HomeMy WebLinkAbout2024-01-09 Work Session ( ��WE IDIAN�---
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday,January 09, 2024 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilman Doug Taylor
Councilman John Overton
Councilwoman Anne Little Roberts
Councilman Luke Cavener
Councilwoman Liz Strader
Councilman Joe Borton
ABSENT
Mayor Robert E. Simison
ADOPTION OF AGENDA Adopted
CONSENT AGENDA [Action Item] Approved
Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener.
Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts,
Councilman Cavener, Councilwoman Strader, Councilman Borton
1. Adler Industrial Project Green Water Main Easement (ESMT-2023-0159)
2. S. Benchmark Way and W. Cobalt Drive Water Main Easement No. 1 (ESMT-2023-
0182)
3. Ten Mile Marketplace Water Main Easement No. 1 (ESMT-2023-0183)
4. Ten Mile Marketplace Water Main Easement No. 2 (ESMT-2023-0184)
S. Approval of Task Order 11230.i for Aeration Basins Retrofit&Upgrade Software
Integration for the Not-to-Exceed amount of$430,787.00, as well as authorization
for the Procurement Manager to sign the Purchase Order for the Not-to-Exceed
amount of$430,787.00
6. Approval of Equipment Contract to Lone Star Blower and Compressor for the
supply of Lone Star Blowers to be included in the Aeration Basins 1-4 Retrofit and
9 & 10 Expansion project, for the Not-To-Exceed amount of$1,082,727.00
7. First Amendment to City of Meridian Parks &Recreation Department Meridian
Youth Baseball/Softball, Inc.Amendment to Development and License Agreement
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
DEPARTMENT / COMMISSION REPORTS [Action Item]
8. Discussion of City Council Appointments as Department Liaisons and
Appointments to Interagency Boards, Committees, and Initiatives
9. Resolution No. 24-2429: A Resolution of the Mayor and the City Council of the City
of Meridian Approving City Council President's Appointments of City Council
Members to Serve as Department Liaisons, and Providing an Effective Date
Approved
Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton.
Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts,
Councilman Cavener, Councilwoman Strader, Councilman Borton
10. Resolution No. 24-2430: A Resolution of the Mayor and the City Council of the City
of Meridian Approving City Council President's Appointments of City Council
Members/City Staff Members to Serve as Interagency Boards, Committees, and
Initiatives Representatives, and Providing an Effective Date Approved
Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton.
Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts,
Councilman Cavener, Councilwoman Strader, Councilman Borton
EXECUTIVE SESSION per Idaho Code 74-206(1)(c): To acquire an interest in real property
not owned by a public agency and 74-206(1)(0: To communicate with legal counsel for the
public agency to discuss the legal ramifications of and legal options for pending litigation,
or controversies not yet being litigated but imminently likely to be litigated.
Motion to enter in to executive session made by Councilwoman Strader, Seconded by
Councilman Cavener,
Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts,
Councilman Cavener, Councilwoman Strader, Councilman Borton
Into session: 4:39 PM
Out of session: 5:23 PM
ADJOURNMENT 5:23 PM
Meridian City Council Work Session January 9, 2024.
A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday,
January 9, 2024, by Council President Joe Borton.
Members Present: Joe Borton, Luke Cavener, Liz Strader, John Overton, Ann Little
Roberts and Doug Taylor.
Members Absent: Robert Simison.
Also Present: Chris Johnson, Bill Nary, Jeff Brown, Joe Bongiorno and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Doug Taylor _X_ John Overton
_X_Anne Little Roberts _X—Luke Cavener
X Mayor Robert E. Simison
Borton: Good afternoon. It is 4:30 on Tuesday, January 9th. Time set for our workshop
agenda. Welcome. Missing the Mayor. So, we will run in his absence right now. We
will begin today's workshop meeting with roll call attendance.
ADOPTION OF AGENDA
Borton: Item No. 2 is the adoption of the agenda.
Strader: Mr. President?
Borton: Ms. Vice-President.
Strader: Taking a look I don't see any changes in our work session agenda, so I move
that we adopt the agenda as published.
Cavener: Second.
Borton: It's been moved and seconded to adopt the agenda as published. All those in
favor say aye. The agenda is adopted. Thank you.
MOTION CARRIED: ALLAYES.
CONSENT AGENDA [Action Item]
1. Adler Industrial Project Green Water Main Easement (ESMT-2023-
0159)
Meridian City Council Work Session
January 9,2024
Page 2 of 7
2. S. Benchmark Way and W. Cobalt Drive Water Main Easement No. 1
(ESMT-2023-0182)
3. Ten Mile Marketplace Water Main Easement No. 1 (ESMT-2023-0183)
4. Ten Mile Marketplace Water Main Easement No. 2 (ESMT-2023-0184)
5. Approval of Task Order 11230.i for Aeration Basins Retrofit &
Upgrade Software Integration for the Not-to-Exceed amount of
$430,787.00, as well as authorization for the Procurement Manager to
sign the Purchase Order for the Not-to-Exceed amount of
$430,787.00
6. Approval of Equipment Contract to Lone Star Blower and
Compressor for the supply of Lone Star Blowers to be included in
the Aeration Basins 1-4 Retrofit and 9 & 10 Expansion project, for the
Not-To-Exceed amount of $1,082,727.00
7. First Amendment to City of Meridian Parks & Recreation Department
Meridian Youth Baseball/Softball, Inc. Amendment to Development
and License Agreement
Borton: Item No. 3, the Consent Agenda.
Strader: Mr. President?
Borton: Council Woman Strader.
Strader: I move that we approve the Consent Agenda, for the Council President to sign
and the Clerk to attest.
Cavener: Second the motion.
Borton: It's been moved and seconded to approve the Consent Agenda as published.
There are no questions or discussion. Mr. Clerk.
Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea;
Taylor, yea.
Borton: Consent Agenda is approved.
MOTION CARRIED: ALLAYES.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Borton: There are no items been removed from the Consent Agenda.
Meridian City Council Work Session
January 9,2024
Page 3 of 7
DEPARTMENT / COMMISSION REPORTS [Action Item]
8. Discussion of City Council Appointments as Department Liaisons
and Appointments to Interagency Boards, Committees, and
Initiatives
Borton: Brings us to the Department/Commission Reports. Item No. 8, discussion of
City Council appointments department liaisons, inter-agency boards, committees and
initiatives. So, this is the annual start of the year where we shift around different duties
and assignments amongst Council Members. Those who have been here know that
they have been in different departments and served as liaisons and there is some
committees and boards that we have existing City Council Members serving on. So,
some quick context to the assignment of liaisons for Council Members now. It's not
quite as climactic as a -- as a sorting hat and an announcement of different doors or
where you get placed, it's already public and published. But the idea is there is not a
set science to who gets assigned where or a specific rotation, other than to try and
provide opportunities for every Council Member to have a variety of experiences with
different departments. They generally change every year for every department, with
some exceptions. Sometimes people have stayed two years, but generally they move
around, trying to expose people to different areas, things that they have not been
involved in or some areas where they have particular interest in and the role of the
liaison continues to be that of a primary kind of a conduit between the Council as a
whole or the Mayor and that particular department. So, an example might be if -- if you
know John's running or being a liaison for the Parks Department and we need -- we
wanted to know something that might be going on, a Council Member might call
Councilman Overton and say, hey, are you aware of this issue in Parks or what's going
on or what do you think about it? Maybe bring that up to your director and -- and we will
see if it becomes an agenda topic or something we discuss as a whole. It's much more
efficient for our directors to use the liaisons and have liaisons serve with the directors,
so we don't give them six questions, you know, at the same time, have directors who
are going to be very polite to our requests then have to give us six answers. So, we
have been -- this has been the process for a number of years. So, to the liaison to the
department that you get assigned to, reach out to your director early, very soon, have a
cup of coffee, to lunch and visit with how that director likes to communicate, what makes
-- how you can help them share information with us. Listen to their ideas. They all are
different in how they -- they work. Some are more independent, some need more
Council direction. So, please, get actively involved and, then, be available so when
Council Members have questions for that department we are going to try and turn to you
and ask you first if you have heard something or know about something or think of a
constructive way to bring it onto the agenda. So, that's kind of the broad brush picture
of liaison assignments. So, as we shift around, in no particular order, Public Works,
Enterprise Fund, which is a big lift, Doug -- to Councilman Taylor. So, thank you for
taking that one on. It's a fantastic department. They all are, but I'm coming from Public
-- Public Works, so now you and Laurelei will work great together. Councilman Overton,
who was with Parks most recently I believe, is now shifting over to Community
Development. Another large item to tackle and in hitting the ground running with -- with
Meridian City Council Work Session
January 9,2024
Page 4 of 7
tonight's agenda at 6:00 o'clock. Council Woman Little Roberts, who is well versed with
the liaison process and you know how all of this works, you are now Fire. So,
congratulations. Thanks for taking that on. Councilman Cavener, a cagey veteran as
well, is now the liaison for the City Clerk's Office, as well as the Police Department. Our
Vice-President Council Woman Strader has three different departments, Human
Resources, IT and Legal, which work pretty closely together. And, then, lastly, I will be
the liaison for Parks and Rec, as well as the Mayor's Office and Finance. The last two
being more traditionally Council President roles. As you know, one of the larger items
that we tackle every year is the budget process. As a whole the Council does, so the
Council President has year over year been the liaison to the Mayor's Office and in
Finance. So, that's the process. That's the role of liaison that -- that most of you are
well versed on and those are the assignments. They will be effective today as part of
the resolution and with that stand for any questions from my colleagues.
Cavener: Mr. President?
Borton: Mr. Cavener.
Cavener: No questions, just a comment. Appreciate the breakdown and certainly
appreciate your heavy lift. I think the Mayor's Office and Finance -- I like that idea of
them kind of being brought together, but also recognize that's a heavy lift for you in your
role. So, just want to say thanks for taking that on. Appreciate it.
Borton: You got it. Gladly. If there is not any -- any other discussion, comments,
questions on it, this is effective until the next January.
Little Roberts: Mr. President?
Borton: Council Woman Little Roberts.
Little Roberts: I would just like to say I am honored to be the liaison to Fire and look
forward to working with the department again.
Borton: You got to whoot from Fire. Now you are kind of compelling everybody to -- to
whoot advocate for -- here is another -- yeah. We won't go around the room and have
our cheers. Another I think a really critical role for the liaison is have the difficult
conversations with your department. If they want to -- because we want to have good,
honest feedback early on. If there is something they want to bring forward or have
concerns about something that happened, be the strong voice for the Council. You are
not necessarily tasked with speaking on behalf of all six of us, that's not really your role,
but you can give some good feedback and -- and exchange ideas, which is going to
help the directors be more effective as well. So, you are speaking as one, but you really
are leading the voice of the group there, so --
9. Resolution No. 24-2429: A Resolution of the Mayor and the City
Council of the City of Meridian Approving City Council President's
Meridian City Council Work Session
January 9,2024
Page 5 of 7
Appointments of City Council Members to Serve as Department
Liaisons, and Providing an Effective Date
Borton: If there is no other questions or comments that moves us to Item 9 on our -- on
our workshop agenda, which is Resolution No. 24-2429. Mr. Clerk, do we need to read
the resolution? No?
Johnson: I'm happy to, but it doesn't have to be read.
Borton: Okay.
Strader: Council President, I move that we approve Resolution No. 24-2429, a
resolution of the Mayor and City Council approving the appointments to serve as
Department Liaisons and providing an effective date.
Overton: Second.
Borton: It's been moved and seconded to approve Item No. 9, Resolution 24-2429. Is
there any questions or discussion? If not, all those in favor say aye. Any opposed
same sign. Resolution is passed.
MOTION CARRIED: ALLAYES.
10. Resolution No. 24-2430: A Resolution of the Mayor and the City
Council of the City of Meridian Approving City Council President's
Appointments of City Council Members/City Staff Members to Serve
as Interagency Boards, Committees, and Initiatives Representatives,
and Providing an Effective Date
Borton: Leads us to Item 10.
Strader: Mr. President?
Borton: Yes.
Strader: I move that we approve Resolution No. 24-2430, Item No. 10.
Overton: Second.
Borton: It's been moved and seconded to approve Resolution 24-2430. Any questions
or discussion from Council? If none, all those in favor, please, say aye. Any opposed
same sign. Resolution passes.
MOTION CARRIED: ALLAYES.
Meridian City Council Work Session
January 9,2024
Page 6 of 7
EXECUTIVE SESSION per Idaho Code 74-206(1)(c): To acquire an interest in real
property not owned by a public agency and 74-206(1)(f): To communicate with
legal counsel for the public agency to discuss the legal ramifications of and legal
options for pending litigation, or controversies not yet being litigated but
imminently likely to be litigated.
Strader: Mr. Council President?
Borton: Council Woman Strader.
Strader: I moved that we go into Executive Session per for Idaho Code 74-206(1)(c)
and 74-206(1)(f).
Cavener: Second.
Borton: Moved and seconded to go into Executive Session per the code sections cited.
If no questions or discussion, have roll call. Mr. Clerk.
Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea;
Taylor, yea.
Borton: We are in Executive Session.
MOTION CARRIED: ALLAYES.
EXECUTIVE SESSION: (4.39 p.m. to 5.23 p.m.)
Strader: Mr. President?
Borton: Council Woman Strader.
Strader: I move we come out of Executive Session.
Cavener: Second.
Borton: Moved and seconded to come out of Executive Session. All those in favor say
aye. Motion carries.
MOTION CARRIED: ALLAYES.
Borton: Take a motion to adjourn.
Strader: Mr. Council President?
Borton: Council Woman Strader.
Meridian City Council Work Session
January 9, 2024
Page 7 of 7
Strader: I move that we adjourn.
Borton: Been moved to adjourn. All those in favor say aye. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 5:23 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
Mayor Robert E. Simison 1-23-2024
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Adler Industrial Project Green Water Main Easement (ESMT-2023-0159)
ADA COUNTY RECORDER Trent Tripple 2024-001505
Project Name(Subdivision): BOISE IDAHO Pgs=5 VICTORIA BAILEY 01/10/2024 09:53 AM
Adler Industrial Project Green CITY OF MERIDIAN, IDAHO NO FEE
_
Water Main Easement Number:
Identify this Easement by sequential number ifProject contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0159
WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of January 2024 1 between Adler AB Owner XXI,
LLC, a Delaware limited liability company ("Grantor"), and the City of Meridian, an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a water main easement across the premises and
property hereinafter particularly bounded and described; and
WHEREAS , the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee an easement for the operation and maintenance of underground water mains over and
across the following described property:
(SEE ATTACHED EXHIBITS A and
B)
The easement hereby granted is for the purpose of construction and operation of underground
water mains and their allied underground facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities at
any and all times.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and
assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation of
this easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Water Main Easement Page 1 Version 04/17/2023
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences,trees, or deep-rooted shrubs. Grantor shall be allowed to place parking
areas, drive aisles, curbs, gutters, and sidewalks in the easement area.
THE GRANTOR covenants and agrees with the Grantee that should any part of the easement
hereby granted shall become part of, or lie within the boundaries of any public street, then, to
such extent, such easement hereby granted which lies within such boundary thereof or which
is a part thereof, shall cease and become null and void and of no further effect and shall be
completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs,personal representatives, purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
dler AB O er X I,L C
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on October 23, 2023, by Richard S. Gable on behalf
of Adler AB Owner XXI, LLC, a Delaware limited liability company, in the following
representative capacity: Vice President.
(stamp) l
JANA LYNNE JONES Notary Signature
Notary Public-State of Idah]2029
�j , Z0 29
Commission Number 202339 My Commission Expires:
My Commission Expires Sep 25,
Water Main easement Page 2 Version 04/17/2023
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GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 1-9-2024
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Attest by Chris Johnson, City Clerk
1-9-2024
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STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 1-9-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires`.' 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
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EMIMIT A
WATER LINE EASEMENTS
SITUATED LOTS 2 AND 3,BLOCK 1,CHEWIE SUBDIVISION
IN THE SW'/4 OF SECTION 11,T.3 N.,R. 1 W.,B.M.,
CITY OF MERIDIAN,ADA COUNTY,IDAHO
E
A 20 foot wide easement situated in Lot 2,Block 1,of Chewie Subdivision,a recorded subdivision on file
in Book 122 at Pages 19282 through 19286,records of Ada County,Idaho,in the Southwest'/4 of Section 11,
Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Idaho,being 10 feet each side of the following
described centerline:
Commencing at the southwest comer of said Lot 2,Block 1 of Chewie Subdivision,from which the
southeast comer of said Lot 2,bears South 89109'12"East 225.46 feet;
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thence along the southerly boundary of said Lot 2,being also the northerly right-of-way of West Franklin
Road South 89°09'12"East 129.00 feet;
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thence leaving said southerly boundary and northerly right-of-way North 015048"East 45.00 feet to the
northerly boundary of that City Of Meridian sanitary sewer and water easement recorded as Instrument r
Number 113038359,records of Ada County,Idaho,and the POINT OF BEGINNING;
thence continuing North 0°50'48"East 11.00 feet to the POINT OF TERMINUS.
AND ALSO:
i
F
A 20 foot wide easement situated in Lot 3,Block 1,of Chewie Subdivision,a recorded subdivision on file
in Book 122 at Pages 19282 through 19286,records of Ada County,Idaho,in the Southwest'A of Section 11,
Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Idaho,being 10 feet each side of the following
described centerline:
4
Commencing at the southwest corner of said Lot 3,Block 1 of Chewie Subdivision,from which the
southeast corner of said Lot 3,bears South 89°09'12"East 225.46 feet;
f
thence along the southerly boundary of said Lot 3,being also the northerly right-of-way of West Franklin
Road South 89°09'12"East 173.55 feet;
thence leaving said southerly boundary and northerly right-of-way North 0'50'48"East 49.00 feet to the
northerly boundary of that City Of Meridian sanitary sewer and water easement recorded as Instrument
Number 113038358,records of Ada County,Idaho,and the POINT OF BEGINNING;
thence North 10'09'12"West 29.87 feet;
thence North 0'50'48"East 118.00 feet; Sa 50
thence North 44'09'12"West 89.00 feet;
thence North 0'50'48"East 44.00 feet;
thence North 10109'12"West 54.75 feet; ��
thence South 79'50'48"West 45.00 feet to the POINT OF TERMINUS.
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533-02.doc Page 1 of 1
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EXHIBIT B
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR WATER LINE EASEMENTS - -
SITUATED IN LOT 2 AND 3 BLOCK 1
CHEWIE SUBDIVISION
SECTION 11 I
T3N R1 W BM
NOT TO SCALE CITY OF MERIDIAN, ADA COUNTY, IDAHO
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SANITARY SEWER (�
LINE TABLE I AND WATER EASEMENT Q
INSTRUMENT NO, 2021--173038 _ n
- /--N 0'50'48" E=L`� L3 �\
LINE LENGTH BEARING
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-118.00' —
L1 45.00' N 0'50'48" E I I 46OO��� l- --
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L2 11.00' N 0.50'48" E j L6-----L5-
13 49.00' N O 50'48" E
1 J CITY OF MERIDIAN -
L4 29.87' N 10 09'12" W SANITARY SEVER
I AND WATER EASEMENT I
1-5 44.00' N 0 50'48" E W I INSTRUMENT NO. 1130.38358
I L6 54.75 N 10*09'12" W
L1 45.00' S 79'50'48" W o ` u
I C H E W I E S U B D I V I S 1 0 N -Il-to 3
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CITY OF MERIDIAN (N �
SANITARY SEWER I tO
AND WATER EASEMENT `
I I INSTRUMENT NO. 113038359 QI
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AGENDA ITEM
ITEM TOPIC: S. Benchmark Way and W. Cobalt Drive Water Main Easement No. 1 (ESMT-
2023-0182)
Proiect Name(Subdivision):. ADA COUNTY RECORDER Trent Tripple 2024-001499
S. Benchmark Wav and W.Cobalt Dr. BOISE IDAHO Pgs=5 ANGIE STEELE 01/10/2024 09:42 AM
Water Main Easement Number: 1 CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0182
WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of January , 20 24 between DWT Investments LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee,with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page l Version 04/17/2023
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs,personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
GRANTOR: DWT INVESTMENTS LLC
KI-Z
IfobestrlTiiliipsPfestdens oTl3ngfiton Corporation,
Manager of DWT Investments LLC
STATE OF IDAHO )
) ss
County of Ada )
On this thel I day of December,in the year 2023,before me a Notary Public of said State,
personally appeared Robert L.Phillips,known or identified to me to be the President of Brighton
Corporation,the corporation that executed the instrument or the person who executed the
instrument on behalf of said corporation and acknowledged to me that such company executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and
year in this certificate first written above.
w�
Notary Signature
My Commission Expires: (o— — RDo1�
SHARIVAUGHAN
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1,2024
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 1-9-2024
Attest by Chris Johnson, City Clerk 1-9-2024
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 1-9-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature 3-28-2028
My Commission Expires:
Water Main Easement Page 3 Version 04/17/2023
E N G I N E E R I N G
December 18,2023
Project Nos.22-144&22-221
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water easement situated in a portion of the Southeast 1/4 of the
Northwest 1/4 of Section 14,Township 3 North, Range 1 West,B.M.,City of Meridian,Ada County, Idaho and
being more particularly described as follows:
Commencing at an aluminum cap marking the Center 1/4 corner of said Section 14,which bears S00°35'31"W
a distance of 2,656.80 feet from an aluminum cap marking the North 1/4 corner of said Section 14,thence
following the easterly line of said Northwest 1/4 of Section 14,N00*35'31"E a distance of 305.17 feet,-
Thence leaving said easterly line, N89°24'29"W a distance of 125.53 feet to the POINT OF BEGINNING.
Thence N89°41'02"W a distance of 37.00 feet;
Thence N00.18'58"E a distance of 10.00 feet:
Thence S89'41'02"E a distance of 37.00 feet;
Thence S00°18'58"W a distance of 10.00 feet to the POINT OF BEGINNING.
Said parcel contains a total of 370 square feet,more or less,and is subject to all existing easements and/or
rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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> PHONE(208)639-6939 Exhibit B
> kmengllp.com
City of Meridian Water Easement
DATE December2023
PROJECT: 22-221
SHEET: Situated in the SE 1/4 of the NW 1/4 of Section 14,
1 OF 1 T3N., R1W., B.M., City of Meridian, Ada County, ID
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Ten Mile Marketplace Water Main Easement No. 1 (ESMT-2023-0183)
Protect Name(Subdivision): ADA COUNTY RECORDER Trent Tripple
00
Ten Mile Marketplace BOISE IDAHO P s-6 BONNIE OBERBILLIG 20024 0 :42 AM
p 9 - 01/10/2024 09:42 AM
Water Main Easement Number. 2 CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
(ESMT-2023-0184)
WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of January , 2024 between Eck harcfi Prop_er1FC.5-
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); L e w i s 4 o n, L4 C
WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee,with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page 1 Version 04/17/2023
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns,heirs,personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
GRANTOR:
Cheri M000e - Co-A9eni of f-^'cl,,l�andi Family LLLP, Sole- Member a9 E�Ickard�
Prape,r-li es - Lewi sfon,
STATE OF IDAHO )
Pav e+h-, ) ss
County of A& )
This record was acknowledged before me on 12 1 1 (date) by C he.r► oo r C
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Ee.lskctrcR Pro arfie.5-Lewl54on,LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: Co- Acm,,4 off' Eek6&e LC (type of-authority such as,officer or trustee)
FCLMI 1.9 0.1-P, Sole ►tie.mbex
(stamp)
RSature
'@ y'�i M Notary Comets Sion Ex tress //
,t�OTAR Y
PUBOG
ie or- VD
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 1-9-2024
Attest by Chris Johnson, City Clerk 1-9-2024
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 1-9-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E R I N G
December 8,2023
Project No.21-213
City of Meridian Water Easement
Legal Description
Exhibit A
Parcels of land for a City of Meridian Water Easement over a portion of Lot 69,Block 10 of Bridgetower Crossing
Subdivision No.7(Book 92 of Plats, Pages 10918-10991),situated in the Northwest 1/4 of the Northwest 1/4 of Section
3S,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly
described as follows:
Commencing at a found 1/2-inch rebar marking the Southeast corner of said Lot 69,which bears S00°S3'13"W a distance
of 200.00 feet from a found 1/2-inch rebar marking the Northeast corner of said Lot 69,thence following the southerly
boundary line of said Lot 69,N89°06'47"W a distance of 315.31 feet to POINT OF BEGINNING 1.
Thence following said southerly boundary line,N89°06'47"W a distance of 34.99 feet to a found S/8-inch rebar on the
easterly right-of-way line of N.Ten Mile Road;
Thence leaving said southerly boundary line and following said easterly right-of-way line,N00°1S'22"W a distance of 17.01
feet;
Thence leaving said easterly right-of-way line,589'02'14"E a distance of 10.20 feet;
Thence N00°57'46"E a distance of 5.00 feet;
Thence S89°02'14"E a distance of 2S.1S feet to a point hereinafter referred to as"POINT A";
Thence S00°S7'46"W a distance of 21.96 feet to POINT OF BEGINNING 1.
Said parcel contains 723 square feet,more or less.
TOG ETH E RW ITH:
Commencing at a point previously referred to as"POINTA",thence NSS°12'S6"E a distance of 242.71 feet to POINT OF
BEGINNING 2.
Thence N00°S2'4S"E a distance of 36.50 feet to the northerly boundary line of said Lot69;
Thence following said northerly boundary line,S89°06'47"E a distance of 20.00 feet,
Thence leaving said northerly boundary line,S00°52'4S"W a distance of 10.25 feet;
Thence S89°07'1S"E a distance of 4.28 feet;
Thence S00°S2'4S"W a distance of 26.25 feet;
Thence N89°07'1S"W a distance of 24.28 feet to POINT OF BEGINNING 2.
Said parcel contains 842 square feet,more or less.
Said description contains a total of 1,S6S square feet,more or less,and is subject to all existing easements and/or rights-
of-way of record or implied.
All subdivisions,deeds,records of surveys, and other instruments of record referenced \p ,NL L A NO Is,herein are recorded documents of the county in which these described lands are o�`�5 \\�ENSF�
situated.
CL 0 6
Attached hereto is Exhibit B and by this reference is made a part hereof.
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{Z ti o NW 1/4 of the NW 1/4 of Section 35,T.4N.,RAW., B.M.,City of Meridian,Ada County, ID
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Title: Date: 12-08-2023
Scale: 1 inch= 10 feet File: Deed Plotter.des
Tract 1: 0.017 Acres: 723 Sq Feet:Closure=n85.5445e 0.00 Feet: Precision=1/63035: Perimeter=114 Feet
001=n89.0647w 34.99 004=n00.5746e 5.00
002=n00.1522w 17.01 005=s89.0214e 25.15
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Title: I Date: 12-0S-2023
Scale: 1 inch= 10 feet I File: Deed Plotter.des
Tract 1: 0.019 Acres: 842 Sq Feet:Closure=n00.5259e 0.00 Feet: Precision=1/44774: Perimeter=122 Feet
001=n00.5245e 36.50 004=s89.0715e 4.28
002=s89.0647e 20.00 005=s00.5245w 26.25
003=s00.5245w 10.25 006=n89.0715w 24.28
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Ten Mile Marketplace Water Main Easement No. 2 (ESMT-2023-0184)
Proiect Name(Subdivision):, ADA COUNTY RECORDER Trent Tripple 2024-001501
Ten Mile Marketplace BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 01/10/2024 09:42 AM
Water Main Easement Number: 1
CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(See Instructions for additional information).
ESMT-2023-0183
WATER MAIN EASEMENT
THIS Easement Agreement, made this 9th day of January , 20 24 between Eckkcu-A PrdperiieS-
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); L e w i si o n, C L-C.
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee,with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page 1 Version 04/17/2023
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns,heirs,personal representatives,purchasers,or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
GRANTOR:
Cheri Moore- Co-AawA off' Fc_kh0.rd-f. Fornili LLLP Sole Member o9
Fc.k6a.r44L Proper` ies - Lewiston, L[-C .
STATE OF IDAHO )
pme$te ) ss
County of Ade• )
This record was acknowledged before me on .(date) by C.Her; Moo r
(name of individual), [complete the following if signing in a representative capacity, or strike
the following if signing in an individual capacity] on behalf of Eckhxrdt Pro per-lief-Lew�340n
(name of entity on behalf of whom record was executed), in the following representative L G
capacity: Co-AQen4 4 Ec k harc(f_(type of authority such as officer or trustee)
Forni� LLLP, Sole lKernber
(stamp)
````%j111jjjj/' Notary Signature
R. B j, �, My Commission Expires: 0�
��P•• ••�'�N; Res;a ;n�y ;n P0.ye-t
\o-fA R)e
AUB%\G gip :
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"gre�or
Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 1-9-2024
Attest by Chris Johnson,City Clerk 1-9-2024
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 1-9-2024 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
kAEWM Adlft
E N G I N E E R I N G
December 8,2023
Project No.21-213
Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Easement over a portion of Lot 70,Block 10 of Bridgetower
Crossing Subdivision No.7(Book 92 of Plats, Pages 10918-10991),situated in the Northwest 1/4 of the
Northwest 1/4 of Section 35,Township 4 North,Range 1 West, Boise Meridian,City of Meridian,Ada County,
Idaho and being more particularly described as follows:
Commencing at a found 1/2-inch rebar marking the Northeast cornerof said Lot 70,which bears S00°53'13"W
a distance of 200.00 feet from a found 1/2-inch rebar marking the Northeast corner of Lot 69 of said
Bridgetower Crossing No.7,thence following the northerly boundary line of said Lot 70, N89°06'47"W a
distance of 315.31 feet to the POINT OF BEGINNING.
Thence leaving said northerly boundary line,S00°57'46"W a distance of 3.04 feet;
Thence N89'02'14"W a distance of 34.92 feet to the easterly right-of-way line of N.Ten Mile Road;
Thence following said easterly right-of-way line, N00'15'22"W a distance of2.99 feet to a found 5/8-inch rebar
on said northerly boundary line;
Thence leaving said easterly right-of-way line and following said northerly boundary line,S89°06'47"E a
distance of 34.99 feet to the POINT OF BEGINNING.
Said parcel contains 105 square feet,more or less,and is subject to all existing easements and/or rights-of-way
of record or implied.
All subdivisions, deeds,records of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
Attached hereto is Exhibit B and by this reference is made a part hereof.
cENSF�SG?G
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a 3 A portion of Lot 70, Block 10 of Bridgetower Crossing Subdivision No.7 situated in the
n Z ti NW 1/4 of the NW 1/4 of Section 35,T.4N.,R.1U'., B.M.,City of Meridian,Ada County, ID
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s89°06'47"e
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34.92
Title: Date: 12-08-2023
Scale: 1 inch= 10 feet File: Deed Plotter.des
Tract 1: 0.002 Acres: 105 Sq Feet: Closure=n54.3540w 0.01 Feet: Precision=1/9838: Perimeter= 76 Feet
001=s00.5746w 3.04 003=n00.1522w 2.99
002=n89.0214w 34.92 004=s89.0647e 34.99
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: Approval of Task Order 11230.i for Aeration Basins Retrofit & Upgrade
Software Integration for the Not-to-Exceed amount of$430,787.00, as well as authorization for
the Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of
$430,787.00
(� E N
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Sandra Ramirez, Procurement Div. Meeting Date: 1/9/2024
Presenter: N/A Estimated Time: 0.0
Topic: Approval of Task Order 11230.i for Aeration Basins Retrofit&Upgrade Software
Recommended Council Action:
Approve Task Order 11230.i to Jacobs Engineering Group for Aeration Basins Retrofit&Upgrades
Software Integration for the Not-to-Exceed amount of$430,787.00.
As well as authorize Procurement Manager to sign the Purchase Order for the Not-to-Exceed
amount of$430,787.00.
Background:
Software Integration to the Process Control system.
-Y OF MERIDIAN Purchase Requisition
Purchasing Department DATE OF
E BROADWAY AVE, STE 106 CITY OF MERIDIAN REQUEST 12/14/2023
MERIDIAN, ID 83642 Public Works PURCHASE ORDER NUMBER MUST APPEAR ON •
TEL: (208)489-0417 SLIPS,CARTONSAND CORRESPONDENCE RELATED TO THIS ORDER
FAX:(208)887-4813 AVAILABLE BUDGET AMOUNT
$3,754,871.00
IS BUDGET AMENDMENT REQUIRED?
)up Inc. No
?00
CASE MANAGEMENT TICKET NO.
PAYMENT TERMS 1FREIGHTTERMS F.O.B. REQUESTOR
NET 30 PREPAID DESTINATION I Public Works
,n Basin 1-4 Retrofit, 9&10 Construction - Process Control Software Integration
ey and Pricing ACCOUNTINGCODES
COMMITMENTOR PROJECT/ TOTAL AMOUNT
QTY UNIT UNIT PRICE FUND
�• DESCRIPTION • . • •
itrol Software Integration 1 LS $ 430,787.00 60 3590 96101 111Y7. $ 430,787.00
11230.i $ -
$ -
$ -
1-9-2024
$430,787.00
AUTHORIZED COUNCIL SIGNATURE(if required) AUTHORIZED DEPARTMENT SI
City Of Meridian
Statement of Revenues and Expenditures - Rev and Exp Report - Sandra
60 - Enterprise Fund
3590 - WW Construction Projects
From 10/1/2023 Through 9/30/2024
Budget with Current Year Budget
Amendments Actual Remaining
Capital Outlay
96101 Aeration Basin Construction 14,946,959.04 11,139,944.32 3,807,014.72
Total Capital Outlay 14,946,959.04 11,139,944.32 3,807,014.72
DEPT EXPENDITURES 14,946,959.04 11,139,944.32 3,807,014.72
TOTAL EXPENDITURES 14,946,959.04 11,139,944.32 3,807,014.72
Date: 12/20/23 03:02:36 PM Page: 1
CONTRACT CHECKLIST
I. PROJECT INFORMATION
Date: 12/14/2023 REQUESTING DEPARTMENT Public Works Dept
Project Name: WRRF AB 1-4 Retrofit&9-10 upgrades Software Integration
Project Manager: Troy Thrall Contract Amount: $430,787
Contractor/Consultant/Design Engineer: Brad CaSch/JacobS
Is this a change order? Yes ❑ No ❑ Change Order No.
II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type
Fund: 60 Budget Available(Purchasing attach report):
Department 3590 Yes ❑✓ No ❑ Construction ❑
GL Account 96101 FY Budget: $2,024 Task Order 0
Project Number: 11230.1 Enhancement: Yes 0 No ❑ Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes 0 No ❑ Grant ❑
IV. GRANT INFORMATION-to be completed only on Grant funded projects
Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded)
N/A N/A N/A NA/
Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach
V. BASIS OF AWARD
BID RFP/RFQ TASK ORDER
Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category 713
(Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: 10/1/2021
Typical Award Yes ❑ No ❑
If no please state circumstances and conclusion:
Date Award Posted: N/A 7 day protest period ends: N/A
VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION
PW License N/A Expiration Date: N/A Corporation Status Active-Goodstanding
Insurance Certificates Received(Date): 6.1.2023 Expiration Date: 7.1.2024 Rating: A++
Payment and Performance Bonds Received(Date): N/A Rating:
Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased?
(Only applicabale for projects above$1,000,000)
VI1. TASK ORDER SELECTION (Project Manager to Complete)
Reason Consultant Selected ❑ 1 Performance on past projects
Check all that apply ❑� Quality of work ❑✓ On Budget
❑� On Time ❑ Accuracy of Construction Est
0 2 Qualified Personnel
❑ 3 Availability of personnel
0 4 Local of personnel
Description of negotiation process and fee evaluation:
The scope of the work was examined by engineering and operations personnel.The costs were reasonable when compared with the costs on similar projects such as the
WRRF Liquid Stream Expansion and the WRRF Headworks Capacity Expansion.
Clint Dolsby 12/14/2023
Enter Supervisor Name Date Approve
Vill. AWARD INFORMATION
Date Submitted to Clerk for Agenda: 12.27.2023 Approval Date 1-9-2024 By: Meridian City Council
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
TASK ORDER NO. 11230.1
Pursuant to the
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF MERIDIAN (OWNER) AND JACOBS ENGINEERING GROUP INC.
(ENGINEER)
This Task Order is made this 9th day of January 2024 and entered into by and between
the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, hereinafter referred to as "City", and accepted by JACOBS ENGINEERING
GROUP INC., hereinafter referred to as "Engineer" pursuant to the mutual promises,
covenant and conditions contained in the Master Agreement (category 713) between the
above-mentioned parties dated October 1, 2021. The Project Name for this Task Order
is as follows:
AERATION BASINS RETROFIT AND UPGRADE -
PROCESS CONTROL SOFTWARE INTEGRATION
PROJECT UNDERSTANDING-SUMMARY
Services that will be provided by the System Programmer to complete the Process
Control Software Integration as described in the Conformed Documents for the City of
Meridian Wastewater Resource Recovery Facility Aeration Basins 1-4 Retrofit and 9-10
Upgrade
The process control system software integration services for the following equipment
will be performed under this single task order:
• Process control system software configuration for automated monitoring and
control of the new system functions, as specified in the Conformed Documents
includes the following:
o Programming for one (1) new Programmable Logic Controller (PLC),
SABB1 PLC0001.
o Updated programming for four (4) existing PLCs, SABB2PLC0001,
SPPS1 PLC0001, SPBB1 PLC0001 , SRWS1 PLC0001 .
o Modifications to the existing plant control system Wonderware System
Platform, Historian, and TopView alarm notification software.
• Configuration of five (5) new Ethernet network switches listed below. All other
network switches, including SCADA ring network switches and those provided by
package system suppliers will be configured by others. Refer to enclosed Table
3, Device List, for a summary Ethernet Switches on this project.
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Jacobs Engineering Group Inc.
• PLC configuration and testing for Ethernet communications to (16) Variable
Frequency Drives (VFDs). VFD configuration is by others. Refer to enclosed
Table 3, Device List, for a summary VFDs on this project.
• PLC configuration and testing for Ethernet communications to (40) Motor
starters. Motor starter configuration is by others. Refer to enclosed Table 3,
Device List, for a summary of motor starters on this project.
• PLC configuration and testing for Ethernet communications to (24) HACH
ethernet transmitters. HACH device configuration is by others. Refer to enclosed
Table 3, Device List, for a summary of HACH transmitters on this project.
• PLC configuration and testing for Ethernet communications to four (4) vendor
package systems.
o SABB1 LCP1001 —Aeration Blower 1
o SABB1 LCP1002 —Aeration Blower 2
o SABB1 LCP1003 —Aeration Blower 3
o SABB1 LCP1004 — Classifying Selector Blower
Work Approach
System Programmer will complete the work in a phased approach.
o Software Planning:
o To include meetings with the Owner, Engineer, and Contractor to
coordinate project schedule, control sequences, PLC code development,
HMI graphics development, testing procedures, and testing coordination.
o Software Development:
o To include PLC and HMI development, unwitnessed software test,
witnessed software factory acceptance test, panel builder factory
acceptance test.
o Software Implementation:
o To include implementation of PLC and HMI programming, onsite loop
testing, process control strategy/functional testing, closed loop testing, and
system acceptance test as described in Section 25 08 00. This phase will
also include training and final tuning.
SCOPE OF WORK
Task 1 — Project Management
Manage, coordinate and lead System Programmer activities and perform administration
of the project control system software execution and control system software quality
reviews. System Programmer will provide the resources necessary for project initiation
and management throughout the project. Activities include contract administration,
project accounting, Health & Safety Plan preparation, project documentation, monitoring
progress, change management, periodic invoicing, and closeout and archiving. The
estimated level of effort associated with these functions is based on an 83-week
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duration from Owner-issued notice-to-proceed to completion for the tasks described
herein.
Change Management
Request for Change (RFC): Changes made by the Engineer, Owner, or Contractor to
the City of Meridian Wastewater Resource Recovery Facility Aeration Basins 1-4
Retrofit and 9-10 Upgrade Project Conformed Contract Drawings and Specifications
that impact this scope of work and or schedule will be submitted as an RFC by the
Owner to the System Programmer prior to implementing the change. The System
Programmer shall review the RFC and submit a response including cost and schedule
impacts. The System Programmer may begin working on the change once terms are
agreed upon and authorization is received from the Owner.
System Programmer Change Proposal (CP): If the System Programmer wants to
propose an alternate solution to the Conformed Contract Drawings and Specifications or
to suggest a change to the Contract, it will be done using a CP form. The System
Programmer will provide information describing the change and the cost or credit being
proposed and the schedule impacts. If a CP is accepted, or partially accepted by the
Owner, the Owner will issue an RFC authorizing the change.
Request for Information (RFI): The System Programmer may request interpretation or
clarification of the Conformed Contract Drawings and Specifications or the I/O list during
the construction of the project. Either the Owner, Engineer, Contractor, or System
Programmer may request additional information from one of the other parties. The
request section of the form will be filled out by the party initiating the request. It will be
sent to the Engineer. The Engineer will distribute it to the appropriate party for a written
response. The written response will be returned to the Engineer who will distribute
copies. If the response to an RFI causes a change to this Contract, the Owner shall be
notified. If the Engineer and Owner concur, Owner will issue an RFC to the System
Programmer.
Health and Safety Plan
Develop a Health and Safety Plan for Jacobs work throughout the project.
Deliverables
• Completed RFC responses.
• Completed CP forms.
• Completed RFI forms.
• Monthly invoices and progress reports.
• Monthly schedule updates.
Task 2 — Construction Support Services
Coordinate construction schedules and equipment submittals with the Contractor and
Owner in order to provide successful integration of the control system software.
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• Participate in Pre-Construction meeting at the project site with Owner and
Contractor (2 people at 4 hours each)
• Review Contractor's preliminary construction schedule
• Review 25 associated Contractor submittal packages from the following sections
and provide review responses. Up to four re-submittals assumed (up to a total of
70 hours).
0 01 32 00, Construction Progress Documentation
0 01 75 00, Testing, Training, and Commissioning
0 01 79 00, Demonstration and Training
0 25 08 00, Commissioning of Integrated Automation
0 25 99 00, Integrated Automation Control Sequences for Process Systems
0 25 99 15, Control Sequences
0 26 08 00, Commissioning of Electrical Systems
0 2624 19, Low Voltage Motor Control
0 26 29 23, Low Voltage Adjustable Frequency Drives
0 40 06 20.13, Power Actuated Valve and Gate Schedule for Process
Services
0 40 90 00, Instrumentation and Control for Process Systems.
0 40 91 00, Primary Process Measurement Devices, (includes all 40 91
subsections)
0 40 94 43, Programmable Logic Controllers
0 40 94 53, Package Process Control Systems
0 40 95 00, Process Control Hardware
0 40 95 13, Process Control Panels and Hardware
0 40 95 23, Schedules for Instrumentation of Process Systems
0 40 95 33, Process Control Networks
0 40 95 43, Process Control Hardware Interfaces
0 40 95 53, Process Control Switches
• Review associated requests for information (RFIs) and provide responses. Up to
20 RFI responses assumed (up to a total of 32 hours).
• Incidental coordination with Contractor (maximum 83 hours, average 1 hour per
week in accordance with Milestone Schedule below.)
Deliverables
• Submittal review comments.
• RFI responses.
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Jacobs Engineering Group Inc.
Task 3 — Software Planning
Coordinate planning activities with the Engineer, Owner and Contractor in order to
define roles and responsibilities. Workshops are included to allow System Programmer,
Owner and Engineer to review the control sequences, and to further define the details of
the control sequences prior to beginning software development.
System Programmer Kickoff Meeting
• Schedule and lead one 2-hour workshop at the project site.
• Review procedures for exchanging information with Owner, Engineer, Contractor,
System Integrator, and Package System Vendors including:
o Contractor Submittals
o System Programmer Submittals
o Contractor RFIs
o I/O Interface Summaries (spreadsheet maintained and submitted by
Contractor per 25 08 00 2.02D)
■ Rack/Slot/Point assignments
o Test Plans (maintained and submitted by Contractor per 25 08 00 2.0213)
o Control Sequences (maintained and submitted by System Programmer for
Engineer Approval)
o Training Plans (maintained and submitted by Contractor per 01 75 00
1.04C)
o Review Construction Schedule and determine update frequency.
o Reference Sections
■ 01 75 00, Testing, Training, and Commissioning
■ 25 08 00, Commissioning of Integrated Automation
■ 25 99 00, Integrated Automation Control Sequences
■ 25 99 15, Control Sequences
■ 40 90 00, Instrumentation and Control for Process Systems
■ 40 95 33, Fiber Optic Process Control Networks
Database setup
• Populate Commissioning database with PLC I/O tags, loop descriptions, and AOI
assignments.
Control Sequences
• Lead one 5-hour Preliminary Control Sequence Workshop at the project site with
Owner staff and Engineer to review the control sequences as described in
Sections 25 99 00 and 25 99 15 and to further define the details of the control
sequences necessary for programming.
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o Notes from the workshop will be used by System Programmer to update
the Control Sequence document.
o Revised Control Sequences to be approved by Engineer and Owner.
Once revised, the System Programmer will assess the quantity and level
of changes resulting from the Preliminary Control Sequence Workshops
and submit Change Proposal forms if needed prior to developing
preliminary code and prior to scheduling Final Control Sequence
Workshop.
o System Programmer will follow the intent of the written control sequences
through the use of the City's current software programming standards,
while not requiring Requests for Change to transpose into the current
standard.
• Lead one 2-hour Final Control Sequence Workshop at the project site with
Owner staff and Engineer to review and finalize the control sequences.
Workshop to include discussions related to custom control faceplates that will be
developed on the project to provide operations the ability to configure setpoints
for control functions.
o Notes from the workshop will be used by the System Programmer to
update the Control Sequences document. Revised Control Sequences to
be approved by Engineer and Owner. Once revised, the System
Programmer will assess the quantity and level of changes resulting from
the Final Control Sequence Workshop and submit Change Proposal forms
if needed prior to proceeding with task 4.
• All Control Sequence document edits to be completed by the System
Programmer and approved by the Engineer and Owner.
10 List Evaluation and Assignments
• SABB2 — Existing Blower Building 2 PLC Panel
o System Programmer to evaluate the 10 requirements defined in the
contract documents and assign Rack/Slot/Point in the existing SABB2
PLC panel.
o Determine that there is enough spare capacity in the existing SABB2 PLC
panel and notify project team if additional 10 cards need to be added.
o System Programmer to evaluate the Ethernet 10 requirements defined in
the contract documents and determine if there is enough capacity in the
existing network switches to accommodate the network additions. If
additional switches are required, System Programmer will notify the
Owner.
o Coordinate Rack/Slot/Point assignments with Contractor, Owner and
Engineer.
• SPBB1 — Existing Post Aeration Blower Building PLC Panel
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o System Programmer to evaluate the Ethernet 10 requirements defined in
the contract documents and determine if there is enough capacity in the
existing network switches to accommodate the network additions. If
additional switches are required, System Programmer will notify the
Owner.
• SRWS1 — Existing Ras/Was Station 1 PLC Panel
o System Programmer to evaluate the Ethernet 10 requirements defined in
the contract documents and determine if there is enough capacity in the
existing network switches to accommodate the network additions. If
additional switches are required, System Programmer will notify the
Owner.
• SPPS1 — Existing Primary Sludge Pump Station PLC Panel
o System Programmer to evaluate the Ethernet 10 requirements defined in
the contract documents and determine if there is enough capacity in the
existing network switches to accommodate the network additions. If
additional switches are required, System Programmer will notify the
Owner.
• SABB1 — New Blower Building 1 PLC Panel
o Coordinate Rack/Slot/Point assignments with Contractor, Owner and
Engineer.
Vendor Package Coordination Workshop
Jacobs will lead one 1-hour coordination workshop with the Blower Vendor to
coordinate PLC to PLC communication strategies, data map, and control functionality.
Deliverables
• Meeting minutes from System Programmer Kickoff meeting.
• Preliminary control sequences workshop notes.
• Final control sequences workshop notes.
• Revised control sequences document.
• 10 list with Rack Slot Point assignments.
• Vendor package coordination workshop notes
Task 4 — Software Development
The purpose of this task is to complete the programming of the plant control system
software, and to demonstrate the software functions to the Owner and Engineer, refer to
enclosed Table 2, Subsystem Details, for a description of the systems included in this
scope of work.
System Programmer will provide the following services for each of the 5 PLCs listed in
Table 2:
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PLC and HMI programming
• Based on the results of the final Control Sequences workshop.
• Up to 10 process graphics.
• Up to 5 custom control pop-up graphics.
• Modify Navigation graphic, Site plan graphic, and control network graphic.
• Modify up to 5 existing process graphics that are affected by the existing
equipment modifications on the Project.
• Vendor package system programming for Blower Vendor package systems
o Programming effort based off Lonestar Blower Vendor package systems
programmed in the Meridian Liquids project.
o PLC and HMI programming for the Vendor package to align with the
vendor package coordination workshop.
Draft HMI Graphics Review
Provide HMI screenshots of up to 5 major process graphics and 2 custom control
popups digitally for review of concepts by City staff before labor is invested in
development of all graphics required for the project.
System Programmer to lead a 2-hour workshop with within one week of providing the
screenshots for review to demonstrate the concepts and collect Owner feedback.
Owner staff will provide marked-up copies of the graphics identifying the desired
changes within 1 week from completion of the graphics review workshop.
Unwitnessed Software Demonstration
Unwitnessed software demonstration test to confirm that the PLC and HMI programs
are ready for the witnessed software demonstration test and that they meet the
functional requirements of the project. This test does not include vendor package PLCs,
VFDs, or smart overload devices.
Witnessed Software Demonstration
Lead 2 4-hour witnessed software demonstrations. Witnessed software demonstrations
are a repeat of the unwitnessed software demonstration test but witnessed by Owner
and Engineer to verify functionality of PLC and HMI programs meet the project
requirements.
Control Sequence Document
Maintain redline electronic copies of Control Sequences throughout the development
and implementation phases of the project. Edits to Control Sequences will be submitted
to Owner and Engineer for approval. (Note: System Programmer to maintain master
copy of Control Sequences).
After the witnessed software demonstration, Control Sequences will be updated with
screenshots from Jacobs Lab development environment. This document will be used in
preliminary operator classroom training prior to the operational test phase.
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System Test Plan Development
Develop system test plans for new systems for local interlocks and remote-control
functionality based on Control Sequences developed in the project. System Test Plans
to be reviewed by City staff and Engineer for approval prior to Software Implementation.
System Test Plans will be developed within the System Programmer Commissioning
Database and will be exported into PDF format.
Blower Factory Acceptance Test
System Programmer to attend the Blower Factory Acceptance Test to verify proper
construction of Blower PLC Panels and verify PLC to PLC to Wonderware
communications.
Aeration Blower Building 1 PLC Factory Acceptance Test
System Programmer to attend the Aeration Blower Building PLC Factory Acceptance
Test to verify proper construction of the Aeration Blower Building 1 PLC.
Deliverables
• Up to 10 preliminary process graphics
• Up to 5 preliminary custom control pop-up graphics
• Witnessed Software Demonstration notes
• Updated control sequence document
• System Test Plans (in PDF format)
• Blower Factory Acceptance Test notes, including punch list items for blower
vendor
• Aeration Blower Building 1 PLC Factory Acceptance Test Notes, including punch
list items for the panel fabricator.
Task 5 — Software Implementation
Install the Plant control system software additions, provide required field testing, provide
Owner training, and to complete the system startup and tuning.
TopView Alarm List
Develop alarm list for the project to provide to the Owner for selecting and importing
alarms into the TopView alarm notification software. Owner staff will coordinate with
operations and import into TopView.
Configuration and Commissioning
• System Programmer will provide the following services for each of the
subsystems listed in Table 2:
o HMI software installation and configuration.
o PLC software installation and configuration
• Ethernet communication configuration for (5) 10 network switches.
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• Ethernet communication configuration for (16) variable frequency drives (VFDs).
All other VFD configuration is by others.
• Ethernet communication configuration for (40) motor starters. All other motor
starter configuration is by others.
• SCADA network switch communication failure testing: network node failure
testing to verify that network alarming is confirmed when a loss of communication
occurs.
Testing Preparation
Prior to beginning each test phase, System Programmer will review Contractor test
result submittals of each required prerequisite test to confirm systems are ready for
System Programmer testing. System Programmer testing to commence no less than 2
weeks following review and approval of the Contractor's prerequisite test result
submittals.
Upon completing each test phase, System Programmer will submit test results for
Owner and Engineer approval and signature.
Component Test Phase
• Loop Testing as described in Section 25 08 00 3.03.G in collaboration with
Contractor. Test each instrument loop as an integrated system from field
instruments and controlled devices to Wonderware. 1/0 counts based on Section
40 95 23.10.
o Local 1/0: 182 DI, 0 DO, 62 Al, 48 AO.
o Network 1/0: 439 DI, 57 DO, 125 Al, 14 AO.
0 1 person, 160 hours total
System Test Phase
• Process Control Strategy/Functional Testing as described in Section 25 08 00
3.04.13 including debugging PLC control logic, exercising control narratives,
verifying alarming functions and verifying interlocks.
o 1 person 120 hours total
• Control System Closed Loop Testing as described in Section 25 08 00 3.04.0
including PID loop tuning.
o 1 person, 48 hours total
Operational Test Phase
Perform System Acceptance Test (SAT) as described in Section 25 08 00 3.05A.
• Each component of the system operates correctly with all other components of
the system.
• Verify analog control loops operate in a stable manner.
• Verify hardwired and software equipment interlocks perform correctly.
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• Verify process control sequences perform correctly.
• Verify PLC application programs performs monitoring and control functions
correctly.
• Verify operator interface graphics represent the monitoring and control functions
correctly.
• 1 person 80 hours total
• Operational Test Phase is considered complete when the software performs the
functions as described in the process control narratives modified in Task 3.
Final Tuning
• Final tuning adjustments of all PID loops, timing sequences, and alarm setpoints.
• 1 person 40 hours total
Training
• Classroom training onsite following System Test Phase, prior to Operational Test
Phase. 2 people for two 2-hour sessions (up to 8 hours total).
• Live control room training using Plant HMI and functional PLCs, after Operational
Test Phase. 2 people for two 2-hour sessions (up to 8 hours total).
Deliverables
• TopView Alarm List
• Software test documentation forms for signature by an Owner representative
authorized to witness and approve successful test completion.
o Component test results
o System test results
o Operational test results
• Updated Wonderware HMI application
• Final PLC programs
• Final Updated Control Narrative with screenshots
Task 6 — Blower Building 2 Blower VFD
Provide PLC and HMI programming to control the new VFD being installed in Blower
Building 2. This VFD is added to act as a "soft start" for Blower 2. Based on the contract
drawing I-300-1002 Rev B, Dated August 2023, a new VFD is installed that will be
dedicated to Blower 2. The drawing indicates this new VFD will be wired directly to the
Blower 2 PLC and therefore programming updates associated with this effort would be
in the vendor Blower 2 PLC.
Software Function Definition Workshop
System Programmer to lead a 1-hour workshop to define the software functions
required because of the installation of the new VFD. Included in this workshop will be
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discussions about the overall blower start / stop function as well as potential for using
this VFD to start each of the medium voltage blowers.
Software Planning
Following the Software Function Definition Workshop, System Programmer to develop
control sequence for the new VFD.
• 1 person 4 hours total
Following the Software Function Definition Workshop, System Programmer to
coordinate with blower vendor to ensure they agree with proposed changes.
• 1 person 4 hours total
Software Development
System Programmer to update existing Blower 2 PLC, HMI and Wonderware programs
to accommodate the swap from the existing starter to the new VFD. The development
for this software will be done in the Jacobs lab, tested, and reviewed with Owner
SCADA staff.
Development to include the upgrade from hardwired start/stop controls to ethernet
start/stop and speed command controls.
• 1 person 40 hours total
Software Implementation
System Programmer to install updated PLC and HMI software, provide required field
testing and to complete the VFD startup.
Component Test Phase
• PLC configuration and testing for Ethernet communications to the Blower
Building 2 Large Blower VFD, SABB2VFD1000. VFD configuration is by others.
• Loop Testing as defined in Section 25 08 00 3.03.G in collaboration with
Contractor. Test the VFD loop as an integrated system from the VFD to the
Blower HMI and to Wonderware.
• 1 person 24 hours total
System Test Phase
• Process Control Strategy / Functional Testing as defined in the Software
Function Definition Workshop, including debugging PLC control logic, verifying
alarming functions and verifying interlocks.
• 1 person 12 hours total
Operational Test Phase
Perform System Acceptance Test (SAT) as described in Section 25 08 00 3.05A.
• Verify VFD operates correctly with all other components of the Blower system.
• Verify hardwired and software interlocks perform correctly.
• Verify process control sequences perform correctly.
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• Verify PLC, HMI and Wonderware application programs performs the monitoring
and control functions correctly.
• 1 person 16 hours
• Operational Test Phase is considered complete when the software performs the
functions as described in the process control narratives modified in the control
narratives modified in the Software Function Definition Workshop portion of this
task (Task 6).
ASSUMPTIONS
While preparing our scope of services and fee schedule, we have made the following
assumptions:
• Due to the System Programmer's experience and understanding of Owner's
plant control system and programming standards, Section 40 98 00, Process
Control Software is replaced in entirety by this scope of work.
• Any software licenses required for this project are supplied by others and are not
included in this scope of work.
• System Programmer to have remote access to PLC programming software and
System Platform programming software during Task 5 to allow for remote
assistance for small troubleshooting tasks.
• Control functionality is based on the conformed specifications.
o Any functionality changes proposed during workshops will be reviewed
and approved by the Engineer and Owner for functionality, schedule and
budget impacts before proceeding with detailed PLC and HMI
programming.
o Any functionality changes proposed during Software Development, FAT,
or Implementation will be reviewed and approved by the Engineer and
Owner for functionality, schedule and budget impacts before implementing
the change.
o Any functionality changes that require modification to field equipment or
the construction of field equipment shall be processed with the Contractor
through the Contract Modification Procedures by the Engineer or Owner
as required prior to implementing the functionality change, unless directed
otherwise by the Engineer and Owner.
• PLC and HMI programming for this project will be done remotely from the site,
primarily in the Jacobs Boise office.
• PLC 1/0 to be programmed and tested is based on Section 40 95 23.10 with the
addition of 10 for 6 ethernet drives. Engineer, Contractor, or Owner changes to
the 1/0 list shall be issued as an RFC. System Programmer shall have no less
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than 30 working days prior to loop testing to implement each change or as
agreed to in the RFC response.
• System Programmer to use the Owner standard Allen Bradley ControlLogix
version 30 and Wonderware ArchestrA system platform version 2017 SP3,
Update 1.
• PLC programming effort is based on using the Owner's existing add-on
instructions (AOls) similar to those used on the Lift Station SCADA Upgrade
project.
o Analog_lnput_Scaling_V1 — v0.0
o CoM Interlock v1 —v1.0
o CoM_Sequencer_Start_Immediate —v0.3
o Discrete Alarm — v4.0
o E300 V2 — v0.0
o LeadLag — v1.0
o LeadStandby —v1.0
o Motor Fixed_Speed_v2 —v2.0
o Motor VariableSpeed_v2 — v2.0
o PIDE Control v1 — v0.0
o PIDe Override V1 0 — v1.1
o Sequencer_Start_Immediate_V1 — v0.0
o Totalizer1 — v8.1
• HMI programming effort is based on using the Owner's existing System Platform
object templates similar to those used on the Lift Station SCADA Upgrade
project.
• Historian configuration is not required as all historicized objects will use owner
standard templates that have the historian configuration already configured.
• PLC and HMI tagging format will be based on tags listed in Section 40 95 23.10.
• Programming for monitoring of vendor package systems will be similar to the
methods and functions used for the existing blowers on the Meridian Liquids
Project.
• Owner will use tags in Section 40 95 23.10 for entering and assigning tags within
the Plant Maintenance Management System (Hansen). Owner modification of
tags to be completed prior to the software development phase of the project.
• TopView modifications will add up to 600 new alarms based on new PLC
programs, importing of alarms into the live TopView system will be handled by
Owner.
Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 14 of 19
Jacobs Engineering Group Inc.
• Onsite software testing will not begin until preliminary equipment testing has
been successfully completed by the Contractor and authorization to proceed is
issued to System Programmer. Preliminary testing means that all wiring is
complete and tested, field instrumentation is calibrated and operational, phase
rotation has been confirmed on all 3-phase powered rotating machinery, all
required manufacturer's startup service is complete (including receipt of
Manufacturer's Certificate of Proper Installation, where required by specification),
and local manual control of all equipment has been confirmed.
• Network switches for the main SCADA ring are configured by IT.
• Factory Acceptance Test for the Blower PLC panels will not happen locally and
therefore travel expenses are included. It is assumed that the Blower PLC FAT
will happen in the contiguous US and only one FAT is required to cover the 3
aeration blowers and the classifying selector blower.
• Factory Acceptance Test for the new SABB1 PLC will happen locally in the
Treasure Valley and therefore travel expenses for this FAT are not included.
• Test results signed by Owner and Engineer are confirmation that testing has
been completed successfully. Repeat of tests following sign off or additional
testing beyond what is described in this scope are not included and will be
resolved using contract modification procedures described in Task 1.
• Test delays or interruptions due to Contractor, Engineer, Owners or vendors
work are not included and will be resolved using contract modification procedures
described in Task 1.
• Failed tests resulting from Engineer errors, Contractor errors, equipment
problems or issues outside the control of the System Programmer will be
submitted by the System Programmer to the Owner for resolution by the
associated parties. Impacts to programming will be resolved using contract
modification procedures described in Task 1.
• System Programmer is not accountable for errors and omissions in the
construction contract documents. Impacts to programming will be resolved using
contract modification procedures described in Task 1.
• Contractor staff will be available for coordination and assistance with field
equipment during software testing.
• System Programmer will use software test documentation forms for signature by
an authorized Owner representative (similar to those used for previous work
executed at the WWRF by System Programmer).
• Milestone schedule is based on Owner provided start date of January 1st, 2024
and 19-month project duration.
• Temporary controls described in Section 01 50 00, or 01 57 28 are by others and
are not included in this scope of work.
Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 15 of 19
Jacobs Engineering Group Inc.
• Installation, testing and configuration of HVAC systems, networked telephone
systems, distributed antenna system, and fire and alarm systems are by others
and not included in this scope of work.
• Contractor RFIs associated with System Programmer tasks will be reviewed by
System Programmer prior to Engineer issuing a response to the Contractor.
• Configuration of VFD's, smart overloads, and HACH transmitters by others.
TABLE 2: Subsystem Details
Hardwired 1/0 Network 1/0
PLC DI DO All AO DIE DOE AIE AOE
SABBlPLC0001 132 0 46 34 306 38 107 12
SABB2PLC0001 50 0 16 14 98 14 18 2
SPBBlPLC0004 0 0 0 0 7 1 0 0
SPPSlPLC0001 0 0 0 0 28 4 0 0
SRWSlPLC0001 0 0 0 0 18 6 12 6
TABLE 3: Device List
Device Description Type
SABBlNWS0001 Aeration Blower Building 110 switch Network Switch
SAERlNWS0001 Aeration 1 AIT 10 switch Network Switch
SAER3NWS0001 Aeration 3 AIT 10 switch Network Switch
SABBlNWS1001 Aeration Blower Building MCC 10 switch Network Switch
SAER9NWS0001 Aeration 9 AIT 10 switch Network Switch
SABBlVFD0001 Secondary Clarifier 4 Mechanism VFD
SABBlVFD0002 Secondary Clarifier 4 Scum Pump VFD
SABBlVFD0003 Secondary Clarifier 5 Mechanism VFD
SABBlVFD0004 Secondary Clarifier 5 Scum Pump VFD
SABBlVFD0005 RAS Basin Pump 1 VFD
SABBlVFD0006 RAS Basin Pump 2 VFD
SABBlVFD0007 RAS Basin Pump 3 VFD
SABBlVFD0008 RAS Basin Mixer 1 VFD
SABBlVFD0009 RAS Basin Mixer 2 VFD
SABBlVFDO010 WAS Pump 1 VFD
SABBIVFD0011 Aeration Basin 1 Internal Mixed Liquor Recycle Pump VFD
SABBlVFDO012 Aeration Basin 2 Internal Mixed Liquor Recycle Pump VFD
SABBlVFDO013 Aeration Basin 3 Internal Mixed Liquor Recycle Pump VFD
SABBlVFDO014 Aeration Basin 4 Internal Mixed Liquor Recycle Pump VFD
SABB2VFD0009 Aeration Basin 9 Internal Mixed Liquor Recycle Pump VFD
SABB2VFD0010 Aeration Basin 10 Internal Mixed Liquor Recycle Pump VFD
Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 16 of 19
Jacobs Engineering Group Inc.
Device Description Type
SSCL4PMP0003 Secondary Clarifier 4 Weir Washer Pump Motor Starter
SSCL5PMP0003 Secondary Clarifier 5 Weir Washer Pump Motor Starter
SAERlPMP2001 Aeration Basin Drain Pump Motor Starter
SAERlMIX1001 Aeration Basin 1 Zone 1 Mixer Motor Starter
SAERlMIX1002 Aeration Basin 1 Zone 2 Mixer Motor Starter
SAERlMIX1003 Aeration Basin 1 Zone 3 Mixer Motor Starter
SAERlMIX1004 Aeration Basin 1 Zone 4 Mixer Motor Starter
SAERlMIX1005 Aeration Basin 1 Zone 6 Mixer Motor Starter
SAERlMIX1006 Aeration Basin 1 Zone 7 Mixer Motor Starter
SAER2MIX1001 Aeration Basin 2 Zone 1 Mixer Motor Starter
SAER2MIX1002 Aeration Basin 2 Zone 2 Mixer Motor Starter
SAER2MIX1003 Aeration Basin 2 Zone 3 Mixer Motor Starter
SAER2MIX1OO4 Aeration Basin 2 Zone 4 Mixer Motor Starter
SAER2MIX1005 Aeration Basin 2 Zone 6 Mixer Motor Starter
SAER2MIX1006 Aeration Basin 2 Zone 7 Mixer Motor Starter
SAER3MIX1001 Aeration Basin 3 Zone 1 Mixer Motor Starter
SAER3MIX1002 Aeration Basin 3 Zone 2 Mixer Motor Starter
SAER3MIX1003 Aeration Basin 3 Zone 3 Mixer Motor Starter
SAER3MIX1004 Aeration Basin 3 Zone 4 Mixer Motor Starter
SAER3MIX1005 Aeration Basin 3 Zone 6 Mixer Motor Starter
SAER3MIX1006 Aeration Basin 3 Zone 7 Mixer Motor Starter
SAER4MIX1001 Aeration Basin 4 Zone 1 Mixer Motor Starter
SAER4MIX1002 Aeration Basin 4 Zone 2 Mixer Motor Starter
SAER4MIX1003 Aeration Basin 4 Zone 3 Mixer Motor Starter
SAER4MIX1OO4 Aeration Basin 4 Zone 4 Mixer Motor Starter
SAER4MIX1005 Aeration Basin 4 Zone 6 Mixer Motor Starter
SAER4MIX1006 Aeration Basin 4 Zone 7 Mixer Motor Starter
SAER9MIX1001 Aeration Basin 9 Zone 1 Mixer Motor Starter
SAER9MIX1002 Aeration Basin 9 Zone 2 Mixer Motor Starter
SAER9MIX1003 Aeration Basin 9 Zone 3 Mixer Motor Starter
SAER9MIX1004 Aeration Basin 9 Zone 4 Mixer Motor Starter
SAER9MIX1005 Aeration Basin 9 Zone 6 Mixer Motor Starter
SAER9MIX1006 Aeration Basin 9 Zone 7 Mixer Motor Starter
SAER10MIX1001 Aeration Basin 9 Zone 1 Mixer Motor Starter
SAER10MIX1002 Aeration Basin 9 Zone 2 Mixer Motor Starter
SAER10MIX1003 Aeration Basin 9 Zone 3 Mixer Motor Starter
SAER10MIX1O04 Aeration Basin 9 Zone 4 Mixer Motor Starter
Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 17 of 19
Jacobs Engineering Group Inc.
Device Description Type
SAER10MIX1005 Aeration Basin 9 Zone 6 Mixer Motor Starter
SAER10MIX1006 Aeration Basin 9 Zone 7 Mixer Motor Starter
SlFINOPMP0003 Elutriation Water Pump Motor Starter
SAERlAIT0001 Aeration Basin 1 DO Transmitter 1 HACH Transmitter
SAERlAIT0002 Aeration Basin 1 DO Transmitter 2 HACH Transmitter
SAERlAIT0003 Aeration Basin 1 DO Transmitter 3 HACH Transmitter
SAERlAIT0004 Aeration Basin 1 DO Transmitter 4 HACH Transmitter
SAER2AIT0001 Aeration Basin 2 DO Transmitter 1 HACH Transmitter
SAER2AIT0002 Aeration Basin 2 DO Transmitter 2 HACH Transmitter
SAER2AIT0003 Aeration Basin 2 DO Transmitter 3 HACH Transmitter
SAER2AIT0004 Aeration Basin 2 DO Transmitter 4 HACH Transmitter
SAER3AIT0001 Aeration Basin 3 DO Transmitter 1 HACH Transmitter
SAER3AIT0002 Aeration Basin 3 DO Transmitter 2 HACH Transmitter
SAER3AIT0003 Aeration Basin 3 DO Transmitter 3 HACH Transmitter
SAER3AIT0004 Aeration Basin 3 DO Transmitter 4 HACH Transmitter
SAER4AIT0001 Aeration Basin 4 DO Transmitter 1 HACH Transmitter
SAER4AIT0002 Aeration Basin 4 DO Transmitter 2 HACH Transmitter
SAER4AIT0003 Aeration Basin 4 DO Transmitter 3 HACH Transmitter
SAER4AIT0004 Aeration Basin 4 DO Transmitter 4 HACH Transmitter
SAER9AIT0001 Aeration Basin 9 DO Transmitter 1 HACH Transmitter
SAER9AIT0002 Aeration Basin 9 DO Transmitter 2 HACH Transmitter
SAER9AIT0003 Aeration Basin 9 DO Transmitter 3 HACH Transmitter
SAER9AIT0004 Aeration Basin 9 DO Transmitter 4 HACH Transmitter
SAER10AIT0001 Aeration Basin 10 DO Transmitter 1 HACH Transmitter
SAER10AIT0002 Aeration Basin 10 DO Transmitter 2 HACH Transmitter
SAER10AIT0003 Aeration Basin 10 DO Transmitter 3 HACH Transmitter
SAER10AIT0004 Aeration Basin 10 DO Transmitter 4 HACH Transmitter
TIME OF COMPLETION and COMPENSATION SCHEDULE
COMPENSATION AND COMPLETION SCHEDULE
Task Description Estimated Completion Date Compensation
1 Project Management ■ 9/30/2025 $30,998.00
2 Construction Support Services ■ 9/30/2025 $41,409.00
3 Software Planning (Phase 1) ■ 4/1/2024 $22,194.00
4 Software Development (Phase 2) ■ 1/15/2025 $228,465.00
5 Software Implementation (Phase 3) ■ 9/30/2025 $84,870.00
6 Blower Building 2 VFD ■ 7/31/2025 $22,851.00
TASK ORDER TOTAL: $430,787.00
Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 18 of 19
Jacobs Engineering Group Inc.
The Not-To-Exceed amount to complete all services listed above for this Task Order No.
11230.i is (four hundred thirty thousand seven hundred eighty-seven dollars)
$430,787.00. No compensation will be paid over the Not-to-Exceed amount without prior
written approval by the City in the form of a Change Order. No travel or expenses will be
reimbursed through this agreement. All costs must be incorporated in the individual tasks
within the Compensation and Completion Schedule above.
CITY OF MERIDIAN JACOBS ENGINEERING GROUP INC.
BY: BY:
KEITH WATTS, Procurement Manager JEFF ODSON
1-9-2024
Dated: Dated: 12/27/2023
City Project Manager:
Troy Thrall
Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 19 of 19
Jacobs Engineering Group Inc.
E IDIAN
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AGENDA ITEM
ITEM TOPIC: Approval of Equipment Contract to Lone Star Blower and Compressor for the
supply of Lone Star Blowers to be included in the Aeration Basins 1-4 Retrofit and 9 & 10
Expansion project, for the Not-To-Exceed amount of$1,082,727.00
C� fIEN
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts Meeting Date: 1/9/2024
Presenter: N/A Estimated Time: N/A
Topic: Approval of Equipment Contract to Lone Star Blower and Compressor for the supply
of Lone Star Blowers to be included in the Aeration Basins 1-4 Retrofit and 9 & 10
Expansion project, for the Not-To-Exceed amount of$1,082,727.00
Recommended Council Action:
Approval of Equipment Contract and resulting Purchase Order and authorize the Procurement
Manager to sign.
Background:
This procurement is a negotiated contract from the Council approved Sole Source dated
3/7/2023. The City Attorney's office was involved in negotiating contract language.
CONTRACT FOR THE SUPPLY OF EQUIPMENT
LONE STAR BLOWERS
PROJECT#11230.11-
THIS CONTRACT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made
this 9t" day of January, 2024, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lone
Star Blower and Compressor, hereinafter referred to as "SUPPLIER", whose business
address is 8883 W. Monroe Rd., Houston, TX 77061 .
INTRODUCTION
Whereas, the City has a need for Wastewater Treatment Blower
Equipment; and
WHEREAS, the SUPPLIER is specially trained, experienced and
competent to provide and has agreed to provide such equipment;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1 . Equipment / Supply Specifications & Requirements:
1 .1 SUPPLIER shall supply the equipment, supplies and services to the
City upon execution of this Agreement and receipt of the City's written notice
to proceed, all items, and comply in all respects, as specified in the Quote
#ALR630, Rev.3 dated 8/24/2023, which by this reference is incorporated
herein.
1 .2 The SUPPLIER shall provide all equipment and services under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions and the UCC. The SUPPLIER represents and warrants that it will
perform its work in accordance with generally accepted industry standards
and practices for the profession or professions that are used in performance
of this Agreement and that are in effect at the time of performance of this
Agreement.
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Project #112301
2. Consideration
2.1 The SUPPLIER shall be compensated on a Fixed Price basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof, for the Not-To-Exceed amount of
$1,082,727.00.
2.2 The SUPPLIER shall provide the City with a detailed invoice upon
delivery of all equipment and supplies, which the City will pay within 30 days
of receipt of a correct invoice and approval by the City Project Manager. The
City will not withhold any Federal or State income taxes or Social Security
Tax from any payment made by City to SUPPLIER under the terms and
conditions of this Agreement. Payment of all taxes and other assessments
on such sums is the sole responsibility of SUPPLIER.
2.3 Except as expressly provided in this Agreement, SUPPLIER shall not
be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement., including , but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, SUPPLIER
shall not be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
3. Invoices
Invoices shall be rendered in duplicate and shall include: (1) Purchase Order
number; (2) pricing; (3) quantity; (4) description; (5) any sales taxes or use
taxes as separate items, giving permit number authorizing collection of use
taxes; (6) point of shipment; (7) method and class of shipment; (8) complete
routing of shipment; and (9) whether transportation expense has been
prepaid. Seller/Contractor/Contractor agrees to make a separate invoice for
each order and shipment. Unless otherwise expressly provided in the
Purchase Order, all taxes, duties, tolls, fees, import charges, or other
governmental exactions shall be deemed included in the purchase price of
the supplies and services and the City shall have no liability to pay
Seller/Contractor/Contractor or any third party any amount in excess of the
specified purchase price. City of Meridian, a local governmental entity of the
State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under
the provision of Section 4221 (a)(4) of the Internal Revenue Code. All
invoices shall exclude such excise tax. All invoices shall be sent to the
following address:
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Project #112301
City of Meridian, Accounts Payable, 33. East Broadway Ave., Meridian,
Idaho 83642.
4. Term:
4.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, or (b)
unless sooner terminated as provided below or unless some other method or
time of termination is listed in Attachment A.
4.2 Should SUPPLIER default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may terminate
this Agreement by giving written notification to SUPPLIER.
4.3 Should City fail to pay SUPPLIER all or any part of the compensation
set forth in Attachment B of this Agreement on the date due, SUPPLIER, at
the SUPPLIER's option, may terminate this Agreement if the failure is not
remedied by the City within thirty (30) days from the date payment is due.
5. Termination:
If, through any cause, SUPPLIER, its officers, employees, or agents fails to
fulfill in a timely and proper manner its obligations under this Agreement,
violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in
the performance of this contract, or if the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to SUPPLIER of such termination and specifying the effective date thereof at
least fifteen (15) days before the effective date of such termination.
Notwithstanding the above, SUPPLIER shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by SUPPLIER, and the CITY may withhold any payments to
SUPPLIER for the purposes of set-off until such time as the exact amount of
damages due the CITY from SUPPLIER is determined. This provision shall
survive the termination of this agreement and shall not relieve SUPPLIER of
its liability to the CITY for damages.
6. Independent SUPPLIER:
6.1 In all matters pertaining to this agreement, SUPPLIER shall be acting
as an independent SUPPLIER, and neither SUPPLIER nor any officer,
Blowers - Lone Star Blowers page 3 of 17
Project #112301
employee or agent of SUPPLIER will be deemed an employee of CITY.
Except as expressly provided in Attachment A, SUPPLIER has no authority
or responsibility to exercise any rights or power vested in the City and
therefore has no authority to bind or incur any obligation on behalf of the
City. The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
6.2 SUPPLIER, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves as
independent SUPPLIERs and not as employees of the City.
6.3 SUPPLIER shall determine the method, details and means of
performing the work and services to be provided by SUPPLIER under this
Agreement. SUPPLIER shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's control
with respect to the physical action or activities of SUPPLIER in fulfillment of
this Agreement. If in the performance of this Agreement any third persons
are employed by SUPPLIER, such persons shall be entirely and exclusively
under the direction and supervision and control of the SUPPLIER.
7. Indemnification and Insurance:
7.1 SUPPLIER shall indemnify and save and hold harmless CITY from
and for any and all losses, claims, actions,judgments for damages, or injury
to persons or property and losses and expenses and other costs including
litigation costs and attorney's fees, arising out of, resulting from, or in
connection with the performance of this Agreement by the SUPPLIER, its
servants, agents, officers, employees, guests, and business invitees, and not
caused by or arising out of the tortuous conduct of CITY or its employees.
SUPPLIER shall maintain, and specifically agrees that it will maintain,
throughout the term of this Agreement, liability insurance, in which the CITY
shall be named an additional insured in the minimum amounts as follow:
General Liability One Million Dollars ($1 ,000,000) per incident or occurrence,
Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident
or occurrence and Workers' Compensation Insurance, in the statutory limits
as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY;and if CITY
becomes liable for an amount in excess of the insurance limits, herein
provided, SUPPLIER covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments for
damages or injury to persons or property and other costs, including litigation
costs and attorneys' fees, arising out of, resulting from , or in connection with
the performance of this Agreement by the SUPPLIER or SUPPLIER's
Blowers - Lone Star Blowers page 4 of 17
Project #112301
officers, employs, agents, representatives or subSUPPLIERs and resulting in
or attributable to personal injury, death, or damage or destruction to tangible
or intangible property, including use of. SUPPLIER shall provide CITY with a
Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'S
compliance with the requirements of this paragraph and file such proof of
insurance with the CITY at least ten (10) days prior to the date SUPPLIER
begins performance of it's obligations under this Agreement. In the event the
insurance minimums are changed, SUPPLIER shall immediately submit
proof of compliance with the changed limits. Evidence of all insurance shall
be submitted to the City Purchasing Agent with a copy to Meridian City
Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
7.2 Any deductibles, self-insured retention, or named insureds must be
declared in writing and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles, self-insured retentions
or named insureds; or the SUPPLIER shall provide a bond, cash or letter of
credit guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
7.3 To the extent of the indemnity in this contract, SUPPLIER's Insurance
coverage shall be primary insurance regarding the City's elected officers,
officials, employees and volunteers. Any insurance or self-insurance
maintained by the City or the City's elected officers, officials, employees and
volunteers shall be excess of the SUPPLIER's insurance and shall not
contribute with SUPPLIER's insurance except as to the extent of City's
negligence.
7.4 The SUPPLIER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
7.5 All insurance coverages for Suppliers subs shall be subject to all of
the insurance and indemnity requirements stated herein.
7.6 The limits of insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representatives, employees or
subcontractors.
7.7 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
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Project #112301
8. Bonds: Payment, Warranty and Performance Bonds are required.
9. Warranty: A five (5) year warranty for all equipment provided and a ten (10)
year warranty on rotating parts and lubricant will begin upon successful
completion of startup and certification for full-scale operation by Lone Star
Blower or 180 days from shipment, to be mutually agreed upon. Lone Star
has agreed to store blowers up to 3 months from notice of ready to ship at no
charge. Warranty shall begin 180 days from actual ship date. Under no
circumstances will the warranty begin upon "beneficial use", completion of
the project, or acceptance of the equipment as determined by the engineer
or end user. Any and all warranty terms and conditions detailed in the
proposal herein shall supersede and/or supplement the warranty language
denoted in the Lone Star Blower terms and conditions.
10. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
City of Meridian
Purchasing Manager
33 E. Broadway Avenue
Meridian, Idaho 83642
Ph. (208) 489-0417
Email: kwattsOmeridiancity.org
Lone Star Blower
Attn: Amber Roberts
8883 West Monroe Road
Houston, TX 77061
Ph. 832-532-3112
e-mail: arobertsOlonestarturbo.com
Either party may change their address for the purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
11. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
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Project #112301
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
12. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
13. Assignment: It is expressly agreed and understood by the parties hereto,
that SUPPLIER shall not have the right to assign, transfer, hypothecate or
sell any of its rights under this Agreement except upon the prior express
written consent of CITY.
14. Discrimination Prohibited: In performing the Work required herein,
SUPPLIER shall not unlawfully discriminate in violation of any federal, state
or local law, rule or regulation against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or disability.
15. Reports and Information:
15.1 At such times and in such forms as the CITY may require, there shall
be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
15.2 SUPPLIER shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this Agreement
for a minimum of four (4) years from the termination or completion of this or
Agreement. This includes any handwriting, typewriting, printing, photo static,
photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds or symbols or any combination thereof.
16. Audits and Inspections: Subject to applicable laws respecting the
protection of privacy and the City's requirement to comply with the Idaho
Public Records Act, at any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY
for examination all of SUPPLIER'S records with respect to all matters
covered by this Agreement. SUPPLIER shall permit the CITY to audit,
examine, and make excerpts or transcripts from such records, and to make
audits of all contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and other data relating to all matters covered by
this Agreement.
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Project #112301
17. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
18. Compliance with Laws: In performing the scope of work required
hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and
codes of Federal, State, and local governments.
19. Changes: The CITY may, from time to time, request changes in the Scope
of Work to be performed hereunder. Such changes, including any increase
or decrease in the amount of SUPPLIER'S compensation, which are
mutually agreed upon by and between the CITY and SUPPLIER, shall be
incorporated in written amendments which shall be executed with the same
formalities as this Agreement.
20. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder of
the Agreement is reasonably capable of completion.
21. Waiver of Default: Waiver of default by either party to this Agreement shall
not be deemed to be waiver of any subsequent default. Waiver or breach of
any provision of this Agreement shall not be deemed to be a waiver of any
other or subsequent breach, and shall not be construed to be a modification
of the terms of this Agreement unless this Agreement is modified as provided
above.
22. Advice of Attorney: Each party warrants and represents that in executing
this Agreement. It has received independent legal advice from its attorney's
or the opportunity to seek such advice.
23. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
24. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
Blowers - Lone Star Blowers page 8 of 17
Project #112301
25. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
Certifications.
Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby
certifies:
A. That Contractor is not currently owned or operated by the government
of China and will not, for the duration of this Contract, be owned or
operated by the government of China.
B. That Contractor is not currently engaged in, and will not for the
duration of the Contract engage in, a boycott of goods or services
from Israel or territories under its control.
26. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
CITY OF MERIDIAN SUPPLIER
BY: BY:
Keith Watts, Procurement Manager
Dated: 1-9-2024 Dated: December20, 2023
Approved by Council: 1-9-2024
City Project Manager
Troy Thrall
Blowers - Lone Star Blowers page 9 of 17
Project #112301
Exhibit A
SPECIFICATIONS
The Lone Star Series Blower includes all required accessories for a complete system
system per specification 43 11 20 — Single Stage Integrally Geared Turbo Centrifugal
Blower. Additional associated specification sections relied upon to develop this contract for
supply of equipment were as follows:
• 01 33 00 — Submittal Procedures
• 01 64 00 — Owner Furnished Equipment Installation
• 01 75 00 — Testing and Commissioning
• 01 78 23 — Operation and Maintenance Data
• 01 79 00 — Demonstration and Training
• 25 08 00 — Commissioning of Integrated Automation
• 25 99 00 — Integrated Automation Control Sequences for Process Systems
• 25 99 15 — Control Sequences
• 40 05 57.13 — Manual Actuators
• 40 05 57.13 — Power Actuators
• 40 05 60 — Valves
• 40 90 00 — Instrumentation and Control for Process Systems
• 40 94 43 — Programable Logic Process Controllers
• 40 95 00 — Process Control Hardware
• 40 95 13 — Process Control Panels and Hardware
• 40 95 43 — Process Control Hardware Interfaces
• 43 05 21 — Common Motor Requirements for Equipment
Comments and clarifications pertaining to 43 11 20 and associated specification
sections are listed at the end of Exhibit A.
BLOWER DESIGN The GL Series Integrally Geared Turbo Centrifugal blower package
utilizes inlet and discharge guide vanes for flow modulation and efficiency optimization.
Loan Star Series blowers are built in compliance with API 672 with tilting pad sleeve
bearings for maximum life and reliability. All components of the Lone Star Blower package
are made from the highest quality raw materials and are manufactured with state-of-the-art
machines for strict quality control throughout the process. Lone Star Series Blower features
include:
• 3 to 30 PSI Range
• 1 ,000 to 70,000 CFM
• 100% to 40% Turndown
• Sleeve Bearing Design
• Oil Free Compression
Blowers - Lone Star Blowers page 10 of 17
Project #112301
• High Rise to Surge, Low Maintenance & High Reliability
GL Series Blower
Lone Star Geared Turbo Blower, accessories and controls with variable inlet and discharge
guide vanes for efficiency optimization and minimized power consumption.This equipment
is in compliance with Section 43 11 20 and associated Specification Sections.
Standard Major Skid Components:
Lone Star Series Blower Package consisting of:
• Ductile Iron Volute
• Cast Iron Gearbox Casing
• Aluminum Alloy Impeller, Anodized
• 316SS Variable Diffuser & Inlet Guide Vanes and Diffuser Backplate
• Alloy Steel with White PAP Alloy— Force Lubricated Journal Style Bearings
• High Tensile Alloy Steel Gears & Shafts
• Pressurized Oil Lubrication System
o Oil pumps, oil filters, water cooler (stainless steel), oil reservoir (integral
to blower base) oil heater, active demister, stainless steel tubing
• IP67 IGV & VD Actuators
Lone Star Premium Structural Steel Skid/Base consisting of:
• Heavy Duty Steel Construction
• Oil Reservoir
• Lifting Eyes on Corners
• Premium Coupling
• OSHA Coupling Guard
• Vibration Isolators (Seismic Rated), with Anchor Bolts (shipped loose)
High Efficiency Motor (GL5 — 350HP, GL3 — 200HP)
• 480/3/60, 1 .15 S.F., 3,600RPM
• TEFC Enclosure, 600C Ambient Temperature Rating
• 100 ohm Platinum Bearing and Winding RTDs
• Bearing Vibration Sensors
• 120V Space Heater
• Inverter Duty Rated, Suitable for VFD Starting
Blowers - Lone Star Blowers page 11 of 17
Project #112301
Blower Accessory Package
Inlet Accessories (Shipped Loose; for each blower, for installation by Customer):
Inlet Expansion Joint, EPDM Material
Inlet Filter Silencer, 3-Stage (Equipment No. SABB1 FLT1001 , 1002, & 1003)
Discharge Accessories (Shipped Loose; for each blower, for installation by
Customer):
Discharge Expansion Joint, SS Discharge Cone/Silencer, Carbon Steel
Discharge Valve, Ductile Iron Body, Wafer Style, w/EPDM Seat w/ EQTI Type
Electric Actuator
18", (Cquipment No. SABBVALI uuj & 1 uuG)
14" (Equipment No. SABBVAL1009)
Discharge Check Valve, Carbon Steel Body, Wafer Style, w/EPDM Seat
18", (Equipment No. SABBVAL1002 & )
14" (Equipment No. SABBVAL1008)
Blow-Off Valve, Ductile Iron Body, Wafer Style, w/EPDM Seat w/ EQTI Type
Electric Actuator
6", (Equipment No. SABBVAL1001 , 1004 & 1007)
6", Blow-Off Silencer, Inline Type, Carbon Steel
Blower Instrument Package
Blower Instrumentation (skid mounted & pre-wired to the LCP)
1 st & 2nd Stage Inlet Air Filter Differential Pressure Transmitters
Inlet Air Temperature Sensor & transmitter Inlet Air Pressure Transmitter
Surge switch Discharge Pressure Transmitter*
Discharge Temperature Sensor & Transmitter* Gearbox Inlet Oil Temperature
Transmitter
Gearbox Inlet Oil Pressure Transmitter Oil Filter Differential Transmitter
Oil Reservoir Temperature Sensor Oil Level Gauge
Zero Speed Switch Motor Bearing Vibration Sensors
Motor Bearing & Winding Temperature RTD's Gearbox Bearing Temperature
RT D's
Gearbox Vibration Sensors
Motor Amp Current Transmitter (preinstalled in motor terminal box)
*Shipped loose for field installation
Blowers - Lone Star Blowers page 12 of 17
Project #112301
Control Panels
RIO PANEL:
NEMA Type 4/12 Skid Mounted Remote 1/0 Panel, UL Labeled, 480V/3ph/60Hz, for
termination of all instrumentation wiring, includes the following minimum features:
• Two (2) Independent Sections
o Low Voltage Side, 24 VDC Circuits
o High Voltage Side w/ Disconnect, 480VAC and 120VAC Components
• Power Supply and Transformers for skid mounted auxiliary devices
• Emergency Stop Button, Grounding Systems, Allen Bradley Flex 1/0
LCP PANEL (Equipment No. SABB1 LCP1001, 1002 & 1003):
NEMA Type 4/12 PLC based Local Control Panel (LCP), UL Labeled, 120V,1 ph/60Hz,
includes the following minimum features:
• Allen Bradley CompactLogix PLC, 5069-L306E
• 10" Operator Interface Terminal (OIT), Allen Bradley PanelView
• Emergency Stop Button, 120 VAC SPD
• Ethernet-IP Based Communication Protocol
Protection/Control and monitoring for the following are included:
• Blower operating status (Start/Stop)
• Local control
• Remote/Auto control
• Blower failure/shutdown alarm
• Blow-off valve control (open/close)
• Discharge Valve control (open/close)
• Inlet and variable guide vanes position and control
• Motor Speed via VFD
• Oil low pressure alarm
• Oil high temperature alarm
• Surge control alarm
• Inlet air temperature alarm
• Inlet air filter high differential pressure alarm
• High vibration indicator
• Motor Amps o General alarm indicator
• Global alarm reset
• Service/Normal/Test Models
Not all monitoring and control functions shown
Blowers - Lone Star Blowers page 13 of 17
Project #112301
Product Support
• Seismic Calculations and Drawings, stamped by Registered ID PE, as required.
• Submittal and O&M Documentation and Engineering Support Throughout Project
Execution and Warranty
Testing
• Blower ASME PTC13 Performance Test w/ Job Motor, witnessed*
• Oil Lubrication System Leak Test, non-witnessed
• LCP FAT Test, witnessed*
• Motor Factory test, non-witnessed
*Performance testing may be witnessed, however, travel, lodging, meals, and
miscellaneous expenses not included, to be provided by others.
Field/Startup Services
Lone Star Blower has a fully trained and experienced US based service group which will
perform installation checking, functional testing, equipment commissioning and training.
The following onsite services in accordance with 3 Section 01 75 33 are included:
• Installation Inspection, 16 Hours
• System Test Phase Inspection, 24 Hours
• Operational Test Phase Inspection, 16 Hours
• Commissioning Inspection, 24 Hours
• Training, 8 Hours minimum
Additional service is available per Lone Star's published labor rate sheet. Advance
notification of 15 working days is required for scheduling.
Spare Parts
The following spare parts are included for each unit:
• Two (2) sets of oil filter cartridges
• One (1) set of oil demister filters
• Two (2) sets of air filters
• One (1) set main bearings
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Project #112301
• Two (2) sets of all gaskets
The following spare parts common to all units are included:
• Two (2) sets of special tools
• Oil fill, adequate for one (1) oil change of largest size blower
• One (1) box each fust type required within the blower electrical system
Comments/Clarifications
1 . ITEMS NOT INCLUDED: Master Control Panel, Variable Frequency Drive (VFD),
Fittings, Piping Hardware, Elbows, Existing Equipment Removal and Loading,
Equipment Installation, Equipment Wiring, Taxes and anything not listed in the
above scope of supply shall be provided by others.
2. Post Commissioning Inspection trip is not included, however, available if required
for an added cost.
3. 43 11 20, 2.16 & 2.17 — Referenced Sections 40 05 64.03 & 40 05 64.03 are not
applicable to included valves. Valves included will be Bray Series 30, wafer type
with carbon steel bodies and EPDM Seats as noted above.
4. 43 11 20, 2.18 — Referenced Section 40 05 65.12 is not applicable to included
check valves. Check valves included are wafer type with ductile iron bodies and
EPDM Seats.
5. 43 11 20, 2.23.G — Included PI-Cs will be Allen Bradley CompactLogix model
5069-1-306ER.
6. 43 11 20, 3.04.13.5 — A total of ten (10) ten days, two (2) trips are included for
onsite field services and training. If additional services are required, they are available
for an added cost in accordance with our field service rate sheet.
Blowers - Lone Star Blowers page 15 of 17
Project #11230.1-
Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$1 ,082,727.00.
MILESTONE
DATES/SCHEDULE
18 weeks from Notice to Proceed
Milestone 1 Approval of Submittals 20%
Factory Blower Performance 36 weeks from Completion of
Milestone 2 and LCP FAT TestingMilestone No. 1 50%
Milestone 3 Upon Delivery to City 46 weeks from Completion of 25%
Milestone No. 1
Successful Start Up and 3 weeks from City's contractor
Milestone 4 Commission during Clean requesting to Lone Star to 5%
Water Testing complete
PRICING SCHEDULE
TASK DESCRIPTION QTY AMOUNT
1 . GL Series Blower, Model GL5, 7,000 SCFM 2 $489,020
2 GL Series Blower Model GI-3, 3,500 SCFM 1 1 $200,225
$200,225
3. Blower Accessory Packages 3 $101 ,820 3 $101 ,820
4. Blower Instrumentation Package 3 $32,300 3 $32,300
5. Local Control Panel 3 $112,500 3 $112,500
6. Factory Performance Testing Lot $26,985 Lot $26,985
7. Packaging & Freight Lot $13,550 Lot $13,550
8. Field/Startup Services Lot $24,850 Lot $24,850
9. Spare Parts Lot $26,070 Lot $26,070
Blowers - Lone Star Blowers page 16 of 17
Project #112301
10. 5 Year Package Warranty, 10 Year Rotating Lot $55,407
Blower Parts Warrant Lot $55,407
CONTRACT TOTAL....................... 1,082,727.00
Blowers - Lone Star Blowers page 17 of 17
Project #112301
E IDIAN
---
AGENDA ITEM
ITEM TOPIC: First Amendment to City of Meridian Parks & Recreation Department
Meridian Youth Baseball/Softball, Inc. Amendment to Development and License Agreement
FIRST AMENDMENT to
CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT
MERIDIAN YOUTH BASEBALL/SOFTBALL,INC.AMENDMENT TO
DEVELOPMENT AND LICENSE AGREEMENT
This FIRST AMENDMENT to CITY OF MERIDIAN PARKS &RECREATION
DEPARTMENT—MERIDIAN YOUTH BASEBALL/SOFTBALL, INC. AMENDMENT TO
DEVELOPMENT AND LICENSE AGREEMENT("First Amendment") is entered into this
9th day of January, 2024 by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Meridian Youth Baseball/Softball,
Inc., a non-profit corporation organized under the laws of the State of Idaho ("MYB/S INC.").
WHEREAS, the Parties seek by this First Amendment to amend the City of Meridian
Parks &Recreation Department—Meridian Youth Baseball/Softball, Inc. Amendment to
Development and License Agreement, dated February 14, 2006 ("2006 Agreement"), a copy of
which is attached hereto as Exhibit A;
WHEREAS,pursuant to the proposal and specifications attached hereto as Exhibit B,
MYB/S seeks to install retractable awnings on two of the City's concession stands in Meridian
Settlers' Park, in order to provide shade and weather protection for MYB/S and other park users,
at MYB/S's expense; and
WHEREAS, City will allow the installation of the retractable awnings as set forth in
Exhibit B, pursuant to the conditions set forth in this First Amendment;
NOW,THEREFORE, in consideration of the mutual covenants of the parties, the
Parties agree as follows:
A. SECTION 3(r)ADDED. A new subsection shall be added to Section 3 of the of the 2006
Agreement, subsection 3(r), to read as follows:
r. MYB/S INC. shall coordinate the installation of retractable awnings on each of the two
(2) concession stands serving the baseball and softball fields on the west side of Meridian
Settlers' Park, at MYB/S INC.'s sole expense,pursuant to the proposal and specifications
attached hereto as Exhibit B. The following terms and conditions shall apply:
(1) Prior to installation of the awnings, MYB/S shall obtain all required permits
from the City of Meridian Community Development Department/Building
Services Division. MYB/S shall obtain all necessary inspections from the
City of Meridian Community Development Department/Building Services
Division.
(2) MYB/S shall notify the Parks &Recreation Department Director or designee,
by phone or email, of the dates and times of the installation of the awnings
and/or related systems.
FIRST AMENDMENT To 2006 MYB/S AGREEMENT PAGE 1
(3) Within thirty(30) days of complete installation of the awnings, MYB/S shall
provide to City copies of all: permitting and inspection records, receipts
showing payment in full for all goods and services related to such installation,
and waivers of lien from any and all contractors used in the installation of the
awnings and/or related systems. Should MYB/S fail to timely provide all
documentation required by this section, City may obtain same and invoice
MYB/S for all associated costs of such task, including required staff time,
which invoice MYB/S shall pay within seven (7) days of receipt.
(4) Within seven (7) days of receipt of all required documentation, City shall
visually inspect the awnings to confirm that they meet the specifications set
forth in Exhibit B, and if they do, shall provide to MYB/S written notification
of City's acceptance of the awnings as installed.
(5) MYB/S shall provide any and all necessary maintenance or repairs to the
awnings. MYB/S shall ensure that the awnings are in good condition
aesthetically and operationally by engaging routine inspection and
maintenance pursuant to all applicable manufacturers' and installers'
recommendations. MYB/S shall ensure that all maintenance and repairs are
conducted by professionals with proper licensing and certification. MYB/S
shall be responsible for obtaining all permits and inspections necessary for
work on the awnings and related systems.
(6) MYB/S shall retain ownership of the awnings throughout the term of this
Agreement. Upon termination or expiration of this Agreement, the awnings
shall become the property of City.
(7) In the event the awnings or related systems are replaced, MYB/S shall comply
with all terms and conditions of this subsection (r)(1-6) in the course of
installing the replacement awnings or related systems.
B. SECTION 6(e)MODIFIED. Section 6(e) of the of the 2006 Agreement shall be modified to
read as follows:
e. City shall perform all site maintenance other than what MYB/S INC. has agreed to
maintain as noted above in item 3(n) and 3(r) of this Agreement.
C. SECTION 12 MODIFIED. Section 12 of the of the 2006 Agreement shall be modified to read
as follows:
12. MYB/S INC. shall not make, or permit to be made, alterations on or to the premises
without first obtaining City's written consent. Except as otherwise specified in this
Agreement, additions to, or alterations of, the premises shall become at once a part of the
real property and belong to City. MYB/S INC. shall keep the premises free from any
FIRST AMENDMENT To 2006 MYB/S AGREEMENT PAGE 2
liens arising out of any work performed for, materials furnished to, or obligations
incurred by MYB/S INC.
D. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this
First Amendment, all provisions of the 2006 Agreement shall remain in full force and effect.
No other understanding, whether oral or written, whether made prior to or
contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise
affect the operation of the 2006 Agreement or this amendment thereto.
IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed
by their duly authorized officers to be effective as of the day and year first above written.
MERIDIAN YOUTH BASEBALL/SOFTBALL,INC.:
—4�)w b�
NAM , President
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison 1-9-2024 Chris Johnson 1-9-2024
Mayor City Clerk
FIRST AMENDMENT To 2006 MYB/S AGREEMENT PAGE 3
EXHIBIT A
2006 AGREEMENT
FIRST AMENDMENT TO 2006 MYB/S AGREEMENT PAGE 4
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
A741WIRN Y04,T'FI
ner�drhe DEVELOPMENT AND LICENSE AGREEMENT
THIS AGREEMENT made and entered into this day of ,
by and between the City of Meridian,an Idaho Municipal Corporation,
hereinafter called "City", and the Meridian 'You tit Baseball/Softball, Inc., a 501(c)(3)
Corporation, hereinafter called "MYB/S INC."
WHEREAS, "MYB/S INC." is a service organization dedicated to public service for
fund raising in support of the youth of Meridian and Western Ada County; and
WHEREAS,"MYB/S INC." and the"City"desire to cooperate to improve recreation
opportunities for youth and the residents of Meridian and Western Ada County; and
WHEREAS, the"City" has available a 23.5 acre parcel within Meridian Settler's Park;
and
WHEREAS, the"City" and "MYB/S INC."agree to designate the 23.5 acre parcel site
as a Special Use park to support youth.
WHEREAS, the "City"is willing, upon certain terms and conditions, to provide use of
the entire 23.5 acre site for a period of time defined within this AGREEMENT;and
NOW, THEREFORE, the parties hereto agree as follows:
1. USE
For and in consideration of promises contained herein, and other good and
valuable consideration., "City"hereby gives and grants to"MYB/S INC."
the right, privilege and license to use certain property(the`premises")
Meridian Youth Baseball/Softball complex more particularly described in
Exhibit A,attached hereto and incorporated herein by reference and
attachment, for purposes set forth in this agreement.
2. TERM OF AGREEMENT
This AGREEMENT shalt be for a term of twenty-five(25) years, with an
option to renew by"MYB/S INC."for an additional ten (10)year period
commencing on the f S day of MA-,,rr, , 2-0o*.
Notice must be given to the other party in writing to the other party at least
ninety(90) days prior to the commencement of the option period if the
renewal is not desired by either party.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE I OF 10
;. DEVELOPINIENT AiND USE OF PR1rMISE
",MYB/S INC."will partner with the"City" to construct the park property
for the use of"MYB/S INC."youth within the above-described area,
which shall be constructed and maintained in accordance with the
following provisions:
a. "MYB/S INC." will provide fundinb necessary for the construction
of the buildings and a poition of the facility premises as described
by the department and shown on the Park Master Plan.
b. Development of the premises shall be in the following noted
phases, which shall be completed within three (3)years of the date
thereof provided, and that two additional years may be granted if
necessary and so long as good faith efforts to raise funds and make
progress toward completion are demonstrated.
C. Phase One shall include:
1. All engineering and construction documents.
2. All baseball back stops and fencing.
3. The construction of the playing fields.
4. All underground utility construction.
5. Parking lot drainage, sub-base to grade and paving.
d. Curb, gutter, and sidewalks.
7. Fine grading for seed preparation,grass seeding.
8. Construction Management
This Phase One is substantially complete and scheduled for final
completion in September 2006.
d. Phase Two shall include:
1. Construction ofrestroom/concession buildings.
2. Landscaping and trees.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 2 OF 10
This Phasc Two is to be substantially complete and scheduled for
final completion in September 2007.
c. Phase Three shall include:
l. Construction of maintenance building.
This Phase Three is to be substantially complete and scheduled for
final completion in September 2009.
MYB/S INC will provide funding for the following items:
I. All engineering and construction documents.
2. All baseball backstops and fencing.
3. Construction Management.
4. Construction of restroom/concession buildings.
5. Construction of maintenance building.
6. Landscaping and trees.
7. All change orders.
. "MYB/S INC."shall not use or permit the use of the premises for
any other purpose without the express written consent of the
"City"
h. The portion of Meridian Settler's Park to which this agreement
applies, is to remain open to public use when not scheduled for
organized use by "MYB/S INC."related activities.
i. "MYB/S INC."will provide a yearly schedule of events to"City".
j. Park rules and regulations and applicable city ordinances will be
observed and complied with.
k. "MYB/S TNC."understands that the premises licensed for use is
first and foremost a"City"park and must obtain permission from
"City"prior to the start of any earth work,grading or construction
being performed.
1. "MYB/S TNC."agrees to develop the park to "City"park
construction specifications and all construction will require a
building permit prior to the start of construction.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 3 OF 10
m. "1\/IYB/S [INC." agrees to maintain records of donations and record
volunteer labor hours and provide the "City" copies of such
records every six (6)months during the construction period.
n. "MYB/S INC."agrees to perform the following site maintenance
during their scheduled use of the site: stripe all playing fields;
place a minimurn of two trash receptacles at each play field, the
"City" will provide the necessary trash receptacles and receptacle
liners; remove the garbage from all trash receptacles and place in
designated trash container at the end of each clay that games are
scheduled;provide a six yard trash container, and provide portable
toilets as necessary.
a. "MYB/S INC." shall be permitted to exclusively operate and
maintain a food concession on site during their scheduled use.
Maintenance and operation of concession operation shall include:
maintain the interior of the concession building,obtain all
appropriate permits and operate the concession to all City, County
and State standards for a good operation; schedule, staff and
manage concession operations; remove and properly dispose of
litter generated from the concession operation. Revenue generated
from the concession is to be placed towards the"MYB/S INC."
program and other youth functions.
P. "MYB/S INC." shall have the right to build and maintain,
consistent with the terms of this agreement and the City's approved
site Master Plan, maintenance/restroom with office on second story
of the facility.
q. "MYB/S INC."shall have sole and exclusive use of the interior of
the concession and maintenance buildings, and all personal
property stored in such buildings is the property of the"MYB/S
INC.". The "City"maintains the right to schedule and reserve site
facilities such as shelters, and restrooms during non-scheduled
"MYB/S INC."youth program use times.
P. "MYB/S, INC."may only charge admission to facilities in the park
in the following circumstances: a regional or state tournament
hosted by`MYB/S, INC." which is affiliated with a national
sponsor such as Cal Ripken or Babe Ruth in which the sponsor
requires the host to charge admission fees;prior advance written
notice has been given to "City"at least 30 days in advance of the
date of the tournament; and the proceeds from the admission fees
shall be used to advance the goals and purposes of encouraging
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 4 OF 10
youth athletic competition and Fitness. In the event that charging
admission fees results in litityation or controversy involving t11e
"City", the parties hereto agree to meet and renegotiate the
circumstances in which admission fees may be charged. Except as
provided herein, no admission charges shall be permitted for
regular league play or any other regular activity of"MYB/S, INC."
4. CONDITIONS OF USE
a. It is understood that dunng constriction that the facility will be
secured in a manner that reduces the opportunity for injury to
anyone entering the property.
b. It is understood and agreed by the parties that "City" has no
obligation to pay for constriction of the park unless agreed to in
writing and attached to this License Agreement. "City" makes no
warranty or promise as to the condition,safety, usefulness or
habitability of the premises and "MYB/S INC."accepts the
premises "as is".
S. INDEMNIFICATION AND INSURANCE
"MYB/S INC." indemnifies"City"and holds "City"harmless from any
loss,liability, claim or action for damages or injury to"MYB/S INC.", or
personal property, or their employees, agents, guests or business invitee(s)
attending or participating in any"MYB/S INC."event, game or practice
and arising out of or resulting from the condition of the premises or any
lack of maintenance or repair thereon. It is further understood and agreed
"MYB/S INC."shall not be considered agents of"City" in any manner or
for any purpose whatsoever in their use and occupancy of the premises,
and "MYB/S INC."hereby agrees to indemnify and hold"City" harmless
from any loss, liability,claim or action from damages or injuries to
persons or property in any way arising out of or resulting from the use and
occupancy of the LICENSED premises by WYB/S INC.", their agents,
employees, guests or business invitee(s)attending or participating in any
organized"MYB/S INC."event, game or practice. If any claim, suit or
action is filed against"City"for any loss or claim described in this
paragraph, "MYB/S INC.", at"City's"option shall defend"City"and
assume all costs, including attorney's fees, associated with the defense or
resolution thereof, or indemnify"City"for all such costs and fees incurred
by"City"in the defense or resolution thereof,however the "City" shall
not be relieved hereby from liability for its own negligence or that of its
employees.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 5 OF 10
In addition. "MYB/S INC."shall maintain, and specifically agrees to
maintain throughout the term of this AGREEMENT. liability insurance in
which "City"shall be named insured in the minimum amount as specified
in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold harmless"City"; and if"City"
becoines liable for an amount in excess of the insurance lit-nits, herein
provided, "MYB/S INC."covenants and agrees to indemnify and save and
hold harmless "City"from and for all such losses, claims,actions,or
judgements for damages or liability to persons or property occurring as a
result of attending or participating in any organized"MYB/S INC."event,
game or practice. "MYB/S INC."shall provide"City" with a certification
of insurance or other proof of insurance evidencing"IMY13/S INC."
compliance with the requirements of the paragraph and file such proof of
insurance with:
City of Meridian
33 East Idaho Street
Meridian,Idaho 83642
In the event the insceranc;e minimums of the Idaho Tort Claims Act are
changed, "MYB/S INC."shall immediately submit Proof of Cornpl iance
with the changed limits.
The"MYB/S 1NC."will provide"City"a detailed Master Plan as
approved by the Board of Parks and Recreation Commissioners for which
construction will be designed and built.
6. CITY RESPONSYBILITIES
a. Phase One:
I. The "City"will pay for the construction of playing fields.
2. The"City"will pay for all underground utility
construction.
3. The"City"will pay for parking lot drainage, sub-base to
grade and paving.
4. The"City" will:pay for pathway and sidewalk sub-base to
grade and paving.
5. The"City"will pay for curb,gutter, and sidewalks.
6. The"City"will pay for fine grading for seed preparation,
grass seeding_
7. The"City"will pay for Sprinkler irrigation installation.
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 6 OF 10
b. The "City" Grill apply for and pay associated fees for all "City" and
County permits and applications for construction purposes for
improvements to the site. The"City shill pay all ACFID fees
associated with this development.
C. The "City" will approve all detailed specifications for construction
of all site improvements to the park.
d. The "City"will provide project inspections during construction to
assure that all improvements are constructed to the approved
specifications.
e. The "City"shall perform all site maintenance other than what
"MYB/S INC."has agreed to maintain as noted above in item 3. L.
of this AGREEMENT. The City will accept maintenance after
each phase of construction is complete and acceptable to the City
as outlined herein.
7. TERMINATION UPON BREACH OR DEFAULT
This AGREEMENT may be terminated by either party upon a breach of
this agreement and failure to cure such breach after sixty(60) days written
notice. In such event, "MYB/S INC."shall be required to remove all
personal property and otherwise vacate the premises on or before the
expiration of the sixty(60) day period. In the event of a holdover by
"MYB/S fNC."beyond the sixty(60)day period,"City", in addition to
and without waiver of any other rights or remedies it may have, may
immediately re-enter and take possession and expel "MYB/S INC."from
the premises, with or without process of law. In the event of re-entry by
"City","MYB/S INC."shall be liable for any damages suffered by"City",
its agents or employees,and any costs, including legal expenses and
attorneys fees, incurred by "City"in recovering the premises.
S. NON-`WAIVER
"City's"waiver on one or more occasion of any breach or default of any
term, covenant or condition of this AGREEMENT shall not be construed
as a waiver of any subsequent breach or default of the same or a different
term, covenant or condition,nor shall such waiver operate to prejudice,
waive or affect any right or remedy"City"may have under this
AGREEMENT with respect to such subsequent default or breach by
"MYB/S INC."shall be liable to"City" for all damages and costs,
including legal expenses and attorney's fees, suffered or incurred by
CITY OF MERIDIAN
PARKS & RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 7 OF 10
"City" in the enforcement of any of the terms, covenants or conditions of
Elie AGREEMENT.
9, SURRENDER OF PREMISES
Upon the expiration or earlier termination or cancellation of this
AGREEMENT, "MYB/S NC." agrees to quit and surrender the premises
to "City"without causing or suffering any waste thereon. "City"hereby
agrees that in consideration of"MYB/S INC." perfonnance of the terns
and conditions of this AGREEMENT, "MYB/S INC."may peaceably and
quietly have and enjoy the said premises for the duration of this
AGREEMENT.
10. ASSIGNMENT,SUBLEASE OR TRANSFER
"MYB/S INC."shall not assign, sublet or transfer the LICENSED
premises, or any portion thereof, or cause or suffer any alterations thereto,
other than as specified in this AGREEMENT,without the express written
consent of"City".
t]. NOTICES
a. All notices to be given with respect to this AGREEMENT shall be
in writing addressed as follows:
TO "MYB/S INC.": President
Meridian Youth Baseball/Softball,Inc.
P.Q. Box 55
Meridian, Idaho 83690
TO "CITY": City of Meridian
Director, Parks and Recreation Dept.
11 West Bower Street
Meridian, Idaho 83642
With a copy to: City Clerk
33 East Idaho Street
Meridian,Idaho 83642
b. Notice shall be either delivered or sent by certified mail,postage
prepaid,return receipt requested to the party to be notified at the
address specified above, or such other address as either party may
designate in writing. Every notice shall be deemed to have been
given at the time it is deposited in the United States mail, or upon
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 8 OF 10
delivery to the party ,above specified, or their agent or le-al
representative.
12. ALTERATIONS
"MI YB/S INC,"shall not make, or permit to be made, alterations on or to
the premises without first obtaining"City's"written consent. Additions
to, or alterations of, the premises shall become at once a part of the real
property and belong to "City". "MYB/S INC."shall keep the premises
free from any liens arising out of any work performed for, materials
furnished to, or obligations incurred by"MYB/S INC."
13. "MYB/S INC." INSPECTION OF PREMISES
"MYB/S INC."acknowledges that `MYB/S INC."has inspected the
premises and does hereby accept the premises as being in good and
satisfactory order, condition, and repair. "MYB/S INC."agrees that upon
termination of this AGREEMENT for any reason, including the expiration
of its term,"MYB/S INC." shall surrender the premises to"City" in the
same good condition as received, reasonable wear and tear,damage by
fire, or act of God excepted.
14. INSPECTON
"MYBiS INC." shall permit `City"and "City's"contractors and
employees,at any time, to enter the premises for the purposes of
inspection for compliance with the terms of this Use AGREEMENT and
for the exercise of"City's"rights, the posting of notices,and for all other
lawful purposes.
15. APPROVAL BY CITY COUNCIL
This AGREEMENT shall not be effective for any purpose whatsoever
until it is approved by the resolution of the City Council and executed by
the Mayor. By the granting of this LICENSE, the City Council is not
obligating itself,the City of Meridian, its officers or agents, with regard to
any other discretionary action relating to development or operation of said
premises. Such discretionary actions include, but are not limited to, the
granting or rezoning, variances, use permits,environmental clearances, or
any other governmental agency approval that is required by law.
16. BINDING EFFECT:
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 9 OF 10
This AGREEMENT and tilt, terms and conditions hereofshall apply to
and are bindiing upon the heirs, legal representative. successors and assitons
of the parties.
17. PRIOR AGREEMENTS SUPERCEDED:
This AGREEMENT contains the entire agreement between the parties as
it pertains to the premises.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY: MERIDIAN YOUTH
BASEBALL/SOFTBALL, INC.:
BY: BY:
Tammy rd, Mayor ,t;►ttttult�ttulri resident
7 21
Attest:
BY A&--fz I ► , `, +
William G. Berg, Jr., Ci l
APPROVED AS TO FORM AND CONTENT:
Director, P ks&Recreatiodbepartment
�r
City Attolne
Risk Manager
Z:IWorklMlMcridian\Mertdian 15360M\Parks%Y0L11h 2k_ProJact%Dcve1opmem and License Agmi Meridian Baseball and Sonbail 02
05 04.doc
CITY OF MERIDIAN
PARKS &RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 10 OF 10
CITY OF MERIDIAN
DEVELOPMENT AND LICENSE AGREEMENT
MERIDIAN YOUTH BASEBALL/SOF MALL,INC.
THIS AGREEMENT made and entered into this I��� day of_M,,40„ _
by and between the City of Meridian,an Idaho Munictpa l Corporation,
hereinafter called"City,,,and the Meridian Youth Baaebamoftbal[, Inc., a 50l(c)(3)
Corporation,hereinafter called "MYB/S INC."
WHEREAS, `MYB/S INC." is a service organization dedicated to public service for
fund raising in support of the youth of Meridian and Western Ada County;and
WHEREAS, "MYB/S INC."and the"City"desire to cooperate to improve recreation
opportunities for youth and the residents of Meridian and Westem Ada County;and
WHEREAS,the"City" has avaitable a 23.5 acre parcel within Meridian Settler's Park;
and
WHEREAS, the"City"and"MYBtS INC"agree to designate the 23.5 acre parcel site
as a Special Use park to support youth.
W13EREAS, the"City" is willing,upon certain terms and conditions,to provide use of
the entire 23.5 acre site for a period of time defined within this AGREEMENT;and
NOW,THEREFORE,the parties hereto agree as follows:
1. USE:
For and in consideration of promiges contained herein,and other good and
valuable consideration, "City" hereby gives and grants to I'MYB/S INC.",
the right, privilege and license to use certain property(the"premises")
Meridian Youth Bawball/Softball complex mory particularly described in
Exhibit A, attached hereto and incorporated herein by reference and
attechmenc
2. TERM OF AGREEMENT:
This AGREEMENT shall be for a term of twenty-five(25)years, with an
option to renew by"M�/S INC."for any additional tan(10)year period
commencing on the day of )acl
Notice must be given to the other party in writing to the other party at least
Cr1 Y OF MERIDIAN
PADS&RECRE AnON DEPARThETT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE I OF 10
ninety(90)days prior to the commencement ofthe option period if the
renewal is not desirod by either party.
3. DEVELOPMENT AND USE OF PREI1HU:
"MYBIS M."will construct the park property for the use of"MYB/S
INC"youth within the above-described area,which shall be constructed
and maintained in accordance with the following provisions:
a. "MYB/S INC."will provide all funding necessary for the
construction of the facilities and premises as described by the
department and shown on the Park Master Plan.
b. Dcvelopment of the premises shall be in the following noted
phases,which shall be completed within three(3)year's of the date
hereof provided,and that two additional years may be granted if
necessary and so long as good faith efforts to raise funds and make
progress toward completion are demonstrated.
C. Phase One shall include:
1. All engineering and construction documents.
2. The construction of the playing fields.
3. All underground utility construction.
4. Parkirg lot drainage and snb-base to grade.
S. Pathway and sidewalk sub-base to grade.
6. Curb, gutter, sidewalks.
T. All baseball back stops and fencing.
8. Sprinkler irrigation installation.
9. Fine grading for seed preparation, grass seeding,
This Phase One is substantially complete and scheduled for final
completion in July 2OD5,
d. Phase Two shall include:
CITY OF MERIDIAN
PARKS&RECREATION DEPARTNEgT
DEVELOPMIINT AND LICENSE AGREEMEM
PAGE 2 OF 10
1. Parking lot and pathway paving.
2. Construction:of restroom buildings.
3. Completion of landscaping and tree planting.
4. Construction of concession buildings.
5. Construction of mairdenance building.
B. "NM/S INC." shall not use or permit the use of the promises for
any other purpose without the express written consent of the
"City".
f. The portion of Meridian Settler's Park to which this agreement
applies, is to remain open to public use when not scheduled for
organized use by"MYB/S INC."related activities.
g. "MYWS INC."will provide a yearly schedule of events to"City"
h. Park rules and regulations and applicable city ordinances will be
observed and complied with.
L "MYB/S INC."understands that the premises licensed for use is
first and foremost a"City" park and must obtain permission from
"City"prior to the start of any earth work,grading or construction
being performed.
j. "MYB/S INC."agrees to develop the park to"City"park
construction specifications and all construction will require a
building permit prior to the start of construction.
It. "MYB/S INC_" agrees to maintain records of donations and record
volunteer labor hours and provide the"City"copies of such
records every six(6)months during the construction period.
1. "NNBIS INC." agrees to perform the following site maintenance
during their scheduled use of the site: stripe all playing fields;
place a minimum of two trash receptacles at each play field,the
"City"will provide the necessary trash receptacles and nmeptacle
liners;remove the garbage from all trash receptacles and place in
designated trash container at the end of each day that games are
scheduled;provide a six yard trash container, and provide portable
toilets as necessary.
MY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND IWENSE AGREEMENT
PAGE 3 OF 10
M. "MYBIS INC."shall be permitted to excursively operate and
maintain a food concession on site during their scheduled use.
Maintenance and operation of concession operation shall include:
maintain the interior ofthe concession building,obtain all
appropriate permits and operate the concession to all City, County
and State standards for a good operation; schedule, staff and
manage concession operations;remove and properly dispose of
litter generated from the concession operation. Revenue generated
from the concession is to be placed towards the"MYB/S INC."
program and other youth functions.
n. '%M/S INC."shall have the right to build and maintain,
consistent with the terms of this agreement and the City's approved
site Master Plan,maintenaneelrestmom with office on second story
of the facility.
o. `MYBIS INC." shall have sole and exclusive use ofthe interior of
the buildings, and all personal property stored in such buildings is
the property of the"MYB/S INC.". The"City"maintains the right
to schedule and reserve site facilities such as shelters, and
restrooms during non-scheduled'%MIS INC,"youth program
use times_
p "MYBIS, INC."may only charge admission to facilities in the park
in the following circumstances: a regional or state tournament
hosted by`2VM/S,INC."which is affiliated with a national
sponsor such as Cal Ripken or Babe Ruth in which the sponsor
requires the host to charge admission fees; prior advance written
r � notice has been given to"City" at least 30 days in advance of the
date of the tournament;and the proceeds from the admission fees
shall be used to advance the goals and purposes of encouraging
X youth athletic competition and fitness. In the event that charging
admission fees results in litigation or controversy involving the
"City",the parties hereto agree to meet and renegotiate the
oircumstances in which admission fees may be charged. Except as
provided herein, no admission charges shall be permitted for
regular league play or any other regular activity of"MYBIS, INC."
4, CONDITIONS OF USE:
a. It is understood that during construction that the facility will be
secured in a manner that reduces the opportunity for injury to
anyone entering the property.
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 4 OF 10
b It is understood and agreed by the parties that"City" has no
obligation to pay for construction of the park unless agreed to in
writing and attached to this License Agreement. "City"makes no
warranty or promise as to the condition,safety, usefulness or
habitability of the premises and"MYB/S INC." accepts the
premises"as is".
$. INDICAMFICATION AND INSURANCE:
"MYB/S INC."indemnifies"City" and holds"City" harmless from any
loss, liability, claim or action for damages or injury to"MYB/S INC.",or
personal property, or their employees,agents,guests or business invitee(s)
attending or participating in any"MYB/S INC."event,game or practice
and arising out of or resulting from the cori ton of the premises or any
lack of maintenance or repair thereon. It is further understood and agreed
"MYB/S INC." shall not be considered agents of"City"in any manner or
for any purpose whatsoever in their use;and occupancy of the premises,
and"MYB/S INC."hereby agrees to indemnify and hold"City" harmless
from any loss,liability, claim or action from damages or injuries to
persons or property in any way arising out of er resulting from the use and
occupancy of the LICENSED premises by"MYB/S INC",their agents,
employees, guests or business invitee(s)attending or participating in any
organized"MYB/S INC"event,game or practice. If any claim, suit or
action is filed against"City"for any loss or claim described in this
paragraph,"MYB/S INC_",at"City's"option shall defend"City"and
assume all costs,including attorney's fees, associated with the defense or
resolution thereof; or indemnify"City"for all such costs and fees incurred
by"City"in the defense or resolution thereof,however the"City"shall
not be relieved hereby from liability for its own negligence or that of its
employees.
In addition,"MYB/S INC." shall maintain,and specifically agrees to
maintain throughout the term of this AGRFNT, liability insurance in
which"City"shall be named insured in the minimum amount as specified
in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho
Code. The limits of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold harmless"City";and if"City"
becomes liable for an amount in excess of the insurance limits,herein
provided, "MYB/S INC."covenants and agrees to indemnify and save and
hold harmless"City" from aril for all such losses, claims, actions, or
judgments for damages or liability to persons or property occurring as a
result of attending or participating in any organized'%M/S INC." event,
game or practice. '%M/S INC."shall provide"City" with a certification
CITY OF MERIDIAN
PARKS&RECREATION DEPAR'IWNT
DEVELOPMENT AND LICENSE AGREEMENT'
PAGE 5 OF 10
of insurance or other proof of insurance evidencing"MYO/S INC."
compliance with the requirements of the paragraph and file such proof of
insurance with:
City of Meridian
33 East Idaho Avenue
Meridian,I Ww 83642
In the event the insurance minimums of the Idaho Tort Claims Act are
changed,"MYBIS INC."shall immediately submit Pmof of Compliance
with the changed limits.
The"MYB/S INC."will provide"City"a detailed Master Plan as
approved by the Board of Parks and Recreation Commissioners fbr which
construction will be designed and built.
6. CM RESPONSIBILTIUS:
a The"City"will apply for and pay associated fees for all"City"and
County permits and applications for constriction purposes for
improvements to the site. The"City shall pay all ACHD fees
associated with this development.
b. The"City"will approve all detailed specifications for construction
of all site improvements to the park.
C. The"City"will provide project inspections during construction to
assure that all improvements are constructed to the approved
specifications.
d. The"City"shall perform all site maintenance other than what
"MYB/S INC."has agreed to maintain as noted above in item 3. L.
of this AGENT. The City will accept maintenance after
each pbase of construction is complete and acceptable to the City
as outlined herein.
7. TERMINATION UPON BREACH OR DEFAULT:
This AGREENMNT may be terminated by either party upon a breach of
this agreement and failure to cure such breach after sixty(60)days written
notice. In such event,"1VY'YB/S INC." shall be required to remove all
personal properly and otherwise vacate the premises on or before the
expiration of the sixty(60)day period. In the event of a holdover by
'%M/S INC."beyond the sixty(60)day period, "City", in addition to
and without waiver of any other rights or remedies it may have, may
CITY OF MERIDIAN
DARKS&RECREATION DEPAR'INIEW
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 6 OF 10
immediately r"uter and take possession and expel"MYBIS INC"from
tf a premises,with or without process of law. In the event ofre-entry by
"City", "MYB/S INC."shall be liable for any damages suffered by"City",
its agents or employees, and any costs, including legal expenses and
attorneys fees, incurred by"City"in recovering the premises.
8. NON-WAIYETi:
"City's"waiver on one or more occasion of any breach or default of any
terns, covenant or condition of this AGREEMENT shall not be construed
as a waiver of any subsequent breach or default of the same or a different
term, covenant or condition, nor shall such waiver operate to prejudice,
waive or affect any right or remedy"City" may have under this
AGREEMENT with respect to such subsequent default or breach by
"MY13/S INC"shall be liable to"City"for all damages and costs,
including legal expenses and attorney's fees, suffered or incurred by
"City"in the enforcement of any of the terms, covenants or conditions of
the AGREEMENT.
9. SURRENDER OF PREMISES:
Upon the expiration or earlier termination or cannellation of this
AGREEMENT,`AM/S INC." agrees to quit and surrender the premises
to"City"without causing or suffering any waste thereon. "City" hereby
agrees that in consideration of'%M/S INC."performance of the terms
and conditions of this AGREEMIENT,"MYB/S INC." may peaceably and
quietly have and enjoy the said premises for the duration of this
AGREE&=.
10. ASSIGNMENT,SUBLEASE OR TRAIN'S + E R:
"MYB/S INC."shall not assign,sublet or transfer the LICENSED
premises,or any portion thereof or cause or suffer any alterations thezeto,
other than as specified in this AGREEMENT,without the express written
consent of"City".
11. NOTICES:
a. All notices to be given with respect to this AGREEMENT shall be
in writing addressed as follows:
TO'sMY.B/S INC.": President
Meridian Youth Baseball/Softball,Inc.
P.O.Box S5
CITY OF MERIDIAN
PARKS&RECREATION DEPAR'I'NENT
DEVELOP1v1M AND LICENSE AOREENIENT
PAGE 7 OF 10
Meridian,Idaho 83580
TO"CITY": City of Meridian
Parks&Recreation Director
11 West Sower Street
Meridian,Idaho 83642
With a copy to: City,of Meridian
City Clerk
33 East Idaho Avenue
Meridian, Idaho 83642
b. Notice shall be either delivered or sent by certified mail, postage
prepaid, return receipt requested to the party to be notified at the
address specified above, or such other address as either party may
deaignate in writing. Every notice shall be deemed to have been
given at the time it is deposited in the United States mail,or upon
delivery to the party above specified, or their agent or legal
representative.
12. ALTERATIONS:
"MYBlS INC." shall not mare, or permit to be made, alterations on or to
the premises without first obtaining"City's"written consent. Additions
to, or alterations o&the promises shall become at once a part of the real
property and belong to"City". "M M/S INC."shall keep the premises
free from any liens arising out of any work performed for, materials
furnished to,or obligations incurred by"MYE/S INC."
13. "MYBIS INC."INSPECTION OF PRE SES:
"NTYB/S INC."acknowledges that"MYBIS INC."has inspected the
premises and does hereby accept the premises as being in good and
satisfactory order,condition, and repair. "7YYS1S INC" agrees that upon
termination of this AGREEN,CEW for any reason, including the expiration
of its term, "MYBIS INC."shall surrender the premises to"City"in the
same good condition as received,reasonable wear and tear, damage by
fire, or act of God excepted.
14. INSPECTON:
"MYB/S INC." shall permit "City"and"City':?'contractors and
employees,at any time,to enter the premises for the purposes of
CITY OF MERIDIAN
PARKS&.RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 8 OF 10
15. APPROVAL BY CITY COUNCIL
This AGREEMENT shall not be effective for any purpose whatsoever
until it is approved by the resolution of the City Council and executed by
the Mayor. By the granting of this LICENSE,the City Council is not
obligating itself;the City of Meridian,its officers or agents,with regard to
any other discretionary action relating to development or operation of said
premises. Such discretionary actions include, but are not limited to,the
granting or rezoning, variances,use permits,environmental clearances,or
any other governmental agency approval that is required by law.
16. BINDING EFFECT:
This AGREEMENT and the terms and conditions hereof shall apply to
and are binding upon the heirs,legal representative,successors and assigns
of the parties.
17. PRIOR AGREEMENTS SUPERCEDED:
This AGREEMENT contains the entire agreement between the parties as
it pertains to the premises.
IN WITNESS RRii MOF,the parties hereto have subscribed their names the
day and year first above written.
MERIDIAN CITY: MERIDLAN YOUTH
BASEBALUSOFTBALL,INC.:
(B'r
BY:
Tammy Mayor President
`1,��illtltllllff!lJlfr�/1� .
OF
Attest:
♦~,`�`���9TfiD �/fir'
ti
BY BEAL
William G. Berg,Jr.,City
:.9d r ts'T
CITY OF MERIDIAN
PARKS&RECREATION DEPARTMENT
DEVELOPMENT AND LICENSE AGREEMENT
PAGE 9 OF 10
APPROVED AS TO FORM AND CONTENT:
Director,P ks&Recr+ealtdv ent
City xt6rficy
E
'sk Manager
7-AWo&WV,aidlfmWj;6dfea 1536DWxrk%Youth 2l*ProjmlDevefnpamn end License Agent MwWinn Baseball and Softball 02
05 04.doc
CITY OF MERIDIAN
PARKS&RECREATION DEPARTTvIEN'T
DEVELOPMENT AND LICENSE AGREEMBMf
PAGE 10 OF 10
EXHIBIT B
MYB/S PROPOSAL; AWNING SPECIFICATIONS
FIRST AMENDMENT TO 2006 MYB/S AGREEMENT PAGE 5
Proposal for the Installation of Retractable Awning at Meridian Youth Baseball
and Softball Concession Stands
To: City Council, City of Meridian
From: Meridian Youth Baseball and Softball
Date: November 2111, 2023
Subject: Request for Permission to Install Retractable Awnings at Concessions Stands.
Summary:
Meridian Youth Baseball and Softball proposes the installation of retractable awnings at both of our
concession stands. This addition aims to enhance the facilities, providing shade and weather protection
for our community. We intend to pay this project entirely from our budget, ensuring no financial
burden on the city.
Introduction:
Our organization is committed to improving the experience of all participants and spectators at our
events. The installation of retractable awnings is a step towards upgrading the facilities, providing
comfort and protection against weather elements.
Project Description:
Awning Specifications: Custom-designed, high-quality retractable awnings, suitable for specific
dimensions of our concession stands as quoted and measured by Sun Setters Awnings.
Electrical Work; Installation of necessary electrical power on the room of concession stands by a
licensed electrician, adhering to all safety and building codes—also paid for by MYBS.
Warranty and Protection; The awnings come with a 10-year manufacturing warranty.
Additionally, we propose to include the negligence warranty to cover any damages caused by
ball impacts.
Budget and Funding;
Costs: Detailed cost analysis attached.
Funding:This project will be fully funded by Meridian Youth Baseball and Softball, with no
financial impact on the City budgets.
Timeline
Order and Delivery: Once ordered, the awnings will be delivered in 6-8 weeks.
Installation: Installation will be scheduled immediately upon delivery, with no disruptions to the
facility's operations.
Benefits;
Enhance Facilities: Improve comfort and aesthetics at our concession stands.
Community Value: Adds to the overall appeal and functionality of the sports complex,
benefiting the larger Meridian community.
Safety and Comfort: Provides shade and protection from weather elements for our players,
staff, and spectators.
Compliance and Safety;
The installation and electrical work will comply with City regulations and standards. The project
will be executed with the utmost attention to safety and quality.
Conclusion and Request for Approval:
We respectfully request the City's approval to proceed with this project. Our commitment to
enhancing the Meridian Youth Baseball and Softball facilities is unwavering, and we believe this
improvement will be a valuable addition to our community.
Attachments: See photos and detailed cost analysis.
Sincerely,
Chelsey Rispalje
Concessions Director
Meridian Youth Baseball and Softball
5111 Alworth St. #B '� Gutter
Boise, ID 83714 Exclusive Dealer For
Phone(208) 375-8800 Hlem.."'M�t r� , 'Gutter cw
Fax (208) 375-8851 I"1elme a,
"""c""Y"wn...A"w
Licensed - Bonded - Insured of Idaho
ID State Contr. #RCE-5572
www.gutterhelmetofidaho coin NEVER CLEAN YOUR GUTTERS AGAIN" 6I
Job Date 208-375-8800 For Office Use Only
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SunSetter brackets and hardware associated with installation.
Workman's compensation and general liability insurance. Less Deposit
Cleanup and removal of all debris associated with installation.
Delivery and explanation of SunSetter Warranties and Customer Fact Sheet
Balance Due
*Please read SunSetter Warranty and Customer Fact Sheet Carefully.
Paid to installers at time of completion.
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Buyers Right to Cancel
This agreement may be cancelled by mailing a notice to the seller's place of busmen.Notice must slate that goods or services are not wanted Any deposit is nonrefundable and will be considered
liquidated damages unless this contract is cancelled in writing before midnight on the third working day after you sign this contract
Acceptance of Proposal
The above pace specifications and conditions are satisfactory and are hereby accepted.You are authorized to perform all work as specified.Payment will be made as outlined above.Read this
agreement carefully before signing.
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AGENDA ITEM
Department Reports
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AGENDA ITEM
ITEM TOPIC: Resolution No. 24-2429: A Resolution of the Mayor and the City Council of
the City of Meridian Approving City Council President's Appointments of City Council Members
to Serve as Department Liaisons, and Providing an Effective Date
CITY OF MERIDIAN RESOLUTION NO. 24-2429
BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS,
OVERTON, STRADER, TAYLOR
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN
APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL
MEMBERS TO SERVE AS DEPARTMENT LIAISONS, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Meridian City Code section 1-7-6(A), the president of the City Council
is to appoint a city council member to serve as liaison between Meridian City Council and each of the
City departments, and at the City Council meeting on January 9, 2024, City Council President Joe Borton
did make such appointments;
WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and
memorialize these appointments;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the City Council members appointed by City Council President Borton to serve as
liaisons to the respective departments, as follows, shall fulfill the duties of such function as enumerated in
Meridian City Code section 1-7-6(B).
Joe Borton: Finance Department
Mayor's Office
Parks & Recreation Department
Luke Cavener: City Clerk
Police Department
Anne Little Roberts: Fire Department
John Overton: Community Development Department
Liz Strader: Human Resources Department
Information Technology Department
Legal Department
Doug Taylor: Public Works
Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 9t'day of January, 2024.
APPROVED by the Mayor of the City of Meridian, Idaho, this 9t'day of January, 2024.
APPROVED: ATTEST:
Mayor Robert E. Simison Chris Johnson, City Clerk
2024 RESOLUTION APPOINTING CTTY COUNCIL DEPARTMENT LIAISONS PAGE I OF I
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AGENDA ITEM
Executive Session