Loading...
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 --- 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 I E i 1 s 4 l GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 1-9-2024 i i Attest by Chris Johnson, City Clerk 1-9-2024 i I �I 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 1 E i 4i I I 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; r G 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; i r 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. t® 533-02.doc Page 1 of 1 I I 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 Izo I� f 1 I I t— CITY OF MERIDIAN — SANITARY SEWER (� LINE TABLE I AND WATER EASEMENT Q INSTRUMENT NO, 2021--173038 _ n - /--N 0'50'48" E=L`� L3 �\ LINE LENGTH BEARING O -118.00' — L1 45.00' N 0'50'48" E I I 46OO��� l- -- O 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 I L1 I� � 1 CITY OF MERIDIAN (N � SANITARY SEWER I tO AND WATER EASEMENT ` I I INSTRUMENT NO. 113038359 QI I IJ LPL LAND TER�o G� 78 I BLOCK 1 I IN C. W 10 fib I2� I I I ^ N. LISHMAN LANE ^ ^ a 641 STAKE.DWG N. 1EN MILE ROAD p E IDIAN --- 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. 5 �1 a to 12459 a OF N L. BAy I2 ./0.yU�� 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com NORTH 1/4 CORNER SECTION 14 IN FOUND ALUMINUM CAP 0 100 200 300 Plan Scale: 1" = 100' _ _ W Franklin Road 11 14 I I I a X [a O V n 0 O o O Cq LIN E TABLE - I U)X N LINE BEARING DISTANCE CD L3 L4 N m JQ= N89'24'29"W 3 U- L1 N89'41'02"W 37.00 E � ~i o � r L1 125.53' (TIE) j a L2 NO'18'58"E 10.00 > -+ ro vJ z C -I POINT OF > o m L3 S89'41'02"E 37.00 ►- "� BEGINNING Q -0 -�e L6 L4 SO'18'58"W 10.00 a) I 0 N O U LO 0 Z W co W wVi z to 0I W Q 3 z Q W 3 Z TM Crossing o -------� Subdivision No.4 a o POINT OF COMMENCEMENT 1CM CENTER 1/4 CORNER SECTION 14 FOUND ALUMINUM CAP N m N E N G I N E E R I N G n_ 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 x > 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. qTF OF \OP ��<< H Y lAs" 12/S Z20 5725 North Discovery Way e Boise, Idaho 83713 m 208.639.6939 • kmengllp.com P:\21-213\CAD\SURVEY\EXHIBITS\231207 CITY OF MERIDIAN WATER EASEMENT(LOT 69)21-213.DWG,KOBE ZIMMERMAN,12/8/2023,DWG TO PDF.PC3,08.5X11 L IPDri N. Ten Mile Road o 0 00 00 11 I r � � m m CD J II NM cn z oz I I z w >v �o MM I I I co N m - -- — mice—. < Cn ; z z No 0 N _ IM m M v v co r- z Z Z-I O z 0000 n p m O a NiC z in 0 2 z - o D(3.cn 2� z m D 0 X� \ m m Ed co CY) z z o �' r m r 0 2�� m o m a 03� M rnc p O p \�j� z 0 CD i z- r \ oo N rn z F z-i on 00 �Z \ o �a o Ln y cn N00°52'45"E 36.50' Crl1 -P, GI N ,...----- m z 03 CD Iq O IR O 03 co C° rr O � J N N (3 � N) z 1 C° MCn cn ccn rn D L4 M M M M CO & 26.25' _ MS00°52'45"W o o v' o - Cn 0 0 No z 10z3 C) Z-V OD O O) C7 0 1 � Z O 2r BASIS OF BEARING S00'51 13"W 200.00' BRIDGETOWER CROSSING SUBDIVISION No. 5 m V) o m Exhibit B m 000_ z City of Meridian Water Easement —_� � m n=Z �. O a O?� -fl o o c O T 9 A portion of Lot 69, Block 10 of Bridgetower Crossing Subdivision No.7 Situated in the {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 0 N Jl 25.15 s89°02'14"e 10.20 s89°02'14"e 3 r � rn a ry O � O IJ J n89106'47"w 34.99 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 25.15 003=s89.0214e 10.20 006=s00.5746w 21.96 20.00 s89°06'47"e 3 vN O O O 4 V1 O -N 's N 'V y6 M � O C i V1 H 7 N N v1 N O O n89°07'15"w 24.28 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 : `•. • c+ ,yti. "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 x �'9 0 2 TF 0 F `OPT << HOSD V912023 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com P:\21-213\CAD\SURVEY\EXHIBITS\231207 CITY OF MERIDIAN WATER EASEMENT(LOT 70)21-213.DWG,KOBE ZIMMERMAN,12/8/2023,DWG TD PDF.PC3,08.5X11 L[PDF] Z Oo I I r O v- 1 n N N M N. Ten Mile Road I z li o000 iv o uq I � u n C g D D O O 2 I �rrCr77 K m C 0 0 II I -C m r I-"� h1 -A cocom _. "1 ILTI o 0 I m r OC O t1 0 I Z m D m m m z I Ln < Z D ;0 CoI r 00 X X Ln 15 (0 (0 :-A03 N I rn m tN ai CD Ln r-n 5�O O Z p UI C4 .P -P1 _41 -I O 00 W 0 I Z "D I z O z TI z GD�T D M o z co n cn N = Op v > 0 0 0 N m_U -� no w K-zi - Cn m CW zo BASIS OF BEARING S00°53'13"W 200.00' BRIDGETOWER CROSSING SUBDIVISION No. 5 m Ln v p N Z = � ti oozes m R Exhibit B mmA— City of Meridian Water Easement =z onp 0 a mpn TI p om 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 0 w 3-4.99 s89°06'47"e n89°02'14'w 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. Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 1 of 19 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 Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 2 of 19 Jacobs Engineering Group Inc. 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. Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 3 of 19 Jacobs Engineering Group Inc. • 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. Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 4 of 19 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. Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 5 of 19 Jacobs Engineering Group Inc. 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 Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 6 of 19 Jacobs Engineering Group Inc. 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: Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 7 of 19 Jacobs Engineering Group Inc. 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. Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 8 of 19 Jacobs Engineering Group Inc. 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. Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 9 of 19 Jacobs Engineering Group Inc. • 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. Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 10 of 19 Jacobs Engineering Group Inc. • 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 Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 11 of 19 Jacobs Engineering Group Inc. 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. Task Order 11230.1 Aeration Basins Retrofit& Upgrade Software Integration Page 12 of 19 Jacobs Engineering Group Inc. • 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 Task Order 11230.1 Aeration Basins Retrofit&Upgrade Software Integration Page 13 of 19 Jacobs Engineering Group Inc. 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 --- 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. Blowers - Lone Star Blowers page 1 of 17 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: Blowers - Lone Star Blowers page 2 of 17 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. Blowers - Lone Star Blowers page 5 of 17 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 Blowers - Lone Star Blowers page 6 of 17 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. Blowers - Lone Star Blowers page 7 of 17 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 Blowers - Lone Star Blowers page 14 of 17 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 =Text ❑Call ❑Text ❑Call Estimate Date Phone 1 Phone 2 Email Z— Z 3 zo z-4� ame Address Zip Code Ale�•'d•ate �_ � ln Billing Address Job Location Repr ntativ Siding r l� f.-� Size: Projection: 7(Waling / ` �l W MOTORIZED-AB a o all Soffit /1 RE rRACTA8EE AWNfNGS rick �. Roof �jJ r$ D�l Q/� �r!✓"'1 �! t/,S Motor Mnt ! }� l i� Installer notes: -Left ❑Right x18'Cord o 24'Cord l C r` ZG4-4 46KJ'-1' n CT Awning Model -6a--% Or5 Platinum o XL Motorized ❑Pro ❑Manual ❑Oasis Plus Casette Wing Awning Material Accessories c C Laminate # C Front Panel -i Led Lights C Cleaning Kit Shipping �1 Acrylic # _ ❑Right Panel ,Patio Lights 5yrAll Weather Warranty r ❑Left Panel -Wind Sensor 4411.30yr All Weather Warranty Installation Color as 7 ❑ Metal Hood ,Soft Cover ❑Other: ❑Wave Straight EZ Shade- Subtotal Case: Fabric: Tax J �e Every Professional 51nSetterAwning Installation Includes: Total Price Q k9Q• 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. "C.Card(circle oriel: Accepting MC,VISA,Disc.Amer.Express VC v15;, D,scover Amer.Express Accl.t Exp Cate- 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. A ,. ;; �. ,. r - o . .... •••�•',-�: : .� .rye_ E IDIAN�- )AH AGENDA ITEM Department Reports E IDIAN --- 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 E IDIAN�- )AH AGENDA ITEM Executive Session