckAPMWB WATER DEPT SANITATION 750-462.0000.65050 12.80

VEN12699 Mike White Ford of Coeur d'Alene

24273CheckAPMWB W116 REPAIRS 750-462.0000.67170 87.20

N0991 Norco Inc

26892774CheckAPMWB SAFETY GLASSES 750-462.0000.63110 132.00

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Page 17 of 217/31/2019 10:41:34 AM

7/31/2019Check Date:APPKT07449 - CHECK RUN 8.07.19

01 - Vendor Set 01

Packet:

Vendor Set:

Bank Code Invoice DescriptionInvoice # Account Number Distribution AmountPayment Type

Vendor Number Vendor Name

26348416CheckAPMWB REFLECTIVE VESTS 750-462.0000.63110 65.12

V040 Office Depot

337632703001CheckAPMWB Office Supplies - Water 750-462.0000.63060 52.49

344193956001 Office Supplies - Water/WW 750-462.0000.63060 19.99

335960325001 750-462.0000.63060 52.56

P140 Pass Word, Inc.

10231806CheckAPMWB OVERCALL CHARGES 750-462.0000.62320 794.22

R251 Ranch & Home Ace Hardware

299022/1CheckAPMWB BATTERIES 750-462.0000.63280 43.17

299559/1 CLAMP, TURNBUCKLE 750-462.0000.63280 57.28

299675/1 AIR/LIQUID PUMP 750-462.0000.63280 16.19

299271/1 CREDIT RETURN BIBB HOSE 750-462.0000.63280 -12.59

299270/1 BIBB HOSE 750-462.0000.63280 37.77

R2175 Ross Point Water

INV0113788CheckAPMWB JULY WATER SHUT OFFS 750-462.3317.33610 70.00

T106 Titan Truck Equipment

1234219CheckAPMWB W105 REPAIRS 750-462.0000.67170 676.86

U145 USABlue Book

937896CheckAPMWB DIFFUSER KIT 750-462.0000.63280 1,157.24

936705 HYDRANT PARTS 750-462.0000.63280 462.12

950250 HYDRANT OIL 750-462.0000.63280 132.95

941733 HYDRANT GREASE 750-462.0000.63280 104.17

11,584.00Dept 462 Total:

19,836.92Fund 750 Total:

Fund: 753 - WATER CAPITAL

Dept: 462 Water Operating

C291 Coeur d' Alene Press

I00304118-06222019CheckAPMWB 2019 WELL PROJECTS-BID ADV 753-462.3204.95550 169.28

169.28Dept 462 Total:

169.28Fund 753 Total:

512,056.98Report Total:

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Post Falls Check ApprovalCity of Post Falls Fund Summary

Fund Account Amount

001 - GENERAL FUND

001-22080 250.00

001-411.0000.66050 26.27

001-412.0000.80010 912.91

001-413.0000.66050 35.00

001-414.0000.62000 64.83

001-414.0000.63050 117.69

001-414.0000.63060 104.17

001-414.0000.63070 2,000.00

001-414.1445.62170 4,522.33

001-414.1445.62190 2,561.52

001-415.0000.62060 45.00

001-415.0000.66050 17.51

001-415.0000.66080 623.00

001-417.0000.92075 9,119.18

001-418.0000.66050 35.01

001-421.0000.62310 609.84

001-421.0000.63010 65.43

001-421.0000.63070 29.91

001-421.0000.64010 15.50

001-421.0000.64020 1,145.00

001-421.0000.64030 4,354.05

001-421.0000.65030 84.01

001-421.0000.65050 160.80

001-421.0000.66041 2,329.00

001-421.0000.66043 605.00

001-421.0000.66050 815.55

001-421.0000.67170 4,751.21

001-421.0000.67190 521.80

001-421.0000.67310 9,687.50

001-421.0000.68010 58.00

001-421.0000.90020 40,167.00

001-421.1514.33207 10.00

001-421.4000.72000 334.13

001-421.4000.72020 8.50

001-423.1141.68400 1,300.00

001-423.1153.68400 5,734.40

001-424.0000.63010 1,497.75

001-424.0000.64030 73.55

001-427.0000.62040 45.00

001-427.0000.63000 638.19

001-427.0000.64030 118.07

001-427.0000.65004 25.60

001-431.0000.63110 18.50

001-431.0000.63260 238.40

001-431.0000.64030 3,135.85

001-431.0000.68090 197.14

001-431.0000.68100 47.28

001-431.0000.68110 1,003.20

001-431.0000.68130 54,408.82

001-431.0000.68150 557.17

001-431.0000.95215 56,841.98

001-432.0000.63060 60.78

001-433.0000.63140 428.19

001-433.0000.63150 357.91

001-433.0000.63730 4.13

001-433.0000.64030 124.41

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001-433.0000.67030 103.71

001-433.0000.68160 37.72

001-434.0000.63007 795.20

001-434.0000.63060 2.24

001-434.0000.63160 568.40

001-434.0000.63540 115.32

001-434.0000.65113 1,556.86

001-434.0000.67050 6,536.40

001-434.0000.67090 786.06

001-434.0000.67160 298.79

001-434.0000.67190 455.55

001-434.4000.72000 889.06

001-441.0000.64030 166.70

001-442.0000.63060 22.49

001-442.0000.63420 3,000.00

001-442.0000.63760 2,805.00

001-442.0000.64030 617.67

001-442.0000.65050 53.60

001-442.0000.68170 192.88

001-442.0000.68200 58.75

001-442.0000.68230 62.53

001-442.1670.33307 237.50

001-443.0000.62000 35.65

001-443.0000.62040 3,500.00

001-443.0000.62180 257.90

001-443.0000.63060 258.96

001-443.0000.63080 11.20

001-443.0000.63110 134.38

001-443.0000.63150 1,741.52

001-443.0000.64010 287.56

001-443.0000.64030 2,679.18

001-443.0000.65050 227.75

001-443.0000.66190 73.84

001-443.0000.67030 149.43

001-443.0000.67050 253.54

001-443.0000.67070 81.55

001-443.0000.67090 349.40

001-443.0000.68160 3,797.76

001-443.0000.68180 900.00

001-443.0000.68190 1,073.20

001-443.0000.68200 45.87

001-443.0000.68215 43.22

001-443.0000.68220 670.93

001-443.0000.68230 1,149.92

001-443.0000.68240 145.80

001-443.0000.68250 6.28

001-443.1658.62330 124.54

001-445.0000.62040 795.20

001-445.0000.63060 49.84

001-445.0000.63080 1,438.78

001-445.0000.63210 795.00

001-445.0000.66050 210.04

001-445.1633.33377 3,288.60

001-450.1753.38507 200.00

001-450.1756.38501 334.00

001-451.0000.62000 2,102.39

001-451.0000.63000 74.49

001-451.0000.63060 170.70

001-451.0000.66010 12,075.00

001-451.1901.66140 123.95

001-452.0000.62040 50.00

001-452.0000.63060 137.98

001-452.0000.63210 156.35

001-452.0000.64030 452.20

001-452.1901.66140 123.97

001-453.0000.63060 46.65

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001-453.0000.63610 117.59

001-453.0000.64030 305.80

001-453.1757.38511 3,756.00

001-453.1901.66050 123.96

001-481.0000.68390 321.60

277,654.87Fund 001 Total:

003 - PERSONNEL BENEFIT POOL

003-482.0000.64080 330.00

003-482.4000.73000 170.00

500.00Fund 003 Total:

007 - DRUG SEIZURE PROGRAM

007-425.0000.67020 32.00

007-425.1142.67020 47.45

79.45Fund 007 Total:

008 - 911 SUPPORT

008-426.0000.67290 19,095.00

19,095.00Fund 008 Total:

011 - FACILITY BUILDING RESERVE

011-491.1801.93200 29.60

011-491.1801.93270 1,400.00

1,429.60Fund 011 Total:

023 - SPECIAL EVENTS

023-446.1601.63000 1,854.76

023-446.1664.63000 938.00

2,792.76Fund 023 Total:

029 - CEMETERY CAPITAL IMPROVEMENT

029-442.1670.39315 237.50

237.50Fund 029 Total:

038 - PARKS IMPACT FEES

038-443.0000.93155 25,893.75

038-443.0000.93295 76,583.06

038-443.0000.94180 10,222.93

038-443.2013.95520 4,348.00

117,047.74Fund 038 Total:

650 - RECLAIMED WATER OPERATING

650-463.0000.62040 15,852.98

650-463.0000.62150 29,184.30

650-463.0000.62180 2,384.00

650-463.0000.63008 6,348.00

650-463.0000.63060 163.49

650-463.0000.63110 42.39

650-463.0000.63400 2,219.93

650-463.0000.65005 458.18

650-463.0000.65050 482.40

650-463.0000.67090 99.99

650-463.0000.68010 154.82

650-463.0000.68025 1,440.75

650-463.0000.68360 553.00

650-466.0000.62040 300.00

650-466.0000.62320 794.22

650-466.0000.63006 425.55

650-466.0000.63330 2,415.87

650-466.0000.65005 1,682.86

650-466.0000.66190 62.99

650-466.0000.68021 4,181.56

650-468.0000.65005 405.41

650-468.0000.68220 1,960.96

650-468.0000.68380 89.06

71,702.71Fund 650 Total:

652 - RECLAIMED WATER CAPITAL - COLLECTOR

652-463.3222.95520 272.36

272.36Fund 652 Total:

700 - SANITATION

700-461.0000.65050 1,238.79

1,238.79Fund 700 Total:

750 - WATER OPERATING

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Page 21 of 217/31/2019 10:41:34 AM

750-17000 8,252.92

750-462.0000.62060 79.27

750-462.0000.62320 794.22

750-462.0000.63060 125.04

750-462.0000.63110 197.12

750-462.0000.63280 3,193.14

750-462.0000.63550 2,450.72

750-462.0000.64030 1,032.93

750-462.0000.65050 12.80

750-462.0000.66050 43.26

750-462.0000.67170 764.06

750-462.0000.68010 895.94

750-462.0000.68360 910.00

750-462.0000.91280 735.50

750-462.3317.33610 350.00

19,836.92Fund 750 Total:

753 - WATER CAPITAL

753-462.3204.95550 169.28

169.28Fund 753 Total:

512,056.98Report Total:

Page 43: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

07/12/2019 189.68$ 72592 AT&T Pay Before Due Date Various07/12/2019 33,640.16$ 72593 AVISTA Utilities Pay Before Due Date Various07/12/2019 71.95$ 72594 Frontier Pay Before Due Date Various07/12/2019 481.18$ 72595 Idaho State Tax Commission Pay Before Due Date 001-2209507/12/2019 25,422.43$ 72596 Kootenai Electric Pay Before Due Date Various07/12/2019 12.70$ 72597 Time Warner Cable Pay Before Due Date 001-417.0000.6308007/19/2019 33,142.98$ 72598 AVISTA Utilities Pay Before Due Date Various07/19/2019 163.50$ 72599 Frontier Pay Before Due Date Various07/19/2019 114.98$ 72600 Time Warner Cable Pay Before Due Date 001-442.0000-6503007/26/2019 830.48$ 72616 FedEx Needed Before Next Check Run 750-462.0000.6405007/26/2019 79.22$ 72617 Frontier Pay Before Due Date 001-445.0000.6503007/26/2019 51.02$ 72618 Kootenai Electric Pay Before Due Date 001-443.0000.6502107/26/2019 99.98$ 72619 Time Warner Cable Pay Before Due Date 001-412.0000.6504007/26/2019 302.81$ 72620 Verizon Wireless Pay Before Due Date Various

94,603.07$

ACCOUNTS PAYABLE HANDCHECK ACCOUNTABILITY FOR CHECK RUN 08.07.2019

Page 44: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6, 2019

DATE: July 22, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC SERVICES DEPARTMENT COMMUNITY DEVELOPMENT – PLANNING DIVISION

SUBJECT: CONSENT ITEM FOR THE AUGUST 6, 2019 CITY COUNCIL MEETING BERKSHIRE PLACE SUBDIVISION FILE NO. SUBD-0012-2019

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the Mayor’s signature of the Master Development Agreement for the Berkshire Place Subdivision. DISCUSSION: The applicant (Polar Company, LLC, Matt Afana) has requested to subdivide approximately 4.0 acres into 8 Single-Family Residential (R-1) lots. The project is located approximately .3 miles west of N. Chase Rd. On June 11, 2019 a public hearing was held before the Planning & Zoning Commission. After receiving testimony and hearing the staff report, the Commission moved to approve the requested subdivision with conditions. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: Copy of the Master Development Agreement

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6, 2019

DATE: July 22, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC SERVICES DEPARTMENT COMMUNITY DEVELOPMENT – PLANNING DIVISION

SUBJECT: CONSENT ITEM FOR THE AUGUST 6, 2019 CITY COUNCIL MEETING TULLAMORE 8TH ADDITION SUBDIVISION & PUD MAJOR AMENDMENT FILE NOS. SUBD-0009-2019/PUD-0003-2019

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the Mayor’s signature of the Master Development Agreement for the Tullamore 8th Addition Subdivision. DISCUSSION: The applicant (Copper Basin Construction, INC, Steve White) has requested to subdivide approximately 6.0 acres into 8 Single-Family Residential (R-1) lots. The project is located east of Charleville Rd; north of E. Killdeer Ave., and west of HWY41 within the Tullamore Subdivision. On June 11, 2019 a public hearing was held before the Planning & Zoning Commission. After receiving testimony and hearing the staff report, the Commission moved to approve the requested subdivision with conditions. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: Copy of the Master Development Agreement

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6TH, 2019

DATE: JULY 23RD, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: BILL MELVIN, CITY ENGINEER

SUBJECT: FOXTAIL 4TH ADDITION SUBDIVISION CONSTRUCTION IMPROVEMENT AGREEMENT

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the Mayor to sign the Construction Improvement Agreement for the subject subdivision. DISCUSSION: This Agreement reflects the construction phase of the Foxtail 4th Addition Subdivision. The Agreement sets forth the typical expectations of the Developer of the subdivision, and sets forth the responsibilities of the Developer and the City of Post Falls. This is a 36-lot subdivision, with the application for plat submitted by Melissa Wells, Coeur Development, LLC. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: A copy of the Construction Improvement Agreement is available in the Community Development office for review.

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6TH, 2019

DATE: JULY 23RD, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: BILL MELVIN, CITY ENGINEER

SUBJECT: BERKSHIRE PLACE SUBDIVISION CONSTRUCTION IMPROVEMENT AGREEMENT

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the Mayor to sign the Construction Improvement Agreement for the subject subdivision. DISCUSSION: This Agreement reflects the construction phase of the Berkshire Place Subdivision. The Agreement sets forth the typical expectations of the Developer of the subdivision, and sets forth the responsibilities of the Developer and the City of Post Falls. This is an 8-lot subdivision, with the application for plat submitted by Matt Afana, Polar Company, LLC. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: A copy of the Construction Improvement Agreement is available in the Community Development office for review.

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: 08/06/2019

DATE: 08/06/2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Michael Kirby, I.T. Administrator

SUBJECT: Surplus computer disposal

ITEM AND RECOMMENDED ACTION: Designate the attached list of computers as surplus for disposal DISCUSSION:

This equipment has exceeded their useful life with the City and are ready for disposal. They would no longer be a beneficial upgrade to any of the other computers now in use by the City. They will be dismantled for useful spare parts, wiped clean of City information and disposed of.

ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: APPROVED OR DIRECTION GIVEN: FISCAL IMPACT OR OTHER SOURCE OF FUNDING: None BUDGET CODE: SUPPORTING DOCUMENTS: Next Page

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11 Desktops: Model – Optiplex 745 1) S/N – 5DNT8C1, Post Falls Asset – 5246 Model – Optiplex 990 1) S/N – 2NDSVV1, Post Falls Asset – 4604 Model – Optiplex 990 2) S/N – 2NGPVV1, Post Falls Asset – 4599 Model – Optiplex 990 3) S/N – 9DT2QS1, Post Falls Asset – 4586 Model – Optiplex 990 4) S/N – 2NFQVV1, Post Falls Asset – 4603 Model – Optiplex 990 5) S/N – 2NFSVV1, Post Falls Asset – 4601 Model – Optiplex 3010 1) S/N – 6XF1CX1, Post Falls Asset – 4630 Model – Optiplex 3010 2) S/N – 80Z0DY1, Post Falls Asset – 4710 Model – Optiplex 3010 3) S/N – JLCHBZ1, Post Falls Asset – 4708 Model – Optiplex 7010 1) S/N – 24HJ6Y1, Post Falls Asset – 4654 Model – Optiplex 390 1) S/N – 70PGVR1, Post Falls Asset – 4571 01 Servers: Model – PowerEdge 2850 1) S/N – BT726B1, Post Falls Asset – 5231 05 Dell Laptops: Model – Latitude 131L 1) S/N – 23BTMC1, Post Falls Asset – 5256 Model – Latitude 131L 2) S/N – 57BTMC1, Post Falls Asset – 5259 Model – Latitude 131L 3) S/N – 89BTMC1, Post Falls Asset – 5261 Model – Latitude 131L 4) S/N – 95BTMC1, Post Falls Asset – 5257

Model – Latitude 131L 5) S/N – 96BTMC1, Post Falls Asset – 5262 01 Lenovo Laptop: Model – ThinkPad Edge M370 1) S/N – 1S031925U LR7D3XA, Post Falls Asset – 4574 01 Dell Monitor: Model – Dell 19 1) S/N - CN-OFP182-71618-84P-RHCG, Post Falls Asset – 5283

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6TH, 2019

DATE: JULY 24, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: BILL MELVIN, CITY ENGINEER

SUBJECT: REAL LIFE MINISTRIES GRANT OF RIGHT-OF-WAY AND EASEMENTS

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the execution of the Grant of Right-Of-Way and the Easements by Ronald Jacobson, City Mayor. DISCUSSION: In conjunction with the site plan for the Real Life Ministries project, the attached documents were part of the agreement for development between the City and Real Life Ministries. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: Original documents are attached.

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6TH, 2019

DATE: JULY 25TH, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: BILL MELVIN – CITY ENGINEER

SUBJECT: PIER 20 & 21 RE-PLAT APPLICATION

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the Mayor’s signature of the re-plat for the Pier 20 & 21 Subdivision. DISCUSSION: The Developer has provided surety for the remaining improvements. The Engineering Division certification has been provided on the plat application. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: Under the Subdivision Ordinance the plat application is returned to Council, for authorization of the Mayor’s signature. Certification is required from the Engineering Division that infrastructure improvements have been completed, or that surety has been provided to guarantee the completion of the improvements. FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: A copy of the plat application, surety, and engineer’s estimate are available in the Community Development Department for review.

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: August 06, 2019

DATE: JULY 25, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: ROBBIE QUINN, PARKS PLANNER

SUBJECT: FABRICATION OF PARK BENCHES AND TRASH RECEPTACLES

ITEM AND RECOMMENDED ACTION: With approval of the consent agenda, City Council authorizes the Mayor to sign the estimate from Premier Powder Coating & Custom Fabrication, LLC for the fabrication of park benches and trash receptacles. DISCUSSION: The parks division is seeking council approval for the fabrication of (21) park benches and (16) park trash receptacles. These new standard bench and trash receptacles will be installed at various park sites, including, Beck Park, Black Bay Depot, Crown Pointe, Falls Park, Park in the Meadows, Q’emiln Park, Syringa Park, and Tullamore Park. The furnishings will be used for both new park installations and existing park replacements. The goal with the new standard design furnishings is to provide a uniform and consistent look and feel throughout the entire Post Falls park system. Tullamore, Falls Park, and Syringa Park have a few of the new design furnishings currently installed. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: $49,496.05 BUDGET CODE: Avista M & O 001-443.1658.62330 Crown Pointe 038-443.2013.95520 Black Bay Depot Landscape 038-443.0000.94230 Beck Shelter 038-443.0000.80160 Meadows Shelter 038-443.0000.94160 Parks Construction 001-444.0000.94180 Tullamore 038-443.0000.94180 SUPPORTING DOCUMENTS: Premier Powder Coating & Custom Fabrication, LLC estimate.

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Authorization to Proceed

EstimateDate

7/17/2019

Estimate #

7494

Post FallsPost Falls, ID 83854208-773-8147

115 North 2nd West

Signature Total

Subtotal

Sales Tax (0.0%)

Phone: 208-356-3263 Fax: 208-359-5325 Web Site: ppccfab.com

All projects over $1,000 requires a negotiated down payment.Unless prior credit arrangements have been established, all

invoices are due upon shipment.Prices are good for 30 days. Prices are subject to change due tometal cost increases. Any changes outside this scope justifies a

change in pricing.

Description# Qty Cost Total

6' Maple bench, arched back (constructed of continuous 1/4' cold rolled,sheet steel; full welds with no overlapping materials) with back andarmrests, 72'x29'x40', 200 lbs. with logo. 8- Black, 12- Red, 1- Green

1 21 1,335.05 28,036.05

32 gallon Aspen receptacle, 36'x24', 115 lbs. Powder coated in choice ofcolor with logo. Dome Top lid. 10- Black, 4- Red, 2- Green

2 16 1,060.00 16,960.00

Shipping & handling Full truck load from 83440 to 83854 Shipping quotegood for 7 day will need to be re-quoted before delivery.

3 2 2,250.00 4,500.00

_____________________________________ $49,496.05

$49,496.05

$0.00

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6, 2019

DATE: JULY 29, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: ROBBIE QUINN, PARKS PLANNER

SUBJECT: BID FOR PATIO AND ADA RAILING

ITEM AND RECOMMENDED ACTION: With approval of the consent agenda, City Council authorizes the Mayor to sign the bid with Cooper Fabrication Inc. at Black Bay Depot. DISCUSSION: The parks division is in the process of remodeling the Black Bay Depot site. The parks division is seeking a contractor to perform the necessary fabrication and installation of guard rail and ADA hand rail. The Black Bay Depot will have an elevated patio off the back doors and an ADA accessible path from the parking lot to the back-yard space. Both the patio and ADA accessible path will require guardrail and/or handrail fabrication. The parks division has selected Cooper Fabrication Inc. to complete this work. They have experience performing projects of this nature and are available to complete the work on the timeline necessary to facilitate the construction of the project. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: Previous landscape construction related contracts have been before council. Contract with Evan Ferguson Concrete, Inc. for landscape concrete work, contract with BCR Land Services, Inc. for landscape earthwork, contract with Northwest Playground Equipment, Inc. for playground safety surfacing tiles, and contract with Coast to Coast Turf for synthetic turf field installation. APPROVED OR DIRECTION GIVEN: Council approved these previous landscape construction contracts. FISCAL IMPACT OR OTHER SOURCE OF FUNDING: Park Impact Fees - $18,550.00 BUDGET CODE: Black Bay Depot Landscape 038-443.0000.94230 SUPPORTING DOCUMENTS: Cooper Fabrication Inc. Bid

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CF COOPER FABRICATION, INC.

July 29, 2019

TO: City of Post Falls Parks Department ATTN: Robert Quinn

FROM: Cooper Fabrication Inc.

PO Box 2824 Post Falls Id, 83877

RE: Railings for the Black Bay Depot

ESTIMATE: ● Labor to fabricate guard rail at Southside deck/patio and curved ADA rail at East

end of building. Approximate footage 215 feet.● Patio/Deck posts will be 1-¼ inches square and cored into the surface.● ADA rail will be pipe 1-⅝” OD and mounted on base plates.● ADA rail will have a center pipe at approximately mid height.● ADA bottom rail at 3-½ inch ground clearance is not included (not sure if it is

necessary)● All rails will be powder coated and installed.● **Price is subject to change based off actually measurement of locations**

PRICE : $18,550.00

____________________________________________________________________________ P.O. Box 2824 (Mail) Phone: (208) 777-0114 2869 E Seltice Way (Shop) Fax: (208) 262-9901 Post Falls, ID 83877

Approval Signature____________________________ Date___________________

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6, 2019

DATE: JULY 29, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: ROBBIE QUINN, PARKS PLANNER

SUBJECT: CONTRACT FOR BECK PARK SPLASH PAD CONSTUCTION

ITEM AND RECOMMENDED ACTION: With approval of the consent agenda, City Council authorizes the Mayor to sign the contract for construction services for the Beck Park Splash Pad Construction. DISCUSSION: The parks division is seeking a contractor to furnish material and labor to complete the necessary work to provide excavation and equipment installation, concrete flatwork and site restoration for the proposed splash pad facility at Beck Park. The contractor holds the required Idaho licensed public works contractor license. Three available contractors were solicited, and Land Expressions was the only timely responding bidder. The contractor has experience in performing construction projects of this nature and has recently completed the Syringa Park Splash Pad and Tullamore Park Splash Pad. The contractor is available to complete the work on the timeline necessary to facilitate the construction of the park at a favorable price. At this price informal bidding is permitted within the city purchasing policy and these procedures were followed. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: This is the third splash pad related item at Beck Park before council. Council previously reviewed the purchase of splash equipment purchase on July 2, 2019 and the quote for splash pad drainage provisions on July 16, 2019. APPROVED OR DIRECTION GIVEN: Council approved both the equipment purchase and the quote for splash pad drainage provisions FISCAL IMPACT OR OTHER SOURCE OF FUNDING: General Fund- $109,880.00 BUDGET CODE: General fund (001-444.0000.94180) SUPPORTING DOCUMENTS: Land Expression Bid Response

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SITE ACCESS / PROTECTION 4,186.18$ - Orange construction fence around 3 trees.- 6' site fence enclosing construction area and staging.- Clean up staging area (in parking lot) upon completion.

CLEAR / GRUB / DEMOLITION 18,269.05$ - Demolish all hardscape surfaces in limit of work.- Load and dispose of hardscape materials appropriately.- Clear and grub all organic material within limit of work - ASSUMES NO MORE THAN

10" OF SOIL / SOD REMOVAL.- Load and dispose of organic materials appropriately.** NOTE: all material to be disposed at City site used for Tullamore

TRENCHING 4,183.54$ - Trench for all fixture component piping and irrigation (excludes drainage).- Excavate for potable water tie in and manifold.- Backfill and compact with native soils out side of pad, structural under concrete if

existing soils are not suitable.

DRAINAGE 3,864.66$ - Trench / backfill for drainage piping. Use structural for 'laterals' if existing soils are

not suitable.- Supply and install 4" pvc 'lateral' pipes from drain fixtures to main trunk line.- Supply and install 6" pvc trunk line with cleanout; route to drywell location.** Note: Drywells by others.

CONCRETE 41,973.01$ - Set rough grade and place 4" depth, 5/8" minus crushed top course and compact.- Supply and install concrete per plans.- Joint sealant for expansion joints.- Repair cut asphalt path with concrete.

IRRIGATION 2,824.91$ - Relocate valves, mainline, laterals and sprinkler heads so that they are out from

under new splash pad.- Install 2 wire in trench path.- Trench for and install sleeving for future.- Supply and install automatic irrigation controller.

SOIL WORK 4,107.88$ - Supply and install (2") inches of imported TurfBuilder soil to distsurbed lawn areas

to grade to splash pad for sod.- Grade soil for uniform depth and tie to existing grade and contours.

July 26, 2019

BECK PARKSplash Pad Proposal

Per plans dated 07.11.19

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SOD LAWN 4,247.72$ - Fine grade soil to accept sod.- Supply and install sod (+/- 4000 sf).

ROUGH IN | CIP 16,122.11$ - Layout splash pad and components by triangulation.- Excavate for component cans, area drains. Set sonotubes, pour concrete bases.- Wet set hardware.- Install cans and plumb.- Excavate for splash pad vault/manifold and install.- Route potable water to manifold; supply and install 3" gate valve, PRV, RPB with

concrete slab.- Install all piping from components to manifold.

TRIMOUT | DETAILING 1,846.36$ - Set all components after concrete.- Install activation bollard.- Start splash pad and test controller and factory programming.

ELECTRICAL 4,666.73$ - Labor, material, tools and equipment for electrical work for splash pad.** Permit provided by owner.

BID BOND 3,587.86$ - provide bid bond for project per specifications.

TOTAL: $ 109,880.00

BIDDING NOTES:- In the event of a discrepancy between this Proposal/Exhibit A or the landscape plans, this

Proposal/Exhibit A takes precedence.- Pricing valid for 30 days.- Costs based on Private Wages.- Turf grass is not warranted against fungal, bacterial, or viral diseases.- Access and staging area to be provided by owner / general contractor.- Proposal assumes a 2" curbstop on park side of walk will be provided for tie in for splash

pad installation.

EXCLUSIONS:- Any necessary permits or bonding.- Professional surveying or staking.- Any structures.- Site furniture.- Dry well installation.- Jack hammering or other means required if rock is encountered.

Land Expressions | Page 2 of 2

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Company Data:

Type of Company LLC D&B Number 180934256

In Business Since (1987) Bond Rating 1.7% to 2%

Fed Tax ID Number 91-1580746 Bond Capacity Low 7 (Figure)

License Number LANDELL044CO WA Annual Sales Volume +/- 3m

Worker’s Comp Rate 0.9375 (2018) 0.7500 (2017) 0.6000 (2016)

Project Contact:

Clayton Varick t: 509.466.6683 c: 509.999-2242 f: 509.466.7694

Vice President / Licensed Landscape Architect e: [email protected]

Complete Service: …our expertise is derived from complete project understanding.

In addition to turn-key construction services, Land Expressions offers comprehensive estimating & cost/time saving

methods, hydraulic calculations, pump station and SMART irrigation design. We have successfully relocated

natural streams, rehabilitated aquatic ecosystems, constructed natural ponds & lakes, and built formal fountains

which incorporate fully automated, choreographed jets and light as well as other specialty features.

Geographic Footprint: …travel does not limit our motivation to deliver excellence.

Land Expressions has completed work in 17 states as well as 2 international efforts in the Asian market place.

Primarily our installations occur in the Western United States (WA, OR, ID, MT, UT).

Operations: ..communication is paramount within any collaborative relationship.

Our construction operations are controlled by a division manager. We employ over 25 full-time construction

laborers whom are overseen by 5 foremen. Foreman all have over 10 years (many with 15 or more) of specialized

construction experience with Land Expressions.

Acknowledgements: …recognition from peers and professional organizations.

Land Expressions has received 1 international award, 10 national awards and 16 state awards along with 7 national

safety awards.

Client Protection: …a holistic approach to protect ALL parties involved.

✓ Fully licensed & insured contractor, with a current bonding capacity of up to 2 million dollars.

✓ Drug Free Organization with standard testing & safety programs monitored in accordance with General

Contractors and/or Clients similar program.

✓ Workers Compensation, General Liability, and Professional Liability Insurance

References: …attest to our focus on client satisfaction and relationships.

Elvin “Speed” Fitzhugh

Avista Corporation

Multiple Projects- Spokane, WA

509.495.4998

Ball Ventures

Tana Barney

Snake River Landing

208.523.7942

City of Gresham, OR

Jason Branstetter

The Children's Fountain

503.618.2516

Water Feature Contractor

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Clayton Varick, PLA | Landscape Architect

Professional Experience

1999 to Present

Land Expressions, LLC

Mead, Washington

Executive Manager / Landscape Architect

▪ Marketing, Sales, and Business Analysis

▪ Design & Construction Project Management

▪ Specializing in Water Feature Design and

Construction.

▪ Developed and Maintains companywide

cost estimating software.

▪ Maintain and seek out new partnerships

with A/E community and contractors

Management of commercial, residential, and

municipal projects with duties including:

▪ Responsible for project development from

initial concept plans through construction.

▪ Review, comment, and revise construction

documents for bidding and construction.

▪ Appear on behalf of clients.

▪ Project close-out, billing, and follow-up.

Construction Management

▪ Develop construction bids and proposals

for in house projects and bid build projects

▪ Develop detailed construction schedules

Professional Bio

As Executive Manager Clayton is accountable for all areas of the

company. Clayton also serves as a resource for the Design Studio

and generates and oversees the estimating tasks associated with

every project in our organization. He works closely with each

designer and his own professional contacts to develop proposals

and secure work.

On a project specific level, Clayton is a project manager –

overseeing design, final cost proposal and serving as the primary

contact for business tasks once the project commences. He is a

liaison; facilitating communication and decision process between

the general contractor or owner’s representative, the lead

landscape architect and superintendent for construction.

Professional Registration & Affiliations

2003 Washington Landscape Architect #915

Landscape Construction Professional OR #14810

Licensed Contractor UT #6568574-5501

Memberships: ▪ American Society of Landscape Architects, Member ▪ NALP ▪ Spokane Executives Association, Board Member ▪ Spokane Community College, Board Member

Education ▪ Washington State University BLA 2000

Relevant Project Experience (individual & firm efforts)

Gresham Children’s Fountain

Gresham, OR

City of Gresham

Prime consultant and general contractor for park water feature.

Served as project manager and the offsite construction manager

for installation of a complex interactive fountain system. Hosted

weekly site meetings, maintained a detailed construction schedule

and managed cost tracking documentation.

Edgecliff Park

Spokane Valley, WA

City of Spokane Valley

Competitive bid work, constructed splash pad working directly for

the City. As project construction manager, tasks included all

takeoffs, subcontractor proposal solicitations, detailed scheduling

and bid compiling. During construction, scheduling subcontractors

(concrete, electrical), site and permit inspections (Department of

Health) as well as our own labor and equipment.

Riverfront Park Rotary Fountain

Spokane, WA

Walker Construction

The Fountain / Splashpad is currently under

construction and will open in May 2018.

As a subconsultant, worked the City PMT to renovate a

nonworking, red-flagged existing fountain in historic Riverfront

Park. Served as the lead during the design, providing technical

guidance and coordination among the various other consultants,

while keeping intent-on-meeting project goals (code compliant

splash pad and budget), permitting and construction detailing.

Also bid and won this project and is serving as the construction

project manager.

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Brandon Jeske, CLT-E | Contractor’s Superintendent16.16

Professional Experience Professional Registration & Affiliations

2002 to Present

Land Expressions, LLC | Mead, Washington Superintendent

Management of commercial, residential and

municipal projects with duties including:

▪ Organize and direct landscape / water

feature construction activities to meet

plans and specifications

▪ Managing staff to efficiently perform the

necessary duties required to complete

large and complex projects

▪ Establish budgets and quality standards

for each project

▪ Educates subordinates in keeping a safe

job site and healthy, productive work

environment

Washington Certified Landscape Technician – Exterior

Profession Landscape Network (PLANET) Continuing Education

2003 Washington Association of Landscape Professionals

Edmonds, WA ▪ Certified Landscape Technician Exterior

1991 - 2001

Spokane Community College | Spokane, WA

Department of Environmental Sciences ▪ Studies in Horticulture ▪ Agriculture Business ▪ Natural Resources ▪ Water Resources ▪ Greenhouse / Nursery ▪ Landscape / Turf

Relevant Project Experience (individual and firm efforts)

pu

blic Avista Upper Falls, Spokane, WA

Aesthetic Spill Pilot Test - Spokane, WA

Seattle University – Seattle, WA

‘Illuminating Courage’ Veterans Memorial, Spokane, WA

park

Children’s Fountain, Gresham, OR

Huntington Park, Spokane, WA

Spokane Tribal Gathering Place, Spokane, WA

pri

vate

Pyrotek International, Spokane, WA

St. Anthony Hospital ‘ Pendleton, OR

The Colony, Park City, UT

South West Medical, Vancouver, WA

Caldera Springs, Sun River, OR

Snake River Landing, Idaho Falls, ID

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Eastmont Community Park Splash Pad

Owner: Eastmont Metropolitan Park District

Budget: $249,463.00

Build Date: Complete July 2018

Scope: Included design and installation of splash pad in city park.

We developed an aeronautical theme with city staff that has an

important historical significance. We met their budget of

$250,000.00 as well as their aesthetic budget and schedule goals.

We installed all mechanical, flatwork and equipment in an active

park.

Primary Services: Landscape Architect and General Contractor

Key Team Members:

Dave Nelson: Design Project Manager

Clayton Varick: Water Feature Design

Brandon Jeske: Water Feature Construction Manager

References:

Owner’s Representative: Eastmont Metropolitan Park District, Sally

Brawley

P: (509) 884-8015

Spokane Riverfront Park Rotary Fountain

Owner: City of Spokane, Washington

Budget: $ 598,822.00

Build Date: Complete May 2018

Scope: Design/Build a new mechanical system and update all

components to meet current health standards. The fountain was

completely dis-assembled and rebuilt, including new flatwork and

drainage system.

Primary Services: Landscape Architect and General Contractor

Key Team Members:

Dave Nelson: Design Project Manager

Clayton Varick: Water Feature Design and Construction Manager

Brandon Jeske: Water Feature Construction Manager

References:

Owner’s Representative: City of Spokane, WA; Berry Ellison

P: (509) 994-9932

Representative Water Feature Projects

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Edgecliff Park Splash Pad

Owner: Spokane Valley Parks

Budget: $76,416.00

Build Date: completed July 2017

Scope: Installation of splash pad in city park. Competitive bid

came in on budget and allowed the only alternate for color to be

accepted. We installed all mechanical, flatwork and equipment in

an active park as well as landscape repair to the park for access.

City supplied all splash pad components.

Primary Services: General Contractor

Key Team Members:

Clayton Varick: Project Manager

Jed Rivera: Site Foreman

References:

Owner’s Representative: MTLA – Mike Terrell, Owner/PLA,

[email protected]

Owner: Mike Stone – City of Spokane Valley Parks and Recreation,

[email protected]

Syringa Park Splash Pad

Owner: City of Post Falls, Idaho

Budget: $135,089.00

Build Date: Completed fall of 2018

Scope: Competitive bid process, requiring shop drawings for

concrete design and grading. We installed all mechanical,

flatwork and equipment in an active park as well as landscape

repair to the park for access. Minor concrete improvements for

ADA and site furniture. City supplied all splash pad components.

Primary Services: General Contractor

Key Team Members:

Clayton Varick: Project Manager

Brandon Jeske: Site Foreman

References:

Owner’s Representative: City of Post Falls, Bryan Myers

[email protected]

Representative Water Feature Projects

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6, 2019

DATE: JULY 29, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: ROBBIE QUINN, PARKS PLANNER

SUBJECT: CONTRACT FOR PLAYGROUND INSTALLATION

ITEM AND RECOMMENDED ACTION: With approval of the consent agenda, City Council authorizes the Mayor to sign the bid with Intermountain Playground Co. at Black Bay Depot. DISCUSSION: The parks division is seeking a contractor to furnish material and labor to complete the necessary work to install an already purchased Playcraft Systems Train themed play structure. The contractor has experience in performing construction projects of this nature and is available to complete the work on the timeline necessary to facilitate the construction of the park at a favorable price. At this price direct selection is permitted within the city purchasing policy ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: Previous landscape construction related contracts have been before council. Contract with Evan Ferguson Concrete, Inc. for landscape concrete work, contract with BCR Land Services, Inc. for landscape earthwork, contract with Northwest Playground Equipment, Inc. for playground safety surfacing tiles, and contract with Coast to Coast Turf for synthetic turf field installation. APPROVED OR DIRECTION GIVEN: Council approved these previous landscape construction contracts. FISCAL IMPACT OR OTHER SOURCE OF FUNDING: Park Impact Fees - $11,453.00 BUDGET CODE: Black Bay Depot Landscape 038-443.0000.94230 SUPPORTING DOCUMENTS: Intermountain Playground Co. Bid

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7329 W. Airway Ct. Suite G Project:Boise, ID 83709 Quote #: QUO805(208)375-2993 Quote Date: July 29 2019

Valid For: 60 Days3920 W. 5th Ave.Post Falls, ID 83854 Contact: Bryan Myers(208)773-8817

Address: City Of Post Falls Idahointermountainplaygroundco.comcontact@intermountainplaygroundco.com

Item Description Qty Unit Price AmountInstallation of Playground Equipment Playcraft Stystems Locomotive Theme 1 $11,453.00 $11,453.00

PC-9423-R5

Subtotal: $11,453.00Tax Rate: 6.00%Sales Tax: $0.00Shipping: $0.00

TOTAL: $11,453.00

Notes/Comments:

Intermountain Playground Co. will charge the appropiate sales tax unless re-seller's permit is providedAll workmanship performed as per manufacturer's specifications and NRPA recognized CPSISite prep is not included unless specifiedInstallations, removals & site prep of playgrounds include labor, equipment, disposal fees unless specifiedTravel expenditures for remote sites includes fuel charges and lodging unless specified60% deposit required for all commercial services with exception of inspectionsInspection services require payment at time of document submission

Signature of Acceptance:_________________________________________________ Date:__________________________________

INTERMOUNTAIN PLAYGROUND CO.

QUO805

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CITY OF POST FALLS AGENDA REPORT

CONSENT AGENDA MEETING DATE: AUGUST 6TH, 2019

DATE: JULY 30, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: BILL MELVIN, CITY ENGINEER

SUBJECT: PUBLIC AT-GRADE CROSSING AGREEMENTS: UPRR / CITY OF POST FALLS

GRANGE AVE. (KN 19498 / DOT 662599M) AND SPOKANE ST. (KN 13414 / DOT 662601L)

ITEM AND RECOMMENDED ACTION: With approval of the Consent Agenda, City Council authorizes the Mayor to sign the Public Highway At-Grade Crossing Agreements with the Union Pacific Railroad Company (UPRR) for the subject at-grade crossings. DISCUSSION: During the construction of safety improvements at the two (2) subject railroad crossings in 2017 it was identified that the roadways lacked sufficient rights-of-way within the railroad corridor, to accommodate the necessary expansion of facilities for motorized and non-motorized transportation. The Idaho Transportation Department (ITD) has worked with the City in negotiating with the UPRR for acquisition of the necessary permanent easements. ITD has additionally agreed to cover the costs associated with said acquisition as part of their project expenses (KN 19498 & KN 13414). The agreements are necessary for the City to complete the construction of road widening and associated urban improvements (sidewalk / trial, curb & gutter) within the railroad corridor. Completion of these improvements will improve access and safety for motorized and non-motorized traffic along Spokane St. and Grange Ave. Agreements were previously reviewed by ITD and the City’s Legal Council ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: N/A APPROVED OR DIRECTION GIVEN: N/A FISCAL IMPACT OR OTHER SOURCE OF FUNDING: None – funded by ITD

- Grange Ave. Crossing (KN 19498 / DOT 6662599M) $25,100.00 - Spokane St. Crossing (KN 13414 / DOT 662601L) $ 4,700.00

BUDGET CODE: N/A SUPPORTING DOCUMENTS: A copy of the Agreements and accompanying ITD funding commitment letters are included.

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Key No. 13414 Project No. A013(414); Kootenai County Project Name: STC-7505, SPOKANE ST UPRR RRXING, POST FALLS UNION PACIFIC RAILROAD COMPANY Milepost and Subdivision 23.420, SPOKANE SUB USDOT No. 662601L CID No. 1460 PIN: 100767 UP Real Estate Folder No.: 3136-05 Audit Number ___________________

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

NORTH SPOKANE STREET DOT NUMBER 662601L

MILE POST 23.42 SPOKANE SUBDIVISION POST FALLS, KOOTENAI COUNTY, IDAHO

THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and the CITY OF POST FALLS, a municipal corporation or political subdivision of the State of Idaho to be addressed at ______________________________________________________ ("Political Body").

RECITALS:

The Political Body desires to undertake as its project (the “Project”) the

reconstruction and widening of the Spokane Street at-grade public crossing including addition of sidewalks at DOT Number 662601L at Railroad’s Mile Post 23.42 on Railroad’s Spokane Sub at or near Post Falls, Kootenai County, Idaho (the “Crossing Area”). The right of way currently used by the Political Body is not sufficient to allow for the reconstruction and widening including addition of sidewalks. The existing area currently used by the Political Body is depicted on Exhibit A as the “Existing Crossing Area” and the “New Crossing Area” which the Political Body needs in order to construct the Project is depicted on Exhibit A as the “New Crossing Area”, attached hereto and hereby made a part hereof. The Existing Crossing Area and New Crossing Area are collectively referred to as the Crossing Area. The portion of the roadway located within the Crossing Area is the "Roadway".

The Railroad and the Political Body are entering into this Agreement to cover the above.

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AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as

follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration FOUR THOUSAND SEVEN HUNDRED DOLLARS ($4,700.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR

For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE

A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:

• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of

Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements

to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked

Exhibit C, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and

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obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 3136-05

D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS

The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared

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by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body

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mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon

delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

C. If the Agreement is terminated as provided above, or for any other reason,

the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK

Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:

(i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written

approval of the Plans. (iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry

Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(iv) Each Contractor has given the advance notice(s) required under the

Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body

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agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _________________________________ Printed Name: ________________________ Title: ________________________________

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CITY OF POST FALLS By: ________________________________ Printed Name: ________________________ Title: ________________________________

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EXHIBIT A

TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit A will be a Survey print showing the Crossing Area (see Recitals)

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EXHIBIT B

TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

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F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy

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any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging.

(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad,

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.

(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws,

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

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EXHIBIT C

TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT Exhibit D will be Contractor’s Right of Entry Agreement (see Recitals)

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Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 04/01/2019

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CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 20______,

by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by ___________________________________________________ to perform work relating to _______________________________________________________________________________________ _________________________________________________________________________________________________ (the “work”) with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision or Branch] [at or near DOT No. _______________ located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of a contract dated ___________________ between Railroad and _____________________________________. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D.

The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.

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Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 04/01/2019

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B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): ___________________________________ ___________________________________ ___________________________________ ___________________________________ C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:

Union Pacific Railroad Company __________________________ [Insert mailing address] __________________________ __________________________ Attn:______________________ Folder No. _________________ ARTICLE 8 - PRECONSTRUCTION MEETING. If the work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.)

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Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 04/01/2019

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ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 10. ADMINISTRATIVE FEE.

Upon the execution and delivery of this agreement, Contractor shall pay to Railroad _________________________________ Dollars ($__________) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.

ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.

A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.

UNION PACIFIC RAILROAD COMPANY

By: Title:___________________________________

(Name of Contractor)

By: Title:

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EXHIBIT A TO

CONTRACTOR’S RIGHT OF ENTRY AGREEMENT

Exhibit A will be a print showing the general location of the work site.

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EXHIBIT B TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.

A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.

B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),

vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.

C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or

safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.

D. If any flagging or other special protective or safety measures are performed by employees of Railroad

and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.

E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC,

Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.

F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work.

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Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED

A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and

including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.

A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed

by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS.

Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.

Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable

systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is,

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Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS.

In the prosecution of the work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY.

A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND

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COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY.

In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT.

Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT.

No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor.

Section 12. ASSIGNMENT - SUBCONTRACTING.

Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor

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commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

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EXHIBIT C TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

Union Pacific Railroad Company

Insurance Provisions For Contractor’s Right of Entry Agreement

Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than

$5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:

• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.

• Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a

substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:

• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.

• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:

• Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.

• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL)

insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.

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E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow

form” and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as

defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.

If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL.

Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of work as defined in this agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must

include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance),

unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.

I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against

Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.

J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a

duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current

Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to

release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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EXHIBIT D TO

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

MINIMUM SAFETY REQUIREMENTS

The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing

A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be

tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are

required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.

B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that

have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while

operating or working on machinery.

II. Personal Protective Equipment

Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative.

(i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be

affixed with Contractor’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and

face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc.

(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:

100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection –

plugs and muffs)

(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative.

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III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection

regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must:

(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to

authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being

performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling.

IV. Equipment

A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:

Familiar and comply with Railroad’s rules on lockout/tagout of equipment. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-

track. Trained in and comply with the applicable air brake rules if operating any equipment that moves

rail cars or any other railbound equipment.

B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device.

C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of

twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement.

D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane

and the minimum clearances to overhead powerlines.

V. General Safety Requirements

A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.

B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change.

C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213.

D. All employees comply with the following safety procedures when working around any railroad track:

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(i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction.

(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment,

leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet).

(iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your

duties and only when track and equipment have been protected against movement.

E. All employees must comply with all federal and state regulations concerning workplace safety.

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

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Key No. 19498Project No. A019(498); Kootenai CountyProject Name: LOCAL, GRANGE AVE UPRR RRX, POST FALLSUNION PACIFIC RAILROAD COMPANYMilepost and Subdivision 23.05, SPOKANE SUB USDOT No. 662599M CID No. 1460 PIN: 100742UP Real Estate Folder No.: 3113-38 Audit Number ___________________

PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT

GRANGE AVENUE DOT NUMBER 662599M

MILE POST 23.05 SPOKANE SUBDIVISION POST FALLS, KOOTENAI COUNTY, IDAHO

THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and the CITY OF POST FALLS, a municipal corporation or political subdivision of the State of Idaho to be addressed at ______________________________________________________ ("Political Body").

RECITALS:

The Political Body desires to undertake as its project (the “Project”) the reconstruction and widening of the Grange Avenue at-grade public crossing including addition of sidewalks at DOT Number 9662599M at Railroad’s Mile Post 23.05 on Railroad’s Spokane Sub at or near Post Falls, Kootenai County, Idaho (the “Crossing Area”). The right of way currently used by the Political Body is not sufficient to allow for the reconstruction and widening including addition of sidewalks. The existing area currently used by the Political Body is depicted on Exhibit A as the “Existing Crossing Area” and the “New Crossing Area” which the Political Body needs in order to construct the Project is depicted on Exhibit A as the “New Crossing Area”, attached hereto and hereby made a part hereof. The Existing Crossing Area and New Crossing Area are collectively referred to as the Crossing Area. The portion of the roadway located within the Crossing Area is the "Roadway".

The Railroad and the Political Body are entering into this Agreement to cover the above.

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:

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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law

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Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration TWENTY FIVE THOUSAND ONE HUNDRED DOLLARS ($25,100.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR

For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE

A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:

• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor’s Right of

Entry Agreement; and • provide such insurance policies, certificates, binders and/or endorsements

to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked

Exhibit C, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.

C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

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Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 3113-38

D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS

The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.

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B. The final one hundred percent (100%) completed plans that are approved

in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference.

C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.

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Section 10. EFFECTIVE DATE; TERM; TERMINATION

A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property.

B. The Railroad, if it so elects, may terminate this Agreement effective upon

delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date.

C. If the Agreement is terminated as provided above, or for any other reason,

the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.

Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK

Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:

(i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written

approval of the Plans. (iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry

Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement.

(iv) Each Contractor has given the advance notice(s) required under the

Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.

Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.

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Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.

UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _________________________________ Printed Name: ________________________ Title: ________________________________

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CITY OF POST FALLS By: ________________________________ Printed Name: ________________________ Title: ________________________________

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EXHIBIT A

TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

Exhibit A will be a Survey print showing the Crossing Area (see Recitals)

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EXHIBIT B

TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT

SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

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F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY

If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy

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any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.

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SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging.

(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad,

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Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.

(iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws,

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regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be

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dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used

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by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area

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and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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1

EXHIBIT C

TO

PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT Exhibit D will be Contractor’s Right of Entry Agreement (see Recitals)

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Articles of Agreement Page 1 of 4

Folder No.:

UPRR Audit No.:

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

_____________________________________________

THIS AGREEMENT is made and entered into as of the _____ day of _________________, 2017, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and (Name of Contractor) a corporation (“Contractor”).

RECITALS:

Contractor has been hired by ____________________________ for __________________________ of the at-grade public road crossing DOT ________________ at Mile Posts __________ on the ______________ Subdivision in _______________, _______________ County, ________________, in the general location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of an Agreementr dated _________________, between the Railroad and the _________________________________.

The Railroad is willing to permit the Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement

AGREEMENT:

NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR.

For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE.

Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.

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ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C & D.

The General Terms and Conditions contained in Exhibit B, the Insurance Requirements contained in Exhibit C, and the Minimum Safety Requirements contained in Exhibit D, each attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD

REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by

Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or

her duly authorized representative (the "Railroad Representative"): ______________________ ______________________ ______________________

C. Contractor, at its own expense, shall adequately police and supervise all work to be

performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.

ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement,

and continue until __________________________, unless sooner terminated as herein (Expiration Date)

provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property.

B. This Agreement may be terminated by either party on ten (10) days written notice to the other party.

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ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance

binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement.

B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent

to:

Union Pacific Railroad Company Real Estate Department

1400 Douglas Street, MS 1690 Omaha, NE 68179-1690

UPRR Folder No.: _______________ ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE.

At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.

ARTICLE 9 - CROSSINGS.

No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings

over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.

B. Any permanent or temporary changes, including temporary traffic control, to crossings must

conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.

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Articles of Agreement Page 4 of 4

ARTICLE 11 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY

(Federal Tax ID #94-6001323)

By:______________________________________ Daniel Peters

Real Estate – Public Projects

__________________________________________

(Name of Contractor)

By_______________________________________

Printed Name:______________________________________

Title:_____________________________________________

Page 177: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council
Page 178: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 1 of 4 Exhibit B General Terms & Conditions

EXHIBIT B

TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

GENERAL TERMS & CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor

commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement.

B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class

of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.

C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished,

unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.

Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad

to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be

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UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 2 of 4 Exhibit B General Terms & Conditions

freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.

B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees

of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.

Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation

of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.

B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by

Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor.

Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of

extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished.

B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad

harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property.

Section 6. PERMITS - COMPLIANCE WITH LAWS.

Page 180: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

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CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 3 of 4 Exhibit B General Terms & Conditions

In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work

performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site.

B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and

health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.

C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be

provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.

D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for

conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan.

Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its

affiliates, and its and their officers, agents and employees (individually an “Indemnified Party” or collectively "Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor.

B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall

apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.

C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by

Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto.

D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'

Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party.

E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or

expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law.

Page 181: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 4 of 4 Exhibit B General Terms & Conditions

Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

Page 182: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

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CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 1 of 2 Exhibit C Insurance Requirements

EXHIBIT C

TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability (CGL) with a limit of not less than

$5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).

The policy must also contain the following endorsement, which must be stated on the certificate of insurance:

• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.

• Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.

B. BUSINESS AUTOMOBILE COVERAGE INSURANCE. Business auto coverage written on ISO form CA 00 01 10 01

(or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos).

The policy must contain the following endorsements, which must be stated on the certificate of insurance:

• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.

• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE. Coverage must include but not be

limited to:

• Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.

• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.

If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance:

• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).

D. RAILROAD PROTECTIVE LIABILITY INSURANCE. Contractor must maintain Railroad Protective Liability insurance

written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad.

E. UMBRELLA OR EXCESS INSURANCE. If Contractor utilizes umbrella or excess policies, these policies must “follow

form” and afford no less coverage than the primary policy.

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UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 2 of 2 Exhibit C Insurance Requirements

F. POLLUTION LIABILITY INSURANCE. Pollution liability coverage must be written on ISO form Pollution Liability

Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.

If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials

from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.

OTHER REQUIREMENTS

G. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as

“Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.

H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless

the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against

Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly

authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current

Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed.

L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release

or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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UNION PACIFIC RAILROAD COMPANY CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 1 of 2 Exhibit D Minimum Safety Requirements

EXHIBIT D

TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT

MINIMUM SAFETY REQUIREMENTS

The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. CLOTHING A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not

interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear:

i. Waist-length shirts with sleeves. ii. Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to

prevent catching. iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to

wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements.

B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin

soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or

working on machinery. II. PERSONAL PROTECTIVE EQUIPMENT Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative.

i. Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name.

ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc.

iii. Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:

100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs)

iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative.

III. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must:

i. Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements.

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CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Form Approved: AVP Law 03/01/2013

Page 2 of 2 Exhibit D Minimum Safety Requirements

ii. Wear an orange, reflectorized workwear approved by the Railroad Representative. iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed.

Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling.

IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of

the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:

i. Familiar and comply with Railroad’s rules on lockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track. iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or

any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five

(25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement.

D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the

minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad

Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change.

C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad

Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track:

i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction.

ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. iii. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least

20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet).

iv. Avoid walking or standing on a track unless so authorized by the employee in charge. v. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only

when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety.

Page 186: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

CITY OF POST FALLS AGENDA REPORT

CONSENT CALENDAR MEETING DATE: AUGUST 6TH, 2019

DATE: July 25, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Jason Faulkner, Finance Director

SUBJECT: Auditing Engagement Letter with Anderson Bros, CPA’s, P.A.

ITEM AND RECOMMENDED ACTION:

Approve the letter and authorize the Mayor to sign.

DISCUSSION:

The City had requested that Anderson Bros. CPA’s, P.A. audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information as of September 30, 2018, and for the year then ended, and the related notes to the financial statements, which collectively comprise the City of Post Falls’ basic financial statements as listed in the table of contents. Accounting principles generally accepted in the United States of America require that the included supplementary information, such as management’s discussion and analysis and budgetary comparison information be presented to supplement the basic financial statements.

In addition, Anderson Bros. CPA’s, P.A. will audit the entity’s compliance over major federal award programs for the period ended September 30, 2019.

ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON:

None

APPROVED OR DIRECTION GIVEN:

Approve

FISCAL IMPACT OR OTHER SOURCE OF FUNDING:

$25,500

BUDGET CODE: 001-414.0000.62091

SUPPORTING DOCUMENTS:

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1810 E Schneidmiller Ave. Ste. 310 Post Falls, Idaho 83854

208-777-1099 (phone) 208-773-5108 (fax)

AUDIT ENGAGEMENT LETTER July 25, 2019 Honorable Mayor, Members of the City Council and Management City of Post Falls 408 N. Spokane St. Post Falls, ID 83854 We are pleased to confirm our understanding of the services we are to provide the City of Post Falls for the year ended September 30, 2019. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City of Post Falls as of and for the year ended September 30, 2019. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City of Post Falls basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Post Falls RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management’s Discussion and Analysis 2) Schedule of Revenues, Expenditures, and Changes in Fund Balances – Budget and Actual – General Fund 3) Schedule of Employer’s Share of Net Pension Liability 4) Schedule of Employer Contributions We have also been engaged to report on supplementary information other than RSI that accompanies city of Post Fall’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor’s report on the financial statements:

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City of Post Falls July 25, 2019 Page 2 of 6 1) Schedule of Expenditures of Federal Awards 2) Combining and Individual Fund Statements – Nonmajor Governmental Funds 3) Schedules of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Major

Governmental Funds 4) Schedules of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual – Nonmajor

Governmental Funds

The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor’s report will not provide an opinion or any assurance on that other information. 1) Introductory Section 2) Statistical Section Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Post Falls and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City of Post Fall’s financial statements. Our report will be addressed to the City Council of the City of Post Falls. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City of Post Falls is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Audit Procedures – General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are

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City of Post Falls July 25, 2019 Page 3 of 6 attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorney(s) as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures – Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures – Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Post Fall’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We will also assist with the GASB 68 adjustments, as needed, based on information provided by PERSI and by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services

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City of Post Falls July 25, 2019 Page 4 of 6 will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the GASB 68 adjustments previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed

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City of Post Falls July 25, 2019 Page 5 of 6 in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to City of Post Falls; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Anderson Bros. CPAs and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to Federal or State officials or their designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Anderson Bros. CPAs personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by Federal or State officials. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately October 21, 2019 and issue our reports no later than March 31, 2020. Toni Hackwith is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

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City of Post Falls July 25, 2019 Page 6 of 6 Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $25,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 90 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City of Post Falls and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign on the lines indicated and return it to us. Sincerely Anderson Bros. CPAs RESPONSE: This letter correctly sets forth the understanding of the City of Post Falls: Management signature: ___________________________________ Title: ___________________________________ Date: ___________________________________ Governance signature: ___________________________________ Title: ___________________________________ Date: ___________________________________

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CITY OF POST FALLS AGENDA REPORT

UNFINISHED BUSINESS MEETING DATE: AUGUST 6TH, 2019

DATE: July 30, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Jason Faulkner, Finance Director

SUBJECT: FY 2020 Budget

ITEM AND RECOMMENDED ACTION: No action required. DISCUSSION: The public hearing regarding the fiscal year 2020 will be at the next council meeting, August 20, 2019. A draft resolution with the proposed expenditures and revenues was provided at a previous meeting as not to exceed amount of $68,365,490 at the beginning of the budget process. At the direction from Council, the budget presented for fiscal year 2020 is $68,109,061 and reflects a 0% property tax increase. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: July 16, 2019 (Budget workshop) APPROVED OR DIRECTION GIVEN: None FISCAL IMPACT OR OTHER SOURCE OF FUNDING: $68,109,061 BUDGET CODE: Various SUPPORTING DOCUMENTS:

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NOTICE OF PUBLIC HEARINGPROPOSED BUDGET FOR CITY OF POST FALLS

FOR THE FISCAL YEAR 2019 - 2020

PROPOSED EXPENDITURES

Actual Budgeted ProposedFY 17-18 FY 18-19 FY 19-20

GENERAL FUND:MAYOR/COUNCIL 184,996$ 190,149$ 219,708$ IS DEPARTMENT 285,876$ 286,597$ 286,337$ GENERAL SERVICES 241,885$ 254,925$ 255,475$ FINANCE 639,076$ 739,369$ 735,164$ CITY CLERK 68,271$ 75,949$ 75,199$ LEGAL SERVICES 481,606$ 546,659$ 624,609$ CABLE FRANCHISE 130,709$ 167,710$ 166,642$ HUMAN RESOURCES 151,417$ 160,066$ 159,516$ POLICE 5,891,601$ 6,201,492$ 6,285,179$ OASIS 150,458$ 156,188$ 156,188$ LIBRARY DEPARTMENT -$ -$ -$ ANIMAL CONTROL 744,799$ 160,352$ 157,852$ STREET 1,801,578$ 2,370,872$ 2,366,257$ PUBLIC WORKS 64,141$ 5,920$ 7,820$ FACILITY MAINTENANCE 226,048$ 303,533$ 305,183$ FLEET MAINTENANCE 445,097$ 505,964$ 948,928$ GIS 116,729$ 212,433$ 205,344$ URBAN FORESTRY 128,796$ 148,589$ 145,413$ CEMETERY 327,230$ 250,922$ 277,405$ PARKS 1,716,530$ 2,046,382$ 1,961,688$ RECREATION 847,831$ 900,984$ 894,847$ PLANNING & ZONING 281,377$ 275,793$ 272,543$ BUILDING INSPECTOR 462,924$ 479,118$ 473,569$ CITY ENGINEER 532,558$ 1,147,201$ 558,860$ COMMUNITY DEVELOPMENT ADMIN -$ 167,761$ 169,261$ STREET LIGHTS 520,658$ 565,484$ 565,484$ CAP IMPROVEMENT/OTHER 274,113$ 986,214$ 2,004,683$ PERSONNEL POOL 2,478,194$ 3,110,542$ 3,495,934$

SUBTOTAL-GF DEPT EXPEND 19,194,499$ 22,417,166$ 23,775,087$ PERSONNEL POOL 3,029,502$ 5,195,159$ 3,974,817$ ANNEXATION FEE ACCOUNT 323,031$ 1,300,000$ 1,350,000$

SUBTOTAL-DED GF ACCOUNTS 3,352,533$ 6,495,159$ 5,324,817$

TOTAL GENERAL FUND 22,547,032$ 28,912,325$ 29,099,904$

SPECIAL REVENUE FUNDS:COMP LIABILITY INSURANCE 236,738$ 271,309$ 274,709$ STREET LIGHTS (3)$ -$ -$ 911 SUPPORT 371,055$ 983,198$ 983,198$ DRUG SEIZURE 44,380$ 60,000$ 60,000$ HUD LOANS -$ -$ -$ SPECIAL EVENTS 27,169$ 46,248$ 46,248$ CEMETERY CAPITAL IMPROVEMENT 16,163$ 261,093$ 261,093$

TOTAL SPECIAL REV FUND EXPEND 695,502$ 1,621,848$ 1,625,248$

CAPITAL PROJECTS FUNDS:FACILITY RESERVE ACCOUNT 122,896$ 925,000$ 770,000$ PUBLIC SAFETY IMPACT FEES 66,236$ 275,031$ 334,461$ STREETS IMPACT FEES 416,320$ 4,149,144$ 3,100,000$ PARKS IMPACT FEES 2,110,324$ 3,447,000$ 3,580,000$ STREET CAPITAL IMPROVEMENTS 51,874$ 95,778$ 5,000$

TOTAL CAPITAL PROJECTS FUND EXP. 2,767,650$ 8,891,953$ 7,789,461$

DEBT SERVICE FUNDS:LID 96-1 DEBT SERVICE -$ -$ -$ LID 99-1 DEBT SERVICE 22,620$ 22,620$ 21,320$

Notice is hereby given that the City Council of Post Falls will hold a public hearing for consideration of the proposed budget for the fiscal period October 1, 2019 to September 30, 2020 pursuant to the provisions of Section 50-1002, Idaho Code, said hearing to be held at Post Falls City Hall, 408 North Spokane St, Post Falls, Idaho, at 6 p.m. on August 20th, 2019. At said hearing interested persons may appear and show cause, if any they have, why said proposed budget should or should not be adopted. A copy of the proposed budget is available for inspection at City Hall weekdays between the hours of 8 a.m. and 5 p.m. on regular business days.

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LID 2004-1 DEBT SERVICE 108,790$ 180,900$ 138,770$ LID GUARANTEE 150$ 150$ 150$ LID 91-1 DEBT SERVICE -$ -$ -$

TOTAL DEBT SERVICE FUND EXP. 131,560$ 203,670$ 160,240$

ENTERPRISE FUNDS:SEWER (OPERATING) 4,541,039$ 9,304,683$ 10,311,471$ SEWER (COLLECTIONS) 353,171$ 1,370,328$ 1,270,953$ SEWER (RECYCLED WATER) 4,146$ 6,085$ 6,085$ SEWER (SURFACE WATER) 251,061$ 321,748$ 276,480$ SEWER CONST - WWTP 353,920$ 9,733,879$ 6,043,647$ SEWER CONST - COLLECTORS -$ 3,676,876$ 2,691,071$ STORM WATER -$ -$ -$ SANITATION 2,815,419$ 2,945,726$ 3,058,018$ WATER (OPERATING) 2,161,521$ 2,677,424$ 2,881,921$ WATER CONSTRUCTION -$ 2,894,562$ 2,894,562$

TOTAL ENTERPRISE FUND EXP. 10,480,276$ 32,931,311$ 29,434,208$

TOTAL ALL FUND EXPENDITURES 36,622,019$ 72,561,107$ 68,109,061$

PROPOSED REVENUES/FUNDING RESOURCES

GENERAL FUND:PROPERTY TAX REVENUE 10,197,436$ 10,949,382$ 11,925,129$ OTHER REVENUE 10,063,442$ 8,545,789$ 8,830,045$ OTHER FINANCING SOURCES 1,690,895$ 1,819,085$ 1,910,570$ FUND BALANCE REBUDGETED -$ 1,102,910$ 1,109,342$

GENERAL FUND DEDICATED ACCOUNTS:OTHER REVENUE 557,778$ 313,000$ 579,000$ OTHER FINANCING SOURCES 2,456,638$ 2,456,638$ 2,825,134$ FUND BALANCE REBUDGETED -$ 3,725,521$ 1,920,684$

TOTAL GENERAL FUND RESOURCES 24,966,189$ 28,912,325$ 29,099,904$

SPECIAL REVENUE FUNDS:PROPERTY TAX REVENUE 162,000$ 170,000$ 170,000$ OTHER REVENUE 639,527$ 826,341$ 1,082,485$ OTHER FINANCING SOURCES 120,116$ 122,105$ 139,170$ CONTRIBUTED CAPITAL/CAP FEES -$ -$ -$ FUND BALANCE REBUDGETED -$ 503,402$ 233,593$

TOTAL SPEC. REV. FUND RESOURCES 921,643$ 1,621,848$ 1,625,248$

CAPITAL PROJECTS FUNDS:OTHER REVENUE 2,005,501$ 1,495,500$ 2,165,000$ OTHER FINANCING SOURCES 150,000$ 150,000$ 250,000$ FUND BALANCE REBUDGETED -$ 7,246,453$ 5,374,461$

TOTAL CAPITAL PROJECTS RESOURCES 2,155,501$ 8,891,953$ 7,789,461$

DEBT SERVICE FUNDS:OTHER REVENUE 125,263$ 190,100$ 117,650$ OTHER FINANCING SOURCES -$ -$ -$ FUND BALANCE REBUDGETED -$ 13,570$ 42,590$

TOTAL DEBT SERVICE RESOURCES 125,263$ 203,670$ 160,240$

ENTERPRISE FUNDS:OPERATING REVENUES 17,477,435$ 16,647,494$ 17,939,928$ CONTRIBUTED CAPITAL/CAP FEES 5,512,444$ 1,500,000$ 4,300,000$ OTHER FINANCING SOURCES 79,920$ 79,920$ 79,920$ FUND EQUITY REBGTD./BOND -$ 14,703,897$ 7,114,360$

TOTAL ENTERPRISE FUND RESOURCES 23,069,799$ 32,931,311$ 29,434,208$

TOTAL ALL ESTIMATED RESOURCES 51,238,395$ 72,561,107$ 68,109,061$

Dated July 29th, 2019

I, Jason Faulkner, City Treasurer for the City of Post Falls, Idaho, do hereby certify that the above is a true and correct statement of the proposed expenditures and revenues for the fiscal year 2019-2020, all of which have been tentatively approved by the City Council and entered at length in the Journal of Proceedings. Publication dates for the notice of public hearing are August 20th, 2019 in the "CDA Press."

City Treasurer

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CITY OF POST FALLS AGENDA REPORT

UNFINISHED BUSINESS MEETING DATE: August 6, 2019

DATE: August 6, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Craig Borrenpohl, Utilities Manager

SUBJECT: Additional Services Agreement with McMillen Jacobs for the Outfall and River Crossing

ITEM AND RECOMMENDED ACTION: City Council approves and authorizes the Mayor to sign the Additional Service Agreement with McMillen Jacobs for the development of the Quality Assurance Project Plan (QAPP) required by Idaho Department of Environmental Quality (IDEQ). DISCUSSION: The Outfall and River Crossing project introduces unique sampling and permitting requirements specific to constructing within Spokane River including to developing a plan if contaminated soils are encountered during construction and must be taken off-site for disposal. Development of the QAPP will include coordination with the regulating agencies to outline the field sampling plan, laboratory methods, data quality control and assurance objectives, and material handling alternatives necessary to complete construction within the river bed. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: February 19, 2019: Construction Manager/General Contractor Services Agreement with McMillen Jacobs APPROVED OR DIRECTION GIVEN: City Council authorized the contract. FISCAL IMPACT OR OTHER SOURCE OF FUNDING: Funding for this work will come from the Water Reclamation Facility Capital Improvements budget. Payment for work outlined in the proposed scope is not to exceed $19,340. BUDGET CODE: 651-463.6502.93165 SUPPORTING DOCUMENTS: Additional Services Agreement

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CITY OF POST FALLS AGENDA REPORT

UNFINISHED BUSINESS MEETING DATE: August 6, 2019

DATE: July 29, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: BRYAN D. MYERS, PARKS MANAGER

SUBJECT: BLACK BAY PARK VISION PLAN DRAFT FINAL PLAN PRESENTATION

ITEM AND RECOMMENDED ACTION:

Staff is seeking approval of the Conceptual Master Plan for Black Bay Park.

DISCUSSION:

Civitas, Inc. is a professional services firm that has been working with City staff since October 2018 to provide a conceptual master plan, a vision plan, for Black Bay Park.

The consultant has prepared a final conceptual master plan that was presented to City Council on May 21st in a public workshop. This final master plan is the result numerous community meetings since this past October and reflects the vision the community has for this unique space. The complete vision plan is available to the public on the Black Bay Park page. The Master Plan Conceptual Rendering has been updated since our last meeting to reflect the built environment west of the park and modifies the boat moorage slips by shifting them east and changing the orientation to reduce the potential impact on adjoining water users. Scott Jordan, Principal with Civitas, Inc. will provide a brief presentation for the viewing public of the overall vision plan, the steps that have been taken to get to this point, the phasing plan and overall design elements that will be incorporated into the space at buildout.

ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON:

August 7th, 2018 RFP for professional consulting firms October 23, 2018 Contract with Civitas, Inc. November 29, 2018 Community Meeting #1 December 7, 2019 Community Meeting #2 January 22, Community Meeting Presentation of Design Alternatives May 21, 2019, Joint City Council and P&R Commission workshop and unfinished business item

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APPROVED OR DIRECTION GIVEN: Council has directed staff and the consultants at various phases that has informed this final design. FISCAL IMPACT OR OTHER SOURCE OF FUNDING: None with this action. Fiscal impact will occur with the development of each individual phase. BUDGET CODE: Park Impact Fees Black Bay 038-443.0000.94070 SUPPORTING DOCUMENTS: Excerpts from Black Bay Vision Plan

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BLACK BAY SHORELINE 2018 BLACK BAY SHORELINE 2016 BLACK BAY SHORELINE 1998

SHORELINE EROSION - HISTORIC IMAGERY

EXISTING SHORELINE EXISTING SHORELINE2016 SHORELINE EXISTING SHORELINE

2016 SHORELINE1998 SHORELINE

SCALE: NTSN

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BLACK BAY SHORELINE 1998 BLACK BAY SHORELINE 2004 BLACK BAY SHORELINE 2005 BLACK BAY SHORELINE 2006 BLACK BAY SHORELINE 2009

SHORELINE EROSION - HISTORIC IMAGERY TIMELINE

BLACK BAY SHORELINE 2011 BLACK BAY SHORELINE 2013 BLACK BAY SHORELINE 2015 BLACK BAY SHORELINE 2017 BLACK BAY SHORELINE 2018

SCALE: NTSN

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SHORELINE EROSION - HISTORIC IMAGERY RIVER VIEW

SCALE: NTSN

BLACK BAY SHORELINE 2018

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CITY OF POST FALLS AGENDA REPORT NEW BUSINESS

MEETING DATE: August 6, 2019

DATE: August 6, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Andrew Arbini, Utilities Project Manager

SUBJECT: Howell Sewer Interceptor – Recommendation to Award

ITEM AND RECOMMENDED ACTION: City Council approves recommendation of award to S&L Underground and for the Mayor to sign the recommendation of award and contract documents. DISCUSSION: The City received six bids for the Howell Sewer Interceptor. The Engineer’s Estimate was $1,043,000. S&L Underground was the apparent low bid of $1,034,861. Welch Comer reviewed the bids and determined the bid from S&L to be responsive and recommend award to S&L Underground. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: Presented design contract with Welch Comer Engineers on October 16, 2018. APPROVED OR DIRECTION GIVEN: Council approved the design contract with Welch Comer. FISCAL IMPACT OR OTHER SOURCE OF FUNDING: City Council approval is requested for the base bid of $1,034,861 and a contingency of 5 percent in the amount of $51,743 for potential change orders for unforeseen conditions and/or changes that would benefit the Water Reclamation System for a total of $1,086,604. Change orders utilizing the contingency funds will require approval and signature by the Public Works Director or his designee. BUDGET CODE: 652-463.3222.95520 SUPPORTING DOCUMENTS: Bid Analysis

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W6LCH-COMSR''ENGINEERS t SURVEYORS

July 23, 2019

Andrew Arbini

City of Post FallsC/0 City of Post Falls Public Services - Utilities Division408 N Spokane StreetPost Falls, ID 83854

Re: Howell Sewer Interceptor

Dear Andrew

Enclosed please find the bid tabulation, bid summary and review cnecKlist ror me bids which werereceived at your office for the Howell Sewer Interceptor Project. We have reviewed the bidpackages received and they all seem to be responsive.

Welch Comer & Associates recommends awarding the base bid, in the amount of $1, 034, 861 .00to the low bidder, S&L Underground. Should the Council concur with our recommendation,please sign the Notice of Award (attached) and return to our office for immediate processing.

Should you have any questions, please contact our office.

Sincerely,Welch Comer & Associates, Inc.

iteve Cordes, P. E.Vice President

SBC/mdpEnclosures

X:\K41\41342. 00.0 - PF Howell Sewer\Bid\Misc\20190723 41342.00.0 Recomm -Award letter.docx scordes@welchcomer. com

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Pay Item DescriptionPay Unit

Estimated Quantity

Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount

015050.01 Mobilization LS 1 100,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ 55,000.00$ 55,000.00$ 74,000.00$ 74,000.00$ 60,000.00$ 60,000.00$ 110,300.00$ 110,300.00$ 150,000.00$ 150,000.00$ 015500.02 Traffic Control LS 1 40,000.00$ 40,000.00$ 20,000.00$ 20,000.00$ 26,000.00$ 26,000.00$ 25,380.00$ 25,380.00$ 10,426.00$ 10,426.00$ 15,000.00$ 15,000.00$ 43,750.00$ 43,750.00$ 015713.04 Site Control LS 1 18,000.00$ 18,000.00$ 10,000.00$ 10,000.00$ 12,000.00$ 12,000.00$ 38,800.00$ 38,800.00$ 8,051.00$ 8,051.00$ 15,000.00$ 15,000.00$ 31,250.00$ 31,250.00$ 024100.01 Howell Lift Station Abandonment LS 1 20,000.00$ 20,000.00$ 10,000.00$ 10,000.00$ 23,000.00$ 23,000.00$ 20,540.00$ 20,540.00$ 19,055.00$ 19,055.00$ 25,000.00$ 25,000.00$ 18,700.00$ 18,700.00$ 024100.03 Remove Existing Sidewalk SY 85 20.00$ 1,700.00$ 12.00$ 1,020.00$ 15.00$ 1,275.00$ 11.50$ 977.50$ 6.00$ 510.00$ 8.00$ 680.00$ 12.00$ 1,020.00$ 024100.05 Remove Existing Curb and Gutter LF 270 10.00$ 2,700.00$ 12.00$ 3,240.00$ 11.00$ 2,970.00$ 6.60$ 1,782.00$ 2.00$ 540.00$ 9.00$ 2,430.00$ 16.00$ 4,320.00$ 024100.09 Remove Existing Asphalt SY 987 8.00$ 7,896.00$ 6.00$ 5,922.00$ 3.00$ 2,961.00$ 5.60$ 5,527.20$ 3.00$ 2,961.00$ 5.00$ 4,935.00$ 8.00$ 7,896.00$ 024100.10 Seltice Concrete Demo CY 70 50.00$ 3,500.00$ 15.00$ 1,050.00$ 50.00$ 3,500.00$ 43.00$ 3,010.00$ 105.00$ 7,350.00$ 57.00$ 3,990.00$ 63.00$ 4,410.00$ 024100.23 Remove Existing Manhole EA 4 2,500.00$ 10,000.00$ 500.00$ 2,000.00$ 350.00$ 1,400.00$ 538.00$ 2,152.00$ 525.00$ 2,100.00$ 2,000.00$ 8,000.00$ 1,500.00$ 6,000.00$ 024100.24 Remove Existing Single Depth Drywell EA 1 500.00$ 500.00$ 500.00$ 500.00$ 350.00$ 350.00$ 611.00$ 611.00$ 354.00$ 354.00$ 200.00$ 200.00$ 1,500.00$ 1,500.00$ 024100.25 Remove Existing 12" Sanitary Sewer Pipe LF 300 12.00$ 3,600.00$ 15.00$ 4,500.00$ 6.00$ 1,800.00$ 18.00$ 5,400.00$ 32.00$ 9,600.00$ 90.00$ 27,000.00$ 25.00$ 7,500.00$ 312227.01 Bored and Jacked Casing, 30-Inch LF 135 600.00$ 81,000.00$ 1,200.00$ 162,000.00$ 1,100.00$ 148,500.00$ 1,750.00$ 236,250.00$ 2,906.00$ 392,310.00$ 1,110.00$ 149,850.00$ 2,023.00$ 273,105.00$ 31231613.01 Unsuitable Excavation & Haul CY 200 20.00$ 4,000.00$ 16.00$ 3,200.00$ 25.00$ 5,000.00$ 14.00$ 2,800.00$ 14.00$ 2,800.00$ 10.00$ 2,000.00$ 64.26$ 12,852.00$

31231613.02Trench Excavation & Backfill 0-8 feet - Single Force Main Excavation LF 150 60.00$ 9,000.00$ 125.00$ 18,750.00$ 12.00$ 1,800.00$ 54.00$ 8,100.00$ 52.00$ 7,800.00$ 51.00$ 7,650.00$ 61.00$ 9,150.00$

31231613.03Trench Excavation & Backfill 0-8 feet - Dual Force Main Excavation LF 170 75.00$ 12,750.00$ 165.00$ 28,050.00$ 25.00$ 4,250.00$ 60.00$ 10,200.00$ 49.00$ 8,330.00$ 55.00$ 9,350.00$ 75.00$ 12,750.00$

31231613.05 Trench Excavation & Backfill (15-30 ft) LF 2860 105.00$ 300,300.00$ 125.00$ 357,500.00$ 125.00$ 357,500.00$ 98.00$ 280,280.00$ 73.00$ 208,780.00$ 141.00$ 403,260.00$ 262.00$ 749,320.00$ 31231613.06 Exploratory Excavation HR 24 300.00$ 7,200.00$ 250.00$ 6,000.00$ 225.00$ 5,400.00$ 312.00$ 7,488.00$ 314.00$ 7,536.00$ 120.00$ 2,880.00$ 600.00$ 14,400.00$ 31231613.07 Trench Safety Systems LS 1 10,000.00$ 10,000.00$ 20,000.00$ 20,000.00$ 25,000.00$ 25,000.00$ 3,800.00$ 3,800.00$ 6,780.00$ 6,780.00$ 126,000.00$ 126,000.00$ 221,606.00$ 221,606.00$ 312323.02 Type S2 - Excavated Granular Soil (Import) CY 200 30.00$ 6,000.00$ 18.00$ 3,600.00$ 25.00$ 5,000.00$ 18.50$ 3,700.00$ 23.00$ 4,600.00$ 10.00$ 2,000.00$ 30.00$ 6,000.00$ 321216.01 PG 58-28 SP3 HMA, 2" Min Thickness (Tra SY 107 45.00$ 4,815.00$ 42.00$ 4,494.00$ 55.00$ 5,885.00$ 75.00$ 8,025.00$ 58.00$ 6,206.00$ 45.00$ 4,815.00$ 50.57$ 5,410.99$ 321216.02 PG 58-28 SP3 HMA, 2" Min Thickness (Ro SY 430 50.00$ 21,500.00$ 27.00$ 11,610.00$ 35.00$ 15,050.00$ 40.00$ 17,200.00$ 41.00$ 17,630.00$ 31.00$ 13,330.00$ 21.14$ 9,090.20$ 321216.03 PG 58-28 SP3 HMA, 4" Min Thickness (Po SY 250 70.00$ 17,500.00$ 45.00$ 11,250.00$ 50.00$ 12,500.00$ 73.50$ 18,375.00$ 67.00$ 16,750.00$ 48.00$ 12,000.00$ 40.75$ 10,187.50$ 321216.04 PG 58-28 SP3 HMA, 4" Min Thickness (Se SY 200 70.00$ 14,000.00$ 125.00$ 25,000.00$ 125.00$ 25,000.00$ 167.00$ 33,400.00$ 125.00$ 25,000.00$ 128.00$ 25,600.00$ 131.25$ 26,250.00$ 321216.05 Temporary Asphalt Cold Patch 2" SY 880 40.00$ 35,200.00$ 14.00$ 12,320.00$ 25.00$ 22,000.00$ 17.00$ 14,960.00$ 36.00$ 31,680.00$ 38.00$ 33,440.00$ 90.00$ 79,200.00$ 321313.01 Standard Concrete Sidewalk SY 85 100.00$ 8,500.00$ 60.00$ 5,100.00$ 55.00$ 4,675.00$ 88.50$ 7,522.50$ 91.00$ 7,735.00$ 168.00$ 14,280.00$ 74.00$ 6,290.00$ 321313.03 Standard Curb and Gutter LF 270 55.00$ 14,850.00$ 32.00$ 8,640.00$ 21.00$ 5,670.00$ 47.50$ 12,825.00$ 43.00$ 11,610.00$ 67.00$ 18,090.00$ 50.00$ 13,500.00$ 329219.02 Hydroseeding LS 1 3,000.00$ 3,000.00$ 3,500.00$ 3,500.00$ 15,000.00$ 15,000.00$ 19,570.00$ 19,570.00$ 1,978.00$ 1,978.00$ 20,000.00$ 20,000.00$ 40,000.00$ 40,000.00$ 330513.01 Sanitary Sewer Manhole, 60" EA 10 9,500.00$ 95,000.00$ 6,500.00$ 65,000.00$ 11,000.00$ 110,000.00$ 6,140.00$ 61,400.00$ 8,057.00$ 80,570.00$ 11,300.00$ 113,000.00$ 9,700.00$ 97,000.00$ 330513.02 Sanitary Sewer External Drop Manhole, 60 EA 1 12,000.00$ 12,000.00$ 8,000.00$ 8,000.00$ 15,000.00$ 15,000.00$ 12,050.00$ 12,050.00$ 8,280.00$ 8,280.00$ 6,000.00$ 6,000.00$ 11,300.00$ 11,300.00$ 330513.03 Tie-in to Existing Manhole, 15" EA 2 1,800.00$ 3,600.00$ 5,000.00$ 10,000.00$ 3,500.00$ 7,000.00$ 6,850.00$ 13,700.00$ 4,653.00$ 9,306.00$ 1,300.00$ 2,600.00$ 7,100.00$ 14,200.00$ 333111.01 6" C900 DR 25 Sewer Force Main LF 170 35.00$ 5,950.00$ 20.00$ 3,400.00$ 65.00$ 11,050.00$ 32.50$ 5,525.00$ 35.00$ 5,950.00$ 30.00$ 5,100.00$ 107.00$ 18,190.00$ 333111.02 8" C900 DR 25 Sewer Force Main LF 170 40.00$ 6,800.00$ 40.00$ 6,800.00$ 48.00$ 8,160.00$ 39.00$ 6,630.00$ 46.00$ 7,820.00$ 41.00$ 6,970.00$ 120.00$ 20,400.00$ 333111.03 16" C900 DR 25 Sewer Force Main LF 150 65.00$ 9,750.00$ 45.00$ 6,750.00$ 65.00$ 9,750.00$ 51.00$ 7,650.00$ 62.00$ 9,300.00$ 47.00$ 7,050.00$ 140.00$ 21,000.00$ 333111.04 15" 3034 SDR 35 Sanitary Sewer Pipe - Tre LF 2860 38.00$ 108,680.00$ 14.00$ 40,040.00$ 35.00$ 100,100.00$ 26.50$ 75,790.00$ 37.00$ 105,820.00$ 15.00$ 42,900.00$ 22.56$ 64,521.60$ 333111.05 15" 3034 SDR 35 Sanitary Sewer Pipe - W LF 235 70.00$ 16,450.00$ 75.00$ 17,625.00$ 125.00$ 29,375.00$ 209.00$ 49,115.00$ 258.00$ 60,630.00$ 131.00$ 30,785.00$ 79.50$ 18,682.50$ 333111.06 Tie-in to Existing 6" Force Main EA 1 2,500.00$ 2,500.00$ 4,000.00$ 4,000.00$ 1,200.00$ 1,200.00$ 2,340.00$ 2,340.00$ 2,757.00$ 2,757.00$ 2,800.00$ 2,800.00$ 8,300.00$ 8,300.00$ 333111.07 Tie-in to Existing 8" Force Main EA 1 3,000.00$ 3,000.00$ 6,000.00$ 6,000.00$ 1,500.00$ 1,500.00$ 3,240.00$ 3,240.00$ 3,527.00$ 3,527.00$ 3,800.00$ 3,800.00$ 8,500.00$ 8,500.00$ 333111.08 Tie-in to Existing 10" Force Main EA 1 3,500.00$ 3,500.00$ 8,000.00$ 8,000.00$ 2,500.00$ 2,500.00$ 10,920.00$ 10,920.00$ 4,584.00$ 4,584.00$ 5,400.00$ 5,400.00$ 9,500.00$ 9,500.00$ 333111.09 Tie-in to Existing 12" Force Main EA 1 4,000.00$ 4,000.00$ 8,000.00$ 8,000.00$ 4,500.00$ 4,500.00$ 13,710.00$ 13,710.00$ 5,192.00$ 5,192.00$ 6,400.00$ 6,400.00$ 12,000.00$ 12,000.00$ 333111.10 6" Gate Valve EA 2 1,200.00$ 2,400.00$ 1,200.00$ 2,400.00$ 1,200.00$ 2,400.00$ 1,090.00$ 2,180.00$ 2,367.00$ 4,734.00$ 1,100.00$ 2,200.00$ 4,200.00$ 8,400.00$ 333111.11 8" Gate Valve EA 1 1,500.00$ 1,500.00$ 1,600.00$ 1,600.00$ 1,800.00$ 1,800.00$ 1,515.00$ 1,515.00$ 1,848.00$ 1,848.00$ 1,560.00$ 1,560.00$ 3,700.00$ 3,700.00$ 333111.15 Williams Gas Line Crossing LS 1 7,000.00$ 7,000.00$ 2,000.00$ 2,000.00$ 12,000.00$ 12,000.00$ 3,225.00$ 3,225.00$ 23,597.00$ 23,597.00$ 8,000.00$ 8,000.00$ 135,000.00$ 135,000.00$ 334111.03 Single Depth Drywell EA 1 3,000.00$ 3,000.00$ 6,000.00$ 6,000.00$ 2,800.00$ 2,800.00$ 3,135.00$ 3,135.00$ 2,548.00$ 2,548.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$

TOTAL CONSTRUCTION COST 1,042,641.00$ 1,034,861.00$ 1,107,621.00$ 1,134,800.20$ 1,214,935.00$ 1,304,145.00$ 2,218,651.79$

S&L Underground

CITY OF POST FALLSHOWELL SEWER INTERCEPTOR

BID TABULATIONBid Opening: July 2nd, 2019 at 2 P.M.

Engineer's Estimate Northwest GradingLa Riviere, Inc. MDM Construction, Inc. Big Sky Earthworks Northwest, Inc.

41342 BidSch-Tab Bid TabWelch-Comer Engineers

1

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CONTRACTOR BASE BID

S&L Underground 1,034,861.00$

La Riviere, Inc. 1,107,621.00$

MDM Construction, Inc. 1,134,800.20$

Big Sky 1,214,935.00$

Earthworks Northwest, Inc. 1,304,145.00$

Northwest Grading 2,218,651.79$

* PLEASE NOTE THAT THIS IS FOR INFORMATION USE ONLY. THE OWNERR RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS PURSUANT TO SECTION 00 2113 - INSTRUCTIONS TO BIDDERS OF THE CONTRACT DOCUMENTS.

CITY OF POST FALLSHOWELL SEWER INTERCEPTOR

BID SUMMARY*July 23, 2019 at 1 P.M.

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OWNER: CITY OF POST FALLS

PROJECT: HOWELL SEWER INTERCEPTOR

Open Date: 07/22/19 Bid Review Performed By: Mindy Patterson

CONTRACTOR S&L Underground La Riviere, Inc. MDM Construction, Inc. Big Sky Earthworks Northwest, Inc. Northwest Grading

BID AMOUNT (Basis of Bid Award) 1,034,861.00$ 1,107,621.00$ 1,134,800.20$ 1,214,935.00$ 1,304,145.00$ 2,218,651.79$

PUBLIC WORKS LICENSE NO. PWC-C-14825 PWC-17425 PWC-C-16328 002207 PWC-C-16636 001368

License Limit (See List) Unlimited Unlimited Unlimited Unlimited Unlimited $300,000,000

Yes Yes Yes Yes Yes Yes

BID PACKAGE

ALL ADDENDA ACKNOWLEDGED? Yes Yes Yes Yes Yes Yes

BID PROPOSAL FORM Yes Yes Yes Yes Yes Yes

BID SCHEDULE Yes Yes Yes Yes Yes Yes

FORM OF BID SECURITY Yes Yes Yes Yes Yes Yes

Surety Company Confirmed at www.fms.treas.gov/c570/index.html ? Yes Yes Yes Yes Yes Yes

LIST OF SUBCONTRACTORS Yes Yes Yes Yes Yes Yes

ELECTRICALN/A

Plumbing - Wray Pluming Electrical - Fuse N/A None N/A Electrical - Fuse

NON-COLLUSION AFFIDAVIT Yes Yes Yes Yes Yes Yes

CONTRACTOR FOR PW TO PAY ALL TAXES Yes Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes Yes

BID REVIEW CHECKLISTPRIOR TO RECOMMENDATION

Are all forms filled out completely and correctly?

License Confirmed with the License Board at www.dbs.idaho.gov

AFFIDAVIT OF PAYMENT OR SECUREMENT OF ALL TAXES

41342 BidSch-Tab Welch, Comer & Associates, Inc. 7/23/2019

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NOTICE OF AWARD

Dated Project:

Howell Sewer Interceptor Owner:

City of Post Falls Owner's Contract No.:

Contract:

Engineer's Project No.:

41342.00.0 Bidder:

S & L Underground, Inc. Bidder's Address:

P.O. Box 1952

Bonners Ferry, ID 83805

You are notified that your Bid dated July 23, 2019 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a contract for the base bid.

The Contract Price of your contract is: $1,034,861.00

You must comply with the following conditions precedent within ten (10) days of the date of this Notice of Award, that is by

You must deliver to the OWNER one (1) fully executed counterpart of the Agreement including all the Contract Documents. This includes the set of Drawings. Contract Documents must bear your signature on the cover page.

1. You must deliver with the executed Agreement the Contract Security (Bonds), Certificate of Insurance and Public Works Contract Report along with this Notice of Award as Accepted, as specified in the Instructions to Bidders, General Conditions and Supplementary Conditions.

2. Please note that your Certificate of Insurance must list those additional insureds as identified in the Supplementary General Conditions.

3. The contract date referenced on the Performance and Payment Bond face and the bond date on the bond face must match the contract date on the first page of the Standard Form of Agreement. Failure to comply with dates may result in the rejection of bonds and further expense to the Contractor for re-issuance of the bonds with corrected dates.

4. Please complete the Public Works Contract Report within the required thirty (30) days and forward to the Engineer. The Engineer will forward to the Idaho State Tax Commission.

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

Within ten days after you comply with the above conditions. OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

CITY OF POST FALLS (OWNER)

By: (AUTHORIZED SIGNATURE)

(TITLE)

Page 229: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

CITY OF POST FALLS AGENDA REPORT NEW BUSINESS

MEETING DATE: August 6, 2019

DATE: August 6, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Andrew Arbini, Utilities Project Manager

SUBJECT: 2019 Well Drilling – Recommendation to Award

ITEM AND RECOMMENDED ACTION: City Council approves the recommendation of award to O’Keefe drilling. and for the Mayor to sign the contract documents at a future date. DISCUSSION: The City received one bid to drill two new wells for the City’s water system. O’Keefe Drilling Company’s bid includes the cost to drill the two wells, one located at the Well #6 site and the other at the Well #9 site. JUB reviewed the bid and determined the bid to be responsive and recommend award to O’Keefe Drilling in the amount of $526,041. The bid is $123,959 below the Engineer’s Estimate of $650,000. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: Engineering Services Contract with JUB Engineers: December 4, 2018 APPROVED OR DIRECTION GIVEN: Council approved the Engineering Services Contract with JUB FISCAL IMPACT OR OTHER SOURCE OF FUNDING: City Council approval is requested for the base bid of $526,041 and a contingency of 5 percent in the amount of $26,302 for potential change orders for unforeseen conditions and/or changes that would benefit the Water System for a total of $552,343. Change Orders utilizing the contingency funds will require approval and signature by the Public Works Director or his designee. Funding for this work will come from the Water Division Capital Improvements budget. BUDGET CODE: 753-462.3204.95550 SUPPORTING DOCUMENTS: Bid Review and Abstract

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Page No. 1 of 1

CITY OF POST FALLS - 2019 Well Drilling Project

BID OPENING - CITY OF POST FALLS, Basement Conference Room - 11:00 A.M. - JULY 23, 2019

Engineer's Opinion of Probable Cost Including Contingency: $710,000

BID ABSTRACT BIDDER NAME:

ADDRESS:

Butte, MT 59702

Item ITEM EST. UNIT TOTAL UNIT TOTAL

No. DESCRIPTION QUAN. UNIT PRICE PRICE PRICE PRICE

BASE BID (SCHEDULE A AND B)

SCHEDULE A: NEW MAIN ZONE WELL

1 Mobilization and Demobilization 1 LS $35,000.00 $35,000.00 $40,000.00 $40,000.00

2Drilling - 24" for Surface Seal Borehole with Temporary

Casing60 LF $350.00 $21,000.00 $560.00 $33,600.00

3 Drilling - 20" Casing & Screen Assembly Borehole 275 LF $300.00 $82,500.00 $365.00 $100,375.00

4 20" Diameter Well Casing 284 LF $100.00 $28,400.00 $82.00 $23,288.00

5 20" Stainless Steel Telescoping Well Screen Assembly 51 LF $500.00 $25,500.00 $560.00 $28,560.00

6 Surface Seal 65 CF $100.00 $6,500.00 $85.00 $5,525.00

7-A Well Development – Surge Block Method 24 HR $400.00 $9,600.00 - -

7-B Well Development – Air Jetting/Surging Method 24 HR $425.00 $10,200.00

8 Installation and Removal of Test Pump 1 LS $75,000.00 $75,000.00 $21,000.00 $21,000.00

9 Well Development – Over Pumping 4 HR $550.00 $2,200.00 $315.00 $1,260.00

10 Test Pumping and Well Monitoring 8 HR $550.00 $4,400.00 $315.00 $2,520.00

11 Water Quality Testing 1 LS $3,000.00 $3,000.00 $10,000.00 $10,000.00

12 Disinfection and Iron Bacteria Prevention 1 LS $5,000.00 $5,000.00 $1,750.00 $1,750.00

13 Well Television Inspection 1 LS $1,800.00 $1,800.00 $2,500.00 $2,500.00

SCHEDULE A TOTAL: $299,900.00 $280,578.00

SCHEDULE B: NEW WEST ZONE WELL

1 Mobilization and Demobilization 1 LS $35,000.00 $35,000.00 $25,000.00 $25,000.00

2Drilling - 24" for Surface Seal Borehole with Temporary

Casing60 LF $350.00 $21,000.00 $560.00 $33,600.00

3 Drilling - 20" Casing & Screen Assembly Borehole 230 LF $300.00 $69,000.00 $365.00 $83,950.00

4 20" Diameter Well Casing 239 LF $100.00 $23,900.00 $82.00 $19,598.00

5 20" Stainless Steel Telescoping Well Screen Assembly 51 LF $500.00 $25,500.00 $560.00 $28,560.00

6 Surface Seal 65 CF $150.00 $9,750.00 $85.00 $5,525.00

7-A Well Development – Surge Block Method 24 HR $400.00 $9,600.00 - -

7-B Well Development – Air Jetting/Surging Method 24 HR $425.00 $10,200.00

8 Installation and Removal of Test Pump 1 LS $75,000.00 $75,000.00 $21,000.00 $21,000.00

9 Well Development – Over Pumping 4 HR $600.00 $2,400.00 $315.00 $1,260.00

10 Test Pumping and Well Monitoring 8 HR $600.00 $4,800.00 $315.00 $2,520.00

11 Water Quality Testing 1 LS $3,000.00 $3,000.00 $10,000.00 $10,000.00

12 Disinfection and Iron Bacteria Prevention 1 LS $5,000.00 $5,000.00 $1,750.00 $1,750.00

13 Well Television Inspection 1 LS $2,000.00 $2,000.00 $2,500.00 $2,500.00

SCHEDULE B TOTAL: $285,950.00 $245,463.00

BASE BID TOTAL (SCHEDULE A & B): $585,850.00 $526,041.00

Completed Bid Form

Addenda Acknowledged

Bid Security

Contractor's Non-Collusion Affidavit

Anti-Discrimination Affidavit

General Contractor Public Works License Number

Naming of Subcontractors

Electrical

HVAC

Plumbing

P.O.Box 3810

Engineers Est.

O'Keefe Drilling Company, Inc.

Yes

OR

OR

* Presence of surety seal on Bid Guaranty Bond to be verified by the City.

N/A

Yes

Yes*

Yes

Yes

004343-CC-4

Yes

N/A

N/A

7/29/2019 \\CDAFILES\Public\Projects\JUB\20-19-012 City of Post Falls-2019 Well Projects\Documents\Specs - Well Drilling\Award Documents\Post Falls 2019 Well Drilling_Bid Abstract

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Page 233: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

CITY OF POST FALLS AGENDA REPORT NEW BUSINESS

MEETING DATE: August 6, 2019

DATE: July 30, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: Parks and Recreation Director, Fair

SUBJECT: Proposed land exchange – Lamb Storage

ITEM AND RECOMMENDED ACTION: With the approval of the council, staff will proceed with the notice of intent to exchange municipal Real Property with Lamb Storage Staff’s recommendation is to proceed with the public hearing on this land exchange. DISCUSSION: Lamb Storage purchased the land next to the City’s Community Garden on 3rd Avenue. To facilitate their development staff has work with them to exchange a finger of city land that cuts into their site with a piece that abuts the City’s Garden space. The city will give up 527 square feet of land (Exhibit “A”) and will receive 8,609 square feet of land (Exhibit “B”). The land the city is receiving will also have an easement for drainage from the Lamb Storage property. That swale will be incorporated into the gardens design. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: This is the first review of this proposed exchange APPROVED OR DIRECTION GIVEN: n/a FISCAL IMPACT OR OTHER SOURCE OF FUNDING: n/a BUDGET CODE:

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n/a SUPPORTING DOCUMENTS: Preliminary record of Survey Legal descriptions – Exhibit “A” & “B”

Page 235: CITY COUNCIL August 6, 2019 MEETING AGENDA 6:00 PM ...€¦ · North Idaho Centennial Trail Foundation Presentation by Tabitha Kraack Executive Director ... July16, 2019 City Council

TAX#16749

TAX#16748

TAX

#17

034

RIVERVIEW PARKADDTION

4 5321

TAX #4417EX TAX #'S

TAX

#17

035

VACATED R-O-WPER INST. 1369872

EXHIBIT "B"

RECORD OF SURVEY BOUNDARY LINE ADJUSTMENT - LOTS 1, 2 & 3 OF RIVERVIEW PARK ADDITION AND VACATED R-O-W; TAX NUMBER'S 4417, 15532, 16749 AND 17035

ALL IN SECTION 2, TOWNSHIP 50 N., RANGE5 W., BOISE MERIDIAN, CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO

H-Scale 1"=30' 15' 30' 60'

30'

LEGEND

IN RECORDS OF KOOTENAI COUNTY, IDAHO:

R-1 RECORD OF SURVEY BY JOHN HOWE PLS 832. RECORDED IN BOOK 6 OFSURVEYS AT PAGE 187, UNDER INSTRUMENT NO. 1108786.

R-2 RECORD OF SURVEY BY JOHN HOWE PLS 832. RECORDED IN BOOK 13 OFSURVEYS AT PAGE 71, UNDER INSTRUMENT NO. 1307421.

R-3 RECORD OF SURVEY BY ERNEST M. WARNER PLS 4565. RECORDED INBOOK 30 OF SURVEYS AT PAGE 102, UNDER INSTRUMENT NO.2627548000.

R-4 PLAT OF RIVERVIEW PARK ADDITION. RECORDED IN BOOK D OF PLATSAT PAGE 161, UNDER INSTRUMENT NO. 394013.

REFERENCES

SURVEYOR'S CERTIFICATE

BASIS OF BEARING

RECORDER'S CERTIFICATE

AS SHOWN HEREON, BASIS OF BEARING FOR THIS SURVEY IS IDAHO STATEPLANE COORDINATE SYSTEM, WEST ZONE, (1103) - US SURVEY FEET. THEPROJECT COORDINATES WERE DERIVED FROM NGS OPUS SOLUTION USING AREFERENCE FRAME OF NAD83 (2011)(EPOCH: 2010.0000). BEARINGS SHOWN AREGRID AND DISTANCES SHOWN ARE GROUND USING A COMBINED ADJUSTMENTFACTOR (CAF) OF 1.0000701. A CONVERGENCE ANGLE OF - 00°52'32" SHOULD BEUSED TO CONVERT GRID BEARINGS TO GEODETIC.

THIS MAP WAS FILED IN THE OFFICE OF THE RECORDER, COUNTY OFKOOTENAI, STATE OF IDAHO, AT THE REQUEST OF JOHNSON SURVEYING

ON DATE ________________________________ AT _____________ O'CLOCK ____ M

AS INSTRUMENT ____________________ IN BK. ______ OF SURVEYS AT PG. _____

BY ____________________________________________________________________, DEPUTY, JIM BRANNON, RECORDER. FEE: __________________________________

I, CHAD J. JOHNSON, PLS 9367, A PROFESSIONAL LAND SURVEYOR IN THE STATEOF IDAHO, DO HEREBY CERTIFY THAT THIS IS A TRUE SURVEY OF THE PLATTEDLAND MADE BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT APPLICABLECORNER RECORDS HAVE BEEN FILED, IN COMPLIANCE WITH THE LAWS OF THESTATE OF IDAHO.

____________________________________________________________________ CHAD J. JOHNSON PLS 9367 DATE

INST.#

BOOK PAGE

N

DRAFTED BY:

PROJECT No.:

P.O. Box 2544 Post Falls, ID 83877208-660-2351

PLOT DATE:DATE SURVEYED:

CHECKED BY:FILE NAME:

SHEET

johnsonsurveyingnw.com

9367PROFESSIO

NAL LAND SURVEYOR

CHAD J. JOHNSON

STATE OF IDAHO

REGISTERED

OCT. 2019 BAG

18-063

RECORD OF SURVEYBOUNDARY LINE ADJUSTMENT

SECTION 2, TOWNSHIP 50 NORTH, RANGE 5 WEST, B.M.,

1118-063 SURVEY

07/19/2019

CJJ

CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO

SET 5/8" x 24" REBAR WITH YELLOW PLASTIC CAP, P.L.S. 9367

FOUND 1" IRON PIPE, OR AS NOTED

CALCULATED POSITION, NOTHING FOUND OR SET

SET 1/2" x 24" REBAR WITH YELLOW PLASTIC CAP, P.L.S. 9367

FOUND 5/8" REBAR AND CAP MARKED PLS 5289, OR AS NOTED

FOUND 5/8" REBAR AND CAP MARKED PLS 13419, OR AS NOTED

FOUND 1/2" REBAR AND CAP MARKED PLS 4565, OR AS NOTED

NOTES1. THERE WAS NO ATTEMPT MADE TO SHOW PHYSICAL FEATURES OF THE

PROPERTY, OR TO SHOW ANY NON-RECORDED EASEMENTS, EXCEPT FORTHOSE SHOWN HEREON.

TRUE POINT OF BEGINNINGT.P.O.B.

RIGHT-OF-WAYR.O.W.

AutoCAD SHX Text
3rd ST.
AutoCAD SHX Text
FOUND RAILROAD SPIKE 1' BELOW GROUND
AutoCAD SHX Text
FOUND 5/8" REBAR AND CAP MARKED PLS 4342
AutoCAD SHX Text
FOUND 5/8" REBAR AND CAP MARKED PLS 4342
AutoCAD SHX Text
PART OF TAX NO 15532.
AutoCAD SHX Text
REMAINDER OF TAX NO 15532 EXHIBIT "C".
AutoCAD SHX Text
EXHIBIT "A" TO LAMB 527 S.F. 0.012 AC
AutoCAD SHX Text
J
AutoCAD SHX Text
S
AutoCAD SHX Text
ohnson
AutoCAD SHX Text
urveying
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EXHIBIT “B” TO CITY LOT 2-3 & VACATED R-O-W

A PARCEL OF LAND BEING LOTS 2 & 3 BLOCK 9 PER THE PLAT OF RIVERPARK ADDITION AS RECORDED IN BOOK “D” OF PLATS AT PAGE 161 UNDER INSTRUMENT NUMBER 394013, AND THAT PORTION OF THE VACATED COEUR D’ ALENE AVENUE PER ORDINANCE NUMBER 773, RECORDS OF KOOTENAI COUNTY, IDAHO. LYING IN THE NORTHWEST QUARTER OF SECTION 02, TOWNSHIP 50 NORTH, RANGE 5 WEST, BOISE MERIDIAN, CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING: AT THE SOUTHWEST CORNER OF LOT 2 BLOCK 9 BEING A FOUND R.R. SPIKE ON THE NORTH RIGHT OF WAY OF THE VACATED COEUR D’ ALENE AVENUE;

THENCE, ALONG THE LINE COMMON TO LOTS 1 & 2, N 00°52'57” E A DISTANCE OF 79.30 FEET TO THE NORTHWEST CORNER OF LOT 2; THENCE, ALONG THE NORTH LINE OF LOT 2, N 87°10'55” E A DISTANCE OF 80.41 FEET TO THE NORTHEAST CORNER OF LOT 3;

THENCE, ALONG THE EAST LINE OF LOT 3, S 00°52'19" W A DISTANCE OF 110.03 FEET TO THE CENTERLINE OF THE VACATED E. COEUR D’ ALENE AVENUE;

THENCE, ALONG SAID CENTERLINE OF THE VACATED E. COEUR D” ALENE AVENUE, N 88°53'10" W A DISTANCE OF 80.26 FEET TO THE INTERSECTION WITTH THE PROJECTED WEST LINE OF SAID LOT 2;

THENCE, LEAVING SAID CENTERLINE, N 00°52'57" E A DISTANCE OF 25.21 FEET TO THE TRUE POINT OF

BEGINNING.

SAID PARCEL CONTAINING 8,609 SQUARE FEET, MORE OR LESS.

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EXHIBIT “A” PART OF TAX # 15532

A PARCEL OF LAND BEING A PORTION OF THE PROPERTY DESCRIBED IN TAX NUMBER 15532 RECORDED UNDER INSTRUMENT NUMBER 1113403, RECORDS OF KOOTENAI COUNTY, IDAHO. LYING IN THE NORTHWEST QUARTER OF SECTION 02, TOWNSHIP 50 NORTH, RANGE 5 WEST, BOISE MERIDIAN, CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING: AT THE SOUTHWEST CORNER OF LOT 1 BLOCK 9 BEING A FOUND 1/2” REBAR ON THE NORTH RIGHT OF WAY OF THE VACATED E. COEUR D’ ALENE AVENUE;

THENCE, N 88°53'10” W A DISTANCE OF 6.94 FEET; THENCE, N 00°54'26” E A DISTANCE OF 76.03 FEET TO A FOUND 5/8” REBAR AND PLS 4342 CAP;

THENCE, N 87°11'49" E A DISTANCE OF 6.96 FEET TO THE NORTHWEST CORNER OF LOT 1 BLOCK 9;

THENCE, ALONG THE WEST LINE OF LOT 1, S 00°52'19" W A DISTANCE OF 76.49 FEET TO THE TRUE

POINT OF BEGINNING.

SAID PARCEL CONTAINING 527 SQUARE FEET, MORE OR LESS.

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CITY OF POST FALLS AGENDA REPORT

ORDINANCE AGENDA MEETING DATE: AUGUST 6, 2019

DATE: July 10, 2019

TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: PUBLIC SERVICES DEPARTMENT COMMUNITY DEVELOPMENT – PLANNING DIVISION

SUBJECT: ORDINANCE ITEM FOR THE AUGUST 6, 2019 CITY COUNCIL MEETING TITLE 18A TEXT AMENDMENT FILE NO. TA-0002-2019

ITEM AND RECOMMENDED ACTION: With approval of the Ordinance Agenda, City Council authorizes the Mayor’s signature of the Ordinance for the Title 18A Text Amendment. DISCUSSION: The applicant (Planning Division, City of Post Falls) has requested amend the language adding the ground floor of any structure constructed on a lot with frontage on Spokane Street must be used for non-residential uses and remove the impermeable surface language. On April 9, 2019 a public hearing was held before the Planning & Zoning Commission. After receiving testimony and hearing the staff report, the Commission forwarded an approval to City Council. On May 21, 2019 a public hearing was held before the City Council and after receiving testimony and hearing the staff report, the Council approved the proposed text amendment. ITEM / PROJECT PREVIOUSLY REVIEWED BY COUNCIL ON: May 21, 2019 APPROVED OR DIRECTION GIVEN: APPROVED TEXT AMENDMENT FISCAL IMPACT OR OTHER SOURCE OF FUNDING: N/A BUDGET CODE: N/A SUPPORTING DOCUMENTS: Copy of the Ordinance

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ORDINANCE NO. _____

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO, AMENDING MUNICIPAL CODE SECTIONS 18A.20.070(E), 18A.20.110(A), AND 18A.28.010 TO REQUIRE FIRST FLOOR NON-RESIDENTIAL USES ON SPOKANE STREET, REPEAL IMPERMEABLE SURFACE STANDARDS AND TO ADD A DEFINITION OF LOT COVERAGE TO SMARTCODE; REPEALING CONFLICTING ORDINANCES; PROVIDING SEVERABILITY; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE BY SUMMARY AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, after public hearing on the hereinafter provided amendments, and after recommendation by the Planning and Zoning Commission, it is deemed by the Mayor and City Council to be in the best interests of the City of Post Falls that said amendments be adopted; NOW, THEREFORE,

BE IT ORDAINED, by the Mayor and City Council of the Post Falls: SECTION 1. That Post Falls Municipal Code Subsection 18A.20.070(E) is amended to read as follows:

18A.20.070: BUILDING CONFIGURATION: E. Specific to zones SC-5, SC-6: 1. Awnings, arcades, and galleries may encroach the sidewalk to within two feet (2') of the curb but must clear the sidewalk vertically by at least eight feet (8'). 2. Maximum encroachment heights (extension lines) for arcades shall be as shown on table 8, attached to the ordinance codified herein. 3. Stoops, light wells, balconies, bay windows, and terraces may encroach the first layer one hundred percent (100%) of its depth. (Table 17d, attached to the ordinance codified herein.) 4. Loading docks and service areas shall be permitted on frontages only by administrative authorization. 5. In the absence of a building facade along any part of a frontage line, a street screen shall be built coplanar with the facade. 6. Street screens should be between 3.5 and six feet (6') in height. The street screen may be replaced by a hedge or fence by administrative authorization. Street screens shall have openings

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no larger than necessary to allow automobile and pedestrian access. Street screens above six feet (6') in height may be permitted by administrative authorization. 7. The ground floor of any structure constructed on a lot with frontage on Spokane Street must be used for non-residential uses. A first level residential or lodging function shall be raised a minimum of two feet (2') from average sidewalk grade.

SECTION 2. That Post Falls Municipal Code Subsection 18A.20.110(A) is amended to read as follows: 18A.20.110: LANDSCAPE STANDARDS: A. General to zones SC-2 through SC-6: 1. Impermeable surface shall be counted within the ratio of lot coverage specified in table 14F, attached to the ordinance codified herein. 12. Commercial, office, civic, or retail uses shall also comply with section 18.24.080, "Landscaping", of this code (or its successor). SECTION 3. That a new definition is added to Post Falls Municipal Code Section 18A.28.010 to read as follows: 18A.28.010: TERMS DEFINED: This chapter provides definitions for terms in this title that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this chapter, then the DRC shall determine the correct definition, by first determining if a dictionary definition is appropriate. LOT COVERAGE: The percentage of the total lot area covered by buildings. SECTION 4. All provisions of the current Post Falls Municipal Code or ordinances of the City of Post Falls and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 5. Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Post Falls City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance.

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SECTION 6. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. SECTION 7. After its passage and adoption, a summary of this Ordinance, under the provisions of the Idaho Code, shall be published once in the official newspaper of the City of Post Falls, and upon such publication shall be in full force and effect. Passed under suspension of rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Post Falls at a regular session of the City Council on__________, 20 .

APPROVED, ADOPTED and SIGNED this day of , 20 . ________________________________ Ronald G. Jacobson, Mayor ATTEST: _____________________________ Shannon Howard, City Clerk

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SUMMARY OF POST FALLS ORDINANCE NO. ______ The City of Post Falls, Kootenai County Idaho hereby gives notice of the adoption of Post Falls Ordinance No. __________, which amends Municipal Code Sections 18A.20.070(e), 18A.20.110(a), and 18A.28.010 to require first floor non-residential uses on Spokane Street, repeal impermeable surface standards and to add a definition of lot coverage to SmartCode; providing repeal of conflicting ordinances and providing severability. The ordinance is effective upon publication of this summary. The full text of the summarized Ordinance No. ______ is available at Post Falls City Hall, 408 Spokane Street, Post Falls, ID 83854 in the office of the city clerk.

Shannon Howard, City Clerk

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STATEMENT OF LEGAL ADVISOR I, Warren J. Wilson, am the legal advisor for the City of Post Falls, Idaho. I have examined the attached summary of Post Falls Ordinance No. ______, which amends Municipal Code Sections 18A.20.070(e), 18A.20.110(a), and 18A.28.010 to require first floor non-residential uses on Spokane Street, repeal impermeable surface standards and to add a definition of lot coverage to SmartCode, and find it to be a true and complete summary of said ordinance which provides adequate notice to the public of the context thereof. DATED this day of , 20 . Warren J. Wilson, City Attorney

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ORDINANCE NO. _____

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO, AMENDING SECTION 2.04.050 TO PROVIDE THAT CITY COUNCIL MEMBERS WILL BE PAID $10,282.00 ANNUALLY; REPEALING CONFLICTING ORDINANCES; PROVIDING SEVERABILITY; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE BY SUMMARY AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is deemed by the Mayor and City Council to be in the best interests of the City of Post Falls that the following amendment be adopted; NOW, THEREFORE,

BE IT ORDAINED, by the Mayor and City Council of the Post Falls: SECTION 1. That Post Falls Municipal Code Section 2.04.050 is amended to read as follows: 2.04.050 Salary of City Council Members: Each member of the city council shall receive an monthly annual salary in the amount of eight hundred sixteen dollars ($816.00) commencing January 1, 2012 ten thousand two hundred e igh ty- two dollars ($10,282.00) commencing January 1, 2020. Each city council member shall be entitled to receive employee benefit offerings available to regular employees of the city and shall be paid on the same pay cycle as other regular employees of the city.

SECTION 2. All provisions of the current Post Falls Municipal Code or ordinances of the City of Post Falls and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 3. Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Post Falls City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance. SECTION 4. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or

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unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. SECTION 5. After its passage and adoption, a summary of this Ordinance, under the provisions of the Idaho Code, shall be published once in the official newspaper of the City of Post Falls, and upon such publication shall be in full force and effect. Passed under suspension of rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Post Falls at a regular session of the City Council on__________, 20 .

APPROVED, ADOPTED and SIGNED this day of , 20 . ________________________________ Ronald G. Jacobson, Mayor ATTEST: _____________________________ Shannon Howard, City Clerk

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SUMMARY OF POST FALLS ORDINANCE NO. ______ The City of Post Falls, Kootenai County Idaho hereby gives notice of the adoption of Post Falls Ordinance No. __________, which amends Section 2.04.030 to provide that City Council members will be paid $10,282.00 annually; providing repeal of conflicting ordinances and providing severability. The ordinance is effective upon publication of this summary. The full text of the summarized Ordinance No. ______ is available at Post Falls City Hall, 408 Spokane Street, Post Falls, ID 83854 in the office of the city clerk.

Shannon Howard, City Clerk

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STATEMENT OF LEGAL ADVISOR I, Warren J. Wilson, am the legal advisor for the City of Post Falls, Idaho. I have examined the attached summary of Post Falls Ordinance No. ______, which amends Section 2.04.030 to provide that City Council members will be paid $10,282.00 annually and find it to be a true and complete summary of said ordinance which provides adequate notice to the public of the context thereof. DATED this day of , 20 . Warren J. Wilson, City Attorney

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ORDINANCE NO. _____

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF POST FALLS, KOOTENAI COUNTY, IDAHO, AMENDING SECTION 2.04.030 TO PROVIDE THAT THE MAYOR WILL BE PAID $24,678.00 ANNUALLY; REPEALING CONFLICTING ORDINANCES; PROVIDING SEVERABILITY; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE BY SUMMARY AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is deemed by the Mayor and City Council to be in the best interests of the City of Post Falls that the following amendment be adopted; NOW, THEREFORE,

BE IT ORDAINED, by the Mayor and City Council of the Post Falls: SECTION 1. That Post Falls Municipal Code Section 2.04.030 is amended to read as follows: 2.04.030: SALARY OF MAYOR:

The mayor shall receive an monthly annual salary in the amount of one thousand seven hundred eighty eight dollars twenty five cents ($1,788.25) commencing January 1, 2012 twenty-four thousand six hundred seventy-eight dollars ($24,678.00) commencing January 1, 2020. The mayor shall be entitled to receive employee benefit offerings available to regular employees of the city and shall be paid on the same pay cycle as other regular employees of the city.

SECTION 2. All provisions of the current Post Falls Municipal Code or ordinances of the City of Post Falls and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 3. Neither the adoption of this ordinance nor the repeal of any ordinance shall, in any manner, affect the prosecution for violation of such ordinance committed prior to the effective date of this ordinance or be construed as a waiver of any license or penalty due under any such ordinance or in any manner affect the validity of any action heretofore taken by the City of Post Falls City Council or the validity of any such action to be taken upon matters pending before the City Council on the effective date of this ordinance. SECTION 4. The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein,

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and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. SECTION 5. After its passage and adoption, a summary of this Ordinance, under the provisions of the Idaho Code, shall be published once in the official newspaper of the City of Post Falls, and upon such publication shall be in full force and effect. Passed under suspension of rules upon which a roll call vote was duly taken and duly enacted an Ordinance of the City of Post Falls at a regular session of the City Council on__________, 20 .

APPROVED, ADOPTED and SIGNED this day of , 20 . ________________________________ Ronald G. Jacobson, Mayor ATTEST: _____________________________ Shannon Howard, City Clerk

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SUMMARY OF POST FALLS ORDINANCE NO. ______ The City of Post Falls, Kootenai County Idaho hereby gives notice of the adoption of Post Falls Ordinance No. __________, which amends Section 2.04.030 to provide that the Mayor will be paid $24,678.00 annually; providing repeal of conflicting ordinances and providing severability. The ordinance is effective upon publication of this summary. The full text of the summarized Ordinance No. ______ is available at Post Falls City Hall, 408 Spokane Street, Post Falls, ID 83854 in the office of the city clerk.

Shannon Howard, City Clerk

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STATEMENT OF LEGAL ADVISOR I, Warren J. Wilson, am the legal advisor for the City of Post Falls, Idaho. I have examined the attached summary of Post Falls Ordinance No. ______, which amends Section 2.04.030 to provide that City Council members will be paid $24,678.00 annually and find it to be a true and complete summary of said ordinance which provides adequate notice to the public of the context thereof. DATED this day of , 20 . Warren J. Wilson, City Attorney