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HomeMy WebLinkAbout2023-10-24 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 24, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Mayor Robert E. Simison ABSENT Councilman Luke Cavener ADOPTION OF AGENDA Adopted as Amended (Items 6 and 13 vacated) CONSENT AGENDA \[Action Item\] Approved Motion to approve (except Item 6) made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault 1. Approve Minutes of the October 17, 2023 City Council Work Session 2. Approve Minutes of the October 17, 2023 City Council Regular Meeting 3. Apex Northwest Subdivision No.4 Water Main Easement No. 1 (ESMT-2023-0150) 4. In-n-Out Burgers Water Main Easement (ESMT-2023-0151) 5. Findings of Fact; Conclusions of Law for Petsche Rezone (H-2023-0039) by Tammy Petsche, located at 1508 N. Meridian Rd. 6. Approval of Equipment Purchase Contract with FilmTec Corporation, a subsidiary of DuPont. for the WRRF Tertiary Filter Membrane – Equipment Purchase project for the Not-To-Exceed amount of $6,809,834.00 Vacated 7. Approval of Construction Contract to JC Constructors, Inc. for the Aeration Basins 1 – 4 Retrofits and 9 & 10 Upgrades project for the Not-To-Exceed amount of $25,134,000.00 8. Approval of Construction Contract to Stroth General, LLC. for the Well 9C Pumping Facility project for the Not-To-Exceed amount of $1,457,222.00 9. Acceptance Agreement for Public Art at Five Mile Creek Pathway Trailhub: "Water Metrics" 10. Resolution No. 23-2421: Final Acceptance of "Water Metrics" Art Installation by Eileen Gay, and Providing an Effective Date 11. Acceptance Agreement for Discovery Park Artwork: "The Hole Ball Game" 12. Resolution No. 23-2422: Final Acceptance of "The Hole Ball Game" Art Installation by UrbanRock Design, and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 13. Light My Fire Check Presentation Vacated 14. Mayor's Youth Advisory Council (MYAC) Bi-monthly Update 15. Emergency Housing Assistance Grant Update from Jesse Tree ADJOURNMENT 5:27 PM Meridian City Council Work Session October 24, 2023. A Meeting of the Meridian City Council was called to order at 4:32 p.m. Tuesday, October 24, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Jessica Perreault, Liz Strader and John Overton. Members Absent: Luke Cavener. Others Present: Chris Johnson, Tina Lomeli, Bill Nary, Chris McGilvery, and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton X Jessica Perreault Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 24th, 2023, at 4:32 p.m. We will begin today's City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On the agenda we are going to vacate Items No. 6 and No. 13 from today's agenda. So, with those items vacated I move adoption of the agenda as amended. Overton: Second. Simison: Okay. Have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 17, 2023 City Council Work Session Meridian City Council Work Session October 24,2023 Page 2 of 14 2. Approve Minutes of the October 17, 2023 City Council Regular Meeting 3. Apex Northwest Subdivision No. 4 Water Main Easement No. 1 (ESMT-2023-0150) 4. In-n-Out Burgers Water Main Easement (ESMT-2023-0151) 5. Findings of Fact; Conclusions of Law for Petsche Rezone (H-2023- 0039) by Tammy Petsche, located at 1508 N. Meridian Rd. 7. Approval of Construction Contract to JC Constructors, Inc. for the Aeration Basins 1 — 4 Retrofits and 9 & 10 Upgrades project for the Not-To-Exceed amount of $25,134,000.00 8. Approval of Construction Contract to Stroth General, LLC. for the Well 9C Pumping Facility project for the Not-To-Exceed amount of $1,457,222.00 9. Acceptance Agreement for Public Art at Five Mile Creek Pathway Trailhub: "Water Metrics" 10. Resolution No. 23-2421: Final Acceptance of "Water Metrics" Art Installation by Eileen Gay, and Providing an Effective Date 11. Acceptance Agreement for Discovery Park Artwork: "The Hole Ball Game" 12. Resolution No. 23-2422: Final Acceptance of "The Hole Ball Game" Art Installation by UrbanRock Design, and Providing an Effective Date Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We have removed Item 6 from the Consent Agenda. So, I move approval of the Consent Agenda as amended and for the Mayor to sign and Clerk to attest. Overton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. Meridian City Council Work Session October 24,2023 Page 3 of 14 MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Light My Fire Check Presentation Simison: So go on to Department/Commission Reports. Item 13 was vacated. 14. Mayor's Youth Advisory Council (MYAC) Bi-monthly Update Simison: So, we will move on to Item 14, which is the Mayor's Youth Advisory Council for their bi-monthly update and we will turn this over to Sahand for the introductions. Rahbar: Mr. Mayor, City Council Members, thank you so much for making the time for us to attend your workshop and share some information about MYAC. It is my pleasure to introduce two of the seniors on our executive council, Isabella Degelman and Valeria Avila-Orozco, who will talk a little bit about what MYAC has been up to since the beginning of the summer and what they are planning to do in the months ahead. Degelman: Mr. Mayor, City Council Members, thank you so much for having us today. My name is Isabella. I am the current chair of MYAC this year and I am a senior at Renaissance. Avila-Orozco: Hi. My name is Valeria Avila and I am also a senior at Renaissance and I'm currently the communications coordinator for MYAC. Degelman: And during our presentation we are just going to give a brief overview of what MYAC has been doing from June through October. So, beginning with government affairs. Avila-Orozco: So, we had Chris Johnson as our first guest speaker and it was an absolute blast, because a lot of our general council MYACers don't know much about what the city clerk does and so we got to learn about his everyday activities that he does as the city clerk and how much he actually does for our city. We also did this at our last MYAC meeting. So, with elections coming up and also in general high school seniors are turning 18 we decided to hand out flyers just informing everyone in the community that if you turn 18 you are able to register to vote and so we handed out these flyers during our meeting and they -- our general council members will be putting these flyers in schools, libraries, club meetings, anywhere they see fit with the permission of the establishment. We have also continued this activity from last year. It's the mind ready Kahoot quizzes from the podcast that the Mayor does with our government officials and we use this as a way to have our general council learn more Meridian City Council Work Session October 24,2023 Page 4 of 14 about the government of Meridian, because there is so much to learn about the government and these podcasts allow our general council to learn about it and it gives them a fun incentive that we do at every meeting. Degelman: Okay. And then now moving on to community service. One of the first events that we had to start off our year for MYAC was the Scentsy Rock-a-thon, which is an event that we participated in last year as well. This happened on September 8th. So, MYACers during this event rocked in rocking chairs alongside Eagle Road to help raise money for the Idaho Youth Ranch. So, this consisted of us holding up signs and, then, cheering on people who were coming by. The event in total out of all the people who came was able to raise 260,000 dollars for the Idaho Youth Ranch and MYAC was super grateful to be a part of it. And, then, alongside that we have also done the walk to end Alzheimer's, which is an annual event that we participate in. This happened on September 30th. So, during this event MYACers were tasked with cheering on the participants and, then, also guiding them along the walk path. So, this year the event was a huge success. It had 744 total participants and was able to raise 196,000 dollars for the Alzheimer's Association. And, then, most recently at our general council meeting yesterday we are decorating for a trunk or tree and holiday helpers. So, trunk or treat is something that's happening at Meridian City Hall on Thursday. So, MYAC is having a booth at that, so general council members were tasked with making decorations for our photo booth that we are going to be having and, then, alongside that we are also doing holiday helpers with the association the United Way and during that we are also doing a photo prop with that, so MYACers were helping to build a snowman and such for that. Avila-Orozco: Now, moving on to our leadership development. So, we have the Treasure Valley Youth Safety Summit. We participated in this event last year again and MYAC -- we were able to help run the event by helping people sign in and we also were able to participate in the event and learning a lot about what issues happen with drunk driving and how you shouldn't text and drive and different things like that. We had a very important speaker there, Natalie Marti, who had a powerful story about her experience with a drunk driver and it truly motivated a lot of people and you could tell that people actually learned a lot from that experience and how they shouldn't be drunk while driving. We also had AIC. This was just for executive council members of MYAC. Five of our members attended and it is an amazing opportunity where we were able to get to know each other better and it helps us communicate and coordinate better as an executive council for MYAC members and during this we were able to do a community service project and also meet with other executive councils from around Idaho and know what they do at their MYACs and what works well and incorporate that into our own meetings. Degelman: And, then, the next thing we have up is we have some more upcoming events and other events that we have done through MYAC. So, one of our upcoming events, like I mentioned previously we have trunk or treat that's happening on October 26th, this Thursday at Meridian City Hall where we are going to be doing a photo booth. At our next general council meeting on November 6th we are really excited, because we were able to secure Dr. Bub, the superintendent of the West Ada School District, to Meridian City Council Work Session October 24,2023 Page 5 of 14 come in as a guest speaker during this meeting and talk a little bit about leadership development, one of our main pillars of MYAC. On November 7th we are going to be doing the Holiday Helpers with United Way of Treasure Valley and on the 11th we have Rake Up Meridian, an annual event that MYAC participates in to help those rake up their lawns who are unable to do so. On December 6th we are hoping to do a legislative panel as part of our meeting and, then, also in December we are going to do our annual volunteering at the Idaho Botanical Gardens. And, then, upcoming in the spring we are planning to do a voter registration drive. We also have Mad City Money, an event that we do annually to teach MYACers more about financial responsibility and, then, we also have #dotherightday and, then, senior prom as well, which is an event that we put on every year and something that actually won us an award at the Association of Idaho Cities conference this year. Thank you guys. Avila-Orozco: Thank you. Simison: Thank you. Council, any questions or comments? And I know we don't have Councilman Cavener here, who is normally our MYAC individual. So, Councilman Hoaglun, any comments? Hoaglun: I would -- Mr. Mayor, thank you. I was just kind of curious. It's your senior year and we are going to head into the holidays and next thing you know it's springtime and you guys are getting ready -- looking at other adventures. What -- what has MYAC kind of taught you so far that -- I don't know if it's surprising, but something you have gained from being in a leadership role, first of all, but also just learning more about your community? Is there anything that stands out? Avila-Orozco: Yeah. So, I have been with MYAC since my sophomore year and I think MYAC has taught me so much how to communicate with people. It not only -- like you have to get out of your shell to meet new MYAC members, but also learning and meeting with the Mayor when he is there at meetings and even just talking to Sahand -- you get to talk to adults that you think are in power and it teaches you how to learn -- it teaches -- MYAC teaches you how to speak to those individuals and also like gain the confidence to speak to them. Degelman: Yeah. I agree. I definitely think it's helped improve my communication and being a leader. Presenting in front of City Council is something that I never would have thought of doing my sophomore year. So, it's a really good experience and I think MYAC has also provided me with the opportunity to get involved with my community. I think being a teenager it's definitely difficult to get involved with your community as you are often limited by your age, but I think MYAC has definitely given me a way to do so and offered me a platform to be able to do that. Hoaglun: Thank you. Appreciate that. Overton: Mr. Mayor? Meridian City Council Work Session October 24,2023 Page 6 of 14 Simison: Councilman Overton. Overton: Thank you for everything you do. In fact, everyone on MYAC. I think you realize by now that when you do all these different events and fundraisers that if it wasn't for folks like you many of these things would never happen. So, not just to thank you to you, but everybody who helps you make this work and that's what's good about our community, whether it's an Alzheimer's walk, whether it's rocking rocking chairs -- folks like you are what makes those happen and makes them successful. I didn't hear in your list of things coming up -- and maybe it's because they are past. Do you still work with the Meridian Anti-Drug Coalition? MADC. Degelman: Yes, we do. So, the Meridian Anti-Drug Coalition was at our Treasure Valley Youth Safety Summit that we did, so we have them there and, then, in the last year we actually participated with them, too. They provided some money for MYAC to like put on an event to inform students about the Meridian Anti-Drug Coalition. Overton: Great. Thank you. Simison: Well, thank you very much. Appreciate it. And I know -- we have got an unfortunate situation coming up with a lot of Monday conflicts with holidays and whatnot, so we are really trying to work through that through the semester. I know it can be a challenge. But I know you guys will find a way to get everything organized and move everyone forward and get them all off. Thank you. Degelman: Thank you. 15. Emergency Housing Assistance Grant Update from Jesse Tree Simison: Okay. Next item up is emergency housing assistance grant update from Jesse Tree and -- anybody online? And Ali is not online or in the audience. I don't know if we want to take a few minute break to see -- if they plan on giving -- coming or showing up. Mr. Borton? Borton: Yeah. I think they were. Maybe just a quick break. Simison: All right. Let's take an up to ten minute recess and maybe keep your -- we will keep our cameras on in case we can come back sooner. Thanks. (Recess: 4:45 p.m. to 4:57 p.m.) Simison: All right. Council, we will go ahead and come back from recess and we will continue on with Item 15, which is the emergency -- emergency housing assistance grant update from Jesse Tree and I will invite Ali and Evan up to the podium. Rabe: Mayor and Council, my name is Ali Rabe. I'm the executive director at Jesse Tree. Meridian City Council Work Session October 24,2023 Page 7 of 14 Stewart: My name is Evan Stewart, the program director at Jesse Tree. Rabe: And I just want to apologize for us being late. We saw ourselves being last on the agenda, so -- also took us an hour to get here from Boise. So, apologize for that. But thank you for making the time to have us present here. You all made a really significant investment into keeping people housed in the City of Meridian and we think it's important for us to report back on how that went and what we accomplished with the funding that you provided our agency. We did provide a handout and I will e-mail that to Danielle after this for distribution, but the first page is just highlighting some of the accomplishments that we reached with -- with the funding. The second page is the number of applications for emergency rental assistance we were receiving from renters in Meridian who are being evicted by month and the last page is the amount of financial assistance we are providing to residents in the City of Meridian by month as well. What we are going to talk about today is just what we applied for with the grant. What we accomplished with the grant. We will share a couple of client stories and, then, just talk to you about what we are seeing in Meridian right now. So, as many of you know Jesse Tree is an eviction prevention agency that provides one-time emergency rental assistance and supportive services to renters who are being evicted. We have been around for 25 years and more recently have definitely been more active and growing to meet the growing need for services just with rent having increased by 40 percent here locally over the last few years. In light of the issues around eviction and a lot of renters, you know, facing -- facing issues on being unable to pay their rent, the City of Meridian released the emergency housing assistance RFP last fall. Jesse Tree received -- applied for and received that funding for 250,000 dollars. In our grant we projected to serve 120 families from Meridian who were being evicted with emergency rental assistance and all the funding we put -- we applied for is committed for use with emergency rent, while we were committed to using separate funding to provide case management services and support services. As we mentioned in our application, emergency rental assistance at the time of application was a great need. As COVID era funds for rental assistance were set to expire we were at risk of reducing our services for renters in Meridian by 75 percent from about 40 -- from, you know, ten to much less than that and the grant funding allowed us to sustain the level of services we provided to renters residing in Meridian from last year through this year. So, I'm going to let Evan talk about what we accomplished with the grant. Stewart: Yeah. So, over a ten month period Jesse Tree administered 250,000 dollars to 95 client households. The number of -- number of households served was 25 less than committed in our grant application, mostly due to our organization encountering more tenants with larger sums of rent owed than anticipated. On average each household was provided with 2,631 dollars in emergency rental assistance funding. Every household served was under the 80 percent area median income, which is roughly 4,754 monthly income for a household of two. However, the -- however, the majority of households served were under the 30 percent area median income, which is 1,783 dollars of monthly income for a household of two. Jesse Tree -- basically the way we work is we operate like an emergency room in a hospital. So, we triage cases based on the level of need and urgency. The tenants served were all in urgent Meridian City Council Work Session October 24,2023 Page 8 of 14 situations and at high risk of eviction and homelessness if they were not to receive any services at all. Every household was in the legal eviction process primarily for nonpayment of rent. That's the trend that we are seeing for the reason why people are at risk of losing their housing. So, they all received a three day notice from their landlord or we assisted them directly in eviction court to prevent that going on their record. Each tenant household gets assigned to an experienced Jesse Tree case manager. All of our case managers are trained in social work, conflict resolution, budgeting. So, every household that receives case management -- case management services gets budget -- budgeting help. So, we look pretty deeply into their -- what their current spending habits are. Good advice into their projected months moving forward in terms of reducing some of those expenses for other bills that they have or just best practices to try to help prioritize, you know, their need over anything else in terms of housing. Yeah. We also get people -- all the case managers are trained in all the different resources in the community. So, we get people connected to different resources and we tailor housing -- housing stability plans for, you know, short-term, long-term goals towards gaining more housing sustainability moving forward. Jesse Tree does serve additional Meridian clients with private and other grant funding as well. So, some of that funding is through the Meridian CDBG program, but also the campaign to end family homelessness here in Ada county, which is run through more of a public- private partnership seeking to end family homelessness in Ada county and that's in collaboration with Our Path Home and a majority of private funding comes from individual donors within our community. Overall -- so, our organization did support 179 households with case management services. All those families and households were at risk of being evicted in Meridian this year. Of the 179 households that were served Jesse Tree was able to help 62 of those households self-resolve without any direct financial assistance from Jesse Tree and that's really where a lot of that case management comes into practice and of the 179 households 117 did receive direct financial assistance from Jesse Tree, which gets paid to the landlord. It's strictly for rental assistance to prevent an eviction or from people losing their rentals and, of course, 95 of those out of the 117 were supported through the ARPA project through the emergency housing assistance project from -- from the -- from Meridian and on average we are assisting about 15 households each month from the City of Meridian. Oh, sure. So, I can go ahead and share our first client story. So, we have two of them. This household was directly assisted through the Meridian emergency housing assistance through the ARPA project. So, I will go ahead and read off the story. James is a Meridian client whom we have worked with through our community health program at Jesse Tree. When James' partner unexpectedly moved out of their apartment this summer he was left with the full rent to cover. Jesse Tree was able to provide emergency rental assistance to keep James housed during this difficult transition. His case manager recognized that he was uninsured and assisted in navigating community resources and also assisted -- assisted James with applying for Medicaid. Shortly after this James suffered an injury, which led to two hernias. James is resilient, but because of the physical nature of his work and his jobs he was not given a -- he was -- his hours were cut as a result of the injury. James has been working with our staff to gain access to Medicaid, but he has been delayed due to his employer not completing the work verification form that's required for Medicaid. Our staff member who is working with Meridian City Council Work Session October 24,2023 Page 9 of 14 James reached out to contacts at Health and Welfare to troubleshoot this issue, so that he can gain insurance coverage and receive the medical care needed to recover from his injury and return to work. Our staff members also provided concrete resources to help with food, gas, and hygiene items and also provided direct referrals to agencies, such as EI-Ada to help with any sort of utility assistance and also the West Ada School District, because James does have a -- is a single parent. Jesse Trees' case manager has provided support and help his client maintain his housing and his hope through a challenging time. Rabe: And I'm just going to share one more and, then, kind of talk about what we are seeing in Meridian moving forward currently in this market. So, Jill is another -- another single parent. We serve a lot of single parent households. But she parents a 17 year old son. She owns her RV, but was renting a space in an RV park here in Meridian. While living in her RV was not her ideal housing situation, she was grateful to have it to fall back on when her previous housing situation fell through due to ongoing rent increases that surpassed her income. She -- Jill has a permanent disability and her only source of income was SSDI, giving her about 300 dollars to live off after paying for rent. So, Jill was also recently widowed, part of what led her to living in the RV. She lost her husband during the pandemic due to health issues and covering bills after her husband's death, moving and increasing cost of living caused her to fall behind in her lot rent where she was living with -- in her RV. We were able to catch her up on the past due rent and utility balance that was paid, so she could catch up on her other bills, which included school expenses for her son, paying for groceries, paying for other, you know, essential expenses that she was facing. So, just a couple of stories of many. We also provided photos of a couple of our clients and a handout that we provided and another client there that we served in eviction court. So, just want to put a face to the funding. You know, we say 95 families, but you think about what those families were going through and the ripple effects that our, you know, support had for them to be able to stay in their homes -- not only for them, but for their children being able to have a stable place and not end up on the street or elsewhere. It's -- it just means a lot to each person -- each family that we serve. So, moving forward this funding was a really great resource. We just continue to be concerned about what it will look like moving forward and we -- while we have other private resources and we do try to fundraise as much as possible, as I mentioned, we are -- we are serving about 15 families just using private funding and other funding each month from Meridian and about up to a hundred families total in the Treasure Valley. We don't have the capacity to sustain the level of need that we are seeing. We do continue to see increased need as mentioned through the pandemic and there was, you know, a drastic rent increase in our area. There were federal housing funds available that were passed through the pandemic and, you know, while we saw that rent increase, which was kind of a safety net for a lot of folks, but recently, you know, with our funds timing out last year and now more recently some additional funds timing out with the Boise City, Ada County Housing Authority, we do see increased need here in Meridian and across -- across Ada county. So, currently we are seeing about 70 applications each month from residents in the City of Meridian. All those applications -- each month 70 folks are in the legal eviction process. So, they have received a three day notice from their landlord or they are in eviction court. In Meridian City Council Work Session October 24,2023 Page 10 of 14 2022 when we last spoke with you and even earlier this year the number of applications we were seeing was closer to 20 to 40 applications each month. Even close -- just a couple of months ago we were seeing more like 50 applications, so you can see that in your handout. So, that -- that more 70 number has been consistent for two months since we are seeing the effects of the federal funding from the housing authority timing out, kind of the effect of that on -- on folks. We are also seeing about 50 eviction hearings in Ada county each week. Majority of those are happening to Boise residents, but we are seeing a good number of Meridian residents there in court as well. Previously while now we are seeing 50 hearings a week consistently in Ada county, even just a few months ago that number was closer to 20 to 30 pretty consistently. So -- so, we are seeing increased need especially over the last couple of months and we will be happy to continue to update Council on what we see through the end of the year. So, just wanted to mention that. We are going to continue to, you know, try to raise as much -- as much funding as we can and partner with Our Path Home and -- and other funders across the valley to serve as many -- as many residents as we can here. Certainly this funding was great and allowed us to do a lot more than we would have been able to and so thank you for allowing us to do that and I think it shows real foresight for the city to invest in an intervention like eviction prevention just, you know, as we are seeing across the country. Eviction is -- is a real problem and oftentimes homelessness is a direct result of that, especially because when you get an eviction you have that permanently on your record, it makes it really difficult to -- to find new housing permanently and so think that this was a really good investment. On average, as mentioned, it costs us just over 2,000 dollars to keep a family in their home and we know from our partnership it costs 15,000 dollars to get someone out of homelessness after they have fallen into that situation and so it's a good financial investment that you all made, you know, think saving the city funding and, obviously, keeping a lot of your residents in housed situations through a difficult time over the last year, so -- so thank you for that and your partnership. We really appreciate it and happy to answer any questions that you have. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks for being here. A couple questions. I was curious if you have seen any hotspots where there were multiple evictions in one apartment complex. The reason I ask is we had some situations in Boise where people were told to like move out with like three days advance notice and, you know, the landowner in that case said that they had to make repairs and people were really left scrambling and I just also was noticing that you are spending by month looks kind of seasonal or looks like it spiked a lot in July and August. So, that was the reason for the question. Rabe: Yeah. Off the top of our head we can't think of any mass evictions that happened in Meridian. Really saw quite a diversity of landlords that we were working Meridian City Council Work Session October 24,2023 Page 11 of 14 with out here and definitely a diversity of -- in the type of situations we were seeing. We could provide you with the names of the landlords potentially that we paid if that's something you would be interested in, so -- Stewart: We do have a -- we do have data that we collect on different companies that take people to eviction court. We definitely see some routinely take them, you know, weekly and we get -- we do collect all that data. I do have a -- there is a few that I can kind of think of, but I would first like to maybe check the data first. I don't want to go on the record and say anything, but -- but we do collect that data, that information. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. It was more of an area of concern. If you saw like something specific. If that was widespread. It doesn't sound like that's the case. You kind of mentioned a couple of these cases that were examples, like James and Jill, and I appreciate a lot about what your organization is trying to do is help somebody get back on their feet so they can support themselves and not become a burden on the taxpayers. Can you just kind of walk us through -- like what does a housing sustainability plan look like for one of these examples? How -- as you mentioned helping them with budgeting, helping them kind of get on their feet, but how do you sort of help them going forward to support themselves? Stewart: Yeah. So, our case managers do take quite a bit of time working with clients. It's kind of a group effort -- team effort between the household and the case manager, but routinely the -- you know, we collect information, we want to know kind of what the situation is, what are their -- their goals, what are their -- you know, their interests, what are things that can be done to help a client pursue those goals, but also trying to increase, you know, their income, so we come up with a lot of different best practices in terms of, you know, what people can do in a pinch to, you know, increase some of their income. Steps on how to ask your employer for, you know, a raise or asking for more hours, overtime, you know, which is -- not everybody knows how to do that. It's kind of a -- people are usually a little afraid to do that. But we do try to give some of the best advice in terms of that. Mostly we get some training from people from the banking world where they have taught a lot of our case managers some of these different things, how to really identify sort of like your needs versus your wants in terms of budgeting skills and how to do that. So, we always go over basically the last -- the most previous or current month's budget, so we can ask for like bank statements, we can go through that. The goal is to project moving forward what sort of expenses can be reduced to kind of put somebody in the black -- you know, in the black so that they, you know, have some -- some income moving forward where they can cover their utilities, their -- their rent, you know, and -- but also to prioritize, you know -- you know, goals for children that they might have. But really it's -- it's adding, you know, as many different resources that are tailored towards this person's goal. There is a lot of different agencies that can provide different services outside of our scope of work in terms of child care, in terms of different Meridian City Council Work Session October 24,2023 Page 12 of 14 counseling. We work with clients who have never seen a doctor before. Maybe it's been numerous years. So, we can help navigate that landscape. We do have a community health worker on staff, too, who works with people a little bit more long term for some of those healthcare goals. We mostly, you know, also can send direct referrals as well. But really we are asked -- our case managers are asking people really what their short-term goals are, what their -- what's their long-term goals. We work on different steps and, then, do follow-ups to check in on how people are doing, because our goal is for people not to return anytime soon. We do try to -- we do stick to that, you know, one time assistance at least in terms of financial assistance, but case management that can go, you know, a little bit further than the financial assistance piece, because, you know, the eviction process moves really fast and so that's something that we try to alleviate or help the client overcome, but our goal is to, you know, try to at least help with some of the more supportive services and our -- our goal has always been to really improve the quality of that, because right now there is really no other agencies that can provide any sort of, you know, short-term or long-term rental assistance or subsidies. We are kind of it now in the community, which we help people in both Ada and Canyon county. You know, our volume has gone up so much with a lot of these other programs not really available. So, really, our goal is just to really hone in on our case management quality skills and supportive services, because, you know, we don't have enough financial assets to pay everybody's rent. Rabe: I just want to say -- add if I may the -- the goal, you know, with the emergency rental assistance really helps us get them through that immediate eviction, but, then, the case management is really tailored at making sure that they don't fall into that situation again. And I want to answer your other question about the increased spending July, August super quick. That's when the Boise City-Ada County Housing Authority funding ran out, so we started to see increased applications around that time from residents in Meridian. Also just increased need. We do see in the summertime with families having more issues, challenges with childcare with school being out, so -- Simison: Council Woman Strader, do you have another follow up? Strader: Oh, just -- yeah. Just a comment. I appreciate that context. I mean I think it's really -- I like your process and how you are trying to support somebody who might have multiple things going on to help them get on their feet again. That financial education component is so important. You know, it's a huge blind spot. Has been for years. I appreciate that now our schools are going to be providing financial education going forward, because, you know, people have something happen to them and, then, they can get overwhelmed and if they don't have that understanding of how to budget it can just be really difficult for them. So, I like that you are helping give people the skills to get out of the mess that they are in. So, I appreciate you kind of providing these examples, because I think it helps paint a picture of where the resources are going. Seal: Council Woman Perreault. Meridian City Council Work Session October 24,2023 Page 13 of 14 Perreault: Thank you. Good to see you both. Really appreciate you sharing all of this information -- all the stats with us. It's -- it's heartbreaking conversations to have and I'm so grateful that -- that you have counselors that folks can call, because, you know, when there is nowhere for people to turn and housing being a very basic need, folks tend to maybe not make the best choices in those circumstances, because it's frightening and it truly is an emergency. So, I appreciate that you don't leave them with just paying for a couple months rent and -- and not help them move forward. But I just have a couple of quick questions about the numbers that you shared. First -- my first question is is there a specific --- another and -- or certainly maybe demographic and if you are allowed to share that. I don't know if there is privacy restrictions on that and, then, also how many folks are making repeat requests? I think I heard you say that they only are allowed to utilize the benefits one time, but I'm curious if you see a lot of folks coming back within, you know, maybe a one to two year period. Stewart: Sure. I can answer that. So, the demographics that we are seeing I think matches national trends in terms of homelessness prevention and eviction prevention. Mostly we are seeing single parents, single female head of household parents, people who also self-report having a disabling condition is pretty -- pretty common for us and people who are on the more fixed income. People who are at that 30 percent area median income and below as well, it's -- I think matches a lot of national trends that are out there, too. In terms of repeat people, we definitely see people calling more just because there is not a lot of other agencies out there that can provide the level of services that Jesse Tree can. Our volumes skyrocketed to -- we are getting over 3,000 calls a month. We are seeing more applications being submitted as well. But, yeah, mean we will see people -- maybe we have helped them a year ago -- reapply the next year. But, yeah, we are definitely seeing people reaching out for additional services as well. Rabe: And I will just add that though we don't always provide repeat clients with financial assistance, we do try to provide them with supportive services to kind of help them navigate the situation. We also do share data with the homeless shelters here locally and Our Path Home connect -- which collects data on everyone who is experiencing homelessness in Ada county and we know that of the thousands of clients we have served since 2018 only five percent of them have gone to the shelters. So, even though some people do call back for resources, problem solving, sometimes financial assistance, a lot of those folks are not actually ending up in our -- in our homeless system, which is -- which is promising, so -- Simison: Okay. Thank you. Council, any additional questions? Or comments? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will just briefly comment. I love it. I'm so happy for this in hearing this data. knew you guys would knock it out of the park. The holistic approach that you presented Meridian City Council Work Session October 24,2023 Page 14 of 14 in your -- in your RFP response, you have done just that and I think a lot of the success you are reporting to us is due to that. It's not just rental assistance. This self-resolution statistic is fantastic. There is just so many success stories. We do a lot of things with the city on a -- on a macro level, but this really hits at the micro and the individual families and you make such a lasting change. I'm just proud of you both and your whole organization. Jesse Tree killed it. I love it. So, I'm just -- just happy. I don't have any questions. I just love to hear the great results and you have made a lifelong distance -- lifelong difference in a lot of Meridian families and we talked about this idea and I was kind of pushy about it, focusing on trying to keep some Meridian families in Meridian, giving them a chance to be successful and stay in our community and you have done that and as elected leaders in the city I think that's a big part of our focus and you -- you have helped them so much. So, I'm just proud of you both and to Jesse Tree and thank you for the great work and great report. Simison: All right. Well, thank you very much. Appreciate it. Rabe: Thank you all. Stewart: Thank you. Simison: Okay. With that we are at the end of our meeting. Do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-8-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 11-8-2023 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 17, 2023 City Council Work Session Meridian City Council Work Session October 17,2023 Page 22 of 22 Simison: Thanks. I think he appreciates that, so -- Hood: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn our work session. Cavener: Second. Simison: Have a motion and a second to adjourn the work session. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _10 / 24 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 17, 2023 City Council Regular Meeting Meridian City Council October 17,2023 Page 8of8 Simison: With that we will move on to Item 5. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code Section 74- 206(1)(d). Overton: Second. Simison: Have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries. The item is agreed to. We will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:14 p.m. to 6:53 p.m.) (Hoaglun motion to come out of Executive Session. Affirmative vote.) (Nothing under "Future Meeting Topics".) (Hoaglun motioned to adjourn.) MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 24 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK �I c� E IDIAN� AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No.4 Water Main Easement No. 1 (ESMT-2023- 0150) ADA COUNTY RECORDER Trent Tripple 2023-060410 BOISE IDAHO Pgs=6 ANGIE STEELE 10/24/2023 04:44 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): :Apex Northwest Subdivision No,;-4 Water Main Easement Number: . Identify this Easement by sequential number if Project contains more than one Water Main casement. (See Instructions for additional information). ESMT-2023-0150 WATER MAIN EASEMENT THIS Easement Agreement, made this 24th day ofOctober ® 20 23 between Brighton Development Inc. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Granted"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE,in consideration of the benefits to be received by the Grantor,and other -good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains 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 water mains and their allied facilities, together with their maintenance, repair and replacement 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Page I Version 04/17/2023 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Brighton Development Inc. A4tWT---1) J athan . War , President STA E F IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 10/10/2023 (date) by Jonathan D. Wardle (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of _Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) N a Signature CC 'r[151 �AMANDA MURRY Myommission E ires: T COMMISSION#29528 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 04/15/2029 Water Main Easement Page 2 Version 04/17/2023 km E N G I N E E R I N G October 9, 2023 Apex Northwest Subdivision No.4 Project No. 22-053 Legal Description City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the South 1/4 corner of said Section 31,which bears N89*42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Southeast corner of said Section 31; Thence following the westerly line of Southwest 1/4 of the Southeast 1/4 of said Section 31, N00°16'52"E a distance of 1,342.44 feet to the Center-South 1/16 corner of said Section 31; Thence leaving said westerly line of said Southwest 1/4 of the Southeast 1/4 and following the westerly line of the Northwest 1/4 of the Southeast 1/4 of said Section 31, N00*16'52"E a distance of 92.56 feet; Thence leaving said westerly line,S89°42'21"E a distance of 64.50 feet to the POINT OF BEGINNING. Thence N00°17'39"E a distance of 30.00 feet; Thence S89°42'21"E a distance of 20.00 feet; Thence S00°17'39"W a distance of 30.00 feet; Thence N89°42'21"W a distance of 20.00 feet to the POINT OFBEGINNING, Said parcel contains 600 square feet,more or less, and is subject to any existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 5g1�Cs1 S � �` 1 ✓� a 12459 0 OF ic, q , z���3 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com J0L3 L4 Brighton Development, Inc. J S1131417210 Shafer View L6 Estates POINT OF BEGINNING C—S 1/16 CORNESECTION 3 E. Crescendo St. (Proposed) _ Proposed Apex Northwest a Subdivision No. 4 o a o L c.J a dv Unplatted w Q N 4� LINE TABLE E LINE BEARING DISTANCE a O � X z L1 NO'16'52"E 92.56 vi L2 S89'42'21"E 64.50 0 L3 NO'17'39"E 30.00 0 L4 S89'42'21"E 20.00 N g L5 S017'39"W 30.00 N o L6 N89'42'21"W 20.00 d 3 m z 0 a � I o > W COI N " Cr 0 150 300 450 UI W Q 3 Plan Scale: 1" = 150' Z bn W 2575.82' — �31 32 o POINT OF COMMENCEMENT N89'42'21"W 2640.00' 6�1 5 FOUND 5/8" REBAR, "ALB 12459" BASIS OF BEARING FOUND ALUMINUM CAP J S 1/4 CORNER SECTION 31 E. Lake Hazel Rd. SE CORNER SECTION 31 0 N N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY x BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water Easement 5 kmengllp.com Apex Northwest Subdivision No. 4 DATE: October2023 a PROJFCT: -22053 ISHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31, 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho ^' 3 o `-�' � y � o c , o e1 p oo c+i o c C y �I c� E IDIAN� AGENDA ITEM ITEM TOPIC: In-n-Out Burgers Water Main Easement (ESMT-2023-0151) ADA COUNTY RECORDER Trent Tripple 2023-06041 Prolect Name(Subdivision): BOISE IDAHO Pgs=6 ANGIE STEELE 10/24/2023 04:45 PM IN-N-OUT BURGERS CITY OF MERIDIAN, IDAHO NO FEE Water Main Eatement Number: Identify this Easement by sequential number if Project contains moms tban me Water Main easement. (See Instructions for_additional information). ESMT-2023-0151 WATERA THIS Easement Agreement, made this _24th day of October 20 23 between IN-N-OUT BURGERS,a CA Corp. ("Grantor"), and the City of Meridian, Idaho Municipal Corporation("Grantee'); '); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after;making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or'lie within the boundaries of any Water Main Easement Page 1 Version 04/17/2023 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: IN-N-OUT BURGERS,a California corporation By: Mike Abbate,Asst.VP of Real Estate STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of,whom record was executed), in the following representative capacity: �_ (type of authority such as officer or trustee) stamp) - - Notary Signature My Commission Expires: I leasc, set, -BIe, "Ok-U 6 Atkjuw�tA g—oct- Water Main Easement Page 2 Version 04/17/2023 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of�LD J On ���ObeX �� ► 2023 before me �.^:,, �%r n -1 --1 I�� Sri t Vi I I'/. —� (insert name and title of the officer)-' personally appeared �vuyL:c, Aboa+�� who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [1 LORI BRAllILL Notary Public•California _ Los Angeles County Commission N 2347601 ,t,� I 1�- -My Comm.Expires Feb 17,2025 Signature `� � (Seal) GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-24-2023 Attest by Chris Johnson, City Clerk 10-24-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-24-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires.. 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 EXHIBIT"A" IN-N-OUT BURGERS,A CALIFORNIA CORPORATION WATER EASEMENT IN FAVOR OF CITY OF MERIDIAN BEING A PORTION OF PARCEL"A" OF RECORD OF SURVEY 13558 RECORDED AUGUST02,2022 AS INSTRUMENT NO. 2022-068728, RECORDS OF ADA COUNTY, BEING A PORTION OF LOTS 2 AND 4,BLOCK 2, OF THE FINAL PLAT OF CENTERCAL SUBDIVISION, IN THE CITY OF MERIDIAN, COUNTY OF ADA,STATE OF IDAHO, PER PLAT FILED SEPTEMBER 14, 2012 AS INSTRUMENT NO. 1120941SI IN BOOK 104 OF PLATS AT PAGES 14163 THROUGH 14167 INCLUSIVE, RECORDS OF SAID COUNTY, DESCRIBED IN THE SPECIAL WARRANTY DEED TO IN-N-OUT BURGERS,A CALIFORNIA CORPORATION, DBA IN IDAHO AS IN-N-OUT BURGERS, INC. RECORDED JANUARY 06, 2023 AS INSTRUMENT NO. 2023-000858 OF OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COM MENCING AT THE SOUTHEAST CORNER OF SAID PARCEL"A"AND A POINT ON THE NORTH RIGHT OF WAY LINE OF EAST FAIRVIEW AVENUE; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE ALONG THE EAST LINE OF SAID PARCEL"A"NORTH 00°23'20" EAST 110.57 FEETTO THE TRUE POINT OF BEGINNING OFTHIS DESCRIPTION; THENCE CONTINUING ALONG THE EAST LINE OF SAID PARCEL"A" NORTH 00'23'20" EAST 10.00 FEET; THENCE LEAVING THE EAST LINE OF SAID PARCEL"A" NORTH 89'36'40"WEST 12.00 FEET; TH ENCE SOUTH 00°23'20"WEST 10.00 FEET; THENCE SOUTH 89°36'40" EAST 12.00 FEETTO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. THE AREA OF THIS LEGAL DESCRIPTION CONSISTS OF 120SQUARE FEET. REFER TO THE EXHIBIT"B" SKETCH CONSISTING OF 1 PAGE ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY: �pL LAIVp MSL ENGINEERING, INC. BENS MSL JN 21021 �� 10-03-2023 a 18811 gn N � OF %Q Page 1 of 1 EXHIBIT "B" M_ERIDIAN CENTERCAL, LLC. WATER EASEMENT IN FAVOR OF THE CITY OF MERIDIAN OVER PARCEL "A" OF RECORD OF SURVEY 13558 RECORDED 08-02-2022 AS INSTRUMENT NO. 2022-068728, BEING A PORTION OF LOTS 2 AND 4, BLOCK 2, OF THE FINAL PLAT OF CENTERCAL SUBDIVISION, IN THE CITY OF MERIDIAN, COUNTY J 4 OF ADA, STATE OF IDAHO, PER PLAT FILED SEPTEMBER 14, 2012 AS INSTRUMENT NO. 112094151 IN BOOK 104 OF PLATS AT PAGES 14163 THROUGH 14167 INCLUSIVE, RECORDS OF Lo SAID COUNTY (i PARCEL "B" OF M ROS 13558 � O N89-36-09"W 284.90' 30, O O M to to O � of M cV pj T 'n c0 o Z R PARCEL 'A" OF ROS 13558 SPECIAL WARRANTY DEED TO IN-N-OUT BURGERS, Ar CALIFORNIA CORPORATON PER INSTRUMENT NO. -10.00' 2023-000858 REC. 01-06-2023 BEING A PORTION OF PARCEL "A" OF RECORD OF SURVEY 13558 0_ —TPOB PTN. APN R1343720910 r)a a 54.134 SO, FT. OR 1.243 ACRES cvp O� s O a_ w z v ao r' Lo �) M CV p w O � �� � N N M N z N O O � O Z z N89'36'09"W 284.93' R.R/w E. FAIRVIEW AVENUE POCJ \Q�y\Nu LAND S _LEGEND ssi PROPERTY LINE WATER EASEMENT CONSISTING N vS14,.c OF � �y4, PRARED BYE a OF 120 SQUARE FEET N 5 G`~�� MSL ENGINEERING, INC. POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING FOR IN-N-OUT BURGERS, A FOR CORPORATION AT THE LOT NUMBER-CENTERCAL 0 25 50 VILLAGE AT MERIDIAN 1 O SUBDIVISION 3520 E. FAIRVIEW AVE SCALE; 1"=50' MERIDIAN, ID 83642 ROS RECORD OF SURVEY PAGE 1 OF 1 SL JN 202 21021 M SL m 21021 Water Eosement.dw a N O �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Findings of Fact; Conclusions of Law for Petsche Rezone (H-2023-0039) by Tammy Petsche, located at 1508 N. Meridian Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C VIE IDIAN� AND DECISION&ORDER In the Matter of the Request for Rezone of 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming,by Tammy Petsche. Case No(s). H-2023-0039 For the City Council Hearing Date of: October 17,2023 (Findings on October 24,2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 17, 2023,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 17, 2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 17,2023, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE-FILE H-2023-0039) - I- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 17,2023,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 17,2023, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions, the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE-FILE H-2023-0039) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 17, 2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE-FILE H-2023-0039) -3- By action of the City Council at its regular meeting held on the 24t h day of October 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-24-2023 Attest: Chris Johnson 10-24-2023 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 10-24-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PETSCHE REZONE—FILE H-2023-0039) -4- EXHIBIT A STAFF REPORT WE I COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT }a H O HEARING October 17,2023 Legend DATE: O Project Location E—FAJR"VIEW AVE' TO: Mayor and City Council FROM: Stacy Hersh,Associate Planner 208-884-5533 �' _., '.;- > /" SUBJECT: Petsche Rezone .� N H-2023-0039 W Z LOCATION: 1508 N. Meridian Road(Parcel #R6129020611) z I. PROJECT DESCRIPTION - Request to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A. Project Summary Description Details Pale Acreage Rezone-0.60 Future Land Use Designation Old Town Existing Land Use(s) Single-family residential Proposed Land Use(s) Single-family residential Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of June 13, 2023 attendees: History(previous approvals) None Pagel EXHIBIT A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access occurs from N.Meridian Road Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements No road improvements are required. Fire Service No comments Police Service No comments Wastewater • Comments • No changes to public sewer infrastructure shown in records.Any changes need to be approved by public works. Water Distance to Water Services • No changes to public water infrastructure shown in records.Any changes need to be approved by public works. C. Project Area Maps Future Land Use Map Aerial Map Legend Commercial 0 legend 0 Project Location Project Location rojec ' E_FA.I-RVIE,W AVE O .E"FAIRVIEIN—AVE Dens! ty� : . '; Residential - I— - t-- "'W ELM " W E 4- AV E ;� Old Q r- `F- AV Z 3 Town ,:. .�' „� _ Z J W Z iz r1N UJ' Z MAPLE 95 —= I A�Z r ._ W CHERRY AVE - I Page 2 EXHIBIT A Zoning Map Planned Development Map Legend 0 Legend � I r 0 Project Location 01Project Location —J f—L E-FA R, IE_W—AVE' _* E7F'&1_R*V-IEYW AV_'E— O-T R-8 City Limits — Planned Parcels C=C R-40 G � F^W E z z R=4 AVE ES � O-T a L O-T z R-8 z z L-O O-T L-O R-15.. Lv-T �-TC-C L-O II. APPLICANT INFORMATION A. Applicant: Tammy Petsche, Owner—3554 E. Presidential Drive, Meridian, ID 83642 B. Owner: Same as above. III. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/05/2023 10/01/2023 Radius notification mailed to properties within 500 feet 8/31/2023 9/29/2023 Sign Posting 9/10/2023 10/5/2023 Nextdoor posting 9/5/2023 9/28/2023 IV. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN): Land Use: This property is designated Old Town(O-T)on the Future Land Use Map (FLUM). This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices,retail and lodging, theatres,restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. Page 3 EXHIBIT A Proposed Use: The purpose of the request for rezoning is to facilitate the renovation of the existing detached garage while retaining the property's current residential use. Furthermore, rezoning to O-T would allow the Applicant to submit building permit applications for constructing a new building and making structural modifications to the existing building without obtaining a Conditional Use Permit for each proposed improvement to the site. A single-family detached dwelling unit is considered a non-conforming use in the C-C zoning district per UDC Table 11-2B-2. The Applicant intends to retain the existing home while renovating the old detached garage situated behind the home. Additionally, the Applicant has future plans to potentially construct an Accessory Dwelling Unit or Live/Work structure at a later date. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /�pp1an): Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) This application is for rezoning from C-C to O-T to allow the Applicant to remodel the existing garage and maintain the existing home as a conforming residential use. This would allow for more diversity in housing within the area. • Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities. (2.01.01C) The existing home contributes to the diversity in lot sizes, housing types, and densities within the surrounding area. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment, large shopping centers, public open spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map. (2.02.01E) The subject property is an existing site situated near the downtown core. It falls within a large area that is designated for Old Town zoning as outlined by the Comprehensive Plan near N. Meridian Rd., a principal arterial, and is within walking distance of a large amount of goods, services, and employment. • Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. and densities. (3.03.03A) This project is currently serviced by City of Meridian water and sewer. Based on the analysis above, staff finds the proposed development is consistent with the Comprehensive Plan. V. UNIFIED DEVELOPMENT CODE(UDC The proposed use, single-family detached dwelling unit is listed as a principally permitted use in the O-T(Old Town)zoning district per UDC Table.]1-2C-2.Compliance with the standards listed in UDC 11-2D-3 and I1-2D-4 is required. Page 4 EXHIBIT A VI. STAFF ANALYSIS Rezone(RZ): The Applicant is requesting to rezone 0.60 acres of land from the C-C zoning district to the O-T zoning district for the purpose of remodeling the existing detached garage and transitioning the property's current existing single-family detached residential use from non-conforming to conforming. A legal description and exhibit map for the rezone area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application,Staff recommends a DA is required with this application,containing the provisions noted in Section IX.,as discussed herein. Dimensional Standards (UDC 11-2 : There are no minimum setbacks in the O-T zoning district. The existing home meets all dimensional standards for the O-T zoning district. Access(UDC 11-3A-3): Access is provided via N. Meridian Road, an arterial street, via a fully improved"U"shaped driveway. This driveway does not adhere to the ACHD District's guidelines for successive driveways in terms of alignment or offset, as it falls short of the minimum of 330 feet separation from any existing or proposed driveway,and is not located a minimum of 355-feet away from the nearest intersection. Since the applicant is not intensifying or changing the use of the property staff and ACHD are supportive of the driveway configuration remaining for the residential use. Per UDC 11-3A-3 when a property takes access from an arterial street and prior to any new,expanded,or extended use or development of the property,to adjoining properties,the property owner is required to grant cross access.Further,this requirement may extend to residential properties where the use is anticipated to change to a nonresidential use.As noted above,the property owner intends to expand the site in the fixture. Since the property abuts several underdeveloped properties and there is the potential for further expansion on the property, Staff believes cross access is warranted,but identifying which properties and the exact location for the shared driveways will be determined when actual development is proposed for the property.This may include closing one or both driveways. Staff recommends that in the event the property intensifies or redevelops in the fixture, the Applicant should provide cross/access to the neighboring properties located to the south,north,and east to eliminate the need for multiple accesses off an arterial roadway within close proximity in accord with UDC 11-3A-3. Parking(UDC 11-3 The existing home has a driveway off of Meridian Road that contains a 20' x 20' parking pad and a two-car garage. UDC 11-3C-6 requires 4 parking spaces for a three and four-bedroom home, at least two in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. In reviewing the County Assessor's records,it appears the home currently has three bedrooms. Therefore, the parkingprovided on-site meets the minimum requirements of 11-3C-6. Sidewalks(UDC 11-3A-1 7: There is an existing 7-foot wide attached sidewalk on Meridian Road along the existing property frontage that is consistent with ACHD's district policy for arterial roads with the exception of dedicated right-of-way; therefore, additional right-of-way dedication totaling 96-feet on Meridian Road abutting the site should be required as part of a future application. Based on ACHD's recommendation of approval, Staff recommends that the Applicant provide a permanent right-of- way easement to 2 feet behind the back of the sidewalk for any sidewalk placed outside of the dedicated right-of-way. Page 5 EXHIBIT A Landscaping(UDC 11-3B): A landscape buffer is not required for a single-family dwelling unit in the O-T zoning district. The UDC does not regulate landscaping on residential lots.However,the existing house is currently setback approximately 30 feet from Meridian Road leaving several areas in front of the residence that could be landscaped to enhance the streetscape along Meridian Rd Staff believes the street frontage should be landscaped with a mix of trees, shrubs, lawn, hardscapes, and/or a water- conserving design in accord with UDC 11-3B-7C. Fencing(UDC 11-3A-6,11-3A-7): There is not existing fencing on the property. There is an existing CMU wall on the south side of the property. Any new or relocated fencing should comply with fencing regulations per UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-11 All outdoor lighting is required to comply with the standards listed in UDC I I-3A-I I C unless otherwise approved through alternative compliance. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure I in UDC I I-3A-I I C. Building Elevations: The existing building consists of stucco,brick, and asphalt roof shingles. A Design Review application is not required for single-family dwellings;however, when the property redevelops to commercial use in the future, a Design Review application will be required A Certificate of Zoning Compliance application is required to be submitted for approval for future re-development for commercial uses on this site to ensure compliance with UDC standards and development provisions associated with this application. VII. DECISION A. Staff: Staff recommends approval of the proposed rezone from C-C to O-T per the Findings in Section X of this report with the inclusion of a Development Agreement. B. The Meridian Planning&Zoning Commission heard these items on September 21,2023. At the public hearing. the Commission moved to recommend approval of the subject Rezone request. 1. Summary of Commission public hearing: a. In favor: Dave Petsche. Owner b. In opposition:None c. Commenting: None d. Written testimony: None L. Staff presenting application:Linda Ritter,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Page 6 EXHIBIT A C. The Meridian City Council heard these items on October 17. 2023. At the public hearing, the Council moved to approve the subject Rezone and re uest. _1 Summary of the City Council public hearing. a. In favor: Dave Petsche. Owner b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Stacy Hersh, Associate Planner f Other Staff commenting on application:None 2. Key issue(s)of public testimony; a. None 3. Key issued of discussion by City Council; a. None 4. City Council change(s)to Commission recommendation; a. None Page 7 EXHIBIT A VIII. EXHIBITS A. Rezoning Legal Description and Exhibit ELS ENGEBRITSON LAND SURVEYS,PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone(208) 659-6032 mike@elsurveys.com 26 June 2023 Revised:26 July 2023 ELS Project No 230616—Tammy Petsche Land Description for Rezone Reference Warranty Deed Instrument No.2019-115758 Contains 26,284 square feet more or less EXHIBIT A A portion of land within Block 5 of F.A.Nourse's Third Addition to Meddian(a recorded plat in Book 6 al Page 289 of Ada County records)within a portion of the NE Y.of Section 7,T.3 N.,R.1 E.,B.M. City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at a found Brass Cap monument marking the Northwest comer of said Section 7 from which a found Brass Cap monument marking the West''/.comer of said Section bears S 00°00'00"E a distance of 2651.94 feet,thence southerly along the west boundary line of said Secion S 00°00'00"E a distance of 621.20 feet to the POINT OF BEGINNING. Thence easterly perpendicular to said Section tine N 90'00'00'E a distance of 263,60 feet to a found iron pin; Thence southerly parallel to said Section line S 00'00'00'E a distance of 106.20 feet to a found iron pin on the South line of said Block 5; Thence westerly along said South line N 90'00'00"W a distance of 73.60 feet to a found square fence post set in concrete; Thence northerly perpendicular to said South line and parallel to said Section line N 00'00'00'W a distance of 9.00 feet to a point; Thence parallel to and 9.00 feet northerly of said South line N 90°00'00"W a distance of 190.00 feet to a point on said Section line; Thence northerly along said Section line N 00'00'00'W a distance of 97.20 feet to the POINT OF BEGINNING. The above-described tract of land contains 26,284 square feet more or less subject to all existing easements and rights-of- way. 879$ K tiELSINopectsl20 2 3123 061 61AdminlegalsiEXH A Renne desaiplion$62623 dw Page 8 1 6 E. FAIRWEW AVE. EXHIBIT B - PETSCHE REZONE TO OLD TOWN (O-T) SECTION CORNER A A PORTION OF BLOCK 5 OF F.A. NOURSE'S 3RD ADDITION 12 I Q7 CP&F NO. 113105589 WITHINTHE NE 114, SECTION 7, T 3 N, R 1 E, B.M. N I CITY OF MERIDIAN,ADA COUNTY, IDAHO CN 1 2023 POINT N 9OW'00" E 263.6 0' IRON PIN BEGINNING '- -----'-`--�'-�•. -- -- 40.00 150.00 IRON PIN 73.60 p N' N >> N i L+I o�ph o ^ o ►: 9pti r: a ,�,g�. o Lo x m �`1 Q of N 0 O Z� i Q I �6 (C! 10Lu Qt co 150.00' N 00'00'OOp — — W w �� QQCTQQ: >9Q.Q�L�-- .00 — o ((11�� SW CORNER SQUARE FENCE POS N 90'00 OO Z W 0 I BLOCK 5 SET IN CONCRETE i 73.60' IRON PIN SOOT TH LINE z ( sOUT?LOT 5 oyb"0 I LEGEND 0 ,a BOUNDARY LINE 0� Q N Ito ti 0 —---- — —CENTER LINE Q i Q — �- �--—- ADJOINING BOUNDARY OR PARCEL LINE FOUND BRASS CAP FOUND CORNER AS SHOW A CALCULATED POINT NOTHING FOUND OR SET ' 114 CORNER f ` 8793 9 ENGEBRITSON LAND SURVEYS, PLLC. CP&F NO. 2022015224 2251 S SUMAC STREET E � 4r� BGUS� lOANO 63706. PINE A VE. �__ PHONE (208) 859 6OJ2 mlkeAblsurv".com F;\ELS\PROJECTS\2023\230616\1)RAMNGS\EXH\23053 £XN 8.dwg zG- 0L.J e-y 311-07-1-0-6-269 ELS P.N. 230616 EXHIBIT A B. Site ,p yY•S. .c� I - _ • i ` 1 S .t• '♦ ----- Page ge 10 i d 1 N. M , . ' m 07 �r i� I r ., 4 _ S: Y g Y A t;� T - S EXHIBIT A IX. CITY/AGENCY COMMENTS A. PLANNING 1. Rezone 1.1 A Development Agreement(DA)is required as a provision of rezone of this property. Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of rezone ordinance adoption, and the owner. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions IF City Council determines rezone is in the best interest of the City: a. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D. b. Applicant shall comply with the access to street standards set forth in UDC 11-3A-3. The existing driveway may remain as long as the home and site are not expanded. With a future Certificate of Zoning Compliance Application, the applicant will be required to grant cross access to one or more of the adjoining properties(Parcel#'s R6129020630, R6129020520, R6129020650, and R6129020570) for future interconnectivity which may include the closure of one or both existing accesses to Meridian Road as determined by the Director. c. The Applicant shall install landscaping along the Meridian Road frontage to include trees, shrubs, lawn,hardscapes, and/or a water-conserving design in accord with UDC 11-3B-7C. d. Applicant shall comply with the ordinances in effect at the time of application submittal. B. NAMPA MERIDIAN IRRIGATION DISTRICT https://weblink.meridiancio�.orz1WebLink/DocView.asp 0id=29142#&dbid=l&EWo=Meridianclho, cr=1 C. IDAHO TRANSPORTATION DEPARTMENT https:Ilweblink.meridiancia.ory/WebLink/DocView.asp,0id=29238I&dbid=l&repo=Meridian00) D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:11weblink.meridiancio�.org/WebLink/DocView.asp 0id=291615&dbid=l&M2o=Meridian City E. ACHD https:11weblink.meridiancin).org/WebLink/DocView.aspx?id=291116&dbid=0&repo=MeridianCit) X. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Page 14 EXHIBIT A Stafffinds the proposed zoning map amendment to rezone the property from the C-C zoning district to the O-T zoning district is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Stafffinds the proposed zoning map amendment complies with the regulations outlined in the requested Old Town designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Stafffinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Stafffinds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so stafffinds this finding nonapplicable. Page 15 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Equipment Purchase Contract with FilmTec Corporation, a subsidiary of DuPont. for the WRRF Tertiary Filter Membrane — Equipment Purchase project for the Not-To-Exceed amount of$6,809,834.00 MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: October 24, 2023 Presenter: N/A Estimated Time:N/A Topic: Approval of Equipment Purchase Contract with FilmTec Corporation, a subsidiary of DuPont. for the WRRF Tertiary Filter Membrane — Equipment Purchase project for the Not-To-Exceed amount of $6,809,834.00. Recommended Council Action: Approval of Equipment Purchase Contract and resulting Purchase Order and authorize the Procurement Manager to sign. Background: This contract is the result of Formal RFP #PW-231 3-1 1 281 .F Two (2) proposals were received. �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to JC Constructors, Inc. for the Aeration Basins 1 —4 Retrofits and 9 & 10 Upgrades project for the Not-To-Exceed amount of $25,134,000.00 11 IDIAN,--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts,Procurement Manager Meeting Date: October 24, 2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract to JC Constructors, Inc. for the Aeration Basins 1 - 4 Retrofits and 9 & 10 Upgrades project for the Not-To-Exceed amount of $25,134,000.00. Recommended Council Action: Approval of Construction Contract and resulting Purchase Order and authorize the Procurement Manager to sign. Background: This contract is the result of Formal Bid #PW-2324-11230.J. Four (4) bids were received. BID RESULTS 10 UPGRADES DUE DATE&TIME:August 23,2023 2:30 IMCO General Construction IC Constructors Record Steel and Construction, The Ewing Company + Incdba RSCI Total Base Bid $33,794,800.0 $25,049,000.0 $38,472,910.0 $32,294,646.0 Selected s 0 24 0 0 Selected 1 $0 $25,049,000.0 $0 $0 QuantityR,Unit UnitPr' — TotaICost UnitPrice TotalCost itpr' otalC UnitPrice TotalCost 1 LS $500,000.0 $S00,000.0 $500.000.0 $S00, 0 $370,42010 $370,42 0 $292,839.0 $292,839.0 1 LS $1,000,000.0 $1,000,000.0 $450,000.0 $450,0010 $854,S60.0 $854,560.0 $381,257.0 $381,2S7.0 I LS $550,000.0 $SS0,0DO.0 $600,000.0 $600,0010 $1,546,400.0 $1,546,400.0 $857,23LO $857,231.0 tation I LS $1,073,000.0 $1,073,000.0 $1,000,000.0 $1,000,000.0 $1,918,240.0 $1,918,240.0 $1,239,937.0 $1,239,937.0 rumentation I LS $27,000.0 $27,00D.0 $100,000.0 $100,000.0 $57,780.0 $S7,780.0 $31,406.0 $31,406.0 ing j LS $149,000.0 $149,000.0 $100,000.0 $100,000.0 $196,300.0 $196,300.0 $103,S22.0 $103,522.0 lecoating 3 LS $228,000.0 $228,000.0 $150,000.0 $1SO1000.0 $327,480.0 $327,480.0 $236,693.0 $236,693.0 1 LS $837,000.0 $837,000.0 $800,000.0 $8W,000.0 $2,687,710.0 $2,687,710.0 $1,272,297.0 $1,272,297.0 1 LS $699,000.0 $699,000.0 $150,000.0 $1S01000.0 $425,470.0 $425,470.0 $403,86&0 $403,868.0 &Equipment 1 LS $668,000.0 $668,000.0 $2,000,000.0 $2,000,000.0 $2,409,380.0 $2,409,380.0 $1,127,358.0 $1,127,358.0 I LS $94,000.0 $94,00D.0 $100,000.0 $100,000.0 $182,590.0 $182,590.0 $15S,005.0 $155,005.0 rotation I LS $1,262,000.0 $1,262,000.0 $3,300,000.0 5 3 300,000.0 $1,286,430.0 $1,286,430.0 $1,490,599.0 $1,490,599.0 mentation 1 LS $672,000.0 $672,000.0 $200,000.0 200,000.0 $488,910.0 $488,910.0 $948,691.0 $948,691.0 LS $598,000.0 $598,0DO.0 $1,100,000.0 $1 100,000.0 $443,690.0 $443,690.0 $920,670.0 $920,670.0 1 LS $8,000,000.0 $8,00D,000.0 $4,000,000.0 $4,000,000.0 $8,557,940.0 $S,SS7,940.0 $6,144,768.0 $6,144,768.0 I and Equipment 1 LS $4,S06,800.0 $4,506,800.0 $3,000,000.0 $3,000,000.0 $4,138,780.0 $4,138,780.0 $4,131,124.0 $4,131,124.0 imentation 1 LS $1,124,000.0 $1,124,000.0 $750,000.0 $750,000.0 $1,234,160.0 $1,234,160.0 $1,342,296.0 $1,342,296.0 1 LS $796,000.0 $796,000.0 $200,000.0 $2OOADD.0 $1,615,110.0 $1,615,110.0 $1,142,812.0 $1,142,812.0 1 LS $7,325,000.0 $7,325,000.0 $3,499,000.0 $3,499,000.0 $5,795,040.0 $5,79S,040.0 $5,944,719.0 $S,944,719.0 ical and Equipment 1 LS $2,825,000.0 $2,825,000.0 $2,000,000.0 $2,000, .0 $3,021,410.0 $3,021,410.0 $2,984,625.0 $2,984,625.0 .trumentation 1 LS $675,000.0 $67S,000.0 $750,000.0 $750,0 0 $749,690.0 $749,690.0 $820,033.0 $820,033.0 umentatior 7 LS $85,000.0 $85,000.0 $100,000.0 $100,001 0 $87,660.0 $87,660.0 $122,249.0 $122,249.0 nps-Process I LS $78,000.0 $78,001 $100,000.0 $100, 0 $69,100.0 $69,100.0 $138,999.0 $138,999.0 nps-Electrical and 1 LS $23,000.0 $23,00 $100,000.0 $100,001 0 $8,660.0 $8,660.1 $61,648.0 $61,648.0 10 UPGRADES•ADD ALTERNATE associated VFD for I LS $98,000.0 $98,000.0 I $85,000.0 $85,000.0 I $62,710.0 $62,710.0 I $102,8S2.0 $102,852.0 CONTRACT FOR PUBLIC WORKS CONSTRUCTION AERATION BASINS 1 — 4 RETROFITS AND 9 & 10 UPGRADES PROJECT# PW-2323-11230.J THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 101h day of October, 2023, and entered into by and between the City of Meridian,a municipalcorporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, JC Constructors hereinafter referred to as "CONTRACTOR", whose business address is 1305 E. Columbia Rd., Meridian, ID 83642 and whose Public Works Contractor License #is C- PWC-14336. INTRODUCTION Whereas, the City has a need for services involving Aeration Basin Retrofit/Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract 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 Exhibit "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. AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 1 of 16 PW-2323-11230.J 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, 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 Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $25,134,000.00. 2.2 The Contractor shall provide the City with a monthly statement, approved construction schedule 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 ofreceipt of a correct invoice and approval by the City. The City will not withhold anyFederal or State income taxes or Social Security Tax from any payment made byCity to Contractor under the terms and conditions of this Agreement. Payment ofall 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 Cityany 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 or material escalations. 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. Funding: Funding for this project will be split between three fiscal years, 2024 (Oct. 2023 — Sept. 2024) estimated at $10,050,000.00, 2025 (Oct. 2024 —Sept. 2025) estimated at $12,065,000.00 and 2026 (Oct. 2025 — Sept. 2026) estimated at $3,019,000.00. The amounts estimated beyond the 2023 fiscal year have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 2 of 16 PW-2323-11230.J expenditures beyond the current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. 4. Term: 4.1 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 4.2, 4.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 4.2 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. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit 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. 5. Liquidated Damages: Substantial Completion shall be accomplished within 608 (six hundred eight) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $1,000 (one thousand dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 668 (six hundred sixty-eight) calendar days to complete the work as described herein. Contractor shall beliable to the City for any delay beyond this time period in the amount of $1,000 (one thousand) per calendar day. Such payment shall be construed tobe liquidated damages by the Contractor in lieu of anyclaim or damage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 6. Termination: 6.1 If,through any cause,Contractor, its officers,employees, or agents failsto fulfill in a timely and proper manner its obligations under this Agreement,violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord 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 City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 3 of 16 PW-2323-11230.J thereof at least fifteen (15) days before the effectivedate 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 Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 6.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe 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 ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 7. Independent Contractor: 7.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit 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 ofthe personnel of the City in the performance of this agreement shall be made bythe City. 7.2 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. 7.3 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. 8. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901. AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 4 of 16 PW-2323-11230.J 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 10. Indemnification and Insurance: 10.1 Contractor shall indemnify and save and hold harmless City and it's selected officials, officers, employees, agents, and volunteers 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 specificallyagrees that it will maintains throughout the term of this Agreement, liabilityinsurance, 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 incidentor occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof 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 harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' 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 topersonal injury, death, or damage or destruction to tangible or intangible property,including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its 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. 10.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 10.3 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 AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 5 of 16 PW-2323-11230.J 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. 10.4 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. 10.5 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. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 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. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 13. 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. AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 6 of 16 PW-2323-11230.J 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. 14. 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, shall be incorporated in written Change Orders which shall be executed with the same formalities as this Agreement. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 16. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.orq/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 17. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 7 of 16 PW-2323-11230.J 18. Reports and Information: 18.1 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. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting,typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 19. 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 datarelating to all matters covered by this Agreement. 20. 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. 21. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state orlocal law, rule or regulation against any person on the basis of race, color, religion,sex, national origin or ancestry, age or disability. AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 8 of 16 PW-2323-11230.J 22. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 underthis Agreement except upon the prior express written consent of City. AERATION BASINS 1 -4 RETROFITS AND 9 & 10 UPGRADES page 9 of 16 PW-2323-11230.J 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 32. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 33. 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. AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 10 of 16 PW-2323-11230.J 34. 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: QJW Contractor• City of Meridian JC Constructors, Inc. Procurement Manager Attn: Jim Cox 33 E Broadway Ave. 1305 E. Columbia Rd. Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-965-3244 Email: Jim@jccboise.com Idaho Public Works License #: PWC-C-14336 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. 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: JC CONSTRUCTORS, INC.: BY: 1Y✓� KEITH WATTS, Procurement Manger JIM CO dent DATED: 10-24-2023 DATED: �t v / Z ;2-� Z 3 Approved by Council Date: 10-24-2023 Project Manager Troy Thrall AERATION BASINS 1 -4 RETROFITS AND 9 & 10 UPGRADES page 11 of 16 PW-2323-11230.J EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID#PW-2324-11230.J, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SPECIFICATIONS (vol. 1 -3) by Brown & Caldwell dated 6-23-2023 (1 ,534 pages) • DRAWINGS by Brown & Caldwell (vol. 4-5) dated 6- 23-2023 (301 pages) • STANDARD DETAILS (vol. 6) by Brown & Caldwell dated 6-23-2023 (152 pages) Specifications & drawings added/amended via addendums: • A2.01 26 24 22 — Owner-Furnished Medium Voltage Motor Control—Addendum 2 • A2.02 Drawing DD-320-1001—Addendum 2 • A2.03 Drawing DD-320-1002_Addendum 2 • A2.04 Drawing DD-320-1013 Addendum 2 • A2.05 Drawing DD-320-1023—Addendum 2 • A2.06 Drawing DD-320-1033 Addendum 2 AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 12 of 16 PW-2323-1 1230.J • A2.07 Drawing DD-320-1043_Addendum 2 • A2.08 Drawing DD-340-1011_Addendum 2 • A2.09 Drawing DD-340-1021_Addendum 2 • A2.10 Drawing DD-340-1211_Addendum 2 • A2.11 Drawing DD-340-3003_Addendum 2 • A2.12 Drawing DD-340-3005_Addendum 2 • A2.13 Drawing E-000-0002-Addendum 2 • A2.14 Drawing E-000-5001_Addendum 2 • A2.15 Drawing E-000-5003_Addendum 2 • A2.16 Drawing E-000-5004_Addendum 2 • A2.17 Drawing E-000-6007_Addendum 2 • A2.18 Drawing E-000-6008_Addendum 2 • A2.19 Drawing ED-100-1001_Addendum 2 • A2.20 Drawing ED-290-5001_Addendum 2 • A2.21 Drawing E-100-1003-Addendum 2 • A2.22 Drawing E-100-1004_Addendum 2 • A2.23 Drawing E-100-5001_Addendum 2 • A2.24 Drawing E-100-8002_Addendum 2 • A2.25 Drawing E-270-1001_Addendum 2 • A2.26 Drawing E-290-1001_Addendum 2 • A2.27 Drawing E-290-5004_Addendum 2 • A2.28 Drawing E-290-7001_Addendum 2 • A2.29 Drawing E-300-1001_Addendum 2 • A2.30 Drawing E-300-5002_Addendum 2 9 A2.31 Drawing E-320-1001_Addendum 2 • A2.32 Drawing E-320-1002_Addendum 2 • A2.33 Drawing E-340-1001_Addendum 2 • A2.34 Drawing 1-000-1010_Addendum 2 • A2.35 Drawing 1-000-1012_Addendum 2 • A2.36 Drawing 1-300-1002_Addendum 2 • A2.37 Drawing 1-490-1001_Addendum 2 A3.01 Drawing SD-320-3002_Addendum 3 • A3.02 Drawing S-290-1001_Addendum 3 • A3.03 Drawing S-290-1031_Addendum 3 • A3.04 Drawing S-290-3002_Addendum 3 • A3.05 Drawing S-320-1241_Addendum 3 • A3.06 Drawing S-290-3006_Addendum 3 • A3.07 Drawing S-320-3010_Addendum 3 AERATION BASINS 1 - 4 RETROFITS AND 9 & 10 UPGRADES page 13 of 16 PW-2323-11230.J • A3.08 Drawing S-340-0101—Addendum 3 • A3.09 Drawing S-340-1211—Addendum 3 • A3.10 Drawing S-340-1221_Addendum 3 • A3.11 Drawing S-340-3002_Addendum 3 • A3.12 Drawing S-340-3003_Addendum 3 • A3.13 Drawing S-340-3004_Addendum 3 • A3.14 Drawing S-340-3005_Addendum 3 • A3.15 Drawing S-340-3006_Addendum 3 • A3.16 Drawing E-290-3001_Addendum 3 • A3.17 Drawing E-290-5001_Addendum 3 • A3.18 Drawing E-290-5002_Addendum 3 AERATION BASINS 1 -4 RETROFITS AND 9 & 10 UPGRADES page 14 of 16 PW-2323-11230.J EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $(Contract Amount). MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion I (608) Days from Notice to Proceed Milestone 2 Final Completion (668) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the Aeration Basins 1 — 4 Retrofits and 9 & 10 Upgrades Project per ITB BID #PW-2324-11230.J. NOT-TO-EXCEED AMOUNT.............................................$25,134,000.00 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.The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. I Description Quantity Unit Unit Price 100 Civil Sitework 00 IDemoiition 1 LS $500,000 01 Civil Sitework 1 LS $450,0001 02 and Piping 1 LS $600,0001 07 JElectricai and Instrumentation 1 LS $1,000,006 i 115 Mechanical Building 07 Electrical and Instrumentation 1 LS $100,000 170 Primary Clarifier'/s Splinter Box 03 Recoating 1 LS $100,000 280 ISecondary Pump Station 03 IStructural & Recoating 1 LS $150,000 290 JBIower Building 1 03 IStructural 1 LS 1 $800,000 AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 15 of 16 PW-2323-11230.J 04 rchitectural 1 1 LS $150,000 05 Process Mechanical & Equipment 1 LS $2,000,000 06 3lumbing& HVAC 1 LS $100,000 07 Electrical & Instrumentation 1 LS $3,300,000 300 Blower Building 2 i 07 JEIectrical and Instrumentation 1 1 LS 1 $200,000 320 Aeration Basin 1-4 00 IDemoiition 1 LS $1,100,000 03 Structural 1 LS $4,000,000 05 Process Mechanical and Equipment 1 LS T $3,000,000 07 Electrical and Instrumentation 1 LS 1 $750,000 340 !Aeration Basin 9 &10 01 Pite Civil 1 LS $200,00 03 !Structural 1 LS $3,499,00 05 Process Mechanical and Equipment 1 LS-7— S $2,000,000 07 jElectrical and Instrumentation 1 LS $750,000 490 RASIWAS Station 1 07 lEiectricai and instrumentation 1 LS $100,000 900 jElutration Water Redundant Supply Pumps 05 jProcess Mechanical and Equipment 1 LS $100,000 07 jElectrical and Instrumentation 1 LS $100,000 Add Alternate Medium Voltage Motor Control Center and 1 LS $85,000 ssociated VFD for Blower Building 2". AERATION BASINS 1 —4 RETROFITS AND 9 & 10 UPGRADES page 16 of 16 PW-2323-11230.J BID OPENING & AND AWARD PROCESS AND REQUIRED CONTRACT DOCUMENTS CONSTRUCTION BID OPENING Open All Bids and Read Aloud 0 Log All Information on Bid Results Sheet 0 State Apparent Low Bid 0 AWARD PROCESS Complete Bid Abstract 0 Have City PM Confirm Low Bid 0 Verify Public Works License 0 Verify Sub-Contractor Licenses 0 Verify Current Corporate Status 0 Re-Verify Contract Value is Within Budget Report 0 Complete and Issue Notice of Intent to Award 0 Complete Construction Contract 0 Fill In Cuurent Information on Contract Checklist 0 Complete and Issue Conditional Notice of Award 0 Create Council Memo 0 El Upon Reciept of Signed Contract,Insurance&Bonds Verify Insurance Meets Bests Rating of A- or Better 0 A Verify Bonds Meet Bests Rating of A-or Better 0 A+ Complete Council Award Memo 0 Complete Contract Checklist P-1 Submit for Next Agenda for Approval ❑ �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Stroth General, LLC. for the Well 9C Pumping Facility project for the Not-To-Exceed amount of$1,457,222.00 11 IDIAN,--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: October 24, 2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract to Stroth General, LLC. for the Well 9C Pumping Facility project for the Not-To-Exceed amount of$1,457,222.00. Recommended Council Action: Approval of Construction Contract to Stroth General, LLC for the Well 9C Pumping Facility project for the Not-To-Exceed amount of$1,457,222.00 and resulting Purchase Order and authorize the Procurement Manager to sign. Background: This contract is the result of Formal Bid #PW-2324-11230.J. Four (4) bids were received. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 9C PUMPING FACILITY PROJECT# 10550.e THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 10t" of October, 2023, and entered into by and between the City of Meridian, a municipalcorporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, Stroth General, LLC hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 118, Star, ID 83669 and whose Public Works Contractor License # is 031132. INTRODUCTION Whereas, the City has a need for services involving Well Filtration Facility Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1 .1 Contractor shall perform and furnish to the City upon execution of this Contract 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 Exhibit "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 9C PUMPING FACIITY page 1 of 14 Project Number 10550.e 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 Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $1,457,222,00. 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 or material escalations. 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 Exhibit A. 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 WELL 9C PUMPING FACIITY page 2 of 14 Project Number 10550.e giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit 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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 180 (one hundred eighty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 210 (two hundred ten) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed tobe liquidated damages bythe Contractor in lieu of anyclaim ordamage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If,through anycause,Contractor,its officers,employees,or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord 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 City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate 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 Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WELL 9C PUMPING FACIITY page 3 of 14 Project Number 10550.e 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe 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 ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit 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 ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6.2 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. 6.3 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. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 . 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. WELL 9C PUMPING FACIITY page 4 of 14 Project Number 10550.e 9. Indemnification and Insurance: 9.1 Contractor shall indemnify and save and hold harmless City and it's selected officials, officers, employees, agents, and volunteers 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 siecificallyagrees that it will maintain, throughout the term of this Agreement, liabilityinsurance, 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) perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof 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 harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' 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 topersonal injury, death, or damage or destruction to tangible or intangible property,including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its 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. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Anydeductibles,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. 9.4 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 WELL 9C PUMPING FACIITY page 5 of 14 Project Number 10550.e the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. 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. 11. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. 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. 13. 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 WELL 9C PUMPING FACIITY page 6 of 14 Project Number 10550.e between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 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. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or WELL 9C PUMPING FACIITY page 7 of 14 Project Number 10550.e representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. 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 datarelating to all matters covered by this Agreement. 19. 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. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state orlocal law, rule or regulation against any person on the basis of race, color, religion,sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. 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. WELL 9C PUMPING FACIITY page 8 of 14 Project Number 10550.e 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 underthis Agreement except upon the prior express written consent of City. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met WELL 9C PUMPING FACIITY page 9 of 14 Project Number 10550.e and releases from both the IdahoTax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. 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. 33. 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: QW Contractor: City of Meridian Stroth General, LLC Procurement Manager Attn: Alyssa Garcia 33 E Broadway Ave. P.O. Box 118 Meridian, ID 83642 Star, ID 83669 208-489-0417 Phone: 208-918-3432 Email: alyssa@strothgeneral.com Idaho Public Works License #: 031132 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. WELL 9C PUMPING FACIITY page 10 of 14 Project Number 10550.e 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: STROTH GENERAL, LLC: BY: BY: KEITH WATTS, Procurement Manger WILL LONG F H, Owner DATED: 10-24-2023 DATED: q L-1 2. 3 Approved by Council Date: (if needed) 10-24-2023 Project Manager Dean Stacey WELL 9C PUMPING FACIITY page 11 of 14 Project Number 10550.e EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (BID NUMBER) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (BID NUMBER), are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Construction Plans — WELL 9C PUMPING FACILITIES dated June 2023 (48 pages • Special Provisions for — WELL 9C PUMPING FACI LITI ES dated June 2, 2023 (78 pages WELL 9C PUMPING FACIITY page 12 of 14 Project Number 10550.e EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $(Contract Amount). MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion J (180) Days from Notice to Proceed Milestone 2 Final Completion (210) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the WELL 9C Project per ITB #PW-2333-10550.e. NOT-TO-EXCEED AMOUNT.............................................$1,457,222.0 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. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 01.4.1.13.1. Clearing and Grubbing 1 LS $20.00 01.4.1.C.1. Removal of Obstructions 1 LS $10.00 02.4.1.A.1 Excavation Plan Unit Quantity) 800 CY $5 307.4.1.G.1. Type P Surface Restoration 36 SY $20 01.4.1.A.1.a. 8" PVC, AWWA C900, DR 18, Water Main 82 LF $100 01.4.1.A.1.b. 10" PVC, AWWA C900, DR 18, Water Main 133 LF $12 01.4.1.C.1. Locate Station Per Meridian SD-G5 2 EA $2.00 02.4.1.A.1.a. 8" Gate Valve 2 EA $5.00 02.4.1.A.1.b. 10" Gate Valve 3 EA $5.00 04.4.1.A.1. 1-112" Water Service Connection 1 EA $8.00 703.4.1.A.1.a. Concrete Well CasingPad 2 CY $6.00 703.4.1.A.1.b. Concrete Generator Pad 12 CY $2.00 703.4.1.A.1.c. Concrete Entry Pad 3 CY $2.00 703.4.1.A.1.d. Concrete HVAC Unit Pad 2 CY $2.50 706.4.1.G.1. Concrete Repair 2 SY $3.00 706.4.1.A.3. Standard 6" Vertical Curb No Gutter 230 LF $3 06.4.1.A.13. 18" Wide Concrete Strip 430 LF $3 WELL 9C PUMPING FACIITY page 13 of 14 Project Number 10550.e $7 Add Alternate WELL 9C PUMPING FACIITY page 14 of 14 Project Number 10550.e chanical,Inc. Prusik Construction 5troth General The Ewing Company 43,400.05 $1,728,514.4844 $1,417,222.0 $1,848,028.06 0 0 37 0 $0 $0 $1,417,222.0 $0 TotalCost UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost MMA %�� 0 0 $10,223.0 $9,013.903925 $9,013.90 $20,000.0 $20,000.0 $15,122.0 $15,122.0 $30,615.29 $18,027.80785 $18,027.80 $10,000.0 $10,000.0 $18,587.0 $18,587.0 $27,320.0 $46.8093 $37,447.44 $50 $40,000.0 $98.36 $78,688.0 $4,915.08 $161.0314 $5,797.13 $200 $7,200.0 $63 $2,268.0 $20,126.07 $150.370825 $12,330.40 $100 $8,200.0 $155.21 $12,727.22 $30,137.8 $209.588525 $27,875.27 $120 $15,960.0 $175.75 $23,374.75 $7,890.0 $1,231.5337 $2,463.06 $2,000.0 $4,000.0 $598.56 $1,197.12 $13,556.1 $2,663.24545 $5,326.49 $5,000.0 $10,000.0 $2,419.46 $4,838.92 $20,395.73 $3,748.829975 $11,246.48 $5,000.0 $15,000.0 $3,386.0 $10,158.0 $13,112.7 $7,137.017675 $7,137.01 $8,000.0 $8,000.0 $12,349.0 $12,349.0 $4,641.68 $841.490925 $1,682.98 $6,000.0 $12,000.0 $1,825.0 $3,650.0 $10,177.44 $841.490925 $10,097.89 $2,000.0 $24,000.0 $824 $9,888.0 $5,328.36 $847.857175 $2,543.57 $2,000.0 $6,000.0 $797 $2,391.0 $4,640.6 $841.490925 $1,682.98 $2,500.0 $5,000.0 $828 $1,656.0 $3,839.32 $288.205925 $576.41 $3,000.0 $6,000.0 $517 $1,034.0 $13,422.8 $71.498775 $16,444.71 $35 $8,050.0 $59.23 $13,622.9 $25,258.2 $58.9399 $25,344.15 $35 $15,050.0 $56.62 $24,346.6 $29,213.36 $77.077925 $54,879.48 $25 $17,800.0 $75.61 $53,834.32 $43,872.75 $99.3135 $25,324.94 $350 $89,250.0 $157.64 $40,198.2 $7,400.06 $2,141.375 $2,141.37 $8,000.0 $8,000.0 $378 $378 $2,994.12 $2,526.8225 $2,526.82 $8,000.0 $8,000.0 $3,780.0 $3,780.0 $3,026.27 $275 $825 $1,000.0 $3,000.0 $126 $378 $5,401.75 $35.3732 $3,006.72 $100 $8,500.0 $37.43 $3,181.55 $3,917.21 $1,010.8216 $1,010.82 $3,000.0 $3,000.0 $2,520.0 $2,520.0 $33,046.69 $22,122.545125 $22,122.54 $200,000.0 $200,000.0 $12,601.0 $12,601.0 $17,853.48 $78.71 $28,807.85 $75 $27,450.0 $46.16 $16,894.55 $182,524.15 $177,619.41675 $177,619.41 $144,765.0 $144,765.0 $182,424.0 $182,424.0 $121,149.9 $93,408.83785 $93,408.83 $50,000.0 $50,000.0 $89,785.0 $89,785.0 $377,506.39 $387,628.63 $387,628.63 $200,000.0 $200,000.0 $306,585.0 $306,585.0 $48,686.58 $28,877.4952 $28,877.49 $30,477.0 $30,477.0 $37,597.0 $37,597.0 $630,900.47 $460,000.0 $460,000.0 $300,000.0 $300,000.0 $577,143.0 $577,143.0 $67,287.78 $59,727.0 $59,727.0 $60,000.0 $60,000.0 $56,999.0 $56,999.0 $62,634.0 $40.6514 $71,221.25 $10 $17,520.0 $48.71 $85,339.92 $7,866.32 $954.9375 $7,639.5 $2,000.0 $16,000.0 $1,096.0 $8,768.0 $4,004.88 $1,296.4 $5,185.6 $1,000.0 $4,000.0 $667 $2,668.0 $43,723.19 $100,800.0 $100,800.0 $5,000.0 $5,000.0 $124,124.0 $124,124.0 $4,790.5 $723.4375 $723.43 $10,000.0 $10,000.0 $6,931.0 $6,931.0 $52,413.0 $53,904.0 $53,904.0 $40,000.0 $40,000.0 $52,414.0 $52,414.0 BID OPENING & AND AWARD PROCESS AND REQUIRED CONTRACT DOCUMENTS CONSTRUCTION WELL 9C PUMPING FACILITY BID OPENING Complete N/A Open All Bids and Read Aloud El State Apparent Low Bid El Print Bid Results from Bonfire El AWARD PROCESS Complete Bid Abstract 0 Have City PM Confirm Low Bid 0 Verify Public Works License 0 Verify Sub-Contractor Licenses 0 Verify Current Corporate Status 0 Verify Contract Value is Within Budget Report 0 Complete and Issue Notice of Intent to Award 0 Complete Construction Contract 0 Fill In Cuurent Information on Contract Checklist 0 Complete and Issue Conditional Notice of Award 0 Create Council Memo 0 Upon Reciept of Signed Contract, Insurance&Bonds Verify Insurance Meets Bests Rating of A- or Better 0 Verify Bonds Meet Bests Rating of A-or Better Submit for Next Agenda for Approval Complete Contract Checklist 9/20/2023 9/25/2023 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Acceptance Agreement for Public Art at Five Mile Creek Pathway Trailhub: "Water Metrics" ACCEPTANCE AGREEMENT FOR PUBLIC ART AT FIVE MILE CREEK PATHWAY TRAILH[TB"WATER METRICS" This ACCEPTANCE AGREEMENT is made this22nd day of August 2023 ("Effective Date"), by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City"),and Eileen Gay, a sole proprietor whose address is 2051 Canal Road, Sparks,Nevada("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, on July 5, 2023, Artist installed at Five Mile Creek Pathway Trailhub artwork entitled "Water Metrics,"a concrete sculptural mosaic gateway("Artwork"), WHEREAS,on December 6, 2022, City and Artist entered into a Professional Services Agreement for Fabrication and Installation of Five Mile Creek Pathway Artwork ("December 6, 2022 Agreement") that includes, in Section II.C.6.b, a requirement that the parties enter into a mutually agreed-upon acceptance agreement as a condition of the City's Final Acceptance of the artwork designed, created, and installed by Artist pursuant to the December 6, 2022 Agreement; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby, and in the December 6, 21122 Agreement,acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I.INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials,agents,guests,volunteers, and/or business invitees, from any and all liabilities, losses,claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or ser%ice tinder or related to the Decenber 6,2022 Agreement. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials,agents,guests,and/orbusincss invitees,fromany and all liabilities,losses,clainns,actions, judgments for damages, expenses, or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any agent,employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the December 6, 2022 Agreement and any and all addenda thereto; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agcnt(s), cmployce(s), or subcontractor(s), C. Artist's infi-ingcnnent of or upon any intellectual property rights,whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans,designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the December 6,2022 Agreement and any and all addenda thereto; and/or A(-(-EPTAN(-F MiRFENIFNT WATER METRIUS PAGE I at 2 D. The malfunction, breakage, or failure of the artwork,or any portion or component thereof, created and installed under the December 6, 2022 Agreement and any and all addenda thereto. 11.WAIVER. Artist hereby waives and releases,on behalf of Artist, Artist's employees,agents, heirs,executors, administrators,assigns, and/or personal representatives,any and all claims and/or rights for damages Artist now has or may hereafrer have against the City of Meridian and/or its employees,elected officials,agents, guests,and/or business invitees, suffered in connection with or arising out of the performance of any work or sen-ice under or related to the December 6, 2022 Agrccmcnt. Except as otherwise expressly delineated in the December 6, 2022 Agrccmcnt, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under,assembled pursuant to,and/or otherwise related to the December 6, 2022 Agreement and any and all addenda thereto. IN WITNESS WHEREOF,the parties hereto have exeCUted this Agrccmcnt on the Effective Date first written above. ARTIST: i & n Gay CITI' OF ME AN: BY Robert E. Sit i on Mayor 8-22-2023 SF,AL AZIL ttest. l _ Chris Johns , City .. 8-22-2023 Ac,c'EPTAN(,E AciRE'EWN'T WATER METRIC'S P:1GE 2 of 2 VARA Waived: YES I NO City of Meridian Public Art & History Conservation Record This document will act as a primary source for our public art maintenance. The detailed information you provide will be essential to maintain the best practices of care for your work during its designated li fespan and historical legacy beyond. Please be as thorough as possible and attach any additional documents you deem relevant. PrimaryArtist(s):Eileen Gay Title of Artwork:Wate r Metrics Date Completed.-July 6, 2023 Number of Object Components.-2 Dimensions: H:81 x W 3019 x D:3019 Dimensions of Frame (if applicable): H.•31411 x W•3611 x D:36" Materials: List primary materials used. Start with the support/base material and work your way out or by order of application. (Please include brand name, model, color names/codes, etc.).- Material Brand Color#/Name or Finish Size/Model# EPS, fiberglass, cement Drivit Genesis DM Porcelain tile, glass Various Various Various Urethane Grout Bostik Neverseal Classic Bone Urethane Grout Bostik Dimensions Silver Urethane Grout Bostik Dimensions Snowflake Steel base, powdercoated touch up paint left with Meridian (LNiWE IDIAy �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2421: Final Acceptance of"Water Metrics" Art Installation by Eileen Gay, and Providing an Effective Date �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Acceptance Agreement for Discovery Park Artwork: "The Hole Ball Game" ACCEPTANCE AGREEMENT FOR DISCOVERY PARK ARTWORK: THE HOLE BALL GAME This ACCEPTANCE AGREEMENT FOR DISCOVERY PARK ARTWORK: THE HOLE BALL GAME is made this 21 day of September , 2023 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and UrbanRock Design, a sole proprietor business organized under the laws of the state of California ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, on December 23, 2022,Artist and City entered into a Master Agreement for Professional Services:Park Identities Public Art Roster("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, fabrication, installation, maintenance, and repair of artwork, pursuant to separate project task orders setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City invited Artist to submit a site-specific proposal for public art elements to be included in the phase 2 area of Discovery Park's construction at 2121 E. Lake Hazel Road, in Meridian, Idaho, Ada County parcel no. S 1405212402 ("Property"); and WHEREAS, on July 18, 2023, City and Artist entered into a Task Order for Fabrication and Installation of Discovery Park Artwork: The Hole Ball Game("July 18, 2023 Task Order"), by which agreement City engaged Artist to fabricate and install artwork on Property; and WHEREAS, Artist has designed, fabricated, and, on September 12, 2023, installed"The Hole Ball Game,"a four-part powder-coated aluminum silhouette sculpture, which establishes a sense of place and local identity in Discovery Park, and beautifies public spaces; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I.INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the Master Agreement. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials,agents,guests,and/or business invitees,from any and all liabilities,losses,claims,actions, judgments for damages, expenses, or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the July 18, 2023 Task Order; ACCEPTANCE AGREEMENT:URBANROCK PAGE 1 of 2 B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artists agent(s), employce(s), or subcontractor(s). C. Artist's infringement of or upon any intellectual property rights, «holicr intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawing*s,specifications,information, material, sketches, notes or documents created by Artist in the performance of any work or service under the July 18, 2023 Task Order. and/or D. The malfunction or failure of the Arhvork. or any portion or component thereof, created and installed under the July 18, 2023 Task Order. II. R•a1CTR. Artist hereby waives and releases, on behalf of Artist and Artist's employees, ag*ents. heirs. executors. administrators, assigns, and/or personal representatives,any and all claims andi'or rights for damages Artist now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the July 18, 2023 Task Order. Except as othcr%vise expressly delineated in the July 18, 2023 Task Order, Artist hereby «awes any and all right, title, or interest in the Artwork and/or all items created under, assernbled pursuant to, and or otherwise related to the July 18, 2023 Task Order and any and all addenda thereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first witten above. ARTIST: 0 L > Russell Rock, Owner UrhanRock Design CITY OF MERIDIAN: Cassandra Schiffer A(c.Err: Nc't:Ac.RUAIEyr: URBANIZoer: I'A61:2 of'_ Yes VARA Waived: YES I NO City of Meridian Public Art & History Conservation Record This document will act as a primary source for our public art maintenance. The detailed information you provide will be essential to maintain the best practices of care for your work during its designated li fespan and historical legacy beyond. Please be as thorough as possible and attach any additional documents you deem relevant. PrimaryArtist(s):Russell Rock & Jeanine Centuori TideofArtwork:The Hole Ball Game Date Completed:09/13/2023 Number of Object Components.4 8,_ _ Dimensions: H: 2„ x W.-41011 x D..11_011 Dimensions of Frame (if applicable): H: x W.- x D.- Materials: List primary materials used. Start with the support/base material and work your way out or by order of application. (Please include brand name, model, color names/codes, etc): Material Brand Color#/Name or Finish Size/Model# 6061 T651 1"thick plate aluminum Cardinal Powder Coatings RAL 5015 Sky Blue Powder 2)8'-2" x 4'-0"x V-0" Coat 061 T651 1"thick plate aluminum Cardinal Powder Coatings RAL 1012 Lemon Yellow 2)8'-2"x 4'-0"x V-0" Powder Coat 5052 3/8"thick plate aluminum (for Cardinal Powder Coatings RAL 6019 Pastel Green 1)4'-2" x V-4"x V-4" ign) Powder Coat Cast-In-Place Concrete Natural '-0"x 2'-5 7/8" x 2'-1" Foundations Bryce 5/8"o Penta-Nuts® Bryce Fastensers Stainless Steel /8-11 Bryce 3/8"o Penta-Nuts® Bryce Fasteners Stainless Steel /8-20 Stainless Steel Threaded Rod Stainless Steel /8-11 x 8" Stainless Steel Threaded Rod Stainless Steel /8-20 x 4" 1 (::iVE IDIAy Materials (cont'd): List any custom-made or specialty parts and their sources/manufacturers. (Feel free to provide us with replacement parts if you anticipate their need.).- Part Sorirce/Manufacturer 4)8'-2"x 4'-0"x 1'-0"Aluminum water jet cut sculptures Digital Design and Fabrication, 1640 Miller Ave., Los Angeles,CA 0063(323)999-4933 Bryce Penta-Nuts® Bryce Fasteners, 1230 N.Mondel Dr., Glibert,AZ 85233(480) 01 List the names, roles/contributions, and contact information of any sub-contractors used (e.g.farmers, welders, electricians,foundries, etc.)..- Name Role/Contribution Contact Digital Design and Fabrication ut,Welded, Powder Coated,and packed Digital Design and Fabrication, 1640 Miller Ave., or shipment all pieces Los Angeles, CA 90063 (323)999-4933 Z (;/-WE IDIAN� Materials (cont'd): If applicable, describe existing materials/methods of presentation (e.g.frame, base, mounting/hanging hardware, etc.).: 6061 T651 Plate Aluminum with stainless steel hardware. 5052 Plate Aluminum with stainless steel hardware-for the sign. Life Expectancy: Even under the best of environmental conditions and maintenance, a// things eventually deteriorate beyond feasible repair. This is it result of inherent vices in the materials, the wiry they interact with other materials and the surrounding environment including public interaction. While we commit to doing our best to extend the lifespan of an artwork, we by no means expect it to l�rst forever. As difficult as it may be to place an expiration date on one's creation, it is important to level-set realistic expectations. Considering the materials and likely environment, what is the conservative estimated lifespan of your artwork?If you don 't know, describe what deteriorations you anticipate..- Some fading of the powder coating may occur. We anticipate a 10 year life expectancy. All three powder coat finishes have available touch-up paints. One source for those are: LVP Paints 11078 Morrison Lane Dallas, TX 75229 http://www.lvppaints.com (972) 243-4386 The aluminum plate: sculptures and the sign; 50 years. 3 C�%1�l E IDIAN Artistic Intent: 4 WE IDIZ IAN�-- �J Physical/Functional Intent: 5 WE IDIAN=-- Techniques: Describe in detail how your artwork was constructed. (Feel free to attach proposal material): The Hole Ball Game was made from 1"thick 6061 T651 plate aluminum. This stock was water jet cut from digital image files. The four large semi-circular image disks, each with 1/2 of a ball player cut out of them,were mortise fit and welded to a based of the same stock. After assembly, the sculptures were bead blasted for cleaning and easing the cut edges. Then they received powder coating. After the color layer of powder coat was applied, a clear anti-graffiti layer of powder coat was used to finish the pieces. The sculpture were installed onto cast-in-place concrete foundations that were engineered by Tamarack Grove Engineering, Inc, of Boise, ID. The sculptures are fastened by means of 5/8-11 stainless steel threaded rods,four per sculpture, embedded 6"into the concrete and epoxied with Hilti HIT-HY20ORepoxy. The nuts used on these threaded rods are special high-security Penta-Nuts®from Bryce Fasteners. They require a proprietary tool to install or remove. Additionally, Loctite 242(blue)threadlocker was applied during the installation. Describe any specific techniques/tools used, especially to acquire finishes or textures.: Cardinal Powder Coat-touch paint is available: LVP Paints 11078 Morrison Lane Dallas,TX75229 http://www.lvppaints.com (972)243-4386 Bryce Fasteners Penta-Nuts®and special tools for installation/removal. Bryce Fasteners 1230 N. Mondel Dr. Glibert,AZ 85233 (480)503-3801 http://www.brycefasteners.com IDIAN�--- Installation: � WE IDIZ IAN�-- �J Installation (cont'd): 8 C-/�fEFIDIAN=--- Installation (cont'd): Maintenance: 9 WE IDIAN --- �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2422: Final Acceptance of"The Hole Ball Game" Art Installation by UrbanRock Design, and Providing an Effective Date Light My Fire Check Presentation Mayor's Youth Advisory Council (MYAC) Bi-monthly Update Mayor’s Youth October 2023–June Advisory Council Government Affairs Guest Speaker: Chris Johnson it is that he does for our city.of a city clerk and how much Council did not know the job as many of our General fun and informative speaker current position. This was a job and how he got into his fall. He talked about his daily our first guest speaker this City Clerk Chris Johnson was Voter Information Flyers of the establishment).(with permission etcmeetings, in schools, libraries, club MYACersbeing distributed by register to vote. These flyers are just turned 18 in Meridian to awareness to those that have the city. The flyers are to raise general council to put around we handed out flyers to our During our last MYAC meeting, myMERIDIAN the Meridian Library, etc.other governments like West Ada, do season 2, which focuses on Departments. Next semester, we’ll focuses on different City doing quizzes on season 1, which podcast. This semester, we’re myMERIDIANSimison’son Mayor quiz that tests knowledge based government, we started a Kahoot learn more about local To help General Council students Kahoot Quizzes CommunityService Scentsy Rock Idaho Youth Ranch.raise over $260,000 for the In total, this event helped awareness of the fundraiser. cheering on passersby to raise of holding up signs and Youth Ranch. This consisted to raise money for the Idaho chairs alongside Eagle Road rocked in rocking MYACersDuring this service event, September 8th–thon -a- Within the walk, members September 30th –Walk to End Alzheimer’s Association. $196,000 for the Alzheimer’s total participants and raising was a big success, with 744 years, and this year the event participated in for the past few event that MYAC has walking track. This is an annual towards the designated and directing participants were tasked with cheering on Trunk or Treat and Holiday Helpers Helpers. photo prop at Holiday holiday decorations for a Trunk or Treat and creating photo props for our booth at This included designing upcoming service events. decorations for our MYAC members made general council meeting, During our most recent October 23rd –Decorating Leadership Development Treasure Valley Youth Safety Summit with a drunk driver. by sharing her experience importance of driving sober story reinforcing the Marti, who had a powerful an amazing speaker, Natalie high schools. This year we had around 80 students from local Youth Safety Summit with attend the Treasure Valley opportunity to help run and Once again, MYAC had the AIC meetings. incorporate in our own cultivating ideas on what to executive council and meeting other MYAC members of MYAC, as well as relationships with other opportunity to build this year. It was an amazing Council of MYAC attended AIC Five members of the Executive Other Events Upcoming Events: th 26 October Senior PromDay, DoTheRight#Mad City Money, Registration Drive, Voter TBD: Spring Rake Up Meridian : th 11 Treasure Valley Holiday Helpers with United Way of : th 7 Ada school districtspeaker Dr. Bub, superintendent of West General council meeting with guest : th 6 November Volunteering at Idaho TBD: Legislative Panel 6th: December Emergency Housing Assistance Grant Update from Jesse Tree NEIGHBORS HOUSED IN MERIDIAN - - rgency Housing Assistance Grant Peport JESSE TREE teeping Our neiglibors bnuse,l 500 N A t--a A f � - CLIENTS SERVED CASE MANAGEMENT MEETJODI With the Emergency Housing Assistance (EHA) Each household was provided with Jodi is a single mom to one daughter and grant, Jesse Tree served 95 households who budgeting help, connections to needed lost her job due to her company making a were at risk of eviction and homelessness in the services and resources, and tailored reduction in staff. When Jodi fell behind in City of Meridian with emergency rental assistance. The average amount of rent housing stability plans with both short- her rent, we mediated her case in court so provided per household was $2,631 . term and long-term planning. she could avoid an eviction judgment, 1 ~ -- - — c - ' F _.... • ♦ it All ,t „t �_ [ 1 �► CLIENT DEMOGRAPHICS DIVERSIFIED FUNDING GOING FORWARD All tenants served were in the legal eviction While serving on average 10 families each Since federal funds expired, applications process and temporarily unable to pay month with EHA funding, on average, from Meridian residents increased from 20 their rent due to an unanticipated expense outside of the EHA grant, Jesse Tree served to 70 applications each month . We or shortfall . All tenants were under 80% an additional 15 Meridian households each anticipate demand will continue to sustain AMI and a majority were under 30% AMI . month using private and other funding. until rent costs drop significantly. www.jessetreeidaho . org • 1121 W Miller Street Boise , ID 83702 r� N -- -- - _-Im.1 gilt i � I mc- �r t w 0 M.. « C ! a s4ueoilddv ueippaw 10 # W W coo W Total Financial Assistance o Sum Total Financial Assistance Amount c Total Financial c Assistance w 3 0 0 0 0 ` _ A z N J D y D 2p toD Z m Z P5 2 o m o T Oi P CO) 6 m N ■ m o ' ato N17 p�� 1■ a p N p� a o 3 � Irk g J g �qpp $ y n � � �� D � Iy jj Ln ■ p� O m 2p�3 N a I O tD w `r m W N a p O y 2p i o S ,. D m ti � €oclin9 oy S o �P Check Date By Month 0 0 0 OR n N O to Ft Gm1 D e a to N w g 3 m A yy AN F. t}}' N x o � 1J g x � m m 5 N p � W o � o0 L m t 'D tton a � tl m F .Z N None 3 3 3 3 Z V v man ■ ■ ■ onnoe ■ 3 o m D M a d �p w tNil t3 w w w fNil 4Ni W