HomeMy WebLinkAbout2023-11-08 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Wednesday, November 08, 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
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Borton, Seconded by Councilman Overton.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
1. Approve Minutes of the October 24, 2023 City Council Work Session
2. Apex Northwest Subdivision No. 4 Water Main Easement #2 (ESMT-2023-0149)
3. Dutch Bros at Ustick Water Main Easement No. 3 (ESMT-2023-0144)
4. Meridian Middle School Cafeteria Sanitary Sewer and Water Easement (ESMT-
2023-0153)
5. Meridian Office Water Main Easement (ESMT-2023-0152)
6. Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-
0156)
7. Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-
0157)
8. Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 3 (ESMT-2023-
0158)
9. Final Plat for Prairiefire Subdivision (FP-2023-0023) by Kent Brown Planning
Services, located at 3539 N. Locust Grove Rd., near the northwest corner of E.
Ustick Rd. and N. Locust Grove Rd.
10. License Agreement Between the Nampa & Meridian Irrigation District and the City
of Meridian for Multi-Use Pathway in Aviation Subdivision
11. License Agreement with J.R. Simplot Company for Pathway from Reflection Ridge
to Mary McPherson Elementary School
12. Memorandum of Agreement for Contribution to Transit Stop Public Artworks
Between the Meridian Development Corporation and the City of Meridian
13. Memorandum of Agreement for Contribution to 2024 Concerts on Broadway
Between the Meridian Development Corporation (MDC) and the City of Meridian
14. Fiscal Year 2024 Net-Zero Budget Amendment in the amount of $8,000.00 for
Meridian Development Corporation Sponsorship of Transit Stop Public Artwork
15. 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
16. Approval of Sole Source for Annual Non-Micro Water Testing and UCMR Sampling
by Eurofins Eaton Analytical, LLC
17. City of Meridian Financial Report - September 2023
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
PROCLAMATIONS
18. Rocky Mountain High School Girls Golf Team State Champions Day Proclamation
19. Meridian Veteran & Spouse Small Business Week Proclamation
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
20. Public Hearing for Parks and Recreation Department Lakeview Golf Course
Proposed Fee Increases
21. Resolution 23-2423: A Resolution adopting new fees of the Meridian Parks and
Recreation department; authorizing the Meridian Parks and Recreation
department to collect such fees; and providing an effective date. Approved
Motion to approve made by Councilman Overton, Seconded by Councilwoman Strader.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
22. Discovery Park Phase 2 Tennis/Pickleball Court Lighting Update Authorized
Motion to authorize made by Councilman Borton, Seconded by Councilman Overton.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman
Overton, Councilwoman Perreault
23. Civic Block Update
ADJOURNMENT 5:25 PM
eridian City Council Work Session November 8, 2023.
A Meeting of the Meridian City Council was called to order at 4.34 p.m. Tuesday,
November 8, 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, Bill Nary, Steve Siddoway, Warren Stewart, Mike
Barton, Keith Watts, Shawn Harper, Joe Bongiorno and Dean Willis.
ROLL-CALL ATTENDANCE
_X_ 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 November 8,
2023, at 4.34 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: First item up is the adoption of the agenda.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: I move we approve the agenda as published.
Overton: Second.
Simison: Have a motion and a second to approve the agenda as published. 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 24, 2023 City Council Work Session
Meridian City Council Work Session
November 8,2023
Page 2of21
2. Apex Northwest Subdivision No. 4 Water Main Easement #2 (ESMT-
2023-0149)
3. Dutch Bros at Ustick Water Main Easement No. 3 (ESMT-2023-0144)
4. Meridian Middle School Cafeteria Sanitary Sewer and Water
Easement (ESMT2023-0153)
5. Meridian Office Water Main Easement (ESMT-2023-0152)
6. Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 1
(ESMT-2023-0156)
7. Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 2
(ESMT-2023-0157)
8. Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 3
(ESMT-2023-0158)
9. Final Plat for Prairiefire Subdivision (FP-2023-0023) by Kent Brown
Planning Services, located at 3539 N. Locust Grove Rd., near the
northwest corner of E. Ustick Rd. and N. Locust Grove Rd.
10. License Agreement Between the Nampa & Meridian Irrigation District
and the City of Meridian for Multi-Use Pathway in Aviation
Subdivision
11. License Agreement with J.R. Simplot Company for Pathway from
Reflection Ridge to Mary McPherson Elementary School
12. Memorandum of Agreement for Contribution to Transit Stop Public
Artworks Between the Meridian Development Corporation and the
City of Meridian
13. Memorandum of Agreement for Contribution to 2024 Concerts on
Broadway Between the Meridian Development Corporation (MDC)
and the City of Meridian
14. Fiscal Year 2024 Net-Zero Budget Amendment in the amount of
$8,000.00 for Meridian Development Corporation Sponsorship of
Transit Stop Public Artwork
15. 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
Meridian City Council Work Session
November 8,2023
Page 3 of 21
16. Approval of Sole Source for Annual Non-Micro Water Testing and
UCMR Sampling by Eurofins Eaton Analytical, LLC
17. City of Meridian Financial Report - September 2023
Simison: Next up is the Consent Agenda.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Move we approve the Consent Agenda as published. For the Mayor to sign
and Clerk to attest.
Overton: Second.
Simison: 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.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There were no items removed from the Consent Agenda.
PROCLAMATIONS
18. Rocky Mountain High School Girls Golf Team State Champions Day
Proclamation
Simison: So, we will go on to our proclamations. Our first proclamation of the evening
will be the Rocky Mountain High School Girls Golf State Champions Day. If I could get
Coach Gibbs and the team to join me at the podium, please. Now, I would like to say
that we are getting tired of this, but we are really not. It's -- it's great that we are here
again to celebrate the Rocky Mountain High School girl's golf team. So, we will go
ahead and do a proclamation and, then, just like in years past if you would state say
your name on the record and the year that you were in school. I know the team is not
the exact same, just the results are the same. So, it's great that we get to continue to
celebrate everybody so -- whereas being a Rocky Mountain High school girls golf team
player is more than teeing off, having strong iron shots, chipping up and down for par
and striving for a hole in one. It is trying to build leadership, character, confidence and
resilience, all traits needed succeed on the green, in the classroom and in the real world
and whereas the hard work and dedication of the Rocky Mountain girls golf team and
coaches has resulted in the fourth straight state title for the school and whereas the
Grizzlies took the 5A Girls Golf State Championship after a dominating performance at
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November 8,2023
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the District 3 tournament and whereas the girls golf team put in time and effort
throughout the season and were able to see their perseverance pay off in the
championship game, proving that team members were in it to win it and whereas the
leadership, training and discipline of their coach helped all team members to focus their
talents, passion, determination to become a winning team, with each player making
valuable contributions to their victory. Therefore, I, Mayor Robert E. Simison, hereby
proclaim November 8th, 2023, as Rocky Mountain High School Girls Golf Team State
Champions Day in the City of Meridian, call upon the community to join me in
congratulating the Rocky Mountain High School Girls Golf Team on their remarkable
athletic achievement and for representing Meridian so proudly in the state tournament.
Dated this 8th day of November 2023. So, on behalf of the city congratulations on your
success and thank you for being here.
Hoopes: My name is Elliana Hoopes and I'm a freshman.
Nichenko: My name is Natalie Nichenko and I'm a sophomore.
Urian: My name is Maggie Urian and I'm a sophomore.
Dabell: My name is Anna Dabell and I'm a senior.
Barry: My name is Jane Barry and I'm a senior.
Gibbs: I'm Coach Gibbs. My third year coaching.
Simison: And you're under no affirmative obligation to stay, unless you really need
credit for something in school. So, appreciate it. Thank you.
19. Meridian Veteran & Spouse Small Business Week Proclamation
Simison: And with that we are going to move on to our next proclamation. Mindi, if you
would like to come forward. So, yesterday I had the privilege of presenting this
proclamation at an event that was being held by the Idaho Veterans Chamber of
Commerce regarding -- and my proclamation was Veterans and Spouse Week. So, I'm
going to read the proclamation, but I'm sure Ms. Anderson is going to tell you a little bit
more about everything that they did yesterday and what they have been working on.
So, whereas nearly one out of ten small businesses across the United States is veteran
owned and are a pillar of our economy and contribute to the foundation of our nation
from Main Street storefronts to virtual high tech startups and whereas veteran and
spouse small business owners are resilient, disciplined and mission oriented, thanks to
their military service and committed to serving our country and communities and
whereas when we resolve ourselves to strengthen our communities we must empower
and support the giants, the veteran and spouse entrepreneurs, are in our economy and
whereas the Adult Veterans and Spouse Small Business Week highlights the programs
and services available to veteran and spouse entrepreneurs through so many resource
partners at the state and federal level and whereas the State of Idaho and the City of
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November 8,2023
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Meridian support and join in this national effort to help American veterans and spouse
small business owners start, grow and recover their businesses after disaster and help
our communities arrive. Therefore, I, Mayor Robert E. Simison, hereby proclaim
November 6th through 11th, 2023, as Veterans and Spouse Small Business Week in the
City of Meridian and call upon the citizens to join me in recognizing and celebrating the
veteran-owned businesses in our community. Dated the 7th day of November 2023.
So, today I'm actually going to give you the proclamation, but we appreciate you and all
that you are doing and if you would like to say a few words and we will do a picture.
Anderson: Thank you, sir. This actually started with Governor Little. He did this last
year for us and we decided to take it across the state and have a couple of cities that
joined in with wanting to do just this week and recognizing and just creating more
awareness, really, of what this is doing for our veteran and spouse community business
owners that have their different challenges and struggles as business owners and they
are underserved to some degree and do need connection and resources and support.
So, I just appreciate not only the proclamation that you did for us, but just all of the
support. You have been at ribbon cutting ceremonies with us supporting our veteran
business owners. You have been at the Purple Heart luncheon honoring our Purple
Heart recipients and it's just been really great to have your support. So, I'm excited that
you were elected again and look forward to continuing to work with you, sir.
DEPARTMENT/ COMMISSION REPORTS [Action Item]
20. Public Hearing for Parks and Recreation Department Lakeview Golf
Course Proposed Fee Increase
Simison: With that, Council, we will move on to Item 20 on the agenda, which is a
public hearing for Parks and Recreation Department Lakeview Golf Course proposed
fee increases. We will open this public hearing with comments from Mr. Barton.
Barton: Good afternoon, Mayor and Council. We were here a couple of weeks ago on
October 17th and presented some new fees for 2024 at Lakeview Golf Course. At that
time there really wasn't any questions and so we have noticed those fees and we are
back this evening to get a resolution -- new fee resolution adopted. With that I will stand
for any questions you have.
Simison: Thank you, Mike. Council, any questions for staff?
Overton: Mr. Mayor?
Simison: Yes, Councilman Overton.
Overton: I don't have a question, but I have a statement that I think needs to be said
and goes for the entire Parks Department. I continue to be impressed about the high
quality and variety of activities our Parks Department gives to everyone in our city for a
variety of different activities that may not be for a whole group of people, but for a
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different selection and slice of our population. For the golf course specifically these
upgrades you have made to the pathway system, to the irrigation system, to the
clubhouse and the future permanent upgrades to the restrooms has done an amazing
job in lifting up, better than I think it's ever been, the quality of what we have as a golf
course in the city and I'm a huge fan of what you have done. It's that Meridian Way
bringing the quality up to what we bring to the city into every way we do it and I think
these fee increases are necessary as we are providing a much better product than we
have ever had in the city for our golf course and it keeps us competitive and continues
to keep our revenue stream coming in.
Simison: Thank you very much. Council, any additional questions for staff? Okay.
Thank you. This is a public hearing. Mr. Clerk, we actually had nobody sign up on --
Johnson: Mr. Mayor, nobody signed up.
Simison: Okay. And we have nobody but staff online. Is there anybody from the public
who plays golf who would like to come forward and make comments on this public
hearing? I see that -- I don't see a yes on that. So, do I have a motion to close the
public hearing?
Overton: Mr. Mayor?
Simison: Councilman Overton.
Overton: With no further public comments, I move that we close the public hearing.
Borton: Second.
Simison: Motion and second to close the public hearing. Is there any discussion? If
not, all in favor signify by saying aye. Those opposed nay? The ayes have it and the
public hearing is closed.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
21. Resolution 23-2423: A Resolution adopting new fees of the Meridian
Parks and Recreation department; authorizing the Meridian Parks
and Recreation department to collect such fees; and providing an
effective date.
Overton: Mr. Mayor?
Simison: Councilman Overton. Item No. 21?
Overton: Yes.
Simison: Next item is Item 21 , a Resolution 23-2423. Councilman Overton.
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November 8,2023
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Overton: Mr. Mayor, I move that we approve Resolution -- Resolution 23-2423, a
resolution adopting new fees of the Park -- Meridian Parks and Recreation Department,
authorizing the Meridian Parks and Recreation Department to collect such fees and
providing an effective date.
Strader: Second.
Simison: I have a motion and a second. Is there discussion on the motion?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Just -- just a brief comment on it. Part of what makes what we are doing
successful is it's based in large part upon a policy, the cost recovery work that was
done, how our golf course is going to fit within that spectrum of cost recovery and I have
been a pretty strong advocate of trying to reduce fees and lower fees for the golf
course, but I also understand that adherence, once we establish an objective policy and
adhere to it, that that's really important. I think what you are doing here in this resolution
meets exactly what we have set forth in the policy. So, this is just one example of many
we have, when a policy has been enacted, now it's for us to make the decision to -- to
follow the steps that we have put in that policy. So, this exemplifies it perfectly. So, it's -
- it's further reason why I'm supportive of the resolution.
Simison: Any additional comments? If not -- do a roll call. My brain is fuzzy. If not,
Clerk will call the roll.
Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and the item is agreed to.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
22. Discovery Park Phase 2 Tennis/Pickleball Court Lighting Update
Simison: Thank you for that one and I think that we will just bring you right back up for
Item 24, which is Discovery Park Phase 2 tennis/pickleball court lighting update
conversation.
Barton: Thank you, Mr. Mayor and Council Members. So, last week we opened up
phase two of Discovery Park. It was ahead of schedule and we are under budget,
which is really good news. Part of what we did during this construction is we installed
conduit that go from a location over to the tennis courts and pickleball courts in case we
wanted to install lighting at some time in the future. If we didn't do this it would be highly
unlikely that we would ever go back, because we would have to tear out a lot of grass
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and concrete and that. So, we have these conduits in place. We have junction boxes in
place. We have gotten calls over time for lights around pickleball courts and so what we
did -- so, part of the -- part of the guaranteed maximum price to build phase two of
Discovery Park and it included the sum of all the bids, the general conditions and also a
contingency amount. The contingency amount right now is largely unspent and that is
four and a half percent of the total cost of the project. It's about 550,000 dollars. So, we
wanted to just take the step to get some pricing to see what it would take -- because we
got these -- because we have been getting these requests, we wanted to see what it
would take to actually go ahead and finish this and put the lights in around the court.
So, we got a price back from our low bid electrical contractor of 165,000 dollars to -- to
do these lights. So, our request and our discussion here today is to see if finishing the
-- installing the lighting at Discovery Park is something that you might want to use some
of that contingency for. The contingency is a hundred percent from impact fees. Just --
that's noteworthy. And part of what we would do with this system -- we checked it -- it
falls within our existing CZC, so there is no issues there. We would have a couple of
timing sets on there. We would have a master timer, so the whole system would be
energized until a certain time at night and, then, you would go to each pole and set a
timer for an hour that would countdown. So, it's not like you could have -- be out there
with the lights on all night long. We would determine that maybe in the summer, for
instance, it could be -- the whole system off at 10.00 p.m. and, then, during the winter
the whole system could go off at say 8.00 p.m. or the shoulder season could be 8.00
p.m. or 9.00 p.m. We haven't quite worked out the complete logistics, but just from the
sake of keeping people in the park after dark, we already have softball fields that are lit
and, then, these fields would kind of fit in that same -- same use. So, with that I would
be happy to answer any questions you have.
Simison: Thank you. Council, questions, comments?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thank you, Mike. Does the park have hours? I just had kind of a basic
question, like do we keep certain hours in the park? How does this extend the usability
of the park?
Barton: So, we do. Generally it's dawn to dusk in parks, but where -- where we have
softball fields that are lit we have people in the park until 10.30 or 11.00 o'clock in the
summer and it's generally confined to the softball areas, but realistically the hope -- the
entire park is open. It's just some of it's dark and it's -- there is a little bit of gray area
there, but it's worked for years where we haven't had any -- haven't had any trouble with
that and, you know, when the lights go off the park's closed.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
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Strader: Are you concerned at all about this kind of opening up a big gray area in terms
of other areas of the park being used after dark? It just kind of -- it sounds fine, but it's
like -- I just want to make sure we really thought it through.
Barton: That's a great question and I don't think that this will any more than -- than the
current softball fields would. I mean the lighting is LED lighting that's pretty directional.
So, it's confined to just the courts. We have a lighting study that there is very little spill
into other areas. Like it's not going to -- it's not going to light the playground. So, you
know, we have been by when -- when there is softball games going on and there may
be a little bit of use that spills out into the park, but it doesn't seem to be rampant and
people are pretty well behaved. So, yeah, I mean when -- when it's dark you can't --
you can't go over into a grass area and throw a Frisbee. It's dark. These lights are very
directional.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you. So, I know that all of the indoor courts get really full in the winter
time. Do we have any other courts that are lit in the city?
Barton: Mr. Mayor, we -- Council Woman, we do not.
Perreault: Okay. Thank you.
Nary: Mr. Mayor?
Simison: Mr. Nary.
Nary: Mr. Mayor, I guess maybe to piggyback on what Mike said, if we were to discover
a problem that it was becoming more problematic for people sort of not -- weren't just in
the area that was lit and maybe kind of the fringe around the area that was lit, but
becoming more problematic with complaints or neighbors and things like that, again, our
ordinance does allow us to designate this area is open and that's all that's open. So,
the rest of the park still could be closed. So, we could certainly button that up in the
ordinance without it being problematic. But as Mike said, we really haven't had an
issue, where there really isn't people creating problems or mischief at other areas of the
park while people are over in the softball areas and they are doing something else
somewhere else. But if that were to be a problem we could certainly address it.
Simison: I think that there might be a few problems in parks where we do things at
night, such as Movie Night. I mean -- so, I saw the lieutenant getting ready to make a
comment, so I thought I would open that up for him just for information.
Harper: Mayor, Members of Council, I think the biggest thing is is proper signage
designating those locations, which, then, will allow us to have the ability to enforce
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those areas that aren't supposed to be being used by the general public. I think that
would help us a lot, because we -- that gray area does make it challenging if we do
have problems and we have -- are having to take enforcement action and not being able
to because of the gray.
Simison: Council Woman Strader, do you have anymore?
Strader: I was going to be asking what the communication plan was to alert the public
and just make it obvious of when -- you know, when -- when -- when and what parts of
the park can be used. I feel like if we are turning lights on we are inviting people. Just
want to make sure it's not confusing for people.
Barton: Council Woman, I think that's -- I think that with a little bit of increased signage
we can -- we can come up with something that fits into our current ordinance and
develop a sign so people do know that it's confined to lit areas only and we -- we
haven't had -- you know, at Storey -- at Storey Park and Discovery where we currently
have softball fields that are lit and a baseball field, we haven't really had any problem
with people thinking the entire park is open. It's been pretty quiet, so -- but I think the
increased signage and communication with the public is a great idea.
Simison: So, Council, would you like to see a budget amendment officially? That was
the direction that occurred previously, even though there is authority. Council didn't
necessarily want contingency to be used. I know the -- just looking for how you would
like to see this come back or if you would like to see it come back.
Watts: Yeah, Council. I think that might have been a different project where they didn't
want to use the contingency. On this there is spending authority for this. It's currently in
the contract.
Simison: It was general guidance that Council didn't want us using -- that's why we are
here to begin with is to try to figure out how Council wants to handle these things. Even
when you have the spending authority it's something that wasn't originally contemplated
as part of the project.
Barton: Yeah. So, my recollection is that was with the golf course irrigation system and
the use of the contingency would be for something entirely different, such as -- it was
the patio shade. So, we did bring back a budget amendment for the patio shade.
Where this is -- is in the contract and we are -- we are just -- we are just asking for
spending authority. Want to be completely transparent as far as our scope goes and
this would be an increase over the original scope, but we have the budget and we don't
need to do a guaranteed maximum price amendment of any kind. It's a -- it's an
authorization to our contractor to proceed.
Watts: And I would caution to -- to not take that too far, because that's contingency for
every single project. You know, that would mean that every change order would need a
budget amendment. So, I want to try to stay away from that. This -- this -- like I said,
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this money is budgeted. It's in the actual agreement already for our construction
manager and this would just be authorizing additional work to complete a project. That
the -- the wiring, the conduit, that's all in the scope currently. This is just installing --
purchasing and installing the lights I believe.
Borton: Mr. Mayor?
Simison: Was that Councilman Borton? You are on my bad eye.
Borton: I'm piecing it together. I appreciate the input from both. I think it makes great
sense with that explanation and -- and I appreciate the attention to detail and -- and
transparency for sure, but at least even on the public record talk about this, explain what
we are doing and why. Even if it doesn't necessitate a budget amendment it seems
appropriate to make it known publicly what's happening. So, it seems to fit. Impact fee
funding is designated for it. Sounds like a great addition.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I would like to hear from Director Siddoway if this leaves an adequate amount
of impact fees for other priorities or how this might impact other projects that he would
like to do.
Siddoway: Yes. I would be supportive. I believe that this -- these are funds that have
already been encumbered for Discovery Park and it's just spending them on Discovery
Park where they have already been encumbered. So, yes, I believe it's appropriate.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: All right. I appreciate that. But the reason I'm mentioning it in part of the whole
contingency thing is if it's not spent, right, the contingency would go back and so it could
be used for something else. So, that's the reason I'm asking. But it sounds like you are
very supportive of it. You feel like this is a good addition to the park. Doesn't leave you
concerns about the adequacy of the impact fees for your other priorities where you
might need more.
Siddoway: We can always use more impact fees, but I do feel that this is a good use,
so I'm supportive. Yes.
Strader: Okay.
Siddoway: Yes.
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Simison: And so, Council, would you like to -- someone like to make a motion or is a
head nod -- how would people prefer to give direction on the spending issue?
Borton: Mr. Mayor? Mr. Mayor?
Simison: Councilman Borton.
Borton: Just move it through with a motion, even if it's not necessary. Couldn't hurt.
Simison: Okay.
Borton: Mr. Mayor, I move we approve the request to utilize the -- the impact fees
available for Discovery Park phase two tennis and pickleball court lighting as presented.
Overton: Second.
Simison: Have a motion and a second. Is there further discussion? If not, all in favor
signify by saying aye. Any opposed? The ayes have it and direction is given. Thank
you. Appreciate it.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
23. Civic Block Update
Simison: Next item up is Item 23, which is a Civic Block update. Mr. Miles.
Miles: Good afternoon, everybody. Just handing around a simple timeline. I did e-mail
that to you all this morning, but I know many of you might not have gotten to it. Really,
my job today is just to give a little bit of background of how we got here and the timeline
of the Hunter Lateral relocation project, as well as -- as it relates to the Civic Block
project and wanted to just make sure that you are all aware and everybody is on the
same page -- the public's on the same page of where we stand today with some of the
actions that have occurred through the last few months. Beginning, really, with April
18th, 2023, if you recall there was a first amendment to the Memorandum of
Understanding between River Caddis, MDC, and the city that addressed allowing the
city to construct a project, as well as the -- extend the MOA timeline, which gave River
Caddis time to continue to work through the economic challenges they were having to
see where they could make the project viable or not. That led to August action where
you all approved, essentially, a placeholder budget amendment to allow for the funding
to repay the River Caddis if they were to move forward. Fast forward into October we
progressed through the bid process as well to help that move along. Received bids
back and, then, just on October 31 st we got the letter from River Caddis that they were
not going to move forward and they were going to terminate their end of making the
project happen. So, that sort of leaves us in a position where -- the way I summarize is
there is four pending actions that are coming forward and we want to make sure that
you are all aware and everybody is in general alignment of where those are going. One
Meridian City Council Work Session
November 8,2023
Page 13 of 21
being that we -- before terminating the MOA we need to consider approval of
purchasing the plans from River Caddis, so that the city owns the rights to the plan and
can move forward if they choose to when the project is under construction we actually
have plans. So, before terminating the MOA we have to take the action in the MOA to
do that. That's step one. Step two would be -- and I would look to Mr. Nary a little bit,
but there is a legal action within the MOA to say we are also terminating, we agree that
effort is complete and done through the MOA. And, then, third and fourth would be
approving a budget amendment for the construction of the Hunter Lateral that the city
would be constructing and we would just move on separately as our -- our own project,
with the intent of whatever happens to the civic block is a later conversation between
you all, MDC, of what's best for that property and that moving forward for the
community. And, then, finally approving the construction contract. So, those are sort of
the four actions that we see coming back to you next week. If there is general
alignment, which I think there is, but we just wanted to come in front and let you all
know where we stand and what we think are the right next steps to happen, make sure
everybody is on the same page and if there is any questions, between Bill and I think
we will do the best we can to answer them.
Simison: Thank you. Council, questions?
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: You said four actions next week. It wouldn't -- all four wouldn't be something to
act on next week, would it?
Miles: So, Mr. Mayor and Councilman Borton, that would be our intent. We could move
forward with buying the plans, purchasing the plans and terminating the MOA. We
could also move forward with awarding the contract and approving a budget
amendment and awarding the contract as well. So, we could do separate actions, as I
understand.
Borton: Okay.
Simison: And if anyone is not approved, then, the next ones don't happen. So, it's but those would be the four steps that would be necessary in order to do the projects or the project. Council Woman Perreault was next.
Perreault: Mr. Mayor, thank you. Could you clarify the role of the city and MDC in these
four steps and, you know, which party is doing what and, then, is -- are we to
understand that -- that none of the funds are coming from -- from MDC dollars, this is
just going to be funded entirely by -- by general fund monies?
Miles: Mr. Mayor and Council Woman Perreault, that's my understanding at this point in
time. The city's in the driver's seat of the project and funding.
Meridian City Council Work Session
November 8,2023
Page 14 of 21
Simison: Council Woman Strader.
Strader: Thank you, Mr. Mayor. Is there a discussion around the purchase price of the
plans?
Miles: Mr. Mayor and Council Woman Strader, there has been and so through the
Public Works Department they have been working with River Caddis. The purchase
price that has been invoiced and reviewed by the Public Works -- invoice by River
Caddis and reviewed by Public Works is roughly 93,000 dollars. That includes their
design work, their architectural fees that they have gone through. The bid price from
the construction is roughly 618,000 dollars. So, you add those two together, along with
contingency and there is construction services and some fees for street lighting as well.
The budget amendment you would be sitting around is 801,000 dollars that you would
be seeing, with the construction price, again, being the 618 that was at opening.
Strader: Uh-huh. And if we were to purchase our own plans how do we think that price
compares. Is it similar?
Miles: Mr. Mayor, Council Woman Strader, that's a good question. I think general
standard practice is you are in that ten to 20 percent range of the project costs. Do the
-- the math of whatever the project --
Simison: Dave, can you get closer to the mic?
Miles: Sorry. General -- general practice in that ten to 20 percent of a project cost for
design plans. So, you are probably right in that ballpark.
Strader: Okay. I think what I'm struggling with a little bit -- at some point it makes sense
to do the Hunter Lateral. I think the main driver of that was the civic block project. That
project is not moving forward. I don't -- I guess I don't really feel that there is an
urgency, besides perhaps urban renewal, around the timing. So, I -- I -- I don't really
know if I view it -- I guess maybe clarification whether you all are advocating for steps
one through four or some of the steps, because it doesn't seem like they are, you know,
all required to happen; right?
Miles: Mr. Mayor, Council Woman Strader, I think at this point in time staff are
advocating to move the project forward and primarily what -- what we think about is
knowing that a project is -- wants to be considered or something eventually will happen,
the property becomes much more useful, more attractive when there is an improvement
made to it. If there is Hunter Lateral relocation -- from what we heard from River Caddis
has been that that was a big component of the challenges they were facing. So, you
have a much more usable project -- or property with one of the infrastructure
impediments out of the way and that's been the discussion the city's been having of,
well, do you improve the land to the point where it becomes easier and more acceptable
for a project to happen, whatever that project is, by getting the Hunter Lateral to a point
where it's now not a factor in developing that piece of land.
Meridian City Council Work Session
November 8,2023
Page 15 of 21
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. Just -- I think it can -- I have a couple of concerns -- a concern that I
have is I don't -- I don't view it that the Hunter Lateral is the main obstacle to the
success of a project on this site at this time. It looks like construction costs, financing
costs, interest rate environment are a big factor. I don't know that the Hunter Lateral
cost in the scheme of a project of this size would -- would be a main impediment. It's
also where we are using our current community center, the small -- and I guess Steve
Siddoway would say the inadequate community center, but that is where we are --
where we do have a community center and it may take us time, you know, to -- to get
our ducks in a row to find a way to pay for -- for a bigger one and I think we should take
our time. I don't think there is a rush. So, I -- I -- I guess I'm struggling around the
urgency around timing why we need to do this now. Makes sense to me that, you know,
at some point we need to back out of the MOA, like that -- that seems pretty obvious. If
the other party is, then, we need to do that. But if I'm just not -- and maybe I just need
to think about it more, but I'm not understanding why we would move forward on the
Hunter Lateral at this time. I don't see how it's in our best interest.
Simison: Just from a practical standpoint, I think one thing we found is the Hunter
Lateral can only be done during a certain time. So, unless you align a future project you
could still delay a project by up to a year without it being done. You are correct, we
don't know when we are going to move forward, but we know if this -- this can only be
done during certain times of the year in order to achieve the goal for that right
opportunity. Don't disagree. It may not produce a product in the next year or two, but it
doesn't impact the community center. There is no impact to that. It actually could make
it a viable place to put the community center if we wanted to put it there in the future,
because we have eliminated that -- that challenge of not being able to build over that
space. Makes the property more valuable for -- if we do put it out for an RFP. So, we
will recoup the cost and unless Warren wants to tell me differently, construction prices
are not going down. So, eventually, it will cost somebody more. If -- if the viewpoint is it
would be the developer side of it, that's okay. But I think that -- I would like to think that
we are going to recover a good portion of our costs from doing this, because the price of
the land that would be done through an MOU would be different than the 300,000 that
we were doing before. What will the price of that land be in two years I couldn't say, just
like the construction cost. So, it is just really why we are preparing this for what we
think we want it to ultimately become or do we not and we may have a similar situation
where we got to wait a year for a project. Depends on the timing, which is sometimes
going to be out of everyone's control and we got to what we believe is a great price for
the low bid.
Miles: And, Mr. Mayor, if I may, just to add one more. Appreciate your comment about
is it the right time to do that. We have just been operating under -- the staff has been
operating under the guidance of trying to move the product forward. So, I think it's a fair
question for you all to consider, but to the Mayor's points and we are working
Meridian City Council Work Session
November 8,2023
Page 16 of 21
underneath the bid contract as well. If this is the direction we are going we do need to
take action, so that we can award a contract within a timely range as well. So, that's
sort of how we have been operating. But it's a -- it's a valid point and I appreciate the
comment and I think that's something for you all to consider.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: It's been a few years since the details were presented. Can you remind us if
there is benefit to other properties outside of the civic block perimeter? If I recall
correctly there -- there are going to be benefits beyond just that site for other parcels or
other properties in downtown by finishing this; correct? Or is my memory poor?
Miles: Mr. Mayor and Council Woman Perreault, I might defer a little bit to Public Works
if they are sitting there behind me. I think ultimately when you improve a piece of
infrastructure there is a benefit to everybody that's served by that, but that's -- that
would be the -- the first thing that I would --
Simison: Phone a friend.
Miles: Yeah. There is Warren.
Stewart: Mayor, Council Woman, there is value -- anytime you replace and put in new
infrastructure there is value in that. You increase the longevity of that infrastructure and
that serves the downstream users -- or that benefits the downstream users. I think the
one thing that is important to keep in mind is at one point this project contemplated
going additional blocks to the north. Because of the cost of that that was scaled back.
So, the benefit to those properties further to the north is not what it used to be and so
there's really no other project -- or no other parcels that are directly impacted besides
those at the civic block. But I can say downstream users will benefit from the fact that
there is new infrastructure delivering that and that's going to provide better service.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: What -- what other benefits -- and I'm not -- Dave, I'm not sure if you are the
right person to direct this to, but what other benefits are there to the city besides -- I
understand if we -- if we put, you know, money into something it's worth more. That --
that -- that -- that's always going to be true, though, and I have concerns around the
timing. But what are the other benefits of doing this? Is there something around the --
the site -- that this improves the site? Like how does it make it more usable? I guess
help me understand what other benefits -- if -- let's say that we never build -- and I hope
not, but let's say that we can't figure it out, there is no good way to pay for it and we
Meridian City Council Work Session
November 8,2023
Page 17 of 21
don't build a community center for ten years. How could this site be improved to make
our existing community center more usable?
Miles: Mr. Mayor, Council Woman Strader, maybe a question. How could -- how does
this improvement improve this site?
Strader: Yes.
Miles: Again, taking a piece of infrastructure that currently bisects the project across
diagonally --
Strader: Uh-huh.
Miles: -- anytime anything's going to happen there into the future you are going to have
to deal with it and so by doing it today in today's dollars you are not going to pay
tomorrow's dollars. That's -- that's really the simple explanation of it. If nothing else
happens and this is just the relocation, you are getting new infrastructure that services
that piece of infrastructure and those downstream users and you are clearing out a site
that says there is a vacant site that has one less impediment to it. That's the best way I
can describe the -- the long-term benefits of doing just this project and nothing else.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: I was thinking more along the lines of -- and I just don't have it in front of me,
but here is how -- you know, here is the square footage of the site that becomes usable
that's not accessible right now. You know, we could expand the parking, we could
expand the footprint of the building, I'm assuming those things are all true. I just -- I
don't recall how much of the site is dissected.
Miles: Mr. Mayor, Council Woman Strader, I don't have the -- the specifics off the top of
my head. We can get them for you.
Strader: Okay.
Miles: I think ultimately if you think about various improvements, you know, do you plant
grass, pavement over the top of infrastructure today with agreements? Yes. That can
sometimes happen, depending on where the irrigation district lets you go. The second
you start talking about footings and electrical, plumbing, sewer, those types of things,
you are digging into the ground and so now you -- you are -- again, not knowing the
specific -- not recalling the specific project off my -- property off the top of my head, but
it's tough to say where you are going to put a building over the top of a piece of
infrastructure without impacting it.
Meridian City Council Work Session
November 8,2023
Page 18 of 21
Simison: We can provide the diagnostic that showcases the amount of space that
would be opened up for a building, because to your point, even if we want to do -- it
would be difficult for us to expand our current facility, even if we just wanted to take half
of it, because of where it cuts through. Is it 30 feet or 40 feet that cuts through that
property, because of the lateral?
Strader: Mr. Mayor?
Miles: Or I can phone a friend.
Stewart: Mayor and Council, I don't recall. It's at least a 30 foot easement that
encompasses that irrigation line. It's a fairly large line. I think the pipe that we are
replacing it with is a 30 inch diameter -- 36 inch diameter pipe. So, it's got a fairly
significant easement across it and it runs across the center of that block. Almost the
center. It's slightly to the west, I believe, closer to our existing building. So, you couldn't
expand very much until that became a problem, because you can't build over the top of
it. So, any kind of a building you are going to put there is going to be limited in size on
either side of that easement.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Sorry. Just one more question. Forgive me. Maybe this is not -- given that a
parks facility exists on the site and will potentially in the future, is there a reason that we
can't use impact fees for this project?
Miles: Mr. Mayor, Council Woman Strader, I defer a little bit to Finance and Steve, but
my understanding is if it -- if a project is identified inside of the impact fee study you
could use impact fees for a project that's identified in there. I don't know if you can --
Simison: We will let Steve answer that question, because it has a little bit more to do --
Siddoway: Mr. Mayor, Council Woman Strader, you cannot use impact fees to renovate
or replace an existing facility.
Strader: Oh.
Siddoway: It has to be new -- part of a new project that -- it does have to be capital.
This is capital. But it doesn't do anything to provide a new facility that's growth related
that the new folks will be paying for.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Meridian City Council Work Session
November 8,2023
Page 19 of 21
Strader: That's kind of what I was getting at. So, would that be true even if -- like let's
say that we were to do this project and it resulted in expanded parking facilities,
because the area available at the site has now expanded and it is more usable. Would
that -- would that count or is that -- or does it have to -- help me understand --
Siddoway: If there was an impact fee for a parking facility I suppose you could.
Strader: Right.
Siddoway: But not in the current fee.
Strader: Okay. Well, let's take it offline. I want to dig into the details. Thanks.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: To prepare for a discussion on this topic next week or in two weeks it could help
-- be helpful if -- if any Council Members have information that they would like, whether
it's a map showing the location of it, whether it's confirming there is no alternative
funding source use of impact fees, things like that, I think it would be great to ask you
that now, so you have -- or we get what we are all looking for, so we can discuss it with
that data next week. The thing that I would ask for is the timetable. One of the benefits
would be if what you are recommending were to be approved, just provide us that
schedule that says if it's approved, then, we would presume that construction would
start this month and be finished this month and that's the window where there is some
benefit to hitting this particular window when you could do it. That would be helpful to
see.
Miles: Mr. Mayor, Councilman Borton, I appreciate that comment. Rough timeline. The
construction season is now until March 15th due to the irrigation season. So, I'm
guessing --
Borton- Again, I'm not -- not asking you to figure it out now, but just to be able to
describe here is when it could fit and it could fit and it could finish -- if you approve it
now we can finish it by X date.
Watts: And one more thing to consider, we have a current bid that we have issued and
that bid will expire on the 17th, next Friday. So, we will open ourselves up to possible
escalation charges, as we -- you know, unless the contractor is willing to hold his price
further and that would be something I would have to do between Tuesday and Friday if
we don't move forward.
Simison: Which is the reason why next week is really the week to make decisions one
way or the other. Either to say no to the bid and I'm not going to presume what it means
to River Caddis with the purchase. Yeah.
Meridian City Council Work Session
November 8,2023
Page 20 of 21
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you. I appreciate Councilman Borton bringing up specifics. For me I
would specifically like to know the pros and cons of leaving this for the next purchaser
or developer of this property versus doing it now. The Mayor mentioned added value. If
there is a way for us to get an assessment of what value will be added to the property
by -- by doing it. Just -- just a rough current valuation. I realize that we can't project in
the future. But let's talk with our real estate contacts about, you know, how much value
that does bring. Whether -- whether the value is monetary or not and also -- or is it just
value of marketing. It would -- you know, if we -- if we were to -- to put out an RFP for
the development of it again, is that going to bring us more applicants, because it's done
or not, that kind of thing.
Miles: We can do that.
Hoaglun: Mr. Mayor? Mr. Mayor?
Simison: Oh. Councilman Hoaglun. Thank you.
Hoaglun: Yeah. You know, where is that adage about time is money and by not moving
it. This URD expires in 2040. You know, next year that's 16 years. You are not going to
be pulling the revenue in over that longer period of time and if -- if we get -- there was
another interested party that was a part of that request for proposals and bids
previously. If they come in next year and it's irrigation season, they have to wait another
year to make that move. Time is money and we are losing out on revenue. So, if there
are things that you think, well, maybe MDC should reimburse the city or other options
we can explore that. But, again, any delays is going to delay any activity on that site
and doing something that generates revenue to our economy, to our downtown and the
vibrancy and if someone comes in -- and I know that the commercial markets are
somewhat questionable, but there might be someone coming in who -- they don't have
to rely on those commercial markets quite as much. So, who knows. That's all I have
to say on that.
Simison: And if it's a financial issue, the city could -- as was mentioned, we could enter
it into a reimbursement agreement with MDC if that's an important component for the
city to consider.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. I would like to understand some of the details around the
reimbursement agreement and whether that's a viable option.
Meridian City Council Work Session
November 8,2023
Page 21 of 21
Simison: We will ask Ms. Squyres to reach out to you with that, because I know she's
listening.
Strader: Great.
Simison: Okay.
Miles: Thank you.
Simison: Thank you, Dave. Council, we have reached the end of our work session. Do
I have a motion to adjourn?
Perreault: So moved.
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 5:25 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON
11-21-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the October 24, 2023 City Council Work Session
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
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Apex Northwest Subdivision No. 4 Water Main Easement#2 (ESMT-2023-
0149)
Project Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-063374
Apex Northwest Subdivision No.4 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/09/2023 08:42 AM
CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number: 2
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0149
WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between DWT Investments LLC
and SCS Investments LLC,("Grantor"),and the City of Meridian, an 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 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 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.
[End of Text; Signatures to Follow]
Water Main Easement Page 2 Version 04/17/2023
GRANTOR: DWT INVESTMENTS, LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation,
Manager
By:
Robert L. Phillips, President
STATE OF IDAHO y
ss.
County of Ada
0
On this 11� day off in the year of 2023, before me a Notary Public of said State,
personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton
Corporation,the Manager of DWT Investments, LLC, the company that executed the instrument or the
person who executed the instrument on behalf of said company, and acknowledged to me that such
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
l
AMANDA MCCURRY Not ' Public for Idaho
COMMISSION#29528 r� 202�
NOTARY PUBLIC My Commission expires l
STATE OF IDAHO
MY COMMISSION EXPIRES 04/15/2029
GRANTOR: SCS INVESTMENTS LLC
an Idaho limited liability company
By: Ilia 4- IL�
Michael A. Ha , President
STATE OF IDAHO )
)ss.
County of Ada )
This record was acknowledged before me on October �S ,2023,by Michael A. Hall
as the President of SCS Investments LLC, an Idaho limited liability company.
DONNAWILSON otary Public for Idaho
COMMISSION#67674 My Commission Expires:
NOTARY PUBLIC
STATE OF IDAHO
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 11-8-2023
Attest by Chris Johnson, City Clerk 11-8-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-8-2023 (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
km
E N G I N E E R I N G
October 26, 2023
Project No. 22-023
Lake Hazel Rd.Sewer and Water Project
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Utility Easement situated in a portion of the Southwest 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 found 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 ar aluminum cap marking the Southeast corner of said Section
31;
Thence following the southerly line of said Southeast 1/4 of Section 31,S89°42'21"E a distance of 96.50 feet;
Thence leaving said southerly line, N00°16'52"E a distance of 84.00 feet to the proposed northerly right-of-way
line of E. Lake Hazel Rd.and being the POINT OF BEGINNING.
Thence following said proposed northerly right-of-way line, N89°43'08"W a distance of 62.75 feet;
Thence leaving said proposed northerly right-of-way line, N00*16'52"E 212.93 feet;
Thence N33°17'30"W a distance of 17.50 feet;
Thence N89°43'08"W a distance of 24.07 feet to the westerly line of the Southeast 1/4 of said Section 31;
Thence following said westerly line, N00'16'52"E a distance of 38.00 feet;
Thence leaving said westerly line,S89'4308"E a distance of 24.07 feet;
Thence N33'51'15"E a distance of 17.50 feet;
Thence N00°16'52"E a distance of 276.41 feet;
Thence S89°43'08"E a distance of 20.00 feet;
Thence N00°16'52"E a distance of 4.00 feet;
Thence S89*43'08"E a distance of 42.75 feet;
Thence S00'16'52"W a distance of 295.00 feet;
Thence S89'43'08"E a distance of 29.00 feet;
Thence S00*16'52"W a distance of 20.00 feet;
Thence N89°43'08"W a distance of 29.00 feet;
Thence S00°16'52"W a distance of 245.51 feet to the POINT OF BEGINNING.
Said parcel contains 37,095 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. � 1. LAryD
a w 12459 0 m
If OF %
c a •2�0'���
5725 North Discovery Way • Boise, Idaho 83713 • 208.639,6939 • kmengllp.com
E. Phenomenal
4—
L7 — L9— -0 St. (Proposed)
LS I
I I
I� of
IJ JI
S89'43'08"E
�29.00' LINE TABLE
L4 Proposed Apex LINE BEARING DISTANCE
Northwest I��S0.00' 2"W l L1 N33'17'30"W 17.50
L2
Subdivision No. 4 LN89'43'08"W L2 N89'43'o8"W 24.07
I
29.00' -
L3 NO'16'52"E 38.00
Unplatted + I DWT Investments LLC L4 S89'43'08"E 24.07
51131438901 L5 N33'51'15"E 17.50
I I L6 NO'16'52"E 276.41
X LO
> I L7 S89'43'08"E 20.00
� N I - L8 NO'16'52"E 4.00
I LiE Q N I L9 S89'43'08"E 42.75
LO
2 I 0 -0 3 a I L10 Sol 6'52"W 295.00
0
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Z (I
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s i I (AN)
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0 60 120 180
LD I I Plan Scale: 1" =60'
c N89'43'08"W
62.75' cc
v
POINT OF BEGINNING >
w 0I
Q ED
o
E. Lake Hazel Rd. o
OIL -JI
3 Z 00 LA)
a CF 96.50' _ _ _ _ _2543.50' _ _ 31 32
POINT OF COMMENCEMENT N89'42'21"W 2640.00'
c FOUND 5/8" REBAR, "ALB 12459" BASIS OF BEARING FOUND ALUMINUM CAP 5
S 1/4 CORNER SECTION 31 SE CORNER SECTION 31
E N G I N E E R I N G
m 5725 NORTH DISCOVERY WAY
X BOISE,IDAH083713
PHONE(208)636.6939 Exhibit B - City of Meridian Sewer and Water Easement
�+ kmengllp.com
Lake Hazel Rd. Sewer and Water Project
i DATE: October2023
PROJECT: 22-023
SHEET: A portion of the SW 1/4 of the SE 1/4 of Section 31,
1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho
6
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Dutch Bros at Ustick Water Main Easement No. 3 (ESMT-2023-0144)
Project Name(Subdivision): ADA COUNTY RECORDER Trent Tripple 2023-063375
Dutch Bros at Ustick BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/09/2023 08:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easement Number. 3
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See instructions for additional information).
ESMT-2023-0144
WATER MAIN EASEMENT
THIS Easement Agreement, made thisgth day of November,2023 between Ostedoh Properties,LLC
("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee");
i
WHEREAS, the Grantor desires to provide a water main righvc�f-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 rece ved by the Grantor, and other
good and valuable consideration, the Grantor does hereby gi e, grant and convey unto the
Grantee the right-of-way for an easement for the operation a;d 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 su h facilities at any and all times.
TO HAV E 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 epairing, replacing or restoring
anything placed within the area described in this easement th t was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not (lace or allow to be placed any
permanent structures or obstructions within the easement rea that would interfere with
Grantee's use of said easement, including, but not limited o, 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-ofway
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:
Osterloh Properties, LLC
of4)
STATE OF nANO )
s0.ft' Layp-) ss
County of X )
It1d-A 3
This record was acknowledged before me on (date) by r Q`
(name of individual), [ complete the following if signing in a representative capacity, or strike
0 S*r la LC
the following if signing in an individual capacity] on behalf of_ Y firms (name of entity on
behalf of whom record was executed), in the following representative capacity:_Offer
(type of authority such as officer or trustee)
� � I
,c .,s$am "ELS°"
ota blic•State of Utah )
Comm.No.724610
f My Commission Expires on
' ...v'' May 25,2026 NO ary ,Ig ature
My Co fission Expires: 25, 7-02-9
a ARYN NELSON
o Notary Public•State of Utah
Comm.No.724610
My Commission Expires on
•• May 25, 2026
Water Main Easement Page 2
i
Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E.Simison, Mayor 11-8-2023
Attest by Chris Johnson, City Clerk 11-8-2023
i
STATE OF IDAHO, )
:ss.
County of Ada )
This record was acknowledged before me on 11-8-202date) 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
l
1
Version 04/17/2023
Water Main Easement Page 3
i
05`!� LEGAL DESCRIPTION
���- THE J
mad
LAND Page 1 OF 1
....� GROUP
September 26, 2023
Project No.: 123061
EXHIBIT"A"
WADSWORTH MERIDIAN SUBDIVISION
WATER EASEMENT No. 3 DESCRIPTION
An easement located in Government Lot 1 in the Northeast Quarter of Se ion 5,Township 3 North,
Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being ore particularly described as
follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 Noah, Range 1 East, (from which
the North Quarter Corner of said Section 5 bears South 89°39'20"West, 2�56.46 feet distant);
Thence from said Northeast Corner of Section 5, South 89°39'20"West, a �Iistance of 497.37 feet on the
north line of said Section 5;
Thence South W20'40"East,a distance of 80.92 feet to a point on the so�therly right of way line of
East Ustick Road,said point being the northwest corner of Parcel"A"of Record of Survey No. 13633,
Instrument No.2022-078886,of Ada County Records and the northwest c rner of the City of Meridian
Water Easement,Instrument No. 2021-132715,of Ada County Records;
Thence South 01°05'59"West,a distance of 151.00 feet on the west boundary line of said Parcel "A"to
the southwest corner of said Parcel "A"and the northwest corner of Lot 5lof Wadsworth Meridian
Subdivision, as shown on Page 19070 in Book 121 of Plats, Instrument NoJJ 2021-151043, of Ada County
Records;
Thence on the common lot line of said Parcel"A"and Parcel "B"of Record of Survey No. 13633,
Instrument No. 2022-078886, Records of Ada County and Lot 5 of said Wadsworth Meridian Subdivision
for the following courses and distances:
Thence South 88°54'01" East, a distance of 56.00 feet;
Thence North 01°05'59"East,a distance of 32.89 feet;
Thence South 86°01'47" East, a distance of 198.05 feet;
Thence South W06'00" East,a distance of 54.30 feet to the northwest corner of Lot 4 of said
Wadsworth Meridian Subdivision,said point being the POINT OF BEGINNING;
Thence South 84°06'00"East,a distance of 14.05 feet on the co mon lot line of said Parcel "B"
and said Lot 4;
Thence South 05°08'34"West,a distance of 21.03 feet to a poin on said City of Meridian
Water Easement;
Thence North 84°51'26"West,a distance of 14.33 feet on said water easement;
Thence North 05°54'00" East, a distance of 21.22 feet on the wept boundary line of said Lot 4
to the northwest corner of said Lot 4,said point being the POINT OF BEGINNING.
The above described Easement contains 300 square feet more or less.
PREPARED BY: LA1��js
The Land Group,Inc. T;�p p
a "Y888
James R.Washburn 9-26-2023
of,pP��
462 East Shore Drive, Suite 100, Eagle. Idaho 83616 2 8.939.4041R.SPA`
NORTH 1/4 CORNER NE CORNER
SECTION 5 SECTION 5
UN.,R.1 E.,B.M. UN.,R.1 E.,B.M.
E. USTICK ROAD S.32 S.33
S.32 S89°39'20"W 2656.46'
T.4N.,R.1E.,B.M. _ _ '..�_�
1/4 S.5 2159.09, T.3N.,RAE.,B.M. 497.37'
S.5 SA
- — ---- - - __ - -
J - �� -
_,� PARCEL°A°
t ROS13633 PARCEL°B"
t ROS 13633
WATER EASEMENT No. 1 q
II 1 I TER EASEMENIT No.2
t II I w
t
11 1 1 P08-3
I t 75.48 122.5T
L WATER EASEMENT No.3 W S86°01'4
�— _ 198.05 _ 0.01 ACRES(300 SQ.FT.)
L5 �. -
—L3 --, r---------- L9' J— —��- i
Li --- — ______ L8 8 ---�
CITY OF MERIDIAN r�
WATER EASEMENT WATER E SEMENT No.2 I
INST.#2021-132715 I
O 1 I
_ �WADSWORTH 1 l4 1
_ 'MERIDIAN SUBDIVISION
r I I
r
Line Table Line Table
LINE BEARING LENGTH LINE BEARING LENGTH
L1 S00020'40"E 80.92' L6 S84006'00"E 14.05' os L LANO
T L2 S01005'59"W 151.00' L7 S05008'34"W 21.03'
L3 S88054'01"E 56.00' L8 N84051'26"W 14.33' a 7880 2
L4 N01005'59"E 32.89' L9 i N05°54'00"E 21.22' 09-26-2023 0
F ���� �
L5 S84°06'00"E 54.30' �S R. w ,
0 100, 200'
Exhibit "B"
A Horizontal Scale:l"= 100'
Project No.:123061
Date of Issuance:9-21-2023
t '%-THE Water Easement No. 3 r
M LAND City of Meridian r
GROUP Dutch Bros Coffee of Cany n County
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Meridian Middle School Cafeteria Sanitary Sewer and Water Easement
(ESMT-2023-0153)
ADA COUNTY RECORDER Trent Tripple 2023-063469
BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/09/2023 11:15 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):
Meridian Middle School Cafeteria Addition
Sanitary Sewer&Water Main Easement Number:
1 of 1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0153
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between
Joint School District#2 dba West Ada School District(°°Grantor") and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain 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 sanitary sewer and 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
sanitary sewer and 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.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
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
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:
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on J�) (date) by
.Sown \\t1 (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 Sc%n�r SLY-oak i's.tWa"I'Z— (name of entity on behalf of whom record was
executed), in the following representative capacity:_QK.L� (type of
authority such as officer or trustee)
�. O •••N•••• ••
•� ,,No.3y! 'LO (stamp)
Np'VARY i
Notary Signature
'�•��pUBO! :•• My Commission Expires:_ l ZLo
loose
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 11-8-2023
Attest by Chris Johnson, City Clerk 11-8-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 11-8-2023 (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
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
LEGAL DESCRIPTION
Or -d THE Page 1 OF 1
LAND g
GROUP
September 6, 2023
Project No.: 121036
SEWER—WATER EASEMENT
CITY of MERIDIAN
WEST ADA SCHOOL DISTRICT(MERIDIAN MIDDLE SCHOOL)
An easement located in the Northeast quarter of the Northwest quarter of Section 12,Township 3
North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly
described as follows:
COMMENCING at the North One Quarter corner of said Section 12, (from which the Center One Quarter
corner of said Section 12 bears South 00'35' 21"West, 2652.93 feet distant);
Thence on the north-south mid-section line of said Section 12,South 00'35' 21" West,307.22 feet;
Thence leaving said mid-section line, North 89' 24'39" West, 64.00 feet,to a point on the westerly right
of way line of West 81h Street and the POINT OF BEGINNING:
Thence South 00'35' 21" West, 20.00 feet;
Thence North 89' 14' 05"West, 183.50 feet;
Thence South 45'08' 55" East, 88.29 feet;
Thence South 44' 51' 05" West, 20.00 feet;
Thence North 45'08' 55" West, 93.80 feet;
Thence North 88'24' 29"West, 116.40 feet;
Thence South 64' 25' 25"West, 6.46 feet;
Thence South 25'34' 35" East, 18.66 feet;
Thence South 64' 25' 25"West, 20.00 feet;
Thence North 25'34' 35"West, 18.66 feet;
Thence South 64'25' 25"West, 93.72 feet;
Thence North 25' 17' 33" West, 20.00 feet;
Thence North 64' 25' 25" East,40.79 feet;
Thence North 00'45' 55" East, 26.12 feet;
Thence North 89° 14' 05" West, 139.53 feet;
Thence North 00'45' 55" East, 20.00 feet;
Thence South 89' 14'05" East, 537.16 feet to the POINT OF BEGINNING.
The above-described easement contains 0.39 acres (17,168 Ft') more or less.
PREPARED BY:
The Land Group,Inc. �S���AC NA O ts,
Michael S. Femenia t�
0-
0
a �
of 4'
ZL
09/06/2023
462 East Shore Drive, Suite 100, Eagle. Idaho 83616 208.939.4041 thelandgroupinc.com
Sewer / Water Easement S���A�Nsfor s� o 0-
City of Meridian owe �� _ act
Situate in the Northeast Quarter of the a 13 5 O ,~
Northwest Quarter of Section 12
Township 3 North,Range 1 West,Boise Meridian q f�F Q. N89°34'19"W 2652.90'
City of Meridian,Ada County,Idaho �'Ir NW COR.SECA2
2023 AAt S N1/4 SEC.12
U9/UG/2U23 I
SEWER-WATER EASEMENT
0.39 Acres-
o N �� _
(17,168 R2) N89°24'39"W 64.00' `" O
_ S89°14'05"E 537.16' POB �� M f
77'r=//z L6 3:
N89°14'05"W 139.53' M N89°14'05"W 183.50, �1 �
L7 L5 W M M
1507 NW 8TH ST �� v
WEST ADA SCHOOL DISTRICT
APN: S1212212415 W = v O
y =
E Line Table Line Table Line Table C1/4 SEC/12 co) y
a)
E LINE BEARING LENGTH LINE BEARING LENGTH LINE BEARING LENGTH W O 'a
L1 S00°35'21"W 20.00' L6 S64°25'25"W 6.46' 1-11 N25°17'33"W 20.00' I O 5�
L2 S45°08'55"E 88.29' L7 S25°34'35"E 18.66' L12 N64°25'25"E 40.79' cc y G
L3 S44°51'05"W 20.00' L8 S64°25'25"W 20.00' L13 N00°45'55"E ��2
_
L4 N45°08'55"W 93.80' L9 N25°34'35"W 18.66' L14 N00°45'55"E
L5 N88°24'29"W 116.40' L10 S64°25'25"W 93.72' CO)
3
Exhibit "B" o So' 160' y
Y
Horizontal Scale:1" = 80' Project No.:121036
s s Date of Issuance:September 6,2023
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Meridian Office Water Main Easement (ESMT-2023-0152)
Protect Name(Subdivision):
Meridian Office ADA COUNTY RECORDER Trent Tripple 2023-063376
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/09/2023 08:45 AM
Water Main Easement Number:,_ CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0152
WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of November, 20 23 between RAV HOLDINGS LLC
("Grantor"), and the City of Meridian, an 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 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 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: RAV HOLDINGS LLC
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 10hi'LJ�(date)by_R.AARON SEEHAWER
(name of individual), [complete the following ifif ig�a representative capacity, or strike
the following if signing in an individual capacity] on behalf of RAV HOLDINGS LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: MANAGER (type of authority such as officer or trustee)
CAR
T OZ N Lary Si ature
a0 ARy My Commission Expires: l ZD ZS
A rr
s 5O
%� • mow:20r. 0
OF IDP�
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 11-8-2023
Attest by Chris Johnson, City Clerk ii-S-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-8-2023 (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"
City of Meridian Water Easement
October 12, 2023
A portion of Government Lot 7 in Section 6, Township 3 North, Range 1 East of the Boise Meridian,
located in the City of Meridian, County of Ada, State of Idaho, being more particularly described as
follows:
COMMENCING at the Southwest corner of said Section 6, from which the South 1/4 corner of
said Section 6 bears North 88034'46" East a distance of 2404.62 feet; thence on the South line of
said Section 6, North 88°34'46" East a distance of 705.14 feet to the Southerly extension of the
East Line of VanAuken Subdivision, according to the official plat thereof, filed in book 104 of
plats at pages 14174-14176, Ada County Records; thence on said Southerly extension, North
0°18'46" East a distance of 51.11 feet to the Northerly Right-of-Way of E. Fairview Ave. and
Southeast corner of said VanAuken Subdivision; thence continuing North 098'46"East, on said
East line, a distance of 308.08 feet to the REAL POINT OF BEGINNING;
thence continuing North 0°18'46" East, on said East line, a distance of 20.00 feet;
thence leaving said East Line,North 89°51'09" East a distance of 125.84 feet;
thence South 0008'51" East a distance of 131.97 feet;
thence South 89050'16" West a distance of 20.00 feet;
thence North 0008'51" West a distance of 111.97 feet;
thence South 89051'09" West a distance of 106.00 feet to the REAL POINT OF
BEGINNING.
Containing an approximate area of 4,758 square feet, or 0.11 acres more or less.
End of Description.
L ai LAAro
SN
EL 8811
u ID/�2,A
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N0018'46"E N89051'09"E 125.84'
W
589051'09"W 106.00' 2 o
01A H
REAL POINT OF I
BEGINNING o• I p �
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VANAUKEN
SUBDIVISION 589050'16"W
10 7-20.00'
00
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10' CITY OF MERIDIAN N\ %-/13 .r0
SEWER EASEMENT PER 9rF OF
INST. NO.5 7807045-46& 0,5,
INST.NO.5 7810832-36 N S. GLE
I I
I I
I I I
I
w
w
o E. FAIRVIEW AVE.
z
1699.48' - - -
705.14' - - -
- - - — - - - BASIS OF BEARING
588034'46"W 2404.62'
SOUTHWEST � SOUTH 1/4 CORNER
CORNER SECTION 6 SCALE: 1 =50' SECTION 6
0' 50' 100' 200'
VALLEY EXHIBIT "B" PROJECT NO. DATE
LAND 5URVEYING CITY OF MERIDIAN WATER EASEMENT 21-147 10/12/2023
5099 S.Valle St. Boise,ID 3709 A PORTION OF GOV'T LOT 7 IN THE SOUTHWEST 114 OF SECTION 6,
5099 S.ValleySt. Boise,ID83709 DRAWN BY SHEET NO.
www.valleylandsurveying.mm TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,
Phone:(208)261-2226 CITY OF MERIDIAN,COUNTY OF ADA,STATE OF IDAHO J.S.G 1 OF 1
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-
2023-0156)
ADA COUNTY RECORDER Trent Tripple 2023-065366
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/20/2023 11:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
Project Name[Subdivision):
agarra Subdivision
Sanitary Sewer&Water Main Easement Number:
1
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2023-0156
SANITARY SEWER AND WATERMAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between
Lynx Investments, LL ("Grantor") and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain 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 sanitary sewer and 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
sanitary sewer and 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.
Sanitary Sewer and Water Main Easement Page I Version 04/17/2023
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
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: Lynx Investments, LLLP
/C-c
By: Jos h D. Huartp, General Partner
Ij
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on kO/I I c/A5 (date) by
_Joseph D.Huarte (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 Lynx Investments, LLLP_ (name of entity on behalf of whom record was
executed), in the following representative capacity: General Partner (type of
authority such as officer or trustee)
ELIJAHff�
CO"'OISSIONW21608 ''-
NOTARY PUBLIC
STATE OF IDAHO Notary Signature % n CD
My Commission Expires:. 3fL
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Si , Mayor 11-8-2023
SraI.
Attest by C # s Johnso`°a ' ``Clerk 11-8-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 11-8-2023 (date) by
Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
(stamp) L 221
Notary Signature 3-28-2028
CHARLENE WAY My CommissionExpir
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
EXHIBIT A
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT#1
A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the
proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25,Township 4 North,
Range 1 West, Boise Meridian,Ada County, Idaho, said parcel being more particularly described
as follows:
Commencing at a copper cap being the southwest corner of said Lot 1 and located on the
easterly right-of-way of N. Bergman Ave.; thence N.00°37'48"E. a distance of 128.33 feet along
the Easterly right-of-way of N. Bergman Ave.to a point, said point also being the POINT OF
BEGINNING;
Thence N.00'37'48"E. a distance of 30.00 feet to a point;
Thence 5.89"22'01"E. a distance of 43.75 feet to a point;
Thence 5.00"37'59"W. a distance of 30.00 feet to a point;
Thence N.89"22'01"W. a distance of 43.75 feet to a point also being the POINT OF BEGINNING.
Said parcel contains 0.03 acres, more or less, and is subject to all existing easements and right-
of-ways of record or implied.
�a� s
15758
OF
"4'J.HO'MP
EXHIBIT B
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #1
EXHIBIT DRAWING SHOWING A WATER AND SEWER
EASEMENT FOR SAGARRA SUBDIVISION LYING IN
THE NW 1/4 OF SECTION 25, T.4N., R.1W., B.M.,
ADA COUNTY, IDAHO, 2023.
BLOCK 5
0 I o
I C° � 3
[V
S89'22'01"E 43.75' — -
-----------------------
I
of
i I
o of �
I . M
I
IW. MALBAR ST. N
o p, I
of
N89'22'01"W 43.75' j 0
0 ------
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i BLOCK 3 C�
i � I 15758
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LEGEND
BOUNDARY LINE
CENTER LINE
LS 7612 _,. — RIGHT-OF-WAY LINE
SW CORNER OF
LOT 1, BLOCK 3 ----------'-- EASEMENT
LINDER VILLAGE ® FOUND 5/8-IRON PIN
SUBDIVISION ID FOUND COPPER CAP
0 FOUND 1/2'IRON PIN
REPLACE W/5/8- IRON PIN
O FOUND 1/2-IRON PIN
A CALCULATED POINT-NOT SET
GRAPHIC SCALE \fl BROKEN LINE
10 o s 10 zo qo
(IN FEET) `
1 k,.A. 20 !I.
RM: OF
J.J. HOWARD °"'/ , ® /I\0 1 1 SAGARRA SUBDIVISION
i s/1�/2a cLs 1 I
u s iLl oRgm P. Bw m NO, I
sv�fw'Aas/+wrr,svrpq.waa t" 20' CLS 230408
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-
2023-0157)
s
E
I
ADA COUNTY RECORDER Trent Tripple 2023-063390
BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/09/2023 09:12 AM
CITY OF MERIDIAN,IDAHO NO FEE
ADA COUNTY RECORDER Trent Tripple 2023-065548
BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/21/2023 09:13 AM
CITY OF MERIDIAN, IDAHO NO FEE I
i
I
Please Re-record to fix legal description, Omitting pages 4, 5
and adding pages 6 and 7. Wrong County was used in Legal
Description
ESMT-2023-0157 Sagarra Subdivision
Sanitary Sewer and Water Main Easement No. 2
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between
Sagarra Phase 1, LLC ("Grantor") and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
i
i
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
I
WHEREAS, the sanitary sewer and water is to be provided for through
underground t&elines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by 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 sanitary sewer and 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
sanitary sewer and 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.
mot. Pao il� A1__,:,._nn/1'7/nnn')
i
i
1
i
1
Please Re-record to fix Legal Description. Omitting Pages 4, 5 and
adding pages 6 and 7. Wrong County was used in Legal Description.
j
ESMT-2023-0157 Sagarra Subdivision
Sanitary Sewer and Water Main 1
Easement No. 2
a
SANITARY SEWER AND WATER MAIN EASEMENT
a
THIS Easement Agreement, made thi$th day of November 20 23 between
Sagarra Phase 1, LLC ("Grantor") and the City of Meridian,an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by the Grantee;
i
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 sanitary sewer and 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
sanitary sewer and 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.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
i
i
1
3
714E GRANTOR covenants and agrees that Grantor shall not place or allow to be j
placed any pc-rmanent siruaures or obstructions within the casumeW aim tWt would
interfere: with Grantee's use of said easement.including, but not limited to, buildings, trash 3
enclosures,carports, sheds, fence-,tyres,or deep-rooted shrubs_
INE GRANTOR covenants and agrees with the Grantee that should any pact of the right-of-
way and easement hereby ,granted shall become part of, or lie within the boundaries of any
public strut, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary that er or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
TTE GRANTOR does hereby covenant with the Giantee 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 Crrantor will warrant and fbrever
aerend the titic and quiet possession tnereoi against the )awfu! clairns of aii persons
whomsoever.
i
THE COVI✓NANr$ OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns, heirs, petsonal rep esentatives, puxchaseas,or transferees of any ldnd.
EN WITNESS WT EREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year fast herein above written.
GRANTOR: Sagarra Phaso 1,LLC
r
8 : Mi ae J.Sla in,Managing Member
A.,E 0 f 1-10 )
t.;�un V of Ada )
Ibis record was acknowledged before me on to tip (date) by
Michael J. Slavin (name of individuals [complete the following if signing in a
repmimlalive capacity, or strike rim following if signing in an individual cgwdty] on
behalf of Saga rra Phase 1,Le_c (name of entity on behalf of whom record was
executed), in the: fbllowing representative capacity- Managing Member_ __ _( ype
t of
authority such as officer or trustee)
�,,iN1NrNy,�
h-O-Z Si
gaalued
'6 ,.� ,�d 'Oar MyC ct�ptres:�t 7
No. •
`;.:nitasv Sewe r and Water Main Easement 1'3�C 3 Version 04/17/?023
3
I
7
i
GRANTEE' i
too #R. Si �a P ayrar 11-8-2023
�� pp
SR AI.
(�y�li IUR IANf-
RAt�.
Attem by johmo a 11-8-2023
3
Count
y of Ate.
This :r -)rd was, acknDu�Wged, before my +:Are 11-8-2023 �d�tt�� �a
'Robert E. Simison and Cbris Johmson on behalf of the City of Meridiaft, in,
their capacities a-s mayor an-d City C -Tk,ros-ptr ively-
P) Notary Sigrmtuflm
CHARLENE WAY My CoMnliSSion f is = 3-28-2028
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
nii ry k,uw.:r attd '4 atcr iklain �.a wmenl _ Version TellW?023
i
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1
EXHIBIT A
I
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #2
i
i
A wate and sewer easement located in Lot 1, Block 3 of Linder Village Su ivision and for the
propose agarra Subdivision N ►ag NW 1/4 of Section ,Township 4 North,
Range 1 W st, Boise Merl ' n, Elmore County, Idaho, aid parcel be' g more particularly
described as llows:
Commencing at n aluminum cap being the northwest corner f said Section 25 and located
N.89°22'30"W' a 'stance of 2669.54 feet from an aluminu cap being the N 1/4 corner of said
Section 25; thence 89022'30"E. a distance of 989.17 fe along the North line of said Section
25 to a point; thence 00037'30"W, a distance of 108 .47 feet to a point, said point also being
the POINT OF BEGINNI ;
i
Thence 5.89022'01"E. a dist ce of 285.15 feet a point;
Thence S.65°13'55"E. a distanc of 23.16 fe to a point;
Thence 5.19°00'35"E. a distance of 9.2 eet to a point;
i
Thence 5.00°37'29"W. a distance of 2 feet to a 1/2" iron pin;
a
Thence N.89022'01"W. a distanc f 20.00 et to a point;
a
Thence N.00°37'59"E. a dista e of 45.44 feet t a point;
Thence N.44022'01"W, a d' tance of 8.34 feet to a p int;
Thence N.89°22'01"W. distance of 256.87 feet to a po t;
Thence 5.00°37'59" . a distance of 51.33 feet to a point;
Thence N.89'22' "W. a distance of 30.00 feet to a point;
Thence N.00° '59"E, a distance of 81.33 feet to a point also being e POINT OF BEGINNING.
Said parcel ontains 0.27 acres, more or less, and is subject to all existi easements and right-
of-ways record or implied.
157
J
OF
J.
1a��
L4
7
i
EXHIBIT B
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT#2
W. CHINDEN BLVD.
23 4 S89'22'30"E 2669.54'
26 25 1T CR 17-072469
989,
1680.37' _ N /4 SEC. 25
W
a
a
3
M 3
I
O
1
H
0 0 lu If Is
569'22'01"E 85.15'
O W. DI CTOR LN. (PRIVATE) S65'13'55"E 23.18'--� m
w N89'22'01'6l 256.87'" a
m
N4422'01"W 8.34'
m w w%-
M
O I (1
Z BLOCK 2 ( p l
N89'22'01"W 30.00`
MALBAR ST. N89'22'01"W 20.00'
EXHIBIT DRAWING S OWING A
PROPOSED WATER AND SEWER
EASEMENT OF S GARRA SUBDIVISION
LYING IN THE 1/4 OF SECTION 25,
T.4N., R.1 W., M., ADA COUNTY,
IDAHO, 202 .
LEGEND
BOUNDARY LINE
SECTION LINE
CENTER LINE
4:. LOT LINE
Q {�S -.-■--■--x LOT LINE- ZERO SET13ACK
t„Y EASEMENT
15758
r,p
;hld.1i�2 RIGHT—OF—WAY
oF ����p
GRAPHIC SCALE
3E1 15 30 BO 40
(IN FUT)
1 hch•• e0 Ic.
DAM DESIM B: SHEET-. OF
1 HOWARD 10/02/23 CLS ° 1 1 SAGARRA SUBDIVISION
AIAffLYC/5UlAEYlNG SCs1E DRAWN DY1 m ww NO,
pua,rar,st'.,ate7�r "svtf 4�x.uv 1" = 80' CLS 230408
J
i
i
I
s
i
EXHIBIT A
1
SAGARRA SUBDIVISION
l
WATER AND SEWER EASEMENT#2
A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the
proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25,Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described
as follows;
1
Commencing at an aluminum cap being the northwest corner of said Section 25 and located
N.89022'30"W. a distance of 2669.54 feet from an aluminum cap being the N 1/4 corner of said
Section 25; thence S.89°22'30"E. a distance of 989.17 feet along the North line of said Section
25 to a point; thence S.00'37'30"W. a distance of 1084,47 feet to a point, said point also being
the POINT OF BEGINNING;
Thence S.89°22'01"E. a distance of 285.15 feet to a point;
Thence S.65°13'55"E. a distance of 23.16 feet to a point;
Thence S.19000'35"E. a distance of 19.26 feet to a point;
Thence S.00°3729"W, a distance of 53.72 feet to a 1/2" iron pin;
Thence N.89022'01"W. a distance of 20.00 feet to a point;
Thence N.00°3759"E. a distance of 45.44 feet to a point;
Thence N.44°22'01"W. a distance of 8.34 feet to a point;
Thence N.89022'01"W. a distance of 256.87 feet to a point;
Thence S.00°37'59"W. a distance of 51.33 feet to a point;
Thence N.89"22'01"W. a distance of 30.00 feet to a point;
Thence N.00°37'59"E. a distance of 81,33 feet to a point also being the POINT OF BEGINNING.
Said parcel contains 0.27 acres, more or less, and is subject to all existing easements and right-
of-ways of record or implied.
� s
ti
15758 ` .
��,t1i ►7 Z3�o
J.
1
3
l
EXHIBIT B
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #2
DRAWING SHOWING A PROPOSED WATER
AND SEWER EASEMENT OF SAGARRA
SUBDIVISION LYING IN THE NW 1/4 OF
SECTION 25, T.4N., RAW., B.M., ADA
COUNTY, IDAHO, 2023.
o r
Gry�'1'01�A1 I
W. CHINDEN BLVD.
23 24 S89'22'30"E 2669,54'
26 25 CR 2017-072469 j
989,17' 1680.37' N 1/4 SEC. 25
.r
0
n
o '
to
r x x
O O O I O I O f0 I a I 12 I 13
S89'22'01"E 285,15'
W. DIRECTOR LN. (PRIVATE) $65'13'55"E 23.16'--
M I d S19'00'35"E 19,26'O x-
w� IN_89'22'01"W 2587'x
'201"W ,34'1n 5 8 I I o I� 1
x
4 m1 32
N BLOCK 2 uj 71
0
N89'22'01"W 30.00'
W. MALBAR ST. N89'22'01"W 20.00'
LEGEND
BOUNDARY LINE
SECTION LINE
N — CENTER LINE
�-- LOT LINE
—x—x—x—x— LOT LINE— ZERO SETBACK
575 — — — — EASEMENT
RIGHT—OF—WAY
OF1p��
GRAPHIC SCALE
30 15 30 60 1 0
(IN Fm)
1 Inch r 60 (L
J.J. HOWARD 10/02/23 ° L o SAGARRA SUBDIVISION
�� scuE DaCL�, oANO2304 N0. WATER AND SEWER EASEMENT EXHIBIT 8
agR,au[a,sci7�yyy�pyµq�&#_^• 1" 60' CLS 230408
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Sagarra Subdivision Sanitary Sewer and Water Main Easement No. 3 (ESMT-
2023-0158)
ADA COUNTY RECORDER Trent Tripple 2023-063391
BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/09/2023 09:12 AM
CITY OF MERIDIAN,IDAHO NO FEE
ADA COUNTY RECORDER Trent Tripple 2023-065367
BOISE IDAHO Pgs=8 ANGIE STEELE 11/20/2023 11:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
Please re-record to fix Legal Description, Omitting
pages 4, 5 and adding pages 6, 7 Wrong County
was used in Legal Description
ESMT-2023-0158 Sagarra Subdivision
Sanitary Sewer and Water Main Easement No. 3
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 8th day of November 20 23 between
Sagarra Phase 1, LLC ("Grantor") and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, iftill be necessary to maintain and service said pipelines from time to
time by 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 sanitary sewer and 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
sanitary sewer and 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.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
i
I
Please re-record to fix Legal Description, Omitting
3
pages 4, 5 and adding pages 6, 7 Wrong County
was used in Legal Description
ESMT-2023-0158 Sagarra Subdivision
Sanitary Sewer and Water Main Easement No. 3
a
SANITARY SEWER AND WATER MAIN EASEMENT
l
THIS Easement Agreement, made this 8th day of November 20 23 between
Sagarra Phase 1, LLC ("Grantor") and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, AlWill be necessary to maintain and service said pipelines from time to
time by 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 sanitary sewer and 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
sanitary sewer and 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.
Sanitary Sewer and Water Main Easement Page t Version 04/17/2023
i
x
3
3
1
TRU GRANTOR covenants vmd agrees that Grouser shall not place or allow to be
placed any paimanent structures or obstructions within the tmscmcnt area that would
interfere with Gruntoc's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or deep•cvotod shrubs.
THE GRANTOR covenants and agmes with the Graatcc that should any pact of the right-of-
way and casement hereby granted shall become part off or Iic within the boundaries of any
public street, then, to such extent, such right-of-way and eascment hereby panted which
lies within such boundary thereof or which is a pact tharcof shall cease and become {
null and void and of no further cf i;ct and shall be completely relinquished.
Tl E GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and thkt Grantor has a
good and lawful right to convey said eastnmcnt, and that Grantor will warrant and forever
deiend the title and quiet possession thereof against the lawful claims of all versons
whomsoever.
THE LOVENAN"13 OF GRANTOR made herein shall be binding upon Grantor's
suecezots, w;sigos, heirs,personal m7mzcota ves,purcluiNm,or traasfcrecs of any kind,
IN V;rTN1=SS WHEREOF. the said parties of the first part have hcTnurtosubscribM their
sivzahues the day and year first herein above written.
1
a
I
GRANTOR: Sagarra Phase i, Lt.0
Mich J.SI viln, Managing Member
S`1_ ,E F 1 110 )
ss
upt�r of Ada )
This record was acknowledged before me on - (date) by
Michael J. Stavin (name of individual), [complete the following if signing in a
re pr4sentadve capacity, or strike the following if signing in -an individual capacity] on
behalf of _Sa9arra Phase 1, LLc� (name of entity on behalf of whom record war
cxecured), itt dle following rupresentanve capacity: Managing, Member.,, _ (type of
authority such as officer or trustee)
ELL
�`����nf►r+tn,p�o
Coz N ¢ Notary Si •
- , � ,..
�t My Commission Expires:_
r
'D A
��� iti t' r and Water Main Easement F'agc 2 171? A3
1
i
f
I
1
9
j1
l
G Nl.7Eh. CITY OF MERIJDLkN
f
e E. n, Ma 11-8-2023
Attest by aril do city C'IC-r 11-8-2023 i
i
STATE OF IDAHO, )
. ss.
Couigy of Ada }
11-8-2023
'this rcoard was acknowl�ecE bcfarc me on (date) by
Robert E. S i m is on md Chris Johnson on behalf of the City of NfcTidian, in
their mMcifies as Mayor and City C'lurk, respectively.
�st�r�Ex� n
Notary Signat4arc
CHARLENE WAY I+Ty '.omniission Ex 3-28-2028
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Saii itarY 'tiOlwr a lid Wale-],Mail) I*a-SvMcR1 l duptc'3 tilcra ire ( J E 7rZ(l?3
i
EXHIBIT A
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #3
A water and wer easement located in Lot 1, Block 3 of Linder Village Subdivision a d for the
1
proposed Saga Subdivision No. 2 and lying in the NW 1/4 of Section 25, Town ip 4 North,
t
Range 1 West, Boi a Meridian, Elmore County, Idaho, said parcel being more articularly
i
described as follows.
Commencing at an alum' um cap being the northwest corner of said ction 25 and located
N.89°22'30"W, a distance f 2669.54 feet from an aluminum cap b mg the N 1/4 corner of said
Section 25; thence S.89°22'3 "E. a distance of 1637.16 feet alo the North line of said Section
25 to a point; thence S.00°37'3 "W, a distance of 1084.56 fe to a point, said point also being
the POINT OF BEGINNING;
Thence S.66052'01"E. a distance of 3 89 feet to a poi j
Thence S.21°52'01"E. a distance of 40.9 eet to a oint;
Thence S.00°37'59"W. a distance of 29.41 f t o a 1/2" iron pin;
Thence N.89°22'01"W. a distance of 20.00 eet a point;
Thence N.00'37'59"E. a distance of 25. 4 feet to a int;
Thence N.21°52'01"W. a distance o 28.03 feet to a poi t;
Thence N.89°22'01"W. a distan of 261.90 feet to a point;
Thence S.32*35'20"W. a dist ce of 16.64 feet to a point;
Thence S.00'37'59"W. a stance of 37.21 feet to a point;
Thence N.89°22'01"W. a distance of 30.00 feet to a 1/2" iron pin;
Thence N.00°37'59' E. a distance of 59.03 feet to a point;
Thence N.32°35' 0"E. a distance of 26.29 feet to a point;
Thence S.89° 2'01"E. a distance of 267.79 feet to a point also being the POIN F BEGINNING.
Said parc contains 0.27 acres, more or less, and is subject to all existing easeme is and right-
of-way of record or implied.
v� Ed
15755
I�vtt�2�' iy
of
`�' c,J.
EXHIBIT B
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #3
CR
2017-072470 W. CHINDEN RLVD.
23 24 S89'22'30"E 2 69.54'
26 25 1637,16' 1032.38'
0 CR 2017-072469
o N 1/4 SEC, 25
b %f
r7 -
� I
0 1
( i
BLOCK 2
27 28 I 29 O I 31 � 3 I 33 J4
x S89'22'01"E 267.79' "
24 _ Ss
N32'35'20"E 2 29' 201 f
x-- x W. DIRECTOR LN. RIVATE) 3s89
tP
~—S3I'35'20"W T.64' i N89'22'01" 261,90'
_x---xW 3E{ N21'52'01"W 28.03'•—
Z2 U�1 1 `ry O 42 41 40 39 I O 37 I O O 3
0 f m
M MIM I I I � N
Z i NO'37'59"E 2I.44' N M
N89'22'01"W 30.00' 11_ I� N!
MALBAR ST, N89'22'01"W 20.00
LEGEND
N ��� �b / —— BOUNDARY LINE
SECTION LINE
CENTER LINE
15758 LOT LINE
06 LOT LINE - ZERO SE7BACK
EASEMENT
RIGHT-OF-WAY
J.
GRAPHIC SCALE
Sa 0 i5_30 Bo 120
(IN FEET
1 1 wh- 60 it.
DATE, DLSICN Bi: SHEET: OF
J.J. HOWARD 10/03/23 CLS ° ° t t SAGARRA SUBDIVIDION
u4ppi G/swmm sO4E w"B ORr: ww W.
Ad a sm A sc i/h*lid.Lm AV W*m 1" � 60' CLS 230408
��S
i
5
EXHIBIT A
SAGARRA SUBDIVISION
i
i
WATER AND SEWER EASEMENT#3 a
1
I
A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the
proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described
as follows:
Commencing at an aluminum cap being the northwest corner of said Section 25 and located
N.89'22'30"W. a distance of 2669.54 feet from an aluminum cap being the N 1/4 corner of said
Section 25;thence S,89°22'30"E. a distance of 1637.16 feet along the North line of said Section r
25 to a point; thence S.00'37'30"W. a distance of 1084.56 feet to a point, said point also being
the POINT OF BEGINNING; j
Thence S.66052'01"E. a distance of 36.89 feet to a point;
I
Thence S.21'52'01"E. a distance of 40.92 feet to a point;
Thence S.00°3759"W. a distance of 29.41 feet to a 1/2" iron pin;
i
Thence N,89'22'01"W. a distance of 20.00 feet to a point;
Thence N,00°37'59"E, a distance of 25.44 feet to a point;
Thence N.21°52'01"W. a distance of 28.03 feet to a point; �� NQ
Thence N.89022'01"W, a distance of 261.90 feet to a point;Thence S,32°35'20"W. a distance of 16.64 feet to a point; 96 15758
`car
5
Thence S,00°37'59"W, a distance of 37.21 feet to a point; ,rlE OF NO
Thence N,89022'01"W, a distance of 30.00 feet to a 1/2" iron pin;
Thence N.00°37'59"E. a distance of 59.03 feet to a point;
Thence N.32`35'20"E. a distance of 26.29 feet to a point;
Thence S.89'22'01"E. a distance of 267.79 feet to a point also being the POINT OF BEGINNING.
Said parcel contains 0.27 acres, more or less, and is subject to all existing easements and right-
of-ways of record or implied.
I
I
j
1
EXHIBIT B
SAGARRA SUBDIVISION
WATER AND SEWER EASEMENT #3
DRAWING SHOWING A PROPOSED WATER
AND SEWER EASEMENT OF SAGARRA
SUBDIVISION LYING IN THE NW 1/4 OF j
SECTION 25, T.4N., R.1 W., B.M., ADA a
COUNTY, IDAHO, 2023.
CR
2017-072470 W. CHINDEN BLVD, '
23 24 S89'22'30"E 2669,54'
26 2
1637.7 6' 1032.38'
in
CR 2017-07
o N 1/4 SEC.
0
M
t,
M
0
to
BLOCK 2
" „
27 I 28 I 28 O I 0 I J2 ( J3 J4
O — " S69'22'01'E 267.79'
N32'35'20"E 26.29' 20r'
W. DIRECTOR LN. (PRIVATE) 4.69 £
23 M 25
—x—x �``532'35'20"W 16.64' i N$9'22'01"W 261.90' N21'52'01"W 28.03' a
W
N.\'ems
22 :n I N O I 42 0 „ 40 J9 i O J7 I O JtS \
}�
h I Tcn
N I'37'59"E 25.44'
N89'22'01"W 30,00' vo)
W. MALBAR 5T. N89'22'01"W 20,00'll'". LEGEND
LA
BOUNDARY LINE
y�G d SECTION LINE
— CENTER LINE
1575 LOT LINE
--x—x—x—x— LOT LINE - ZERO SETBACK
�I ®�� — — — — — —'�4 1p� EASEMENT
RIGHT-OF-WAY
OF
vj �
GRAPHIC SCALE
30 15 3O 60 120
IN FEET)
1 Inch. 60 It.
' DATE DDE.M R SHEETS V
J.J. HOWARD 10/03/23 CLS ❑ /� ° 1 1 SAGARRA SUBDIVIDION
scur� awn+Dti ORAri1N0�.
ar,[toz.0 i.� .rwv V, = Bo' CLS 230408 WATER AND SEWER EASEMENT C
V
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Final Plat for Prairiefire Subdivision (FP-2023-0023) by Kent Brown Planning
Services, located at 3539 N. Locust Grove Rd., near the northwest corner of E. Ustick Rd. and N.
Locust Grove Rd.
STAFF REPORT OME COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING November 8,2023 Legend
DATE:
I�Project Location
M
TO: Mayor&City Council
S
FROM: Stacy Hersh,Associate Planner ;
208-884-5533
SUBJECT: Prairiefire Subdivision-FP _
FP-2023-0023
LOCATION: 3539 N. Locust Grove Road, in the
Southeast 1/4 of the Southeast 1/4 of
Section 31,TAN.,R.IE.
I. PROJECT DESCRIPTION
The Applicant requests approval of a final plat consisting of 21 single-family residential buildable
lots and 1 common lot on 3.16 acres of land in the R-8 zoning district.
II. APPLICANT INFORMATION
A. Applicant:
Kent Brown,Kent Brown Planning Services—3161 E. Springwood Drive,Meridian, ID 83642
B. Owner:
Mitch Armuth, Providence Properties,LLC—701 S. Allen Street, Str. 104,Meridian,ID 83642
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
Staff has reviewed the proposed final plat for substantial compliance with the approved
preliminary plat(H-2022-0053)in accord with the requirements listed in UDC 11-6B-3C.2.
In order for the proposed final plat to be deemed in substantial compliance with the approved
preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase
and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and
the number of buildable lots has decreased from 22 buildable lots to 21 buildable lots and the
Page 1
amount of common open space area is the same. Staff deems the proposed final plat to be in
substantial compliance with the approved preliminary plat as required.
IV. DECISION
Staff recommends approval of the proposed final plat per the conditions noted in Section V1 of
this report.
V. EXHIBITS
A. Preliminary Plat(dated: 4/22/2022)
PRARJAWIRE SCIBDNISION
a''� •��W,.;,,. :. ..np eFinG.vCu.1Fp in raF
u'o � SE a -� - - ._ SECiICN 31,�.'Al..P.Ir,•H.M.. �. __ .._..— W
k:"iCi��., ��n COJktt,iDNiO 422 !�
i a
�•�_.... 97'...__ m .
j .M ....
��' ': �:x.— �ra.�rr Kr`rs.•sul'�r�r.:�r�r�utir�-.'L =r �
11
stir fed —
P1.0
Page 3
B. Final Plat(dated: 9/20/23)
Fiat Showing
Prariefif-e Subdivision
A Pdtim Of the swthoaffk Quart"of the South"vt Q—tor f 5—ti- V.
31,
�1. tom'4w T�sftlp 4 Narth.itage, Emt.0050 U.Ndr—,
City.1 muld l-,Ada County, Idaho
2023 -T
rr
------ I F i r-T-
k 6
it
A
Ef
fH
I-M
V Wr
=tQo
C. Landscape Plan(dated: 9/27/23)
.�.....,..._ GENERAL NOTES [_ _--- DSCAPE LEGEND
jxj
PLANT SGHEOULE
t w, .... _
a:
DIS_C_LAIMERM 0-- '. � mod j
TROW LANDSCAPE NOTES W w
.-.....�....,..,.. nNN APE PLAN N ARGEMENi .. �••1���^�• a�a Fi
(�l�EGIDUOUS TREE PLANTING 4 SHRU6 RANfIN6 $.. r VINYL FENCE PANEL+ .. �L`-Q
TREE MITIGATION LEGEND'
IRA
— �� lli�• I EXISTING TREE INVENTORY �u. a
CD—
1 ITf€E MI'MgTIW PLAN ,....,.
TREE TRANSPLANT NOTES• TREE PROTECTION NOTES'
r
......RE ."... �. "q. .«^p n�.............
� TE PRDTECTION GE FAIL �e M,,.�~,:•"�:W:'��:v,.^•'�
L3.a
Page 5
ConceptualD.
i r n Exam pies
i /_
MEMO
VI. CITY/AGENCY COMMENTS& CONDITIONS
A. Planning Division
Site Specific Conditions:
1. Applicant shall comply with all previous conditions of approval associated with this
development [H-2022-0053 (Development Agreement Inst. #2023-033829)].
2. The applicant shall obtain the City Engineer's signature on the subject final plat within two
years of City Council's approval of the preliminary plat(December 20,2024)in order for the
preliminary plat to remain valid; or apply for a time extension, in accord with UDC 11-6B-7.
3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgment signed and notarized.
4. The final plat prepared by Idaho Survey Group,LLC. stamped by Mitchell R. Power, dated:
9/20/2023,included in Section V.B shall be revised as follows:
a. Note#7: Include the recorded instrument of the Prairiefire Subdivision Homeowners'
Association Master Declaration of Covenants, Conditions, and Restrictions on the recorded
plat.
b. Add a Note: "The subdivision is subject to the existing Development Agreement and
include the DA instrument number(DA Inst. #2023-033829)."
5. The landscape plan prepared by Olivia Landscape Design dated: 1/20/2023, included in Section
V.C, shall be revised as follows:
a. Depict landscaping along the micropath in accord with the standards listed in UDC 11-3B-
12C;the landscape strips shall be planted with a mix of trees, shrubs, lawn, and/or other
vegetative ground cover.
b. Depict a 25-foot landscape buffer adjacent to N. Locust Grove Road(commercial arterial)
in accordance with UDC 11-3B-7C.3;the landscape strips shall be planted with a mix of
trees, shrubs, lawn, and/or other vegetative ground cover.
c. Revise the fencing detail along the common lot and micro path to include a 4-foot solid
vinyl fence with 2-feet of open vision pickets in accordance with UDC 11-3A-7.
6. Direct lot access to N. Locust Grove Road is prohibited in accordance with UDC 11-3A-3.
7. Homes with bonus rooms constructed on Lots 1-10,Block 1 abutting the Quenzer Commons
Subdivision along the north boundary shall only have second-story windows on the street-
facing elevations.
8. The proposed plat and subsequent development are required to comply with the dimensional
standards listed in UDC Table 11-2a-6 for the R-8 zoning district.
9. Off-street parking is required to be provided for all residential units in accordance with the
standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit.
10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location
of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more
information.
11. Off-street parking is required to be provided for residential uses in accord with the standards
listed in UDC Table 11-3C-6 based on the number of bedrooms per unit.
Page 7
12. The Applicant shall comply with all conditions of ACHD.
13. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
14. The applicant and/or assigns shall have the continuing obligation to provide irrigation that
meets the. standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as
set forth in UDC 11-3B-5,UDC 11-3B-13 and UDC 11-313-14.
B. Public Works
https.Ilweblink.meridiancity.or-/WebLink/Doc View.aspx?id=309402&dbid=0&repo Meridian City
W IDIAN�
AGENDA ITEM
ITEM TOPIC: License Agreement Between the Nampa & Meridian Irrigation District and
the City of Meridian for Multi-Use Pathway in Aviation Subdivision
AGREEMENT
AGREEMENT,made and entered into this day of_ _ , 2023,by and between
NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho
hereinafter referred to as the"City,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County,Idaho, hereinafter referred to as the"Master Pathway Agreement;"and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities;to enhance the City's pathway planning though early consultation between the City and the
District;to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches,property, operations and maintenance; and,
WHEREAS, the District grants to the City the right develop pathways to encroach within the
District's easements and/or fee title property along and across the District's ditches,canals and easements/fee
title property therefor upon the terms and conditions of said Master Pathway Agreement and after the
execution of an agreement for each proposed crossing and encroachment; and,
WHEREAS,the City is the owner of the real property easement/right of way that is servient to the
District's easement/fee title property particularly described in the "Legal Description" attached hereto as
Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation/drainage ditch or drain known as the PURDAM
DRAIN (hereinafter referred to as "ditch or drain") together with the real property and/or easements to
convey irrigation and drainage water, to operate and maintain the ditch or drain, and which crosses and
intersects said described real property ofthe City as shown on Exhibit B attached hereto and by this reference
made a part hereof, and
WHEREAS,the City desires approval to construct,install,operate and maintain: 1)a five foot(5')
pedestrian pathway across and over the piped Purdam Drain and within the District's easement for the
Purdam Drain,under the terms and conditions of said Master Pathway Agreement and those hereinafter set
forth,
AGREEMENT -Page 1
NOW,THEREFORE,for and in consideration ofthe premises and of the covenants,agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. The City may construct,operate,maintain and repair: 1)a five foot(5)pedestrian pathway
across and over the piped Purdam Drain and within the District's easement for the Purdam Drain, within
Aviation Subdivision, located northwest of the intersection of Franklin Road and Black Cat Road in
Meridian,Ada County,Idaho.
2. Any construction, widening or crossing of said ditch or drain shall be performed in
accordance with the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be from one half hour before sunrise and
one half hour after sunset.
4. The parties hereto incorporate in and make part of this Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A,
and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or
either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto
subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year
herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By _
Its President
ATTEST:
Its Secretary
AGREEMENT -Page 2
THE CITY OF MERIDIAN
By.
ATTEST : R P sison , Mayor 11 - 8 -2023
r!
Oily of
(.�►' ` E I DA
ohn it Clerk 11 - 8 -2023 # ANO
P SEAL �P
STATE OF IDAHO
SS : rF'Qbftho TR�PyJ�
County of Canyon )
On this day of , 2023 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Will Patterson and Michael Comeskey, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires :
STATE OF IDAHO )
) SS :
County of Ada )
On this 8th day of November , 2023 , before me, the undersigned, a Notary Public in and for
said State, personally appeared Robert E . Simison and _Chris Johnson lanown to me to be
the Mayor _ _ and City Clerk _ _ , respectively, of The CITY OF MERIDIAN, the
entity that executed the foregoing instrument and acknowledged to me that such entity executed the same .
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written . OhaflOiaa LbtL
Notary Public for [Idaho
CHARLENE WAY Residing at Meridian Ida____ ,
COMMISSION No . 67390 My Commission Expires : 3 _ 28 - ? 0q8
NOTARY PUBLIC
STATE OF IDAHO
AGREEMENT - Page 3
EXHIBIT A
Legal Description
A right-of-way/easement located at or near Aviation Subdivision in the W 1/2 of the SW 1/4 of
Section 10, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho as more specifically
described/depicted in Exhibit A-1 attached hereto and by this reference incorporated herein.
EXHIBIT B
Location of Propertv/Drain
See Exhibit C-1 attached hereto.
EXHIBIT C
Special Conditions
a. The location and construction of the pathway shall be in accordance with Exhibit C-1,
attached hereto and by this reference made a part hereof.
b. Licensee acknowledges that the District's easement for the Purdam Drain includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or drain, and to access the ditch or drain for said purposes,and is a minimum of 100 feet, 50 feet to either
side of the centerline for this section of the Purdam Drain.
C. Construction shall be completed one year from the date of this agreement. Time if of the
essence.
AGREEMENT-Page 4
ADA COUNTY RECORDER Trent Tripple 2023-051336
BOISE IDAHO Pgs=B ANGIE STEELE 09/06/2023 11:44 AM
CITY OF MERIDIAN,IDAHO NO FEE
Aviafioti.Subdivisia'n..
'"ESMT-2023-0100 ,. .-' _.�• .. -�- .- '• ��.; .. ., . - /.
. •� . -PED��TRIAI�I=PATSV��%Y�EASIEIVlEi�TT: ... '
- THIS.:AiaF EEmt1Q' >-4iade tl is-:5 i day';of`Sepfemkier,'2023 between Aviator Park LLC;
hereiriafter referred to as"ttan#or,'grid tlie'C'itj of Meridian;an-Idaho Municipal corporation,
hereinafter refereed to as"Grantee" �_: -• • '
,V�!ITNESSETH:
WHEREAS,'Gfantr"is theownec`ofreal"properiy'on'porforis ofwhich the City of Meridian desiresto'
:establish a public-.,.pathway; and
WHEREAS.- the d-e's'i`Grantor i�cs to gran t'an caseinent tb a sli a p�tibtic pa itliway> ""
and provide connectivity_oresearid future:portions Qfthe„patliwa3!;
WHEREAS,GFaritblr's iflf Dolig6&t the pathway improvements upon the easement r
'described
NOW, 'I HEREFORE;:the: " 'es:agre."—.follows: f
eper : ,.
CF ent 11`•w►ir1 'ro
THE GRANTORidoes`•lereby"grant'unto-�fle•�Oraiitee'si ` iit oh tfie o g`.p perty 'described 'on
Exhibit "A" ani` ff depicted on Exhibit "B" attached hereto .and incorporated herein. ;
TEI(E EASEMENT°..hereli nte�rs f tfxe: t� se of= ro diii a uliti�'"":ede5ir 2ui 'aflivria" 'easement. for
:-...
multiple-use non:motorized ieCreatior ' v��i .'the:-free `rig"V':bf`access to sucti facilities 1 ny,and all -
.,>-w-
Aimes.
TO HAVE'AND':To
— Ht5LZ3 +said'"easetiteiit urito.said'Oraritiee lCs' iicces ors Ibc e[§si" ` forevef:
-THE GRANTOR:,ao'arenants:and.:;agrees;tfiiitf Grantor'shall'not:::place..or allow to be placed any permanent -
metures or bbshtictions:.;*.,Wi iInr; eaacmtnt:area:v fliat`_y►oWd in a ete~:witi G atit6d --rise'-_of, =said
easement, ineluii'` tti` �o -:'iiiiitetl' `, ,: .. or
'luilditi :;iarl encl`
'`>it =°��� ai5urts;' po �hFds;':feie� �,
shrubs. A
,
IT IS 1 XPRESSL`Y xJNDERSTObD AND;A.GREED,.h iiA.betweeii the nips hereto
-that the Grantor shall re air aii ,,...p d; n"faintti<ieiithway-lmprov'�ieaiits .:.'`
1TIE GRAN TbR hieretiy;coa►eiiant,S; iid,s re :- i :-the`Gralntei,J6t..should:,airy.art:, ther'&kifietrt
hereby ted`Tie `tne:: :ii 'tir ae` `ithifi't to' oifft gA rs:of aii itblic scree" s
1Pcilzstiriainl'a3hvvaylairie"f�t' -isttge:i _ viiah od�iii
Exhibit A-1,page 1
then, to such extent such 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 it is lawfully seized
and possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereofagainst the lawful claims ofall persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
STATE OF--?�-)
g9r7 ) ss
CounViMl
)
e
This record was acl+nowledged before me on f 7oZffdate) by 4q
(name of individual),[complete the follori�irrITrepresentaN apacity, istrike
the following if signing in an in
(name of entity on behalf of whom record was executed), in the following
capacity: 6� (type of authority such as officer or trustee)
(stamp)
JEFF WORTHINGTCi'!d tary igna ure
a �►> .scsie o,then 6-2 N- ZD Zta
commisaloii#726395 y Commission Expires:_
W commk5lw Wres
Juna 24,202a
Pedestrian Pathway Easement Page 2 Version 04/17/2023
Exhibit A-1, page 2
GRANTEE: CITY OF MERIDIAN
Robert E. Sitiiison, or
9-5-2023
SFA
Attest by Chris Johnson,City Clerk 9-5-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 9-5-2023_ (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk,respectively. 11 � �
CHARLENE WAY ��IL�� vI�lJC1
COMMISSION No. 67390
NOTARY PUBLIC Notary Signature
STATE OF 1DAHO My Commission Expires:_3-28-2028
Pedestrian Pathway Easement Page 3 Version 04/17/2023
Exhibit A-1, page 3
EXHI BIT A
LEGAL DESCRIPTION
CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT
AVIATION SUBDIVISION
A portion of the West%of the Southwest X of Section 10,Township 3 North, Range 1 West of
the Boise-Meridian,City of Meridian, ADA County, Idaho, more particularly described as follows:
Commencing at the Section corner common to Sections 9,10,15,and 16,Townships 3 North,
Range 1 West, Boise-Meridian,from which the X corner common to said Sections 9 and 10 bears North
0°38'55" East,2653.02 feet;thence on the west boundary line of said Section 10,North 0'38'55"East,
1621.66 feet to the south boundary line of the railroad right-of-way sidewalk easement;thence on said
south boundary line,South 88"26'12"East,495.23 feet to the westerly boundary of Aviation
Subdivision,thence continuing South 88"26'12" East 824.15 feet along the south boundary line of the
railroad right-of-way sidewalk easement to the easterly boundary of Aviation Subdivision,thence South
00°36'35" West 383.01 feet along the easterly boundary of Aviation Subdivision to a point on the North
Boundary of the proposed ACHD right-of-way sidewalk easement, thence along said right-of-way
sidewalk easement a distance of 34.97 feet North 89°15'50"West to the tangent point of a curve,
thence along said right-of-way sidewalk easement a distance of 18.04 feet along the arc of a 530.00 foot
radius non-tangent curve, said curve having a central angle of South 1°56'59"West and a long chord
bearing South 89°45'40"West a distance of 18.04 feet to another point along north side of the proposed
ACHD right-of-way sidewalk easement,thence continuing along said right-of-way sidewalk easement a
distance of 25.01 feet along the arc of a 530.00 foot radius non-tangent curve,said curve having a
central angle of South 2°42'15"West and a long chord bearing South 87°26'03"West a distance of 25.01
feet to the REAL POINT OF BEGINNING;
Thence, leaving said right-of-way sidewalk easement boundary, North 00°41'02" East,48.82 feet to a
point of curvature on a curve;
Thence a distance of 3.72 feet along the arc of a 6.31 foot radius non-tangent curve,said curve having a
central angle of North 33'46'13"East and a long chord bearing North 17°34'09" East a distance of 3.67
feet to a point of reverse curvature;
Thence a distance of 19.36 feet along the arc of a 50.20 foot radius non-tangent curve,said curve having
a central angle of North 22`06'00"East and a long chord bearing North 23°24'16"East a distance of
19.24 feet to a point;
Thence North 00"36'35" East, 229.03 feet to a point of curvature;
Thence a distance of 45.79 feet along the arc of a 30.00 foot radius non-tangent curve,said curve having
a central angle of North 87"27'18"West and a long chord bearing North 43°07'04"West a distance of
41.47 feet to a point;
Thence North 86°50'43"West, 217.19 feet to a point;
Exhibit A-1, page 4
Thence North 88"35'09"West, 89.63 feet to a point of curvature;
Thence a distance of 22.37 feet along the arc of a 30.00 foot radius non-tangent curve,said curve having
a central angle of South 42°4333"West and a long chord bearing South 70°03'04"West a distance of
21.86 feet to a point;
Thence South 48'41'18"West,21.00 feet to a point on the North Boundary of the proposed ACHD right-
of-way sidewalk easement;
thence along said right-of-way sidewalk easement a distance of 13.15 feet along the arc of a 68.00 foot
radius non-tangent curve,said curve having a central angle of South 11°04'41"East and a long chord
bearing South 57°20'05" East a distance of 13.13 feet to another point along the North side of the
proposed ACHD right-of-way sidewalk easement
Thence,leaving said right-of-way sidewalk easement boundary,North 48`41'18" East, 16.91 feet to a
point of curvature on a curve;
Thence a distance of 13.36 feet along the arc of a 17.91 foot radius non-tangent curve,said curve having
a central angle of North 42"43'33" East and a long chord bearing North 70'03'04"East a distance of
13.05 feet to a point;
Thence South 88'35'09" East, 89.44 feet to a point;
Thence South 86'50'43" East, 217.01 feet to a point of curvature;
Thence a distance of 27.34 feet along the arc of a 17.91 foot radius non-tangent curve,said curve having
a central angle of South 87°27'18" East and a long chord bearing South 43'07'04"East a distance of
24.76 feet to a point;
Thence South 00`36'35"West,227.07 feet to a point of curvature;
Thence a distance of 13.33 feet along the arc of a 35.22 foot radius non-tangent curve,said curve having
a central angle of South 21`41'27"West and a long chord bearing South 24°17'34"West a distance of
13.25 feet to a point of reverse curvature;
Thence a distance of 11.14 feet along the arc of a 18.17 foot radius non-tangent curve,said curve having
a central angle of South 35'08'18"West and a long chord bearing South 17"34'09"West a distance of
10.97 feet to a point of reverse curvature;
Thence South 00°36'36"West,49.78 feet to a point on the North Boundary of the proposed ACHD right-
of-way sidewalk easement;
Thence along said right-of-way sidewalk easement a distance of 12.08 feet along the arc of a 530.00 foot
radius non-tangent curve,said curve having a central angle of North 1°18'20"East and a long chord
bearing North 85025'45"East a distance of 12.08 feet to the REAL POINT OF BEGINNING
This easement contains 8,486 square feet(0.195 acres)more or less and is subject to any other
easements existing or in use.
Exhibit A-1, page 5
1/4 N
S.9 S.10 CITY OF MERIDIAN PEDESTRIAN PATHWAY EASEMENT
AVIATION SUBDIVISION
S88'20'127E LOCATED IN THE W I/2 OF THE SWI/4 OF SECTION 10,T.3N.,RAW.,B.M.,
495.23 ADA COUNTY,IDAHO SCALE 1^=tao'
o '
UNION PACIFIC RAILROAD
J.
N88"26'12"W 824.15' - C6 N88'35'09"W 89.63
N86 e4s.F�_
"50'43"W 217.19 0'195-ACRE
S48041'18"W 21.00' _ _ /
-.-r�
_wTOPEKASTuFT C7� S86"50'43"E217.01'_ j -
�, _ r
---=�--- -
- N48o4118E_16.91` " \ C8 I C9 o
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S88°3609"E 89.44'I CD
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CURVE TABLE '
�s -C10 W
CURVE LENGTH RADIUS DELTA BEARING CHORD lF W-s"cP , c11 ,�C4
S.9 S.10 Ci 18.04' 530.00' 1'56'59' S89'45'40'W 18.04' �� I i C3
- S00"3636"W 49.78' r�00'4�'PZE
s.16 S.15 C2 25.01' 530.00' 2*42'15' S87'26'03"W 25.01' ` ti R-'B48,82'
C3 3.72' 6.31' 33'46'13" N1734'09'E 3.67'
C4 19.36, 50.20' 22'06'00" N2324'16'E 19.24' C12� - - C1 1
C5 45.79' 30.00' 87'27'18" N43'07'04'W 41.4-r 'r -2`E
N89'1534.9T i
C6 22.37' 30.00' 4243'33" S70'03'04'W 21.86' ' 34.9T
C7 13.15' 6&00' 11'04'41 S57'20'05'E 13.13'
CS 13.36' 17.91' 42'4S33" N70'03'04"E 13.05'
C9 27.34' 17.91' 8727'18' S43'07'04'E 24.76' r
C10 13.33' 35.22' 21'41'27" S24'17'34"W 13.25' N89015'50"W 61.67'
1 C11 11.14' 18.17' 35'08'18' S1734'09"W 10,97'
C12 12.00' 530.00' 1'18'20" N85-25.45-E k 12.08'
1 I
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AVIATION SUBDIVISION RONE BOW
GRADING PLAN
-morn —' A A $ b oo.paawzieoni,noc'�'
Exhibit C-1 , page 2
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: License Agreement with J.R. Simplot Company for Pathway from Reflection
Ridge to Mary McPherson Elementary School
C��fIEN
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Emily Kane, Deputy City Attorney Meeting Date: November 8, 2023
Presenter: David Miles, Chief of Staff Estimated Time: .S minutes
License Agreement with J.R. Simplot Company for Pathway from Reflection Ridge to Mary
Topic: McPherson Elementary School
Recommended Council Action:
Approve license agreement for Mayor's signature.
Background:
As discussed with City Council at its October 17, 2023 work session,this agreement conveys a license from the
J.R. Simplot Company allowing the Parks and Recreation Department to construct and maintain a pathway from
the Reflection Ridge Subdivision, across the Simplot Company's undeveloped parcel,to Mary McPherson
Elementary School, in order to provide important connectivity for children walking to school.
Please note that this agreement contains the following provision (§ 2), per the grantor's requirement:
The parcel containing the License Area shall not be annexed into the City of Meridian
without Grantor's (or successor land owner's) written consent. Notwithstanding
anything to the contrary contained in this Agreement, the Parties agree that the License
granted hereunder shall not be considered, interpreted or construed as a pathway
identified on the City's Master Pathway Plan for purposes of future dedication of an
easement as it may relate to any annexation or otherwise.This Section 2 shall survive any
termination of this Agreement.
LICENSE AGREEMENT
This License Agreement(this"Agreement")dated as of the 8th day of November
2023, (the Effective Date") by and between J. R Simplot Company, a Nevada corporation
("Grantor"), of 1099 West Front Street, Boise, Idaho 83702 and the City of Meridian, an Idaho
Municipal corporation ("Grantee") of 33 E. Broadway Avenue, Meridian, Idaho 83642
(collectively, "Parties").
WHEREAS, Grantor is the fee owner of certain real property located in Ada County, Idaho
adjacent to Mary McPherson Elementary School; and
WHEREAS, Grantee is requesting a 14 foot wide public pedestrian access across Grantor's real
property parallel with and adjacent to the east side of the Farr Lateral, as more particularly
described on Exhibit A attached hereto and made a part hereof("License Area"); and
WHEREAS,Grantee intends to use the License Area as a recreational pathway and alternate route
for the public to reach Mary McPherson Elementary School; and
WHEREAS, Grantor is willing to grant to Grantee a revocable license across the License Area
provided Grantee completes its construction of the pathway on or before April 24,2024("Pathway
Construction Deadline");
NOW, THEREFORE, based upon the preceding recitals which are incorporated herein,
and in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration
paid by Grantee to Grantor and the mutual covenants, terms, and conditions set forth herein, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Grant of License. Grantor hereby grants to Grantee, a non-exclusive revocable
license ("License") about, over, and through the License Area for a nonmotorized public
pedestrian pathway. This Agreement shall be revocable starting on the Effective Date and
continuing perpetually until terminated. Grantor may terminate this Agreement by providing
Grantee with no less than 30 days advance written notice. The License shall expire upon
annexation of the parcel containing the License Area.
2. Limitations. The parcel containing the License Area shall not be annexed into the
City of Meridian without Grantor's (or successor land owner's) written consent. Notwithstanding
anything to the contrary contained in this Agreement, the Parties agree that the License granted
hereunder shall not be considered, interpreted or construed as a pathway identified on the City's
Master Pathway Plan for purposes of future dedication of an easement as it may relate to any
annexation or otherwise. This Section 2 shall survive any termination of this Agreement.
3. Access to License Area. Grantee may access the License Area twenty-four (24)
hours a day seven (7) days per week. Grantee shall not disturb Grantor's use of its adjancent real
property. Grantee shall not disturb Grantor or any other occupants' use of the license area.
4. Maintenance and Repair. Grantee shall have the right, but not the obligation to
LICENSE AGREEMENT PAGE 1
maintain the License Area and to remove any snow and maintain the route for public use and
access at all times. Notwithstanding the foregoing, Grantee shall have the obligation to promptly
repair or compensate Grantor for any loss or damage to its adjacent real property or the License
Area arising from or related to Grantee's or the public's use under this Agreement. Any
improvements, repairs and/or maintenance made over, under, in, across, and upon the License
Area, shall not interfere with the Grantor's, or any other occupant's, use and enjoyment of
Grantor's adjacent real property or the License Area. In no event shall Grantor have any obligation
to maintain or repair any portion of the License Area for Grantee's or the public's benefit.
5. Temporary Construction Easement. To accommodate the construction of
Grantee's pathway, Grantee may temporarily use a strip of land eight feet (8') wide along and
adjacent to the east side of the License Area. Further, Grantor hereby conveys two temporary
easements for storage of construction materials("Temporary Construction Easements"),one at the
point of beginning and one the point of terminus of the License Area, as described and shown on
Exhibit B, attached hereto and made a part hereof(together, "Temporary Construction Easement
Area"). The Temporary Construction Easement shall be effective beginning on the Effective Date
and continuing until construction is complete or the Pathway Construction Deadline, whichever
first occurs. Upon the completion of construction, Grantee shall restore the Temporary
Construction Easement Area to its pre-existing slope and contour and shall re-seed the Temporary
Construction Easement Area with a seed blend approved by Grantor.
6. Reservation of Rights. Grantor shall not erect or maintain or otherwise improve
the License Area in way that may cause damage to same or unreasonably interfere with Grantee's
intended use of the License Area. Grantor, however, hereby expressly reserves to itself, its heirs,
executors, administrators, personal representatives, and assigns, all uses of the land upon which
the License Area is located. If Grantee installs a fence or fences on one or both sides of the License
Area, at Grantee's expense, Grantee shall install a gate or gates no less than 24 feet wide each on
both sides of the License Area where it crosses the buried section of the Farr Lateral for Grantor's
use in crossing the License Area with vehicles and equipment to and from Grantor's real property
located adjacent to and on both sides of the License Area. Grantor may relocate the License Area
should Grantor deem the route interferes with Grantor's use of its real property. In such event,the
pathway and any other improvements constructed by Grantee shall be removed at the expense of
Grantee from the Licensed Area.
7. Representations and Warranties. Grantor hereby represents and warrants to
Grantee that: (a) it has the full right, power, title, and interest to grant the license to Grantee; (b)
such grant of the license and any rights granted under this Agreement may be fully and thoroughly
enjoyed and utilized by Grantee pursuant to the terms hereof.
8. Liabili . Grantee shall hold harmless Grantor from any claims and all liability for
personal injuries, property damage, or for loss of life resulting from or airsing out of Grantee's or
the public's access to, or use of the License Area or Temporary Construction Easements.
Notwithstanding the foregoing, the Parties agree that the License Area shall be subject to remain
open to the public for recreational purposes, that neither Grantor nor Grantee shall charge
individual members of the public for such access, and that the provisions of Idaho Code section
36-1604, regarding recreational immunity, shall therefore apply to limit the liability of both
Grantor and Grantee. This Agreement shall not be assigned by Grantee without the prior written
consent of Grantor.
9. Notices. Any notice or report under this Agreement shall be sent to the parties at
the addresses respectively listed above, unless such addresses change by written notice to each
person concerned, in which event the new address given shall be used for the sending of such
notice or report. Any required notice shall be made by certified mail or overnight courier properly
addressed and postage prepaid. Any notice to Grantor shall be sent to the attention of its corporate
secretary.
10. Counterparts,Amendments. This Agreement may be executed electronically and
in counterparts, and when executed and delivered by all Parties in person, by facsimile or email
pdf, shall become one (1) integrated agreement enforceable on its terms. This Agreement
supersedes all prior agreements between the Parties with respect to the subject hereof and all
discussions,understandings, offers, and negotiations with respect thereto,whether oral or written.
This Agreement shall not be amended or modified, except in a writing signed by each Party hereto.
If amended or modified as permitted by this Section 8, the term "Agreement" shall thereafter be
read as including all said amendments and modifications. All exhibits that are referenced in this
Agreement or attached to it are incorporated herein and made a part hereof as if fully set forth in
the body of the document.
11. Governing Law. This Agreement and the obligations arising hereunder shall be
governed by, and construed in accordance with, the laws of the State of Idaho, without regard to
principles of conflicts of laws.
12. Further Assurances. Each party agrees to do such things, perform such acts and
make, execute, acknowledge, and deliver such documents as may be reasonably necessary and
customary to carry out the intent and purposes of this Agreement, so long as any of the foregoing
do not materially increase any parties' obligations hereunder or materially decrease any parties'
rights hereunder.
13. No Recording. Neither this Agreement nor any memorandum of this Agreement
shall be recorded in the property records of the Ada County, Idaho unless Grantor expressly
consents in writing.
14. Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY,
INTENTIONALLY, AND WITH BENEFIT OF COUNSEL WAIVE ANY RIGHT TO
DEMAND OR OBTAIN A TRIAL BY JURY IN ANY ACTION, CASE, OR PROCEEDING
ARISING FROM OR RELATED TO THIS AGREEMENT. THE SCOPE OF THIS WAIVER IS
INTENDED TO ENCOMPASS ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY
COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, BREACH
OF DUTY CLAIMS,AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.THIS
PROVISION SHALL SURVIVE INDEFINITELY.
LICENSE AGREEMENT PAGE 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
GRANTOR:
J. R. Simplot Company
By:
Name: James B. Alderman
Senior Vice President and Secretary
GRANTEE:
City of Meridian Attest:
;, SFAI r
By: Chris Jo n 1 '2
Robert E. Si I:so
�d 11-8-2023 City Clerk
Mayor
Exhibit A
100 East Bower Street,Suite 110
KELLER Meridian,ID 83642
ASSOCIATES ' (20e) 2881992
DESCRIPTION FOR MARY MCPHERSON PATHWAY LICENSE AGREEMENT
A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 30, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
A strip of land, said strip being 14.00 feet wide, 7.00 feet on each side of the following described
centerline:
COMMENCING at a brass cap marking the South 1/4 corner of said Section 30, and described in
Corner Perpetuation and Filing Record recorded as Instrument Number 2147483647 at the Ada County
Recorder, from which the Southeast corner of said Section 30, and described in Corner Perpetuation
and Filing Record recorded as Instrument Number 2023035351 at the Ada County Recorder, bears
N 89°49'22" E 2,639.90 feet;
thence along said 1/4 Section line N 89°49'22" E 468.37 feet to the Southwest corner of a parcel of land
described in a Deed of Gift recorded as Instrument Number 618487 at the Ada County Recorder;
thence leaving said 1/4 Section line and along the West boundary of said Deed of Gift N 01045'41" W
572.79 feet to the Northwest corner of said Deed of Gift;
thence along the North boundary of said Deed of Gift N 89°50'23" E 28.43 feet to the centerline of said
strip and the POINT OF BEGINNING;
thence along said centerline the following (4) courses:
thence leaving the North boundary of said Deed of Gift N 34032'19" W 803.41 feet;
thence 38.34 feet along a tangent curve to the right having a radius of 50.00 feet, a central angle of
43055'52", and a long chord that bears N 12°34'23" W a chord distance of 37.40 feet;
thence 38.22 feet along a reverse curve to the left having a radius of 30.70 feet, a central angle of
71°19'45", and a long chord that bears N 26016'20" W a chord distance of 35.80 feet;
thence 3.14 feet along a reverse curve to the right having a radius of 33.70 feet, a central angle of
0502020", and a long chord that bears N 59016'03" W a chord distance of 3.14 feet to the East
boundary of Lot 23, Block 14 of Reflection Ridge Subdivision No. 6, recorded as Instrument Number
2017058529 Book 112 Pages 16208-16212 at the Ada County Recorder, and the TERMINUS of said
centerline.
The sidelines of said license agreement area shall be prolonged or shortened to conform with the
grantor's property lines.
Containing 0.284 acres, more or less.
END OF DESCRIPTION
GROWING POSSIBILITIES 00
EXlllblt B 100 East Bower Street,Suite 110
KELLER Meridian,ID 83642
ASSOCIATES ' (208)-288-1992
Together with the following temporary construction easements:
DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT #1
A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 30, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap marking the South 1/4 corner of said Section 30, and described in
Corner Perpetuation and Filing Record recorded as Instrument Number 2147483647 at the Ada County
Recorder, from which the Southeast corner of said Section 30, and described in Corner Perpetuation
and Filing Record recorded as Instrument Number 2023035351 at the Ada County Recorder, bears
N 89°49'22" E 2,639.90 feet;
thence along said 1/4 Section line N 89°49'22" E 468.37 feet to the Southwest corner of a parcel of land
described in a Deed of Gift recorded as Instrument Number 618487 at the Ada County Recorder;
thence leaving said 1/4 Section line and along the West boundary of said Deed of Gift N 01°45'41"W
572.79 feet to the Northwest corner of said Deed of Gift;
thence along the North boundary of said Deed of Gift N 89°50'23" W 36.92 feet to the POINT OF
BEGINNING;
thence leaving said North boundary N 34'32'19" W 48.47 feet;
thence N 89°50'23" E 70.00 feet;
thence S 00°09'37" E 40.00 feet to the North boundary of said Deed of Gift;
thence along said North boundary S 89°50'23" W 42.63 feet to the POINT OF BEGINNING.
Containing 0.052 acres, more or less.
END OF DESCRIPTION
GROWING POSSIBILITIES 011o-
CITY OF MERIDIAN
PATHWAY LICENSE AGREEMENT
Located in the Southwest 1/4 of the Southeast 1/4 of Section 30,
Township 3 North,Range 1 East,Boise Meridian, SCALE:r=goo
Ada County,State of Idaho
POINT OF TEMPORARY CONSTRUCTION EASEMENT#2
TERMINUS r
I C)
Curve Table
\\ CURVE LENGTH RADIUS DELTA CHORD BEARING
C1 38.34' 50.00' 43°55'52" 37.40' N12°34'23"W
\\ C2 38.22' 30.70' 71°19'45" 35.80' N26°16'20"W
\\ C3 3.14' 33.70' 5°20'20" 3.14' N59°16'03"W
\\ N34°32'19"W 803.41'
NO G` T EF GAL
\\ a 19599 6
qTE or
pr
LEGEND \\
a
�! 0 CALCULATED POINT \ od
\� ,1Q
---- --- --- SECTION LINES
BOUNDARY LINES
's
CENTERLINE OF LICENSE AGREEMENT AREA TEMPORARY
LIMITS OF LICENSE AGREEMENT AREA \\ 5CONSTRUCTION
um -- — — EASEMENT#1
TEMPORARY EASEMENT LINES _
= N89°50'23"E
.............. ....... .....--................. ..... .--.......... TIE LINES 28.43' 1
` — J
N01°45'41"W
g; 572.79" POINT OF
CP&F INST.NO.2147483647 BEGINNING 30 r 29
N 30 46B.37' _ . _2171.53'
— — —
31 ...__.......................... ...... -..........--.. N89'49'22"E 2639.90' ....--.....................--._.. ....... .................-.. . 31 32
BASIS OF BEARING CP&F INST.NO.2023035351
100 East Bower Street,Suite 110
KELLER Meridian,ID 83642
ASSOCIATES ' (208) gas-1992
DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT #2
A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 30, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a brass cap marking the South 1/4 corner of said Section 30, and described in
Corner Perpetuation and Filing Record recorded as Instrument Number 2147483647 at the Ada County
Recorder, from which the Southeast corner of said Section 30, and described in Corner Perpetuation
and Filing Record recorded as Instrument Number 2023035351 at the Ada County Recorder, bears
N 89049'22" E 2,639.90 feet;
thence on a random line N 00°07'53" W 1315.03 feet to the East boundary of Lot 23, Block 14 of
Reflection Ridge Subdivision No. 6, recorded as Instrument Number 2017058529 Book 112 Pages
16208-16212 at the Ada County Recorder, and the POINT OF BEGINNING;
thence along the East boundary of said Lot 23 N 00°08'02" W 8.78 feet to the South boundary of Lot
24, Block 14 of said Reflection Ridge Subdivision No. 6;
thence along said South boundary N 89046'51" E 55.34 feet;
thence leaving said South boundary S 00007'27" E 40.00 feet;
thence S 89046'51" W 30.00 feet;
thence 34.20 feet along a non-tangent curve to the left having a radius of 37.70 feet, a central angle of
52063'67", and a long chord that bears N 35°56'53" W a chord distance of 33.04 feet;
thence 7.46 feet along a reverse curve to the right having a radius of 26.70 feet, a central angle of
16°02'22", and a long chord that bears N 53°55'51" W a chord distance of 7.44 feet to the East
boundary of said Lot 24 and the POINT OF BEGINNING.
Containing 0.039 acres, more or less.
END OF DESCRIPTION
��\QNp,L LAIVO
N FOSG.AG
a 19599
�F OF
A. S1�P�O
GROWING POSSIBILITIES '
Welcome Mary School!McPherson Elementary
Taylor 1915-BroadwayEast of 2nd Street on Lumber Co.
Meridian Street. Pine and Meridian was built in 1904 at Meridian Grade School 1904-School Grade
Meridian 1906-Bank Exchange
Meridian gentleman.teller's cage and three picture shows the Exchange Bank, the Inside the Meridian 1907-Bank Exchange
Cash of Idaho & 2ndSouthwest corner ca.1930s
Biddler Street st E. 1 ca. 1943–Grocery
Idaho 1933–Building
Rice Pharmacy July 1957–
Meridian 1950-Dairy Days Parade 1980–1955 Creason Photo taken by 1933–Speedway
Interurban Depot opened in 1997.from this building until Cherry Lane operations. The Meridian Library operated and utilized for club use and library purchased in 1929 by the Occident
Club The Interurban Depot building was :Occident Club and Meridian Library1913 and operated until 1928.Interurban Electric Railway was built in Passenger and freight depot for the :
Interurban Depot 18 E. Idaho Ave-
Meridian Hummel& by Building designed 1916–Post Office
Meridian 1941–Church Methodist
M.M. and Broadwaybetween Idaho On Main Street Hardware& Son Louderbough
The America Hall.Woodmen of the Modern Originally known as 77 E Idaho Ave–Building Heritage
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Memorandum of Agreement for Contribution to Transit Stop Public Artworks
Between the Meridian Development Corporation and the City of Meridian
MEMORANDUM OF AGREEMENT
FOR CONTRIBUTION TO TRANSIT STOP PUBLIC ARTWORKS
This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRANSIT STOP
PUBLIC ARTWORKS ("Agreement") is made this 8th day of November,202�"Effective Date"),
by and between the City of Meridian, a municipal corporation organized under the laws of the State
of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized
under the laws of the State of Idaho ("MDC").
WHEREAS, City and MDC desire that public art will be a component of the Meridian
community and to that end, City has undertaken the Transit Stop Public Artworks Project
("Project"), within which artwork will be transformed into vinyl wraps and used to cover bus
slelters at various locations throughout Meridian, with permission from Valley Regional Transit
("VRT"), as applicable and as a benefit to the public;
WHEREAS,the Meridian Arts Commission intends to work with artists and VRT to install
bus shelter Project wraps in fiscal year 2024; and
WHEREAS, MDC is willing to contribute to City up to eight thousand dollars ($8,000.00)
toward expenses related to the Project;
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:
1. CITY'S RESPONSIBILITIES.
A. Project wrap installation. Between October 1,2023 and September 30, 2024, City agrees to
invest MDC's contribution in the installation of bus slielter wraps on at least the following
locations: one at 3rd and Pine, and one at Ten Mile Crossing. The parties intend these funds
to be used on Project shelters within MDC's urban renewal district boundaries.
B. Selection of artists. City shall include MDC in the process of selecting artists and/or artwork
f'or transfer onto the Project shelters that are the subject of this Agreement. Regarding
decisions related to selection of artists, artwork, or specific installation locations,City shall
duly consider MDC input and shall make a reasonable effort to come to consensus; however,
City shall be responsible for the final decision regarding selection of artists, artwork, and
specific installation locations.
C. Acknowledgment of sponsorship. If City decides to acknowledge sponsors of wraps
installed as part of Project, City sliall acknowledge MDC on the Project wraps that are the
subject of this Agreement.
D. Invoice MDC. City shall remit to MDC an invoice for each Project shelter wrap installation,
with receipts for payments rendered to vendor(s) for the Project wraps that are the subject of
this Agreement, and shall request reimbursement from MDC to City for such payments, in a
FY24 MOA MDC AND CFfY FOR TRANSIT'STOP PUBLIC ARTWORKS PROJECT CONTRIBUTION PACE I OF 3
total amount not to exceed eight thousand dollars ($8,000.00).
IL MDC'S RESPONSIBILITIES.
A. Reimbursement. Within thirty (30) days of receipt of each of City's invoices, MDC shall
provide payment to City in the amount of each invoice, with the total amount sought for
reimbursement not to exceed eight thousand dollars($8,000.00).
B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on
sponsorship acknowledgment, if any, on the Project wraps that are the subject of this
Agreement.
C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's
obligations under this Agreement to provide payment to City as described herein shall be
subject to and dependent upon appropriations being made by the MDC governing board for
such purpose.
111. GENERAL TERMS.
A. Term. This Agreement begins on the Effective Date and shall remain in effect through
September 30, 2024.
B. Notice. Notice required to be provided by either of the parties under this Agreement shall
be in writing and be deemed communicated when mailed by United States Mail, addressed
as follows:
City: City of Meridian MDC: Meridian Development Corporation
City Attorney's Office Ashley Squyres, Administrator
33 E. Broadway Avenue 104 East Fairview Avenue#239
Meridian ID 83642 Meridian ID 83642
Either party may change its address f'or the purpose of this paragraph by giving formal
notice of such change to the other in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements,understandings,negotiations,representations,and
discussions, whether verbal or written, of the parties pertaining to that subject matter. The
Agreement may not be changed, amended, or superseded unless by means of writing
executed by both Parties hereto.
D. Termination. Either party may terminate this Agreement in whole, or in part, due to
convenience, nonappropriation, or when either or both parties agree that the continuation of
the project is not in the parties' best interest, by providing thirty(30)days written notice. If
MDC is the terminating party, City shall be entitled to receive reimbursement for payments
made for services properly performed by City to the date of termination.
2023-24 MOA MDC AND CITY FOR BUS SHELTER COMMUNITY ART PROJECT CONTRIBUTION PAGE 2 OF 3
E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of
the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its
officers, agents, consultants, and employees from and against any and all liability, claims,
losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred
therein, for damages, losses, or injury to entities, persons or property for any act, error, or
omission arising out of or in any way connected with the activities and programs described
herein and/or the activities of City and its officers, employees, contractors, or agents related
to or connected with this Agreement.
F. 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. The invalidity
or tlnenforceability of any provision of this Agreement shall not affect the other provisions,
and this Agreement shall be construed in all respects as if any invalid or unenforceable
provision were omitted.
G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and
jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada
County, State of Idaho.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on
the date first noted above.
ME 7=T CORPORATION:
Attest:
Dave Winder Chairman teve Vlasse , Secretary
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor 11-8-2023 Chris Johnson, City Clerk 11-8-2023
2023-24 MOA MDC AND CITY FOR BUS SHELTER COMMUNITY ART PROJECT CONTRIBUTION PAGE 3 of 3
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Memorandum of Agreement for Contribution to 2024 Concerts on Broadway
Between the Meridian Development Corporation (MDC) and the City of Meridian
MEMORANDUM OF AGREEMENT
FOR CONTRIBUTION TO 2024 CONCERTS ON BROADWAY
This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CONCERTS ON
BROADWAY ("Agreement") is made this sth day of November 2023 ("Effective Date"), by and
between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under
the laws of the State of Idaho ("MDC").
WHEREAS, City and MDC desire that the plaza at Meridian City Hall serve as a place
where members of the community can gather to enjoy downtown Meridian and to take part in the
arts;
WHEREAS, in the summer of 2024, the Meridian Arts Commission will present Concerts
on Broadway, a series of live, outdoor performances to be held in the Meridian City Hall plaza; and
WHEREAS, MDC is willing to contribute to City ten thousand dollars ($10,000.00) toward
expenses related to the presentation of the Concerts on Broadway series;
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:
1. CITY'S RESPONSIBILITIES,
A. Concert production. Between May 1, 2024 and September 30, 2024, City agrees to present
at least three (3) free outdoor concerts at Meridian City Hall plaza as part of the 2024
Concerts on Broadway series. Such concerts will include live musical performance, and
may include an opening act, food vendor(s), amplified sound, and limited chair seating. The
selection of staff and/or vendors for Concerts on Broadway shall be made by City.
B. Publicity. City shall publicize the 2024 Concerts on Broadway series, which publicity may
include distribution of information via written and broadcast media, social and online media,
e-mail, posters, and a banner displayed at Meridian City Hall. Decisions regarding the time,
place, and manner of such publicity shall be made by City.
C. Acknowledgment of sponsorship. Though the amount contributed by MDC would
typically allow MDC to be acknowledged as a title sponsor of the 2024 Concerts on
Broadway series, MDC's desire is to be acknowledged as a Tier I sponsor (or like
designation). As such, MDC shall be entitled to recognition as"sponsored by," and have the
MDC logo printed on all event marketing materials where sponsors' logos are printed.
D. Invoice MDC. City shall provide one (1) invoice to MDC by June 1, 2024, in the amount of
ten thousand dollars ($10,000.00), and City shall use such amount for the payment of
expenses related to the production of Concerts on Broadway.
MEMORANDUM OF AGREENII;NT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE I OF 3
II. NIDC's RESPONSIBILITIES.
A. Reimbursement. Within thirty (30) days of receipt of City's invoice, MDC shall provide
payment to City in the amount of ten thousand dollars ($10,000.00).
B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on
marketing materials as described herein.
II1.GENERAL TERMS.
A. Term. This Agreement begins October 11, 2023 and shall remain in effect through
September 30, 2024.
B. Notice. Notice required to be provided by either of the parties under this Agreement shall
be in writing and be deemed communicated when mailed by United States Mail, addressed
as follows:
City: City of Meridian MDC: Meridian Development Corporation
Arts& Culture Coordinator Ashley Squyres, Administrator
33 E. Broadway Avenue 104 E. Fairview Avenue #239
Meridian ID 83642 Meridian ID 83642
Either party may change its address for the purpose of this paragraph by giving formal
notice of such change to the other in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements, understandings, negotiations, representations, and
discussions, whether verbal or written, of the parties pertaining to that subject matter. The
Agreement may not be changed, amended, or superseded unless by means of writing
executed by both Parties hereto.
D. Termination. Either party may terminate this Agreement in whole, or in part, due to
convenience, nonappropriation, or when either or both parties agree that the continuation of
this Agreement is not in the parties' best interest, by providing thirty (30) days written
notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for
payments made for services properly performed by City to the date of termination. If City is
the terminating party, MDC shall be entitled to reimbursement for a pro-rata share of
MDC's contribution for any concerts that have not been presented at the time of termination,
i.e., $3,333.33 per concert. If the City decides to cancel all or a portion of the concerts due
to concerns related to COVID-19 or other health risks, then MDC shall be entitled to
reimbursement in the amount of$3,333.33 per concert cancelled. City's decision to cancel
or reschedule a concert due to inclement weather or other unforeseen event on the day of
such scheduled concert shall not constitute termination or breach, and MDC shall not be
entitled to pro-rata or other reimbursement in such circumstance.
E. Indemnification. To the fullest extent permitted by law and by Article Vill, section 4 of the
Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its
officers, agents, consultants, and employees from and against any and all liability, claims,
MEMORANDUM OF AGREEMENT FOR MDC'S CONCERTS ON BROADWAY CONTRIBUTION PAGE 2 OF 3
losses, actions, or j>_Idgments, costs and fees, including any costs and attorney's fees incurred
therein, for damages, losses, or injury to entities, persons or property for any act, error, or
omission arising out of or in any way connected with the activities and programs described
herein and/or the activities of City and its officers, employees, contractors, or agents related
to or connected with this Agreement.
F. 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. The invalidity
or unenforceability of any particular provision of this Agreement shall not affect the other
provisions, and this Agreement shall be construed in all respects as if any invalid or
unenforceable provision were omitted.
G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and
jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada
County, State of Idaho.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
MERIDIAN DEVELOPMENT CORPORATION:
Attest:
Da e Winder, C airman CjSteveassek, Secretary
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor 11-8-2023 Chris Johnson, City Clerk 11-5-2023
MEMORANDUM OF AGREEMENT FOR MDC's CONCL•R'IS ON BROADWAP CONTRIBUTION PAGb,3 OF 3
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Fiscal Year 2024 Net-Zero Budget Amendment in the amount of$8,000.00
for Meridian Development Corporation Sponsorship of Transit Stop Public Artwork
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MEMORANDUM OF AGREEMENT
FOR CONTRIBUTION TO TRANSIT STOP PUBLIC ARTWORKS
This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO TRANSIT STOP
PUBLIC ARTWORKS ("Agreement") is made this 8th day of November 2023("Effective Date"),
by and between the City of Meridian, a municipal corporation organized under the laws of the State
of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized
under the laws of the State of Idaho ("MDC").
WHEREAS, City and MDC desire that public art will be a component of the Meridian
community and to that end, City has undertaken the Transit Stop Public Artworks Project
("Project"), within which artwork will be transformed into vinyl wraps and used to cover bus
slelters at various locations throughout Meridian, with permission from Valley Regional Transit
("VRT"), as applicable and as a benefit to the public;
WHEREAS,the Meridian Arts Commission intends to work with artists and VRT to install
bus shelter Project wraps in fiscal year 2024; and
WHEREAS, MDC is willing to contribute to City up to eight thousand dollars ($8,000.00)
toward expenses related to the Project;
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:
1. CITY'S RESPONSIBILITIES.
A. Project wrap installation. Between October 1,2023 and September 30, 2024, City agrees to
invest MDC's contribution in the installation of bus slielter wraps on at least the following
locations: one at 3rd and Pine, and one at Ten Mile Crossing. The parties intend these funds
to be used on Project shelters within MDC's urban renewal district boundaries.
B. Selection of artists. City shall include MDC in the process of selecting artists and/or artwork
f'or transfer onto the Project shelters that are the subject of this Agreement. Regarding
decisions related to selection of artists, artwork, or specific installation locations,City shall
duly consider MDC input and shall make a reasonable effort to come to consensus; however,
City shall be responsible for the final decision regarding selection of artists, artwork, and
specific installation locations.
C. Acknowledgment of sponsorship. If City decides to acknowledge sponsors of wraps
installed as part of Project, City sliall acknowledge MDC on the Project wraps that are the
subject of this Agreement.
D. Invoice MDC. City shall remit to MDC an invoice for each Project shelter wrap installation,
with receipts for payments rendered to vendor(s) for the Project wraps that are the subject of
this Agreement, and shall request reimbursement from MDC to City for such payments, in a
FY24 MOA MDC AND CrfY FOR TRANSIT'STOP PUBLIC ARTWORKS PROJECT CONTRIBUTION PACE I OF 3
total amount not to exceed eight thousand dollars ($8,000.00).
IL MDC'S RESPONSIBILITIES.
A. Reimbursement. Within thirty (30) days of receipt of each of City's invoices, MDC shall
provide payment to City in the amount of each invoice, with the total amount sought for
reimbursement not to exceed eight thousand dollars($8,000.00).
B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on
sponsorship acknowledgment, if any, on the Project wraps that are the subject of this
Agreement.
C. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's
obligations under this Agreement to provide payment to City as described herein shall be
subject to and dependent upon appropriations being made by the MDC governing board for
such purpose.
111. GENERAL TERMS.
A. Term. This Agreement begins on the Effective Date and shall remain in effect through
September 30, 2024.
B. Notice. Notice required to be provided by either of the parties under this Agreement shall
be in writing and be deemed communicated when mailed by United States Mail, addressed
as follows:
City: City of Meridian MDC: Meridian Development Corporation
City Attorney's Office Ashley Squyres, Administrator
33 E. Broadway Avenue 104 East Fairview Avenue#239
Meridian ID 83642 Meridian ID 83642
Either party may change its address f'or the purpose of this paragraph by giving formal
notice of such change to the other in the manner herein provided.
C. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements,understandings,negotiations,representations,and
discussions, whether verbal or written, of the parties pertaining to that subject matter. The
Agreement may not be changed, amended, or superseded unless by means of writing
executed by both Parties hereto.
D. Termination. Either party may terminate this Agreement in whole, or in part, due to
convenience, nonappropriation, or when either or both parties agree that the continuation of
the project is not in the parties' best interest, by providing thirty(30)days written notice. If
MDC is the terminating party, City shall be entitled to receive reimbursement for payments
made for services properly performed by City to the date of termination.
2023-24 MOA MDC AND CITY FOR BUS SHELTER COMMUNITY ART PROJECT CONTRIBUTION PAGE 2 OF 3
E. Indemnification. To the fullest extent permitted by law and by Article VIII, section 4 of
the Idaho Constitution, City agrees to indemnify, defend, and hold harmless MDC and its
officers, agents, consultants, and employees from and against any and all liability, claims,
losses, actions, or judgments, costs and fees, including any costs and attorney's fees incurred
therein, for damages, losses, or injury to entities, persons or property for any act, error, or
omission arising out of or in any way connected with the activities and programs described
herein and/or the activities of City and its officers, employees, contractors, or agents related
to or connected with this Agreement.
F. 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. The invalidity
or tlnenforceability of any provision of this Agreement shall not affect the other provisions,
and this Agreement shall be construed in all respects as if any invalid or unenforceable
provision were omitted.
G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and
jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada
County, State of Idaho.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on
the date first noted above.
ME 7=T CORPORATION:
Attest:
Dave Winder Chairman teve Vlasse , Secretary
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor 11-8-2023 Chris Johnson, City Clerk 11-8-2023
2023-24 MOA MDC AND CITY FOR BUS SHELTER COMMUNITY ART PROJECT CONTRIBUTION PAGE 3 of 3
MEMORANDUM OF AGREEMENT FOR INSTALLATION OF PUBLIC ARTWORK
ON TRANSIT STOP SHELTERS IN THE CITY OF MERIDIAN
This MEMORANDUM OF AGREEMENT FOR INSTALLATION OF PUBLIC
ARTWORK ON TRANSIT STOP SHELTERS IN THE CITY OF MERIDIAN("Agreement")
is made and entered into this 19th day of_September , 2023 ("Effective Date"), by and
between Valley Regional Transit, a regional public transportation authority established pursuant
to the laws of the state of Idaho ("VRT"), and the Meridian Arts Commission, by and through
the City of Meridian, a municipal corporation established pursuant to the laws of the state of
Idaho ("City") (together, "Parties").
WHEREAS, pursuant to Title 40, Chapter 21, Idaho Code, VRT provides public
transportation services and support functions to City;
WHEREAS, pursuant to Idaho Code section 40-2109(4), VRT owns and operates bus
stop shelters within the City of Meridian, for the support of a safe and efficient public
transportation system;
WHEREAS, the City desires that public art will be a component of the Meridian
community, and by this Agreement, the Meridian Arts Commission ("MAC") and VRT will
partner to display Public Artworks on transit stop shelters ("Shelters") in Meridian, in the form
of original artwork, selected by MAC and printed on vinyl wraps, to be installed on such Shelters
("Transit Stop Public Artworks"), as a benefit to the public;
WHEREAS,the respective governing boards of VRT and City find the partnership set
forth in this Agreement to be in the best interest of the public;
NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, the Parties agree as follows:
I.VRT's RESPONSIBILITIES
A. Partner with City. VRT shall participate in the process of installing Transit Stop Public
Artwork on Shelters in Meridian as set forth in Exhibit A, to include identifying Shelters
suitable for display of a Public Artwork and notifying City's Arts & Culture Coordinator of
the location, measurements, and any other pertinent information regarding such Shelters;and,
upon City's request,providing feedback on the requests for qualifications or proposals or
calls to artists drafted by City seeking responses from artists qualified to and interested in
preparing designs for Transit Stop Public Artwork.
B. License conveyed. Subject to the terms and conditions of this Agreement, VRT hereby
extends to City a license to adhere Transit Stop Public Artwork to Shelters in Meridian, and
to maintain such Transit Stop Public Artwork as set forth herein. The license conveyed by
VRT to City shall be limited to these purposes and no others. City acknowledges and agrees
that the license granted herein is temporary, non-transferable and merely a permissive use of
the Shelters pursuant to this Agreement. City specifically assumes the risk that the license
MOA FOR TRANSIT STOP PUBLIC ARTWORKS
PAGE 1
40874.0102.15965090.2
conveyed by this Agreement may be terminated before City has realized the economic
benefit of the cost of installing Transit Stop Public Artwork on Shelters, and City hereby
waives and estops itself from asserting any claim that the license is in any way irrevocable
because City has expended funds on the Transit Stop Public Artwork and the Agreement has
not been in effect for a period sufficient for City to realize the economic benefit from such
expenditures.
C. Shelter improvements. This Agreement is not intended to, and shall not, preclude or
impede the ability of VRT to repair, relocate, maintain, or improve the Shelters as VRT
determines, in its sole discretion, is appropriate. Where feasible, VRT shall provide notice to
City of repair,relocation,maintenance,or improvement of any Shelter featuring Transit Stop
Public Artwork.
D. VRT Contact. VRT shall designate an individual to serve as VRT Contact, which individual
shall consult with City as requested throughout the design and installation of the Transit Stop
Public Artwork, and shall be authorized to make decisions on behalf of VRT related to
design and installation of the Public Artwork-
E. Process. VRT has reviewed, acknowledges, understands, and agrees to participate in the
partnership process as generally set forth in Exhibit A hereto.
II. CITY'S RESPONSIBILITIES.
A. Partner with VRT. City shall participate in the process of installing a Transit Stop Public
Artwork on Shelters in Meridian as set forth in Exhibit A.
B. City Contact. Unless otherwise designated by City, the Arts & Culture Coordinator shall
serve as City Contact, and shall consult and liaise with VRT and Artist throughout the design
and installation of the Transit Stop Public Artwork, and shall be authorized to make decisions
on behalf of City related to its design and installation.
C. Process. City has reviewed, acknowledges, understands, and agrees to participate in the
partnership process as generally set forth in Exhibit A hereto.
D. Payment for Artwork. City shall contract with the vinyl vendor to create and install the
Transit Stop Public Artwork, and shall pay all associated costs.
E. Maintenance. City shall have the sole right and responsibility to to execute, and to pay for,
all necessary maintenance and repair of the Transit Stop Public Artwork. Such maintenance
shall not interfere with the normal operations of the Shelter or inhibit the public access to or
use of the Shelter. City may determine, in its sole discretion, that the Public Artwork is
damaged beyond feasible repair, and may remove the Public Artwork, with thirty (30) days'
notice to VRT. VRT shall notify City if VRT perceives a need to maintain or repair the
Transit Stop Public Artwork.
NJOA FOR TRANSIT STOP PUBLIC ARTWORKS
PAGE 2
40874.0102.15965090.2
III.GENERAL PROVISIONS.
A. City and VRT Contacts. The Parties hereby designate the following individuals to serve as
the City Contact and VRT Contact, respectively:
City Contact: VRT Contact:
Cassandra Schiffler, Arts & Culture Coordinator Jason Rose,Communications Director
cschiffler@meridiancity.org jrose@ridevrt.org
208-884-5533 208-258-2739
Either Party may designate a new Contact by notifying the other Contact by the manner set
forth in this provision.
B. Notice. Communication between City Contact and VRT Contact may occur via e-mail or
telephone. All other notices required to be given by either of the Parties hereto shall be in
writing and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
If to City: If to VRT:
City Clerk, City of Meridian Communications Department
33 E. Broadway Avenue Valley Regional Transit
Meridian, Idaho 83642 700 NE 2,,d St., Suite 100
Meridian, ID 83642
C. Term. This Agreement begins immediately upon the Effective Date and shall automatically
renew annually, unless terminated as set forth herein.
D. Non-appropriation. Notwithstanding any other provision of this Agreement, City shall not
be obligated by any provision of this Agreement unless and until the Meridian City Council
appropriates adequate funds for the activities contemplated in this Agreement in the City's
budget f'or the applicable fiscal year. In the event that funds necessary to meet City's
obligations under this Agreement are not appropriated, this Agreement shall be terminated.
City shall notify VRT of any such non-appropriation of funds at the earliest practicable date.
E. Assignment. Neither party shall assign or sublet all or any portion of its respective interest
in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily,
without the prior written consent of the other party. This Agreement and each and all of the
terms and conditions hereof shall apply to and are binding upon the respective organizations,
legal representative, successors, and assigns of the Parties.
F. No agency. For purposes of or in furtherance of this Agreement, neither party nor its
respective employees, agents,contractors,officials,officers,servants,guests,and/or invitees
shall be considered agents of the other in any manner or for any purpose whatsoever.
G. Hold harmless. For purposes of or in furtherance of this Agreement,each party and each of
its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall
save and hold harmless the other party from and for any and all losses, claims, actions,
judgments for damages, or injury to persons or property and losses and expenses caused or
incurred by either party or any employee, agent, contractor, official, officer, servant, guest,
MOA FOR TRANSIT STOP PUBLIC ARTWORKS
PAGE 3
40874.0102.15965090.2
and/or invitee thereof associated with this Agreement, the license granted herein, and/or any
Transit Stop Public Artwork designed or installed pursuant hereto.
H. Compliance with laws. In performing the scope of services required hereunder, City and
VRT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
I. Force majeure. Neither Party will be liable for failure to perform any duty under this
Agreement where such failure is due to unforeseeable causes beyond such Party's control.
Such causes may include, but shall not be restricted to, acts of God or nature, fire, flood,
epidemic, strike, crime, natural disaster, or any order of any court or state or federal agency.
J. 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.
K. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be
limited to: non-appropriation of funds necessary to meet City's obligations under this
Agreement; an act or omission by either party which materially breaches any term of this
Agreement; an act of nature or other unforeseeable event which precludes or makes
impossible the performance of the terms of this Agreement by either party; or a change in
or occurrence of circumstances that renders the performance by either party a detriment
to the public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing thirty(30)days' notice
of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A fourteen (14) day cure period shall
commence upon provision of the notice of intention to terminate. If, upon the expiration
of such cure period, cure of the breach or circumstances providing grounds for
termination has not occurred, this Agreement may be terminated upon mailing of notice
of termination.
3. Removal. Upon termination of this Agreement, City shall promptly remove all existing
Transit Stop Public Artworks from the Shelters. Should City fail or neglect to promptly
remove the Transit Stop Public Artworks, VRT may do so and assess City for the costs
thereof. Provided, however, VRT and City may agree in writing that some or all of such
Transit Stop Public Artworks are to remain following termination, and by entering into
such an agreement City shall thereby disclaim all right, title and interest in and to the
same, and shall grant such Transit Stop Public Artworks to VRT at no cost.
MOA FOR TRANSIT STOP PUBLIC ARTWORKS
PAGE
40874,0102.15965090.2
L. Time is of the essence. The Parties 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 and
default hereunder by the Party so failing to perform.
M. 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.
N. Non-waiver. Failure of either party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after the governing body of either party becomes entitled to the benefit thereof,
notwithstanding delay in enforcement.
O. Approval required. This Agreement shall not become effective or binding until approved
by the respective governing bodies of both City and VRT. The Parties' signatories hereto
represent and warrant that each is duly authorized to bind, respectively, City and VRT to this
Agreement in all respects.
P. Exhibits. All exhibits attached hereto are fully incorporated as if set forth in full herein.
Q. Entire Agreement. This Agreement contains the entire agreement of the Parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
IN WITNESS WHEREOF,the Parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
VALLEY REGIONAL TRANSIT:
ukk ae
Elaine Clegg(Sep 7,20 16 MDT)
Elaine Clegg, Chief Executive Officer
CITY OF MERIDIAN: Attest:
Robert E. Simison, Mayor 9-19-2023 Chris Johnson, City Clerk 9-19-2023
MOA FOR TRANSIT STOP PUBLIC ARTWORKS
PAGE 5
40874.0102.15965090.2
EXHIBIT A
TRANSIT STOP PUBLIC ARTWORK PARTNERSHIP PROCESS
STEP RESPONSIBLE PARTY TASK
1 City (City Attorney's Office) Prepare and negotiate proposed memorandum of agreement
with VRT establishing terms and conditions of City license
to install Transit Stop Public Artwork
2 VRT Identify transit stop shelters suitable to display Public
Artwork; notify Arts & Culture Coordinator of locations,
dimensions, and specifications
3 City (Arts& Culture Coordinator) Issue request for qualifications or proposals or call to
artists to engage artist to prepare design for Transit Stop
Public Artwork
5 City(Arts& Culture Coordinator) Convene panel to select artist and/or design; notify selected
artist and unsuccessful applicants
6 City (City Attorney's Office and Arts Prepare agreement for public artwork design; negotiate
& Culture Coordinator) agreement with selected artist; coordinate execution of
agreement by City and artist
7 City (Arts& Culture Coordinator, Collaborative exchange between VRT,Artist, and City;
Meridian Arts Commission), VRT, Artist delivers final Transit Stop Public Artwork design to
and Artist City
8 City (Meridian Arts Commission) Review and recommend approval of final Transit Stop
Public Artwork design
9 City (City Attorney's Office) Prepare resolution for City Council approval and Mayor's
signature, accepting the Transit Stop Public Artwork
design
10 City(City Council) Approve final Transit Stop Public Artwork design via
resolution
11 City (Arts & Culture Coordinator) Prepare,negotiate,and execute task order with vinyl
vendor to create and install approved Transit Stop Public
Artwork; pay vinyl vendor for associated costs
12 City (Arts & Culture Coordinator) Coordinate installation of Transit Stop Public Artwork
13 City (Arts &Culture Coordinator), Schedule/coordinate Transit Stop Public Artwork unveiling
VRT, and Artist event (as weather or other circumstances permit)
MOA FOR TRANSIT STOP PUBLIC ARTWORKS
PAGE 6
40874.0102.15 965090.2
MOA with VRT for Artwork on Transit Stop
Shelters with all VRT edits
Final Audit Report 2023-09-07
Created: 2023-09-07
By: Jason Rose(rose@valleyregionallransil.org)
i
Status: Signed
Transaction ID: CBJCHBCAABAATwSVF12BHdz-KbwlFKi4elZrlounCkam
"MOA with VRT for Artwork on Transit Stop Shelters with all VR
T edits" History
Document created by Jason Rose Qrose@valleyregionaltransit.org)
2023-09-07-9:49:26 PM GMT
C'. Document emailed to Elaine Clegg (eclegg@ridevrt.org) for signature
2023-09-07-9:51:48 PM GMT
Email viewed by Elaine Clegg (eclegg@ridevrt.org)
2023-09-07-10:15:04 PM GMT
CSo Document e-signed by Elaine Clegg (eclegg@ridevrt.org)
Signature Date:2023-09-07-10:16:08 PM GMT-Time Source:server
Agreement completed.
2023-09-07-10:16:08 PM GMT
Powered by
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W 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
CM*4IE 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.
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
CONTRACT FOR THE SUPPLY OF
WRRF TERTIARY FILTER MEMBRANE — EQUIPMENT PURCHASE
PROJECT #11281.f
THIS CONTRACT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made
this 241h day of October, 2023, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and FilmTec
Corporation, hereinafter referred to as "SUPPLIER", whose business address is 5400
Dewey Hill Rd., Edina, MN 54439.
INTRODUCTION
Whereas, the City has a need for WRRF Tertiary Filter Membrane; and
WHEREAS, the SUPPLIER is specially trained, experienced and
competent to provide and has agreed to provide such equipment;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Equipment / Supply Specifications & Requirements:
1 .1 SUPPLIER shall supply the equipment, supplies and services to the City upon
execution of this Contract and receipt of the City's written notice to proceed, all
items, and comply in all respects, as specified in the Request for Proposals
titled 'WRRF Tertiary Filter Membrane Equipment Purchase" and suppliers
proposal dated May 26, 2023, Exhibit C Changes & Modifications, Exhibit D
Warranty Spec 01-79-50 dated 9/26/2023 and Exhibit E Machine and Module
Transport and Storage, which by this reference are incorporated herein,
together with all addendums issued.
1 .2 The SUPPLIER shall provide all equipment and services under this Contract
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions and the
terms of this contract. The SUPPLIER 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
Contract and that are in effect at the time of performance of this Contract.
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
2. Consideration
2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in
Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof, for the Not-To-Exceed amount of $6,809,834.00.
2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of
all equipment and supplies, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City Project Manager. The City will not
withhold any Federal or State income taxes or Social Security Tax from any
payment made by City to SUPPLIER under the terms and conditions of this
Contract. Payment of all taxes and other assessments on such sums is the
sole responsibility of SUPPLIER.
2.3 Except as expressly provided in this Contract, SUPPLIER 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 Contract,
including, but not limited to, meals, lodging, transportation, drawings,
renderings or mockups. Specifically, SUPPLIER shall not be entitled by virtue
of this Contract 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 Contract shall become effective upon execution by both parties, and shall
expire upon (a) completion of the agreed upon work, or (b) unless sooner
terminated as provided below or unless some other method or time of
termination is listed in Exhibit A.
3.2 Should SUPPLIER default in the performance of this Contract or materially
breach any of its provisions, City, at City's option, may terminate this Contract
by giving written notification to SUPPLIER.
3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth
in Exhibit B of this Contract on the date due, SUPPLIER, at the SUPPLIER's
option, may terminate this Contract if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
All eight (8) Milestones in the Milestone / Payment Schedule included in
this Contract shall be completed by the dates/times listed in the Milestone
/ Payment Schedule. SUPPLIER shall be liable to the City for any delay
beyond this timeperiod in the amount of $250.00 (Two Hundred Dollars)
per calendar day. Such payment shall be construed to be liquidated
damages by the Contractor in lieu ofany claim or damage because of such
delay and not be construed as a penalty.
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
5. Termination:
The CITY shall have the right to terminate this Contract as follows:
1 . If SUPPLIER violates any of the covenants, Contracts, or stipulations of this
Contract, falsifies any record or document required to be prepared under this
Contract, engage in fraud, dishonesty, or any other act of misconduct in the
performance of this contract s or Stipulation of this Contract, CITY shall
thereupon have the right to terminate this Contract by giving written notice to
SUPPLIER of such termination and specifying the effective date thereof at least
fifteen (15) days before the effective date of such termination.
2. If SUPPLIER breaches this Contract by failing to materially fulfill in a timely and
proper manner its obligations under this Contract, CITY shall thereupon provide
a notice of intent to terminate the contract and give SUPPLIER a 30-day cure
period during which SUPPLIER shall prepare a detailed plan to address the
issues raised by the CITY. If in the CITY's opinion, SUPPLIER's plan fails to
address the said issues, CITY shall thereupon have the right to terminate this
Contract by giving written notice to SUPPLIER of such termination and
specifying the effective date thereof at least fifteen (15) days before the
effective date of such termination.
3. If the City Council determines that termination of the contract is in the best
interest of the CITY, CITY shall thereupon have the right to terminate this
Contract by giving written notice to SUPPLIER of such termination and
specifying the effective date thereof at least fifteen (15) days before the
effective date of such termination provided always that if such termination is
not due to SUPPLIER's fault, it shall be deemed a termination for convenience
and CITY shall pay SUPPLIER for work performed, in accordance with this
contract up to the date of termination."
Notwithstanding the above, SUPPLIER shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this
Contract by SUPPLIER, and the CITY may withhold any payments to
SUPPLIER for the purposes of set-off until such time as the exact amount of
damages due the CITY from SUPPLIER is determined. This provision shall
survive the termination of this Contract and shall not relieve SUPPLIER of its
liability to the CITY for damages.
6. Independent SUPPLIER:
6.1 In all matters pertaining to this Contract, SUPPLIER shall be acting as an
independent SUPPLIER, and neither SUPPLIER nor any officer, employee or
agent of SUPPLIER will be deemed an employee of CITY. Except as expressly
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
provided in Exhibit A, SUPPLIER has no authority or responsibility to exercise
any rights or power vested in the City and therefore has no authority to bind or
incur any obligation on behalf of the City. The selection and designation of the
personnel of the CITY in the performance of this Contract shall be made by the
CITY.
6.2 SUPPLIER, its agents, officers, and employees are and at all times during the
term of this Contract shall represent and conduct themselves as independent
SUPPLIERs and not as employees of the City.
6.3 SUPPLIER shall determine the method, details and means of performing the
work and services to be provided by SUPPLIER under this Contract.
SUPPLIER shall be responsible to City only for the requirements and results
specified in this Contract and, except as expressly provided in this Contract,
shall not be subjected to City's control with respect to the physical action or
activities of SUPPLIER in fulfillment of this Contract. If in the performance of
this Contract any third persons are employed by SUPPLIER, such persons
shall be entirely and exclusively under the direction and supervision and control
of the SUPPLIER.
7. Indemnification and Insurance:
7.1 SUPPLIER shall indemnify and save and hold harmless CITY from and for any
and all losses, claims, actions, judgments for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the
performance of this Contract by the SUPPLIER, its servants, agents, officers,
employees, guests, and business invitees, caused by or arising out of
SUPPLIER's negligence or willful misconduct. SUPPLIER shall maintain, and
specifically agrees that it will maintain, throughout the term of this Contract,
liability insurance, in which the CITY shall be named an additional insured in
the minimum amounts as follow: General Liability One Million Dollars
($1 ,000,000) per incident or occurrence, Professional Liability One Million
Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1 ,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The limits
of insurance shall not be deemed a limitation of the covenants to indemnify and
save and hold harmless CITY; and if CITY becomes liable for an amount in
excess of the insurance limits, herein provided, SUPPLIER covenants and
agrees to indemnify and save and hold harmless CITY from and for all such
losses, claims, actions, or judgments for damages or injury to persons or
property and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from , or in connection with the performance of this Contract by
the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or
sub-SUPPLIERs and resulting in or attributable to personal injury, death, or
damage or destruction to tangible or intangible property, including use of.
SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of
insurance evidencing SUPPLIER'S compliance with the requirements of this
paragraph and file such proof of insurance with the CITY at least ten (10) days
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
prior to the date SUPPLIER begins performance of it's obligations under this
Contract. In the event the insurance minimums are changed, SUPPLIER 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.
7.2 Any deductibles, self-insured retention, or named insureds must be declared in
writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the SUPPLIER shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
7.3 To the extent of the indemnity in this contract, SUPPLIER'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 SUPPLIER's insurance and shall not contribute with SUPPLIER's
insurance except as to the extent of City's negligence.
7.4 The SUPPLIER'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.
7.5 All insurance coverages for Suppliers subs shall be subject to all of the
insurance and indemnity requirements stated herein.
7.6 The limits of insurance described herein shall not limit the liability of the
Supplier and Supplier's agents, representatives, employees or subcontractors.
7.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or
subcontractors.
8. Bonds:
Payment and Performance Bonds are required per the RFP.
9. Warranty:
In addition to any warranty required in the specifications, all equipment,
coatings, valves, controls, and other components provided under this Contract
shall be guaranteed for two (2) years against defects in workmanship and
materials from the notice of acceptance. Please see Exhibit D, Revised Section
01 79 50 — Membrane System Warranty dated 9/26/2023 for additional
warranty requirements.
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
10. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this Contract, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
City of Meridian
Procurement Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
Ph. (208) 489-0417
Email: kwattsOmeridiancity.org
FilmTec Corporation
Attn: Christopher Morrow
5400 Dewey Hill Rd.
Edina, MN 54439
Ph.408-771-6202
e-mail: Christopher.morrowgdupont.com
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.
11. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning
this Contract, 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 Contract.
12. 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 Contract by the party so failing to perform.
"Buyer and Seller agree that time is of the essence of this Contract and that
Buyer will suffer damages if Seller's equipment is not delivered to Buyer
within the times specified herein. Further, Buyer and Seller recognize the
delays, expense and difficulties involved in proving the actual damages
suffered by Buyer if Seller's equipment is not delivered on time. Accordingly,
and in lieu of requiring proof of such damages, Seller agrees to pay, as
liquidated damages for delay (but not as a penalty) $250 per day that expires
after the times specified herein, subject to the following limitation. THE
PAYMENT OF LIQUIDATED DAMAGES BY SELLER IS BUYER'S SOLE
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
AND EXCLUSIVE REMEDY FOR DELAYS. NOTWITHSTANDING
ANYTHING TO THE CONTRARY INCLUDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY EXPRESSLY PROVIDED HEREIN, SELLER'S
LIABILITY FOR DELAY SHALL NOT EXCEED A 100% OF THE PRICE PAID
TO SELLER UNDER THE CONTRACT.")
13. Assignment:
It is expressly agreed and understood by the parties hereto, that SUPPLIER
shall not have the right to assign, transfer, hypothecate or sell any of its rights
under this Contract except upon the prior express written consent of CITY.
14. Discrimination Prohibited:
In performing the Work required herein, SUPPLIER shall not unlawfully
discriminate in violation of any federal, state or local law, rule or regulation
against any person on the basis of race, color, religion, sex, national origin or
ancestry, age or disability.
15. Reports and Information:
15.1 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 Contract.
15.2 SUPPLIER shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Contract for a minimum of
four (4) years from the termination or completion of this or Contract. 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.
16. Audits and Inspections:
At any time during normal business hours if the City believes the Supplier is in
breach of the contract or as required by state and federal law, there shall be
made available to the CITY for examination all of SUPPLIER'S records with
respect to all matters covered by this Contract. SUPPLIER shall permit the
CITY to audit, examine, and make excerpts or transcripts from such records,
and to make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Contract.
17. Force Majeure
Neither party shall be liable for any failure or delay in performing an obligation
under this Contract that is due to any of the following Force Majeure events,
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
provided the event is beyond its reasonable control: acts of God, accident, riots,
war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural
catastrophe, national strike, fire, or explosion. Force Majeure shall temporarily
suspend the Contract until the Force Majeure event ceases.
18. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Contract 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 Contract.
19. Compliance with Laws:
In performing the scope of work required hereunder, SUPPLIER shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
Certifications.
Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies:
A. That Contractor is not currently owned or operated by the
government of China and will not, for the duration of this Contract,
be owned or operated by the government of China.
B. That Contractor is not currently engaged in, and will not for the
duration of the Contract engage in, a boycott of goods or services
from Israel or territories under its control.
20. 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 SUPPLIER'S compensation, which are mutually agreed upon by
and between the CITY and SUPPLIER, shall be incorporated in written
amendments which shall be executed with the same formalities as this
Contract.
21. Construction and Severability:
If any part of this Contract is held to be invalid or unenforceable, such holding
will not affect the validity or enforceability of any other part of this Contract so
long as the remainder of the Contract is reasonably capable of completion.
22. Waiver of Default:
Waiver of default by either party to this Contract shall not be deemed to be
waiver of any subsequent default. Waiver or breach of any provision of this
Contract shall not be deemed to be a waiver of any other or subsequent breach,
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
and shall not be construed to be a modification of the terms of this Contract
unless this Contract is modified as provided above.
23. Advice of Attorney:
Each party warrants and represents that in executing this Contract. It has
received independent legal advice from its attorney's or the opportunity to seek
such advice.
24. Entire Contract:
This Contract contains the entire Contract of the parties and supersedes any
and all other Contracts or understandings, oral of written, whether previous to
the execution hereof or contemporaneous herewith.
25. Order of Precedence:
The order or precedence shall be this Contract (including all exhibits), the
Request for Proposals, then DuPont's proposal response dated 5/26/2023.
26. Applicable Law:
This Contract 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.
27. Approval Required:
This Contract shall not become effective or binding until approved by the City
of Meridian.
28. Ownership of Materials and Licenses.
Ownership of Materials and Licenses. All devices, designs (including
drawings, plans and specifications), estimates, prices, notes, electronic
data, software and other documents or information prepared or disclosed
by Seller, and all related intellectual property rights, shall remain Seller's
property. Seller grants Buyer a non-exclusive, non-transferable license to use
any such material solely for Buyer's use of the Work. Buyer shall not disclose
any such material to third parties without Seller's prior written consent, unless
otherwise required by Idaho or Federal law. Buyer grants Seller a non-
exclusive, non-transferable license to use Buyer's name and logo for marketing
purposes, including but not limited to, press releases, marketing and
promotional materials, and web site content.
29. Limitations of Liability
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO
THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY
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DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Exhibit A
SCOPE OF WORK
REFER TO REQUEST FOR PROPOSALS PW-231 3-1 1 281 .F ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package, all
Exhibits to this contract and written proposal by SUPPLIER dated May 26, 2023 are by
this reference made a part hereof.
The project consists of supplying an integrated membrane filtration system for the full-
scale Tertiary Filtration Project at the City's Wastewater Resource Recovery Facility
(WRRF) and for the services outlined in the Request for Proposal (RFP).
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Contract shall not exceed
$6,809,834.00.
MILESTONE DATES / PRICING
SCHEDULE
Contract includes furnishing all labor, materials, equipment and incidentals as required per the Scope of Work in
the RFP and all exhibits of this Contract.
MILESTONE MILESTONE NAME COMPLETION DATE PAYMENT
Milestone 1 Initial Submittal Schedule 7 Days from Notice to Proceed None
Milestone 2 Supplier Design Kickoff 30 Days from Notice to Proceed None
Milestone 3 Initial Supplier Design 90 Days from Notice to Proceed None
Submittal
Milestone 4 Final Supplier Design 150 Days from Notice to Proceed Per Proposal
Submittal 3% max
city
Construction 277 Days from Final Supplier None
Bid Process & Design Submittal
Contractor NTP
Milestone 5 Updated Submittal 14 Days from Construction None
Schedule Contractor Notice to Proceed
Final Approved Varies relative to Contractor
Milestone 6 Construction Shop Schedule. Refer to Technical 12%
Drawings Specifications.
Milestone 7 Delivery of Membrane 36 Weeks from Construction 60%
System Contractor Notice to Proceed
Final Approved O&M Varies relative to Contractor
Milestone 8 Manuals and Completed Schedule. Refer to Technical 5%
Training Specifications.
Certification of Proper Varies relative to Contractor
Milestone 9 Installation Schedule. Prior to Startup. Refer 5%
to Technical Specifications.
Milestone 10 Substantial Completion 325 Days from Delivery of None
Membrane System
Completed Startup
Milestone 11 Assistance, Training, and 409 Days from Delivery of 10%
Successful Completion of Membrane System
90 DayPerformance
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Testing (including
A royal of Final Report)
Milestone 12 Final Completion 438 Days from Delivery of 5%
Membrane System
CONTRACT SUB TOTAL 6 595 000.
CONTRACT ADDITIONS
ITEM NOTES AMOUNT
Shipped Loose pH Meter for the Common OF (Included in Exhibit C - Review
Filtrate Comments, No. 21) $4,000.00
Chlorine analyzer $11 ,000.00
NEMA 4X for the PCP, the CIP skid panel and (Included in Exhibit C - Review
the neutralization skid panel Comments, No. 43) $9,500.00
Nylon Coated Ductile Iron Valve Discs N/C
Siemens Transmitter for Temperature and (Included in Exhibit C - Review
Pressure Comments, No. 11) $21 ,000.00
CIP skid Rosemount Analytical (Included in Exhibit C - Review
Instrument (change from Water Analytics Comments, No. 12) $6,000.00
Aquametric)
CIP pump VFDs (Included in Exhibit C - Review
Comments, No. 49) $38,000.00
Loop Diagrams for the MCP and Panels that (Included in Exhibit C -
Require Contractor Wiring Clarifications, No 7) $16,000.00
316SS Air Lines for seven (7) CPI Skids (Included in Exhibit C -
Clarifications, No 28) $86,334.00
CPVC Piping for CIP Skid (Included in Exhibit C -
Clarifications, No 30) $12 000.00
CPVC on the Neutralization Skid (Included in Exhibit C -
Clarifications, No 30) $11 ,000.00
CONTRACT ADDITIONS SUB-TOTAL $214,334.00
CONTRACT TOTAL $6580%834.00
Programming Hourly Rate (Included in Exhibit C -
Clarifications, No 33) $125.00 / Hr
Exhibit C
Clarifications, Comments & Modifications
Exhibit C
Clarifications
Sta ntec Review of DuPont's Proposed Technical Clarifications
Client: City of Meridian Rev. Date: 812312023
Project: Tertiary Filtration Project By: M. Priest
Document: Review of DuPont's Proposed Technical Clarificat Checked: N. Smith, M. Shroll
No. Page Label Reference Proposed Technical Clarification Issue/Topic Final Comments Status Update Status
1 124 Present Worth Refer to Section 7.6 Membrane Design Calculations for flux and Flux No action needed. 7/31/2023 Resolved
Evaluation feed flow calculations. The flux of the proposed system is below
Worksheets 25 GFD due to a calculated feed flow of 17.56 MGD.
2. Cost Variables
2 124 Present Worth Please note that the concentration of chemical in cell D36 is 0, leading Cleaning Costs Info received for acid MW; unclear on bisulfite 8/11/2023 Resolved
Evaluation to a$0 calculation for neutralization using Bisulfite. Please also note neutralization.
Worksheets that there is no place for the proposed acid MW values to be added.
4. EFM or TMC
3 124 Present Worth Please note that separate backwash pumps are not required for the Backwash No action needed. 7/31/2023 Addressed Elsewhere
Evaluation proposed MEMCOR®system. Water for the feed sweep step of the approach
Worksheets backwash for each unit is taken from the common header of the
7. Power Calculations system. The calculations as they stand in the Present worth evaluation
spreadsheet double count this energy from the feed pumps. In order to
correct for this Dupont has listed 0.001 ft of pressure in each of the
water pressure cells. Please see section 7.6 Membrane System
Design Calculations for further details.
4 124 Present Worth Blowers are not required for the proposed system, the aeration for Backwash No action needed. 7/31/2023 Addressed Elsewhere
Evaluation backwash is provided from the compressors. Dupont has used a approach
Worksheets conversion factor of 7 CFM/HP to calculate the 1,787 kWhr/day that
7. Power Calculations the compressors are estimated to use.
5 124 Section 01 79 50— The proposed system shall be warranted up to the specified flux limit of Warranted flux. The performance warranty needs to reflect the 7/31/2023 Addressed Elsewhere
1.3.1 25 GFD per the RFP and a transmembrane pressure (TMP) of 22 ability to operate at higher flux.The TMP limit
psi based on the maximum TMP for the L40N membrane. is reasonable based on discussion with Dupont.
6 124 Section 01 79 50— DuPont is taking exception to the irreversible flux loss Flux loss City and Dupont agree on revised Warranty 8/11/2023 Resolved
1.4.H.2 requirements as specified. The proposed system has been designed warranty Specification Section 0179 50.
to make the quantity and quality of water.
7 124 Section 40 91 00— Loop diagrams have not been included with this proposal. Loop Diagrams Dupont will provide Loop Drawings for 8/23/2023 Resolved
1.1.B.4.d
$16,000. Delivery will be loose and not on a
skid.
20230823 Clarifications
Exhibit C-TF Membrane Comments Final (1) 1 of 5
Sta ntec Review of DuPont's Proposed Technical Clarifications
Client: City of Meridian Rev. Date: 812312023
Project: Tertiary Filtration Project By: M. Priest
Document: Review of DuPont's Proposed Technical Clarifications Checked: N. Smith, M. Shroll
No. Page Label Reference Proposed Technical Clarification Issue/Topic Final Comments Status Update Status
Section 40 9107—
Part 2 The standard CPII MR4 system uses a vibrating fork level switch to
confirm the presence of liquid in the filtrate line of the OF skid. We are
currently searching for a replacement level switch on the approved list
that performs this function but are unsure if we can find a good fit.
Section 40 9108—2.2 The proposed pressure transmitters are Rosemount, an adder has See Review Comment Update No 11
been provided to switch these to Siemens
Section 40 9112 The proposed CIP skid analytical instrumentation is Water Analytics, See Review Comment Update No 12
2.3.B but an adder has been provided to include Rosemount instead
Section 40 95 10— The proposed PCP panel is NEMA 12, but an adder has been provided See Review Comment update No 43
2.2.C.6 to include NEMA 4
8 124 Section 40 95 10— The proposed system shall utilize Ethernet communication in lieu of Ethernet vs Refer to submittal review comments. City has 7/31/2023 Addressed Elsewhere
2.2.C.3 Modbus. Modbus accepted this proposal.
9 124 Section 43 12 51 — The proposed control air receiver shall be 200 gallons. The proposed Air Receiver The design is not sufficiently advanced to 7/31/2023 Resolved
2.6.A process air receiver shall be 3,000 gallons. Tanks address this item. Defer to design phase.
The proposed butterfly valves have ductile iron bodies and SS discs. A
Section 43 30 00— no cost adder has been provided to change the discs to nylon coated
2.9.A.3 ductile iron.
10 124 Section 46 61 54— The proposed system shall not require separate backwash pumps, Backwash No action needed. 7/31/2023 Addressed Elsewhere
1.4.G backwash tanks nor blowers. approach
11 124 Section 46 61 54— A 3D .STP file which can be integrated into several drafting CAD Models Defer models and format to design phase 7/31/2023 Resolved
1.8.E.2.f applications will be provided. coordination.
12 124 Section 46 61 54— An installed redundant pump shall be provided for both the CIP skid Shelf Spares Installed spare will be included. 7/31/2023 Resolved
1.9.D.1 and the Neutralization skid.
13 124 Section 46 61 54— An MIT system replacement has not been included with this proposal. Shelf Spares Installed spare will be included. 7/31/2023 Resolved
1.9.D.9
14 125 Section 46 61 54— Total Phosphorous and orthophosphate removal shall be dependent Filtrate Water No action needed. 7/31/2023 Resolved
2.1.D.6 upon the upstream chemical addition as described in 2.1.A.5 and Quality
shall not be a requirement for OF filtrate quality alone.
20230823 Clarifications
Exhibit C-TF Membrane Comments Final (1) 2 of 5
Sta ntec Review of DuPont's Proposed Technical Clarifications
Client: City of Meridian Rev. Date: 812312023
Project: Tertiary Filtration Project By: M. Priest
Document: Review of DuPont's Proposed Technical Clarificat Checked: N. Smith, M. Shroll
9W
No. Page Label Reference Proposed Technical Clarification Issue/Topic Final Comments Status Update Status
15 125 Section 46 61 54— A OF system cannot reduce TSS down to non-detect limits. The Filtrate Water Replace non-detect with less than 2 mg/L for 8/15/2023 Resolved
2.1.D.6 proposed system shall reduce turbidity to <0.2 NTU given proper Quality TSS
calibration and excluding backwash air.
16 125 Section 46 61 54— The proposed system shall produce the specified net filtered effluent of Skid This is the defined design basis. Alternately, 7/31/2023 Resolved
2.1.C.2 equal to or less than 17.3 MGD with up to two (2) membrane units Redundancy when repairs take longer, activities will be
temporarily offline at one time with the remaining online membrane queued by the PLC programming, as discussed.
units not exceeding the maximum instantaneous flux. Please note
that this does require repair time to be short enough to prevent 3
units from being offline simultaneously while following the normal
cleaning regime.
17 125 Section 46 61 54— The proposed system shall operate at a recovery of 90% or Recovery Resolved to operate as required in the RFP. 8/11/2023 Resolved
2.1.D greater per MEMCOR's experience with successful operating
wastewater plants. Backwash waste should be sent to the head of
the primary treatment system to further remove solids and increase
overall system efficiencv.
18 125 Section 46 61 54— The plant wide SCADA system shall not be included in the SCADA Scope No action needed. 7/31/2023 Resolved
2.1.D scope of this proposal.
19 125 Section 46 61 54— Hach TU5300 laser turbidimeters have been included with this offering Instruments The design is not sufficiently advanced to 7/31/2023 Resolved
2.1.D.5.f address this item. Defer to design phase.
20 125 Section 46 61 54— Continuous monitoring for SDI and P shall be by others Filtrate Water No action needed. 7/31/2023 Resolved
2.1.D.6 Quality
21 125 Section 46 61 54— 316SS panels around each sample tap (feed, filtrate, and backwash) Stainless Steel The design is not sufficiently advanced to 7/31/2023 Resolved
2.2.C.6 has not been included with this offer Panels address this item. Defer to design phase.
22 125 Section 46 61 54— The proposed system does not require two (2) CIP and neutralization CIP and No action needed. 7/31/2023 Resolved
2.2.E.2 systems Neutralization
- it shall include one (1) CIP system and one (1) neutralization system. Scope of Supply
A second system can be added in the future if additional OF trains are
added and another CIP or neutralization system is required.
23 125 Section 46 61 54— The proposed CIP system shall include only one (1) hot water CIP and After discussion this approach seems 7/31/2023 Resolved
2.2.E.5 tank per the P&IDs included with this proposal. Neutralization reasonable. If during design phase it becomes
Scope of Supply untenable, it can be re-addressed at that time.
20230823 Clarifications
Exhibit C-TF Membrane Comments Final (1) 3 of 5
Sta ntec Review of DuPont's Proposed Technical Clarifications
Client: City of Meridian Rev. Date: 812312023
Project: Tertiary Filtration Project By: M. Priest
Document: Review of DuPont's Proposed Technical Clarifications Checked: N. Smith, M. Shroll
No. Page Label Reference Proposed Technical Clarification Issue/Topic Final Comments Status Update Status
24 125 Section 46 61 54— Per the above clarification, the proposed system shall not require Backwash No action needed. 7/31/2023 Addressed Elsewhere
2.2.G separate backwash pumps nor backwash tanks. approach
25 125 Section 46 61 54— To present the most economical solution for the customer, the Spare Module This has been addressed as part of proposal 7/31/2023 Addressed Elsewhere
2.1.C.2 & 2.2.0 proposed system shall have room for 5.9% expansion per skid Space review comment coordination.
(136/144 modules). Should additional expansion capacity be desired
please see Meridian Present Worth Evaluation Worksheets for costs to
add an additional skid.
26 125 Section 46 61 54— The proposed OF units shall have a width of 9', a length of 23' 10.25" No action needed. 7/31/2023 Resolved
2.2.C.1 and a height of 11' 7.125"
27 125 Section 46 61 54— Per the above clarification compressors have been included with this Backwash No action needed. 7/31/2023 Addressed Elsewhere
2.2.H proposal for aeration. Blowers shall not be required. approach
28 125 Section 46 61 54— The air piping on the proposed skid shall be nylon and ABS in lieu of Piping Materials Refer to piping material modifications provided 8/23/2023 Resolved
2.2.K 316SS. by Addendum. $110k for nine (not 7 skids).This
can be factored for 7 skids. 100/9 =$12,223.
Call it$86,334.
29 125 Section 46 61 54— The proposed backwash piping on each OF skid shall be HDPE in lieu Piping Materials Refer to piping material modifications provided 7/31/2023 Resolved
2.21 of 316SS. by Addendum. For other changes,the design is
not sufficiently advanced to address this item.
Defer to design phase.
30 125 Section 46 61 54— The proposed CIP and neutralization skids shall have PVC piping Piping Materials Refer to piping material modifications provided 8/15/2023 Resolved
2.2.M in lieu of 316SS. by Addendum. Cost adder to upgrade CIP to
CPVC adder is$12,000. Neutralization skid is
$11,000.00
31 125 Section 46 61 54— Membrane unit filtrate pH has not been included with this proposal. Instruments This has been addressed as part of proposal 7/31/2023 Addressed Elsewhere
2.2.P Backwash flow and pressure shall be measured using the on skid Scope of Supply review comment coordination.
feed and pressure instruments. Total chlorine measurement is not
provided on the CIP skid.
32 125 Section 46 61 54— The proposed system shall include one PLC in the PCP and remote 1/0 Instruments No action needed. 7/31/2023 Resolved
2.3.13.4 on each of the OF skids, the CIP skid and the neutralization skid. Scope of Supply
20230823 Clarifications
Exhibit C-TF Membrane Comments Final (1) 4 of 5
Sta ntec Review of DuPont's Proposed Technical Clarifications
Client: City of Meridian Rev. Date: 812312023
Project: Tertiary Filtration Project By: M. Priest
Document: Review of DuPont's Proposed Technical Clarifications Checked: N. Smith, M. Shroll
No. Page Label Reference Proposed Technical Clarification Issue/Topic Final Comments Status Update Status
33 126 Section 46 61 54— Dupont has included 100 hours for programming and Programming Dupont labor rate to provide addition 7/31/2023 Resolved
2.3.13.4 configuration of the graphics, software and screens to match the Labor programming and configuration of graphics to
existing CITY standards.These standards were not available during the match existing City standards is 125 per hr.
bid, if more time is required it shall be included via change order.
34 126 Section 46 61 54— Dupont shall be present during equipment off-loading for the Scope of Field No action needed. 7/31/2023 Resolved
3.4.E.1.a required three days over one trip, but off-loading shall be by others Services
35 126 Section 46 61 54— In the absence of the table 3 referenced we have designed the Filtrate Water This has been addressed as part of proposal 7/31/2023 Addressed Elsewhere
3.6.B.4.c.6 proposed system to produce filtrate water < 0.2 NTU with properly Quality review comment coordination.
calibrated turbidimeters excluding air after backwash.
36 126 Section 46 61 54— The supplier shall not be responsible for operating and 90 Day Specific roles and responsibilities between the 8/15/2023 Resolved
3.6.C.2 maintaining the membrane system through the 90-day operational Operational supplier and contractor can be better defined
test. Period during design, and prior to contract bid. City
Responsibility agrees Dupont not responsible for operations
and not required to be on-site for entire 90
days. Section 46 6154, para 3.4.E.1.e. requires
supplier on site 12 business days over 4 trips.
37 126 Section 46 61 54— Monitoring of chemical and power usage shall be by the city. Performance City accepts not requiring monitoring for 8/15/2023 Resolved
3.6.C.3 Test Monitoring chemical or power but Dupont will support in
providing information as avaialble.
38 126 Section 46 61 54— Some operational parameters shall be measured by instruments not Startup Plan The design is not sufficiently advanced to 7/31/2023 Resolved
3.6.D.3.b included with this proposal, and some parameters shall be calculated. and Data address this item. Defer to design phase.
Collection
20230823 Clarifications
Exhibit C-TF Membrane Comments Final (1) 5 of 5
Exhibit C
Comments
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
General Comment 1 n/a Yes General Resolved There are many substitutions and deviations proposed,some 7/7/2023
are explicit and some are not.No deviations or substitutions
are approved upon proposal acceptance,unless specifically
agreed to in writing at time of procurement agreement.
Review and approval/rejection for all remaining items is
deferred to design coordination phase.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 2 93 Spec 46 6154 2.1 C 2 a indicates redundancy so 2 units may be offline and system can Process- Resolved The proposed design considers the requirements of section 7/7/2023
operate continuously to produce 17.3 MGD Mechanical 2.1.C.2
"Two membrane units may be offline simultaneously for a
combination of two of the following:Backpulse,CIP or
maintenance clean,MIT,or repair."
Seven(7)units are required to be operating to produce 17.3
MGD.To reduce downtime one of the"offline"units will
need to come online when one of the seven(7)unit has a
cleaning event(backwash,MW,CIP,AHT).To consider two
units fully offline without cycling offline units in would
require an additional unit.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 3 93 Confusing wording.If 2 units are available to turn on,aren't they offline? Process- Resolved As referenced above,the units are available to turn on unless 7/7/2023
Mechanical they are currently performing one of the following:
Backpulse,CIP or maintenance clean,MIT,or repair.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 4 93 Confusing wording.If 2 units are available to turn on,aren't they offline? Process- Resolved Same as above 7/7/2023
Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 5 93 Confusing wording.If 2 units are available to turn on,aren't they offline? Process- Resolved Same as above 7/7/2023
Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 6 93 Is—2.4 min/backwash(22 min/9 skids)adequate so only one if offline at a time?What Process- Resolved Each backwash shall have a duration of—120 seconds,and 7/7/2023
happens during maintenance? Mechanical with 7 duty skids there will be times where no unit is
backwashing.There will be times that a unit enters backwash
when the other offline unit is in maintenance wash,AHT or
CIP.Backwash is a resource and 2 units will not be able to
backwash at the same time.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 7 93 Does that mean one unit is always offline/backwashing?Does that mean skids backwash Process- Resolved Backwashes occur each 22minute time interval an will not 7/7/2023
before they need to? Mechanical backwash before required.There will be times when no units
are in backwash.
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 1 of 7
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
1-A-085163 Meridian ID CPII Proposal 230526.pdf 8 94 Based on 7 units in operation....does that mean the system can meet 17.3 MGD with 2 units Process- Resolved Seven(7)units are required to be operating to produce 17.3 7/7/2023
offline? Mechanical MGD.To reduce downtime one of the"offline"units will
need to come online when one of the seven(7)unit has a
cleaning event(backwash,MW,CIP,AHT).To consider two
units fully offline without cycling offline units in would
require an additional unit.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 9 100 Section 43 30 00 indicates same material as body.Substitution not approved;review and Process- Resolved Additional cost or deduct for changing the valve material will 8/4/2023
approval/rejection deferred to design coordination phase. Mechanical be deferred to the design coordination phase.Dupont's
supplier has verbally committed to offering nylon coated
ductile iron valve discs at no extra charge.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 10 101 not listed as acceptable type of level switch in specification 40 9107 Process- Resolved Given our prior experience,vibrating fork is the preferred 8/8/2023
Mechanical type for our proprietary membrane skids.However,a
conductive probe can be substituted if preferred.In this case,
Rosemount is preferred.Dupont engineering team is looking
into this,but since this is a flow present signal as opposed to
a liquid level signal they are struggling to find an adequate
replacement using the types in the specification.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 11 101 not listed as approved manufacturer.may fall under"owner approved equal";however,will Process- Resolved Please consider Rosemount pressure transmitters.Siemens 8/8/2023
need to discuss with City.pdf page 320 Mechanical transmitter adder(SF):$21k
1-A-085163 Meridian ID CPII Proposal 230526.pdf 12 102 Manufacturer: Rosemount per spec 40 9112 Section 2.3 B PDF page 336 Process- Resolved To change the Water Analytics Aquametric instruments on 8/8/2023
Mechanical the CIP skid to Rosemount.CIP skid Rosemount Analytical
instrument adder:$6k
1-A-085163 Meridian ID CPII Proposal 230526.pdf 13 104 dewpoint analyzer? intake filter-silencer?Spec 43 12 51 Section 2.7 A Process- Resolved Both the dewpoint analyzer and the intake filter silencer are 7/7/2023
Mechanical included in the current proposed compressed air package
(per spec)
1-A-085163 Meridian ID CPII Proposal 230526.pdf 14 107 One container each coating material used?1 year lubricant?Spec section 46 6154 1.9 D Process- Resolved The container of each coating material used and 1 year 7/7/2023
Mechanical supply of lubricants are currently included
1-A-085163 Meridian ID CPII Proposal 230526.pdf 15 124 Is this reflected in the cost? Process- Resolved Yes,the current proposal price does not include backwash 8/2/2023
Mechanical pumps,backwash tanks(filtrate is what is in the rack header,
not external supply.—600 gal.After that the feed provides
cross flow sweep of fibers)nor blowers.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 16 124 Blowers were required as part of proposal.Section 43 12 10 Process- Resolved City is willing to proceed with air-driven backwash 7/7/2023
Mechanical
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 2 of 7
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
1-A-085163 Meridian ID CPII Proposal 230526.pdf 17 125 This is a cost adder....is this acceptable to City? Process- Deferred To be resolved during negotiation/scope of supply 8/8/2023
Mechanical validation
1-A-085163 Meridian ID CPII Proposal 230526.pdf 18 125 Does this mean it's shipped loose? Process- Deferred A shipped loose pH meter for the common OF filtrate can be 8/8/2023
Mechanical provided.$4k adder.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 19 125 Spec 46 6154 2.2 E 2 requires capability of running 2 CIP simultaneously.One CIP tank will Process- Resolved Dupont recommends a single tank as it is only used as water 8/2/2023
not sufficiently meet. Mechanical preheating,not chemical batch mixing;no chemicals are
circulated through the tank.
2.2.E.2 reads"The CIP system shall be provided to allow two
cleans to be performed simultaneously,if required,one by
each CIP system.A future CIP system in envisioned for future
membrane skids." It is our interpretation that the 2nd CIP
tank can be added when the future CIP system/future
membrane skids are added.Two CIP systems can be provided
if required,but it is not necessary for the proposed system.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 20 125 see comment above..blowers required. Process- Resolved Noted 7/7/2023
Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 21 125 Membrane unit filtrate pH has not been included with this proposal Process- Under Review We can provide a shipped loose pH meter for the common 7/24/2023
Mechanical OF filtrate if desired.The adder for a shipped loose pH meter
for the common OF filtrate is$4k.The adder for the Chlorine
analyzer for the CIP waste line is$11k
See Clarification Tab line 31 for reference.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 22 126 Spec 46 6154 Section 2.1 D 6 Process- Resolved Noted 7/7/2023
Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 23 126 if more time is required it shall be included via change order. Process- Resolved Proposal acceptable 7/7/2023
Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 24 130 4 ft minimum spacing between units per spec 46 6154 section 2.2 C 2 Process- Resolved Spacing will be per collaborative design effort;4 ft minimum. 7/7/2023
Mechanical
Alternative layout shall be provided.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 25 130 units not to exceed 6 ft width per spec 46 6154 section 2.2 C 2 Process- Resolved Skids as proposed(MR4)are acceptable 7/7/2023
Mechanical
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 3 of 7
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
1-A-085163 Meridian ID CPII Proposal 230526.pdf 26 130 how do operators access interior modules? Process- Resolved City has chosen to move forward with the butterfly 8/23/2023
Mechanical arrangement which eliminates this issue.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 27 158 should be supplied by supplier. Spec 46 6154 Section 1.4 G.Only 1 tank?See comment Process- Resolved One tank to be supplied for exsiting conditions and expanded 7/7/2023
above. Mechanical in the future as proposed.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 39 130 Widths and Lengths of building detailed here consistent with current civil footprint. Civil Resolved The new layout shows the same existing building footprint 7/7/2023
with 4'spacing between skids
1-A-085163 Meridian ID CPII Proposal 230526.pdf 41 54 Submit a network architecture diagram showing protocoled devices. See 40_91_00 Section I&C Resolved To be resolved during design progression to allow for review 7/7/2023
1.3,G for specifications. and approval.
As noted this shall be created during submittals
1-A-085163 Meridian ID CPII Proposal 230526.pdf 42 106 The chemical metering pumps and chemical tanks will be installed in an adjacent building, I&C Resolved To be resolved during design progression to allow for review 7/7/2023
and the Membrane Supplier will need to provide a RIO panel in this building that and approval.
controls/monitors the chemical systems via fiber integration with main PLC. See drawings
000-1-604,605 for network concept. All field devices in the chemical system will be spec'd for MEMCOR can provide this panel,please provide digital input
analog and digital signal integration.The chemical RIO shall be NEMA 1 rated and output counts(Contractor Scope of Supply-FYI only)
1-A-085163 Meridian ID CPII Proposal 230526.pdf 43 106 All Membrane Supplier control panels installed in the filtration building shall be NEMA 4 rated I&C Rejected Provide panels per the specifications 7/24/2023
this adder is—$9.5k for the PCP,the CIP skid panel and the
neutralization skid panel
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 4 of 7
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
1-A-085163 Meridian ID CPII Proposal 230526.pdf 44 109 Integration of the Membrane system onto facility SCADA is by others. Membrane Supplier to I&C Resolved 7/7/2023
provide addresses and registers for exchange of information between Supplier PLC and
SCADA.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 45 1241 Acceptable per addendum I&C Resolved 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 46 153 Vendor equipment and instruments shall conform to owner's tagging standards. See Control I&C Resolved 7/7/2023
Narrative appendix to PER report.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 47 155 All of these and the network blocks need to be shown on the control network diagram. I&C Resolved To be resolved during design progression to allow for review 7/24/2023
and approval.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 48 156 All PIT's,TIT's,and hydrostatic LIT's that are furnished/provided by Vendor are to be loop- I&C Resolved Further I&C and electrical coordination required.To be 8/4/2023
powered.If PY and TY are signal isolators,they are not needed on loop-powered devices. resolved during design progression to allow for review and
approval.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 49 158 VFD I&C Resolved VFD required for this application. 8/15/2023
CIP skid pump VFDs:$65k(total pricing for both pumps).An
adder(including deduct for constant speed drive)of$38,000.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 50 159 PSL's are not externally powered. External power indicators on the P&ID in this proposal are I&C Resolved Further I&C and electrical coordination required.To be 8/4/2023
generally questionable. Accurize them,or the field Contractor may over bid the job. resolved during design progression to allow for review and
approval.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 51 160 Switches are not externally powered.Typ I&C Resolved Further I&C and electrical coordination required.To be 8/4/2023
resolved during design progression to allow for review and
approval.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 52 162 Membrane backwash is not being recycled but instead going to plant drain.The tank and I&C Resolved Noted 7/7/2023
recycle pumps shown'by others'should be removed from this proposal.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 61 150 The total system load is less than Stantec's design basis load.A preliminary load total is Electrical Resolved Noted 7/7/2023
280kVA.This system does not use backpulse pumps. It also does not use blowers.It uses a
compressor instead which also provides instrument air.Hence,the lower load and operating
cost.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 62 158 Inconclusive if motors comply with Div 26 motor spec. Electrical Resolved Supplier confirmed compliance to div 26. 8/8/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 631 161 This system uses a compressor in lieu of multiple blowers. Electrical Resolved Noted 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 68 21 This note appears to be in conflict with the executive summary which states the price is good General Addressed Reference Contracts tab line no.7 where a CIP of 3%is 8/11/2023
for 18 months. Elsewhere discussed.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 69 89 Yes Confusing statement;Dupont should be asked to clarify. General Resolved As referenced above,the units are available to turn on unless 7/7/2023
they are currently performing one of the following:
Backpulse,CIP or maintenance clean,MIT,or repair.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 70 90 Design flow is based on maximum month scenario.Design recoveries should be based on that Process- Resolved Confirmed from bottom up check. 8/8/2023
scenario,not average daily flow. Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 71 92 This method is silent on LRV assessment.Confirm that membrane guidance manual approach Process- Resolved Yes,we convert the AHT(or PDT)value to an LRV as per 7/7/2023
to LRV calculation is performed. Mechanical (using equations defined in)the Membrane Filtration
Guidance Manual(MFGM).
1-A-085163 Meridian ID CPII Proposal 230526.pdf 72 94 These modules have been referred to as both 721 and 731 sf in this proposal in multiple Process- Resolved The proposed module surface area is 731 sf 7/7/2023
locations.Please clarify. Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 73 121 Yes Schedule limitations not compliant with the warranty spec. General Resolved See revised warranty spec language for final schedule 8/11/2023
implications.
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 5 of 7
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
1-A-085163 Meridian ID CPII Proposal 230526.pdf 74 123 Yes DuPont has provided comments and suggested modifications to the sample agreement. General Addressed To be resolved during negotiation 8/8/2023
Stantec recommends City review in advance of selection to assess which are acceptable or Elsewhere
can be resolved with negotiation,and which are not and must be rejected.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 75 124 Yes Flux and TMP limits to a conservative design basis are not feasible.Facility may be rerated General Resolved The City is willing to defer the higher flux testing until after 8/8/2023
after testing. the Process Performance warranty period;this means that
higher flux testing to the specified value following that period
Water quality is a necessary part of the design,and Dupont certification that their membrane does not invalidate the module warranty as specified.The
formulation will work without irreversible loss is needed. maximum TMP of L40N of 22 psi will be held to match the
module design constraints.
These are not compliant with specified requirements.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 76 124 Yes DuPont has submitted a list of deviations.Stantec recommends City review in advance of General Addressed Refer to City Clarification Feedback dated 7/31 7/7/2023
selection to assess which are acceptable or can be resolved with negotiation,and which are Elsewhere
not and must be rejected. None have identified cost or schedule impacts so these will need
to be addressed during further review.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 77 125 Does not meet specification for 10%spare space on skids. Process- Deferred Provisionally accepted,pending final decisions on number of 7/7/2023
Mechanical skids purchased.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 97 2 Incorrect project number. General Resolved City Project Number is PW-2313-1128.1 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 98 5 This says Appendix D on dedicated project team.Also,the resumes are shown after all of the General Resolved Please refer to the Appendix C-Resume's for additional 7/7/2023
drawings.Not sure if that is a mistake or not details on the project team.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 991 53 add size of service center,staff tenure and capabilities General Resolved Noted.Update:Please review attached. 7/24/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 100 55 in TOC,it says the resumes are in Appendix C. General Resolved Correct,appendix C include the resumes 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 101 100 Where can we find specs on DuPont standards?Please include clarification on this General Resolved Please review attached.Update:Please review attached. 7/24/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 102 107 Missing price of spare parts General Resolved The price for the spare parts is included in the total proposal 7/7/2023
price
1-A-085163 Meridian ID CPII Proposal 230526.pdf 113 27 Based on Spec 46 6154 2.1.1),maximum instantaneous flux=25 gfd.Does not match Process- Resolved Please use a feed flow of 17.3 mgd(plus 26,000 gpd other 7/7/2023
calculated flux at proposed 7 skids,731 sf per module.Stantec to verify. Mechanical filtrate needs)when confirming via calculations.More data
can be supplied upon request.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 114 37 Based on Spec 46 6154 2.1.1),maximum instantaneous flux=25 gfd.Does not match Process- Resolved Please see above. 7/7/2023
calculated flux at proposed 7 skids,731 sf per module.Stantec to verify. Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 115 89 Yes Daily operating recovery of 95%shall be met during worst raw water quality conditions. Process- Resolved The recovery of the proposed system is>90% 8/8/2023
Reference:PAGE 46 61 54-20.Stantec investigating difference. Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 116 103 Number of the CIP Tanks is 2 in Membrane Procurement Technical Specification Reference: Process- Resolved To be resolved during negotiation/scope of supply 7/7/2023
Page 551,Table 2-13:Clean in-place design criteria Mechanical validation
Please see above
1-A-085163 Meridian ID CPII Proposal 230526.pdf 117 108 Missing the number of trips on site required,in addition to number of days. Reference:PAGE General Resolved Please see below 7/7/2023
46 61 54-36
1-A-085163 Meridian ID CPII Proposal 230526.pdf 118 108 1 trip General Resolved Included as specified 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 119 108 3 trips General Resolved Included as specified 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 120 108 3 trips General Resolved Included as specified 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 1211 108 1 trip General Resolved Included as specified 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 1221 108 4 trips General Resolved Included as specified 7/7/2023
1-A-085163 Meridian ID CPII Proposal 230526.pdf 1231 108 2 trips General Resolved Included as specified 7/7/2023
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 6 of 7
® Stantec
City of Meridian Rev.Date:
Tertiary Filtration Project By:
Membrane Proposal Review-Dupont Checked:
Comments
File No. Page Label Critical Comment Discipline Status Final Comments Status Update
1-A-085163 Meridian ID CPII Proposal 230526.pdf 124 118 Yes Missing this criterion for performance condition:Total Membrane System Recovery: General Resolved The recovery of the proposed system is>90% 8/8/2023
Minimum of ninety-five percent(95.0%)based on the total plant volume produced relative to
the total plant feed volume over the course of any one(1)day. REFERENCE: MEMBRANE
PROCUREMENT TECHNICAL SPECIFICATION PAGE 46 6154-39 and 46 61 54-40.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 125 119 MISSING INCLUDING ALL THE PARAMETERS AS DEFINEND FOR RAW WATER QUALITY. Process- Resolved The proposed system has been designed to treat the water 7/7/2023
REFERENCE:MEMBRANE PROCUREMENT TECHNICAL SPECIFICATION 46 61 54-18. Mechanical quality described in the specification
1-A-085163 Meridian ID CPII Proposal 230526.pdf 126 119 Yes Operation up to a flux 45 gfd and maximum TMP pressure of 35 psi for pressure membrane Process- Addressed Refer to Item 75;Resolved on approach on Clarifications log. 8/8/2023
systems shall not invalidate the System Performance Warranty. Reference: Membrane Mechanical Elsewhere
Procurement Technical Specifications-PAGE 0179 50-3 PART I. The system is warranted as proposed.The published
maximum transmembrane pressure of L40N is 22psi.If
alterative design fluxes are going to be considered for re-
rating the facility a pilot or online study would be
recommended.
Resolved with revised warranty discussions.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 127 125 The combination of chemical addition and the membrane system must reduce the total Process- Addressed The specification acknowledges pretreatment needs;this is a 8/8/2023
phosphorous to the target level. The main objective of The Tertiary Membrane Filtration Mechanical Elsewhere shared responsibility.Refer to discussion of Proposed
Project is to provide adequate capacity to meet 2040 flow conditions and bring average Dupont Clarification NO.14.
WRRF total phosphorus.The Suppler shall guarantee if the membrane system is capable of
reducing total phosphorous to the target level under reasonable coagulant dosing scenarios. Ultrafiltration modules remove particulate phosphate but
not soluble.With proper prep retreatment the total
phosphorous can be reduced and DuPont can support
Stantec and the City in selecting suitable coagulants for PVDF
membranes.Since the upstream biological process and
coagulant dosing are outside DuPont's control the total
phosphorous in the filtrate cannot be guaranteed.
1-A-085163 Meridian ID CPII Proposal 230526.pdf 128 131 It should be neutralization tank. Process- Resolved Correct,this has been changed on the updated layout 7/7/2023
Mechanical
1-A-085163 Meridian ID CPII Proposal 230526.pdf 129 160 The membrane supplier requires to provide the NEUT Tank Size and Capacity.It was provided Process- Resolved The proposed system requires a neutralization tank with a 7/7/2023
in general layout but not in the P&ID sheet Mechanical 15,000 gallon working volume
20230823 Review Comment Update
Exhibit C-TF Membrane Comments Final(2) 7 of 7
Exhibit C
Modifications
® Sta ntec Review of DuPont's Proposed Contract Modifications,Technical Feedback
Client: City of Meridian 8/23/2023
Project: Tertiary Filtration Project Stantec
Document: Review of DuPont's Proposed Contract Modifications,Technical Feedback City
No. Reference Proposed Modification Issue/Topic Final Comments Status Date
1A SAMPLE AGREEMENT DuPont foresees the project payment milestone schedule will be Milestone The City and Dupont agreed to assign Resolved 8/15/2023
2.2 established in the final agreement,this schedule will be subject to Schedule milestones as part of the agreement.
mutual agreement between the Buyer and Seller.Given the project's
scope,it is expected that multiple deliveries will be necessary,and thus
invoices for partial deliveries are expected to be duly accepted.
1B Partial Require justification in advance for early Resolved 8/15/2023
Deliveries and deliveries,with clear storage,custody and risk
Payments allocation.Address in advance any warranty
implications for early delivery.The proposed
warranty language could conceivable allow for
warranty to expire prior to end of construction.
If partial deliveries are allowed,make them
clearly identified with appropriate progress
payment terms in advance.
Introduce provision in the agreement for
development and definition during project
design.Partial payments for incremental
deliveries acceptable to City,included in
milestone schedule as feasible now.
20230823 Contracts
Exhibit C-TF Membrane Comments Final(3) 1 of 5
® Sta ntec Review of DuPont's Proposed Contract Modifications,Technical Feedback
Client: City of Meridian 8/23/2023
Project: Tertiary Filtration Project Stantec
Document: Review of DuPont's Proposed Contract Modifications,Technical Feedback City
No. Reference Proposed Modification Issue/Topic Final Comments Status Date
2 SAMPLE AGREEMENT In the event of a termination for convenience(TFC),including Payment for The method for assessing the expenses Resolved 8/15/2023
SECTION 5 circumstances where it is deemed in the best interest of the City and incurred incurred,as well as disposition of all material
without any fault on the part of the Seller,the Seller shall be entitled expenses assets covered by those expenses should be
to receive payment for all work performed, regardless of whether defined in advance.Note that some materials
it has been delivered or remains undelivered,up until the date of could have value to Dupont(materials that can
termination. be used for other projects)but may not have
value for the City(City would not want to
acquire).Goods restocking fee(for already
delivered materials,or materials in factory).
TFC will be maintained by the City,in the event
of termination,City would need justification for
payment. City would receive materials paid for
within a reasonable limit. TFC very unlikely.
3 SAMPLE AGREEMENT In Article 7,the City requests that the Supplier indemnify it against Indemnity Revised laguage agreed to in email Resolved 8/23/2023
Article 7 specific claims that are"not caused by or arising out of the tortious correspoindence dated 8.22.23 from Kurt
conduct of the City or its employees."This language should be Starman.
amended to cover claims"caused by or arising out of the Supplier's
negligence or
willful misconduct."
20230823 Contracts
Exhibit C-TF Membrane Comments Final(3) 2 of 5
® Sta ntec Review of DuPont's Proposed Contract Modifications,Technical Feedback
Client: City of Meridian 8/23/2023
Project: Tertiary Filtration Project Stantec
Document: Review of DuPont's Proposed Contract Modifications,Technical Feedback City
No. Reference Proposed Modification Issue/Topic Final Comments Status Date
4 SAMPLE AGREEMENT "Buyer and Seller agree that time is of the essence of this Contract and Liquidated City(Keith and David)and Dupont legal to Resolved 8/15/2023
Article 12 that Buyer will suffer damages if Seller's equipment is not delivered damages and directly discuss.City and Dupont agreed to
to Buyer within the times specified herein.Further,Buyer and Seller limit of liability 100%in Warranty negotiations(0179 50 6)and
recognize the delays,expense and difficulties involved in proving the agreement discussions with email dated 9.26.23
actual damages suffered by Buyer if Seller's equipment is not delivered from Dupont. 8/15/23 Update:Resolved
on time. Accordingly,and in lieu of requiring proof of such damages,
Seller agrees to pay,as liquidated damages for delay(but not as a
penalty)$250 per day that expires after the times specified herein,
subjectto the following limitation. THE PAYMENT OF LIQUIDATED
DAMAGES BY SELLER IS BUYER'S SOLE AND EXCLUSIVE REMEDY
FOR DELAYS. NOTWITHSTANDING ANYTHING TO THE CONTRARY
INCLUDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY
EXPRESSLY PROVIDED HEREIN,SELLER'S LIABILITY FOR DELAY SHALL
NOT EXCEED A 10%OF THE PRICE PAID TO SELLER UNDER THE
CONTRACT.")
20230823 Contracts
Exhibit C-TF Membrane Comments Final(3) 3 of 5
® Sta ntec Review of DuPont's Proposed Contract Modifications,Technical Feedback
Client: City of Meridian 8/23/2023
Project: Tertiary Filtration Project Stantec
Document: Review of DuPont's Proposed Contract Modifications,Technical Feedback City
No. Reference Proposed Modification Issue/Topic Final Comments Status Date
5 SAMPLE AGREEMENT Ownership of Materials and Licenses. All devices, designs Ownership of City will disclose as required by law Resolved 8/15/2023
ADD Article 27 (including drawings, plans and specifications), estimates, prices, Materials and (federal/state). Use language as noted.
notes, electronic data, software and other documents or Licenses
information prepared or disclosed by Seller, and all related
intellectual property rights, shall remain Seller's property.Seller
grants Buyer a non-exclusive,non-transferable license to use any such
material solely for Buyer's use of the Work.Buyer shall not disclose any
such material to third parties without Seller's prior written consent.
Buyer grants Seller a non-exclusive,non-
transferable license to use Buyer's name and logo for marketing
purposes,including but not limited to,press releases,marketing and
promotional materials,and web site content.
6 SAMPLE AGREEMENT LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO Limitation of Limit Of Liability cap at 1.4x the contract value. Resolved 8/23/2023
ADD Article 28 THE CONTRARY,SELLER SHALL NOT BE LIABLE FOR ANY Liability Dupont confirmed agreement.
CONSEQUENTIAL, INCIDENTAL, SPECIAL,PUNITIVE OR OTHER
INDIRECT DAMAGES,AND SELLER'S TOTAL LIABILITY ARISING AT ANY
TIME FROM THE SALE OR USE OF THE WORK,INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY
BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE
CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
WORK.THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED
ON CONTRACT,TORT,STRICT LIABILITY OR ANY OTHER THEORY.
20230823 Contracts
Exhibit C-TF Membrane Comments Final(3) 4 of 5
® Sta ntec Review of DuPont's Proposed Contract Modifications,Technical Feedback
Client: City of Meridian 8/23/2023
Project: Tertiary Filtration Project Stantec
Document: Review of DuPont's Proposed Contract Modifications,Technical Feedback City
No. Reference Proposed Modification Issue/Topic Final Comments Status Date
7 Meridian Present The proposal is based on the current market conditions and material Price Indexing Refer to discussion on the proposal review Resolved 8/23/2023
Worth Evaluation cost and is valid for ninety comments No 68.DuPont has also extended the
Worksheets (90)days 150 days from the date of issue.The price listed herein shall price validity of their proposal by an additional
remain valid with a Notice to Proceed(NTP)to Fabricate by August 60 days(revised date of October 22,2023). NTP
30th,2024,as long as the CPI increases by no more than 2%between for entire project will be submitted along with
the Bid Date and the Notice to Proceed(NTP)to Fabricate.Should the NTP for fabrication of parts of the project will be
CPI increase more than 2%during this period,then the contract shall provided to help reduce total amount of
be equitably adjusted for the increase above 2%from the Bid Date potential escalation. CPI increase of more than
based on the CPI index"CPI-U,US City Average,all Items(non- 3%would then be applied to remaining items
seasonally adjusted)"as compiled by the U.S.Department of Labor. not included in the notice to proceed
fabrication. City asking for reduction in price if
more than 3%drop in CPI. Update:Total NTP
with line item approval for payments.Dupont
agrees to downward correction also.
8 Section 0179 50 Please refer to Section 10—Membrane System Warranty for DuPont's Warranty Resolved in revised warranty specification. Reopened 8/23/2023
warranty offering herein.
20230823 Contracts
Exhibit C-TF Membrane Comments Final(3) 5 of 5
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
SECTION 01 79 50— MEMBRANE SYSTEM WARRANTY
PART 1 -- GENERAL
1.1 GENERAL
A. All membrane system equipment, software and performance bond documents shall be
furnished to the CITY, in a form acceptable to the CITY, simultaneously with the
execution of the Purchase Order Agreements with CITY.
B. The SUPPLIER shall provide manufacturer's warranty certificates for the membrane
modules and individual equipment as specified in individual equipment specification
sections, in a form acceptable to the CITY, for the membrane system and individual
equipment.
C. These warranties are not the exclusive remedy for the CITY in the event of any breach
of this Agreement.
1.2 MEMBRANE SYSTEM EQUIPMENT AND SOFTWARE WARRANTY
A. For a period of 2 years, commencing from the date of Final Completion of the general
construction contract, the SUPPLIER guarantees the following:
1. Membrane System Equipment Warranty. That all work, materials, equipment
and products provided by the SUPPLIER, exclusive of the membrane modules, will
be free from defects in materials and workmanship. The Seller warrants the Work,
or any components thereof, through the earlier of (i) thirty (30) months from delivery
of the Work or(ii)twenty-four(24) months from Final Completion the Work or ninety
(90) days from the performance of services (the "Warranty Period").
2. PLC Software Warranty. That SUPPLIER will make necessary changes and
implement upgrades to the PLC software relating to providing solutions to all
membrane system programming defects or deficiencies encountered during testing
and operation of the membrane system.
B. Subject to the following sentence, Seller warrants to CITY that the (i) Work shall
materially conform to the description in Seller's Documentation and shall be free from
defects in material and workmanship and (ii) the Services shall be performed in a timely
and workmanlike manner. Determination of suitability of treated water for any use by
CITY shall be the sole and exclusive responsibility of CITY.
C. The foregoing warranty shall not apply to any Work that is specified or otherwise
demanded by CITY and is not manufactured or selected by Seller, as to which (i) Seller
hereby assigns to CITY, to the extent assignable, any warranties made to Seller and (ii)
Seller shall have no other liability to CITY under warranty, tort or any other legal theory.
D. If CITY gives Seller prompt written notice of breach of this warranty within the Warranty
Period, Seller shall, at its sole option and as CITY's sole and exclusive remedy, repair
or replace the subject parts, re-perform the Service or refund the purchase price.
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 1
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
E. SUPPLIER shall provide a Performance Bond to CITY to secure SUPPLIER's
performance of its obligations herein.
F. The SUPPLIER shall make, or have made at the expense of the SUPPLIER, repairs,
adjustments, replacements, or other corrective work necessary to restore or bring into
full compliance with the requirements of the specifications any part of the work,
materials, or equipment, which during the 2 year warranty period is found to be deficient
with respect to any provision of the Specification.
G. Unless otherwise agreed to in writing by Seller, (i) CITY shall be responsible for any
labor required to gain access to the Work so that Seller can assess the available
remedies.
H. If Seller and City determine that any claimed breach is not, in fact, covered by this
warranty, CITY shall pay Seller its then customary charges for any repair or replacement
made by Seller. Seller shall evaluate claimed breach and inform the City before
performing warranty work, if the breach is not covered by the warranty.
I. Seller's warranty is conditioned on CITY's (a) operating and maintaining the Work in
accordance with Seller's instructions, (b) not making any unauthorized repairs or
alterations, and (c) not being in default of any payment obligation to Seller. Seller's
warranty does not cover (i) damage caused by chemical action or abrasive material,
misuse or improper installation (unless installed by Seller) and (ii) media goods (such
as, but not limited to, resin, membranes, or granular activated carbon media) once
media goods are installed.
J. If a defect or deficiency is of a kind which in the reasonable opinion of the CITY requires
immediate correction to avoid injury to the CITY, the CITY may make or have made
such repairs, adjustments, replacements, or other corrective work, and the SUPPLIER
agrees to promptly pay the CITY invoice for the corrective work. Such payment shall be
made within 30 days of the date shown on the CITY's invoice to the SUPPLIER.
If a defect or deficiency is of a kind which in the reasonable opinion of the CITY does not require
immediate correction, and the SUPPLIER has failed to mobilize to the Site or has failed to
commence undertaking corrective work within 7 calendar days of notification from the CITY,
then the CITY may make or have made such repairs, adjustments, replacements, or other
corrective work and the SUPPLIER agrees to promptly pay the CITY's invoice. Such payment
shall be made within 30 days of the date shown on the CITY's invoice to the SUPPLIER.
K. If, in the performance testing or operation of the equipment after installation, the CITY
finds latent defects or finds that equipment and/or software programming fails to meet
any requirements of the Specifications, the CITY shall have the right to make reasonable
use of such equipment until it can be shut down for correction of defects without injury
to the CITY; provided that the period of such operation pending the correction of defects
shall not exceed 6 months without the written consent of the SUPPLIER.
L. Prior to the expiration of the Membrane System Equipment and Software Warranty
period, the SUPPLIER shall provide a electronic copy of documentation of the updated
system software to the CITY.
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 2
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
1.3 SYSTEM PERFORMANCE WARRANTY
A. For a period of 2 years, commencing from the date of Final Completion of the general
construction contract, the SUPPLIER shall warrant that the membrane equipment and
ancillary systems when operated within conditions specified in the Technical
Specifications and PER will meet the Performance Criteria as specified in Section 46 61
54— Pressurized Membrane System and as listed below.
B. Equipment Performance Criteria
Subject to provisions below, DuPont (the "Supplier") warrants to the City of Meridian
(the "CITY") that Supplier's Equipment will meet the following performance criteria
during the ITP the "Initial Performance Test" :
2 PARAMETER
i, �X1101111
Production Capacity Total' 17.3 MGD
Minimum Temperature 14.83 DegC
CIP Frequency4 30 days
Acid Maintenance Wash Frequency4 48 hours
Chlorine Maintenance Wash 72 hours
Frequency4
Filtrate Turbidity <_ 0.1 95% and <_ 0.3 maximum NTU
Notes:
(1) The net production rate of finished water over a 24-hour period of continuous operation,
equal to the rate of raw water entering the Membrane Filtration System multiplied by the overall
system recovery when operated at or below the average flux rate.
(2) When operating at the maximum design capacity.
(3) When a properly maintained and calibrated analyzer receives the appropriate sample flow
and excluding potential regrowth.
(4) A clean in place will be performed before the beginning of the performance test.
(5) Maintenance wash frequency includes acid and chlorine maintenance cleans to be
performed at a minimum of every seven (7) days.
B. Feed water characteristics shall be per Section 46 61 54 2.1.A.4 Design Influent Quality.
Prior to and during the 2 year Performance Test, the CITY shall be responsible for the
following: (i) operation of the Equipment in accordance with Supplier's O&M manual and
Supplier's instructions, (ii) resolution, to Supplier's satisfaction, of any issues identified
by Supplier as described in the following paragraph, (iii) demonstration that the feed water
quality has continuously met the Feed Water Characteristics by means of a sampling and
water analysis program mutually agreed to by CITY and Supplier, (vi) payment of all costs
associated with the Test including without limitation, laboratory testing services, and (v)
site preparedness including without limitation, availability of water, calibration of
instruments, permits and resolution of Supplier's issue list. The CITY's substantial and
meaningful failure to meet any of these responsibilities shall nullify the Performance
Warranty.
If during the Test the Equipment fails to meet the Equipment Performance Criteria
provided above the CITY shall provide Supplier access to its plant and all relevant
operating data so that Supplier may evaluate the performance of the Equipment. In
addition, Supplier shall have the right to inspect the Equipment and recommend
operational changes for implementation by CITY. Recommendations provided by Seller
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 3
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
will not change the parameters of this warranty.
For the same period, the SUPPLIER shall warrant that the operational values that were
provided by the SUPPLIER for use in Proposal Evaluation and Life Cycle Cost
determination shall be met; this establishes the basis for the Performance Bond
described herein.
C. The 2-year warranty period shall be extended by 12 months if:
1. SUPPLIER fails to satisfactorily complete the 2-year Performance Warranty test
2. System requires operational changes or cleaning beyond the operation and
maintenance as stated in Proposal Present Worth Evaluation Worksheets.
D. A Performance Bond shall be provided by SUPPLIER to CITY to secure SUPPLIER's
performance of its obligations herein. Said Bond shall remain in effect through the
performance of the contract and the 2-year System Performance Warranty period, and
any extension thereof per above. The SUPPLIER warrants satisfactory performance of
the membrane modules and ability of the membrane system to achieve operational and
treatment requirements at the membrane flux as specified. Additional requirements
are as summarized above and proposed in the Proposal Present Worth Evaluation
Worksheets.
E. CITY shall make available to SUPPLIER electronic records of historical performance for
SUPPLIER review.
Within 7 calendar days of notification by CITY of unsatisfactory performance of the
membrane system, the SUPPLIER will take the necessary actions, to maintain the
performance of the membrane system in accordance with the membrane performance
requirements set out herein.
F. If during the Test the Equipment fails to meet the Equipment Performance Criteria
provided above the CITY shall provide Supplier access to its plant and all relevant
operating data so that Supplier may evaluate the performance of the Equipment. In
addition, Supplier shall have the right to inspect the Equipment and recommend
operational changes for implementation by CITY. Upon implementation of any Supplier-
recommended operational changes, Supplier shall have the right to commence a
second Test. If during the second Test, the Equipment fails to comply with the
Equipment Performance Criteria listed above while the feed water continues to comply
with the Feed Water Characteristics, Supplier shall be in breach of the Performance
Warranty. Alarms raised by the control system shall be addressed by the CITY and shall
not cause an interruption of the Test.
The SUPPLIER is responsible for increases in power or chemical consumption over the
Present Worth period when compared to Guaranteed Operation and Maintenance
Present Worth Cost as calculated in the Present Worth Evaluation Worksheets. If during
the Performance Testing the Equipment fails to meet the power or chemical
consumption requirements stated in the bid form, DuPont will pay Liquidated Damages
("LDs") as sole and exclusive remedy for failure to meet these requirements. The LDs
will be paid in the form of a lump sum payment for complete satisfaction of failure to
meet these requirements. LDs will be calculated based on the Present Worth Evaluation
Worksheets submitted with the proposal.
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 4
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
G. If Seller is in breach of the Performance Warranty as provided above, the Seller shall,
as its sole obligation and as CITY's sole and exclusive remedy, subject to the limitations
below, in its sole discretion:
1. Review and optimize system operation as appropriate
2. Repair modules
3. Perform additional cleaning
4. Replace modules with new modules
5. Add modules into expansion slots
6. Replace modules with new modules of different version, acceptable to the CITY
and ENGINEER, which offer technological advantages.
7. Provide additional equipment or make modifications to the plant to enable Seller's
equipment to meet the Equipment Performance Criteria within existing building
without additional capital cost to the City.
8. CITY agrees to provide space for the additional equipment within the existing
building and further acknowledges that additional operating expenses related to the
additional equipment will be for CITY's account.
H. Completion of Obligations
The Seller shall have met or been deemed to have met its Performance Warranty
obligations and shall have no further obligations or liability to CITY upon:
(i) the Seller's Test report confirming successful completion of the Test,
(ii) the Equipment being exposed to feed water that is outside of the feed water
characteristics, the feed water contains substances that are harmful to membrane
systems including without limitation solvents, oil, polymers other than polymers
expressly approved by Seller, or the feed water contains sand, grit and/or debris,
(iii) the CITY is in default of its payment obligation to Seller,
(iv) the CITY makes any repairs or alterations to the Equipment without Seller's prior
written consent
(v) the CITY fails to commence or complete the Test within the timeframes specified
above for reasons other than those reasonably attributable to Seller, or
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 5
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Limitations
THE REMEDIES PROVIDED TO CITY ABOVE ARE THE CITY'S SOLE AND EXCLUSIVE
REMEDIES FOR ANY FAILURE BY SELLER TO SATISFY THIS PERFORMANCE WARRANTY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY INCLUDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY EXPRESSLY PROVIDED HEREIN, SELLER SHALL
IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES.
SELLER'S LIABILITY UNDER THIS PERFORMANCE WARRANTY SHALL NOT EXCEED 100%
OF THE PRICE PAID TO SELLER UNDER THE EQUIPMENT CONTRACT.
SELLER'S TOTAL CUMULATIVE LIABILITY UNDER THIS PERFORMANCE WARRANTY AND
THE EQUIPMENT CONTRACT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR
MECHANICAL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY
OBLIGATION UNDER THE EQUIPMENT CONTRACT, SHALL NOT EXCEED THE LIABILITY
LIMITATION SET FORTH IN THE EQUIPMENT CONTRACT.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER THE LIABILITIES OR
DAMAGES ARISE, OR ARE ALLEGED TO ARISE, UNDER CONTRACT, TORT, STRICT
LIABILITY OR ANY OTHER THEORY.
2.1 This Section Intentionally Left Blank
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 6
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
2.2 EXTENDED MEMBRANE MODULE WARRANTY
B. For a period of seven (7) years, commencing from the date of wet startup of the
equipment or Six (6) months after the delivery of the final low pressure membrane
skid/rack to the CITY. If the membranes are stored per the SUPPLIER'S
recommendations warranty commencement can be extended up to twenty-four (24)
months from delivery. Supplier shall have access to the membranes after delivery prior
to wet startup for periodic inspection. The SUPPLIER guarantees that the membrane
modules will be free from defects in materials and workmanship. Defects shall be
defined as herein.
C. SUPPLIER shall provide a warranty certificate, to secure SUPPLIER's performance of
its obligations herein. Certificate shall be submitted for CITY review and approval
simultaneously with the initial 60% design submittal for the membrane system (Section
4661 54).
D. During the first 2 years of the warranty period, repair and replacement shall be the sole
responsibility of the SUPPLIER. A replacement will be supplied by Seller at no charge
including labor, materials, tools, packaging, shipping, shipping coordination.
E. If a low-pressure membrane module shall require replacement under the repair and
replacement conditions described in section 3 below during the next sixty (60) months
of the Module Warranty Period, a replacement will be supplied by Seller and invoiced
based upon a pro-rata value of a total of eighty-four (84) months. The pro-rata value
shall be determined using a replacement price of US $1,750.00 per module adjusted by
the increase in the North American Consumer Price Index (CPI) All Urban Consumers
(US City Average) from the date of bid and reducing this price by 1/84th for each month
remaining in the 84-month period.
F. CITY shall be responsible for pulling, transferring, and returning modules to and from
the preservation solution and the cell/skid.
G. Replacement modules supplied by the Seller to CITY under warranty shall assume the balance of
the low-pressure membrane module warranty that remained on the defective low pressure
membrane module that was replaced under warranty.
H. CITY will return to Seller a photograph of the end of each low-pressure membrane module with
the serial number for a replacement module.
I. Membrane modules that serve as replacement modules under the terms of the
Extended Membrane Module Warranty shall be free from defects in materials and
workmanship as described herein.
J. The CITY shall provide the SUPPLIER with notification of any defect at least 7 calendar
days in advance of its intent to remove the membrane module(s) from service to
preservation. SUPPLIER shall have the option during such advance notice period to
send in a technician to witness the membrane module(s) in operation prior to removal.
The SUPPLIER shall commence repair or replace of defective membrane module(s)
within 14 calendar days of notification during the first 2-years of the term. During the last
5-years of the warranty term, SUPPLIER shall ship and deliver to the site of the WORK
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 7
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
replacement membrane modules and supplies for module repairs for installation by the
CITY. The 7-day advance notice shall be waived by the SUPPLIER if immediate
membrane module removal and replacement is required to meet capacity requirements.
K. Repair and Replacement Conditions: In the event an individual low pressure membrane
module exhibits defects in material or workmanship, as defined in the Paragraph below,
the Seller shall, at its sole option and as the CITY's sole remedy, conduct either of the
following: Repair the low-pressure membrane module at no cost to CITY; or Provide
replacement low pressure membrane modules per the warranty replacement schedule
listed above.
L. Defects in materials and workmanship are as defined herein:
1. Integrity Failure Defects: Membrane integrity testing shall be established to meet
the Design and Performance Criteria for each membrane module and for each
membrane cell/skid. Membrane modules shall be considered to have integrity
failure defects under the following conditions:
a. If a module fails the membrane integrity test and cannot be repaired.
b. If for a single membrane module more than 0.50 percent (one-half of one
percent) of the fibers have required repair (i.e., by pinning or gluing) over the
Extended Membrane Module Warranty period, then that module shall be
considered to be defective. An individual fiber shall be defined as requiring
repair if it has been determined that it is causing the system to fail the
membrane integrity test as specified (Section 46 61 54.D.5).
M. Operation up to a flux of 45 gfd and module maximum design pressure of 22 psi for
pressure membrane systems, shall not invalidate the Extended Membrane Module
Warranty.
N. Membrane module warranty commencement for project delays: Membrane modules
warranty shall be as described within this specification, except in the case that the project
is delayed to an extent that membrane modules cannot be stored without loss of
performance capability. The full seven-year warranty will commence if:
1. The project is delayed beyond twenty four (24) months from delivery. Supplier shall
have access to the membranes after delivery prior to wet startup for periodic
inspection.
2. Any modules that have been delivered fail to meet manufacturer guidance for long
term storage.
3. Low Pressure Membrane Module Warranty Exclusions: The CITY recognizes that
damage resulting from any of the following shall be excluded from coverage under
the low-pressure membrane module warranty:
a. Alteration or faulty installation of membrane system equipment, components or low-pressure
membrane modules by any person other than an employee or representative of Seller without
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 8
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
the Seller's prior written consent.
b. CITY causing or permitting any low-pressure membrane modules to dry or to have a moisture
content below that specified in the operating instructions.
c. Chemical or physical conditions such as (but not limited to) pH, temperature or climatic factors
outside recommended operating parameters in the appropriate section of the Operating and
Maintenance Manual even where Seller is aware of the existence of these conditions.
d. Supply of influent water exhibiting parameters inconsistent with the parameters determined or
specified at the time of bid and/or pilot testing. Deviance from any specified influent parameters
may diminish or, in certain cases, void this warranty.
e. Exposure of the low-pressure membrane modules to oil, organic solvents and other substances
not normally present in wastewater. In particular, wastewater from oil filters and/or
compressors shall not be permitted to come in contact with the low-pressure membrane
modules at any time.
f. Permanent or temporary exposure of the low-pressure membrane modules to sand, grit or
other particulate that may result in fiber damage or abrasion.
g. Improper maintenance of the equipment (including failure to perform general pinning
maintenance) as defined in Seller supplied Operating and Maintenance Manual.
h. Use of water treatment chemicals or cleaning procedures other than chemicals, cleaning
solutions and procedures approved by the Seller.
i. Use of cationic polymer in the CITY's water treatment process without the prior written consent
of Seller.
2. Warranty Conditions: This warranty is conditioned upon CITY:
a. Not being in default of any payment obligations to Seller; and
b. Maintaining hand-written or electronic operational logs and providing such logs to Seller in the
event of a warranty claim.
3. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES AND SELLER'S TOTAL LIABILITY
UNDER THIS CONTRACT, WHEN ADDED TO ALL LIABILITY OF SELLER TO THE CITY AND
ANY END USER OF THE SYSTEM, IF DIFFERENT FROM THE CITY, UNDER THIS CONTRACT
SYSTEM SALE CONTRACT, SHALL NOT EXCEED THE LIMITATION ON LIABILITY SET
FORTH IN THE SYSTEM SALE CONTRACT. THE FOREGOING LIMITATIONS APPLY
REGARDLESS OF WHETHER THE LIABILITIES OR DAMAGES ARISE OR ARE ALLEGED TO
ARISE UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
THE WARRANTIES SET FORTH IN THIS CONTRACT ARE THE SELLER'S SOLE AND
EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY
PROVISION ABOVE. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PURPOSE.
2.3 GUARANTEED MEMBRANE MODULE PURCHASE PRICE (MMPP)
B. The Baseline Membrane Module Purchase Price (BMMPP) shall be the value, in U.S.
Dollars, for one membrane module listed in the SUPPLIER's Proposal. Price shall
include all costs associated with the membrane modules, including materials, tools,
packaging, shipping, and shipping coordination with delivery to the site of the WORK,
and all costs associated with the return of any defective modules replaced under the
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 9
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Extended Membrane Module Warranty to the SUPPLIER.
C. The actual MMPP at the time of purchase shall be the least of the following three
options:
1. The current market price of the membrane module at the time of purchase.
2. The BMMPP subject to a 2% annual increase from the date of Final Completion of
the general construction contract.
3. The BMMPP subject to an increase using the Consumer Price Index ("CPI"). The
CPI shall be the CPI for Western Urban Consumers. The baseline for calculation
of upward adjustments to the CPI shall be the CPI index published as of the date
of Final Completion of the general construction contract. The CPI adjustment will
be the latest CPI index published as of the date when a module purchase order is
made by the CITY, compared with the CPI value as of the date of Final Completion
of the general construction contract.
D. The SUPPLIER shall guarantee the acceptance of the above Membrane Module
Purchase Price (MMPP) determination as the maximum purchase price per module for
twenty (20) years following the date of Final Completion of the general construction
contract for installation of the membrane system.
E. The SUPPLIER agrees to accept this pricing per module for purchases by CITY not
associated with a warranty, defect, repair and replacement or performance claim, and
for replacement under the Extended Membrane Module Warranty.
2.4 SUBMITTALS
B. Shop Drawings
1. Membrane Warranty
a. Provide a listing of chemical constituents, concentrations and exposure time
that would result in voiding the membrane warranty.
b. For each of the above chemical constituents, identify the instrumentation
required and alarm limits necessary to satisfy the warranty provisions of this
Section.
2. OF Membrane Modules:
a. Include element construction details
• Materials of Construction
• Dimensions
• Provide standard commercial part numbers and materials for
elastomeric seals. Note that Buna-N seals are not acceptable.
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 10
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
b. Standard performance parameters
• Operating Temperature
• pH and oxidant tolerance (continuous and intermittent)
• range of membrane flux
• clean water normalized specific flux (permeability or resistivity)
• minimum bubble point or maximum pressure decay test
parameters.
c. Storage and handling requirements.
d. Provide standard operating and maintenance data, including storage solutions
(concentration and volume) used during shipment and recommended rinsing
solution and volume and long and short-term storage protocols.
C. Factory Test Reports
1. Submit prior to delivery of the membrane modules the following:
a. The membrane module supplier shall identify each membrane module by a
unique serial number and indicate the membrane Lot.
b. Certification of wet testing for each membrane module conducted at the
membrane module supplier's facilities. The membrane module supplier shall
certify that each membrane module has passed the quality assurance/quality
control tests for membrane element integrity. Acceptable quality assurance
and quality control tests include bubble point or pressure hold tests above the
minimum value recommended by the membrane module supplier.
D. Certificates of Warranty
1. The listing of chemical constituents, concentrations and exposure time that would
void the membrane warranty.
- END OF SECTION -
MARCH 2O23 MEMBRANE SYSTEM WARRANTY
MEMBRANE FILTRATION SYSTEM - MERIDIAN WRRF PAGE 01 79 50 - 11
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-9lC4-B3CD887B1684 EXHIBIT E
MEMCOR O Available for Distribution
a DuPont brand
Sourcebook Document Document Number: SD000023
Document Owner: Kersten,Christopher
Version: 1
MACHINE AND MODULE TRANSPORT AND STORAGE
Contents
1 Introduction..........................................................................................................................................1
2 Transport from Australia.......................................................................................................................2
2.1 Shipping Recommendations .........................................................................................................2
3 Storage of Spare Modules as Inventory................................................................................................3
4 Storage during Assembly Process.........................................................................................................3
5 Transport to Job Site.............................................................................................................................4
6 Storage at Job Site.................................................................................................................................4
7 Storage after Installation ......................................................................................................................4
8 Freezing Conditions...............................................................................................................................5
1 Introduction
When Modules are not in operation, suitable storage conditions must be provided to prevent membrane
degradation. Storage and transport precautions must be observed at every step of the life of the Modules
from shipment to delivery to the job site and beyond when units are put in storage for extended periods of
time. Storage requirements differ for PP and PVDF and for submerged or pressure type products.
Storage and transport requirements for MBR Modules are described elsewhere.
Definitions:
• Module' -The Memcor assembly of Hollow Fibre Membranes sealed with "pots" at each end.
• Spare Module—a wet Module sealed in a plastic bag & packaged in either individual or 4 Module
cardboard cartons.
• Array—An assembled housing for a MEMCOR°CP or XP (pressurized) unit.
• Cell — An open tank that contains the Submerged Membrane Filtration Module Rack(s)
• Empty Array—an Array with no Modules installed.
• ShockWatch° Indicator—An impact indicator that provides a visible indication of mishandling.
The advice in this document applies to PVDF Modules made from Jan 2014 onwards.For PVDF Modules prior to this refer to Sourcebook archive doc#SD-228
DuPont Memcor Australia Pty Ltd-Membrane Sourcebook
Machine and Module Transport and Storage
Publish Date:30-1an-15 Page 1 of 5
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Sourcebook Document Available for Distribution
2 Transport from Australia
Modules can be shipped as Spare Modules or already installed in an Array in the case of pressurized
systems. In transit, the following recommendations must be followed for PP and PVDF Modules and
Arrays.
2.1 Shipping Recommendations
• Modules and Arrays containing Modules must be shipped at ambient temperatures >0°C and
<40°C (32-104°F), kept dry to avoid deterioration of packaging, and protected from direct
sunlight.
• When shipping to cold climates where there is a risk of freezing:
o Modules must be transferred to a temperature controlled truck or shipping container at
the port of entry for road transport.
o Arrays will be shipped as Empty Arrays. These should be kept covered to prevent water
ponding or debris collecting on surfaces. The Modules will be shipped separately and
transferred to a temperature controlled storage location via temperature controlled trucks
as indicated above.
• Spare Modules are protected by a carton and are sealed in a black HDPE bag with a small
amount of water to maintain a humid environment. If opened for inspection, the bag must be
resealed or the Module must be placed in a new, sealed bag with a small amount of water
(approximately 100 mL)to maintain a humid environment.
• Spare Modules and Arrays must be kept sealed. Spare Modules must remain in original
packaging and crating until installation.
• Arrays shipped with pre-installed Modules are shipped with a small amount of drinking water
added (dechlorinated drinking water for PP Modules)to maintain a humid environment.
• Arrays or crates containing Modules must not be subjected to significant mechanical shocks. A
ShockWatch° Indicator(Fig. 1) is attached to each Array and each crate containing Modules
when more than 56 Modules are part of the same shipment. If the ShockWatch° Indicator is
found activated, accept delivery but notify shipping agent and supplier.
• Temperature dataloggers (Fig. 2) are included in some shipments for temperature monitoring.
Follow the directions on the instruction sheet accompanying any datalogger.
c
1 �
HANDLE WITH CARE
RE=1"I
DLING. \
Ir RLADING.
Figure 1 -Example of ShockWatch®Indicator Figure 2—Example of Temperature datalogger
http://www.shockwatch.com.au/shipping and handling monitors/impact indicators/ http://www.logtagrecorders.com/products/trix-8.htmI
DuPont Memcor Australia Pty Ltd-Membrane Sourcebook
Machine and Module Transport and Storage
Publish Date:30-Jan-15 Page 2 of 5
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Sourcebook Document Available for Distribution
3 Storage of Spare Modules as Inventory
Maintenance of stock in locations outside of Australia may be required in order to meet timely delivery,
satisfy local market requirements or comply with regulatory or customer-driven requirements. Storage of
Modules as inventory must comply with the following:
• Store all Spare Modules in accordance with all instructions printed on the shipping carton:
o Store flat
o Store indoors and away from direct sunlight
o Do not expose to temperatures :500C or>40°C. Storage between 50C and 250C is
preferred.
o Keep dry (dampness leads to deterioration of the carton)
o Do not"end stack"
o Identify bags leaking and re-bag Modules when identified
• Rotate stock—Spare Modules typically carry a one year warranty commencing upon delivery.
4 Storage during Assembly Process
This section covers storage needs for Modules used during the unit assembly process. Typically, this
section applies to pressure Modules (M10, L10 and L20) installed in Arrays that are being assembled with
other equipment to form a pre-assembled unit.
• Arrays are to be kept sealed at all times except when the necessary connections to external
pipework are made. Blanking spades are provided to assist with this. If Modules are installed and
arrays are not going to be worked on within 7 days the Array should be completely filled with
clean (fresh) drinking water(dechlorinated for PP Modules). Store Array on level ground and
drain before moving or commencing work.
• During Assembly, Arrays must be stored under the following conditions:
o Store away from direct sunlight
o Do not expose to temperatures :500C or>40°C
• Any external pipework must be thoroughly cleaned before removing blanking spades to prevent
debris from entering the Array.
• After connection of the pipework and instruments, the Arrays must be filled with a small quantity
of water to maintain a humid environment. If a unit is pressure-tested after assembly, a small
amount (approximately 10L)of drinking water must be maintained in the Arrays after the test to
maintain a humid environment.
• When Modules must be removed from an Array or cell, observe the following recommendations:
o Modules should be kept moist at all times.
o For temporary storage, small quantities of Modules should be immersed in a tank filled
with drinking water(dechlorinated for PP)for less than 48 hours. Take steps to prevent
microbial contamination or damage caused by swarf by covering the tank.
o For larger quantities of Modules and/or Modules that need to be stored for more than
48 hours, Modules should be re-bagged and stored as spares (Section 3 above).
DuPont Memcor Australia Pty Ltd-Membrane Sourcebook
Machine and Module Transport and Storage
Publish Date:30-Jan-15 Page 3 of 5
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Sourcebook Document Available for Distribution
5 Transport to Job Site
Apply the same criteria as per Section 2 and ship within the temperature range >0°C and <40oC (32-
104°F). In climates where there is a risk of freezing or extreme heat, it will be necessary to ship Modules
in a temperature controlled environment.
Where it is not feasible to ship in a temperature controlled environment, it may be necessary to schedule
shipments to avoid these periods of temperature extremes.
6 Storage at Job Site
This section described the storage of Arrays and Spare Modules at the customer's site prior to
installation.
• Spare Modules should be stored in accordance with the instructions printed on the carton. Refer
to Section 3.
• Arrays must be stored at ambient temperatures >0°C and <40°C (32-104°F), kept dry and
protected from direct sunlight. Arrays should be covered or stored indoors to prevent water or
debris collecting in the top isolation valve area.
• If Modules are installed and Arrays are not going to be worked on within 48 hours of delivery the
Array should be completely filled as below:
o If storage time will exceed 7 days, use appropriate storage solutions as per section 7.
o If storage will be for less than 7 days then it is acceptable to use clean (fresh)drinking
water(dechlorinated for PP)
7 Storage after Installation
This section describes the procedures for storage of systems for shutdowns greater than 7 days for
surface water systems, and shutdowns greater than 3 days for waste water, coagulant dosed &seawater
systems.
• If Modules have been in operation, perform a standard CIP in accordance with site operating
instructions, otherwise proceed to next step.
• Open all filtrate isolation valves
• Fill system with storage solution.
o For PVDF membranes this is a maximum 5 ppm sodium hypochlorite solution in clean
(fresh)drinking water or RO permeate.
o For PP membranes this is 0.5% MemClean EXA2 (or 0.25% sodium hydroxide)with a pH
of approximately 12.8 and conductivity of 12.9 mS.cm-'.
• Measure and record free chlorine concentration and pH of storage solution.
• Once a week inspect for leaks and add more water if necessary
• Monthly for surface water systems and weekly for wastewater, coagulant dosed & seawater
systems
o Recirculate the solution and measure and record the free chlorine concentration, pH &
conductivity of storage solution.
o For PVDF membranes, if residual free chlorine is<_ 0.5 ppm top up with sodium
hypochlorite solution to a maximum of 5 ppm.
DuPont Memcor Australia Pty Ltd-Membrane Sourcebook
Machine and Module Transport and Storage
Publish Date:30-Jan-15 Page 4 of 5
DocuSign Envelope ID: DFF7B3DB-83BB-40A2-91C4-B3CD887B1684
Sourcebook Document Available for Distribution
0 For PP membranes, if pH <12 add more sodium hydroxide to increase the pH to 12.8
• Monthly for wastewater and coagulant dosed systems drain and refill the unit with fresh drinking
water or RO permeate
• Maintain plant room temperatures to avoid freezing conditions or recirculate via the CIP system to
ensure water in the Array cannot freeze.
• When Modules must be removed from an Array or cell, observe the following recommendations:
o Modules should be kept moist at all times.
o For temporary storage, small quantities of Modules should be immersed in a tank filled
with drinking water(dechlorinated for PP)for less than 48 hours. Take steps to prevent
microbial contamination or damage caused by swarf by covering the tank.
o For larger quantities of Modules and/or Modules that need to be stored for more than 48
hours, Modules will be re-bagged and stored like spares (Refer Section 3.1).
8 Freezing Conditions
It is recommended that freezing conditions be avoided. Frozen Modules are extremely brittle and any
mechanical shock may cause substantial damage. Freezing may void warranty on Modules and Array
components. Ship and store Modules in a temperature controlled environment if necessary.
If freezing of an Array or cell is unavoidable observe the following precautions prior to freezing occurring:
• If Modules have been in operation, perform a standard CIP in accordance with site operating
instructions, otherwise proceed to the next step.
• Complete a backwash and drain down the system
• Completely drain the unit and all pipework
• Protect the Modules from drying out
o For pressurised systems seal or isolate the Array to prevent the entry of contaminants
o For submerged systems remove Modules from the cell and place into sealed plastic
bags.
• Avoid all mechanical shock
• Allow Modules to thaw before moving, handling, or filling with water.
DuPont Memcor Australia Pty Ltd-Membrane Sourcebook
Machine and Module Transport and Storage
Publish Date:30-Jan-15 Page 5 of 5
w IDIAN�
AGENDA ITEM
ITEM TOPIC: Approval of Sole Source for Annual Non-Micro Water Testing and UCMR
Sampling by Eurofins Eaton Analytical, LLC
C� f1E RIDIA4,
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Darren Brasseur Meeting Date: 11/8/2023
Presenter: N/A Estimated Time: N/A
Topic: Approval of Sole Source for Eurofins Eaton Analytical, LLC
Recommended Council Action:
Approval of Sole Source for the purchased services of Annual Non-Micro Water Testing and UCMR
Sampling from Eurofins Eaton Analytical, LLC. It has been determined that competitive solicitation
is impractical, disadvantageous or unreasonable under the circumstances.
Background:
Eurofins Eaton Analytical, LLC has historically been the sole vendor to submit a bid for these
Testing and Sampling services.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: City of Meridian Financial Report - September 2023
City of Meridian
Monthly Financial Report
FY2023
September 2023
Table of Contents
Report Name Page Number
Investment Graphs 2
Fund Balance 3
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F:\Reporting\Monthly Reports\FY2023\FY23 - 12 Sept Council Report 1 of 3
Monthly Financial Report ��E IDIAN�
FY2023
September 2023
City of Meridian Investment Portfolio Yield by Investment Type
IDAHO STATE
4W
POOL 5.31%
IDAHO BOND 3
FUND 28%
CASH 0.00%
F I B 5.33%
•FIB MoneyMarket$2,753,419 -Cash$13,898,394 MONEYMARKET
•Idaho Bond Fund$74,125,260 •Idaho State Pool$142,609,639
City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance
by Major Fund by Major Fund
$4,000,000
$125,000,000
$3,500,D00 —
$3,000,000 _ $120,000,000
$2,500,000 — $115,000,000
$2,000,000 — $110,000,000
$1,500,000
S105,000,000
$1,000,000
$100,000,000
$500,0010 ■
$95,000,000
General Enterprise $90,000,000
General Fund Enterprise Fund
■Total Budget ■Actual YTD ■FY23 ■FY22
F:\Reporting\Monthly Reports\FY2023\FY23-12 Sept Council Report 2 of 3
Monthly Financial Report
FY2023 E IDIAN*--
September 2023
IDAHO
GENERAL FUND BALANCE ALLOCATIONS
$120,000,000
$100.000.000 -
$80,000,000
W,000,000
W,000,000
$20,000,000 ................. .................
9/30/2015 9/30/2015 9/30/TA17 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 -
■N—pendahle ■Restricted ■c.-..ted ■Assigned ■Ass%.ed Reserves ■Unassigned
ENTERPRISE FUND BALANCE ALLOCATIONS
$120,000,000
S100A00,000
$e0,000,000
$e0,000,000
wX 00,000
$20,000,000
$- a-m-ff "1-11 1
9/30/2015 9/30/2016 9/30/2017 9/30/2U18 9/30/2019 9/30/2020 9/30/2021 9/30/2022
■As signed ■Unassigned ■Assinged Reserves
F:\Reporting\Monthly Reports\FY2023\FY23-12 Sept Council Report 3 of 3
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Rocky Mountain High School Girls Golf Team State Champions Day
Proclamation
�I
C� t E N
DIAN*�
I AHO
7rhe Office of the Mayor
PROCLAMATION
Whereas, being a Rocky Mountain High School Girls Golf team player is more than teeing off,
having strong iron shots, chipping up and down for par, and striving for a hole in one. It
is training to build leadership, character, confidence, and resilience— all traits needed to
succeed on the green, in the classroom and in the real world; and,
Whereas, the hard work and dedication of the Rocky Mountain Girls Golf team and coaches has
resulted in the fourth straight state title for the school; and,
Whereas, The Grizzlies took the 5A girls golf state championship after a dominating performance
at the District III tournament; and,
Whereas, the Girls Golf team put in the time and effort throughout the season and were able to see
their perseverance pay off in the Championship game proving team members were in it to
win it; and,
Whereas, the leadership, training and discipline of their coach Jonathan Gibbs helped team
members Jane Barry, Anna DaBell, Maggie Urian, Natalie Nichenko, and Ellianna
Hoopes to focus their talents, passion, and determination to become a winning team, with
each player making valuable contributions to their victory.
Therefore, I Mayor Robert E. Simison, hereby proclaim November 81h, 2023 as
Rocky Mountain HiW" h School
Girls G06F7eam State Champions Day
in the City of Meridian and call upon the community to join me in congratulating the Rocky Mountain
High School Girls Golf team on their remarkable athletic achievement and for representing Meridian so
proudly in the state tournament.
Dated this this 81" day ofNoveinber, 2023
obert . Si ison, Mayor
E, Brad o un, City Council President
Joe Borton, City Council Vice-President
r Luke Cavener, City Council
Jessica Perrault, City Council
Liz Strader, City Council
John Overton, City Council
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E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Meridian Veteran & Spouse Small Business Week Proclamation
W IDIA 1�
e !AH0
1rhe Office of the Nayor
PROC1 ANATION
Whereas, nearly one out of ten small businesses across the United States is veteran owned and are a
pillar of our economy and contribute to the foundation of our nation - from Main Street
store fronts to virtual high-tech startups; and,
Whereas, veteran and spouse small business owners are resilient, disciplined, and mission-oriented,
thanks to their military service and committed to serving our country and communities;
and,
Whereas, when we resolve ourselves to strengthen our communities, we must empower and support
the giants that veteran and spouse entrepreneurs are in our economy; and,
Whereas, Idaho Veteran and Spouse Small Business Week highlights the programs and services
available to veteran and spouse entrepreneurs through so many resource partners at the
State and Federal Level; and,
Whereas, the State of Idaho and the City of Meridian support and join in this national effort to help
America's veterans and spouse owned small businesses start, grow, and recover their
businesses after a disaster and help our communities thrive.
Therefore, I Mayor Robert E. Simison, hereby proclaim November 6-1 lth, 2023 as
Ileterans and Spouse
SmaCCBusiness 'Week
in the City of Meridian and call upon the citizens to join me in recognizing and celebrating the Veteran
owned businesses in our community.
Dated this this 71h day of November, 2023
o ert E. imis n, Mayor
y Brad Hoag ,City Council President
Joe Borton, City Council Vice-President
Luke Cavener, City Council
Jessica Perrault, City Council
Liz Strader, City Council
John Overton, City Council
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Aee ;ntr +r� t
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E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Public Hearing for Parks and Recreation Department Lakeview Golf Course
Proposed Fee Increases
PUBLIC HEARING SIGN IN SHEET
DATE: November 2, 2023 ITEM # ON AGENDA: 12
PROJECT NAME:
Parks and Rec Lakeview Golf Course Proposed Fee Increase
Your Full Name Your Full Address Representing I wish to testify
(Please Print) HOA? (mark X if yes)
If yes, please
provide HOA name
1
2
3
4
5
6
7
8
9
10
11
12
13
14
CITY OF MERIDIAN
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of
the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 4:30
p.m., on Wednesday, November 8, 2023, at Meridian City Hall, 33 East Broadway Avenue,
Meridian, Idaho, regarding proposed fee increases as set forth below. Further information is
available at the Parks and Recreation Department, at Meridian City Hall, 33 East Broadway
Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing.
Written testimony is welcome; written materials should be submitted to the City Clerk. All
testimony and materials presented shall become property of the City of Meridian. For auditory,
visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at
least 48 hours prior to the public hearing. Proposed fee increases:
Description Current Proposed
Lakeview Golf Course-Green Fees
Weekday- 18 holes $35.00 $39.00
Weekday-9 holes $25.00 $29.00
Weekday Senior- 18 holes $25.00 $32.00
Weekday Senior-9 holes $22.00 $30.00
Weekday Junior- 18 holes $15.00 $18.00
Weekday Junior-9 holes $10.00 $15.00
Weekend- 18 holes $40.00 $44.00
Weekend-9 holes $30.00 $33.00
Weekend Junior- 18 holes $16.50 $22.00
Weekend Junior-9 holes $11.50 $14.00
Twilight $30.00 $35.00
Cart- 18 holes $18.00 $19.00
Cart-9 holes $12.00 $13.00
Personal Cart Trail Fee-No Change $14.00 $14.00
Range Token- Small Bucket $7.00 $8.00
Range Token-Large Bucket $13.00 $14.00
Lakeview Golf Course-Golf Pass Fees
Non-Resident Single-Unlimited $1,925.00 $2,002.00
Non-Resident Single-Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $1,375.00 $1,430.00
Non-Resident Couple-Unlimited $2,970.00 $3,089.00
Non-Resident Couple-Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $2,255.00 $2,345.00
Non-Resident Senior/Military-Unlimited $1,815.00 $1,888.00
Non-Senior/Military-Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $1,265.00 $1,316.00
Non-Resident Senior Couple-Unlimited $2,860.00 $2,974.00
Non-Resident Senior Couple-Restricted (anytime on
weekdays; afternoons only on weekends and holidays) $2,145.00 $2,231.00
Non-Resident '/z price $582.00 $605.00
Non-Resident Junior—add on $330.00 $343.00
Resident Single—Unlimited $1,749.00 $1,819.00
Resident Single—Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $1,249.00 $1,299.00
Resident Couple—Unlimited $2,699.00 $2,807.00
Resident Couple—Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $2,049.00 $2,131.00
Resident Senior/Military—Unlimited $1,649.00 $1,715.00
Resident Senior/Military—Restricted(anytime on
weekdays; afternoons only on weekends and holidays) $1,149.00 $1,195.00
Resident Senior Couple—Unlimited $2,599.00 $2,703.00
Resident Senior Couple—Restricted(anytime on
weekdays; afternoons only on weekends and holidays) $1,949.00 $2,027.00
Resident '/z price $529.00 $550.00
Resident Junior $299.00 $311.00
Private Cart Trail Pass $290.00 $302.00
DATED this 22nd day of October, 2023.
Chris Johnson, CITY CLERK
PUBLISH on October 22, 2023 and October 29, 2023.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Resolution 23-2423: A Resolution adopting new fees of the Meridian Parks
and Recreation department; authorizing the Meridian Parks and Recreation department to
collect such fees; and providing an effective date.
CITY OF MERIDIAN RESOLUTION NO. 23-2423
BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN,
OVERTON, PERREAULT, STRADER
A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND
RECREATOIN DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND
RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, following publication of notice in the Idaho Press on October 22, 2023 and
October 29, 2023, according to the requirements of Idaho Code section 63-1311A, on November
8, 2023, the City Council of the City of Meridian held a hearing on the adoption of proposed new
fees of the Meridian Parks and Recreation Department, as set forth herein; and
WHEREAS, following such hearing, the City Council,by formal motion, did approve
said proposed new fees of the Meridian Parks and Recreation Department;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
Section 1. That the following fees are hereby adopted:
Fee Description Fee Amount
Lakeview Golf Course—Green Fees
Weekday— 18 holes $39.00
Weekday—9 holes $29.00
Weekday Senior— 18 holes $32.00
Weekday Senior—9 holes $30.00
Weekday Junior— 18 holes $18.00
Weekday Junior—9 holes $15.00
Weekend— 18 holes $44.00
Weekend—9 holes $33.00
Weekend Junior— 18 holes $22.00
Weekend Junior—9 holes $14.00
Twilight $35.00
Cart— 18 holes $19.00
Cart—9 holes $13.00
Personal Cart Trail Fee—No Change $14.00
Range Token— Small Bucket $8.00
Range Token—Large Bucket $14.00
Lakeview Golf Course—Golf Pass Fees
Non-Resident Single—Unlimited $2,002.00
Non-Resident Single—Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $1,430.00
Non-Resident Couple—Unlimited $3,089.00
RESOLUTION ADOPTING GOLF COURSE FEES PAGE I
Non-Resident Couple—Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $2,345.00
Non-Resident Senior/Military—Unlimited $1,888.00
Non-Senior/Military—Restricted (anytime on weekdays;
afternoons only on weekends and holidays) $1,316.00
Non-Resident Senior Couple—Unlimited $2,974.00
Non-Resident Senior Couple—Restricted(anytime on
weekdays; afternoons only on weekends and holidays) $2,231.00
Non-Resident '/2 price $605.00
Non-Resident Junior—add on $343.00
Resident Single—Unlimited $1,819.00
Resident Single—Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $1,299.00
Resident Couple—Unlimited $2,807.00
Resident Couple—Restricted(anytime on weekdays;
afternoons only on weekends and holidays) $2,131.00
Resident Senior/Military—Unlimited $1,715.00
Resident Senior/Military—Restricted (anytime on
weekdays; afternoons only on weekends and holidays) $1,195.00
Resident Senior Couple—Unlimited $2,703.00
Resident Senior Couple—Restricted(anytime on
weekdays; afternoons only on weekends and holidays) $2,027.00
Resident 1/2 price $550.00
Resident Junior $311.00
Private Cart Trail Pass $302.00
Section 2. That the Meridian Parks and Recreation Department is hereby authorized to
implement and carry out the collection of said fees.
Section 3. That this resolution shall be effective on November 9, 2023.
Section 4. That, as of November 9, 2023, the fees set forth herein will supersede all
previous fees previously adopted for such services.
ADOPTED by the City Council of the City of Meridian, Idaho, this 8th day of
November, 2023.
APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of November,
2023.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
RESOLUTION ADOPTING GOLF COURSE FEES PAGE 2
w IDIAN�
AGENDA ITEM
ITEM TOPIC: Discovery Park Phase 2 Tennis/Pickleball Court Lighting Update
Mayor Robert E. Simison
E IDIAN*4-�-
City Council Members:
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
D A H 0 Luke Cavener Liz Strader
MEMORANDUM
TO: Mayor Simison and City Council
FROM: Mike Barton,Parks Superintendent
DATE: November 8,2023
RE: Discovery Park Phase 2 Tennis/Pickleball Court Lighting Discussion
Background
In late 2021, Council approved an AIA A 13 3Agreement for the construction of Discovery Park Phase 2. The
AIA Agreement has a guaranteed maximum price(GMP) of$12,591,602.The GMP included sum total of the
bids,construction management, general conditions, and a contingency of 4.5%for unforeseen conditions. To
date,the contingency amount of$564,755 remains largely unspent.
Over the years,we've had citizen requests to install lighting on the new courts in Discovery Park Phase 2, so we
included electrical conduits in the construction but not the breakers,wiring or light poles. These conduits run
from an electrical source to the tennis and pickleball courts for future wiring and court light poles/fixtures.
Because we have the conduit in place and are below the guaranteed maximum price,we requested pricing from
our exiting low bid electrical contractor to install a breaker panel,wiring, and court lights for the tennis and
pickleball courts. The pricing came back at$165,000,which we consider to be very favorable.
Action
We are requesting spending authority to use $165,000 of our Discovery Park Phase 2 contingency for the
installation of tennis and pickleball court lighting. A budget amendment or contract amendment is not required,
as we are below the guaranteed maximum price of$12,591,602.
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