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Home My WebLink About1998 11-04MERIDIAN CITY COUNCIL UlTe391ZI Ts1 WEDNESDAY, NOVEMBER 4, 1998 — 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE X GLENN BENTLEY X KEITH BIRD MAYOR ROBERT CORRIE CONSENT AGENDA A. MINUTES FROM PREVIOUS MEETING HELD OCTOBER 20,1998: (APPROVE) B. MINUTES FROM SPECIAL MEETING HELD OCTOBER 22,1998: (APPROVE) C. MINUTES FROM SPECIAL MEETING HELD OCTOBER 27,1998: (APPROVE) D. RENEWAL OF ACSHENBRENNER LEASE — 53 ACRES: (APPROVE) E. LETTER OF INTENT — 67 ACRES ON LINDER RD: (EXPLANATION -- APPROVE) F. APPROVE BILLS: (APPROVE) 1. TABLED FROM OCTOBER 20,1998: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION: (APPROVE) 2. RATIFICATION OF THE FIRE UNION CONTRACT: (APPROVE) 3. ORDINANCE #807 UNIFORM FIRE CODE: (APPROVE) 4. BEER AND WINE APPLICATION FOR THE BIG SMOKE BY BRUCE L. BAIRD: (APPROVE) 5. APPEAL OF CONDITIONAL USE PERMIT FOR DAKOTA COMPANY, INC. BY ROBERT L. PHILLIPS: (ACCEPT LETTER OF WITHDRAWAL) 6. APPOINTMENT OF DEPUTY CITY CLERK BY MAYOR: (TABLE UNTIL NOVEMBER 17T", MEETING) 7. WATER I SEWER 1 TRASH DELINQUENCIES: (APPROVE) 8. DEPARTMENT REPORTS: A. GARY SMITH: 1. TABLED FROM OCTOBER 20TH, 1998: CHANGE ORDER FOR TULLY PARK: (TABLE UNTIL NOVEMBER 17TH, MEETING) 2. TABLE FROM OCTOBER 20TH, 1998: ENGINEERING AGREEMENT FOR DESIGN OF SECONDARY CLARIFIER: (APPROVE) 3. CHANGE ORDER NO. 2 -AERATION BASIN CONSTRUCTION PROJECT. (APPROVE) 4. AWARD CONSTRUCTION CONTRACT - USTICK WATER TANK DRAIN LINE. (APPROVE) B. SHARI STILES: 1. TABLE FROM OCTOBER 20,1998: DISCUSSION OF RFP FOR COMP. PLAN UPDATE. (PRESENTED UPDATE) C. TOM KUNTZ: - O11■IIW (PRESENTATION (APPROVE) MERIDIAN CITY COUNCIL MEETING NOVEMBER 4 1998 The regular meeting of the Meridian City Council was called to order President Rountree at 7:30 P.M. MEMBERS PRESENT: Glenn Bentley, Charlie Rountree, Keith Bird. OTHERS PRESENT: Shari Stiles, Gary Smith, Bill Gordon. Rountree: Item number five on the regular agenda for the audience—there has been a request to withdraw that particular item, so if you are here for that, that's the status of that particular item. We have a consent agenda. I'll ask the council if there is any discussion or motion. The first item on our agenda is the consent agenda, any discussion or is there a motion on that? Anderson: I would move that we approve the consent agenda items with the exception of letter E, the letter of intent for the 67 acres on Linder Road, I would like to discuss that as a separate issue. Bird: I'll second that. Rountree: Okay, it's been moved and seconded to approve the consent agenda with the exception of Item E and to move that from the consent agenda. Any discussion? Bird: I also think on that approve the bills, don't you have to read that deal? Rountree: That's the delinquency and turn off. Bird: Okay, I have none. Rountree: All those in favor of the motion? MOTION CARRIED: All ayes. Rountree: I will open up item E for discussion. Anderson: President Rountree, I asked for that to be removed because I would like to have a little more discussion on that maybe a little bit of explanation about what it is and where we are going with that, I guess I'm not opposed to it, but 1 don't have enough information and don't know enough about the project yet at this point to offer my support to a letter of intent. So I guess I'm asking for... Rountree: Okay, we will get some clarification from Councilman Bentley. MERIDIAN CITY CUUNCIL MEETING NOVEMBER 4, 1995 PAGE 2 Bentley: Thank you, what the plan on is on this is we are awaiting word from the corporate sponsor to see if they will have join with the city and the funding of this project with the 67 acres for a possible complex ---park and soccer complex. What this letter is for—it's a non-binding monetarily agreement as earnest money. It's just to hold it open until this meeting takes place around the 1 oth, 11th and 12th of this month. As I said, it's an earnest money agreement. There will be as it states as if no earnest money is offered or received during said period as stated. The representation is withdrawn without any notice. Anyone immediately fling the 35 day period. So they are holding the land for 35 days. Anderson: So is there an actual earnest money being put down on it? Will it be forfeited if we don't purchase this? Bentley: No, there is no cost. Rountree: Councilman Anderson I would refer you to the last sentence before the date and signature on that particular item, that no earnest money would be offered unless there is an offer for the property. I think the offer is contingent on what Councilman Bentley indicated that we are waiting for corporate involvement and participation. Bird: Is this a joint involvement between the city and the corporate or is the corporate going to take the whole thing over? Bentley: That is what we are waiting to see is what funds if any will be made available for the purchase of the property. Bird: At that time we would have to revisit whether we were to purchase it or not. Okay that's what I thought it was, but I wanted to make sure. Rountree: Any other discussion? I'll entertain a motion on Item E. Gigray: Mr. President of the council and members of the council, just as a further explanation as I put this together was asked to at least prepare a draft. It was my understanding that one of the main benefits of this mutual letter of intent was that it's really basically a representation on the part of the city to the property owners that an effort is being made to make a presentation for the potential purchase and development of this property the signing by the sellers of this agreement will provide some written evidence that the sellers are holding open this property from sale so that presentation could be made to that corporate sponsor. During that period of time and we have provided in this mutual letter of intent that it's clear that this doesn't pose any real estate listing problems to enter into this agreement is the last part of this. Also provided that the real property is off the hold you might say at the end of that 35 days automatically unless an offer is i MERIDIAN CITY CUJNCIL MEETING NOVEMBER 4, 1998 PAGE 3 made to purchase it, but it doesn't commit in my opinion the city to the expenditure of any monies for the purchase of the property. Bentley: Mr. President, I would move that we approve the letter of intent for the 67 acres on Linder Road. Bird: Second. Rountree: It has been moved and seconded to approve Item E the letter of intent for 67 acres on Linder Road, all those in favor? MOTION CARRIED: All ayes. ITEM NO. 1: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION: Rountree: Is there any discussion on the development agreement? Gigray: We have prepared for your consideration a development agreement. believe that this has been or it has been reviewed by Gary Smith at the public works and also by Shari Stiles the Director of Planning and Zoning and has been agreed to by the developers as you see by the evidences of their signature. Here is some extra copies if you desire. Bird: We've got some, don't need anymore. Gigray: These may be the latest version, this may be an earlier version. You've got it, okay. Rountree: Any discussion? Bird: I have none. Bentley: I have none. Rountree: Hearing no discussion I'll accept a motion on this item. Bird: Mr. President, I move that we accept the development agreement for Sterling Creek. Anderson: Second. Rountree: It's been moved and seconded to accept and approve the development agreement for Sterling Creek Subdivision. All those in favor? MERIDIAN CITY CVUNCIL MEETING NOVEMBER 4, 1998 PAGE 4 MOTION CARRIED: All ayes. Rountree: Motion passes, we'll get it executed and get it to you folks. ITEM NO. 2: RATIFICATION OF THE FIRE UNION CONTRACT: Rountree: Open that item up for discussion. Is there any discussion? Bird: I have none. Anderson: I just wanted to comment that Councilman Bentley and myself had worked on this project and I reviewed the language in it and it looks like the same language that we had agreed to at our last deviation session. It is my recommendation that we ratify the contract. Bird: Is that a motion. Anderson: I will make it in the form of a motion. Bird: I'll second it. Rountree: Any discussion? Bentley: Yes, I would concur that upon review the language is the same, it's been a long time coming and hopefully the next time around it won't be so long. In further discussion on this—prior to starting the negotiations I made a comment to both the rural and the City Council that I thought it would be a good idea to jointly embark in a conflict resolution group with the fire department that the union members do prior to going into the contract negotiations. It didn't sail over with anyone and I would strongly urge that both sides give some talk to doing this prior to the start of the next session. I think it would really be helpful to us. Thank you. Rountree: Thank you, any further discussion? Bird: I have none. Rountree: Have the motion to approve the fire union contract, I'll take a roll call. ROLL CALL: Bird — yea, Bentley — yea, Anderson — yea. Rountree: Motion passes all yeas. I would like to take a minute to extend my appreciation on the pari of the city and myself for the work that both Councilman Anderson and Bentley did and the work that the fire department and the fire union folks did to workout our differences and come to what I think we all agree MERIDIAN CITY COUNCIL MEETING NOVEMBER 4, 1998 PAGE 5 to is a very satisfactory and very beneficial agreement for both parties and it's been a long time coming, we got there. Good job, I really appreciate it. Also Bill Gigray, he assisted the city along the way, prior to being appointed to City Council and since then. So thank you all. ITEM NO. 3: ORDINANCE #807 UNIFORM FIRE CODE: Gigray: Mr. President and members of the council, with you permission I would ask that you receive a report from Justin Alysworth whose with our office, the attorney who drafted this ordinance brief explanation as to the process and how it was drafted and where we are with the uniform code process. I understand that there may be a question or two from council about this. Rountree: Is that acceptable to council? Bird: I have no problem with it. Alysworth: President of the council, members of the council, as the president and council are probably aware the city attorney's office is in the process of reviewing and amending deficient Meridian City Ordinances for purpose of codification. As part of this extensive endeavor, we are currently reviewing the cities codified uniform codes, specifically we are attempting to standardize all the various 1997 uniform codes, including the building code, code for abatement of dangerous buildings sign code, fire code, mechanical code, code for building conservation and the plumbing code. The strategy for amending and revising the codes entails getting instruction and input from the various department heads, submitting rough and final drafts to the department heads and submitting the final draft to Bill Gigray for approval. The standardization strategy serves to provide uniform and consistent outline for each code. Update section numbers for each individual code to the corresponding 1997 section numbers. Assist the codifiers (sic) and their jobs, when applicable provides consistent savings penalty and validity clauses, insures that each respective code will encompass unique up to date variations and amendments as required by the various Meridian City departments and insures that the respective department heads will be provided with the authority to enforce revisions of the codes. The uniform 1997 uniform fire code ordinance presently for the president and council is the first culmination of the standardization strategy mentioned above. Adoption revision and amendment of the 1997 uniform fire code is necessary for the following reasons: the state fire Marshall adopted the 1997 code with revisions and Skip Voss wanted to update Meridian's Fire Code accordingly. The 1994 code as adopted by City Council was a simple duplication of the codified 1991 fire code with the dates merely changed. This duplication presents a major problem the uniform fire code sections were renumbered in 1994, but the sections as contained in the city's 1994 fire code reference to the outdated 1991 numbering system, effectively, the city's 1994 fire code attempts to amend and in certain sections MERIDIAN CITY CuUNCIL MEETING NOVEMBER 4, 1998 PAGE 6 that no longer exist, obviously this could raise severe impediments to enforcement of the code. With regard to the issue of enforcement of the fire code before the counsel provides an extensive penalty clause for purposes of enforcement. The 1994 code as adopted by the city does not contain such a clause. Finally, the instant ordinance provides savings and validation clauses, which are also not contained in the current 1994 code. Any questions? Bird: I have—how many cities have adopted the 1997 fire code, uniform building code in this area, do you know? RAY VOSS, FIRE MARSHALL OF MERIDIAN FIRE DEPARTMENT. Voss: At the present time I believe Nampa and Caldwell—I was talking to the fire chief of Caldwell today and they are adopting next week. Most of the cities have adopted it. Bird: Has Boise adopted it? Voss: Yes, I think so. Anderson: Could you maybe explain for the council, Skip, how the uniform fire code works in conjunction with the uniform building code, what the purpose of the fire code is. Voss: The purpose of the fire code is it is a—the building code is a building code, it's for building a new building. The fire code is a maintenance code. We come in with the new building bringing it up to code standards and then the fire department does annual inspections to make sure that the building complies with codes. Once the building is built, it does not have to change to an updated code, unless they do a major remodel. Bird: Is our buildings right now being inspected on a yearly bases, our commercial buildings? Voss: We have a process underway with the engine companies doing it... Bird: This is a new process that is being done within the last few months, right? Voss: Yes it is. Bird: I have no problem if the other cities around here have adopted this, but... Voss: Everybody is going to adopt the 1997 because we are not sure there is going to be a 2000. The code cycle changes every three years. NFPA and all the other code entities are trying to come up with one unified code. The first one MERIDIAN CITY CuUNCIL MEETING NOVEMBER 4, 1998 PAGE 7 is supposed to be out in 2000, but what we've seen in rough drafts, we are not even going to touch it. It's going to take a couple of cycles of that before we they get the bugs out of it. Bird: That's all I had, thanks Skip. Bentley: So this code is written before us now contains everything that we need to take this where we need to go? Voss: Yes it does. Gigray: Mr. President, members of the council, I might add as you are considering this we've already had a meeting of department heads of which Mr. Voss was a part, Planning and Zoning was a part of that, as well as public works, and one of the things that we want to come up with is a—develop a kind of uniform policy of enforcement of codes that has the support of the council and the mayor from the standpoint that you feel is fair in terms of providing safety and consistency within this community with the ordinances that you have passed at the same time providing the kind of flexibility and the allowance so that you are working with people in a cooperative way that you all support. So we will be coming back to you with some follow-up on that and we've already begun that process and we're going to be generating some paperwork to look at in terms of a proposal and then when we are ready, we will bring that to the council for your review and approval. Rountree: Any other discussion or comments? Bird: I have none. Rountree: I would be willing to accept a motion, but I first need to read the summary of... Bird: You need to read that... Rountree: As soon as I get it. CHARLIE ROUNTREE READ FROM ORDINANCE #807 UNIFORM FIRE CODE. Rountree: Anybody in the audience wish to have this ordinance read in it's entirety? Bird: Mr. Chairman, I move that we adopt Ordinance #807 Uniform Building Code and for the Mayor to sign and the clerk to attest with the suspension of rules. MERIDIAN CITY CVUNCIL MEETING NOVEMBER 4, 'i 998 PAGE 8 Bentley: Second. Rountree: It's been moved and seconded to approve Ordinance #807 with suspension of rules, all those in favor? Roll Call. Anderson: One correction in the title, he called it the Uniform Building Code, it's Uniform Fire Code. ROLL CALL: Bird — yea, Bentley -- yea, Anderson — yea. MOTION CARRIED: All yea. ITEM NO. 4: BEER AND WINE APPLICATION FOR THE BIG SMOKE BY BRUCE L. BAIRD: Rountree: Any discussion, questions, comments? Bentley: Question for the acting police chief, captain over there. Have you reviewed the permits and is everything in order? Bowman: I have not had a chance to review this permit, no. Bird: We have no signature by the chief of police. Anderson: Mine has one here. Rountree: Chiefs approved it. Anderson: The chief has approved it. Rountree: Any other questions, comments, or discussion? Bentley: I hadn't found it either. I have none. Bird: I have none. Rountree: You looking for that signature page? Bentley: I found it. Mr. President, I move that we approve the request for Big Smoke's beer and wine license application by Bruce Baird. Bird: Second. Rountree: It's been moved and seconded to approve the beer and wine application for the Big Smoke. All those in favor? MERIDIAN CITY CGJNCIL MEETING NOVEMBER 4, 1998 PAGE 9 MOTION CARRIED: All ayes ITEM NO. 5: APPEAL OF CONDITIONAL USE PERMIT FOR DAKOTA COMPANY, INC. BY ROBERT L. PHILLIPS: Rountree: The request has been received by the city to withdraw that particular appeal, probably need a motion from council to get that off the table and to accept that. Bird: I move that we accept that withdrawal of the appeal on the ---request for withdrawal and dismissal of appeal in the matter of Hermes Associates and Dakota Company Inc. Anderson: Second. Rountree: It's been moved and seconded to remove the withdrawal for the appeal of conditional use for Dakota and Company, all those in favor? MOTION CARRIED: All ayes. ITEM NO. 6: APPOINTMENT OF DEPUTY CITY CLERK BY MAYOR: Rountree: I have no information on that so I'm going to request that you folks table that. Bentley: Incase that the mayor gets here, do we just want to move it. Rountree: Why don't we move it to the end of the agenda an if he shows up, we can move on it. Bentley: So moved Bird: Second. Rountree: All those in favor of moving item no. 6 to the end of the agenda? MOTION CARRIED: All ayes. ITEM NO. 7: WATERISEWERITRASH DELINQUENCIES: Rountree: This is to inform you in writing if you choose to—you have the right to a predetermined hearing at 7:30 P.M. Wednesday, November 4 1 before the mayor and the city council to appear in person to be judged on the facts and defend the claims made by this city that your water, sewer, or trash bill is MERIDIAN CITY CuUNCIL MEETING NOVEMBER 4, 1998 PAGE 10 delinquent. You may retain counsel, the service will be disconnected on November 18th, 1998 unless payment is received in full. Is there anyone present who wishes to contest their water sewer trash delinquencies. Seeing no one, those on the list are hereby notified that they may appeal or have the decision of the city reviewed by the 4th judicial court pursuant to Idaho Code, even though they appeal their water will be shut off. The amount of the turn off list $66,437.70 Bentley: I move that we approve the water, sewer, and trash delinquency turn off list. Bird: Second. Rountree: It's been moved and seconded to approve the delinquency shut off list. All those in favor? MOTION CARRIED: All ayes. Rountree: If you do want to discuss any of this, I'm just hurrying us along, but if you want... Bird: Lets go. ITEM NO. 8: DEPARTMENT REPORTS ITEM NO. 8A1 GARY SMITH: CHANGE ORDER FOR TULLY PARK: Watson: We have four items here, the first one is the ongoing change order for Tully Park, I would request that be tabled. Tom and his staff and I are in the process of closing out that project and hope to have a final change order to close everything out the next meeting. Rountree: It's been requested that this time be tabled until our next meeting which would be November 171h Bentley: So moved. Bird: Second. Rountree: It's been moved and seconded to table change order from Tully Park until November 17th, any discussion? All in favor? MOTION CARRIED: All ayes. ITEM NO.8A2: ENGINEERING AGREEMENT FOR DESIGN OF SECONDARY CLARIFIER: MERIDIAN CITY CVUNCIL MEETING NOVEMBER 4, 1998 PAGE 11 Watson: The second item is an engineer agreement for design of the secondary clarifier at the wastewater plat for Keller and Associates, who has been doing a lot of the design work out there. The agreement is for $61,070 fixed fee and $20,520 for bidding and construction management for a total contract of $81,590 and we would respectfully request that that be approved. Rountree: Any questions, discussion, or comments? Bentley: How does this put us on—program we on schedule with your... Watson: Yeah we are—in fact, this project we hope to piggyback with the digester project that is currently under design. These would go out to bid in the spring, with completion around the first of the year 2000. We've got a lot of projects in the hopper for next year and it should bring us up to where we are, where we need to be. Bentley: Okay, so we are on schedule then. Thank you. Rountree: Any other discussion, comments? Bird: I have none. Rountree: Need a motion for the engineering agreement. Bird: I move that we enter into the agreement for engineering services with Keller and Associates for the sum of $61,070. Anderson: Second. Rountree: It's been moved and seconded that we enter into an engineering agreement for the design of the secondary clarifier for the amount of $61,070. Any discussion? All those in favor? MOTION CARRIED: All ayes. ITEM NO. 8A3: CHANGE ORDER NO. 2 —AERATION BASIN CONSTRUCTION PROJECT: Watson: This change order is for some changes that were caused by some inadequate reinforcing that was in the 20 year old concrete walls that were discovered after the basin had it's accident last spring. The cost is for sealing, drilling, epoxy the reinforcing bar, it's in the amount of $30,009.35. We would request that that change order be approved. Contractors turnkey. MERIDIAN CITY CuUNCIL MEETING NOVEMBER 4, 1998 PAGE 12 Rountree: Any further questions, discussions, comments? Bird: I move that we approve change order no. 2 with turn key construction for the sum of $30,009.35. Anderson: Second. Rountree: It's been moved and seconded that we approve change order no. 2 for the aeration basin construction project in the amount of $30,009.35, any discussion? All those in favor of the motion? MOTION CARRIED: All ayes. ITEM NO.8A4: AWARD CONSTRUCTION CONTRACT — USTICK WATER TANK DRAIN DINE: Watson: This was broken out from the actual reservoir project to basically get hopefully a better price from strictly a pipe layer. It's about 1700 feet of drain line. It will be used for emergency bypass and flushing of the well (Inaudible). This was a bid October 8t" and the license agreement to discharge into one of Nampa/ Meridian ditches hasn't been secured. Also, the contractors requested and Gary and I have discussed it, there is some asphalt patch back involved in this and we're agreeable to putting this off until spring when the asphalt plants are up and running. We would in short request that the contract be awarded contingent upon Nampa/Meridian approving the license agreement for the discharge and also contingent on Bitter Root Constructions, the low responsible bidder providing written guarantee that we can delay our notice to proceed till the 1St of March. Rountree: What was the amount of that contract? Watson: The amount is $54,216. Bird: Brad would you go through the exceptions again. Watson: I'll try to, it needs to be contingent upon Nampa/Meridian Irrigation District approving the license agreement for the discharge into their drain. Number two, if it is awarded to Bitter Root that they allow us to delay notice to proceed until the 1St of March. Bird: They hold their bid till the 1St of March? Watson: Contingent that they will provide that to us in writing. Rountree: Any further questions, comments, discussion? Motion? MERIDIAN CITY CVUNCIL MEETING NOVEMBER 4, 1998 PAGE 13 Bird: I move that we award the contract, construction contract for the Ustick water tank drain line in the amount of 1700 lineal feet to Bitter Root Construction for $54,216 upon getting an agreement with Nampa/Meridian Irrigation and that Bitter Root will hold their bid until March of 1999. Bentley: Second. Rountree: It's been moved and seconded, is there any discussion? Anderson: I have a question on the sheet of paper we have in front of us talks about possibly removing bid item no. 4 which would change the dollar amount— do you want to address that Brad and explain that. Watson: What we will have to do as soon as the contract is awarded and signed simply do a change order to formerly delete that item. I was just making Gary aware that the actual cost in the end probably be less. (Inaudible) Anderson: So you want it approved for the $54,216? Watson: Yeah, that is the bid amount as it is, we don't have a contract to formerly remove it at this point. Rountree: Any other questions, discussions? It's been moved and seconded that we approve the award contract to Bitter Root Construction in the amount of $54,216, contingent upon an agreement with Nampa/Meridian Irrigation District and contingent upon Bitter Root Contractor agreeing to hold the bid till March 15t 1999. All those in favor? MOTION CARRIED: All ayes. ITEM NO. 8131: SHARI STILES: DISCUSSION OF RFP FOR COMP. PLAN UPDATE: Stiles: We sent this request for qualifications out to four separate firms, we will probably put it in the paper too, although I don't expect much response from that. If you have any comments or questions, or feel that we need any amendments to this just let me know and we can get that information to those perspective firms. We've asked for submittal of their statements by November 20th and hopefully have them online with a contract by December. Rountree: Any questions of Shari? Shari would you provide me a list of who you submitted this request to. MERIDIAN CITY CuUNCIL MEETING NOVEMBER 4, 1998 PAGE 14 Stiles: Okay. Rountree: Where you are going to advertise it, Are you going to put it into any trade journals, or just in the Statesman? Stiles: 1 thought I might put it in the Western Planner if I can get that in there, they have a lot of those appear in there. I think they are pretty reasonable. Right now, I've sent it to SAIC, Terry Oughtens (sic), JUB and (Inaudible). Rountree: You just about hit them. Do you need anything else from the council? Just an update for us? You didn't need any action? Stiles: No, just wanted to let you know what we are doing and let you know if you have any questions they may be contacting some of you on the council, the people that want to submit a request for qualifications to see maybe what your agenda is, what you might like to see changed. Where you would like to see the emphasis put. Bird: Shari could you get us all a list then of who you sent it to? Stiles: Okay, sure. Rountree: Yeah, that helps if we get a phone call. ITEM NO.8C1: TOM KUNTZ: GENERATIONS PLAZA: Kuntz: At you request David Kolga is here tonight again from the land group of Eagle to report on the Generations Plaza. Kolga: Mr. President and council members, I appreciate to have the opportunity to come back again and put together our proposal for providing construction documents and construction administration for this project. This package is broken up into—kind of go through it very—the first four pages is a general proposal breaking down the scope of services provided. The next ten pages or so is a standard form agreement between architects and owner through AICA document if you --if we could use that or not if you don't have your own contract. After that, there is an exhibit A, this basically responds their corresponding with the Al Form. Basically fill in the blank. Behind that there is another copy of the schematic plan that I presented last meeting. The last page which I kind of like to talk about first is the cost estimate. The cost estimate has changed—in request of Councilman Bird, in regard to the curb cut off of on the west side on the site and so I took account on that and added that as a cost of the construction estimates. It was basically about a $5,000 increase on that, just thought that would be noted on that cost estimate first of all. Back to the front—the scope of MERIDIAN CITY GVIJNGIL MEETING NOVEMBER 4, 1998 PAGE 15 work is—I don't know how much detail you want to go into. If you want to go basically first two pages breaks up the scopes of services in regard to design development, construction documents, bidding phase and then last goes into construction administration. Basically it takes you from cradle (Inaudible) services. Something probably be interested more to the third page when it comes to fees and terms, on the proposal. What I did, if you remember last meeting, I mentioned you could have this done right around $8,000. So I went back and looked at—made calls to all the other previous consultants and designers on this and also take into account the construction administration on this. So the first part on this fees in terms of the construction documents and bidding phase, $7,800 is basically the same number that I talked, mentioned last time we were here. I did not change that area. The second line construction and administration $2,650, that takes care of all items that are needed after the bidding phase, that include site observations. We would be there a minimum of one time a week and I know we'll be there more than that. Takes account of our reviewing all submittals shop drawings, payment requests, closure, warranty items, there is quite a long item to that. That was one of those items that mentioned last time where the city might be able to participate, but that's not be able to happen. Then the last item was two of the previous consultants that I talked with asked what—we will need to use their services also to make this work. Briggs engineer are the structures engineers. The $450 is for site observations during construction which is really important and then the last item for a fountain technology and design $1,850 is for basically redesigning the water fountain because we deleted half of all the original design. The other part, excuse me, includes for them to come here one time site visit, basically it's the startup, meaning they come over here after everything is done, he walks through to see representatives and ourselves and contractors and make sure things were done right, teach everybody how this water feature works, how it starts up, how you winterize it, how you start it up in the summer, things like that. So our proposal total fee of services is $12,750. Rountree: Any questions for David? Bird: Not on the price, I do have down here in the line E. Kolga: Oh, services not included. It's a very standard site surveying --I'll walk you through that, that's a good question. Site surveying is basically done --I will be using site information that was already on the drawings on the original drawings for the surveying. There has already been ---the plotting has already done obviously and then the site surveys I'll be using (Inaudible). Geo -chemical and investigation report is not needed on this project. It's typical like there is larger buildings and things like that. Construction management we are not construction management, we're just... Bird: ...The general contractor would be MERIDIAN CITY CVUNCIL MEETING NOVEMBER 4, 1998 PAGE 16 Kolga: Offsite street improvements, we will have some, I guess I have to rephrase that because we will be redoing the curb and gutter and curb cut on the street improvements, so that is a little bit an (Inaudible) and we'll have to be working with Ada County on that issue. I guess the number 4 might be a little incorrect. Then construction quality control testing meaning if the owners feel it necessary that we do testing like paving or concrete, that's something that we could hire a separate company, independent company that would do the testing. Bird: Could that be in the contract documents if we—if you feel that we need testing on the concrete, could that not be included in the bid documents as the contractor bidder. Kolga: There is two ways it could be taken care of. One it could be under the specifications, but it's under the contractors response of building. Or number two, use a separate --where the owners bring their own construction quality testing people into the site and use them basically as needed on this. This project to be quite honest, I don't think it's needed. Bird: We don't have any structural concrete to speak of do we? Kolga: The only structure issue that I was concerned has to do with the columns on this and that is why I retained Briggs engineering on this. Basically the columns are already designed, but just for public safety and welfare, they would be on the site... Bird: That's a column, that isn't poured concrete is it? Kolga: The bases are and that's where there is concrete and rebar. You know it's up there 12 feet high. Bird: Maybe as an owner we do need to have it in the specks that we would pay for northern testing or somebody like that to do the concrete testing. Kolga: I might suggest that the city just kind of as needed, that it's not in the specification of the contract, that basically during the construction if myself or the structural engineer sees anything that might be kind of fishy, then we could bring... Bird: That way we would pick up the expense of the testing, I think that's a good idea Dave. Rountree: Additional questions? Any other comments Dave? Kolga: No, I don't. MERIDIAN CITY CuLJNCIL MEETING NOVEMBER 4, 1998 PAGE 17 Bird: Dave, you have already donated $4,095? Kolga: Yes. Bird: We appreciate it. You just want to use the AIA standard owner architect agreement? Kolga: Yes sir, unless the city has your own typical—and maybe Mr. Gigray would like to go over that. It's pretty standard. Bird: This AIA is a very standard nice, it covers everybody very well. I would want Mr. Gigray to look it over and make sure. (inaudible) Bird: We need to clarify some things on this. Bird: I did drop to Mr. President --you have two original copies for execution. Rountree: Any further comments? Bird: I'm ready to make a motion. Rountree: I'll accept a motion on this particular item. Bird: I move that the City of Meridian enter into an AIA owner -architect contract for Generations Plaza with the approval of our attorney. Wait a minute, I've got to get the price in here. Under Item E of their proposal, line four is the offsite street improvements be stricken as services not included and for a price of $12,750 base and their proposal, their last page, if we require additional work, will be paid at the rate listed there. I'm done. Bentley: Second. Rountree: It's been moved and seconded that we approve... (END OF TAPE) Rountree: ... based on review of the city council, Gigray with the Land Group for construction services and plan preparation in the amount of $12,750 base and that any additional fees related to this would be paid at the pay schedule provided in a submittal from the Land Group. All those in favor? MOTION CARRIED: All ayes. MERIDIAN CITY COUNCIL MEETING NOVEMBER 4, 1998 PAGE 18 Kuntz: Mr. President and council, just a point of information, he has already had 2-3 contractors contact him about the project. Bentley. When do they want to start? Kuntz: December 1. Rountree: That completes our agenda for the evening. I'll entertain a motion. Anderson: I would make a motion that we adjourn the meeting. Bird: Second. Rountree: Moved and seconded that we adjourn, all those in favor? MOTION CARRIED: All ayes. Rountree: We are officially adjourned at 8:21. I'll reopen the City Council meeting of November 4th Bird: Mr. Chairman, I move that we table the appointment of the Deputy City Clerk until the meeting of November 17, 1998. Anderson: Second. Rountree: It's been moved and seconded that we table the item related to the appointment of Deputy City Clerk, all those in favor? MOTION CARRIED: All ayes. Gigray: Just a point of information before you adjourn, I believe the mayor and council has received memos from our office with regards to proposed orders associated with the actions of the council has already taken and of course in the future I think we will just include in the language of the motions that the mayor be authorized to sign the orders and the conditional use permits and the conditional approvals and so on, as an administrative act. I would—since this action has already been taken by the council, I would just report that we will proceed to have him sign those orders so that on all those actions that have been taken that have been listed in these, and you have copies of all of them, we will just proceed in that fashion. The advantage of this is for enforcement purposes, or for purposes where we maybe reviewing a subsequent developments that involve previous conditional use permits or whatever, we can right to the order. We don't have to rummage through a whole bunch of stuff to find out what the official action was. Rountree: Okay, that's great, that's for the info Bill. I'll hear that motion again. i f MERIDIAN CITY CvJNCIL MEETING NOVEMBER 4, 1998 PAGE 19 Bentley: Motion to adjourn. Bird: Second. Rountree: Moved and second to adjourn. All those in favor? MOTION CARRIED: All ayes. MEETING READJOURNED AT 8:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS.) r RT D. CORRIE, MAYOR ATTEST:oF �tJ w � Y AL WILLIAM G. BERG, JR., CI CLERK - w IS MERIDIAN CITY COUNCIL MEETING: NOVEMBER 4, 1998 APPLICANT: CONSENT AGENDA ITEM NUMBER: D REQUEST: RENEWAL OF ACSHENBRENNER LEASE — 53 ACRES AGENCY COMMENTS CITY CLERIC: SEE ATTACHED LEASE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 1�,7- 6(Z -p2 -- All Materials presented at public meetings shall become property of the City of Meridian. By Councilperson f�'t" �- 3Pv A RESOLUTION OF THE CITY OF MERIDIAN, IDAHO, APPROVING t, LEASE AGREEMENTOF RE ': AND KENNETH L. -tR l• AND MAYOR . OJ: TO EXECUTE THE AGREEMENT. R BE IT RESOL'V'ED BY the Mayor and the City Council of the City of Meridian, Idaho. WHEREAS, it is found by the Mayor and City Council that the real property described in the proposed Lease Agreement hereinafter referred to is not presently needed for City purposes within the proposed lease agreement term; and WHEREAS the City Council determines that that certain proposed lease agreement by and between the parties a copy of which is attached provides terms which are just and equitable; NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Meridian, based upon the above and foregoing, and pursuant to its authority under Idaho Code § 50-1409, that the agreement by and between the City of Meridian and Kenneth L. Aschenbrenner, a copy of said agreement marked "Exhibit A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. That the Mayor and City Clerk be, and they hereby are, authorized to execute said agreement for and on behalf of the City of Meridian. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION - 1 All resolutions, orders, or parts thereof, in conflict herewith are hereby repealed, rescinded and annulled. PASSED BY THE CITY COUNCIL of the City of Meridian this 4-f—ALday of Aley 1 -el- 1998. APPROVED BY THE MAYOR of the City of Meridian this 4 -IA day of Aloyerx'bel- , 1998. \,j;tiOF §§ikli ii ATTEST. BEAL City Clerk ,�''� " �l�ifl1�71 i9it15i§VA1 I certify that the above resolution was duly adopted by the City Council of the City of Meridian held on 4 , 1998 by the following vote: Ayes: Noes: -` ,Absent: ATTEST: Clerk RESOLUTION - 2 MERIDIAN CITY COUNCIL d BEAL A M FC MERIDIAN CITY COUNCIL MEETING: NOVEMBER 4. '199$ 6 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: A73 REQUEST: GARY SMITH — CHANGE ORDER NO. Z -- AERATION BASIN CONSTRUCTION PROJECT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEFT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: oir vq--, All Materials presented at public meetings shall become properly of the City of Meridian. CHANGE ORDER No, 2 PROJECT: Aeration and Pumpinq Facilities DATE: September 17, 1998 OWNER: City of Meridian Idaho NAME & ADDRESS: City of Meridian 200 East Carlton, Suite 100 Meridian, Idaho 83642 CONTRACTOR: Turnkey, Inc. ENGINEER: Keller Associates Inc. ENGINEER'S PROJECT NO,:197025 You are directed to make the following changes in the Contract Documents. Description: Wall anchoring and crack sealinq of existinq aeration basin west well see attached). Change Order (Rev 4/89) 1970251!198-881 cp 092198 CHANGE IN CONTRACT PRICE: Original Contract Price: $1 —443,959.00 Previous Change Orders No. to No. _ $-12405.23 Contract Price prior to this Change Order $1,456,364.23 Net (increase/Decrease) of this Change Order $ 30,009,35 Contract Price with all approved Change Orders $1_,486,373.58 CHANGE IN CONTRACT TIME: Original Contract Time: 270 calendar days Net change from previous Change Orders _ 3 calendar days Contract Time prior to this Change Order 273 calendar dans Net (Increase/Decrease) of this Change Order 7 calendar days Contract Time with all approved Change Orders 280 calendar days RECOMMENDED: \Q ENGINEER APPROVED: OWNER APPROVED: C CONTRACTOR Change Order (Rev 4/89) 197025/1/98.881 cp 092199 CHANGE ORDER NO. 2 AERATION AND PUMP FACILITIES CITY OF MERIDIAN, IDAHO Proposed Change and Justification: Upon collapse of the existing aeration basin effluent trough wall, the aeration basin west wall pulled away from the end walls, becoming very unstable. The original design called for rebar to be drilled and grouted 12 inches into the existing west wall and extended into the new basin walls. Due to the unstable condition of the west wall and minimal exposed existing connecting rebar between the existing west wall and existing end walls, it became apparent that the original design would have to be modified. A revised design was provided (see attached drawings) which required extension of rock anchors through the existing west wall extending approximately 3 to 4 feet into the existing end walls. Rebar was then connected to the rock anchors. A complication developed during the anchor drilling procedure for the center wall. The west wall had pulled sufficiently away from the aeration basin center wall such that excessive leaking occurred while drilling for the rock anchors. To allow rock drilling to continue, the crack had to be sealed. The basins could be either bypassed for an extended period of time resulting in permit violations, or the crack sealed from the exterior using an expensive water setting grout. After discussions with the City, the latter method was selected. The crack was difficult to seal and resulted in more time and grout than anticipated. However, the crack was ultimately sealed and rock anchor drilling and placement completed. The work was completed on a time and materials basis. Additional time and materials cost for anchoring and sealing the west wall crack are attached and are considered allowable by Keller Associates. Credit for rebar not required to be drilled and grouted under the original design was offset in cost by additional rebar placed at the new west wall and effluent trough as shown on the revised drawings. Time Extension Although it ultimately took approximately 2 months to complete the above procedure, it had little impact on construction progress as remaining aeration basin walls were still being formed and placed while the rock anchor drilling and crack sealing procedure continued. There were only a few days delay required for revising the design and final seal. A few more days were required for final sealing of the crack prior to the final wall pour. A time extension of 7 calendar days would appear to be justified. Change Order (Rev 4189) 197025/1/98-881 cp 092198 PROJECT: Aeration and Pumping Facilities DATE: September 17, 1998 OWNER: City of Meridian Idaho NAME & ADDRESS: City of Meridian 200 East Carlton, Suite 100 Meridian, Idaho 83642 CONTRACTOR: Turnkev. Inc. ENGINEER. Keller Associates Inc. ENGINEER'S PROJECT NO -197025 You are directed to make the following changes in the Contract Documents, Description: Wall anchoring and crack sealing of existing aeration basin west well see attached . Change Order (Rev 4/89) 197025/1198-881 cp 092198 CHANGE IN CONTRACT PRICE Original Contract Price: $1,443,959.00 Previous Change Orders No. to No. _ $ 12,405.23 Contract Price prior to this Change Order $11456,364.23 Net (increase/Decrease) of this Change Order $ 30 009.35 Contract Price with all approved Change Orders $1,486,373.58 CHANGE IN CONTRACT TIME: Original Contract Time: 270 calendar days Net change from previous Change Orders 3 calendar days Contract Time prior to this Change Order 273 calendar days Net (In crease/De crease) of this Change Order 7 calendar „days Contract Time with all approved Change Orders 280 _calendar days RECOMMENDED: \,Q ENGINEER APPROVED: f OWNER APPROVED: C CONTRACTOR Change Order (Rev 4189) 197025/1198-881 cp 092198 CHANGE ORDER NO. 2 AERATION AND PUMP FACILITIES CITY OF MERIDIAN, IDAHO Proposed Change and Justification: Upon collapse of the existing aeration basin effluent trough wall, the aeration basin west wall pulled away from the end walls, becoming very unstable. The original design called for rebar to be drilled and grouted 12 inches into the existing west wall and extended into the new basin walls. Due to the unstable condition of the west wall and minimal exposed existing connecting rebar between the existing west wall and existing end walls, it became apparent that the original design would have to be modified. A revised design was provided (see attached drawings) which required extension of rock anchors through the existing west wall extending approximately 3 to 4 feet into the existing end walls. Rebar was then connected to the rock anchors. A complication developed during the anchor drilling procedure for the center wall. The west wall had pulled sufficiently away from the aeration basin center wall such that excessive leaking occurred while drilling for the rock anchors. To allow rock drilling to continue, the crack had to be sealed. The basins could be either bypassed for an extended period of time resulting in permit violations, or the crack sealed from the exterior using an expensive water setting grout. After discussions with the City, the latter method was selected. The crack was difficult to seal and resulted in more time and grout than anticipated. However, the crack was ultimately sealed and rock anchor drilling and placement completed. The work was completed on a time and materials basis. Additional time and materials cost for anchoring and sealing the west wall crack are attached and are considered allowable by Keller Associates. Credit for rebar not required to be drilled and grouted under the original design was offset in cost by additional rebar placed at the new west wall and effluent trough as shown on the revised drawings. Time Extension Although it ultimately took approximately 2 months to complete the above procedure, it had little impact on construction progress as remaining aeration basin walls were still being formed and placed while the rock anchor drilling and crack sealing procedure continued. There were only a few days delay required for revising the design and final seal. A few more days were required for final sealing of the crack prior to the final wall pour. A time extension of 7 calendar days would appear to be justified. Change Order (Rev 4189) 19702511198-881 ep 092198 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 4, 1998 9 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: A-2 REQUEST: GAMY SMITH — ENGINEERING AGREEMENT FOR DESIGN OF SECONDARY CLARIFIER AGENCY COMMENTS CITY CLERIC: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become properly of the City of Meridian. AGREEMENT FOR ENGINEERING SERVICES In Association with Design and Construction of Secondary Clarifier Facilities at the City of Meridian WWTP KELLER ASSOCIATES, INC. This Agreement is made and entered into between the City of Meridian (herein called OWNER) and Keller Associates, Inc. (herein called CONSULTANT) this day of October, 1998. In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree as follows: Scope of Services During the terms of this Agreement, CONSULTANT shall furnish to the OWNER Design Engineering Services set forth in Paragraph A, Attachment A, attached hereto and made a part hereof. Such services shall be performed by individuals as employees of CONSULTANT, an independent Contractor, and not as employees of the OWNER. Additional services for Construction Engineering as indicated in Paragraphs B and C of Attachment A will be furnished upon request by the City per the attached hourly rate schedule. 2. Period of Agreement The Agreement shall commence on the first above written date and terminate upon completion of construction. 3. Payment Rates and Billing 3.1 As compensation for Secondary Clarifier Facilities Design services to be performed by CONSULTANT, the OWNER will pay CONSULTANT the amount set forth in the Attachment B attached hereto. OWNER shall not have any liability for any other expenses or costs incurred by CONSULTANT, unless otherwise provided in the Attachment or authorized by the OWNER. 3.2 CONSULTANT shall keep accurate records of the time expended. Payment for services performed by CONSULTANT shall be made at the end of each month upon the submission by CONSULTANT of invoices or time statements to the OWNER. Invoices submitted by CONSULTANT will: A. Accurately describe services rendered during the invoice period, including respective dates of performance and any reports submitted. B. Identify any other authorized expense incurred hereunder; and C. Make reference to this Agreement (Keller Associates' project number) or otherwise identify the invoice in such a manner as the OWNER may reasonably require. 3.3 CONSULTANT shall not take any action hereunder which could cause the amount for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees defined in the Attachment provided, however, that this sum may be increased or 98-885 cp 092298 4 5 l� 7 E 7 decreased from time to time by the OWNER in writing if extra work is required or the scope of work is adjusted for any reason. For other than lump sum (fixed fee) agreements, CONSULTANT shall advise the OWNER in writing when costs incurred under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum. Data CONSULTANT agrees that all data and information such as designs, drawings, reports, blueprints, and the like generated in the performance of this Agreement and data and information which are specific to be delivered or which are, in fact, delivered pursuant to this Agreement shall be and remain the sole property of OWNER. CONSULTANT shall deliver all data and information to the OWNER upon OWNER's request and in any event upon the completion of all work hereunder or the termination or expiration hereof, whichever shall first occur, and shall be fully responsible for the care and protection thereof until such delivery. Except as otherwise provided in this Agreement, said documents shall be delivered to OWNER without additional costs to OWNER. Termination The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time by giving thirty (30) days written notice thereof. Upon said termination, CONSULTANT will be reimbursed for that portion of the work satisfactorily completed prior to termination and shall be entitled to reasonable damages. Changes The OWNER, within the general scope of this Agreement, may at any time, be written notice to CONSULTANT, issue additional instructions, require additional services, or direct the omission of services covered by this Agreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim by either party for such an adjustment must be made within thirty (30) days of the receipt of said written notice. Compliance with Laws To the extend applicable hereto, CONSULTANT comply with all Federal, State, and local laws, applicable law, and all State regulations. Standards shall in the performance of this Agreement all regulations and orders issues under any All services hereunder shall be performed by employees or agents of CONSULTANT who are experienced and highly skilled in their professions and in accordance with the standards of workmanship in their professions. CONSULTANT warrants that its findings, recommendations, and professional advice shall be based on practices and procedures customarily used in its profession and asserts it will employ the current state-of-the-art and accepted standard industry practice in performing the services herein. Records The OWNER and, if the services are to be performed hereunder relate to a Federal or State Government Contract, the Comptroller General of the United States, and the Department or Agency of the Government having cognizance over prime Contract, and any of their duly authorized representatives shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, 98-885 cp 092298 documents, papers, and records of CONSULTANT involving transactions related to this Agreement. 10, Gratuities CONSULTANT warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to OWNER's employees, agents, or representatives with a view toward securing this Agreement or securing favorable treatment with respect thereto. 11. Insurance CONSULTANT shall provide professional liability indemnification to protect the OWNER and granting agencies from CONSULTANT's negligent acts and errors of omission of a professional nature. The total aggregate of CONSULTANT's professional liability shall be limited to fifty thousand dollars ($50,000) or twice the amount of CONSULTANT's fee, whichever is more. 12. City Furnished Services The following services would be provided by the City of Meridian in completion of this project: a. Provide drawings of existing site facility locations, piping, mechanical and electrical information as available. b. Provide plant process flow, SS, and other data as available. C. Provide elevations of structures and other existing site features as available. d. Provide full time inspection services and all other services not included in Keller Associates Scope of Work unless additional services are requested of Keller Associates by the City at an increase in cost. In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written. CLIENT: City of Meridian to Title: CONSULTANT: Keller Associates, Inc. By: I Ik L—dz /James L. Keller, P.E. Title: President Attested: Attested: By: By: .ac -7-7;,5 .y. 5e,;hle- one Title: Title: ec1�5 Ala -tea I er 98-885 cp 092298 CITY OF MERIDIAN SECONDARY CLARIFIER FACILITIES DESIGN Keller Associates, Inc. will complete the following Scope of Work for design of secondary clarifier facilities at the City's wastewater treatment plant. It is our understanding that the work shall meet the following criteria and needs: Design of a new 100 foot diameter secondary clarifier with capacity of 5.016.719.0 MGD average/max month/peak flow not including RAS. Total secondary capacity including existing circular clarifier would be 10 MGD maximum month flow which would meet 20 year FPS projections. The existing rectangular secondary clarifier would serve for additional capacity and redundancy. The secondary clarifier would be designed with energy dissipating inlet, floculating center well, density current baffles, spiral scrapers and sludge collection ring. • Design of scum removal, full length "ducking skimmer', and clarifier flow splitting facilities. ® Design of yard piping. ® Design of new expanded flow RAS pumping facilities. This project would be bid together with the digester project. A. SECONDARY CLARIFIER FACILITIES DESIGN Design of the above facilities would consist of producing detailed design drawings and specifications. It is anticipated the following number of drawings would be required. Drawing No. Description 1 Cover Sheet 2 Location Maps, Site Plan, List of Drawings 3 Symbols, Abbreviations 4 Grading Plan 5 Piping Plan 6 Civil Details 7 Civil Details 8 Mechanical Plan/Sections 9 Mechanical Sections/Details 10 Decking Skimmer Mechanical 11 Mechanical Details 12 Structural Plan/Sections 13 Structural Sections 14 Structural Details 15 Scum Pit/Center Well Details 16 Splitter Box Plan/Sections 17 Splitter Box Details 18 RAS Pump/Pipe Details 19 RAS Pump/Pipe Details 20 Electrical Site Plan 21 RAS Electrical 22 Clarifier/Skimmer Electrical 23 Electrical Details 98.885 cp 092299 Other Design Tasks a) b) C) d) B. Bidding Phase Specifications Surveying Project Administration, QA/QC City/DEQ Review, Revisions Keller Associates would assist the City in bidding and award as follows: • Provide 40 copies of pians and specifications for City distribution. These plans and specs are to be combined with the digester project. • Answer questions during bidding. • Prepare addenda as necessary. • Attend bid opening, review bids, and make recommendation for award. C. Construction Phase It is our understanding that the City will provide full-time inspection by City staff with weekly site visits by Keller Associates. It is assumed that a construction period of approximately 6 months will be required. During that period it is assumed that Keller Associates would visit the site and respond to questions, and provide clarification on the average of 3 hours per week, for approximately 5 months actual on-site work. In addition, Keller Associates would provide the following other construction services: • Review shop drawings. • Materials testing (compaction, concrete). • Recommendations for change orders. • Recommendations for payment. • Assistance in final inspection and project closeout. It is assumed that the City would provide general construction administration including approvals for change orders, pay estimates, etc. 98.885 cp 092298 CITY OF MERIDIAN CLARIFIER FACILITIES DESIGN Notice to Proceed The CONSULTANT shall not proceed with the work until receipt of a written Notice to Proceed from the OWNER which details the date that the CONSULTANT may start to work and the tasks authorized to be performed. It is assumed that this project will be combined and completed simultaneous with the digester and screen facilities project. 2. Time Schedule Once the CONSULTANT has received a written Notice to Proceed from the OWNER, work for the design of the secondary clarifier facilities is to be completed within one hundred twenty (120) days. 3. Basis of Payment CONSULTANT may, after actual work is started, submit an invoice for the total amount of work done and materials furnished by CONSULTANT and incorporated into the work to the end of the month in which the invoice is prepared. The amount to be paid by the OWNER to the CONSULTANT for the CONSULTANT's services rendered under provisions of the Agreement are estimated as attached and shall be as follows: a) Services for Clarifier Facilities Design shall be provided for the lump sum amount of $61,070.00. b) Remaining services described in paragraphs B and C are estimated as attached and shall be paid on an hourly rate basis in accordance with the below rate schedule. Payment shall be made by the OWNER to the CONSULTANT within thirty (30) days of the date of the invoice. KELLER ASSOCIATES, INC. HOURLY RATE SCHEDULE (PHASES D and E) Classification Principal -in -Charge (Keller) Project Engineer (Suihkonen) Structural Engineer (Kinzer) Engineer -in -Training Electrical Engineer (R2 Engineering — Boise) Designer Technician Secretary Indirect Costs Exceeding $250.00 98-885 cp 092298 Hourly Rate $88.00 $80.00 $80.00 $55.00 $60.00 $50.00 $35.00 $25.00 Actual Cost Plus 10% City of Meridian Secondary Clarifier Manhours 197025198-895 cp 092598 Project Consultant P.M. Structural Engineer Electrical Engineer Tech/ Designer Secretary A. DESIGN 1. Cover Sheet 1 2. Location Maps, Site Plan 4 3. Symbols, Abbreviations 1 4. Grading Plan 20 32 5. Piping Plan 20 32 6. Civil Details 12 16 7. Civil Details 12 16 8. Mechanical Plans/Sections 4 20 32 9. Mechanical Sections/Details 12 24 10. Skimmer Mechanical 1 12 16 11. Mechanical Detials 16 16 12. Structural Plans/Sections 4 40 24 13. Structural Sections 24 24 14. Structural Details 24 24 15, Scum, Well Details 32 24 16. Splitter Box Mecahnical 12 16 17. Splitter Box Structural 16 16 18. RAS Pump Details 24 19. RAS Pipe Details 16 U. Electrical Site Plan 2 20 16 21. RAS Electrical 2 20 16 22. Clarifier Electrical 2 12 12 23. Electrical Details 2 8 12 Other Design Tasks 1. Specifications 36 16 20 24 2. Surveying 16 3. Project Administration, QA/QC 8 8 16 4. Review/Revisions 8 8 24 SUB -TOTAL DESIGN 24 236 152 80 414 40 B. Bidding Phase 1. Distribute Plans 4 2. Answer Questions 8 4 3. issue Addenda 4 4 4. Construction Estimate 8 5. Bid Award 4 4 SUB -TOTAL BIDDING 0 24 0 4 0 12 C. Construction Phase 1. Periodic Inspection/Clarifications 4 60 8 8 2. Materials Testing 16 16 197025198-895 cp 092598 City of Meridian Secondary Clarifier Manhours 3. Review Shop Drawings 16 8 4 4. Review Pay Estimates 12 5. Recommend Change Orders 12 4 6. Final Inspection/Close Out 4 8 4 4 7. Record Drawings 4 4 4 16 SUB -TOTAL CONSTRUCTION 8 112 32 24 32 8 TOTAL 1 32 372 1 184 108 446 60 197025198-895 cp 092598 PROJECT COST SUMMARY Indirect casts are estimated for printing, plans and specs, telephone, mileage, materials testing. 98-895 cp 092598 l'rojec# Consultant P. E. Structural Engineer Electrical Engineer Tech 1 Designer Secretary indirect Costs Total Cost $940.00 $85.00 $85.00 $60.00 $45.00 $25.00 A. Design B. Bidding Assistance C. Construction Assistance $3,360 1 $1,120 $20,060 $2,040 $9,520 $12,920 $2,720 $4,800 $240 $1,440 $18,630 $1,440 $1,000 $300 $200 $300 $500 $1,000 •61,070 $3,080 $17,440 TOTAL $4,480 $31,620 $15,640 $6,480 $20,070 $1,500 $1,800 $81,590 Indirect casts are estimated for printing, plans and specs, telephone, mileage, materials testing. 98-895 cp 092598 T H E A M E R I C ON AIA Document B141 A R C H I T E C T S Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the 1 A1 C day of Nineteen Hundred and BETWEEN the Owner: 2A (Name and address) . and the Architect: (Name and address) For the following Project: 4 (lndude detailed description of Protect, location, address and scope.) The Owner and Architect agree as set forth below. 19 in the year of Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 6141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAs • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 28006 8141-1987 1 WARNING: Unlicensed photocopying violates U.S. copyrlgM laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shag review the program furnished by the Owner to ascertain the requirements of the Project and shag arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1, 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shag prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shag prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shag advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shag prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construo- tion of the Project. 2.4.2 The Architect shag assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shag advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction. Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shag not be unreasonably withheld. AIA DOCUMENT 0141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA° • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 VMFINING: Unlicensed photocopying violates U.S. cG"dght laws and Is subject to legal prosecution. B141-1987 2 a 2.6.15 The Architect shall interpret and decide matters con- ceming performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.18 interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When malting such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect esthe-tic.effect shag be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other [natters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided In the Contract Donunents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Crooner and Contractor, except for thoserelatingto aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents, ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 9 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- rutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites. AIA DOCUMENT 8741 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAa • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying vlulatm U.S. copyright laws and Is subject to legal prosecutlon. 8141-1987 4 0 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estj- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shag include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractors overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei. ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. S.2.2 No fixed limit of Construction Cost shag be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shag be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents in the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; 2 authorize rebidding or renegotiating of the Project within a reasonable time; • .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 if the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the con. tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a tiled limit, The Architect shag be enticed to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shag retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for informationandreference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shag not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration In accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after .the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made atter the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other [runner, an additional person or entity not a party to this Agreement, AIA DOCUMENT 6141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA° - ®1957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHINGTON, D.C. 20006 I WARNINOc Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B141-1967 6 0 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE .10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1 A Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used In connection with the Project. 0 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph It. I is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 if and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or emended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation Is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10A PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of 5 Dollars (1 shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: 6 (Msert basis of compensation, including stipulated sums, multiples or pero"ages, and identify pbases to wbicb particular methods of compensation apply, if necessary.) AIA DOCUMENT B141 r OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAa • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20086 WARNING: unlicensed pholacopying violates U.S. copyright laws and Is subject to legal prosecution. 8141-1987 8 0 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other seroiiw, (denafy Additional Services included witbtn Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 14 This Agreement entered into as of the day and year fust written above. (Signature) (Printed name and title) ARCHITECT (Solature) (Printed name and title) . 1 1 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT 0141 - OWNER -ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA° - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 13141-1987 10 WARNING: Unlicensed photocopying vldates U.S. copyright laws and Is subject to legal prosecution. MERIDIAN CITY COUNCIL MEETING: OCTOBER 20 1998 APPLICANT: ITEM NUMBER: 17-132 REQUEST: DEPARTMENT REPORTS —TOM KUNTZ — GENERATIONS PLAZA CONCEPTS AGENCY COMMENTS CITY CLERK: NO INFORMATION SUBMITTED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. z Q O O O CNII O ge o O d z Q O O O C7 O O O O d d d O 0 0 0 0 0 0 d O d O O 0 0 0 0 0 d (7 .9 i O O O O d d 0 d 0 0 0 O C] O O O O O d d 0 0 0 0 0 0 0 0 0 a O U� g 0 0 0 0 0 C7 0 0 0 0 0 0 0 LD 0 0 0 0 0 0© c LD O LD O O LD C7 0 co O Oj O w 0 V' W 0 0 0 0 LC) [Y 0 LC) 0 ti O O O O O O LC) O IT N LO 0 N O O U) Ch O M 0 Lo LO O 0 O Nr CO Er) N I-- M d d 0 0- O M r r r r 0 M O O CO co 64 64 H3 .,..: M r_ N C C6 C'7 N til lq N LCA Ln r= LCj 64 EA [fi 6c} Cf) - CA C6 M CV 64 6g T N r 64 69 64 63- G3� fA 63 64 r 64 r C!) 6H 613- Cl) E9 EA 09, Ni FA rFfi ;'.'.~. 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F ` U Z O uj O Z uj L li la- �CL ?. z Q LL lco u F ❑ CD 7 Ll. U) L IU U I-� l� �w w IJ P I` U3 1U) W -S IJ I I...3 E -i O O Ln O CD 0 0 0 JID ILII V r T T r �Cl 0 JCI 0 ILO ILO O JIT J(D O CD CO O r d' V V O N CO O O O O O Ep r r -F L Lo l- N f~ IT LO m C'7 T Q O a Z W J U) `r' n Oti ~�¢ F– w L d U Z �`i L�1 0 H O Q O �- Z Z Q Q wpm f- Jw�Q I Z� z © OFx L¢�LQ¢F¢ Cl) Cc Ir CL W z U)a-w❑�Q Q F -- C) F i— U Z Z U) H F - F - LFL! Ll_ ❑ co Q Z U3 2L��Zw¢Zw}LLJuj �wwz ❑� OFZ�U�UULLJ C)UUn U Og0—�� azo zz]C7zarz0 ❑-FOOO�OOQzwFOC3� �u.UU❑UUwwmcnUwIC) X z E O m cn Q IL w ILIL w w U) w w LU U U U� w ❑ F p Z z 0 0 c m CO co r Oj w w w F ` U Z O U) O Z L li la- �CL Z 4 Z4 j LL lco 0- ❑ 7 Ll. U) X III fV yIII •.( Ill pi W. I t 1 IV Z U 1 i 4 �� I u �1 6I .. 111 I. -� U �l 7 ❑ I 11 iY � y iii U U � I November 4, 1998 THE LAND GROUP, INC. M¢mber of Landscape Architecture • Site Planning • Environmental Planning • GIS 228 S. Eagle Road • Eagle, Idaho 83616 • Phone (208) 939-4041 • Fax (208) 939-4445 ASL A Mayor Robert D. Corrie City of Meridian 33 East Idaho Avenue Meridian, ID, 83642 Re: Fee Proposal Generation Plaza Dear Mayor Corrie, EXHIBIT B The following reviews the type and scope of services provided and the fees required for completion. Our contractual agreement is contemplated to be executed between City of Meridian and The Land Group Inc. SCOPE OF SERVICES (See exhibit D for Schematic Plan of project area) A. DESIGN DEVELOPMENT PHASE The Land Group shall prepare a refined Conceptual Site Plan for all project phases to define the character and essentials of the project. This phase is very important to communicate and combine all input from the owner's program elements and design criteria. This conceptual design plan shall. include all site spatial layout of program elements such as water fountain, pedestrian pavements and circulation, site structural element locations, site furniture and landscape. This accurate plan is to be reviewed and commented on by the owners and other governmental agencies. These drawings will further be utilized as base sheets to the Construction Documentation. The Land Group's basic service consists of items as described in the AIA Document B141, Paragraph 2.3. B. CONSTRUCTION DOCUMENTATION Upon approval of the design developments plans, The Land Group and design team will develop working drawings and technical sections of specifications to construct the work. In developing working drawings and. specifications, The Land Group shall coordinate its services with those of other consultants to maintain a construction budget in accordance with the preliminary design estimate of probable construction cost. The Land Group's basic service consists of items as described in the AIA Document B141, Paragraph 2.4. CONSTRUCTION DOCUMENTATION SCHEDULE: The Land Group and design team will provide the following services for all phases of the park project . 1. SITE LAYOUT Including final location, sizing and layout of site element items, pedestrian circulation, site structural elements, landscape and site furnishing. We will also coordinate with the design team consultant items such as lighting, power, sewer and potable water. 2. SITE DETAILS The Land Group will provide complete site detailing for all related construction items including but not limited to the following site details; a. Concrete paving, pavers, walls and seating walls. b. Pedestrian circulation and pavements such as pathways, sidewalks, steps, ramps, handrails, etc... C. Site furniture such as benches, trash receptacles, planter pots etc. d. Lighting. C, Columns 3- GRADING PLAN The Land Group will provide finish grading and surface drainage of exterior hardscape and softscape elements on the site. We will direct surface drainage to designated sub -surface catch basins, surface retention basins or approved off-site drainage facilities. 4. GRADING DETAILS Provide and coordinate details required for final grading and drainage. 5. SITE UTILITIES The design team engineers will provide site utilities such as power, lighting, and potable water. b.LANDSCAPE PLAN Provide landscape design including specific plant material, layout, plant sizes and details. This planning will also include revegetation and erosion control at appropriate dryland areas. 7. IRRIGATION PLAN Provide irrigation design for all landscape areas including details from mainline point-of- connection. oint-ofconnection. Irrigation design to include head layout, lateral lines & zoning, valve placement, mainline and control wire routing, controllers, along with all necessary schedules and legends. &SPECIFICATIONS The Land Group will provide project specifications for binding instruction and clarification to working drawings for contractor / designer / owner clarification. C. BIDDING OR NEGOTIATION PHASE The Land Group, following the Owner's approval of the Construction Documents and of the latest prelinainary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. D. CONSTRUCTION ADMINISTRATION PHASE The Land Group will provide the basic services as described in the AIA Document B141, Paragraph 2.6. FEES AND TERMS Construction Documents and. Bidding Phase .................................. $7,800.00 Construction Administration ............................................... $2,650.00 Consultants BriggsEngineering .................................................. $450.00 Fountain Technology and Design, Inc ................................ $1,850.00 TOTAL. FEE FOR SERVICES DESCRIBED ABOVE ............... $12,750.00 Total Donated Services provided by The Land Group at this date: 63.0 hours @ $65.00/hr............................................. $4095.00 Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work completed. I��[�.`�1Ei71;.lIfLC�lli17 _1 1. Site Surveying 2. Geotechnical investigation report and geotechnical field observations. 3. Construction Management 4. Off site street improvements 5. Construction Quality Control Testing F. ADDITIONAL SERVICES When specifically requested, work not described above shall be performed as additional services as per AIA document B141-1987 Article 3. G. REIMBURSABLE EXPENSES Reimbursable Expenses shall be as per ATA document B141-1987 Article 10 sections 10.2 through 10.2.1.6. H. ASSUMPTIONS The assumptions listed below were fundamental in determining the appropriate fee for the scope of work proposed in this section. Significant deviations from these assumptions could materially impact the actual fee incurred under the above scope. The assumptions include: Prior to the actual beginning of work, The City of Meridian and The Land Group will jointly define the extent of the Scope of Work and standards to be utilized for the duration of the project. Completion of individual tasks will take place in an orderly fashion. Submittals required by the Architects or Owners will respect a time table jointly established with The Land Group prior to the beginning of work. COMPENSATION FOR SCOPE OF SERVICES Compensation for additional services shall be on a time and expense basis in accordance with the following: PRINCIPAL LANDSCAPE ARCHITECT $75.00 per hour PROJECT LANDSCAPE ARCHITECT $65.00 per hour PROJECT DESIGNER $55.00 per hour PRODUCTION MANAGERICADD $45.00 per hour CLERICAL $25.00 per hour Fees for Professional Services shall be billed monthly for progress payment based upon percentage of work completed. Reimbursable Costs shall be billed with fee invoices. Thank you for the opportunity to work with you on this project. Should you have any questions or need additional information, please call. If this proposal meets with your approval, please sign below and return one copy for our files. Sincerely, THE LAND GROUP, INC. David Koga, ASLA City: By: Title: Date: gener. pro T H E A M E R I C i N I N S T I T U T E AIA Document B141 O F A R C H I T E C T S ;r /4 iForm of Agreement Between Owner i Architect THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. , VIPAIXIAM glade as of the 1 A day of Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Architect: 5 (Name and address) For the following Project: 4. (include detailed description of Project, location, address and scope.) The Owner and Architect agree as set forth below. m in the year of Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, O 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA OMMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIAO O ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200o6 8141-1987 1 WARNING: Unllcensed photocopying violates U.S. copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 eased on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2,5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner In obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work. 2.6.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DMUMENT 13141 a OWNER -ARCHITECT AGREEMENT e FOURTEENTH EDITION C AIAO 6 ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2ool)6 WARNING-, Unlicensed photocopying violates U.S. copyright taws and Is subject to legal prosecution. B141.1987 2 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3,2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document 13352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner. ' 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- ity, complexity, the Owner's schedule, or the method of bid. ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen. tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number Of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or Com- parative studies of prospective sires. AIA DOMMENT 8141 • OWNER -ARCHITECT AGREEMENT s FOURTEENTH EDITION - AEA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S, copyright Iatirdss and Is subject to legal prosecution. B141-1997 4 ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Con- tractor's overhead and profit. In addition, a reasonable allow- ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shat[ be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to (educe the Construction Cost. 5.2.5 if the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fated limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not he used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction Industry Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AtA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • FOURTEENTH EDITION a AIA® a ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 c WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 6 the specific information considered by the Owner to be confi- dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified in the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project, 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 115.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of 5 Dollars ($ shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows - (Ins -err Bases of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary,) AIA DOCUMENT B141 C OWNER -ARCHITECT AGREEMENT a FOURTEENTH EDITION a AIA® a ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING. Unlicensed photocopying violates U.S. copyright lases and is subject to legal prosecution. ®141_1987 8 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) ARCHITECT (Signature) (Printed name and title) I 1 CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT 8141 a OWNER -ARCHITECT AGREEMENT a FOURTEENTH E©ITION V AIA" • 01987 THE AMERICAN iN5TITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20066 5141-1987 10 WARNING: Unlicensed photocopying violates U.S. copyright Eaves and Is subject to legal prosecution. EXHIBIT A STANDARD FORM OF AGREEMENT BETWEEN LANDSCAPE ARCHITECT AND OWNER 1987 EDITION I, Robert D. Corrie, Mayor, as an authorized agent for The City of Eagle, have received and reviewed a copy of the "AIA STANDARD FORM OF AGREEMENT BETWEEN OWNER AND LANDSCAPE ARCHITECT 1987 EDITION THAT HAS BEEN ENUMERATED TO COINCIDE WITH THIS EXHIBIT A. Below are the responses enumerated to correspond with the form listed above and with said form. IA. Fourth IB. November 1C. Ninety-eight 2. CITY OF MERIDIAN 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 3. THE LAND GROUP, INC. 128 SOUTH EAGLE EAGLE, IDAHO 83616 4. See Exhibit B. 5. N.A. 6. Compensation shall be a Fixed Fee: Twelve_ thousand, seven hundred �r,.fifty dollars.. $12,'50.00 7A. Schematic Design Phase NA 7B. Design Develop Phase percent (20%) 7C. Construction Documents Phase percent (55%) 7D. Bidding or Negotiation Phase percent (05%) 7E. Construction Phase percent (20%) 8. Compensation for project representation beyond basic services will be negotiated prior to additional services being provided and must be approved in writing from the Owner prior to commencement. EXHIBIT A - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT (Initial) 9A. Principal $75.00 9B. Project Landscape Architect $65.00 9C. Project Designer $55.00 9D. CAD/ Draftperson $45.00 9E. CIerical $30.00 10A. One point one -five 1013. 1.15 11A. One point one 11B. LI 12A. Twelve 12B. 12 13A. Thirty 13B. 30 13C. Thirty 13D. 30 13E. Service charge of one point five (1.5) percent of invoice amount per month. 14. ARTICLE 12 OTHER CONDITIONS OR SERVICES Change the word "Architect" to "Landscape Architect" throughout this document. 12.2 In Paragraph 2.6.12, change the following: in the first sentence delete the words "and approve". In the fifth sentence, delete the word "approval" and replace with the word "review". 12.3 Change in 2.6.14, change the word "receive" to "review" for compliance with the Contract Document requirements. 12.4 Change in 2.6.19 change the word "shall" to "may". 12.5 Delete paragraph 3.4.16 and include the following as part of Basic Services: The Landscape Architect will review a set of reproducible record drawings showing significant changes in the work made during construction as furnished and modified by the General Contractor. 12.6 Change the following in 7. 1, delete the word "shall" and in its place add the word "may" upon agreement between the parties. EXHIBIT A - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT (Initial) 12.7 The Landscape Architect and consultants will carry errors and omission insurance for this work. The liability of the Landscape Architect to the Owner for damages will be limited to the total fee for the work. A Certificate of Insurance naming the Owner as an additional insured will be provided. 12.8 With specific respect to design requirements of the American with Disabilities Act of 1990 (ADA), the Owner understands that interpretation of ADA is a legal issue and not a design profession issue and, accordingly, the Owner agrees to waive any action against the Landscape Architect or consultants and to indemnify and defend Landscape Architect against any claim. 12.9 The foIIowing are services that are normally charged as extras in the Standard AIA Architect Agreement that are included under the Basic Fee quoted: a. Job site observations during construction. b. Creating with the Owner a Design Program. c. PIanning for future expansion. d. Assist with planning of Owner -furnished equipment. e. Providing detailed estimate of construction costs prior to bidding. f. City submittals and meetings. g. Evaluating substitutions requested by Contractors. h. Processing Construction Change Orders (non -Owner initiated) I. Assist in the start-up and training of Owner personnel. j. Travel and phone expenses. k. Assist Owner in making sure that all problems during one-year warranty period are corrected by Contractor. EXHIBIT A - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT (Initial) ri -0v -0 U) m.omr)�narrnvnCsn[�nc)oc7t) � ne m(D0 O a9 O L3T ��nmc�0zxr Z Z Z (� r Z fl- U) E )CZmZ(,�CZIZZZZZ�ZrCr 00-3mz>w000co n000� _ bCOX�Zuf W m>>0 p D r O z #: -I m -i m -� m — 4 c O S i m m O�� u� D ) T, -gym -- o R C7 m m � D� C ma �'� D OnOn� x1 < � C z� z- -{ rn- �{ Z O cn r T c —3 C7 c n x1 r:.;;,-..:. -::»<:::>>:s;;:;; :;,`.... ,%2:r n r PTi x7Xx1O Xg 1 Mm I m m m m -1 rn -i m wZcoznXs m 2: -i :;<:>;;» vs' nnm� w� azn�-ZimD Onzm JT lmmmmm�m ODnG)Qmm Lb's z OOm zzN� m O o m rD rye ❑m MF>Mmwol�-u D -iyDocDDrm (n z �1 m��X�©z nm <>s m �cDC7 m CmrnCC�aI a Oam o Om r� H>' m m D Z r D m a -1 v7 0 r O a to r 0 0a� m m m C T c Z 0 � z w p v rI N rn - D Gi Orn O :f'if3i2.`;az!s:rr m '� C] m « 0 ><' #5 ri) << 111 ? i� � !: :'•, i ."'.. - �l A W C3 (h Ch Cn 0 C7 C7 �l 0 C7 v 0 C7 A 41 Cll V N 0 N [la 0 --� Cl o hl O O V O Ch 4 o Ul g ,.pp .p t77 ? (WTF [A O O N O _% .A M> 2 m m m m W7 W r r r r• r rn U) m W U) r r T r m r r 'n r f/) r: s• if2: 5'> i> n n a o T T T T VJ U1 U) {n fn D T T T T T T T n iA UI . T T (n t 69 A ffl 69 69 CR t Ul [SI N W V CJ ; CTI o :i O �l cn O f� �N.. O 64 W O ffl O fA o ffl 0 ffi 0 O o 0 �-�• 0 O O 0 0 O 0 O D 0 O O 0 Q CFl 69 Cb f� 6�9 O 69 N O ff1 .A 64 N ffl Q3 m 69 v C9 O o O QI 0 O O 0 O 69 CA ffl 01 � A fel C] fn N f» O 0 0 O "'� c 0 YA O 0 N M O O O O N M GI M 1 CA m O 0 O 0 O 0 O O 0 O 0 0 0 0 0 0 0 Cn 0 0 0 if 0 0 0 0 Ln 0 U7 0 o 0 0 0 0 0 0 0 0 0 0 0 O o b— O o (ft 0 0 0 A 6�+ s} `� fA En 6A9 Cll G f.J3 ifl Cil ffl N E� EA 17F &�4 fA N [fi FA W 69 EA Ll N Nom` L1 ffl ffl A Ul W A . W O W o ffl O �9 0 �9 j9 69 O O d p O 9 VP p bq D y3 0 0 0 N 0 0 A A OO O �l -^ O b9 0 Hf fA Q io d (D O P O •� p .01 C0J1 Cn (on d O; O O O O 00 O C07 L07 C07 000 0 0 0 0 0 b 0 0 0 0 0 4 C3 00001010101 0 0 8100100 0 0 ` CITY OF MERIDIAN ORDINANCE NO. e697 BY COUNCIL MEMBER lbetll - 161��' AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING CHAPTER 10, TITLE 11, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND AMENDING TITLE II BY THE ADDITION THERETO OF A NEW CHAPTER 10 PROVIDING FOR THE ADOPTION OF THE 1997 UNIFORM FIRE CODE AS AMENDED WITH CHANGES, THE ADOPTION OF APPENDICES, AND ADDING THERETO THAT A VIOLATION OF ANY DUTY OR PROHIBITION IMPOSED IS DEEMED PUNISHABLE AS A MISDEMEANOR. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: That Chapter 10 of Title II of the Revised and Compiled Ordinances of the City of Meridian be and the same is hereby repealed. SECTION 2: That Title 11 of the Revised and Compiled Ordinances of the City of Meridian be amended and the same is hereby amended by the addition thereto of a new Chapter 10 to be known and designated as Sections 2-1001, 2-1002, 2-1003, 2-1004 and 2-1005 of the Revised and Compiled Ordinances of the City of Meridian to provide as follows: 2-1001: ADOPTION OF 1997 UNIFORM FIRE CODE: There is hereby adopted by the Mayor and the City Council of the City of Meridian, County of Ada, State of Idaho, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code and Standards known as the UNIFORM FIRE CODE, including Appendix Chapters I1 -A, II -F, li-J, 111-A, 111-13, V-A, VI -A, VI -E, and the UNIFORM FIRE CODE STANDARDS published by the International Fire Code Institute, being particularly the 1997 edition thereof and the whole thereof, save and except such portions as hereinafter deleted, modified or amended by Section 2 of this Chapter, three (3) copies of which have been and are now on file in the office of the Meridian City Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date in which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Meridian, County of Ada, State of Idaho. UNIFORM FIRE CODE REPEAL AND RE-ENACT 21002: AMENDMENTS FADE TO THE UNIFORM FIRE CODE: (1) Section 103.1.4 Uniform Fire Code be and the same is amended to provide as follows: Section 103.1.4 APPEALS. To determine the suitability of alternative materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a Board of Appeals consisting of five (5) members who are qualified by experience and training to pass upon pertinent matters. The Chief shall be an ex -officio member and shall act as secretary of the Board. The Board of Appeals shall be appointed by the executive body and shall hold office at their pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the Fire Chief with a duplicate copy to the appellant. The Board of Appeals shall have no authority relative to interpretation of the administrative provision of the code, nor shall the Board be empowered to waive requirements of this code. (2) Section 103.3.2.1 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 103.3.2.1 NEW CONSTRUCTION AND ALTERATIONS. Approval as a result of plan reviews shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Plan reviews presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. (3) Section 104.3.2 UNIFORM FIRE CODE be and the same and is amended to provide as follows: Section 104.3.2 RECORDS RETENTION. The fire department shall retain for not less than five (5) years a record of each investigation made showing the cause, the findings and disposition of each investigation. (4) Section 105.8 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 105.8 PERMIT REQUIRED. A permit, if required by the local jurisdiction, shall be obtained from the designated official prior to engaging in activities requiring a permit from the local jurisdiction. (5) Section 204-C UNIFORM FIRE CODE be and the same is amended to provide as follows: UNIFORM FIRE CODE REPEAL AND RE-ENACT Section 204-C. DEFINITION OF CHIEF. Chief is the chief of the fire department serving the jurisdiction, the Chiefs authorized representative, or as appropriate the Idaho State Fire Marshall. (6) Section 1001.5.2 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 1009.5.2 INSPECTION AND TESTING. The Chief is authorized to require periodic inspection and testing of fire sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke removal systems and other fire protection or fire extinguishing systems or appliances. Section 1001.5.2.01 Systems Shall be Inspected and Tested as Follows: a. Automatic fire extinguishing systems shall be inspected and tested at least annually, see the current edition of National Fire Protection Association Standard 25. b. Fire alarm systems shall be inspected and tested at least annually, see the current edition of National Fire Protection Association Standard 72. C. Standpipe system shall be inspected and tested at least every five years, see the current edition of National Fire Protection Association Standard 25. Section 1001.5.2.02 An owner of a property or the authority having jurisdiction may establish a more stringent inspection and testing schedule. Section 1001.5.2.03 EXCEPTIONS: a. Automatic fire extinguishing equipment associated with commercial cooking operations when in compliance with Section 1006. b. Systems in high rise buildings when in compliance with Section 1001.5.4. Section 1001.5.2.04 All inspection and test reports shall be sent to the Chief by the contractor (person) doing the maintenance or inspection. Reports of inspections and tests shall be maintained on the premises and made available to the Chief when requested. UNIFORM FIRE CODE REPEAL AND RE-ENACT 3 (7) Section 1003.1.1 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 1003.1.1 INSTALLATION REQUIREMENTS. Fire extinguishing systems shall be installed in accordance with the Uniform Fire Code and the current appropriate edition of the National Fire Protection Association Standards. (8) Section 1003.1.2 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 1003.1.2 STANDARDS. Fire extinguishing systems shall comply with the Uniform Fire Code and the current appropriate edition of the National Fire Protection Association Standards. (9) Section 1003.2.9 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 1003.2.9 GROUP R, DIVISION 1 OCCUPANCIES. An automatic sprinkler system shall be installed throughout apartment houses three or more floors in height or containing 06 or more dwelling units, in congregate residence three or more floors in height and having an occupancy load of 20 or more in hotels, three or more floors in height or containing 13 or more guest rooms. Residential or quick -response standard sprinklers shall be used in dwelling units and guest room portions of the building. For purposes of this requirement, and determining the number of floors, the word "floors" include those floors that are below surface grade, at surface grade, and those above surface grade. (10) Section 1007.1.1 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 1007.1.1 APPLICABILITY. Fire alarm systems shall be installed and maintained in accordance with the Uniform Fire Code and the current edition of National Fire Protection Association Standards 72. (11) Section 1007.3.1 UNIFORM FIRE CODE be and the same is amended to provide as follows: 1007.3.1 DESIGN STANDARDS. Fire alarm systems, automatic fire detectors, emergency voice alarm communication systems and notification devices shall be designed, installed and maintained in accordance with the Uniform Fire Code and the current edition of National Fire Protection Association Standards 72. UNIFORM FIRE CODE REPEAL AND RE-ENACT 1007.3.1.01 NOTIFICATION DEVICES. When fire alarm systems not required by the Uniform Fire Code are installed, the notification devices shall meet the minimum design and installation requirements for systems which are required by this code. Intent: (Non -required fire alarm systems shall provide the same level of occupant notification that required systems provide). 1007-3.1.02 Partial or Limited Detection Systems are allowed. If notification devices are provided, they must meet Subsection 1007.3.1.01 above. (12) Article 78 — FIREWORKS AND PYROTECHNIC SPECIAL EFFECTS MATERIAL, UNIFORM FIRE CODE be and the same is amended to provide as follows: ARTICLE 78 — FIREWORKS AND PYROTECHNIC SPECIAL EFFECTS MATERIAL. Delete Section 7801.3 through 7801.3.1.2, and Section 7802.1 through 7802.4.3 (13) Section 7902.1.7.2.3 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 7902.1.7.2.3 UNDERGROUND TANKS OUT OF SERVICE FOR ONE YEAR. Upon approval of the Chief underground tanks that comply with the performance standards for new or upgraded underground tanks set forth in Title 40 Section 280.20 or 280.21 of the Code of Federal Regulations may remain out of service indefinitely so long as they remain in compliance with the operation, maintenance, and release detection requirements of the federal rule. (14) Section 8003.3.1.3.5.1 UNIFORM FIRE CODE be and the same is amended to provide as follows: Section 8003.3.1.3.5.1 TREATMENT SYSTEMS. Upon approval of the Chief, emergency response kits recommended by the Chlorine Institute may be used for chlorine gas product leaks in lieu of the treatment system requirements of this section, as long as there are adequate responders immediately available, who are trained in their use and acceptable to the Chief. (15) Section 101.8 UNIFORM FIRE CODE be and the same is amended to provide as follows: UNIFORM FIRE CODE REPEAL AND RE-ENACT 5 Section 101.8 REFERENCES TO APPENDIX. When this code references the appendix, the provisions of the appendix shall not apply unless specifically adopted. The following appendices of the UFC are adopted: 01. Appendix II -A. Suppression and Control of Hazardous Fire Areas. 02. Appendix II -F. Protected Aboveground Tanks for Motor Vehicle Fuel Dispensing Stations Outside Buildings. 03. Appendix I1 -J. Storage of Flammable and Combustible Liquids in Tanks Located within Below Grade Vaults. 04. Appendix 111-A. Fire Flow Requirements for Buildings. 05. Appendix III -B. Fire Hydrant Locations and Distribution. 06. Appendix V-A. Nationally Recognized Standards of Good Practice. 07. Appendix VI -A. Hazardous Materials Classifications. 08. Appendix VI -E. Reference Tables from the Uniform Building Code. 2-1003: SAVINGS CLAUSE: Nothing in this Chapter or in the Uniform Fire Code as adopted and amended herein shall be construed to affect any suit, action, or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Chapter. 2-1004: PENALTIES: (1) A violation of this Chapter is hereby declared to be a misdemeanor and any person who violates any of the provisions of this Chapter or of the Uniform Fire Code as adopted and amended herein or fails to comply herewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the Board of Appeals as provided for under Section 103.1.4 of the Uniform Fire Code or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and non- compliance, respectively, be guilty of a misdemeanor punishable by fine of up to three hundred ($300.00) dollars or by imprisonment for a maximum of six (6) months or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. (2) The application of the above penalties shall not be held to prevent the UNIFORM FIRE CODE REPEAL AND RE-ENACT enforced removal of prohibitive conditions. (3) Whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this Chapter, the City Council may institute a civil action in the district court to enforce compliance with this Chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this Chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. The City Council shall not be required to furnish any bond in said civil proceeding. 2-1005: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Chapter or of the Uniform Fire Code as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Chapter independent of the elimination herefrom of any portion as may be declared invalid. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 4: This Ordinance shall take effect within one (1) month after its passage and publication, according to law. PASSD BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of . /( 0 Vey -&Y- , 1998. APPRO ED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 04 day of velp bei- , 1998. June 30,1998 Mayor Robert Corrie and City Council Members, At this time the Fire Dept. would like to adopt the 1997 Uniform Fire Code with changes to comply with the State's requirements. The Fire Dept. will help in the changes in the code assist in any other way we can. Thank you for your time and assistance. I.W. Bowers R.L.�Toss Fire Chief Fire Marshal 1 � Y: 4el Zq, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with MOORE OR LES, INC., an Idaho Company, and RONALD L. CROW, party of the second part, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, ;,:.3 BE RESOLVED B MAYOR D CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with MOORE OR LES, INC., an Idaho Company, and RONALD L. CROW, party of the second part, entitled "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE OR LES, INC. AND RONALD L. CROW FOR STERLING CREEK SUBDIVISION PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this -1�5 day of /®�� , 1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of V1,44- , 1998. ATTEST: CITY CLERK 091598 -FINAL RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MOORE OR LES, INC. AND RONALD L. CROW FOR STERLING CREEK SUBDIVISION BY: Z fL,72 A��t"� ��vn BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY !f 8MERIDIAN,IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with Local #2311 International Association of Fire Fighters, denoted as "COLLECTIVE LABOR AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. THEREFORE, � °�'s 3 ��s :w' � RESOLVED `s. � £ 5 g�: THE MAYOR °V 3 i off'^ NOW, : a ? �. =!i a �a R a ° a!" ?,' ,ri°`a 8 ; s RAND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into on behalf of the City of Meridian that certain agreement with Local #2311 International Association of Fire Fighters, entitled "COLLECTIVE LABOR AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE LABOR AGREEMENT WITH LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 1."ASSED BY TTIE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,thisl:. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, ,r ��_�dl4� C t}4,kjj$raar CiF A b 1JFrl133FS34t144� RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2 CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE LABOR AGREEMENT WITH LOCAL #2311 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS t �' AGREEMENT The City e` Meridian and the Meridian Rural Fire District, hereinafter collectively referred to as the DEPARTMENT, and Local 92311 International Association of Fire Fighters, hereinafter referred to as UNION, in order to increase general efficiency in the Fire Department, to maintain existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being of the members of the Fire Department, hereby agree as follows: ARTICLE 1- RECOGNITION Pursuant to Title 44, Chapter 18, Idaho Code, the DEPARTMENT recognizes the UNION as the exclusive bargaining agent for all full time paid employees of the Fire Department except management personnel and volunteers. ARTICLE 2 - DISCRIMINATION There shall be no discrimination against, intimidation or harassment of any employee by either the DEPARTMENT, EMPLOYEE, the UNION or any member acting on behalf of the UNION, because of the employee's membership or non- membership in the UNION or by virtue of his/her holding office or not holding office in the UNION. The DEPARTMENT and the UNION agree that neither shall discriminate against any employee or prospective employee with respect to his/her compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin or other factors which do not constitute bona fide occupational requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this 4rticle. ARTICLE 3 - PREVAILING RIGHTS All rights, privileges, and benefits held by the firefighters at the present time which are not included in this contract shall remain in force unless change is agreed to by both parties. The Fire Chief may change or cancel any right, privilege or benefit when he/she deems it in the best interest of the Fire Department. Any change or cancellation of any right,'privilege or benefit that is done for harassment, retaliation, without just cause or applied unfairly shall be subject to the grievance procedure. AGREEMENT -1 ARTICLE 4 - UNION JES, FEES and ASSESSMENT CE -'K OFF The EMPLOYER agrees to deduct authorized union dues, fees and assessments in amounts specified by the authorized officer of the UNION, from the pay of the bargaining unit employees upon writteii authorization. The EMPLOYER further agrees to transmit those amounts monthly to the UNION. The UNION agrees to certify to the EMPLOYER the amount of authorized dues, and fees and. assessments. ARTICLE 5 - STRIKES Upon the consummation and during. the term of this Agreement, no member of the Fire Department covered by this agreement shall strike or recognize a picket line of any labor organization while in the performance of his/her official duties, in accordance with Idaho Code Section 44-1811 ARTICLE 6 - UNION ]BUSINESS Firefighters elected to Union office shall be granted time off to attend functions, conventions and seminars within the State of Idaho, provided that the Fire Chief is given seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's Contract Negotiation Committee shall be allowed time off either with leave without pay, vacation time or compensation time at the employee's discretion, for all meetings with the DEPARTMENT for contract negotiations which shall be mutually set by the DEPARTMENT and the UNION. ARTICLE 7 - PERSONNEL REDUCTION OR RESTRUCTURING In case of personnel reduction, the member with the least seniority shall be released fust. No new employees will be hired until the furloughed members have been given the opportunity to return to work. If at any point a restructuring causes a decrease in an employee's rank as justified due to Fire Department adjustments, that person will assume the next available opening in that rank. Seniority shall prevail in all cases. Seniority being equal: skills, qualifications and abilities are the determining factors. The DEPARTMENT shall be the sole judge of skills, qualifications, and ability. ARTICLE g - RULES and REGULATIONS The rules, regulations and policies of the DEPARTMENT relating in any way to wages, hours and/or other terms and conditions of employment shall be made a part of this agreement. All such rules, regulations and policies shall be subject to change with mutual consent by both parties. AGREEMENT -2 ARTICLE 9 - IINSM CE During the term of this Agreement, the DEPARTMENT shall pay the current premiums for policies of health and accident, workmen's compensation, dental and life insurance providing coverage to f:efighters equal to or greater than that coverage in policies in existence as of the effective date of this Agreement. The Firefighter will pay the current prevailing premium of the family Medical plan and the family Dental plan. ARTICLE 10 - SACK LEAVE Any employee incurring a non -duty sickness or disability which renders' him/her unable to perform his/her duties shall receive sick leave with full pay within his/her accumulated sick leave time. The suppression employee can accrue six (6) hours per month for the year 1998. For the year 1999 sick leave will increase to eight (8) hours per month. The maximum time accumulated shall be 5760 hours. Any employee whose employment with the DEPARTMENT is discontinued shall be paid at his/her regular wage rate for 15% of his/her accrued sick leave. Any employee unable to perform his/her duties for more than three (3) consecutive shifts due to non -duty sickness or disability shall be required to provide medical documentation from his/her attending physician. Forty (40) hour employees shall accrue four (4) hours per month. The maximum time accumulated shall be 2400 hours. ARTICLE 11- INJURY LEAVE Whenever an employee is incapacitated on the job, he/she shall be entitled to injury leave with full pay which includes the wage scale in APPENDIX A, during the period in which he/she is unable to perform his/her duties or until such time as he/she has been accepted for retirement by the current retirement system. The period of injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation benefits received by the member for total or partial temporary disability during the employee's injury leave with full pay shall be turned over to the DEPARTMENT. All employees shall be subject to an examination by a Doctor acceptable to the DEPARTMENT. Whenever a full-time employee is unable to perform his/her FULL DUTIES as a result of a "LINE OF DUTY" injury or illness, he/she may be required to report to work in a LIGHT DUTY status if management determines that light duty work exists or is available at that time. Management has the right to determine if light duty work exists. Assigned LIGHT DUTY shall be strictly limited to instructions provided by the sickiinjured employee's medical doctor regarding his/her physical and/or mental status. He/she must provide a doctor's release to the Chief or his/her designee stating what functions he/she is able to perform, and for how long (hours per day or per shift, days or shifts per month, etc.). Assigned LIGHT DUTY shall in no way endanger, aggravate or prolong the full physical and/or mental recovery of the sicklinjured employee. AGREEMENT -3 LIGHT DUT _ hall in no way affect the existing vaca,.—n, holiday, sick leave or other benefit accrual as previously agreed to or provided for by this agreement or by past practice of the management. ARTICLE 12 - VACATION 1. All twenty-four (24) hour shift employees covered by the terms of this Agreement shall accrue paid vacation leave on a monthly basis according to the following schedule: 1998 6 hours/month a. One to two (1-2),years of service 4 hours/month b. Three to nine (3-9) years of service 8 hours/month c. Ten to fourteen (10-14) years of service 12 hours/month d. Fifteen (15) and up years of service 16 hours/month 1999 a. One to two (1-2) years of service 6 hours/month b. Three to nine (3-9) years of service 10 hours/month c. Ten to fourteen (10-14) years of service 14 hours/month d. Fifteen (15) and up years of service 18 hours/month Maximum hours accrued shall be 432. Any amount over the maximum will be lost. 2. All eight (8) hour per day/ forty (40) hour per week employees covered by the terms of this Agreement shall accrue paid vacation Ieave on a monthly basis according to the following schedule: a. One to two (1-2) years of service 3.33 hours/ month b. Three to nine (3-9) years of service 6.66 hours/ month c. Ten to fourteen (10-14) years of service 10 hours/ month d. Fifteen (15) and up years of service 14 hours/ month Maximum hours accrued shall be 250. Any amount over the maximum will be lost. Vacation will accrue, but may not be taken during an employee's first year of employment. Any employee whose employment with the DEPARTMENT is discontinued for any reason shall be paid at his/her regular wage rate for all accrued and accumulated vacation. AGREEMENT -4 Employees sh, be entitled to bid for vacation leave a,_ .cding to seniority. The DEPARTMENT shall determine the vacation schedule, taking into consideration seniority and the desires of employees. The vacation list will be circulated beginning September 1, and seniority considerations shall prevail until December 31' of each year. INCIDENTAL LEAVE Incidental leave is defined as vacation Dave not previously scheduled during yearly vacation scheduling planning. Incidental leave may be granted at the sole discretion of the management of the DEPARTMENT and must be taken in not Iess than four (4) hour increments. HOLIDAYS All employees shall accrue -,and receive eight (S) hours paid leave far each of the holidays listed below. All holiday time shall be in addition to the employee's vacation leave. All 24 hour shift employees shall have the holiday leave added to their vacation Ieave. All employees shall be entitled to ten (10) holidays per year as Iisted below: NEW YEAR'S DAY PRESIDENT'S DAY VETERAN'S DAY INDEPENDENCE DAY MEMORIAL DAY LABOR DAY COLUMBUS DAY THANKSGIVING DAY CHRISTMAS DAY CIVIL RIGHTS DAY ARTICLE 13 - RELIEF PERSONNEL The DEPARTMENT will provide qualified relief personnel with full-time employees Monday though Friday, if possible. Part-time peronnel will be used first choice on weekends, if possible. Sufficient relief personnel shall be used to maintain normal coverage of each shift period of vacation, holidays, sick leave and fire related education. ARTICLE 14 - VACANCIES Any unfilled position caused by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article and maintain a hiring list to be renewed every two (2) years. ARTICLE 15 - PROMOTIONS Eligibility tests for promotion and newly created positions shall be based on examinations given, with consideration for seniority. Seniority for promotions will be one AGREEMENT -5 (I) point per year of s .lice up to a maximum of ten (10) poir k-. fo be considered for promotion the employee must have served one continuous year in the previous position. Examinations will be given once a year for all positions up to and including Driver; and will be given in the month of April each year. For the positions of Officers, the examination will be given every two (2) years during the month of April. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list fog that position, a special test may be given, by mutual consent of both parties to fill the vacancy/opening. All examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT M shall be the sole judge of skills, qualifications, and ability. ARTICLE 16 - GRIEVANCE PROCEDURE Disputes or differences arising between the DEPARTMENT and the UNION and/or individual members of the Fire Department as to the meaning or application of any provision of this Agreement or of the Rules and Rcgulations of the Fire Department relating in any way to employees' wages, hours and/or other terms and conditions of employment shall be settled in the manner provided herein. For the purpose of this provision, such a dispute or difference shall be referred to as a "Grievance". Step One: Any employee who has a grievance shall notify the Union Grievance Committee in writing within ten (10) business days from the date of the grievance, or ten (10) business days from the time the employee, through reasonable diligence, should have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, shall within the next ten (10) business days determine'if the grievance has merit. If in its opinion, the grievance does not have merit, no further action shall be necessary. Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION shall present the grievance in writing to the Fire Chief within ten (10) business days after their decision. All parties to such discussion will make a good faith effort to resolve the grievance. The Fire Chief thereafter shall give his/her reply in writing within ten (10) business days. a Step Three: If the grievance has not been resolved in Step Two, the UNION shall present the grievance in writing to the DEPARTMENT within ten (10) business days from the receipt of the Fire Chief s written reply. All parties to such discussion will make a good faith effort to resolve the grievance. The DEPARTMENT thereafter shall give its reply in writing within ten'(10) business days. Step Four: If the grievance has not been resolved at the appropriate lower Step(s), either the UNION or DEPARTMENT may within ten (10) business days refer the grievance to an Arbitrator by serving written notice upon the other. AGREEMENT - 6 Within five (5, -isiness days upon service of this notic. _te UNION and the DEPARTMENT shall attempt to agree upon an Arbitrator to hear and determine the grievance. If an Arbitrator cannot be agreed upon within ten (10) business days, the UNION and the DEPARTMENT shall request the Federal Mediation and Conciliation Service to supply a Iist of seven (7) proposed arbitrators. Within five (5) business days after receipt cf this list the UNION and the DEPARTMENT shall select ail Arbitrator by alternately striking one (1) name at a time from the list until only one (1) name remains. The party striking the first name shall be determined by a coin toss. The name remaining on the list shall be accepted by both parties as the Arbitrator. The Arbitrator shall conduct a hearing and shall render a decision in writing, which shall be binding on both parties. The award of the Arbitrator may be entered upon the records of any court having r jurisdiction, except that each party shall retain the right to appeal as provided in the provisions of Chapter 9, Title 7, Idaho Code. The Arbitrator shall have only such jurisdiction and authority to interpret and apply the provisions of this Agreement as shall be necessary to the determination of the arbitration issue. The Arbitrator shall not have any power to add or subtract from, modify or alter in any way, the provisions of this Agreement. The cost of arbitration shall be borne equally by the DEPARTMENT and UNION. ARTICLE 17 - UNIFORM ALLOWANCE The DEPARTMENT shall provide to all suppression employees, uniforms that meet National Fire Protection Association (N.F.P.A.) 1975 minimum requirements for station uniform wear. Under this article the DEPARTMENT shall provide each suppression employee $600.00 of credit per fiscal year for the purchase of station uniform wear. The DEPARTMENT will contract and pay for cleaning services of station uniforms to prevent cross contamination with their families' clothes due to blood, body fluids and airborne pathogens that were picked up on the uniform, whether seen or unseen. If there was no contamination the employees will launder their own uniforms or utilize cleaning services arranged for by the DEPARTMENT at the employees' expense. Non -suppression employees shall receive $600.00 for their clothing allotment per fiscal year. All uniforms shall be designated by the Fire Chief. ARTICLE 18 - HOURS OF WORK AND DESIGNATED WORK PERIODS The designated work period for all Fire Department personnel covered under this Agreement shall be on a twenty-seven (27) day cycle. The cycle shall be 216 hours, with pay being set for 204 hours and 12 hours at the overtime rate. AGREEMENT -7 The regular wk schedule for suppression personnel sl. be three (3) shifts on duty every other day and then four (4) days off. A shift shall be twenty-four (24) hours of duty, starting at 0700. For illustration purposes, the regular work schedule for suppression personnel is listed below with an X representing an on -duty shift and a Y representing an off-duty shift. XYXYXYYYY Tl: , regular work schedule for non -suppression personnel shah be forty (40) hours per week. Hours of work are from 0800 to 1200 - 1300 to 1700 Monday through Friday. ARTICLE 19 - BEREAVEMENT LEAVE In the event of a death in the employee's immediate family, he/she shall be entitled to up to 24 hours leave of absence. Leave may be granted from accrued vacation leave or unpaid leave of absence.'Sick leave may also be granted at the discretion of the Fire'Chief or his/her designee. The immediate family shall be defined as spouse, child (which shall include a step -child, foster child, or legally adopted child), mother, father, brother, sister, grandparent or grandchild. brother-in-law, sister-in-law, son-in-law, daughter-in-law, niece, nephew and those same relatives of the employee's spouse. ARTICLE 20 - CALL BACK Any employee reporting for duty while off-duty shall have all of the benefits that he/she would normally have while on his/her regular tour of duty. Employees shall receive overtime pay at one and one-half (1 112) times his/her normal rate of pay for all overtime worked. There shall be a minimum of one-half (1/2) hour pay for up to 30 minutes and one (1) hour for anything over 30 minutes for call back, overtime, or incident worked. All overtime accumulated by an employee shall be due and payable on their next pay period. ARTICLE 21 - WORKING OUT OF CLASSIFICATION All employees of the DEPARTMENT covered by this Agreement and who are certified as meeting the eligibility requirements shall, when circumstances warrant, accept and assume the duties of the position or rank above that which he/she normally holds. Each employee assuming the higher duties or rank shall be paid at the wage scale of the higher position or rank, for time worked at the higher position or rank, utilizing the same 30 minute minimum standards set forth in CALL BACK. ARTICLE 22 - EFFECTIVE DATE This Collective Labor Agreement, hereinafter referred to and called the Agreement, shall become effective October I, 1997, and remain in full force and effect until September 30, 1999. It is the understanding of the UNION and the DEPARTMENT AGREEMENT -8 that the DEPARTMEI 'S backpay liability due to the 10/1/9 _iective date is limited to: Article 10 (Sick Leave); Article 12 (Vacation); and Article 25/Appendix A (Wage Scales, Longevity Pay and Education Differential Pay). This Agreement may be reopened at any time for negotiations on any mutually agreed item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. ARTICLE 23 - SAVINGS CLAUSE If any provisions of this Agreement or the application of such provision should be rendered or declared invalid by any court having jurisdiction, or by reason of any- existing nyexisting or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 24 - STAFFING Sufficient employees shall be maintained on duty and available for response to alarms. Sufficient employees shall be on duty and available to provide a minimum of one firefighter, one driver, and one officer per unit of response. By definition, a unit is an engine company. If sufficient employees are not available to meet the minimum staffing requirements, firefighters shall be retained or recalled as per the RELIEF PERSONNEL article in this Agreement. Units shall not be placed out of service for reasons of insufficient personnel. ARTICLE 25 - SALARIES Wages for all employees of the Fire Department shall be as fixed and set forth in APPENDIX A, attached hereto, and the provisions for Longevity and Education pay shall be in addition to the wage scale per month as therein fixed and set forth in APPENDIX A. ARTICLE 26 - MANAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary functions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not Iimited to: Directing the activities of the DEPARTMENT; Determining the levels of service and methods of operations; The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine work schedules and assign work; To take whatever action may be necessary to carry out its mission in emergency situations. Nothing in this clause shall have the effect of nullifying agreements entered into in other sections of this Agreement. AGREEMENT -9 AR'T'ICLE 27 — ORDER OF AUTHORITY The order of authority within the DEPARTMENT is as follows: Fire Chief Captains and Fire Marshall Drivers Firefighters AGREEMENT - 10 z Wage Scale - The job classification and wage rates for the employees covered by this Agreement shall be as follows: EFFECTIVE DATES Longevity Pay - Each of the above employees shall receive longevity pay at the rate of $2.50 per month for each year of service, starting after 5 years of service and capped at 25 years of service, in addition to his/her monthly wage, payable monthly and adjusted on the anniversary date of the employee's employment with the DEPARTMENT. Education Differential Pay - In addition to the wage rates established by this Agreement, the DEPARTMENT shall pay employees educational premium pay, based on the State of Idaho's Fire Fighter Certification Program, as follows:. Fire Fighter I ---- $25.00 per month Fire Fighter II ---- $50.00 per month Fire Fighter III ---- $75.00 per month AGREEMENT -ll 10/I/97 10/1/98 4/1/99 Firefighter I $24,000 $24,840 $25,709 Firefighter II $26,000 $26,910 $27,852 Firefighter Ill $27,500 $28,463 $29,459 Driver/Engineer $29,500 $30,533 $31,602 ---Station Captain $34,500 $35,708 $36,958 Fire Marshall $37,500 $38,813 - $40,171 Longevity Pay - Each of the above employees shall receive longevity pay at the rate of $2.50 per month for each year of service, starting after 5 years of service and capped at 25 years of service, in addition to his/her monthly wage, payable monthly and adjusted on the anniversary date of the employee's employment with the DEPARTMENT. Education Differential Pay - In addition to the wage rates established by this Agreement, the DEPARTMENT shall pay employees educational premium pay, based on the State of Idaho's Fire Fighter Certification Program, as follows:. Fire Fighter I ---- $25.00 per month Fire Fighter II ---- $50.00 per month Fire Fighter III ---- $75.00 per month AGREEMENT -ll MERIDIAN CITY COUNCIL MEETING: NOVEMBER 4 1998 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 9B-1 REQUEST: SHARI STILES -- DISSCUSSION OF RFP FOR COMP. PLAN UPDA'T'E AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. REQUEST FOR QUALIFICATIONS TO PROVIDE CONSULTING SERVICES FOR A COMPREHENSIVE PLAN UPDATE FOR THE CITY OF MERIDIAN, IDAHO The City of Meridian is requesting statements of interest and qualifications from qualified consultants to provide services for an update of the Meridian Comprehensive Plan. The Comprehensive Plan update needs to address all components required by the Idaho Local Planning Act (Idaho Code Title 67, Chapter 65), including a complete update of all associated maps, plus any other special issues identified in the planning process. The City is looking for a firm or individual that can facilitate, analyze, and coordinate the efforts and information obtained from city staff, consultants, city administration and private citizens in the plan update process. Consultant will work directly with the Planning Director on all phases of the project. This is a competitive, negotiated procurement. Upon selection of a planning consultant, the City will negotiate a scope of work and contract price. Responses must include: I. Firm's legal name, address and telephone number. 2. Experience and qualifications of staff to be assigned to the project (identify proposed Project Manager by name). 3. Description of the firm's recent prior experience which shall include the following: a. All projects relative to community comprehensive planning or comprehensive plan updates which have been completed by your firm within the last five years. b. All current projects related to comprehensive plan development. C. Starting and completion dates of each of the projects listed above. d. Sponsor's name, contact person and telephone number where the project was completed or is currently being performed. e. Proposed work plan, schedule for activities and firm's anticipated availability. Respondents will be evaluated according to the following factors: 1. Capability to perform all aspects of the project (25%). 2. Consultant qualifications (25%). 3. Availability and capacity of consultant (15%). 4. Demonstrated understanding of the project's potential problems and sponsor's special concerns (20%). 5. Overall quality of response, detail of work plan and schedule (15%). Firms are to submit three copies of their statement of qualifications. The City does not desire the submission of voluminous examples of a firm's work. Those interviewed may be asked to provide examples. Questions that arise as a result of this Request for Qualifications should be addressed to Shari Stiles, City Planning Director, 200 East Carlton, Suite 201, Meridian, Idaho 83642 (208) 884-5533. Based on the City's evaluation of the Request for Qualifications, the City will select a consultant. The City desires to have the scope of services negotiated and a contract approved so a notice to proceed may be given in December 1998. Request for Qualifications must be submitted in a sealed envelope marked: Request for Qualifications Meridian Comprehensive Plan Update Attention: Shari Stiles 200 East Carlton, Suite 201 Meridian, ID 83642 The deadline for receipt of statements will be 5:00 p.m., November 20, 1998. Responses received after this time will not be considered. The City reserves the right to reject any or all responses to this request. CITY OF MERIDIAN '��a hari Stiles Planning Director City of Meridian, Idaho 131 MERIDIAN CITY COUNCIL S`• pD prn .moi l�i'� Jam' WEDNESDAY, NOVEMBER 4, 1998 -- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: RON ANDERSON CHARLIE ROUNTREE GLENN BENTLEY KEITH BIRD MAYOR ROB RT CORRIE A. MINUTES FROM PREVIOUS MEETING HELD OCTOBER 20,1998: I9evr--- B. MINUTES FROM SPECIAL MEETING HELD OCTOBER 22,1998: C. 2,1998:C. MINUTES FROM SPECIAL MEETING HELD OCTOBER 27,1998: D. RENEWAL OF ACSHENBRENNER LEASE - 53 ACRES. a-1qv-e- -- LETTER OF INTENT - 67 ACRES ON LINDER RD. g KpZeiC-• - F. APPROVE BILLS. q�provz, TABLED FROM OCTOBER 20,1998: DEVELOPMENT AGREEMENT FOR STERLING CREEK SUBDIVISION 2. RATIFICATION OF THE FIRE UNION CONTRACT: eWh-ov-c- 3. ORDINANCE #807 UNIFORM FIRE CODE: 4. BEER AND WINE APPLICATION FOR THE BIG SMOKE BY BRUCE L. BAIRD: paver 5. APPEAL OF CONDITIONAL USE PERMIT FOR DAKOTA COMPANY, INC. BY ROBERT L. PHILLIPS: a-lvu'�e- /acct�o-?�- 6. APPOINTMENT OF DEPUTY CITY CLERK BY MAYOR: 7'�b/k- 7. WATER/ SEWER/ TRASH DELINQUENCIES:�- 8. DEPARTMENT REPORTS: A. GARY SMITH: 1. TABLED FROM OCTOBER 20TH' 1998: CHANGE ORDER FOR TULLY PARK. a�-/i7 2. TABLE FROM OCTOBER 20TH, 1991: ENGINEERING AGREEMENT FOR DESIGN OF SECONDARY CLARIFIER. 3. CHANGE ORDER NO. 2 -AERATION BASIN CONSTRUCTION PROJECT. 4. AWARD CONSTRUCTION CONTRACT - USTICK WATER TANK DRAIN LINE. a_R,prav B. SHARI STILES: 1. TABLE FROM OCTOBER 20,1998: DISCUSSION OF RFP FOR COMP. PLAN UPDATE. C. TOM KUNTZ: 1. GENERATIONS PLAZA. GC.Q�JYtJ U-�- MERIDIAN CITY COUNCIL MEETING: NOVEMBER 4, 1998 6 APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: A-4 REQUEST: GARY SMIrrH — AWARD CONSTRUCTION CONTRACT — USTICK WATER TANKD N LINE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: of foo-`, All Materials presented at pudic meetings shall become property of the City of Meridian. interoffi'-ce MEMORANDUM t0: Gary Smith, PE CC: File 6'0171; Brad R. Watson, PE ,,�� re: Ustick Reservoir Drain Line date: October 13, 1998 Attached is a bid abstract for the drain line project for the Ustick Reservoir. Bitterroot Construction submitted the lowest responsive bid of $54,216.00. The bidding documents allow sixty days for award. It is likely we can delete Bid Item 94, 16" C905 Standpipe, since that was to be used for the well pump testing only. That change would put the contract price at $52,937.00. Assuming the issue of the discharge into MVO's drain, I think we can proceed with recommendation of award to Bitterroot Construction. Let me know if you have any questions. c:VnsofficeVemplatesMetters & faxeslmemo2.dot from the desk of... Brad R. Watson, P.E. Asst. City Engineer City of Meridian 200 E. 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U.tNt--vtCr?0N('')00co N`ttrrMto .:6% +- CRM�69696iTdf} (fly U Ln to 00 Lo LnN Lo to to LO CCl .(D LO to in to Ln to +_. a)pNCACr) ItN0 sttfaQNMOOD : 0- OcttH V), r- (O 6% r m r N r M r 03 M to 43. vi 64 C3 Jo 0 O 0 d 0 0 00 d CJ O d 0 to d o O U7 a -d C7 C7 -4:) 10 0 C3 d O U O (D- Lo 0 0 N O O 0 M O 'C � M d (D - V to (D r 0 (roj a- r-- M r M (r1 to), 4R N Cl) >4 V) 69 (1? b9 N69- 63 N 0000C) aoCao 0 CO O 0 O O do CJ O O -06-010 C] C:5o-Ca oLnOCOo �Cx*-tno0T000 6464(Dr63L) (Dr h 69 64 6% LL LL IL (n (n (n G �rJJJ...IJJJ� 0 O r O C. "� Lr) Q C r ! C. m > -r— 'aMcf)-jr- m c O �ock0U C»a rn CF) —=.0 ca i 0U C] CL � I in iD (D (D R e•-• r r LL :2 Ef ro a) tvratrLnMr--wm interoffi'-ce MEMORANDUM to: Gary Smith, PE Cc: File frOM: Brad R. Watson, PE re: Ustick Reservoir Drain Line date: October 13, 1998 Attached is a bid abstract for the drain line project for the Ustick Reservoir. Bitterroot Construction submitted the lowest responsive bid of $54,216.00. 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