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HomeMy WebLinkAbout2014-09-231. Roll -Call Attendance X David Zaremba 0 Joe Borton Charlie Rountree X Keith Bird X Genesis Milam Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Tom Katsma with Valley Life Community Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Sewer and Water Main Easement for McLinder Subdivision No. 1 B. Temporary License Agreement with Ada County Highway District for use of Right -®f -Way for Landscaping at the Victory Ground Reservoir Site C. Addendum No. 12 to Agreement for City Prosecutor/Criminal Legal Services Dated November 1, 2002 D. Approval of Contract Amendment No. 5 to Extend the Contract for Janitorial Services to Varsity Contractors, Inc. in the Not -To -Exceed Amount of $120,144.96 E. Approval of Award of RFQ and Master Agreements for Professional Services over $25,000.00 as Listed Below: 1a - Civil Survey, Keller Associates, SPF Water for Water Supply and Distribution Engineering ® Well Pump Facility, Booster Station, Storage Reservoir and Valve Station Design Services. Meridian City Council Meeting Agenda — Tuesday, September 23, 2014 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1 d - JUB, Keller Associates, Mountain Waterwork for Water Supply and Distribution Engineering — Groundwater Supply Treatment/Filtration Design Services. 2a — Brown & Caldwell, CH2MHill, Mountain Waterworks for Wastewater Collection and Treatment Engineering — NPDES and Biosolids Permit Defense, WWTP Pretreatment Program WWTP Plant Design and Upgrades (optimization, odor control, solids and liquids processing); other misc. wastewater treatment plant design and/or construction projects. 4A — MTI, STRATA, Terracon for Geotechnical Engineering — Materials Testing and Inspections; soils and foundation reports. 5a - CH2M Hill, Keller Associates, T -O Engineers for Hydraulic Engineering — Hydraulic and hydrological modeling and mapping of surface water sources, and floodplan development. Development, submittal and review of FEMA map change projects and map changes proposed by FEMA according to local ordinances and FEMA standards. 6a — CH2M Hill, Hydrologic, SPF Water for Hydrogeological Services — Test well and production well design, well rehabilitation design, and well reconstruction design; test well monitoring, chemical analysis of groundwater, hydrogeological mapping; groundwater modeling, proof of beneficial use examinations, water rights transactions and analysis. 13a — CTA, Jensen Belts, The Group for Landscape Architecture — New construction landscape and irrigation design and significant landscape renovations; conceptual design and park master planning; streets cape/walkway/pathway improvements and/or repairs; new playground design and installations or improvements to existing playground facilities; tree preservation; reduction of flooding potential; drainage and dewatering; and erosion control. F. Approval of Task Order 10340.G for "Well 21 Iron and Manganese Removal Treatment Facility - Services During Construction" to CH2M Hill Engineers in the Not -To -Exceed Amount of $121,026.00. This Task Order is written against the current Master Agreement (1 d) between the parties. G. Interagency Agreement for: Roadway Construction/Water, Recycled Water and Sewer Construction for the Ten Mile Road — Cherry Lane to Ustick Road Project. ACHD PROJECT NO. 503023 / CITY OF MERIDIAN PROJECT NO. 10374A Meridian City Council Meeting Agenda — Tuesday, September 23, 2014 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. a FA 3 a Items Moved From Consent Agenda None Action Items A. Fee Waiver Request by the Boys and Girls Club Approved B. Continued Public Hearing September 16, 2014: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision Withdrawn C. Public Hearing: Proposed Sewer Connection Fee Increase Continued to October 7, 2014 Department Reports A. Mayor's Office: Renewal of Emergency Medical Services Joint Powers Agreement Approved B. Resolution No. 14-1020: A Resolution Of The Mayor And The City Council Of The City Of Meridian Appointing Calvin Barrett To Seat 2 Of The Meridian Development Corporation Approved C. Public Works: Budget Amendment for FY2015 in the Amount of $360,000.00 for the Well 21 Iron and Manganese Treatment Facility Approved D. Public Works: Approval of Award of Bid and Agreement to Sletten Construction Company for the "WELL 21 IRON AND MANGANESE REMOVAL/TREATMENT FACILITY" Project for a Not -To -Exceed Amount of $587,100.00 Approved E. Legal Department: Memorandum of Understanding to Extend the Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 Approved F. Legal Department: Discussion and Approval of Addendum to Meridian Heights Water and Sewer Agreement Moved after Item 11 ® Executive Session ® Approved +�' • wMI=M Ordinances Meridian City Council Meeting Agenda — Tuesday, September 23, 2014 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Ordinance No. 14-1624: RZ 14-005 Southridge Commercial: An Ordinance for the Re -zone of a Parcel of Land Located Southwest Corner of S. Linder Road and W. Overland Road of 7.41 +/- acres from TN -C to the C -C Zoning District Approved 10. Future Meeting Topics None 11. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code 12. Into Executive Session y Meridian City Council Meeting Agenda — Tuesday, September 23, 2014 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council September 23, 2014 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, September 23, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree, Genesis Milam and Luke Cavener. Members Absent: Joe Borton. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Tom Barry, Warren Stewart, Tracy Crane, Jamie Leslie, Perry Palmer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _X_ Lucas Cavener X Mayor Tammy de Weerd De Weerd: Welcome to our Council meeting. We appreciate you all being here. For the record it is Tuesday, September 23rd. It's three minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance.) Item 3: Community Invocation by Tom Katsma with Valley Life Community Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Katsma. Pastor Katsma is with Valley Life Community Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you again for being here. Katsma: Let's pray together. Almighty God, we are grateful tonight that you are awesome in power. That you are perfect in wisdom and that you are compassionate in character. We pray for your leading and direction, your wisdom and inspiration. For patience, as well as for direction in the proceedings of the city's business tonight. We thank you, Lord, that we can ask this of you and we give you the credit for all the good things that you are doing in our lives and in our leaders and through this Council. So, Meridian City Council September 23, 2014 Page 2 of 37 bless the Mayor, bless the Council men and women, bless the staff and the citizens here tonight in all that is done. We pray this in your name, amen. De Weerd: Thank you. And for the -- answering the special request. Appreciate that. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Some changes in the agenda. Item 7-13, the applicant has withdrawn that item. Item 7-C, the staff requested to continue the hearing until October 7th, 2014. Under Item 8-13, the resolution number is 14-1020. Under item 9-A the ordinance number is 14-1624. And with those changes, Madam Mayor, I move that we adopt the agenda. Bird: Second. De Weerd: I have a motion and a second and just for clarification on 7-C, which staff has asked to open the public hearing today with their presentation with no decisions until -- Rountree: Okay. De Weerd: -- to continue this until the 7th. Rountree: Okay. De Weerd: Okay. Council, I have a motion and a second to approve the adoption of the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Sewer and Water Main Easement for McLinder Subdivision No. 1 B. Temporary License Agreement with Ada County Highway District for use of Right -Of -Way for Landscaping at the Victory Ground Reservoir Site Meridian City Council September 23, 2014 Page 3 of 37 C. Addendum No. 12 to Agreement for City Prosecutor/Criminal Legal Services Dated November 1, 2002 D. Approval of Contract Amendment No. 5 to Extend the Contract for Janitorial Services to Varsity Contractors, Inc. in the Not - To -Exceed Amount of $120,144.96 E. Approval of Award of RFQ and Master Agreements for Professional Services over $25,000.00 as Listed Below: 1a - Civil Survey, Keller Associates, SPF Water for Water Supply and Distribution Engineering — Well Pump Facility, Booster Station, Storage Reservoir and Valve Station Design Services 1d - JUB, Keller Associates, Mountain Waterwork for Water Supply and Distribution Engineering — Groundwater Supply Treatment/Filtration Design Services. 2a — Brown & Caldwell, CH2MHill, Mountain Waterworks for Wastewater Collection and Treatment Engineering — NPDES and Biosolids Permit Defense, WWTP Pretreatment Program WWTP Plant Design and Upgrades (optimization, odor control, solids and liquids processing); other misc. wastewater treatment plant design and/or construction projects. 4A — MTI, STRATA, Terracon for Geotechnical Engineering — Materials Testing and Inspections; soils and foundation reports. 5a - CH2M Hill, Keller Associates, T -O Engineers for Hydraulic Engineering — Hydraulic and hydrological modeling and mapping of surface water sources, and floodplan development. Development, submittal and review of FEMA map change projects and map changes proposed by FEMA according to local ordinances and FEMA standards. 6a — CH2M Hill, HydroLogic, SPF Water for Hydrogeological Services — Test well and production well design, well rehabilitation design, and well reconstruction design; test well monitoring, chemical analysis of groundwater, hydrogeological mapping; groundwater modeling, proof of beneficial use examinations, water rights transactions and analysis. 13a — CTA, Jensen Belts, The Group for Landscape Architecture — New construction landscape and irrigation Meridian City Council September 23, 2014 Page 4 of 37 design and significant landscape renovations; conceptual design and park master planning; streetscape/walkway/pathway improvements and/or repairs; new playground design and installations or improvements to existing playground facilities; tree preservation; reduction of flooding potential; drainage and dewatering; and erosion control. F. Approval of Task Order 10340.G for "Well 21 Iron and Manganese Removal Treatment Facility - Services During Construction" to CH2M Hill Engineers in the Not -To -Exceed Amount of $121,026.00. This Task Order is written against the current Master Agreement (1d) between the parties. G. Interagency Agreement for: Roadway Construction/Water, Recycled Water and Sewer Construction for the Ten Mile Road — Cherry Lane to Ustick Road Project. ACHD PROJECT NO. 503023 / CITY OF MERIDIAN PROJECT NO. 10374A De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor, I move that we approve the Consent Agenda as publish. Authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Fee Waiver Request by the Boys and Girls Club De Weerd: So, we will move right into our Action Items. Item 7-A is a fee waiver request. Council, in front of you you do have a letter requesting your consideration of a Meridian City Council September 23, 2014 Page 5 of 37 fee waiver similar to what we have done on other projects for the Boys and Girls Club. I would ask if you have any questions. A representative from the Boys and Girls Club is here should you have any additional questions, other than what's stated in the letter. Rountree: I have none. Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I do have a brief question and I'm not sure who to pose this question to. But my question is with the other projects that we have done with the Boys and Girls Club has the city made any financial donations in any of those projects? De Weerd: Mr. Cavener, I guess if it's a donation of the facility, yes, we have. Cavener: Okay. De Weerd: Any other questions? Okay. Rountree: Madam Mayor, I guess I -- just for clarification. The -- the request is -- or the recommendation is to waive the soft costs and that the hard costs will be borne by the Boys and Girls Club. Correct? De Weerd: And those hard costs are inspectors' costs that in the past we have considered that are -- they wanted to donate their hard costs or not and that's been an individual decision based on their own -- Rountree: Okay. De Weerd: -- decision. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With that I move that we accept the waiver request for the Boys and Girls Club with respect to permit fees for the soft costs to the city. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Meridian City Council September 23, 2014 Page 6 of 37 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, nay. De Weerd: Okay. Motion carries. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. B. Continued Public Hearing September 16, 2014: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision De Weerd: Item 7-B. The applicant has withdrawn this application. Council, I would have -- I would need a motion to accept withdrawal of this application. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- do we need to close the public hearing first and then -- Nary: The public hearing was never opened. They continued it without opening the public hearing -- oh, I take that back. I'm sorry. We continued that. Bird: They opened that. Nary: So, we should close it. I'm sorry. I apologize. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on VAC 14-004. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-B. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? Meridian City Council September 23, 2014 Page 7 of 37 De Weerd: I'm sorry, Mr. -- Rountree: I just had a question of staff. Does that mean we will not see a vacation request in the future or are we going to see yet another application for this property? Hood: Madam Mayor, Council Rountree, I am not sure. Rountree: Okay. Hood: I'll leave it at that. I am not sure. Rountree: Well, we have seen it a number of times, so I was just curious. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With that I move that we withdraw VAC 14-004. Milam: Second. De Weerd: I have a motion and a second to approve the withdrawal of this application for Item 7-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing: Proposed Sewer Connection Fee Increase De Weerd: Item 7-C is a public hearing on the proposed sewer connection fee increase. I will note again for the record that no decisions will be made this evening and we will -- this public hearing will be continued to October 7th for Council's action at that time. So, I will turn this over to Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. As you know, this is sort of the second or third installment of activities that are involved in and around modifying our sewer revenues for our wastewater utility associated with both EPA environmental mandates recently and, then, also growth. So, you have approved recently the rate modifications that we requested. Those went into effect on September 20th. We are here tonight to talk about the sewer connection fee, also known as the sewer assessment fee and get your decision and direction on moving forward with our recommendation by our department to modify the sewer connection fee. So, today wanted to speak with you about a couple of small issues with our agenda. Essentially, the pressures on the wastewater utility, future financing challenges in and around the sewer assessment fee, a recommendation regarding the -- a modification to the sewer assessment fee, and, then, finally, offer an opportunity for questions and discussion. Meridian City Council September 23, 2014 Page 8 of 37 There is two predominate pressures on the wastewater utility or sewer system at this point in time. The first is growth and the second is new regulation. Now, we will talk a little bit about how that plays into the financing models and approaches that we have used in the department, but for the time being let's touch on each of these in particular. So, as it relates essentially to growth, we know that if we are going to continue to accommodate the kind of growth this city has seen for the past several decades that we need to insure that we operate with sufficient capacity to accommodate that growth. The capacity of the wastewater treatment plant is essentially at issue at this point in time and that's a huge driver for modifying the sewer assessment fee to insure that the revenues we collect can accommodate the expansions necessary to insure that growth continues. Secondarily, new regulation, as I have touched on multiple times throughout this year, are driving up costs for our wastewater utility. In particular, our wastewater treatment plant as we have to meet a higher level of water quality standards that are coming our way in the form of EPA mandates to our National Pollution Discharge Elimination System permits. So, those water quality improvements are also adding costs to capital projects, essentially, and we need to make sure that the funding that we identify and collect covers the new service level costs associated with this higher level of water quality treatment that is being required of us to meet. So, to touch really quickly on growth. Most of you have been in the community long enough or been on the Council long enough to know that growth is off the charts when it comes to Meridian, whether you compare that regionally, whether you compare that statewide, or whether you compare it nationally. Essentially, between 1990 and 2000 our population tripled. Doubled again between 2000 and 2008. We are the tenth fastest growing city in the United States currently and we are the fastest growing community in the city of Idaho and depending on who you believe, whether it's the census or COMPASS, we are the second or the third largest city in the state of Idaho. I know that's a controversial subject, so I just steered clear of it. Bird: Do we get to vote on that? It depends on whether -- who is getting paid for population or who is paying for population. Barry: I suppose so. That is not my specialty, so I figured I would throw both numbers out for you and you can choose which one you like. Nevertheless, what is interesting is that we have grown enormously in the past few decades and that growth is continuing. As I said, tenth fastest growing community in the nation at this point in time. So, I thought, you know, I have used this before in the past -- I don't know if I have showed the City Council what this looks like graphically, what the growth looks like from a spatial relationship means. This is what the City of Meridian's city limits looked like in 1920. Now, I'm sorry, we don't have data between '20 -- 1920 and 1990, so -- De Weerd: Do you remember that, Keith? Bird: Almost. Barry: There you go. Meridian City Council September 23, 2014 Page 9 of 37 Milam: He took the picture. Bird: Frank can remember farther than I can on Meridian. Barry: I can't imagine it. Nevertheless, I don't have data between 1920 and 1990, but that's the difference in -- what's that, 70 years or so. Now you look at 1990-2000 and, then, 2000 to 2010. De Weerd: Wow. Barry: Significant. Bird: Tom? We are four times our population from '90 to 2000. We went from 9,000 to 36,000. Barry: Nine times three is 36. Milam: Twenty-seven. Barry: Hey, don't worry. I do the budget for the city, too. Bird: I like those figures if you're doing the budget. Barry: Well -- and I think those figures are from the Planning Department, okay, I will give credit where it's due. Nevertheless, it is impressive growth and it is something that has been accommodated, you know, at least in our history up until now and as I understand we still are going and desiring to accommodate it. Now, let's talk about the NPDES challenge. As I mentioned to you before -- and I won't go into detail about this -- the EPA for the entire Treasure Valley is actually the lower Boise River watershed is elevating the water quality standards across the board on many different levels and that's going to add cost to projects, it's going add costs to essentially everything. So, essentially, what that means is that our service level mandate is going to increase. Now, this is a graphic that shows sort of just two of the constituents that we are going to be asked to improve through these new water quality standards. Today the 2014 service levels require us, essentially, to remove about 86 percent of phosphorus and 84 percent of ammonia removal. Those two constituents alone are going to be increased to 99 percent removal of each at considerable cost to the city. Now, that means if we are going to build capacity tomorrow to meet this service level, okay, this higher level service requirement, that that's going to cost more than meeting a capacity unit today. Does that make sense? So, there are two things at play here. One, we want to accommodate growth, but we also have to make sure that when growth buys a unit of capacity -- we call that equivalent dwelling unit or equivalent residential unit, known as EDUs or ERUs. And although our city does not sell them has such, they are, essentially, equivalent to what we sell, which are connections; right? So, if you buy a connection today to our system, you're buying a service level today, which is what meets the environmental mandates of today. We cannot offer that same price to the Meridian City Council September 23, 2014 Page 10 of 37 service level that's being required of us to tomorrow and that's the point here, is that although growth should pay for growth, it has to pay for the mandated service level of growth at the time that that service level is mandated by the Environmental Protection Agency in this particular case. So, we have these two things at play. One, we want to make sure we have capacity in the treatment plant so we can keep growing and, two, make sure that that capacity meets environmental mandates which are, we know, a higher standard than they are today. So, here are some financial guidelines that we have applied in our work and these guidelines come from, essentially, Council directives, if you will, in some cases -- and I only took three here. There is a whole bunch of other financial policies we operate under. But, essentially, we operate under this principal that growth should pay for growth. We also operate under the notion that ratepayers should pay for system operation, repair, replacement, maintenance, personnel, operational costs. Those are all eligible costs that ratepayers should pay for and that we utilize a pay as you go financial strategy, which means we don't want to incur any debt. Right? We pay as we go. So, when we apply these guidelines a couple things need to be taken into consideration. When you look at the sewer assessment fee, that's what the SAF means. The sewer assessment fee does cover system expansion, which adds capacity. That's currently how we operate and that's currently how we propose to operate. We also know that the system -- or, excuse me, the sewer assessment fee must pay for the prescribed service level when that service level is mandated and that service level is elevating, as I just mentioned. Also, rates must pay and do pay for personnel, operations, and maintenance at the prescribed level. We know that that same service level is also elevating on the rate side, which is why we have gone through an exhaustive process to educate, inform, hold hearings, and, essentially, decide on what we needed to do from a rate standpoint to garner the revenue that we need in order meet that service level requirement. And also that rates should pay for and do pay for system depreciation. This is repair and replacement. So, we are able to, essentially, meet these criteria at -- as we have been in the past and this is what we have proposed in the future meeting as well. So, we are not -- we are not proposing any changing functionally or structurally to the way that we have done things in the past or that relates to the collection of these fees and I'd just mention just really quickly, rates are the dominant revenue stream for our department. Sixty-seven percent of our revenue comes from rates along. Nineteen percent comes from the collection of the sewer assessment fees and other fees, essentially. So, smaller proportionate wise. We have talked about the cost breakdown, so I wanted to run through this. There has been a couple of small modifications to the overall cost. You might recall the cost that I have presented to you in the past of about 170 million dollars. Well, when we went through our analysis with the financial services group in Seattle, there were a couple of things that came back, including some projects that were missed on the actual itinerary of projects over the next ten years for the CIP. When those projects were added in an additional nine million dollars was added to the overall cost over the next ten years. So, I apologize about that, but that's the reason you go through this type of scrutiny. When you look at that 179 million dollar cost, that's divided up, essentially, between largely capital -- 163 million. These are projects that need to be constructed -- and 16 million dollars of increased operations and maintenance costs. This isn't total, this is increased above what we currently spend and I had to cap that, essentially, at ten years, you Meridian City Council September 23, 2014 Page 11 of 37 know, because these things run in perpetuity. So, over a ten year period it equates to about 16 million. Now, if you wanted just the capital cost, this is how it's proportionally divided. Of the improvements that need to be undertaken in our wastewater utility, 45 percent of those improvements are to add capacity and they are to add capacity at the new service level as I just spoke about a few minutes ago. So, that's 45 percent, which equates to about 72 and a half million dollars. Now, there are some repairs and some replacements that need to be made to the wastewater treatment plant and some on the collection system. That comes to about four percent of the total cost or about seven million dollars over this ten year period. Fortunately, as I have mentioned to you in the past, our system is fairly young. So, we have the benefit of time as it relates to our depreciation scheduling, which is actually a very important saving grace at this point in time. And, then, when you look at the water quality improvements related to the Environmental Protection Agency's new mandates, 51 percent or about 83.5 million of that is in capital improvements. Now, some have argued, well, is that realistic. Is 83 million dollars realistic for capital improvements for water quality. We have touched base with the City of Nampa and their public works director says it will be more than 100 million for their compliance and we have also touched base with the water quality manager over at the city of Boise and their figure was identical, over 100 million. So, we can tell we are feeling, actually, like we have more of a refined number, because we actually have an implementation program with set projects and set values on those projects. And, fortunately, it's under -- from a capital standpoint under the 100 million at this point in time. But when you look at -- okay. So, now we have got these costs. Who should pay for what? Just as I mentioned to you before, developers are -- if we apply the growth pays for growth practice that we have used for many, many, many years, then, essentially, that 72.5 million is developer eligible, meaning the sewer assessment fee should insure that it covers those costs of growth. Everything else, essentially, goes to the ratepayers. So, the repairs, the replacement, water quality improvements for the service level increases and the O&M all go to ratepayers. So, you have got the 83 million -- 83 and a half million for water quality improvement, seven million for repairs, that brings your total capital to 90.5 million and, then, you add your O&M or at least over a ten year period. So, over a ten year period we are looking at 106.5 million dollars. So, that's how it's been apportioned. So, the challenge is, essentially, we have taken steps to modify rates. We have put into effect an EPA compliance that allows us to collect additional funds that will sunset in ten years, but we have to modify the sewer assessment fee to insure that growth still pays for growth and so to do that our recommendation is that we increase the sewer assessment fee by 676 dollars. I know I have come to you in the past and that amount has fluctuated back and forth a little bit here and there. As we refine the model and tighten down the inputs and the assumptions and the time frames and those sorts of things, going back through our facility and capital plans, also our master plans and whatever, we have been able to really get a firm grasp on this particular number and it has been vetted also by our financial services folks over in Seattle as well that 676 dollars would be the needed increase in order to maintain growth's proportionate share of the costs here, which means that our current assessment fee would go from 2,749 per connection to 3,425. Just as a quick note, that fee was last raised in 2007. And, then, lastly, we did not evaluate the water connection. Essentially that was off the table, because we are Meridian City Council September 23, 2014 Page 12 of 37 dealing with, essentially, growth related capacity improvements at the wastewater treatment plant, it's not as easy to expand the wastewater treatment plant as it is to punch a new wall for example and extend some lines. So, it's a little bit different animal. Also we don't have the same water quality mandate from the EPA, at least at this point in time on the water system side, so we just left that. That is work that I'm going to ask the staff to undertake to evaluate the water connection fee over the next probably six months or so, so that the next time we meet with you we can give you some as to where that -- that fee is in proportion to where it should be. Okay. Nevertheless, I know you're interested in regional fare -- regional fee comparison. With this change this would move Meridian as the second lowest sewer assessment fee to the third lowest sewer assessment fee. So, still highly marketable and probably more importantly when you compare to the regional average, we are nine percent or 424 dollars below the regional average if this recommendation was to be instituted and, furthermore, 150 dollars both Ada County and the city of Boise's sewer assessment fee connection. There has been a lot of work in and around this activity and a lot of -- a lot persons and organizations that have contributed to this revision and I wanted to point out some of their contributions. Essentially, project identification came from not only just the staff, but also HGR Engineering, JUB Engineers, Brown & Caldwell and CH2M Hill. Some of the brightest minds in the valley as it relates to addressing and overcoming the challenges that we are talking about here. The sewer assessment fee modeling was done by JUB Engineers and, then, the financial review was provided by the City of Meridian staff and also FCS Group located out of the Seattle Region. Now, the FCS group -- this is that third party that evaluated our -- our model and fees and assumptions and calculations and, essentially, recommendation -- did say that -- in their letter that the -- the approach that we took was consistent with Idaho statues and best practices for both Idaho and other surrounding states. That it was a sound methodology and the data was appropriately applied and the calculations were made correctly and, finally, that it's a solid and defensible approach, which is used all over the country. So, we feel very good about that clean bill of health, if you will. It did require a couple of modifications that we had to make along the way, but we feel very confident and appreciate your patience in allowing us to go through this process. Speaking of process, on the developer side we did send out 98 letters that were distributed to the major developers in our community. We had seven news articles in total over the last little while that were written up on this particular issue and the issues in and around EPA. New mandates. We had five Council presentations. We also met with BOMA and the BCA -- a couple times, actually. So, we had four association meetings. We have a dedicated web page to this particular issue, particular for developers. The response was, essentially, 22 unique website hits. We had one letter from the BCA. We had -- and they were, essentially, just saying we would like more time to evaluate, which is the reason for the Council recommendation for continuing this particular hearing. One phone call. That phone call, essentially, was a developer who said, hey, is that new rate on the website so I can start, you know, accommodating it and we said, no, it's not on the website, because it hasn't been approved yet. No e-mail responses, social media responses, or blog comments were received. So, keep in mind that this is one of several approaches that we have recommended. Obviously, utility rates were implemented, EPA compliance fee was implemented. The fee leveling proposal that we made is in process Meridian City Council September 23, 2014 Page 13 of 37 and modification of the sewer assessment fee is the discussion of tonight and also continuing into the early part of next month. So, what this means just quickly -- you have seen this graph before. The numbers changed just a little bit, because we had an addition of the nine million dollars in projects, so I just wanted to run you through this. I won't go in detail about the approach, other than to give you sort of the end product here. When you look, essentially, at tonight's proposal, the increased connection fees revenue, if our proposal is adopted, would add an additional 8.1 million dollars over the eight year period, which isn't a lot. So, the gap doesn't close very much. So, we end up with a gap of about 19.3 million. This gap has fluctuated, you know, anywhere between -- right around 11 million or so and the additional projects have increased the gap somewhat. We feel comfortable at this point in time with that particular gap. A lot can change over the next eight to ten years and you have already instructed us to look for the next two years biannually at this particular issue. So, I thought in the interest of the disclosure I would give you the final update to what that financing approach actually yields us moving forward. Lastly, our approach, as you know, relies on a couple of things. A ten year compliance schedule from the EPA which looks almost certain, that our projects are estimated accurately, the growth continues at the pace we set in the model at three percent per year. That we have continued usage amounts, that we don't see drops in sewer usage and we don't see drops in water usage, because, you know, we are sort of relying on that revenue. That the climate is going to be stable. We don't have really, really wet periods both on the shoulder seasons, because that changes water consumption and, therefore, that changes other consumptions. That we have the same delinquency rate. We don't want our delinquency rates to go up, because, obviously, that's a loss of revenue for us. That we have -- that we are methodical about the delaying some deprecation expense, that we are, essentially, taking our assets and asking some of the older -- well, asking the operators to try to do what they can to extend the life of existing assets that would otherwise maybe be replaced this year or next year or sometime in the next ten years, so that depreciation expense can be a little bit more constrained and we use those funds to accommodate this particular issue. And, then, finally, that we make adjustments today. Other influencers. If the permit is delayed or -- you know, that would have some sort of impact as well. Reduced technology costs, project synergies and timing and trading and offsets are all things that are way up in the air. We don't feel like the permit renewal delay is that up in the air. I mean we have been informed that November is our -- is our time frame and we have already gone through the process of negotiating a compliance schedule with DEQ. So, we feel fairly certain about that. But we don't know if technology costs are going to come down over the next five to ten years or not and if they do, great, the gap closes. Project synergies and timing, if we can do one project, incorporate the concept of another project at a reduced cost, you know, those types of things. And, then, trading and offsets, which are yet to be -- that is the one that is way up in the air, because we just don't know if the total maximum daily load or TMDL that's going to be generated for our region will even allow for trading and offsets. Of course, we are encouraging that heavily. So, we have done what we can to minimize this impact. We have done extensive modeling, both financial, both regulatory, both environmentally. We have been doing plans and studies for over two years now in our department. We have been continuing to do wastewater treatment upgrades, which is the reason, in part, that our Meridian City Council September 23, 2014 Page 14 of 37 cost is probably lower than many other wastewater treatment plants that are facing the same issue, because we got a head start and that we have also engaged with our regulatory stakeholders quite heavily and, finally, we have been financially positions and planning for this eventuality and that has all helped to minimize the impact. Going forward more will need to be done. Our proposal does show a 19 million dollar plus gap, so that's going to have to be addressed and hopefully it will address itself. If not, we will be managing through that. And, then, finally, if it doesn't address itself, like say, we will have to manage that when we get there. So, more may need to be done. Hopefully less. In any event, the goals of the Council when we first started down this track was to avoid debt. We have been able to successfully do that. Conduct extensive outreach. We have successfully done that I believe. Also involve impacted professional associations, I believe we have done that as well. We wanted to remain fiscally conservative, yet proactive. I believe we have also done that and that we didn't want to delay and I believe that we have been prudent on that point as well. So, the recommendation in final is, essentially, institute the sewer assessment fee increase of 676 dollars, which would take our sewer assessment fee from 2,749 to 3,425. We are proposing an effective date of January 1st, 2015, and the reason that is is to, essentially, give the developing community some time to adjust. We know that projects take a couple months sometimes to ramp up and financing is sometimes locked in well in advance of the actually deploying of the project and the first ground is turned. So, we feel like it's reasonable to give them, you know, three months or so to, essentially, prepare for this particular increase, should you decide to approve it. And, then, finally, just a reminder -- the Mayor has done a nice job, so I don't really need to give you this reminder, but we would ask that your -- you consider favorably continuing this hearing until October 7th, so the BCA representatives can comment and share whatever thoughts they have with you. So, I will stop there if there are any questions, comments, concerns, discussion. De Weerd: Thank you, Tom. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Nice presentation, Tom. But I do have one thing. Do you or Tracy have access to what our EPA standards was in 1990 or were we under a permit at that time? Barry: Councilman Bird, 1990 predates my time here, but Tracy, I believe may have been here in 1990, so he's -- he's probably the man to ask. Crane: Madam Mayor, Councilman Bird, we certainly were under a discharge permit in 1990. 1 could probably tell you what the -- a few of the limits are. I think there may have been an ammonia limit. Not sure. Definitely not phosphorus. Bird: There was a phosphorus limit? Was there a phosphorus limit? Meridian City Council September 23, 2014 Page 15 of 37 Crane: I don't believe so. I would have to go dig that permit up, but -- Bird: Our carpet did the job then? Crane: But nowhere near in the -- I will say this: I'm sure that it's not in the parts per billion range, because we weren't even thinking that we could test down that low back then. But I can get a copy of that permit to you. I'm sure that in a drawer somewhere we have it, but -- Bird: I would appreciate it. Crane: I would bet that we can find it somewhere in an archive. Bird: Thanks, Tracy. Appreciate it. Thanks, Tom. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Tom, in your rate cost comparison are those costs similar to the city's reflective of rates they may be considering to increase, or is that just what they have now? Barry: No, sir. That is just what -- what we understand to be what they have now and this data came from the BCA and is dated December of 2013. So -- Rountree: I would guess some of them with new permits are looking at increases. Barry: Yeah. We have had a few calls. I know Kuna and I believe Nampa are interested in reevaluating their sewer assessment fee and they have called us, because they have heard that we were going through that process. So, we have talked to them briefly about that, but I don't know how serious they are or what stage of the process, if any, they are in that. But, yes, these numbers are based upon that information we got from the BCA as of December of 2013. Rountree: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you, Tom. Very enlightening so far. A couple of questions about the EPA permits and you mentioned the renewal delay. We are currently under a renewal delay, although I guess you have the draft of it. If I understand correctly, we applied for that in something like 2007 -- Meridian City Council September 23, 2014 Page 16 of 37 Barry: 2004. Zaremba: 2004. Okay. So, when that arrives -- it's a five year permit; right? So, it's already expired? Barry: To answer your question, Councilman Zaremba, no. We actually are operating under a current NPDES permit. It is the 1999 permit, which has been administratively extended from 2004 to present. So, when we get the new permit it will start immediately when that goes to final and lasts for five years into the future. Zaremba: It's not already overdue? Barry: No, sir. Zaremba: So, then, the follow-up question to that would be how can we anticipate the delay on the next one? I mean this one will have an expiration date and even though just the -- the situation with the old permit -- we have made increased capacity in the sewage treatment plant and even though we have increased capacity and even though EPA extended the permit, they did not increase the capacity of the permit and so we have almost 50 percent unusable capacity out there, I'm sure our growth will start using that, but as we have discussed before, we have paperwork exceedances, we are not exceeding the capacity of the plant, but we have these paperwork issues. I guess what I'm looking at is years from now when this new coming permit -- we are going to run into the same plan. I mean we may have a capacity of 12 million gallons a day now and by then we will have a capacity of 18 million gallons a day, but the permit will still say 11 million gallons a day or something or -- what can we do with the EPA -- or do we have anything there to say when you give us an extension we need it to be a growth extension. Barry: Okay. So, Councilman Zaremba, you have asked a -- made several statements and asked several questions, so I hope I can get to them all. Zaremba: All right. Barry: So, first of all, the permit is a five year permit. However, in negotiating with the EPA this permit comes with a condition known as a compliance schedule, which is not uncommon for permits. So, the compliance schedule has a life of ten years. The permit has a life of five years. So, when we get this permit issued to us, we will be given both the permit and the ten year compliance schedule. The ten year compliance schedule, whether the permit expires or not, holds us accountable to the project we said we were going to do in order to meet the end outcome at the end of the ten year period, which is .07 milligrams per liter or 70 micrograms per liter of phosphorus and, then, all these other constituents. So, yes, is it possible they could delay again? Absolutely it is, but we will have another document, which will prevail, that says you said you were going to do these things over the next ten years insure in advance that we were going to get -- be able to get you in the second permit cycle at the end of that permit to the level that Meridian City Council September 23, 2014 Page 17 of 37 we need you and so we are going to sort of be stuck right out of the gate. So, I think it would be bad form and I know it would be a very bad bet to say, well, let's just go halfway and, then, wait for the next permit cycle. So, not -- not advise I'm giving. As it relates to -- so, that timing and compliance schedule, it relates to capacity. I just want to correct a statement that you have. We don't have 50 percent capacity left at the treatment plant. As a matter of fact, we have, quite frankly, exceeded our capacity on several occasions during the summer -- Bird: Yeah. Barry: -- of this year. The saving grace has been our reclaimed water program, which has offset or diverted the -- the flows that would otherwise have gone to the creek to another use, which has been largely irrigation demand. So, that has been a benefit to the city in that we have reduced the number of violations that we would otherwise have under the flow limit. Additionally, the new permit does not have a flow limit associated with it. In fact, the 1999 permit was one of the very few in this region that was ever given a flow limit. So, we are one of the only municipalities that was ever capped at a certain flow limit. That flow limit will go away and it gets converted to a load limit. So, what we are seeing here is that the strength of your wastewater versus the amount of your wastewater is what's really being measured here and when you look at our wastewater treatment plant from a hydraulic capacity standpoint or from a load capacity standpoint, the numbers are different, because we are being shifted to a load -based system and we looked at our wastewater treatment plant and said, okay, well, if that's the case what is the load capacity of the wastewater treatment plant. It's right around seven and a half million gallons per day. So, we are pretty close, which is why we are building in capacity and why this is such an important issue for us, because not only are the rules changing for constituents, but they are also being changed for the way that you measure those constituents. So, it's sort of a double whamming or triple whamming, depending on how many of these things you want to look at. So -- so, yeah, I think I addressed flow limit and, then, also capacity. So, I think I have got all your questions and statements addressed. Zaremba: Absolutely. Thank you. One other question. How does storm water throw a monkey wrench into this? We have had some events lately and Twin Falls certainly had an event and a couple of other places around have. Does that throw us all out of whack or is there some allowance for that? Barry: Well, I can't speak to the allowance, because that's an EPA jurisdictional decision and issue to address, but I can tell you that storm water does on occasion impact our wastewater treatment plant. You might recall last year we had a major storm move through August, September time of last year and the manholes were over topped and in some cases manhole lids were pulled open to allow storm water to drain into them to clear off roads. We have had that happen several times in the past. That adds a lot of capacity. In fact, we had over a million gallons enter the wastewater system over about a four hour period -- four or six our period or so and that topped the wastewater treatment plant flow limits and we had to report that as a violation, but it was Meridian City Council September 23, 2014 Page 18 of 37 an act of God, compounded by some human error by folks that aren't associated with our city, so, yes, storm water has an impact. Groundwater has an impact as well. De Weerd: So, just before you move on, is -- and it was our water, our treatment plant, and our parks department that rallied together that we only had one exceedance. I think -- Zaremba: Many of them working 24 hours a day and -- De Weerd: Yes. Very notable effort. Zaremba: -- that was very appreciated. De Weerd: So, I want to give kudos to our staff. I think they really avoided a major thing. Barry: You bet. That was -- that was an exciting time for many of us. So -- yes. So, the groundwater as well. Groundwater seeps into the -- into the pipes and the manhole where the pipes meet the manhole. I do know we have an aggressive INI or influent infiltration secession program and so far to date we have been able -- over the last several years to eliminate over a million gallons of in flow and infiltration. That's added capacity to the wastewater treatment plant. And that's from groundwater. So, it's not a single storm event, that's constant water in the summertime because of flood irrigation largely. A lot of irrigation that goes on and the groundwater table rises and, then, that water flows into our system. So, we have been sealing manhole lids. This is partly the benefit of having an aggressive sewer cleaning and sewer cameraing program for the city, because I will tell you what, the cost to gain that million gallons of capacity was pennies on the dollar for what I would have to ask you to invest in on a capital -- from a capital standpoint. So, we have time and time again shown efficiencies with the development of new programs and initiatives to try to efficiently and cost effectively bring down operational costs and synergies and that's just one good example. I appreciate the opportunity of being able to sort of highlight that. Zaremba: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Tom, never in a million years did I use the word fascinating to describe wastewater, but I have been fascinated with your presentation tonight. Can you go to the slide that had the illustrations of the particulates before, after. There we go. My question just isn't -- and this is just for my benefit of clarification. Are these same requirements that are being asked of Meridian the same requirements that will be asked of United Water and city of Nampa, our surrounding municipalities, are we being asked to do more than other areas or the same or less? Meridian City Council September 23, 2014 Page 19 of 37 Barry: Thank you for your question, Councilman Cavener. United Water is a drinking water utility, so they are out of the -- Cavener: Okay. Barry: We are dealing with just wastewater here. So, city of Boise would be the example on the east side. And, then, Nampa, of course, as you mentioned. Each jurisdiction is at a different level of capability when it comes to wastewater treatment technology. The City of Meridian's capabilities are slightly better and in some cases vastly better than other municipalities in and around the valley. For that reason -- and because of the way those systems work and were originally designed and are currently operated, we are not being asked to meet all of exactly the same types -- or I should say we are being -- the same types of constituents, yes, we are, essentially, being asked to meet the same type of constituents, but the compliance schedule and the limits are slightly different. So, they are -- I would say pretty well the same across most of the jurisdictions, like the City of Meridian having to meet these water quality requirements. But in some cases your bar might not be raised as high as Meridian's in the first five years, it might be raised somewhat high and, then, in the last years it's raised all the way to the top. Whereas ours is kind of raised halfway, if you will, and, then, all the way to the top. So, there are different approaches that the EPA is taking with different jurisdictions based upon their capabilities, their technologies, the treatment plant operation, those types of things. But for the most part, yes, the same types of rules are being applied to the City of Meridian as is the city of Boise as well. Now, there is some exceptions and that's to keep in mind that Nampa and Boise have different outfalls than the City of Meridian. We discharge to Five Mile Creek, they discharge -- Boise discharges to the Boise River and Nampa discharges to Indian Creek. Each of those water bodies has different targets, if you will, for different constituents. So, in that case there would be a variety -- or I should say a different approach in both constituents and levels. We are fortunate that we don't have some of the limits of some of the constituents on Five Mile that say Indian Creek and the city of Boise have. So, that's so far so good, but that's a change. So, it's sort of a -- I guess the short answer is sort of. You know, it depends. You know, depending on what you're looking at, where, what the out -- what the discharge is, what facility you're looking at. You know, its complexity and those types of things. Very difficult question to answer. Zaremba: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Tom, in clarity, all of us eventually discharge into the Boise River and we all have the same regulations off the Boise River regardless of what Five Mile Creek or Indian Creek or Mason Creek or any of them have. When it goes into Boise it's got to be at a certain level, am I not right? Meridian City Council September 23, 2014 Page 20 of 37 Barry: Well -- Bird: Tracy is saying no. Barry: Yeah. It -- it's another question like Councilman Cavener. It depends. Right? Bird: That's what -- yeah, that's what I understood it to -- Crane: Madam Mayor, Councilman Bird, the File Mile Creek actually has water quality standards set for it, too. And it actually has low flow. So, yes, there are limits that are set at the end of the mouth of the Boise River. In our case in Five Mile Creek we have a really low ammonia limit. A couple of reasons for that is pH and the low flow of the creek. So, there is still water quality limits that are in place in the receiving stream at any segment of the receiving stream. So, you can't make the argument that, oh, everybody should be the same at the end, because -- Bird: No. No. I'm not -- Crane: -- you could have noncompliance in between in the steam segment, because the Boise River flow increases as it flows through the valley as you get down, so you might get some dilution, but if you're way up high in the Boise River and you have higher, you can have segments of the stream that doesn't meet those water quality limits. So, it's actually very complicated. They look at each discharge point and we use all the historical data that they can find, they plug it into what's called a reasonable potential spreadsheet model that the federal government laws say they do, and there is not a lot of gray area there. Their spreadsheets are set forth by the clean water -- the Clean Water Act. The data gets plugged in and they spit out numbers that say in this particular point source discharge in that stretch that's what the reasonable potential for exceedance of the limits -- of the water quality standards are and that's how they back you into your discharge limit. So, maybe that's a simple way of explaining a really complex process, but it is site specific. We have two discharges, two separate sets of criteria. Some are tougher in one water body, some are tougher in the other water body and it's all dependent on the data that's been used, that's been collected from both our plant and the ambient -- the water quality sampling in that stretch of the stream. So, it's been a couple years of discussing this with EPA to understand it and I still don't -- but in the end it's -- you don't -- may not like what the numbers come out to be, but there is not a lot you can do to argue with the data that's populated into it. Bird: What I want to point out is -- is we are sending as good of water or better to the Boise -- as what Boise is discharging in. I mean we -- we can't have lower standards going into Five Mile Creek -- Crane: We can for ammonia, because ammonia is a much smaller stream. So, everybody is getting the 70 in -stream microgram for phosphorus, but we can for ammonia, because it's a much smaller stream and, actually, ammonia gets more -- it's a Meridian City Council September 23, 2014 Page 21 of 37 little more toxic to aquatic organisms the higher the pH is and, unfortunately, Five Mile Creek has a pH of around eight. The higher the pH goes up the lower the ammonia can be for whatever kind of aquatic life they have decided is in there. It looks like mostly guppies to me, but I think it's actually rated as cold water biota, whatever that means. You could probably look that up. But, essentially, that's the ammonia target. So, we can actually have lower limits at that discharge point because of the low stream flow and the pH of the receiving water itself. Even though when it finally gets to the Boise there is more dilution and you still have the same loads going through the watershed, it's the path that the water takes through the watershed that can dictate what the limits are. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, since these are so site specific, what are the chances of it changing over the course of five, ten years that -- the requirements -- well, if the creek changes -- if things change they are major. Crane: Yeah. And so part of this permit over the ten years we are required to gather copious amounts of data constantly. So, we are going to be set for ten years and the reason is because the limits that they want to apply we can't meet today, so we would be in violation every single day until we can meet it. So, they give us ten years to meet that. That's what's going to bind us to the work that we have to do and that's going to be set. We are going to have to do that. During that ten years we are going to gather an enormous amount of data, which will go back into populating all these spreadsheets every time they come around for permit removal, which will go back into recalculating all of the limits. So, hopefully, the -- everybody is going to be gathering up much more data than we have in the past, to Boise, Meridian, Caldwell, us. So, there should be much better data the next permit cycle around. But everybody is using the data we have now and that's what the spreadsheets say. So, hopefully, that makes sense. They are hoping to build that into this ten years, so that if there are major changes it gets captured, gets put into the spreadsheets and in the meantime we have to improve our treatment plants to get to the lower constituents as well and, again, we will go and populate all the tables and -- De Weerd: And testing and recordkeeping and -- Crane: Oh, an enormous amount of testing. De Weerd: Yeah. Crane: The testing is almost -- well, you guys, you know, have supported us in the building of the new lab and adding lab staff, but it's going to quadruple their test load. The day it goes into effect we have to start doing all of that water quality testing. And, then, EPA used to do it for only two years and, then, they let you stop and that was Meridian City Council September 23, 2014 Page 22 of 37 supposed to gather all the data. Well, that become a real problem when they didn't renew the permit for 15 years. Now all the data is really old, we don't have a bunch, what are we going to do. We are all not happy that the data is not -- you know, it could be better. So, they removed the two year requirement. We get to do it in perpetuity to make sure that that data is going to exist whenever they get around to renewing the discharge permit. De Weerd: Wow. Bird: Thanks, Trace. Crane: You bet. De Weerd: Any other questions to boggle the mind? Thank you, Tom. Barry: You bet. Thank you. I appreciate it. De Weerd: This is a public hearing. Is there anyone here that would like to offer testimony on this item 7-C? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we continue the public hearing on the proposed sewer connection fee increases -- Milam: Second. Bird: --to -- Milam: Oh. Sorry. Bird: -- to October 7th -- Milam: Second. Bird: -- 2014. Milam: Oh. Twice. De Weerd: I have a motion and 1 have had a couple of seconds by the same person, so will count it -- to continue Item 7-C to October 7th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council September 23, 2014 Page 23 of 37 Item 8: Department Reports A. Mayor's Office: Renewal of Emergency Medical Services Joint Powers Agreement De Weerd: Okay. Thank you. Under Department Reports, Council, you do have in your packet a renewal of the Emergency Medical Service Joint Powers Agreement, which is the EMS -JPA. This is just a letter to extend our agreement for this another year and if you have any questions for Mr. Attorney or myself we would certainly stand to answer them. I will tell you that the EMS -JPA has gone a long way to find better efficiencies and maximize the resources that our fire -- or our EMS medical services do provide with the medical service provider, with purchasing, and the beginning with the training aspects. So, we are excited with what we have seen in the short amount of time of this -- this agreement and look forward to seeing the continued progress over this next year. If there are no questions I would entertain a motion to approve this, sign it -- Mr. Nary. Nary: Madam Mayor, Members of the Council, yeah, the motion is simply to move to approve the continuation for another year. We will prepare a letter for the Mayor's signature to finalize that with the EMS -JPA. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I know we had some discussion about this when we originally approved it. I would be more comfortable acting on this with a presentation on what the accomplishments have been, what -- what -- what the future plans are. What the benefits have been seen. You have run down a couple. What's the sense within the emergency medical services community be it fire and/or police and/or other emergency responders before I would be comfortable with -- I'm not uncomfortable with extending it, but I would like to have that information to say, okay, I do now know it's working, here is why it's working and I can -- I can vote a conscious that way. Just to accept it blanketly -- that's kind of how we did it the first time, because it was new. There was some reservation -- a little bit. Anyway, that's -- that's where I am on this particular item. I'd really like to see -- and I don't know -- I don't even know how it's organized. Is there a -- is there a city or -- I know the county supposedly has the oversight, but is there a person that kind of oversees all this and manages it and directs it and can come and say -- you know, give us a ten minute overview, oversight of what's gone on and what it is they are doing and what it is they plan on doing. De Weerd: Mr. Rountree, the county's role is only in taking minutes. It hasn't been -- we do have an administrative group of staff that has I think three different subcommittees and the medical services, the training -- okay, Perry, do you -- can you answer it -- well, what I would appreciate is if we could get action to ask staff to draw us Meridian City Council September 23, 2014 Page 24 of 37 a letter and authorize myself to sign, I will ask Chief Doan with the Ada County EMS, who is now the chair of the administrative committee to come in and give an overview. Certainly those of us that are part of the EMS -JPA executive committee, which I chair, are certainly privy to that. We do pass on the minutes for, for your information, that has outlined some of the positive steps and accomplishments -- and particular the medical director in -- as a whole has made all of the agencies on the same set of medical protocols or standards. So, that's been a big one. Meridian has participated in the purchasing -- showing how we can get better purchasing power with doing in together as -- as agencies. So, certainly we can get Chief Doan to come in or even -- okay. Who is the Ada County -- Palmer: Chief Jones. De Weerd: No. Palmer: Chief Jones is one of our -- De Weerd: The EMS -- Palmer: Oh. Darby. De Weerd: Darby. Darby is the chair of the administrative group and so we can ask -- Rountree: That would be good. De Weerd: -- him to come in. Rountree: I'd like to hear that. Zaremba: Madam Mayor? Bird: Madam Mayor? De Weerd: Mr. Zaremba. Bird: Go ahead. Zaremba: I just would like to support that idea. When we first were talking about it it had some innovations to it and some ideas that we thought at the time would be good ideas. I think a report on how has it gone for this first year -- and the thought was if it goes well we would use that kind of a JPA as a template for other things that we would do. So, I think that's a good question. Could we have a report that says how has it gone. De Weerd: Thank you. Certainly. Mr. Bird. Meridian City Council September 23, 2014 Page 25 of 37 Bird: I agree that -- and we were supposed to have one back and it was our fault for not following through and making sure it did happen, but now we have got -- we have got you on tape saying that it will happen. So, with that I -- I would move that we will draft a letter to renew the Emergency Management Joint Powers Agreement and for the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: We will try and get it within this next month. Bird: Good. B. Resolution No. 14-1020: A Resolution Of The Mayor And The City Council Of The City Of Meridian Appointing Calvin Barrett To Seat 2 Of The Meridian Development Corporation De Weerd: Okay. Item 8-B is Resolution 14-1020. Council, this is a resolution re -- or appointing Calvin Barrett to Seat 2 of the Meridian Development Corporation. Calvin -- his letter is in your packets, but he is a former president of the board for the Chamber of Commerce. Has been on our steering committee for economic development and co- chairs the chamber's economic development committee and has been very active in trying to assist in improving communications between all parties and setting direction for the downtown redevelopment. So, I am very honored to bring his name for your confirmation and would stand for any questions. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-13, Resolution 14-1020, appointing Calvin to MDC and I would personally endorse Calvin with that motion. Milam: Second. Zaremba: Second. Meridian City Council September 23, 2014 Page 26 of 37 De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Works: Budget Amendment for FY2015 in the Amount of $360,000.00 for the Well 21 Iron and Manganese Treatment Facility De Weerd: Thank you so much. Item 8-C is under our Public Works Department. I will turn this over to Warren. Stewart: Thank you. Excuse me. Thank you, Madam Mayor, Members of the Council. Tonight I'm seeking approval for a budget amendment for 2015 in the amount of 360,000 dollars for the completion of the Well 21 iron and manganese, excuse me, treatment facility. A couple things that have contributed to the need for this budget amendment. Initially when the project estimates or estimates for -- the budgetary estimates for this project were done they were based on a similar project that United Water had done about five years ago and we tried to make some adjustments for those, but, obviously, a lot has changed between now and then. We also in the first initial pilot study for the technology which we needed to use for this, discovered that the water chemistry associated with Well 21 was not compatible with the original plan for the type of treatment we were going to use, so we had to go back to the drawing board and do some pilot testing on a different type of treatment facility, which ate up some of the budget that we had. We have recently bid this project out. We now have a contract, which you will see as the next item on the agenda for this work and need this additional funds in order to complete the work and all the associated inspection and everything else associated with it and with that I would stand for any questions that you may have. Bird: Madam Mayor? De Weerd: So, Warren, are you in a race to be the first to get a budget amendment for a fiscal year we are not even entered into? Steward: Not a race, Madam Mayor, Members of the Council, but we are certainly -- you know, we had hoped that the funding that we had available would allow us to go ahead and move forward with -- obviously, it has not and we have already bid the project. We would like to award the bid as soon as we can after the start of the year and get the contactor, who was the low bidder moving forward. It's also -- in part this is not a small project and so the work that needs to be done is going to take the better part Meridian City Council September 23, 2014 Page 27 of 37 of 2015 to do, so we would like to get an early start, make sure that we can execute on those funds. De Weerd: I think this is a first. Mr. Bird. Bird: In 17 years it's definitely the first for me, but, Warren, what is this iron and manganese removal treatment? What we are doing? Stewart: Madam Mayor, Councilman Bird, several of the wells within the City of Meridian -- the deeper wells have iron and manganese that is in solution. When we bring -- bring that water up from deep down in the aquifer and bring it to the surface, we have to hit it with chlorine in order to provide the required disinfection in our distribution system. The minute you hit it with that chlorine there is an oxidation process that takes place and iron and manganese particles essentially precipitate out of the water and become solid form. These particles can stain faucets and sinks and tubs, they can actually stain laundry and they are a nuisance. Bird: That's right. Stewart: The EPA does not have a -- they have what they call a secondary requirement for that. In other words, it's not mandated that these things be removed. They don't necessarily pose a great public health threat, but they are certainly not desirable from a customer standpoint and we had quite a few complaints from customers about this. In fact, we have even had some claims on the city for staining and things that have happened in some laundry facilities and so forth. So, a number of years ago we had came and met with you about this issue and received direction to move forward with, essentially, some projects to provide filtration for -- excuse me -- to remove the iron and manganese and this Well 21 we have been working diligently to, you know, go through this piloting process to determine which type of technology to use. We are now at a point we are ready to go ahead and build the first one of these facilities and that's where we are at. It's really an effort to improve water quality throughout the City of Meridian and address a problem with, essentially, discolored water. The discolored water also has some taste issues with it as well. It's not exactly the tastiest water in the city. Not a health threat, but definitely one of those things from a customer service standpoint we would like to improve upon. Bird: You have never drank iron water that could stand by itself like I have, but -- anyway. De Weerd: Why were you drinking it? Bird: That's the only thing we had. Anyway, what -- are we putting in a new facility or is it just -- is it just the equipment that -- that's coming to 587,000 dollars? Stewart: Madam Mayor, Councilman Bird, actually we will have to more than double the size of the well house -- Meridian City Council September 23, 2014 Page 28 of 37 Bird: That's what I was -- okay. Stewart: -- in order to accommodate it. Bird: You just answered my question. Stewart: So, there is going to be a building that's going to have to be done. There is going to have to be a flush line for the backwash and, then, the equipment as well. Bird: You just answered my question. That's what I was asking, if we had to put in a new facility. Thank you, Warren. Stewart: Uh-huh. You're welcome. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Just more of a procedural question. Warren, I notice on the budget amendment sheet it's not signed by your Council liaison. Is there any reason for that? Stewart: I don't have an answer for that, to be quite honest with you. Holman: Madam Mayor? Council Member Cavener, Members of the Council, it has been signed. A lot of times these have to go through four or five -- several signatures before they come to us. So, when we have agenda manager wanting our signatures that we check it all before it actually comes to the Council meeting. So, we probably got it yesterday or today, so -- Cavener: All right. Thank you. De Weerd: Okay. Any other questions on this item? No? Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve budget amendment for fiscal year 2015 in the amount of 360,000 dollars for the Public Works. Cavener: Second. De Weerd: I have a motion and a second and let the record -- put an exclamation mark behind who made the motion. If there is no discussion, Madam Clerk, will you call roll. Meridian City Council September 23, 2014 Page 29 of 37 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Works: Approval of Award of Bid and Agreement to Sletten Construction Company for the "WELL 21 IRON AND MANGANESE REMOVAL/TREATMENT FACILITY" Project for a Not -To -Exceed Amount of $587,100.00 De Weerd: Okay. Item 8-D has been covered fairly well under the previous item. Anything you want to add to that? Stewart: Madam Mayor, Members of the Council, it's simply the award of the contract for the -- the contractor for this work. They won't be starting until after 2015 and when the money is made available. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, how was the bids? It was -- is this quite low or were they all pretty close? How many bidders did you have? Stewart: Councilman Bird, I am not sure. This was actually a project that was managed by Clint Worthington and I do not know how -- I know we had multiple bidders. I don't know how many. And this was the low bidder. I don't -- there was -- you know, in my conversations with Clint he did not indicate that this was an extremely low bid or that we had questions or concerns with regards to the validity of the bid. Bird: And I understand -- I understand that, but I wished that we -- we would get that information on each contract like we used to, who bid it and what was the bids. Stewart: Councilman Bird -- I'm sorry. Madam Mayor and Councilman Bird. It was -- the clerk had the information. We do collect it each time. There was actually six bidders. The bids ranged, essentially, from 587,000 to 966. Bird: What was your second low? Stewart: Second low was -- it looks like 669. Or 696. Bird: Six ninety-six? Stewart: A hundred thousand dollars difference. Meridian City Council September 23, 2014 Page 30 of 37 Rountree: They left a hundred thousand dollars on the table. Bird: Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: No more questions, I move that we approve the contract with Sletten Construction for the sum of not to exceed 587,100 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D and the second was by Mr. Rountree. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Legal Department: Memorandum of Understanding to Extend the Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 De Weerd: Item 8-E is under our Legal Department. I will turn this over to our city attorney. Nary: Thank you, Madam Mayor, Members the Council. We have in front of you a memorandum of understanding to extend the current collective bargaining agreement between the city and the Meridian Firefighters Local 4627. We have been in negotiations since June 3rd for our new agreement. We are very close. In fact, we anticipate tomorrow to finalize all of the articles and changes that we would be proposing for the next two years. But the contract expires next Tuesday. They won't have a meeting until next Wednesday to ratify those conditions that we have agreed to and, therefore, wouldn't come back to you until October 7th. So, rather than having a gap and just retroing it back, we would like to just continue it for that time period, so we can finalize this agreement. I would stand for any questions. De Weerd: Council, do you have any questions? Bird: I have none. Milam: Madam Mayor? Meridian City Council September 23, 2014 Page 31 of 37 De Weerd: Okay. Milam: I move that we create an MOU to extend the collective labor agreement between the City of Meridian and the Meridian Firefighters IAFF Local 4627. Rountree: Second. De Weerd: I have a motion and a second. Any discussion from Council? Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, before -- Item F, I have had some contact with counsel for Meridian Heights on this while we have been in this meeting and they have asked if we could amend the agenda and add an executive session to have a short discussion before we come back on the agenda to discuss Item F and they are finishing their meeting and should be here shortly. So, if the Council wouldn't mind making a motion to that extent. What you need to do, since we don't do this very much, once the meeting started the motion would be to amend the agenda -- the good faith reason, which is required by statute, is you now have new information that you need to discuss that we didn't know prior to the meeting tonight and, then, the section is 67-2345(1)(d). Rountree: Do the ordinances first. De Weerd: Okay. I will go ahead and do the reading of the ordinances and -- Nary: That would be great. Thank you. Rountree: I guess there is just one. Item 9: Ordinances A. Ordinance No. 14-1624: RZ 14-005 Southridge Commercial: An Ordinance for the Re -zone of a Parcel of Land Located Southwest Corner of S. Linder Road and W. Overland Road of 7.41 +/- acres from TN -C to the C -C Zoning District Meridian City Council September 23, 2014 Page 32 of 37 De Weerd: Okay. Madam Clerk, I will move to 9-A and ask that you read Ordinance 14-1624 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1624, an ordinance RZ 14-005, Southridge Commercial, for the rezone of a parcel of land situated in a portion of the northeast quarter of Section 23, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada County, Idaho. Establishing and determining the land use zoning classification of TN -C, Traditional Neighborhood Commercial Zoning District, to C -C, Community Business Zoning District, in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve 9-A, Ordinance No. 14-1624 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we have had new information come on subject 8-F, the Legal Department, I would move that we go into Executive Session as per Idaho State Code 67-2345(1)(d). Milam: Second. Meridian City Council September 23, 2014 Page 33 of 37 De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please -- actually, aren't we supposed to amend the agenda? Nary: Yeah. I'm sorry, Madam Mayor. You first need to move to amend the agenda and, then, you need to move to go into Executive Session. I apologize. De Weerd: I almost -- Bird: Okay. I remove my motion. De Weerd: Okay. Thank you. Item 11: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With the rest of the Council's permission, I would move that we amend the agenda to add an Executive Session because of more information received on an item. Milam: Second. De Weerd: And the information was after the beginning of the -- the start of the meeting. Bird: After the beginning. Yeah. De Weerd: Okay. I have a motion and a second to amend that agenda -- agenda for an Executive Session pertaining to 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk. Meridian City Council September 23, 2014 Page 34 of 37 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (7:24 p.m. to 7:52 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Department Reports F. Legal Department: Discussion and Approval of Addendum to Meridian Heights Water and Sewer Agreement De Weerd: Item 8-F, Mr. Nary, do you have anything on this item? Nary: Madam Mayor, Members of the Council, we have signed agreement now with the Meridian Heights Water and Sewer District, so the clerk has those ready to move forward, ready for your signatures. De Weerd: Council, any questions for counsel at this point? Bird: I have none. De Weerd: Okay. Do I have motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I guess I will. I move that we approve the agreement with the Meridian Heights -- right? Is that right, Bill? Nary: Addendum to the Meridian Heights Water and Sewer -- Meridian City Council September 23, 2014 Page 35 of 37 Bird: The addendum to the Meridian Heights agreement. Nary: Yes. Milam: Second. Rountree: Second. De Weerd: I have a motion and a second by Council Woman Milam. Discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: And the Council for Meridian Heights is here. We do need to accept the revenue anticipation note that's part of the agreement. Do you want that in a separate motion or is the agreement acceptance itself sufficient? Counsel: Madam Mayor, Council, Mr. Nary, the -- we would like -- as bond counsel would like the City Council to, in a separate motion, accept the revenue anticipation note as has been issued and submitted to you by the district. By the Meridian Heights Water and Sewer District. Nary: So, we can do that subsequent. Bird: Okay. Nary: It's part of that agreement, so it still falls under the same item. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to include in the current motion the Mayor to sign and the Clerk to attest? Bird: Sure. De Weerd: Sure. It's assumed, but -- Zaremba: Okay. Bird: No. That's fine. I apologize. De Weerd: Does the second agree? Meridian City Council September 23, 2014 Page 36 of 37 Milam: Second agrees. De Weerd: Madam Clerk, will you, please, call roll. Rolls Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Now, the next motion we need for -- Nary: Next motion is pursuant to that addendum that you're going to accept the revenue anticipation note that has been issued by Meridian Heights to the city. De Weerd: What he said. Milam: What he said. Bird: I make a motion that you take that off the minutes verbatim from the attorney and that we accept it as a counsel. Milam: Second. Rountree: Second. De Weerd: Okay. I have a motion and a second. I think the second was trying to figure what they were seconding. Second by Mr. Rountree. Any discussion from Council? Okay. Madam Clerk. Rolls Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Item No. 10. Council anything for Future Meeting Topics? Rountree: I have none. De Weerd: Okay. Meridian City Council September 23, 2014 Page 37 of 37 Bird: The only thing I got is what we -- we will have the EMS -- De Weerd: JPA. Bird: GPA. De Weerd: JPA. Rountree: JPA. Bird: -- back in October to update us. De Weerd: Yes. Thank you. Rountree: Very good. De Weerd: Okay. I would entertain a motion to adjourn. Rountree: So moved. Milam: So moved. Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) o Tim-rAMMr`r' vE `"'wvt-E4�DATE APPROVED C 4,y, ,% JL -�-o LJL -t , AT EST: ,T,.DATUC, , Jay~ 1 If JAYCEE OLMAN, CITY CLE t/ 'TDIAN�6-- IDAHO m F,T a 4 dp of h, Changes to Agenda: The applicant has requested item PB: Spurwing Challenge Vacation application (VAC -14-004) to be withdrawn, DATE: September 23, 2014 IT NUMBER: 5A PROJECT NUMBER: ITEM TITLE: SEWER AND WATER EASEMENT Sewer and Water Main Easement for McLinder Subdivision No. I MEETMG ROTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2014-077984 BOISE IDAHO Pgs=10 BONNIE 09/24/201402:26 PM MERIDIAN CITY NO FEE II' III I I 11111111111111111111111111111111111111111 00024397201400779840100108 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this "day of 0 B between , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signa�ures the day and year first herein above written. DEVELOPMENT, L.L.C. Tfiom s M levan, Jr., Managing Member Address STATE OF IDAHO ) . ss. County of Ada ) On this day of 1" i , 20 -LL, before me, the undersigned, a Notary Public in and for said State, personally appeared %t 'r� _ , known or identified to me to be the Managing Member of the L.L.C. that executed the within instrument, and acknowledged to me that such L.L.C. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first ab,Q,yq,,,Written. e (SEAL)--- TA,, NOTAR LIC F`61 6AHO Residing at: „ 44 ") tG Commission Expires":-'`� B 08 L OF, gt q'. 0 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy erd, Mayor Attest bJ cee L. Holman, City Clerk Approved By City Council On: q 1 (' STATE OF IDAHO, ) ss County of Ada ) VA c` . On this day of � i l� , 20 �—, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. k a y (SEAL) NR ARY PUB C FOR IDAHO Residing at: l VA Commission Expires: 1, Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc 77— Sawtooth Land Surveying, LLC P: (208) 398-8104 F: (208) 398-8105 Rt I 101 Canal 9t„ Emmett, ID 83617 May 9, 2014 EXHIBIT A McLinder Subdivision Water and Sewer Easement Description A portion of the NW1/4 of Section 36, T. 4 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking the northwest corner of said Section 36; Thence South 89°24'32" East, coincident with the North line of said section 36, a distance of 100.08 feet; Thence South 0°41'06" West, 25.00 feet to the southerly right of way line of W. McMillan Rd., and the easterly right of way line of N. Linder Rd.; Thence South 45'24'12" West, coincident with said easterly right of way line of N. Linder Rd., 70.44 feet; Thence South 0'14'44" West, coincident with said easterly right of way line of N. Linder Rd., 104.72 feet; Thence South 7'22'12" West, coincident with said easterly right of way line of N. Linder Rd., 96.75 feet; Thence South 0°14'44" West, coincident with said easterly right of way line of N. Linder Rd., 374.50 feet to the northerly right of way line of W. Ann Taylor St.; Thence South 44°52'56" East, coincident with said northerly right of way line of W. Ann Taylor St., 28.22 feet; Thence North 89°59'26" East, coincident with said northerly right of way line of W. Ann Taylor St., 116.06 feet to the POINT OF BEGINNING; Thence North 65°56'04" East, 22.60 feet; Thence North 0°33'42" East, 83.63 feet; Thence North 89'26'18" West, 8.00 feet; Thence North 0033'42" East, 10.00 feet; Thence South 89'26'18" East, 8.00 feet; .\2014\14020-MCLINBER SIZE\Drawings\Descript1ons\14020-WATER AND SEWER EASEMENT.doex aj0(" 11 Thence North 0°33'42" East, 152.09 feet; Thence North 89'26'18" West, 8.00 feet; Thence North 0°33'42" East, 15.00 feet; Thence South 89'26'18" East, 8.00 feet; Thence North 0°33'42" East, 218.91 feet; Thence South 89'26'18" East, 30.00 feet; Thence South 0°33'42" West, 106.50 feet; Thence South 89'26'18" East, 5.00 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 5.00 feet; Thence South 0°33'42" West, 70.00 feet; Thence South 89'26'18" East, 27.50 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 27.50 feet; Thence South 0°3342" West, 70.00 feet; Thence South 89'26'18" East, 27.50 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 27.50 feet; Thence South 0°33'42" West, 105.50 feet; Thence South 89'26'18" East, 75.50 feet; Thence North 0°33'42" East, 7.00 feet; Thence South 89'26'18" East, 10.00 feet; Thence South 0°33'42" West, 7.00 feet; Thence South 89'26'18" East, 29.00 feet; Thence North 0°33'42" East, 221.00 feet; r' :12014114020-MCLINDER SUMDrawingsMescriptions114020-WATER AND SEWER EASEMENT.docx i' ;r3 q 4:', 12 Thence South 89126'18" East, 23.00 feet; Thence North 0°33'42" East, 26.00 feet; Thence South 89026'18" East, 10.00 feet; Thence South 0°33'42" West, 26.00 feet; Thence South 89126'18" East, 81.00 feet; Thence North 0°33'42" East, 26.00 feet; Thence South 89'26'18" East, 10.00 feet; Thence South 0133'42" West, 26.00 feet; Thence South 89126'18" East, 60.00 feet; Thence North 0°33'42" East, 26.00 feet; Thence South 89'26'18" East, 20.00 feet; Thence South 0°33'42" West, 26.00 feet; Thence South 89'26'18" East, 65.00 feet; Thence North 0°33'42" East, 129.00 feet; Thence South 89'26'18" East, 30.00 feet; Thence South 0°33'42" West, 74.50 feet; Thence South 89'26'18" East, 7.00 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 7.00 feet; Thence South 0°33'42" West, 44.50 feet; Thence South 89'26'18" East, 50.15 feet; Thence North 32°03'05" East, 38.01 feet; Thence South 57°56'55" East, 15.00 feet; Thence South 32°03'05" West, 46.36 feet; Thence South 0°33'42" West, 26.04 feet; ,\2014\14020-MCLIND ER SUS\Drawings\Descriptions\14020-WATER AND SEWER EASEMENT.docx r> � n 13 Thence South 89'26'18" East, 34.00 feet; Thence South 0°33'42" West, 20.00 feet; Thence North 89'26'18" West, 34.00 feet; Thence South 0°33'42" West, 113.00 feet; Thence North 89'26'18" West, 90.58 feet; Thence South 0°33'42" West, 87.70 feet; Thence South 52°36'42" East, 48.07 feet to the beginning of a non -tangent curve; Thence 20.16 feet along the arc of said curve to the left, with a central angle of 5107'57", a radius of 225.00 feet, subtended by a chord bearing South 30'25'14" West, 20.15 feet; Thence North 52°36'42" West, 56.70 feet; Thence North 89'26'18" West, 44.06 feet; Thence North 0°33'42" East, 10.00 feet; Thence South 89'26'18" East, 31.00 feet; Thence North 0°33'42" East, 60.02 feet; Thence North 89'26'18" West, 3 1. 00 feet; Thence North 0°33'42" East, 20.00 feet; Thence South 89'26'18" East, 31.00 feet; Thence North 0°33'42" East, 153.98 feet; Thence North 89126'l 8" West, 69.12 feet; Thence South 0°3342" West, 31.00 feet; Thence North 89'26'18" West, 10.00 feet; Thence North 0°33'42" East, 31.00 feet; Thence North 89'26'18" West, 121.87 feet; Thence South 0°33'42" West, 14.00 feet; Thence North 89'26'18" West, 6.00 feet; :\2014\14020-MCLINDER SUB\Drawings\Descriptions\14020-WATER AND SEWER EASEMENT.doex E, <i cj ,, 14 Thence South 0133'42" West, 11.00 feet; Thence South 89'26'18" East, 26.00 feet; Thence South 0°33'42" West, 10.00 feet; Thence North 89'26'18" West, 26.00 feet; Thence South 0°33'42" West, 114.00 feet; Thence South 89'26'18" East, 26.00 feet; Thence South 0°33'42" West, 15.00 feet; Thence North 89'26'18" West, 26.00 feet; Thence South 0°34'07" West, 77.00 feet; Thence South 89'26'18" East, 26.00 feet; Thence South 0°3342" West, 10.00 feet; Thence North 89026'18" West, 46.00 feet; Thence North 0°33'42" East, 30.00 feet; Thence North 89'26'18" West, 124.50 feet; Thence South 0°33'42" West, 49.50 feet; Thence South 89126'18" East, 10.00 feet; Thence South 0°3342" West, 10.00 feet; Thence North 89'26'18" West, 10.00 feet; Thence South 0°33'42" West, 17.04 feet; Thence North 89°59'26" West, 50.54 feet to the POINT GE BEGINNING; The above described parcel contains 1.53 acres more or less. Together with and subject to covenants, easements and restrictions of record. EXCEPTING THEREFROM: A portion of the NW 1/4 of Section 36, T. 4 N., R. 1 W., E.M., City of Meridian, Ada County, Idaho, more particularly described as follows: ';\2014\14020-MCLINDER SUS\Drawings\Descr1ptions\14020-WATER AND SEWER EASEMENT.docx P"'�(e15 COMMENCING at an aluminum cap marking the northwest corner of said Section 36; Thence South 0114'44" West, coincident with the west line of said Section 36, a distance of 370.89 feet; Thence South 89"26' 18" East, 597.69 feet to the P®INT OF BEGINNING; Thence continuing South 89'26'18" East, 80.58 feet; Thence South 0°3342" West, 41.00 feet; Thence North 89'26'18" West, 15.00 feet; Thence South 0033'42" West, 10.00 feet; Thence South 89126'18" East, 15.00 feet; Thence South 0133'42" West, 73.00 feet; Thence North 89'26'18" West, 80.58 feet; Thence North 0°33'42" East, 124.00 feet to the POINT OF BEGINNING. End Description ':\2014\14020-MCLINDER SUE\Draw1ngs\Descr1pt1ons\14020-WATER AND SEWER EASEMENT.docx r �6 26 125 35 136 0 w W. McMILLAN RD. ryp�ob tp`ry°// 49 I PAI �I �CI zl I L� I I I i I I i I LINE TABLE PROJECT, MCLINDER SUB, NO. 1 CITY OF MERIDIAN WATER AND SEWER EASEMENT TS DEVELOPMENT 5/9/2014 I NTS DWG # PROJECT# 14020 4�d•-knr� 44C SHEET WWIM.SAWTOOTHLS,COM 1 OF 1 L1 `I i I I �i i I i L69 Ley ( !g Id.— I s 69120'10"E j LLae f—L71 I +0wcs* I 099.60' — � . _ . _ --------- ��—' —� ' � 't^ I �I LPJ j I Oj � I I dko Lsq j r iib J I9 i j j i$ $Lia i ��[ra3as[���� i �?s �az�•na���a NW A PART j ■�� c! c ttr-ire �� L7 c[:+�?m[� �+3� l�t`fi7�r<Y� Y��I.EL�F��'7F[YY3�'7�3�Y i p I LL o�- L26 I u6 j rT4i' , -Etr._.�J IJ � i l K. [SFS ��t4• �>�� m rr�-�aicsir� �xi�y CURVE TABLE W. ANN TAYLOR ST. u LEN@rii a eaacLE ws c� raa LE Ct ,1 50967 2 .00 5 J0' 1b W 0.15 LF�E�ZF7�3©�:�XF�(�rF�� rT•s�7yii�l�!5� ®II i�[drC7�Cyty7� Q�c]ff3©�r��7 ®CL'2 �YF�� �3i 1�r7 F3F�I7mi� Imo- �3� Q�:�i3�3C� �T3� 15i� Q_r�{CiiG7 mgt �i� Qi•}�S[Ilii� �Z� lT'� �*[ s7zY41irf �]i mw a [4•� y��E 'tax[ a WL ff m EZ:12Yf3©r�nr7� 0 E3:r�IYGlC� �E�i [x�7C[�SSCfl1[��� I■_-L� E3lfiflY��E:�7 ■xb7�YE�7�!]i0Qrr"�3RSi��.3r [��crfaxa�n�rol�; E�Cfli:7mI7C]�ITS• �E��r Y�1mt.T.�i �alcrar^rmr>< Q:� aSl• CT�axiiC7 [:I:i F�ICYit i �Fi x;r � �Y� m �3i� Ft 771ir.Y�l �IC.7i �: j� �SF� �ax[][4• 2x10 Q�rs�r'i s9.a:.y LS7 E3•'l7.]LT.Y�7 �i m EI'fiY S 11'7 iET'E�_xl OEM PROJECT, MCLINDER SUB, NO. 1 CITY OF MERIDIAN WATER AND SEWER EASEMENT TS DEVELOPMENT 5/9/2014 I NTS DWG # PROJECT# 14020 4�d•-knr� 44C SHEET WWIM.SAWTOOTHLS,COM 1 OF 1 L1 `I i I I �i i PROJECT, MCLINDER SUB, NO. 1 CITY OF MERIDIAN WATER AND SEWER EASEMENT TS DEVELOPMENT 5/9/2014 I NTS DWG # PROJECT# 14020 4�d•-knr� 44C SHEET WWIM.SAWTOOTHLS,COM 1 OF 1 L95 I I i L69 Ley ( !g Id.— I s 69120'10"E j LLae f—L71 I +0wcs* I 099.60' — � . _ . _ --------- ��—' —� ' � 't^ I �I LPJ j I Oj � I I dko Lsq j r iib J I9 i j j i$ $Lia i i �?s NW A PART j i p I LL o�- L26 I u6 j rT4i' , -Etr._.�J IJ � i l K. N 6989'26' E 116.x' Eft 54' CURVE TABLE W. ANN TAYLOR ST. u LEN@rii a eaacLE ws c� raa LE Ct ,1 50967 2 .00 5 J0' 1b W 0.15 PROJECT, MCLINDER SUB, NO. 1 CITY OF MERIDIAN WATER AND SEWER EASEMENT TS DEVELOPMENT 5/9/2014 I NTS DWG # PROJECT# 14020 4�d•-knr� 44C SHEET WWIM.SAWTOOTHLS,COM 1 OF 1 DATE: Septembe .�Mo III \' Temporary License Agreement with Ada County Highway District for use of Right -Of - Way for Landscaping at the Victory Ground Reservoir Site Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 k*4-� E IDIANt-6�-�1*DAHO Public N I t WorksDepartment TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington Staff Engineer II DATE: 15 September 2014 Mayor Tammy de Weerd City Council Nernberss Charlee Rountree Keith Bird )oe Borton Luke Caverner Genesis Milam David Zaremba SUBJECT: TEMPORARY LICENSE AGREEMENT WITH ADA COUNTY HIGHWAY DISTRICT FOR USE OF RIGHT-OF-WAY FOR LANSCAPING AT THE VICTORY GROUND RESERVOIR SITE I. RECOMMENDED ACTION A. Move to: 1. Approve the License Agreement with Ada County Highway District to allow City utilization of ACHD-right-of-way for landscaping. 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer II...................................................................489-0385 Kyle Radek, Asst. City Engineer.........................................................................489-0343 Warren Stewart, PW Engineering Manager.........................................................489-0350 Tom Barry, Director of Public Works.................................................................489-0372 III. DESCRIPTION A. Background The Victory Ground Reservoir #2 project is nearing completion with landscaping being one of the final items to finish. Page I of 2 B. Proposed Project There will be a considerable amount of landscaping constructed with the Ground Reservoir #2 project. The frontage of the project, along Locust Grove Road, will be landscaped with a berm, grass, bushes and trees. In order to complete this landscaping, ACHD requires a temporary license agreement for the landscaping within the right-of-way. This temporary license agreement allows the City to install the needed landscaping along Locust Grove Road. 1/ ' Ptd-'� A. Strategic Impact N/A B. Fiscal Impact There is no fee associated with the creation of this license agreement. V. ALTERNATIVES A. The City could elect not to sign the license agreement which would cause ACHD to not approve the license agreement and consequently the right-of-way permit to install the needed landscaping improvements. VI. LIST OF ATTACHMENTS A. Attached is the Temporary License Agreement with Ada County Highway District. Approved for Council Agenda to Page 2 of 2 DATE: September 23, 2014 l i _ Ii3ii lilikiIii1l1i 7_ . --N I � Addendum No. 12 to Agreement for City Prosecutor/Criminal Legal Services Dated November 1, 2002 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EXHIBIT "A" ADDENDUM NO. 12 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 12 is entered into 4 clay , h 014 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as 'Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain pro secutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, and 2013; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty six thousand three hundred eighty dollars ($26,380) per month, with the annual total cost of three hundred sixteen thousand five hundred sixty dollars ($316,560). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20th day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 12 Page 1 2. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension — FY -2015, attached hereto as Exhibit "B" Except as modified by this Addendum No. 12, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and I I shall remain in full force and effect. IT IS SO AGREED. I . WITNESS HEREOF, he parties have executed this Addendum No. 12 on this Z� qday of , 2014. CITY OF MERIDIAN B°. Mayor de Weerd CITY OF BOISE ti. BY V Mayor David Bieter,,,,._ . Meridian ?age 2 ATTEST: BY. Jay e o man, City Cleric DATE: September 23, 2014 ITEM NUMBER: 5D 99.' •-, * �ek -k Approval of Contract Amendment No. 5 to Extend the Contract for Janitorial Services to Varsity Contractors, Inc. in the Not -To -Exceed Amount of $120,144.96 11 ►11,111 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager C: Jacy Jones, Eric Jensen Date: 9/18/2014 Re: September 23rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 23r City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Janitorial Services" to Varsity Contractors, Inc. in the Not -To -Exceed amount of $120,144.96. Recommended Council Action: Approval of Contract Amendment to Varsity Contractors, Inc. for the Not -To -Exceed amount of $120,144.96. Thank you for your consideration. Page 1 IDIAN�- CONTRACT AMENDMENT No 5 VARSITY CONTRACTORS, INC. for JANITORIAL SERVICES CONTRACTOR NAME: DEPARTMENT NAME: Varsity Contractors, Inc. Public Works ADDRESS: ADDRESS: 2100 South Cole Road 33 E. Broadway Boise, ID 83709 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name & Project No. Janitorial Services Previous Amendment Date: 11-26-2013 Previous Amendments: 4 Current Contract Dates: START: 10/1/2013 COMPLETION: 9130/14 Current Contract Amount (Inclusive of Previous Amendments to Date): $ 437,459.60 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW Check all that A 1 X Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): This Amendment is the final of four possible one year extensions. The amendment includes a 2% price increase per the Terms & Conditions (Section 3.2) of the Agreement dated September 6, 2011. The Revised Payment Schedule is attached. This amendment also includes the new WWTP Administration Building. NEW CONTRACT INFORMATION: Amendment Date: October 1, 2014 New Contract Dates: START: 10/112014 COMPLETION: 9/30/2015 Amount of Amendment Change $ 120,144.96 Current Contract Amount (inclusive of Previous Amendments and Change Orders to Date): $557.604.56 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERI r BY. TAMMY de, RD, MAYOR' Dated: pproved by Council• Atte c� . CEE ROLMAN, CITY CLERK Varsity Contractors, Inc. BY:. Shawna Anthony, District Operatio nager Dated: 1 �y Approved by Cify as toCont It BY:� KEi ATTS, PURCHASING MANAGER REVISED PAYMENT SCHEDULE FY2015 A. Total and complete compensation for this Agreement shall not exceed $120,144.96. TASK DESCRIPTION MONTHLY AMOUNT A. City Hall $6,892.60 $82,711.20 B. Police Station including K9 facility $1,613.58 $19,362.96 C. Water Administration $514.98 $6,179.76 D. Wastewater Administration $696.32* $8,355.84 E. Parks Field Office $61.20 $734.40 F. Meridian Community Center $233.40 $2,800.80 TOTAL $10,012.08 $120,144.96 *This is the pricing for the new WWTP Administration building that is anticipated to be complete by October 1, 2014. In the event that the building completion time and move in date is extended, the monthly cleaning rate for the existing WWTP Admin Building, $279.62, will be charged. Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. September 2014 ITEM NUMBER: 5F ITEM TITLE: APPROVAL AND AWARD OF RFQ AND MASTER AGREEMENTS Approval of Award of RFQ and Master Agreements for Professional Services over $25,000.00 as Listed Below: 1 a - Civil Survey, Keller Associates, SPF Water for Water Supply and Distribution Engineering - Well Pump Facility, Booster Station, Storage Reservoir and Valve Station Design Services. 1 d - JUB, Keller Associates, Mountain Waterwork for Water Supply and Distribution Engineering - Groundwater Supply Treatment/Filtration Design Services. 2a - Brown & Caldwell, CH2MHill, Mountain Waterworks for Wastewater Collection and Treatment Engineering - NPDES and Biosolids Permit Defense, WWTP Pretreatment Program WWTP Plant Design and Upgrades (optimization, odor control, solids and liquids processing); other misc. wastewater treatment plant design and/or construction projects. 4A - MTI, STRATA, Terracon for Geotechnical Engineering - Materials Testing and Inspections; soils and foundation reports. 5a - CH2M Hill, Keller Associates, T -O Engineers for Hydraulic Engineering - Hydraulic and hydrological modeling and mapping of surface water sources, and floodplan development. Development, submittal and review of FEMA map change projects and map changes proposed by FEMA according to local ordinances and FEMA standards. 6a - CH2M Hill, Hydrologic, SPF Water for Hydrogeological Services - Test well and production well design, well rehabilitation design, and well reconstruction design; test well monitoring, chemical analysis of groundwater, hydrogeological mapping; groundwater modeling, proof of beneficial use examinations, water rights transactions and analysis. 13a - CTA, Jensen Belts, The Group for Landscape Architecture - New construction landscape and irrigation design and significant landscape renovations; conceptual design and park master planning; streef scape/walkway/pathway improvements and/or repairs; new playground design and installations or improvements to existing playground facilities; tree preservation; reduction of flooding potential; drainage and dewatering; and erosion control. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION September •_b_ 2014 ITEM NUMBER: 5F d0111111=3=I: 1 Approval of Task Order 10340.G for "Well 21 Iron and Manganese Removal Treatment Facility - Services During Construction" to CH2M Hill Engineers in the Not -To -Exceed Amount of $121,026.00. This Task Order is written against the current Master Agreement (1 d) between the parties. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TASK ORDER NO. 10340.G Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERS, INC (ENGINEER) This Task Order is made this 23rd day of September, 2014 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by CH2M HILL Engineers, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1 d) between the above mentioned parties dated December 6 2011. The Project Name for this Task Order 10340.G is as follows: PROJECT UNDERSTANDING Engineer completed the design and bid documents in January 2014. Engineer will now provide Services During Construction. SCOPE OF SERVICES Task 1® Project Management ENGINEER will provide project management associated with this phase of the project, consisting of the following: • Project accounting. • Prepare an updated Health & Safety Plan for onsite work activities and obtain staff endorsement. • Supervise and manage engineering project staff for execution of work tasks. • Provide contract administration. • Project documentation and coordination associated with ENGINEER's tasks. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to the City's Project Manager. Task Order 10340.G WELL 21 IRON & MANGANESE Services During Construction Page 1 of 5 CH2M HILL ENGINEERS, INC> ® Monitor ENGINEER project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. ® Prepare and submit monthly billing with a brief description of the work completed during that billing cycle. ® Project closeout and archiving. Deliverables ® Monthly project invoice statements with a brief description of the work performed. Assumptions ® Thirty-five (35) week duration from City -issued general construction contractor notice -to - proceed for completion of services during construction tasks described herein. Task 2 ®Services During Construction ENGINEER will support the City during the construction phase of the project by providing engineering services as described below. 2.1 Pre -Construction Meeting. Attend a pre -construction meeting with the Contractor and City. Budget assumes one meeting for a total duration of four hours including travel time. One ENGINEER representative (project manager) will be in attendance. 2.2 Submittal Review. Review and respond to technical submittals and re -submittals from the Contractor and provide review responses to the City Project Manager. Budget assumes an average review time of two hours per submittal including processing time. 2.3 RFI and WCD. Review and respond to requests for information (RFI) from the Contractor. Develop content for Work Change Directives (WCD). Budget assumes three hours for each RFI and WCD. 2.4 Contractor Payment Request Support. Assist City in the review of Contractor Payment Requests. Budget assumes eight payment request reviews at one hour each. 2.5 Contractor Change Order Request Support. Assist City in the review of Contractor Change Order requests. Budget assumes five change order reviews at two hours each. 2.6 Construction Progress Meetings. Attend bi-weekly construction progress meetings at the construction site. Budget assumes 28 week construction period for a total of 14 meetings at three hours per meeting (includes travel time) with project manager attending each meeting and allowance of 18 hours total for discipline lead attendance based on discussion topics. 2.7 Site Visits. Conduct site visits for periodic field observations to observe construction at appropriate intervals by one technical design staff. Budget assumes each site visit requires up to four hours of labor, including travel time and documentation of field notes, with the following number of site visits assumed for discipline design leads (or their designee): Process 2 site visits Civil 2 site visits Architectural 2 site visits Structural 2 site visits Building Mechanical 2 site visits Task Order 10340.G WELL 21 IRON & MANGANESE Services During Construction Page 2 of 5 CH2M HILL ENGINEERS, INC> Instrumentation/Control 2 site visits Electrical 2 site visits 2.8 Substantial Completion Site Visit. One substantial completion site visit is anticipated. ENGINEER will attend this site visit with the City and the contractor to observe completed construction and assist in punchlist item identification. ENGINEER will review and provide comments to punchlist prepared by the City. Budget assumes the following: - Attendance at one substantial completion visit for balance of work by design team (up to 7 ENGINEER technical staff and project manager) with a six hour allowance for each attendee, including travel time and punch list review. 2.9 Startup & Commissioning. Attend startup, testing, and commissioning of the new filter treatment system, HVAC equipment, control instruments, electrical equipment, and other incidental project elements. Budget assumes the following ENGINEER staff allowances: Project Manager 12 hours Process Three 2 -day site visits (48 hours) Building Mechanical 4 hours Instrumentation/Control 6 hours Electrical 6 hours 2.10 Project Record Drawings. Prepare project record drawings based primarily on as -built notes and drawing redlines provided by Contractor following completion of construction activities and supplemented with ENGINEER field notes from intermittent site visits. Budget assumes 16 hours for ENGINEER design leads to review Contractor's as -built drawings and make changes, and a 24 hour effort by CAD staff to make changes to the drawings (40 hours total). Deliverables • Technical submittal review comments transmitted digitally to the City Project Manager for distribution. • Contractor RFI responses and WCD content transmitted digitally to the City Project Manager for distribution. • Review comments for Contractor Payment Application and Change Order transmitted digitally to the City Project Manager. • Electronic copies of field notes from periodic site visits (Task 2.7) transmitted digitally to the City Project Manager. • Punch list review comments (Task 2.8) and Substantial Completion form transmitted digitally to the City Project Manager for distribution. • Record Drawings — three half-size bound copies and one CD with PDF and AutoCAD files of the drawings. Meetings • Pre -Construction Meeting, as described above. • Construction Progress Meetings, as described above. • Site Visits and Substantial Completion Site Visit, as described above. Task Order 10340.G WELL 21 IRON & MANGANESE Services During Construction Page 3 of 5 CH2M HILL ENGINEERS, INC> Assumptions • Pre -construction meeting will take place at Meridian Public Works Department conference room. The City Project Manager will coordinate with City project team, contractor, and ENGINEER to schedule the meeting date and time (and conference room). The City will be responsible for recording, preparing, and distributing meeting minutes. • Submittals and RFIs from the Contractor will be received by the City Project Manager who will log and forward to ENGINEER for review. Submittal and RFI responses and WCD content by ENGINEER will be delivered digitally to the City Project Manager for distribution to the Contractor. • City is responsible for documenting construction progress meeting minutes and distributing. • City is responsible for approval of Contractor Payment Applications and Change Orders. • City inspector will be responsible for performing daily inspections during construction and will notify ENGINEER of any material variation from design. City will provide ENGINEER with written documentation of daily construction inspections/observations and performance test results upon request. • Contractor will be responsible for providing written verification that construction is complete and scheduling Substantial Completion Site Visit with the City and ENGINEER that will be mutually agreeable to the parties involved. • Third party provider contracted by the City will be responsible for programming of SCADA equipment. • Contractor responsible for preparing for in advance and performing testing of electrical and mechanical systems for observation by the designer and the City. Contractor is responsible for scheduling tests that will be mutually agreeable to the parties involved. • Contractor will be responsible for keeping accurate, detailed notes and drawing redlines documenting changes from design drawings. These notes and drawing redlines will be available for review by ENGINEER throughout the project and the City inspector will provide periodic reviews to ensure that the Contractor is appropriately documenting the as -built conditions. • As -built notes and design drawing redlines maintained by the Contractor will accurately convey as -built conditions and provide sufficient detail for ENGINEER to easily use as primary basis for producing record drawings. ENGINEER is not responsible for performing field survey work to produce record drawings. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. • The presence or duties of ENGINEER's personnel at a construction site do not make ENGINEER in any way responsible for those duties that belong to the City and/or the Contractor, and do not relieve the Contractor or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. Task Order 10340.G WELL 21 IRON & MANGANESE Services During Construction Page 4 of 5 CH2M HILL ENGINEERS, INC> The following schedule is based on a Notice to Proceed (NTP) from the City by September 2014. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCH DULE Task Description Due Date Compensation 1 Project Management ® September 2014 $19,524 through April 2015 2 Services During Construction ® September 2014 $101,502 through April 2015 TASK ORDER TOTAL $121,026.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10340.G is one hundred twenty-one thousand tweny-six dollars ($121,026.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. , CITY OE INDIA -_. %BY:MY de WE , MAYOR Dated: 9 " J I'A Approved by Council: c' - 23 - I q YCE . HOLMAN, -UM CLERK urchain App®val;' a BY: ` KEITKWATF8, Purchasing Manager City Project Manager Clint Worthington CH21VI HILL EN VEERS, INC. BY: Mark Bowen Dated: `, 113:41� BY: - �3- WArIREN STEWAFqT, Engineering Manag Dated: , / Task Order 10340.G WELL 21 IRON & MANGANESE Services During Construction Page 5 of 5 CH2M HILL ENGINEERS, INC> CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 9/18/2014 REQUESTING DEPARTMENT PW Fund: 60 Department: 3490 GL Account: 96121 Project # 10340.G Construction: PSA: Task Order: X Project Name: Well 21 Iron & Manganese Removal Services During Construction Project Manager: Clint Worthington Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Yes Department Representative: CH2M Hill - Perrin Robinson Contract Amount: $121,026.00 Will the project cross fiscal years? Yes X No Budget Information: FY Budget: 13/14/15 Enhancement #: FY13 #13 Grant #: Other: Type of Grant: CONTRACT CHECKLIST n/a BASIS OF AWARD Low Bidder Highest Rated Master Agreement X (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License # n/a n/a Current? (attach print out) Corporation Status (Attach Print Out): n/a Insurance Certificates Received (Date): on -File Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X Date Award Posted: n/a n/a Correct Category? Rating: A n/a Rating: n/a If yes, has policy been purchased? Date Submitted to Clerk for Agenda: September 18, 2014 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: VINTS • 111111111 1111� I I I i11!11111111� I I• I 111111111111111111111111 11�•' DATE: September 23, 2014 ITEM NUMBER: 5G— ITEM TITLE: INTERAGENCY AGREEMENT Interagency Agreement for: Roadway Construction/Water, Recycled Water and Sewer Construction for the Ten Mile Road - Cherry Lane to Ustick Road Project. ACHID PROJECT NO. 503023 / CITY OF MERIDIAN PROJECT NO. 10374A MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l E Ir"""IAN DAHO Public Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: John Boyd Engineering Project Manager DATE: September 18, 2014 Mayor Tammy de Weerd City Council Nernherso Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/ WATER, RECYCLED WATER AND SEWER CONSTRUCTION FOR THE TEN MILE ROAD — CHERRY LANE TO USTICK ROAD PROJECT. ACHD PROJECT NO. 503023 / CITY OF MERIDIAN PROJECT NO. 10374A I. RECOMMENDED ACTION A. Move to: 1. Approve the Interagency Agreement for ACHD Project 503023 and City of Meridian Project 10374A. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS JohnBoyd (PM).......................................................................................................489-0352 Clint Dolsby, Assistant City Engineer.....................................................................489- 0341 Warren Stewart, PW Engineering Manager.............................................................489-0350 John McCormick, Deputy Director, Public Works ..................................................489-0378 Tom Barry, Director of Public Works......................................................................489-0372 III. DESCRIPTION A. Background Ada County Highway District (ACRD) plans to widen Ten Mile Road from Cherry Lane to Ustick Road. ACHD has agreed, per the attached agreement, to include City water, recycled water and sewer improvements in their plans and bid documents for this project. B. Proposed Protect The Ten Mile, Cherry Lane to Ustick Road project will construct a new five lane roadway with curb, gutter and sidewalks. During construction ACHD will have City of Meridian water, recycled water and sewer improvements installed by their contractor. Page I of 2 IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery IMpact: The largest impact of this project is the extension of a recycle water main stub to the west in Muirfield Drive. This will give the Public Works Department the ability to service the Lakeview Golf Course with recycled water should the decision be made at a later date to do so ,,without disturbing the newly paved section of roadway. C. Fiscal Impact: Cost of the City of Meridian infrastructure improvements are estimated to be $71,600 and actual costs will be presented to council for approval following the bid opening for this project. V. TIME CONSTRAINTS ACHD plans to start construction on this project in January 2015. City approval of this agreement is required for ACHD to install the water, recycled water and sewer improvements. VI. LIST OF ATTACHMENTS A. Interagency Agreement Approved for Council Agenda: Warren Stewart, PE Daf e Page 2 of 2 INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION AND WATER, RECYCLED WATER AND SEWER CONSTRUCTION TEN MILE ROAD— CHERRY LANE TO USTICK ROAD ACHD PROJECT NO. 503023 CITY OF MERIDIAN PROJECT NO. 10374A THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER, RECYCLED WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this //'-day of � ►- " , 2014, by and between the ADA COUNTY , HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 503023. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing ursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive1 urisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such'contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as Project no. 503023 ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water, recycled water and sewer services, adjusting water and recycled water valve boxes and manholes to grade, and correcting potable/non-potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project no. , to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water, Recycled Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water, Recycled Water and Sewer Improvements within the Project Boundaries; and Page 1 of 8 NOW, THEREFORE, in consideration of • the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: g 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving • and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water, Recycled Water and Sewer Improvements p ovements referenced herein, which CONTRACT shall include, inter alis aprovision • . that all work required for the City Water, Recycled Water and Sewer Improvements p ements shall be performed in conformance with the most current edition of the Idaho Standards • for Public Works Construction (ISPWC) and the most current CityMeridian of Meridian Supplemental Specifications to the ISPWC. b. Provide Meridian with a complete set of combined bid documents for the roadway reconstruction, and for the City Water, Recycled Water and Sewer Improvements. c. Furnish Meridian with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically p y acknowledge that the City Water, are Recycled Water and Sewer Improvements p and shall be subject to the terms and conditions of this Agreement. If MERIDIAN g does not concur, DISTRICT shall remove the City Water, Recycled Water and Y Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible ponsible and shall reimburse DISTRICT for any and all costs suffered byDISTRICT attributable to the removal of the City Water, Recycled Water and Sewer Improvements p nts from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providinthat MERIDIAN will ll have the right and authority to work directly with the Contractor to resolve anyclaims relating elating in any way to the City Water, Recycled Water and Sewer Improvements p and that any such claims will be reviewed, approved or denied by MERIDIAN. e. Coordinate with MERIDIAN should anychanges be made to DISTRICT's STRICT s portion of the CONTRACT or work pursuant thereto that does or may impact the City Water, Recycled Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copyof each Contractor • tactor progress payment estimate, and the final CONTRACT payment estimate, as such estimates area approved oved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of t construction construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all ' • p pre-existing survey monuments within the Project. Page 2 of 8 i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any potable water service lines, water valve boxes, recycled water mains, valve boxes, blow-offs, sanitary sewer or, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water, Recycled Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water, Recycled Water and Sewer Improvements. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water, Recycled Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water, Recycled Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water, Recycled Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water, Recycled Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. Page 3 of 8 f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as theyrelate to the total project construction costs. g. Provide (at City's sole costs) *trench compaction testing for the CityWater, Recycled ed Water and Sewer Improvements from one-foot (1') above thei e zone to sub-grade p p g de of the roadway section; trench compaction testing shall bep rovided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing requiredan in area that Y does not meet CONTRACT requirements; and provide copies of tests for the area p along the alignment of the pipeline to the designated DISTRICT representative. *The trench compaction tests are to be done by a 31.d partytestingfirm hired bythe General Contractor or Piping Sub-Contractor and submitted to MERIDIAN per the current Edition of the ISPWC, Section 100, Article 13, Paragraph 13.03.B.. h. Be liable for the cost of repairing any trench failure attributable to the City Water, Recycled Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water, Recycled Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water, Recycled Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the CITY Water, Recycled Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water, Recycled Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against Page 4 of 8 suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorneyfees caused by or arising out of any and all such claims p regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paidpursuant for to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water, recycled water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. Page 5 of 8 I. This Agreement and the exhibits hereto constitute the full ' and entire understanding and agreement between the parties with regard to the transaction g contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. p y m. The promises, covenants, conditions and agreements herein contained g shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to g the benefit of each of the parties hereto and their respective successors and assigns. g • n. If any part of this Agreement is held to be illegal or unenforceable g by a court of competent jurisdiction, the remainder of this Agreement shall beg iven effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to . . p �Y g enforce any provision or exercise any right. No acknowledgments required g hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. J The headings used in p. g this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject anyparty rtY to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against ainst the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water, Recycled Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Page 6 of 8 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT 11111111111111111111i By: - tob BT � Bruce ' . . . _ - Mdrhillaiareilk._ Director President, Board of Commissioners ATTEST: / CITY OF MERIDIAN � By• By: �� Jaycee L. Holman Tamm - Wee7d City Clerk Mayor STATE OF IDAHO ss. COUNTY OF ADA ) On this /%56/ day of fihiLe-V 2014, before me, the undersigned, personally appeared = - and BRUCE WONG, President of the Board of Commissioners and Director respective of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged t, me that the exec ed the same for Mid/el/a and on behalf of said body. / G�. IN WITNESS WHEREOF, I have hereunto set my han nd affixed my official seal the day and year first above written. .* EMI" ft, OR jr4k• „ec/►RY Notary Pu :r Idaho op �a Residing at A// .L, Idaho h ••°' My commission expires: AUG 1 3 2019 Ce 0 PUSO 4'4 • ��'P�gTE pF NM 1 �� Page 7 of 8 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this Q3 day of of , 2014, before me, the undersigned, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me p p to be the persons whose names are subscribed to the within instrument, and acknowledged g to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed myofficial seal the day and year first above written. 'lb .1111.11 **4b/ • dtary Public f9r Idaho p. _ Residing at kteoclic& , Idaho My commission expires: Page 8 of 8 September1 . X01: Items Moved From Consent Agenda fi,' n1j- Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS w ITEM TITLE: FEE WAIVER REQUEST Fee Waiver Request by the Boys and Girls Club ITEETIVG VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C EK�DIANA,_ Community Development• Department Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 September 18, 2014 To: Mayor Tammy de Weerd City Council Members Cc: City Clerk From: Bruce Freckleton, Development Services Manager Justin Lucas, Planning Supervisoo Re: Fee Waiver Request - Boys and Girls Club of Ada County In his letter dated September 11, 2014, Stanley Cole, AIA, LEED, representing the Boys and Girls Club of Ada County, requested a waiver of fees associated with the proposed gymnasium to be located on the northwest corner of Meridian Road and Pine Avenue. The following information outlines the applicable fees for a project of this type, Planning Division Fees 1. Certificate of Zoning Compliance with Prior Approval ($173) 2. Administrative Design Review ($173) If waived by the City Council, these fees are absorbed by the City. Land Development Division Fees (Soft Costs) 1. Public Works Plan Review Fee ($192) 2. Public Works Inspection Fee ($145) 3. Public Works Pre -Treatment Review Fee ($75) If waived by the City Council, these fees are absorbed by -the City. Building Division Fees Building and trade permit fees contain hard costs that are paid to independent contractors. These hard costs represent a percentage of the permit fee charged to the applicant. If the City Council chooses to waive the entire permit fee then the Community Development Department must pay the independent contractors using City General Funds. The following table shows the approximate breakdown, including percentages allocated to independent contractors of building and trade permit fees that were determined during the mutual fee waiver agreement that the City entered into with West Ada School District. In that agreement, the "Hard Cost" percentage of the fee required to be paid to an independent contractor was not waived, The actual cost of the building and trade permit fees are unknown at this time and are typically calculated when the applicant submits for building permits. Fee Type % to City (Soft Costs) % Paid by City to Independent Contractors (Hard Costs) Building Permit 70% 30% Building Official 90% 10% Commercial Fire Code Plan Review 27% 73% Cooking Hood Fire Extinguishing System 27% 73% Commercial Fire Alarm System 27% 73% Commercial Fire Sprinkler System 27% 73% Mechanical Permit 35% 65% Electrical Permit 35% 65% Plumbing Permit 40% 60% Other City "Hard Costs" for services include but are not limited to utilities (water, sewer, reclaimed water), and the cost of providing utility meters. The City also charges Police and Fire impact fees for non-residential projects. The combined impact fee is $0.36 per square foot. Ph: 208.887.221.1 www.meddian Jyj < Fax 208.887.1297 Rev:01/2011 EURCHITECTS 802 W Bannock St, Ste 208, t3olse, IG 83702 / 208-345.1800 / colearchitec_t5,net September 11, 2014 Jaycee Holman City Clerk City of Meridian 33 E. Broadway Avenue, Suite 104 Meridian, Idaho 83642 RE: Request for Waiver of Fees Boys and Girls Clubs of Ada County, Meridian Club — Gymnasium 911 N. Meridian Road. Meridian, ID Dear Mrs. Holman Cole Architects, representing the Boys and Girls Club of Ada County, is requesting a waiver of fees relating to the new Boys and Girls Club Gymnasium that will be located at 911 North Meridian Road. The Boys and Girls Club is a nonprofit organization that has been providing safe environments for local youth. With the addition of a new gymnasium building, The Boys and Girls Club will be able to support more youth in the Meridian area and provide them with a place where they can participate in a wide variety of activities. The gym will include a regulation size high school basketball court, two volleyball courts and bleachers. Attached to the gymnasium will be a "Teen Center" where older club members can go to use computers, study, do homework and socialize. The City of Meridian has generously allocated finds to help with the construction and maintenance of the building. In return, the City of Meridian will be allowed after hour use of the building for community activities. Because of this, we feel that all City of Meridian related fees should be waived for this project. These fees include but are not limited to Certificate of Zoning and Design Review Fees and Permit Intake Fees. We appreciate your consideration of this request. We are very excited to assist with the design of a facility that will have such a positive impact on the City of Meridian. Please don't hesitate to contact our office with any questions. Respectfully Submitted, Stanley A. Cole, AIA, LEED Managing Partner, Cole Architects PLLC Cc: Jacy Jones (Senior Deputy Clerk), William Nary (City Attorney) Jacy Jones From: Michael Joseph <Michael@colearchitects.net> Sent: Thursday, September 11, 2014 4:24 PM To: Jaycee Holman Cc: Jacy Jones; Bill Nary; Braga, Colleen (colleen@adaclubs.org); Jodi Gempler; Justin Lucas; Stan Cole Subject: Request for Waiver of Fees - Boys and Girls Club Gym Attachments: Request for Waiver of Fees.pdf WD Please find the attached Request for a Waiver of Fees for the Boys and Girls Club Gym. Please let me Know if you need anything else. Thanl<you! Michael Joseph Architectural Intern Cole Architects, PLLC. 802 W. Bannock St. Suite 208 Boise, ID 83702 Michaela colearchitects.net www.colearchitects.net p 208.345.1800 c 503.550.6335 W-IRRCHITECTS •jJ11111111111111• •' DATE: September 23, 2014 ITEM NUMBER: 7B ITEM TITLE: SPURWING CHALLENGE (LOTS 3 & 4, BLOCK 1) Continued Public Hearing September 16, 2014: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS •• • September 23, 2014 ITEM NUMBER: 7C W. p- b- .. OM - d -AA -.1 A 19:4 Ji 0 9 19 4 RIM MTA A M804 11 Public Hearing: Proposed Sewer Connection Fee Increase MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes � I � CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS H• ID 0 0 as CD O d n a' cn da4 �. o ® cn,� o o boar " � `c 'oCD o r 64 CD � z d m 4. �(DCA� o�CD -49L0 n N b �. � �n cl ow P ° r> 0o( cn gi b CD ° (DP, N fD �+ 0 O w o' _o cu co cum ro a\ CD Q v w (D � a N P N � o (Dn � �x � CD cn CD (D �(VD � Ro 00 CD - ¢0 00 �k,�j CD � CD Z3 (moo (� 0 V �7-°(Do� °�,����. .�;-'?CD° 0d. 0 a o. coo PUBLIC HEARING SIGN-UP SHEET DATE September • ITEM # 7C PROJECT NUMBER PROJECT NAME Proposed Sewer Connection Fee Increase _ PLEASE PRINT NAME FOR AGAINST NEUTRAL �k / ,7 l DATE: September 23, 2014 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: MAYOR'S OFFICE - RENEWAL OF EMERGENCY MEDICAL SERVICEE Mayor's Office: Renewal of Emergency Medical Services Joint Powers Agreement Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 4 MTN in 1111111111111 Z 1 111111! 111 111•3111111111 !111 IIIIIIIp I � I E=0 DATE: September 23, 2014 ITEM NUMBER: 8B .. 9UNIM -W Resolution No. I q -( 0 -: A Resolution Of The Mayor And The City Council Of The City Of Meridian Appointing Calvin Barrett To Seat 2 Of The Meridian Development Corporation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I � I a BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING CALVIN BARRETT TO SEAT 2 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and and WHEREAS, that action further established its members and terms of their appointments; WHEREAS, Seat 2 of the Meridian Development Corporation is currently vacant, with a term to expire August 31, 2016; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Calvin Barrett to Seat 2 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Calvin Barrett shall be appointed to Seat 2 of the Meridian Development Corporation, which term shall run through August 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. I �Z r� ADOPTED by the City Council of the City of Meridian, Idaho, thisz day of September, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this Z� day of September, 2014. APPROVED: Mayor a my de Weerd ATTEST: By; ayc L. Holman, City Clerk RESOLUTION APPOINTING BARRETT TO MERIDIAN DEVELOPMENT CORPORATION - PAGE I KIM -757, I III I I! 111111�li! 111' 1111! 111, 13111111111 1 111111111:l I'M= DATE: September 23, 2014 ITEM NUMBER: 8C U 109111111*91WM -14 11 1 111 111 1 1 IN 11ago= Public Works: Budget Amendment for FY2015 in the Amount of $360,000.00 for the Well 21 Iron and Manganese Treatment Facility MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington, Staff Engineer II DATE: September 15, 2014 Mayor Tammy de Weerd City Council Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2015 IN THE AMOUNT OF $360,000 FOR THE WELL 21 IRON AND MANGANESE TREATMENT FACILITY I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2015 Budget Amendment for $360,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer II 489-0349 Kyle Radek, Assist City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Public Works is requesting $360,000 to provide funding for the construction of an Iron and Manganese Treatment Facility. This is the City's first Iron and manganese treatment facility project. The original budget was based on similar projects constructed by other municipalities, however, inflation, contracting environment and unique project challenges such as extensive water chemistry Purge I of 2 IV V. testing have increased project cost. The design of the project is complete and the project has been through the bidding process. B. Proposed Project This budget amendment of $360,000 is being requested to fully fund the construction as well as a contract for construction services and SCADA programming by the design engineer. I ► I VIT44" A. Strategic Impact: This project supports the Public Works objectives of providing uninterrupted water supply and fire suppression, providing ample water supply to our customers, enhancing and protecting water quality, and meeting the requirements of the Safe Drinking Water Act. B. Service/Deliver pact: This project will ensure our ability to serve customers with high-quality water for potable uses and fire protection in the future C. Fiscal Impact: Budget Well 21 — Iron and Manganese Treatment FY 13 Budget Budget Amendment Total Funding LIST OF ATTACHMENTS A. Budget amendment form Approved for Council Agenda Page 2 of 2 $1,160,000 $360,000 $1,520,000 & ate City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Todd 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2013 Through 9/30/2014 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 96121 WELL ##21 CONSTRUCTION Total Capital Outlay DEPT EXPENDITURES TOTAL EXPENDITURES WITH TRANSFERS 1n1C1+rt 981,000.55 244,337.22 736,663.33 981,000.55 244.337.22 736.663.33 981,000.55 244,337.22 736,663.33 981,000.55 244,337.22 736,663.33 ,bo r ��� a 3y . 0 Ql) Ll4 -z:,,I�I-Y)Z. Date: 9/15/14 02:45:37 P6f Page: 1 O O O O O O O O O 6h 0 Cl) LO (.0 O O cr> 6FT GPJ 6a O' M O O 0 0 rMMT N P F-' a) N N O O M O c P P P O ..J 69 69 U). 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N to to N t/T to t/T to to to t/T toiA o mO V O (n cn N O O O O h 0 t() O N 00 O O ' m o o v o o c OCio DD N M N O H N N N M Hlo i H H lo Q1 i+ O0 Oat O dam' W M ti 1? to N N to to N {¢ y O N a O^1 0.: Ol .® n t� N J � J Q N N m W mto m N a pp rp a �. m N Y (Ea E C h0 ip w LLK � Y � N v � V. E ,gyp u C C N "- E S E> = Q N v +' 'a o [O fL0 lD s E v w u° '� co a °� c u a E a u c m o w aZ v m m w F v h m �° dz pup S ;G m n` E° .m c o s M X c a° `w v G 'a a v O. '6 N Y M @ u T U m N u N N@ 'O 'O .0 E O U C w .O O m m a M O •t+ O .� C Q �_ H Q u j u O Q 2@ J Q H N N N a H N OM vui Y vui �' ON Q O y c 0 N fp N fp N N N au+ Q 'U w f6 N t6 p1 N N N vvi > a u a` > 3: 3� 3: 3: 3: 3: = oHNmvin�Dnco0)HN H N m V to lO r 0p Ql H H H H H H H H H H N N N Yk Yt Yk YL w u w c1 w u N Y Y w W N Y w +u+ �u-+ au+ +u+ +u+ ♦u-+ au+ au+ tw E LL O Q N of v N N n rn D'TE: September2014 ITEM NUMBER: 8D Public Works: Approval of Award of Bid and Agreement to Sletten Construction Company for the "WELL 21 IRON AND MANGANESE REMOVAL/TREATMENT FACILITY" Project for a Not -To -Exceed Amount of $587,100.00 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS T: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager Jacy Jones, Clint Worthington Date: 9/18/2014 Re: September 23�d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 23d City Council Agenda under a Public Works Department Report. This items needs to follow the Department Report requesting a budget amendment for the same item. Approval of Award of Bid and Agreement to Sletten Construction Comany for the "WELL 21 IRON AND MANGANESE REMOVAL / TREATMENT FACILITY" project for a Not -To -Exceed amount of $587,100.00. Recommended Council Action: Award of Bid and Approval of Agreement to Sletten Construction Company for the Not -To -Exceed amount of $587,100.00. Thank you for your consideration. Page 1 AGREEMENT • INDEPENDENT CONTRACTOR WELL 21 IRON AFACILITY PROJECT # 10340.F THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 23rd day of September, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Sletten Construction Company, hereinafter referred to as "CONTRACTOR", whose business address is 6202 West Gowen Road, Boise, ID 83709 and whose Public Works Contractor License # is PWC -C-11847. Whereas, the City has a need for services involving Iron and Manganese Removal; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: fipau�R •� • k Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 1 of 11 Project 10340.F state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $587,100.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 2 of 11 Project 10340.F 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 168 (one hundred sixty-eight) calendar days to achieve substantial completion and 196 (one hundred ninety-six) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond these time periods in the amount of five hundred dollars ($500.00) per calendar day for each milestone. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 3 of 11 Project 10340.F 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 4 of 11 Project 10340.F including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY- CONSTRUCTION page 5 of 11 Project 10340.F 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian SLETTEN CONSTRUCTION COMPANY Purchasing Manager Attn: Ron Hagen 33 E Broadway Ave 6202 West Gowen Road Meridian, ID 83642 Boise, ID 83709 208-888-4433 Phone: 208-658-9888 Email: rhagen@sletteninc.com Idaho Public Works License #PWC -C-11874 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 6 of 11 Project 10340.F includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 7 of 11 Project 10340.F 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Sid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN SLETTENCONSTRUCTION C PA Y BY:* RY: __ -_ ��__ TAMMY ®, MA Ron Mage Vice President Dated: (7)I Approved by Council: q - ;�-3 EE LLHOLMAN, CITY CLERK Purchasing Approval 6Y: KEI d urc a Ing Manager Dated:: Dated: i7 -D Pr F 5EMMER i Dated.. / WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 8 of 11 Project 10340.F Attachment A � • • a part hereof. • WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY- CONSTRUCTION page 9 of 11 Project 10340.F Attachment B A. Total and complete compensation for this Agreement shall not exceed $587,100.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 168 calendar days Milestone 2 Final Completion 196 calendar days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW -14-101 CONTRACT TOTAL ....................... $587,100.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Bid Schedule Item No. Description Quantity Unit Unit Price 1 General Requirements 1 LS $97,500.00 2 Mobilization / Demobilization 1 LS $5,000.00 3 Storm Water Pollution Prevention Control 1 LS $1,500.00 4 Excavation Dewatering 1 LS $0.00 5 Startup and Commissioning 1 LS $0.00 GT Use Tax on City Supplied Equipment 1 LS $16,000.00 6 Sitework Demolition 1 LS $700.00 7 Existing Pump Room Demolition 1 LS $7,200.00 8 Mechanical Yard Piping Water 1 LS $48,100.00 9 Concrete Yard Vault 1 LS $12,600.00 WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 10 of 11 Project 10340.F 10 Gravity Sanitary Sewer 1 LS $7,500.00 11 Site Electrical 1 LS $11,000.00 12 Fencing 1 LS $7,800.00 13 Infiltration Basin 1 LS $3,200.00 14 Site Grading, Restoration, and Other Incidental Site Improvements 1 LS $10,000.00 15 Structural Earthwork 1 LS $3,300.00 16 Concrete Foundations, Slabs, Pads, Etc. 1 LS $26,400.00 17 Masonry Walls 1 LS $42,800.00 18 Wood Roof Trusses, Sheathing, Singles, Gutters, Etc. 1 LS $33,200.00 19 Tubular Daylighting 1 LS $2,500.00 20 Doors, Louvers, and Glass Panel Units 1 LS $11,300.00 21 Painting and Finishes 1 LS $10,000.00 22 Safety and Signage 1 LS $1,200.00 23 Electrical 1 LS $55,000.00 24 HVAC 1 LS $16,000.00 25 Plumbing 1 LS $23,200.00 26 Process Piping, Supports, Valves, and Associated Components 1 LS $50,700.00 27 Instrumentation and Controls 1 LS $10,000.00 28 Day Tank 1 LS $37,200.00 29 Chemical Transfer and Metering Pumps 1 LS $22,900.00 30 Bulk Storage Tank 1 LS $7,000.00 31 Installation of Owner -provided Equipment (Filter Vessel, Valves, Control Panels, Instruments, and Other Accessories 1 LS $6,300.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 21 IRON & MANGANESE REMOVAL TREATMENT FACILITY - CONSTRUCTION page 11 of 11 Project 10340.F CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 9/18/2014 REQUESTING DEPARTMENT PW Fund: 60 Department: Construction: X Project Name: Project Manager: Clint Worthington Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): 3490 GL Account: 96121 Project # PSA: Task Order: Well 21 Iron & Manganese Removal / Treatment Facility Sletten Construction Company/ CH2M Hill - Perrin Robinson No Contract Amount: $587.100.00 Will the project cross fiscal years? Yes X No Budget Information: FY Budget: 13/14/15 Enhancement #: FY13 #13 Grant #: Other: Type of Grant: CONTRACT CHECKLIST 103490.F BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes No X If no please state circumstances and conclusion: This award is subject to a budget approval for additional funds which must take place prior to the award of this agreement. 10 Day Waiting Period Complete: September 27, 2014 PW License # PWC -C-11847 Current? (attach print out) Corporation Status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): September 10, 2014 Date Award Posted: September 18. 2014 Yes Correct Category? Rating: A Payment and Performance Bonds Received (Date): September 10, 2014 Rating: A++ Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? Date Submitted to Clerk for Agenda: September 18, 2014 Approved by Council Issue Purchase Order No, Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: 1� iii LU c m w 10 D U) LLI ca 1� � iii c m 10 � iii i1CB1111N 111111111 r'�eme t�mm � �a eTRAKiT Page 1 of 1 Home I Setup an Account I Log In Public �, Username Password LOGIN L-�� REMEMBER ME Forgot Password/Username Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search, Search Again Download Results Fd4ntrable View Sletten Construction Company PWC -C-11847 1 00001, 00002, 00003 11, 2, 3 UNLIMITED I ACTIVE I Sletten Co < _ rir i r_. First Prov Page: 1 of 1 Next 'Last; Details - License Number: PWC -C-11847 The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Walertower St, Suite 150 Meridian ID 83642 HOME i CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/ldaho PublieWorlcsSearchRslts.aspx 9/18/2014 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE W4Viewing Business Entity 4 . - Ben Ysursa, Secretary of State [ New Search ] [ Back to Summar ] [ Get a certificate of existence for SLE EN CONSTRUCTION COMPANY ] [ Monitor SLE EN CONSTRUCTION COMPANY business filings ] SLETTEN CONSTRUCTION COMPANY BOX 2467 GREAT FALLS, MT 59403 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 07 Nov 2013 State of Origin: MONTANA Date of 17 Jan 1964 Origination/Authorization: Current Registered Agent: DON J MCCLENAHAN 805 IDAHO ST., SUITE 310 BOISE, ID 83702 Organizational ID / Filing C35142 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 21 Nov 2013 [ Help Me Print/View TIFF ] Filed 17 Jan 1964 CERTIFICATE OF AUTHORITY Amendments: [ Hel Be Printj View TIFF ] Amendment Filed 17 Jan 1964 OTHER - DA - DON J. 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O a) > N� 3t o : 2 y O a) C w B 0 *� C - -o V'` �N c a) � C a) LU 3 Q0) ::l) a) N .0 CA Z a) (0 O O O LL! '6 c � v Cm � C N @ a 0 C N c 0 C O 6 C 73 Q U E m Q C O u C U 3 s E V a aj Q C O C o L p O Y N � @ 3 p c � � m a N Q @ � @ > E o O c v a) p i Y @ U YO L @ U Y 7m, v v mag o v o Q o L o ,>. CL c O O G O E C 3 is @ Y >. 3 Q T 0 O Q o. Q N d O v E 3 0 E o > a c o L o E U @ y2 C Y N 0 0 � E 3 N N N Y C U c m m m tin � c c E v ° o c p m U c c ° o p O C Ea) v c O E L m a) y0 U V o c w a, o o v ° Z. CL > c > L a) O a F D V -O I c N E s A .a E O U B a) L 0 a (a .3 aa)) U a) O N L c o o c a N�- (6 O L c 0) o E U O B o .� O a) a) N � 7 (n a) a) E E -a cc0 L M v v v3 - c U E O t a) v 'o CL Y 4° 'O a) z 6 co al U bJ) m 0 z 0 N Mn LL m } M N N IL U C a) E E U N 0 O CL CL n Ch N s .3 U c (6 c LL T .O a a) 0 0 W N 16N V C. N W an a) } I� Q U N a7 - (0 ° Zcu 0 N o y a) ii •c ° T � ° m } (n ° mO N N m c LL v3 - c U E O t a) v 'o CL Y 4° 'O a) z 6 co al U bJ) m 0 z 0 N Mn LL m } M N N IL U C a) E E U N 0 O CL CL n Ch N s .3 U c (6 c LL T .O a a) 0 0 W N 16N V C. N W an A• • D ►TE: September 23, 2014 Legal Department: Memorandum of Understanding to Extend the Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 WEETIVG VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING TO EXTEND THE COLLECTIVE LABOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 This Memorandum of Understanding is entered into this _ day of '2014, by and between I.A.F.F. Local 4627 ("UNION") and the City of Meridian ("CITY"). WHEREAS, the UNION and the CITY are parties to a Collective Labor Agreement effective October 1, 2012 - September 30, 2014 ("CLA") covering various terms and conditions of employment of the Firefighter employees of the CITY; and WHEREAS, the parties have been diligently and in good faith meeting since June 3, 2014 to negotiate a new Agreement between the parties for 2014-2016. Additionally the parties have entered into three (3) extensions of time to continue negotiations as well. WHEREAS, the parties have nearly concluded their negotiations of all terms and conditions, but approval and ratification cannot be accomplished prior to the expiration of the current agreement on September 30, 2014. WHEREAS, the parties agree that it is in the best interests of both entities to allow the current agreement with all its terms and conditions to remain in full force and effect until the parties reach resolution on a new Agreement. THEREFORE, the parties agree to continue the existing CLA between the City and the Union in full orce and effect from October 1, 2014 until a new agreement is reached. Erik Smith, President Date Local #4627 �1 PASSED by the City Council of the City of Meridian, Idaho, this2" day of September, 2014. rld APPROVED by the Mayor of the City of Meridian, Idaho, this �3 day of September, 2014. By: Ma or T mmy de Weerd A�TTFCT -1 . Holmari, City Clerk MOU TO EXTEND THE COLLECTIVE LABOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 D, September 23, 2014 PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT AMENDMENT TO AGREEMENT Legal Department: Discussion and Approval of Addendum to Meridian Heights Water and Sewer Agreement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes UUP\ CLERKS OFFICE OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM TO THE AGREEMENT FOR THE DISSOLUTION AND TRANSFER OF ASSETS AND LIABILITIES FROM MERIDIAN HEIGHTS WATER AND SEWER DISTRICT TO THE CITY OF MERIDIAN; SETTLEMENT AGREEMENT AND RELEASE This First Addendum to the Agreement for the Dissolution and Transfer of Assets and Liabilities from Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release ("First Addendum") is made and entered into, and made effective as of the date of the latest signature below (the "Effective Date"), by, between and among MERIDIAN HEIGHTS WATER & SEWER DISTRICT, a political subdivision of the State of Idaho, and its successors, legal representatives, agents, assigns, and all other persons acting for, by, or through it (the "District"), L.C. DEVELOPMENT, INC., an Idaho corporation, and its successors, heirs, legal representatives, agents and assigns ("L.C."), and the CITY OF MERIDIAN, an Idaho municipal corporation, and its successors, legal representatives, agents, assigns, and all other persons or entities acting for, by, or through it ("City"), collectively called the "Parties." WHEREAS, the Parties entered into an Agreement for the Dissolution and Transfer of Assets and Liabilities from Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release (the "Agreement") on October 4, 2013; and WHEREAS, Section I0(d)(ii) of the Agreement contemplated that the District would take all steps necessary as required by law to issue a voter approved Revenue Bond in the amount of $1.5 million prior to Closing (as defined in the Agreement) and such bonds would be assumed by the City at Closing; and WHEREAS, Section 10(d)(ii) of the Agreement also contemplated that the District would establish a special sewer assessment on District residents prior to Closing (as defined in the Agreement) which assessments would be used to repay the bonds, and that such special assessment would survive Closing and the authority to collect the same would be transferred to the City; and WHEREAS, Section 10(e) of the Agreement contemplated that the approximate deficit of $814,575 necessary to connect District residents to both City water and sewer (the "Deficit") would be funded by the District's Revenue Bond as set forth in Section 10(d)(ii) of the Agreement; and WHEREAS, subsequent to execution of the Agreement, the District determined that it did not need to utilize the IDEQ loan referenced in Section 10(d)(i) of the Agreement; and WHEREAS, subsequent to execution of the Agreement the City Council and the Board of Directors of the District (the "Board") have continued to investigate the most economically prudent mechanism for financing the Deficit, including issuance of the bonds as contemplated in the Agreement or City financing of the Deficit; and WHEREAS, on August 19, 2014, the District held a public hearing duly published and noticed in accordance with Idaho Code §63-1311A and the Idaho Open Meetings Law on its proposed special assessment fee as contemplated in the Agreement; and WHEREAS, on September 23, 2014, the District adopted Resolution 14-6 establishing the special assessment fee as contemplated by the Agreement and this First Addendum and effective as of October 1, 2014; and WHEREAS, subsequent to execution of the Agreement, the District detennined that it would need to utilize some of its office supplies and equipment following Closing in order to finalize the District's audit and otherwise wind up the District's affairs; and WHEREAS, the City Council and the Board believe it is in the mutual best interest of the residents of the City and the District that the City finance the connection costs for the District's residents to connect to the City's water and sewer systems; and WHEREAS, the City Council and the Board desire to amend Section 10(b) to reflect that the District will transfer its office equipment and supplies to the City within a reasonable time after Closing in order to wind up the affairs of the District and to amend Sections 10(c), 10(d)(i), I0(d)(ii) and 10(e) of the Agreement to accurately reflect the Revenue Anticipation Note issued to the City by the District , the liabilities that will be transferred to the City upon Closing and to reflect the City's agreement to finance the connection costs for District residents to connect to the City's water and sewer systems upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, acknowledged by each of them to be satisfactory and adequate, the District, the City and L.C. hereby mutually undertake, promise and agree, each for itself, and its successors and assigns, as follows: 1. Amendment of Section 10(b) of the Agreement. The Parties agree that Section 10(b) of the Agreement shall be amended as follows, with deletions in strikethrough and additions in underline: Section 10(b): Transfer of Assets. Except for office supplies and equipment at the District's office, which shall be transferred to the City within a reasonable time after Closing in order that the District may wind up its affairs, at Closing MHWSD shall transfer, give and assign to the City, and the City agrees to accept the same, all subject to and upon the terms and conditions contained herein, all right, title and interest of the MHWSD in and to the Water System, Sewer System, Cash Assets, Water Rights, and Other Real and Personal Property and all other assets of the MHWSD of every kind and description, tangible or intangible, pertaining to, used in or necessary for the operation of the Water System and the Sewer System (the "Acquired Assets"), other than assets specifically excluded as set forth in Section 10(c). 2. Amendment of Section 10(c) of the Agreement. The Parties agree that Section 10(c) of the Agreement shall be amended as follows, with deletions in strikethrough and additions in underline: FIRST ADDENDUM - 2 Section 10(c): Excluded Assets. The MHWSD sewer lagoons and surrounding real property, the Easement, and the MHWSD storm water pond (i the miss... Pmperty) are specifically excluded from the assets that shall be acquired by the City pursuant to this Agreement except that the sewer lagoons and surrounding real property, consisting of 13.71 acres (the "District Properly") shall be subiect to the Revenue Anticipation Note ("RAN") issued to the City from the District described in Section 10(d)(ii) of this Agreement. The following agreements are also specifically excluded from the assets that shall be acquired by the City: (i) Service Agreement hetween the MHWSD and Francisco and Ricki Sabala for water service: (ii) MOU between the MHWSD and Francisco and Ricki Sabala; (iii) MOU between the MHWSD and Rick and Charlaine Fisch; and (iv) MOU between the MHWSD and Alexandria P. McNish. 3. Amendment of Section 10(d)(i) of the Agreement. The Parties agree that Section 10(d)(i) of the Agreement shall be amended as follows, with deletions in strikethrough and additions in underline: Section 10(d)(i): Loans. The MHWSD has an outstanding loan from IDWR with an approximate balance of $270,000 $236,481.00. These This loans shall be assumed by the City at Closing. 4. Amendment of Section 10(d)(H) of the Agreement. The Parties agree that Section I0(d)(ii) of the Agreement shall be deleted in its entirety and replaced with the following: Section 10(d)(ii): Bond Anticipation Note and Revenue Anticipation Note. The MHWSD executed a Bond Anticipation Note (`BAN") in the principal sum of $1,100,000 in favor of U.S. Bank National Association on June 24, 2011, of which the MHWSD has utilized approximately $242,803.27. The City has agreed to accept a RAN issued by the District in the amount of $622,803.27 in order for the District to pay the BAN, complete the decommissioning of the sewer lagoons, conduct the marketing, auction and sale of the District Property, and undertake the winding up of the District as set forth in this Agreement. The MHWSD anticipates using some of the proceeds from the sale of the District Property to repay the amount owing on the RAN prior to Closing. In the event that the proceeds from the sale of the District Property are insufficient to close out the RAN prior to Closing, the City agrees the outstanding balance due on the RAN at Closing shall be included in the Deficit amount and paid as described in Section 10(e) herein. 5. Amendment of Section 10(e) of the Agreement. The Parties agree that Section 10(e) of the Agreement shall be amended as follows, with deletions in strikethrough and additions in underline: Section 10(e): Funding of Deficit. The Parties acknowledge that (i) a deficit of roughly $814,575.00 is expected in order for MHWSD to connect to both City water and sewer, as reflected on Exhibit L attached hereto (the "Deficit"); (ii) there may be additional election costs of MHWSD to hold an election to dissolve the District; (iii) there may be additional costs of decommissioning the District's Sewer Lagoons if the District opts to perform the Decommissioning pursuant to 7(a) of this Agreement; (iv) there may be additional costs to wind FIRST ADDENDUM - 3 fees, marketing and fees incurred for the auction and subsequent sale of the District Property and (iv) there may be additional revenues to lower the dDeficit from the sale of the District's decommissioned Sewer Lagoon sites,; and (v) there may be add t;e«el eest., to finalize an4 ; e 44 „ eetie« to !'tity sen,ieesnet being paid ., e..A;«ed herein by the Cit., or 1,.. T — . 1, eevered by the a ;..ti«.. Revenue Bond available to the M14W8D .pen the te««.......d ,.,..,.1' PaAies agree to eeepeFt4e in good faM to iise m few Revenue Bond ftmds as possible to limit the te..ms t1,eree f a«,1 appl;eable laws, mie..and .Mations (1) In the event that the sale of the District Property results in the District being able to nay all of the debts and obligations described in I O(e)(iii) & (iv) herein, so lone as the special assessment does not have to be increased from that established by the District Board on September 23, 2014, the District and the City will apply any surplus funds equally to reduce the City's credit described in Section 9 of the Agreement and the Deficit described in the First Addendum. (2) In the event the District is not able to sell the District Property for the minimum bid set at the auction and in subsequent sales attempts, the District and the City agree to meet to jointly decide how to best address the sale or retention of the District Property to pay the RAN and address the Deficit before Closing. At that time, if desired by the City and allowed by applicable law, the District will provide the City a Deed of Trust or other suitable security in the sewer District Property. (3) The Parties agree that the City will finance the Deficit upon the following terms and conditions: Amount: $814,575.00, or such other amount as agreed to by the City and the District prior to Closing including any sum owing on the RAN as described in Section 10(d)(ii) herein. Administrative Fee: 3.5% annually ial Assessment Fee: The MHWSD agrees to establish a special assessment fee pursuant to Idaho law for its residents which assessment shall be used to repay the Deficit financing. The special assessment fee shall survive Closing and all authority to collect the same shall be transferred to the City. The special assessment fee shall include the administrative fee as set forth herein and may provide for a lump sum payment by District users. The Parties agree to work together to limit as much as possible the monthly water and sewer rates and other costs to MHWSD residents. At such time as the Deficit is paid in full, not to exceed twenty (20) years, the City agrees to remove the FIRST ADDENDUM - 4 special assessment fee from the properties within the MHWSD The City agrees to notify the residents within the MHWSD at least annually of the balance due on the Deficit and the approximate date that the special assessment fee will cease. 6. Remaining Terms. All other terms of the Agreement shall remain in full force and effect. 7. Counterparts. This Addendum may be executed in counterparts, each of which shall constitute and original. CITY OF MERIDIAN Tammy erd, Mai Date: a3 ATTEST Jaycee H&man, City Clerk L.C. DEVELOPMENT, INC. Lee Centers, President Date: Approved as to form: CITY OF MERIDIAN FIRST ADDENDUM - 5 MERIDIAN HEIGHTS WATER & SEWER DISTRICT �- By: Gord Hamilton, Chairman Date: ---5f z a o ATTEST: / II 6 W I i William Nary, City Attorney MOORE SMITH BUXTON & TURCKE, CHTD. Susan E. Buxton, of the firm Attorneys for Meridian Heights Water & Sewer District WILSON & MCCOLL Brian F. Wilson Attorneys for L.C. Development, Inc. FIRST ADDENDUM - 6 DATE: September 23, 2014 PROJECT NUMBER:RZ 14-005 Ordinance No. I' - ( (P : RZ 14-005 Soufhridge Commercial: An Ordinance for the Re -zone of a Parcel of Land Located Southwest Corner of S. Linder Road and W. Overland Road of 7.41 +/- acres from TN -C fo the C -C Zoning District MEETING NOTES a _ " Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Future Meeting Topics Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS